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Home My WebLink About02-22 R&J Land Development - Stonewall PINS33-A-122A, 123, 123C, 123D, 123E - Backfile0 0 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Slat. �aa slac�laa Sys ID # Fee & Sign Deposit Deed Plat/Survey i Taxes Paid Statement File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) n Planning Commission Meeting ACTION: J,p a1� Board of Supervisors Meeting ACTION: 01�-Ue d Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended NOTES RECEIPT ') DATE .-� NO. 32.0277 RECEIVED FROM ��V ---- — AD RESS 3 a 0 r i rl Y, Y e -woo any re 4� ')(ttA FOR AMr ACC- :f Q '� --- JMB INVESTMENTS COMPANY LLC 325 ERIN DRIVE KNOXVILLE, TN 37919 PAY TO THE Frederick County Treasurer ORDER OF Five Thousand One Hundred Forty -Four and 001100** Frederick County Treasurer _ f i NOTES 1 a E C E I PI. (-� j� DATE V��-- RECEIVED FROMrn ARESS `3 0� �^ � r� D r, 16) rY e ACCOUNT HOW PAID AMT. Or ACCOUNT CASH AMT. PAID 51 yq CIIFCK I . BALANCE DUE 610NEY ORDER JMB INVESTMENTS COMPANY LLC 325 ERIN DRIVE KNOXVILLE, TN 37919 ZZ NO. 320277 i Del e,zvYla`� c� BY- -2001 rEEP�qO i SOUTHEASTB! soulheaslbank.c PAY TO THE Frederick County Treasurer ORDER OF Five Thousand One Hundred Forty -Four and 00/100********************************************•***** DOLt_ Frederick County Treasurer MEMO Clearbrook Rezoning - A,UTHoR¢EDSK3NATURE rA 00011B4u' i:064 208767l:017185 2B43n' z z_ ('O(jN,I'Y 01.1'1�I'•1)I-;RICK Depculnim rlPhnnily and Itvel pment 540/ 665-5651 Mily 212022 Stowe Engineering, PLC Tim Stowe 103 1 leath Court Winchester, VA 22602 RE; REZONING 802-22 R&J Land Development. PIN; 33-A-12.3 Dear i'VIr.Stowe: 'phis letter serves to confirm action taken by the 110crick County Board of Supervisors at their meeting on May 25, 2021 The above-rcfcrenced application was approved to rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.11114-acres from 133 (Industrial Transition) District to 133 (Industrial 'Il•ansition) District with amended proffers. The properties are located north"vst corner at intersection of Martinsburg Pike (Route I I) and Jeffs Way and are identified by Property Identification Numbers 331-122A, 310123, 33-A-1230 33-A- 1231) and 33-A-123E in the Stonewall Magisterial District_ The proffer statement originally dated March 2, 2006 and revision date of April 6, 2022, that was approved as a part of this rezoning application is unique to the above rcfcrenced property and is binding regardless or ownership. Enclosed N a copy or the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attoruey will present the written proffer to the 'red erick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office Qwu have any questions regarding the approval orthis rezoning application. Sinccrcly, Tyler Klcin, AICP Senior Planner N4 T K"d Attachments cc: Judith McCann -Slaughter, Supervisor Stonewall District Justin Kerns and William A. Orndoff, Stonewall District Planning Commissioners Debra Bonarti, Real Ewe Rod Williams, County Attorney w/Proffer and Resolution JMB InvesUnent Company, LLC, 325 Erin Drive, Knoxville, TN 37919 R&J Land Development, L,I,C 1631 Redbud Road, Winchester. VA 22603 107 North Kcal `;trrCt, Suite 2W „ \1'inelreslcr. Virginia ..'.2001-.' l000 COUNTY of FREDERICK Department of' Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING May 11, 2022 TO: Tl-lE APPLICAN"i'(S) AND/OR ADJOINING PROPERTY OWNER(S) I Z I REZONING APPLICATION #02-22 FOR R&J LAND DEVELOI'MENf, LLC On behalf of the i-rcderick County I3oard of Supervisors, you are hereby notified of a public hearing being held on Wednesday, tMay 25, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Strect, Winchester, Virginia to consider the following application: Rezoning #02-22 of R&J Land Development, LLC submitted to rezone 1.444-acres from 133 (Industrial Transition) District to 132 (General Business) District with proffers and 15.444-acres from 133 (Industrial Transition) District to 133 (Industrial "Transition) District with amended proffers. The properties are located northwest corner at intersection of Martinsburg Pike (Route 1 1) and JefFS Way and are identified by Property Identification Numbers 33-A-122A, 33-A-123, 33-A-123C, 33- A-123D and 33-A-123E in the Stonewall Magisterial District. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the mecting. Comments on the above may be submitted to the commission \'la: Electronic commenting on the County website at: %�'ww.lcva.us/130SMectint,,s (Click on eConunent for the May 25, 2022, mecting). Email to County staff at kvacchlo(()feVa.us or ann.phiIIips u)1cva.us Mail to Planning Department — May 25, Public Hearing Comments, 107 N. Kcnt St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hoes of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Strect, Winchester VA 22601, (540) 665-5651. Any subject Glcs(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.lcva.us/13OS/Mcctin�s. Sincerely, M. Tyler Kl n, AICP Senior Plal ner 107 North Kent Strect, Suite 202 • Winchester, Virginia 22601-5000 This * t certify that the attached correspondence was mailed to the following on �! ► I e e _ fi-om the Department of Planning and Development, Frederick County, Virginia: 33-A-123D R&J Land Development 1631 Redbud Road Winchester, VA 22603 33-A-125 MV Winchester, LLC 794 Center Street Herndon, VA 20170 33-A-121 Barbara Devers P.O. Box 212 Clear Brook, VA 2264 STATE OF VIRGINIA COUNTY OF FREDERICK 33-A-122 Kristen Nickerson 3599 Martinsburg Pk Clearbrook, VA 22624 33-A-124D Frederick Stronko 3656 Martinsburg Pk Clearbrook, VA 22624 33-A-114A MSD Investment, LLC 300 Westminster Canterbury Dr. 4424 Winchester, VA 22603 M. Tyler Klein nior Planner Frederick Co SLY Planning Department a Notary Public in and for the State and County aforesaid, do hereby certify that M. Tyler Klein, Planner for the Departmcnt of Planning and Development, whose name is signed to the foregoing, dated S t t I -e-e, has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this I ( day of My commission expires on L! , c A,.`,\-6� C-) mod, NOTARY PUBLIC PAMALA DEETER NOTARY PUBLIC REGISTRATION k 3544 74 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES DECEMBER 31, 2026 COUNTY of FREDERICK Department of' Planning and Development 540/ 665-5651 Tax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 20, 2022 To: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-22 FOR M.I LAND DEVELOPMENT, LLC On behalf' of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, 1-hay 4, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #02-22 of MJ Land Development, LLC submitted to rezone 1.444-acres from 133 (Industrial Transition) District to 132 (General 13usincss) District with profTers and 15.444-acres from 133 (Industrial Transition) District to I33 (Industrial Transition) District with amended proffers. 'file properties are located northwest corner at intersection of Martinsburg Pike (Route 11) and Jeffs Way, and arc identified by Property Identification Numbers 33-A-122A, 33-A-123, 33-A-123C, 33- A-123D and 33-A-123E in the Stonewall Magisterial District. Citizens wishing to make public continent on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeling. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at wWW.1cva.us/PCMcctin9s (Click on eConlment for the May 4, 2022, meeting). Email to County staff at kyaccllio(ll)fcVa.Us or sconncr(a)fcva.us Mail to Planning Department — May 4, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above itcm(s) may be addressed to the Department of Planning and Development between the hours of 5:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other iteni(s) to be adopted are available at the Office of Planning and Development or at: �� ww.fcva.us/PCl\icctines. Sincerely, '121V. �l M. Tyler K cin, AICP Senior Planner 107 North Kent Strect, Suitc 202 9 Winchester, Virginia 22601-5000 1 Thi, is to certify that the attached correspondence was mailed to the following on U o? (-) / --�) '�2 fi-om the Department of Planning and Development, Frederick Co mty, Virginia: 33-A-125 33-A-114A MSD Investment, LLC 300 Westminster Canterbury Dr. 4424 Winchester, VA 22603 33-A-121 Barbara Devers P.O. Box 212 Clear Brook, VA 2264 33-A-123D R&J Land Development 1631 Redbud Road Winchester, VA 22603 33-A-122 Kristen Nickerson 3599 Martinsburg Pk Winchester, VA 22603 33-A-124D Frederick Stronko 3656 Martinsburg Pk Winchester, VA 22603 STATE OF VIRGINIA COUNTY OF FREDERICK MV Winchester, LLC 794 Center Street Herndon, VA 20170 Z� M. Tyler ffcin, Senior Planner Frederick County Planning Department I, LO . sL"I , a Notaiy Public in and for the State and County aforesaid, do hereby certify that M. Tyler Klein, Planner for the epartment of Planning and Development, whose nanne is signed to the foregoing, dated U a � , has personally appeared before nne and acknowledged the same in my State and County aforesaid. 1 Given under my hand this �' My comnnission expires on day of 5 NOTARY PUBLIC "— P77XP ER IC REGISTFi64474 COMMONWVIRGINIA MYCOMMISSION MB,26 ES I FREDERICK COUNTY DEPARTMENT OF PLANNING AND llEVELOPMENT MAP REQUEST DATE RECEIVED: 04/08/22 REQUESTED COMPLETION DATE: 04/20/22 REQUESTING AGENT: Pam STAFF MEMBER: Tyler TYPE OF MAP: Comp Plan Transportation _ Locator ✓ TDR Ag & Forest District CIP Other ✓ PIN: 33-A-122A DESCRIPTION OF REQUEST: PINS 33-A-122A, 123, 123C, 123D and 123E . Rezoning 1E02-22 R&J Land Development, LLC Thank You! Submit IV 0 3 3,A - t �(d A, ADJOINING PROPERTY OWNERS Owners of propem- adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County .4dministrative Building. 107 North Kent Street. Name and Propert- Identification Number t Pro Name Kristen Nickerson Propem = 33 A 122 Name Frederick Stronko Propem, - 33 A 124D Name MV Winchester. LLC Propem = 33 A 125 Name Q� R(3,hfLA DV_"teS Propem = Name tA5 D ►N Vat-l" ff u C Propem, = 3 3 Name Propem = Name Propem = \ame Propem = 7t .C'k v-ef;' :address drtZfi 3599 Martinsburg Pike W 1nchester, VA-22603-- 3656 Martinsburg Pike V/inchester, VA-22643-- 794 Center Street Herdon, VA 20170 f O sz,X 2 12- C'LEV1eS�e, vfs 7ZC.Zy 306P (01tir1Z'(3-- DF qZ `l VA 2Z6L3 16 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Conunissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Sheet. Name and Property Identification Number Address Nan,e RU Land Development 1631 Redbud Rd Property # 33 A 123D Winchester, VA 22603 Nan,e Kristen Nickerson 3599 Martinsburg Pike Property # 33 A 122 iV /inchester, V7� 226Q3 Name Frederick Stronko 3656 Martinsburg Pike Property#33 A 124D Vt/Trl-Ch�Ster, VA-22603 Name MV Winchester, LLC 794 Center Street Property # 33 A 125 Herdon, VA 20170 Name Barbara Devers PO Box 212 Property # 33-A-114A Clearbrook, VA 22624 NameMSD Investments, LLC 300 Westminster Canterbury Dr. Property # 33-A-114A #424 Winchester, VA 22603 Name Property # Name Property # Namc Property # 16 14 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameRU Land Development 1631 Redbud Rd Winchester, Va 22603 Property #33-A-123D NarncKristen Nickerson 3599 Martinsburg Pk Clearbrook, VA 22624 Property #33-A-122 NameFrederick Stronko 3656 Martinsburg Pk Clearbrook, VA 22624 Property #33-A-124D NameMV Winchester LLC 794 Center Street Herdon, VA 20170 Property 1r33-A-125 NameBarbara Devers P.O. Box 212 Clearbrook, VA 22624 Property #33-A-121 NameMSD Investments LLC 300 Westminster Cantergury Dr #424 Winchester,VA 22603 Property #33-A-114A Name Property # Name Property # Name Property # 16 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 20, 2022 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-22 FOR R&J LAND DEVELOPMENT, LLC On behalf of the Frederick County Planning Commission, you arc hereby notified of a public hearing being held on Wednesday, May 4, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchcstcr, Virginia to consider the following app]icat lon: Rezoning #02-22 of R&J Land Development, LLC submitted to rezone 1.444-acres from B3 (Industrial Transition) District to B2 (Genera] Business) District with proffers and 15.444-acres from 133 (Industrial Transition) District to 133 (Industrial "Transition) District with amended proffers. The properties are located northwest corner at intersection of Martinsburg Pike (Route II) and Jeff's Way, and are identified by Property Identification Numbers 33-A-122A, 33-A-123, 33-A-123C, 33- A-123D and 33-A-123E in the Stonewall Magisterial District. Citizens wishing to make public comment on a public hearing item are strongly encouraged to (10 so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at wNvw.fcva.us/PCMectings (Click on eComment for the May 4, 2022, meeting). Email to County staff at kvacchio((0cva.us or sconncr(u)icva.us Mail to Planning Department — May 4, Public Hearing Comments, 107 N. Kcnt St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 5:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject filcs(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: w\vw.fcva.us/PCMectintls. Sincerely, M. Tyler Klein, AICP Senior Planner 107 North Kent Street, Suite 202 o Winchcstcr, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 RECEIVED FREDERiCK CCOUNTY PLANNING AND DEVELOPMENT 33-A-124D Frederick Stronko 3656 Martinsburg Pk Winchester, VA 22603 RCC l f i. N'i 1t .ANN 140 V A Z20 Hasler 20 APR 2022 PIM 3 L 04/20/2022 Me rjm EE `:*3iG-� bQX k1 V FIRST-CLASS MAIL $00. 532 ZIP 22601 011D11646815 bu 4 V T S -� n -� R- a n n to n I -•� -s ! -6 16 R1+�uel=t sr..E.ET St 2268 !;8J@A ►ga *1317-02621-20_3R ii.....iiiiiii Its .1............. . i 1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING April 20, 2022 TO: THE APPLICANT(S) AND/Olt ADJOINING PROPERTY OWNI R(S) RC: REZONING APPLICATION 02-22 FOR R&I LAND DEVELOPMENT, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, Nlay 4, 2022, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North I(ent Street, Winchester, Virginia to consider the following application: Rezoning #02-22 of R&J Land Development, LLC submitted to rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444-acres from 133 (Industrial Transition) District to 133 (Industrial Transition) District with amended proffers. The properties arc located northwest corner at intersection of' Martinsburg Pike (Route 11) and Jeff's Way, and are identified by Property Identification Numbers 33-A-122A, 33-A-123, 33-A-123C, 33- A-123D and 33-A-123E in the Stonewall Magisterial District. Citizens wishing to make public comment on a public hearing item arc strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.(cva.us/PCMectings (Click on eComment for the May 4, 2022, meeting). Email to County staff at kvacchioC)fcva.us or sconner(u)fcva.us Mail to Planning Department — May 4, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 5:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject filcs(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMectines. Sincerely, // M. Tyler I( ein, AICP Senior Planner 107 North I(cnt Street, Suite 202 o Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 33-A-122 Kristen Nickerson 3599 Martinsburg Pk Winchester, VA 22603 c C f % i. /A I 1 •. IA N1 N 20 API? 2022 PM 3 L Hasler 04/20/2022 C= :11 �•� Sri-,:■ VA a wrra net 'r�:4:^RI? RNQ SUCH ST-RcET.. FIRST-CLASS MAIL $00.532 ZIP 22601 011D11646815 t IIt1111%Ii%%11111 fit111I t111111i 111111111111111%1%111IIIf- 1 i 11 11 14111 ili 10 I oil 1 1 1 1111 11 1 If- REZONING APPLICATION #02-22 R&J LAND DEVELOPMENT Staff Report for the Board ol' Supervisors Prepared: May 10, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 05/04/2022 Recommended Approval Board of Supervisors: 05/25/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 05/25/22 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.444 acres fi-om B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444 acres from B3 (In(Iustrial Transition) District to B3 (lndllstrial Transition) District Nvith amended prolTers. This rezoning application modifies approved land uses associated with Rezoning Application (RCZ) #O 1-06. The intcndcd use of the proposed B2 zoned parcel is a general merchandise store (Dollar General). This site is located within the Sc\ver and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the Comprehensive Plan. The Comprehensive Plan envisions this area of the County as "business;'' the proposed B2 (General Business) District is consistent with the future land use plan. %'ollowinu the re(ndred 12itblic healinga decision l'Cgl!I'ding this rezon in,fl(212 ication bi, the Board o Srrpervisors would be aggropriate The Ahplicant should be prwgared to ade(Jaately address aJ! concerns raised bh the Board oI'FSt(j2er)'i,1or.y. Rezoning n02-22 RSCJ Land Development May 10, 2022 Pagc 2 This report is prepared by the Frederick County Planning Staffto to provide in formation to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It Inah also he useful to Others interested in this zoning matter. Unresolved issues concerning this application are noted 11, Staff'where relevant thrOnghont this Staff report. PROPOSAL: To rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444- acres fi-om B3 (Industrial Transition) District to B3 (Industrial Transition) District with amended proffers. This rezoning application modifies approved land uses associated with Rezoning Application (RCZ) 1101-06. LOCATION: The properties are located northwest corner at intersection of Martinsburg Pike (Route 1 1) and Jeffs Way. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D and 33-A-123C PROPERTY ZONING: B3 (Industrial Transition) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) Cast: RA (Rural Arcas) Use: Residential Use: Residential Use: Residential/Agricultural West: Interstate 81 Use: Interstate Rezoning #02-22 MJ Land Development May 10, 2022 Pa<-e 3 REVIEW EVALUATIONS: PlaI nin1 & ZOI iny: 1) Site History The original Frederick County zoning map (U.S.G.S. Inwood Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. Rezoning Application 1101-06 (approved March 22, 2006) rezoned the subject properties to B3 (Industrial Transition) District. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence; the Plan is a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I of the Compi-chensive Plan are the primary implementation tools and will be lllStrUinental to the fL1tl11'e planning efforts of the County. Comprehensive Plan Lancl Use Compatihilih) The Northeast Frederick Land Use Plan of the Comprehensive Plan provides guidance on the filture development of the property. The Plan identifies these properties with a "business" land use designation; the property is also within the limits of the Sewer and Water Service Area (SWSA). The existing B3 (hldustrial Transition) zoning is geleralli, consistent with the goals of the Comprehensive Plan. The proposed B2 (General Business) zoning on 1.444-acres is also consistent with the goals of the Plan. The intent of the B2 District is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. 3) Access S Transportation The site will have commercial access from JcfPS Way, as required by approved REZ #01-06 proffers. The traffic study included with application shows that the proposed general merchandise store (Dollar General) does not negatively impact traffic operations (it the Rezoning #02-22 RSLI Land Development May 10, 2022 Pai-,c 4 intersection of Route 11 and Jgff s Gh(y. 4) Potential Impacts & Proffers The rezoning proposes only a change ill the land use Of 1.444-acres to the B2 (General Business) District. All the other proffers, iliClllClillg site access, associated with the original REZ #01-06 remain unchanged. Virgyinia Dept. of Transportation: Please see allached lellerfrom I/1907' dated Allar'ch 16, 2022 adch'essed.Ji'om Bradley S. Rigglenuur, P.E. Frederick Water: Please crltacheCI letter from Eric I ailyrence, L.veculiveDireclor, doled February 24, 2022. Frederick County Fire Marshall: Plan approved. Frederick County Public Works: We offer no additional comments at this time. County of Frederick Attorney: Please see allached leller -om Roderick B. ld"illiams, County Attorney dated April 1, 2022. PLANNING COMMISSION SUI\y1MARY AND ACTION FROM THE 05/04/22 MEETING: The Planning Commission held a pllbhC hcaring on May 4, 2022. The Planning Commission asked for confirmation by the Applicant that the only access to the site WOUld be from Jeffs Way and there NVOuld be no new access from Martinsburg Pike (Route 11), which was confirmed. There were no public Comments. The Planning Commission unaniII1OLISly rccoll mendcd approval of the rezoning application. Following the r•eauir•ed r2ub/ic hearing a decision regarding this rezoning al2plicatiorr bi, the Board' SuVervicor c iiyould be allrnvr•iate The Agglicarrt should be 12rcpnred to adequate/, address a// concerns raised bV the Board (rf'Srjj)er visors. 1 REZ # 02 - 22: R and J Land Development, LLC PINS: 33 - A - 122A, 33 - A - 123, 33 - A - 123C, 33 - A - 123D, 33 - A - 123E Rezoning from B3 to B2 and B3 to B3 Zoning Map 41 ft © REI R0.22 QI•�© r REI ifi0 -22 J� �FFS REI #02-22 { ` REZ #02-22 r + ZMead Q Application Parcels Sewer and Water Service Area B2 (General Business District) B3 (Industrial Transition District) M1 (Light Industrial District) 0 1' O' C IN;r, Nrr �t 'f(L6e6CEIOWN RD a N S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 600 Feet Mnn Crpnted Anril 19 9099 REZ # 02 - 22: R and J Land Development, LLC PINS: 33 - A - 122A, 33 - A - 123, 33 - A - 123C, 33 - A - 123D, 33 - A - 123E Rezoning from B3 to B2 and B3 to B3 Long Range Land Use Map 4 "JEftElill LN � / � � 370EMAh SJURG LIKE � � REZ #02-22 ! ffinm I I I i .i Application Parcels Sewer and Water Service Area Long Range Land Use Q Business w Industrial .7. Rural Community Center REZ #02-22 i / fr9L ago REZ#02-22 JEFFS Wq Y REZ #02-22 €exam REZ #02-22 / 094 M SS99 MARTINSBURG 11KE 0 150 tau 9 N WE S Fredenck County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 600 Feet Mon C:rente.d Anril 19 9099 r- To he completed by Planning Sta.7i. Zoning Amendment � ber Date Received _ `� � Z z Fee Amount Paid d i : Z' G.) �j,J , o" Anticipated PC Nearing Date _ Anticipated BOS Hearing Date REZONING APPLICATION FREIDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: R&J Land Development, LLC Specific Contact Person if Other than Above: Address: 1631 Redbud Road, Winchester, VA 22603 Telephone: 540.974.6768 Name: Jeff Jenkins Specific Contact Person if Other than Above: Address: Telephone: Email: Jeff@pinel<nollconstruction.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: JMB Investment Company, LLC Specific Contact Person if Other than Above: Remon Farhat Address: 325 Erin Drive Knoxville, TN 37919 Telephone: 865.200.4770 Email: remon@schaadbrown.com 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Stowe Engineering, PLC Specific Contact Person at Firm: Tim Stowe Address: 103 Heath Court, Winchester, VA 22602 Telephone: 540.686.7373 Email: timstowe@stowecompanies.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if a►ly): Dollar General store 5. Property Information: a. Property Identification Number(s): 33 A 123 b. Total acreage of the parcel(s): 2•71 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 1.444 d. Current zoning designation(s) and acreage(s) in each designation: 2.71 ac @ B3 e. Proposed zoning designation(s) and acreage(s) in each designation: 1.444 ac @ B2, 1.27 ac @ B3 f. Magisterial District(s): Stonewall g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): northwest corner at intersection of Route 11 and Jeff s Way h. Adjoining Properties: Parcel ID Number 33 A 123D 33 A 122 33 A 124D 33 A 125 Use undeveloped residential residential residential Please attach additional page(s) if necessary. Zonin 63 RA RA RA Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 7. 5igantore(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Sui;ei visors to amend the zoning ordinance to chnnpe the, 7nnina man of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Owner: If signing on Date a� " itity and your title: Date ,6,_L f of an entity, please state narne of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. 1 (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): .,� Date 2-�' - Z Z— If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, Please use additional copies of this page. Page IS ---------------- ------ ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Conunissioner of the Revenue is located on the 2nd floor of the Frederick Countj) Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name R&J Land Development 1631 Redbud Rd Winchester, VA 22603 Property n 33 A 123D Name Kristen Nickerson 3599 Martinsburg Pike Winchester, VA 22603 Property # 33 A 122 Name Frederick Stronko 3656 Martinsburg Pike Winchester, VA 22603 Property # 33 A 124D Name MV Winchester, LLC 794 Center Street Herdon, VA 20170 Property # 33 A 125 Name Barbara Devers PO Box 212 Clearbrook, VA 22624 Property # 33-A-114A Nan,e MSD Investments, LLC 300 Westminster Canterbury Dr. #424 Winchester, VA 22603 Property t# 33-A-114A Name Property # Name Property It Name Property # 16 PROFFER STA.TEIIQENT REZONING: RZ It 02-22 PROPERTY: 16.886 acres Parcels 33-(A)-122A, 123, 123C, 123D, and 123E RECORD OWNERS: R&I Land Development, LLC PROJECT NAME: Clearbrook Business Center ORIGINAL DATE OF PROFFERS: March 2, 2006 REVISION DATES: April 8, 2022 MAGISTERIAL DISTRICT: Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby offers the following proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve this Rezoning Application 1101-06 for the rezoning of 15.444-acres from Industrial Transition District (B-3) to Industrial Transition District (B-3) with proffers, and 1.444-acres from Industrial Transition District (B-3) to General Business District (B-2) with proffers, and development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such are approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development. LLC from Linda J. Vorous as recorded in the Frederick County Circuit Court Cleric's Office as instrument 050002818 dated February 9, 2005, and from Junior L. Domer as recorded in the Fredericks County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. References herein to "the property" or "this property" are to the 16.89+/- acres comprised of parcels 33-(A)-122A, 33-(A)-123, 33-(A)-123C, 33-(A)-123D, and 33-(A)-123E. Proffers. A. On -Site and Off -Site Improvements 1. Transportation Page I a. Access Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. This entrance will provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Additional Lane The owner hereby proffers to construct a 12' lane onto Route 11 along the site road frontage. This 550' long lane will be built to VDOT requirements. This will be built prior to applying for and obtaining any building permits. [Obligation has previously been satisfied]. Interparcel connections The owner hereby proffers one interparcel connection along the northern boundary and one interparcel connection along the southern boundary. These roads and connections will be constructed to VDOT requirements and shown on the Master Development Plan. d. Signalization The owner hereby proffers to contribute a prorated share to the cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT), The agency will also determine when this improvement will be warranted. The owner shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT. The owner also proffers an additional $2,500.00 with the prorated amount to be applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also determine when this improvement will be warranted. [Obligation has previously been satisfied] Right of Way Dedication The owner hereby proffers to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) right of way. The dedication will take place prior- to site plan approval. [Obligation has previously been satisfied]. 2. Monetary Contributions — Fire & Rescue a. In recognition of the increased demand on public services, the owner hereby offers the following cash contributions to be paid at the time of building permits. The term "building square foot" shall be the combined floor area for each story. The owner hereby voluntarily proffers a cash contribution to the Frederick County Fire and Rescue Department $0.10 per building square foot. Page 2 3. The owner hereby voluntarily prohibits the following uses a. SIC 5541 - "Gasoline Service Stations" i. Automotive service stations - retail ii. Filling Stations, gasoline - retail iii. Gasoline and Oil -retail iv. Marine service stations - retail v. Service Station, gasoline - retail vi. Truck stops - retail b. SIC 4231 - "Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation" c. SIC 4741 - "Rental of Railroad cars" d. SIC 5231 - "Paint, Glass, and Wallpaper Stores" e. SIC 5271 - "Mobile Home Dealers" f. SIC 79 - "Amusement and recreational services operated indoors" 4. The owner hereby proffers to limit the total building square footage for SIC 42 -Motor Freight Transportation and Warehousing" and SIC 47 - "transportation Services" to a combined total of 20,000 square feet or less. S. The owner hereby proffers to limit the total building square footage for SIC 52 -"Building Materials, Hardware, Garden Supply, Mobile Home Dealers, and Retail Nurseries" to a combined total of 20,000 square feet or less. 6. The owner hereby voluntarily prohibits the combined building floor area not to exceed 128,000 square feet on this site. The owner further proffers that a "restaurant use" as defined by SIC 581shall not exceed 8,000 square feet of the 128,000 square feet of the building combined floor area. 7. The owner hereby proffers a "Full Screen" buffer as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreen trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. 8. The owner hereby proffers the following corridor enhancements along the frontage of Route 11, Martinsburg Pike: a. The owner will construct a split rail fence along the road frontage. [Obligation has previously been satisfied]. b. The owner will not allow any parking lots to be constructed between the buildings and Route 11. This applies only to the buildings nearest to Route 11 and not inside the park. c, The owner may erect a single monument style sign with the park's name and list of businesses operating on the property. The owner will not install any signs between the buildings and Route 11 other than this one monument sign. Page 3 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. OWNER SIGNATURES ON FOLLOWING PAGES Page 4 Respectfully submitted, R & J J.A D DEVELOPMENT, LLC, ,`a,, • !"""' •►,p�� r , ` v < By- . f�4. Jenkins Its: Managing member C VILE WEALT S"PATE F C / r _>� �_�`� ) �a p 4''�q�.- 'OUNTY CITY O q �� <±� •F,....• ',gip 4l t wit: ► oo00��11•�0�,. The foregoing Proffer Statement was acknowledged before me this day of 2022, by Jeffery G. Jenkins, Managing Member of R & J Land Development, LLC. Notary u 01c�� My Commission Expires: _ Jl`75 Notary Registration t� _��_ L R & J D DEVELOPMEN LLC By: Rosanna . Jeri ms Its: Managing niembcr C WEALTH/ T TE F ) COUNTY 'ITY OF to -wit. KELLI J. RICHARD i NOTARY PUBLIC *3Mif REGISTRATION #702114? + COMMONWEALTH OF VIRGINIA ! T e foregoing Proffer Statement was acknowledged before me this _LL day of 2022, by Rosanna M. Jenkins, Managing Member of R & J Land Development, LLC. Notary Public My Commission Expires: I - Notary Registration # i` ��,^••• . ..��o.<< Page 5 KELLI J. RICHARD NOTARY PUBLIC i REGISTRATION # 7n211.4; {��'i COMMONWEALTH OF VIRGINI,' 2(20 )p3 F213 yoAPIVP// 1�t 6�� ad CPoa� h, Rt 617, SITE G QUARRY EXIT 321 QUARRY FINAL PLAT OF MINOR SUBDIVISION ON THE LANDS OF R & J LAND DEVELOPMENT, LLC STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 4, 2022 OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SL APPEARS ON THE ACCOMPANYIX PLA UNOERSIG}IED OWNERS, PR IETOX S VISION SURVEY OF THE LAND WITH THE CONSENT OFA IN AND TRUSTEES, IFANY. �6 VICINITY MAP 1 " = 2000' J LAND DEVELOPMENT, LLC, AS ?DANCE WITH THE DESIRES OF THE MANAGER COMMONWEALTH OF VIRGINIA CIT i OUNT YD F b !L TO WIT: THE FOREGOING OWNER'S CERTIFICATE !VA NOWLEDGED BEFORE ME THIS J,; DAY OF '- �� 2022 PRINTED NAME 0 0WVER tti1i9!1157i1/�/ PR N KELLI J. RICHARf SIG ATURE NOTARY PUBLIC ',:� NOTARY PUBLIC ",TPATION # 7021 142 r r AITH OF VIRGINIA MYCOMAIISSION EXPIRES��_r SEAL ��a„cly� ��o�►` exec SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY THE PARCELS CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY ARE THE LANDS CONVEYED TO R & J LAND DEVELOPMENT, LLC, BY DEED DATED JULY 14, 2005 AS INSTRUMENT 050017342 AND 8Y DEED DATED FEBRUARY 9, 2005, AS INSTRUMENT 050002818 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE. r3z` - Y Rl OATES, LAND SURVEYOR APPROVALS A n 33-(A)-123D R & 1 LAND DEVELOPMENT, LLC #030022368 ZONED: B-3 8.615 ACRES 50' R. 0. W. - THE COUNTY OF FREDERICK WES L UKE DRIVE 33-(A)-123C R & I LAND DEV, LLC #030022368 ZONED: B-3 1.037 ACRES 33-(A)-122A R & I LAND DEVELOPMENT LLC #050002818 ZONED: B-3 USE: AGR. 3.116 ACRES LEGEND AGR. = AGRICULTURE RES. = RESIDENTIAL R. 0. W. = RIGHT OF 141AY O = PROPERTY CORNER FOUND © = 5/8"X24" IRON ROD SET ROUTE 11 - MARTINSBURG PIKE 90' R. 0. W. 100, D' 100' GRAPHIC SCALE S 27058'56" W - 167,15' � 35'BRL 33-(A)-123E R & I LAND DEVELOPMENT, LLC #030022368 ZONED: B-3 - `D 1.262 ACRES � I � I � Im �I I" �I Z�:I I I a — 15' BRL "' o N 27°5 "56" E - 207.70' 15'BRL I I sQ� 33-(A)-123 R & I LAND DEVELOPMENT, LLC #030022368 0 J ZONED: B-3 I 1.444 ACRES �+ Ic< ml I� �I I I 50'BRL 33-(A)-125 MV WINCHESTER, LLC #160012578 ZONED: RA USE: AGR. t14.5 ACRES O C 1 O '/q "IRF f750' TO RT 671 • CEDAR HILL RD. 7 RADIUS ARC DELTA BEARING CHORD DIRECTION C-1 11509.16 199,37' 00°5933" S 28°40'15" W 199,36' C-CW C-2 25.00' 39.19' 89048'28" S 7300442" W 35.30' C-CW C-3 25.00' 39.27' 90000,00" N 17001'04" W 35.36' C-CW NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC IN FEBRUARY 2022. 2. THE BASIS OF MERIDIAN IS BASED UPON SURVEY RECORDED AT DEED BOOK 567 ON PAGE 557. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PL.T .,*^r , ^ ^ — AI-r nkl IAIrrurAI ni nccc nOnVTddTTV Tn TWJ= R/111Aln,1,9V l TNFC VIKGINIA: FREDERICK COLNTUCT. This instrument of writing was produced to me on S- aaS 202D at I I and with certificate acknowledgement thereto annexed was admitted to rccord. "fax imposed by Sec. 58.1-802 of $ n I , and 58.1-801 have been paid, if assessablE- , Clerk IMPACT ANALYSIS STATEMENT R&J Land Development - Dollar General Introduction This project involves constructing 12,480 square foot variety store on 1.444 acres in Clear Brook, Frederick County, VA. The project is west of Route 11, east of 1-81, and south of Cedar Hill Rd (Route 671). Access to the site will be from Jeff's Way. Figure 1 shows the location of the project. The parent parcel of which the proposed B2 area is a part, was rezoned to B-3 in 2006 with rezoning RZ# 01-06. To create the proposed B-2 zoned area, the proffers for rezoning RZ# 01-06 are revised to maintain originally proffered conditions and account for proffers floor areas. Figure 1 Project location map The rezoning site is currently vacant and undeveloped. The site is bounded by Route it to the east, undeveloped land, and 1-81 to the west. To the north is more undeveloped land with sparse residential units, and to the south is the Pine Knoll Construction office. 1 Site Suitahlllty 100 Year Flood Plains — The site is outside of the 100-year flood plain as can be seen in the FEMA flood hazard mapping shown in Figure 2. National Flood Hazard Layer FIRMette F:FMA ,14 • 1� '• F� W.' w Ftedcttck Cotuitt AREA OF MINIMAL F O RD �10063 <<� r' r _ t • �t t Project Locatio Im Foal � .r nnn 0 250 500 1.000 1 500 2.000 V vvV Bas.mao USGS National Mao Ortho-O*/v Data n/nsh.d Octobw 2020 Figure 2 Floodplain Map Wetlands — A desktop review of the US Fish and Wildlife Service's National Wetland Inventory mapping shows there are no known wetlands on the site. See Figure 3 2 U S. Ft h and Wildlife Service National Wetlands Inventory R&J Land Development Rezoning Fetxuary5 2022 _ Ew. or. �now� on !w nW N ArW� nYwA d� Joif Wetlands F reshwater E merpent Wetland . lake a�..a�woo..r...n rr. rw�n+r.+r ■n.m <�e. •_ w.r.a urr+� ..c .�. . Estuarne and Marne Deepwater . Freshwater FOreste I/Shrub Wetland ! Other n Estuarne and Marne Welland F reshwater Pond . Rrvenne Figure 3 National Wetland Inventory Map Steep Slopes — Based on field observations and 5 ft contour mapping provided by the Frederick County GIS, the site has been found to be generally flat, without any steep slopes. Mature Woodlands — There are no areas of mature woodlands on the site. Prime Agricultural Soils — Based on data from the USDA Web Soil Survey, all areas of the site with soils type Oaklet Silt Loam, 32B, are prime farmland. See Figure 4. 3 t i i i 3 4 4 p Z L •t yqm" M,lMw !m�,mYi na3M l�aa Vm:o+11,.IbY 9 Figure 4 USDA Soils Map Soil or Bedrock Conditions which would create Construction Difficulties or Hazards —A review of the USDA Web Soil Survey indicates that the depth restrictive features are over 80 inches. Site excavations are not expected to go that deep. Surrounding Properties The proposed rezoning area is a portion of a larger parcel that is zoned B3. Residual B3 land will surround the rezoned parcel on the west and south. Also, to the west is 1-81. To the south, east and north are rural lot residential properties that are zoned RA. Traffic Stowe Engineering has prepared a Traffic Impact Study for the project. The study shows that the proposed Dollar General store does not negatively impact traffic operations at the intersection of Route 11 and Jeff's Way. The intersection movements continue to operate at a level of Service of "A" or "B" in the AM and PM peak hours through the Design Year 2029. 4 Sewage Conveyance and Treatment Wastewater from the site will be collected and pumped through the existing Frederick Water force mains on the site and gravity mains elsewhere. The wastewater will be treated at the Opequon wastewater treatment plant, which has a capacity of 12.6 million gallons a day. Water SLIPUIV Frederick Water will provide water service to the project. An existing 8" water main is in place at the front of the site. Frederick Water is constructing a new water plant a short distance away that will be rated at 8 million gallons a day. Drainage Drainage from the site flows to the northeast to Turkey Run. Post -development drainage from the site will be routed through stormwater management facilities to control the quantity and quality of stormwater leaving the site. Solid Waste Disposal Facilities Collection of solid waste will occur through on -site dumpsters and private haulers. The Civil Engineering Reference Manual, 41" edition, uses a solid waste generation rate of 5.4 cubic yards per 1,000 square feet of floor area. Applying this rate, 12,480 sf store will generate 67 cubic yards of solid waste per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Site and Structures A review of the online Virginia Dept. of Historic Resources records did not show any historic architectural or archeological sites in the proposed development area. One site was observed on the adjacent property to the south of the site and another on the adjacent property to the north of the site. Site 034-0930. A review of the VA Department of Historic Resources records showed the existing structure on the property to the north as being historic. The home was identified as the Edward Joliffe house. The home was built in the 1850 Antebellum Period as a single-family dwelling. Figure 7 shows the location of the home. Site 034-0931. The VA Department of Historic Resources records also showed the existing structure on the property to the south as being historic. The home was identified as the Dr. Cochran house. The home was built in the 1905 as a single-family dwelling. Figure 7 shows the location of the home. A vegetative screening will be used to protect the viewshed of the site from the visual impacts of the proposed development. Figure S VA Department of Historic Resources Map Impact on Community Facilities Educational Facilities — This project will not add children to the school system. Emergency Services — Police protection will be provided by the Frederick County Sheriff Department. The property is in the first response area for the Clear Brook Fire and Rescue station. Therefore, response times from the station to the site are reasonable. Parks and Recreation — This project will not add to the population of Frederick County and, therefore, will not increase the demand for Parks and Recreational services. Solid Waste — As previously stated, the site will generate 67 cubic yards of waste per year. Waste will be collected in private bins and transported by private haulers to the Frederick County land fill. A F F Virginia Department of Transportation DATE: March 16, 2022 TO: Tim Stowe, P.E., Stowe Engineering FROM: Bradley S. Riggleman, P.E., Area Land Use Engineer RE: Rezoning Comments — R&J Land Development Mr. Stowe, _; . LAND USE MEMORANDUM This office received an application on February 15, 2022 for a proposed 1.444-acre rezoning for a portion of TM 33 A 123 from B3 to B2 w/conditions for R&J Land Development. This property is located at the corner of US Rt.11 and Jeff's Way, in northern Frederick County. A rezoning application (signed 2/7/2022), impact analysis statement (dated 2/5/22), Traffic Impact Analysis (dated 2/9/22), and proffer letter (dated 2/9/22) are the subject of this review. Comments are as follows: Impact and Traffic Analysis • The Impact and Traffic Analysis appear to be complete and acceptable from a transportation perspective. Rezoning Application • The proposed change from B3 to B2 w/conditions should not have a significant impact the roadway network. The proffer statement prohibits the use of quick -service restaurant with drive-thru lanes and gas/fueling station, with or without a convenience store, which are high traffic generators. Given these restrictive proffers, there would be minimum change to the traffic generation potential compared to the existing zoning. General Comments: • Access to this site will need to be designed in accordance to the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards & Specifications, the Virginia Work Area Protection Manual, and all other applicable manuals, regulations, and standards. Site access will be evaluated during site plan review. VDOT appreciates the opportunity to provide input on this potential rezoning. Please feel free to contact me at 540-534-3223 if you have any questions or concerns. Residency Cc: John Bishop, Frederick County, Assistant Director, Transportation Tyler Klein, Frederick County, Senior Planner File From: John Bishon To: Tim Stowe Subject: R&J Land Development Rezoning Date: Thursday, March 24, 2022 12:41:52 PM Tim, Thank you for the opportunity to continent on the R&J land development rezoning package. At this time I do not have anything to add to VDOT's comment, which was submitted on March 16, 2022. Should conditions change through the rezoning process or new information come too light, 1 reserve the right to update this comment. thank you John John Bishop Assistant Director -Transportation Frederick County Planning and Development Rezoning Continents Frederick Water Mail to: Hand deliver to: Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Stowe Engineering, PLC - Tim Stowe Mailing Address: 103 Heath Court Winchester, VA 22602 Telephone: 540.686.7373 Location of property: across from Pine Knoll Construction @ 115 Mrs Way, Clear Brook Current zoning: 83 Zoning requested: B2 Acreage: 1.444 Frederick Water Comments: SEf- li6rrC-h Dn-r?;0 2�Z�1/�Z,z?— Frederick Water Signature &Date: Notice to Frederick Water - Please Return This Form to the Applicant 26 315 Tasker Road Stephens City, Virginia 22655 February 24, 2022 Tim Stowe Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 FREDERICK WATER PH (540) 868-1061 Fax (540) 868-1429 www.FrederickWater.com RE: Rezoning Application Comment R&J Development, LLC - Dollar General Store Tax Map Numbers: 33-A-123 1.444 acres Dear Mr. Stowe: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the R&J Land Development (Dollar General Store) commercial rezoning application package, dated February 7, 2022, and received at Frederick Water on February 18, 2022. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. The project parcel is located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water's water and sewer services are available. The application's Impact Statement is silent on the projected quantities of water and sewer generation from the proposed land use, but the zoning districts (existing B3 and proposed 133) suggest demands will be similar to potential demands under the existing land use permitted by the underlying zoning. It is noted that neither the potential square footage nor the water and sewer demand projections are included in a proffer statement, so actual water and sewer demands could vary significantly based upon ultimate land use. Water service is available via existing 6- and 12-inch water mains located on properties south of the site. The applicant will need to obtain easements. Adequate drinking water supply presently exists. Water At Your Service Page 2 R&J Development LLC commercial rezoning application Tim Stowe February 24, 2022 A Frederick Water sanitary sewer forcemain exists on the property to the south, which serves the existing building on Jeffs Way. The applicant will need to obtain easements. This forcemain contributes to a forcemain that ultimately flows to the Opequon Water Reclamation Facility (OWRF). Treatment capacity does presently exist at the OWRF. Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of a proffered proposed use and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. Additional upgrades to the sanitary sewer system may be necessary for the project to connect and contribute to the system once the site's sanitary sewer generations are known. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerely, imm Eric R. Lawrence Executive Director Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept, 1080 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1080 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Stowe Engineering, PLC - Tim Stowe Mailing Address: 103 Heath Court Winchester, VA 22602 Telephone: 540.686.7373 Location of property: across from Pine Knoll Construction @ 115 Jeffs Way, Clear Brook Current zoning: 133 Zoning requested: B2 Acreage: 1.444 Fire Marshal's Comments: C— Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant { 23 I I; ' ZI1?l RESGJ Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone:540-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Owner R&J Land Development, LLC Dollar General Jeffs Way Clear Brook, Virginia 22624 Engineering Firm : Stowe Engineering To—) Kl •. Received Date: 02/14/2022 Review Begin Date: 02/16/2022 Review End Date: 02/16/2022 Hours: 1.0000 Status: Approved with Conditions Occupancy Type: Property Use: Activity Number: Review Cause: Printed Date: 02/16/2022 1021071 New Construction -121 W1 Project Name � � _Dollar General Comments: The facility as outlined in the application would require an automatic sprinkler system and associated water supply. Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 Rezoning Comments f�retir;ncl. (;uunip 'tit )III Vd(itispuctio Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer { statement, impact analysis, and any other pertinent information. Applicant's Natne: Stowe Engineering, PLC - Tim Stowe Telephone: 540.686.7373 Mailing Address: 103 Heath Court Location of property: across from Pine Knoll Construction @ 115 Jeffs Way, Clear Brook Current zoning: 83 Zoning requested: B2 Acreage: 1.444 Department of Public Works Comments: �>! o ► na a lali�6fkV7 hIeI-IPt fS a f yL�rs ��•�-c Public Works Signature & Date: 3 - 1 7 - ?, Z Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 April 1, 2022 VIA EMAIL Mr. Tim Stowe Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia&'eva.us Re: Rezoning Application — R&J Land Development/Dollar General Rezoning Tax Parcel Numbers 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D — 16.89± Acres (the "Property") Proposed Proffer Statement (the "Proffer Statement") (Amendment to Proffer Statement for Rezoning #01-06) Dear Tim: You have submitted to Frederick County for review the Proffer Statement, for the proposed rezoning of the Property, 16.89± acres in the Stonewall Magisterial District, from the B3 (Industrial Transition) District with proffers to the B3 (Industrial Transition) District with revised proffers (15.444± acres) and from the B3 (Industrial Transition) District with proffers to the B2 (General Business) District with proffers (1.444f acres), by R&J Land Development, LLC (the "Owner"). I have now reviewed the Proffer Statement and it is my 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: • The approach of treating this as an overall amendment of the proffers from Rezoning #01-06 is a good one. It does, however, constitute a new rezoning and, toward that end: o References to "amended" in the heading and in the first paragraph should be deleted. o Rezoning number references should be to whatever number is assigned to the current matter and not to 401-06. o The original date of the probers can refer to the 2006 document, but should be to March 2, 2006, the date of the actual proffers that the Board accepted. Any prior dates Mr. Tim Stowc April 1, 2022 Page 2 are ofdratts that are, at this point, lost to history, not meaningful, and only end up creating confusion. o Any previously satisfied proffer obligations may be noted with a bracketed reference after cacti: [Obligation has previously been satisfied]. I believe this may be the case for Proffers A. I .b and A. Le. o Also, while we are perhaps engaging in some clean up cxcrciscs, I believe that the use of the sub "i." level in the text may be deleted as there are no sub "ii." items (except in Proffer A.3.a.), and the text for each may simply appear yellowing the respective current heaclings. • The acreage references in the heading and in the first paragraph have an cxtraneous dash that may be deleted. • The parcel numbers are not correct; they should be 33-A-122A, 33-A-123, 33-A-123C, and 33-A-123D. • For clarity, as ail additional paragraph after the second paragraph should state to the effect: References herein to the "thc property" or "this property" are to the 16.89± acres comprised of parcels 33-A-122A, 33-A-123, 33-A-123C, and 33-A-123D. • In Proffer A. La., there is an cxtraneous "3" in the last sentence. • In Proffer A.1.b., the words "frontage" and "road" have been reversed. • In Proffcr A.I.c., "long" should be "along" in the first sentence. • In Proffcr A.I .d., "prorate" should be "prorated" in the first sentence. • In Proffer A.S., there arc two typographical errors: "Mop bile" and "20,0-00". • In Proffer A.8.c., to improve clarity from the 2006 version, "will erect" might better read "may erect" and "tenants" might better read "businesses operating on the property". I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. County Attorney cc: Department of Planning & Development cle,'- co�, Special Limited Power of Attorney x....� Lys County of �'li°ede�-icic, �Iirginin g't•ederi_ck Planning Websit-e: wwwAya.us .�r <ijt�C'r3t� Department of Planning & Development, County of Frederick, Virginia 107 North Dent Street, Winchester, Virginia 22601 Phone (540) 665-5651 i[•acsintile (540) 665-6395 Know All Men By These Presents That: R&J Land Development, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. Ifmultiple persons own the property or are applicants, an executed power of attomcy from each owner will be needed. 1631 Redbud Road, Winchester, VA 22603 540.974.6768 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: do hereby make, constitute, and appoint: Tim Stowe, Stowe Engineering, PLC Name of Attorney -In -Pact 103 Heath Court, Winchester, VA 22602 540.686.7373 Mailing Address of Attorney -in -Pact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority ) would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the following, for the above identified property: © Rezoning t"--t Subdivision Conditional Use Permit U Site flan V Master Development flan (prelim. or final) (vj Variance or Zoning Appeal and, further, any attorney -•in -fact shall have the authority to of er proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. / / Signature _ /. Title (if s' ni 6,.,1 o an entity) State of�� r ountyity of l"YCC.�C�Y�To wit: 1, , a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged'tfie'. , sQ before me in the jurisdiction aforesaid this `� day of _)FC' 0 20A -Y My Commission Expires: , Notary ublic "' "" '""" ' " Registration Number: r�r VF11I J. RICHARO — - NOTAdY PUBLIC ` 1£TR!,T:014 # 7021142 ..:t,:i✓IUNWCALTH OF VIRGINIA C E I P TH - Y E A R 2 0 2 1- 2nd H A Ticket 4:00328030002 @@ T A X R E Date 11/12/2021 FREDERICK COUNTY Register: LBX/LJTBI C. WILLIAM ORNDOFF, JR Trans. #: 25739 P.O. BOX 225 Dept # RE202102 WINCHESTER VA 22604-0225 ACCT## 8050624 2021 REAL ESTATE A Previous 123D Balance $ 2103.28 8.61 ACRES 33 .. Acres: 8..62 Principal.Beirig Paid $ 2103.28 Land: 689600 Imp: 0 Penalty $ .00 Interest $ .00 R & J LAND DEVELOPMENT LLC Amoiint.Paid $ 2103.28 1631 REDBUD RD *Balance Due of 11/12/2021 $ .00 WINCHESTER VA 22603 as Check## BOC 2218$ 2103.28 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) z L H x 2 U 2 1- 1st H A Ticket 4:00328030001 @@ FREDERICK COUNTY Date 5/06/2021 C. WILLIAM ORNDOFF, JR Register: LBX/CSDB1 P.O. BOX 225 Trans. If: 12939 Dept ## RE202101 WINCHESTER VA 226.04-0225 ACCT## 8050G24 2021 REAL ESTATE Previous 8.61 ACRES 33 A 123D Balance $ 2103.28 Acres: 8.62 Principal:.^Be;ing Paid $ 2103.28 Land: 689600 Imp: dd 0.. Penalty $ .00 Interest $ .00 R & J LAND DEVELOPMENT LLC Amount Paid $ 2103.28 1631 REDBUD RD *Balance Due WINCHESTER VA 22603 as of. 5/06/2021 $ .00 Check# BOC2175$ 2103.28 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND.INTEREST. (DUPLICATE) Traffic Impact Study Dollar General Clear Brook, Frederick County, VA February 9, 2022 w,�+e*4pO'TH 10p y AF .o + Tiaso S. STOWE � • Lic. No. 21924 �- �'�0 2/9/22 �**O;o�"IONAL ��111111�� 42 Table of Contents ...................................................................................................................................................................... 0 February5, 2022.......................................................................................................................................0 ExecutiveSummary.......................................................................................................................................3 Introduction and Background Information...................................................................................................1 ProjectLocation and Description..............................................................................................................1 Non-existent transportation Improvements............................................................................................ 2 TIAScoping................................................................................................................................................ 2 StudyArea.................................................................................................................................................2 ExistingRoadway Description...................................................................................................................3 NearbyLand Uses.....................................................................................................................................3 ComprehensivePlan.............................................................................................................................3 Zoning.................................................................................................................................................... 5 VDOTFunctional Classification................................................................................................................. 6 Multi -Modal Access..................................................................................................................................7 Future Transportation Improvements......................................................................................................7 Analysisof Existing Conditions...................................................................................................................... 8 ExistingTraffic Operations........................................................................................................................8 Intersection Level of Service Criteria............................................................................................................ 8 Assessmentof the Existing Conditions: .................................................................................................... 8 Analysis of Future Conditions Without Development (Background)..........................................................10 TrafficGrowth.........................................................................................................................................10 Assessment of Traffic Operations without the Development................................................................10 SiteTrip Generation....................................................................................................................................12 Pass -By Trips...............................................................................................................................................12 Site Traffic Distribution and Assignment....................................................................................................12 Analysis of Future Conditions with the Development (Build-out)..............................................................14 SiteEntrances.........................................................................................................................................14 Assessment of Traffic Operations with the Development......................................................................15 Design Year Traffic Operations with Development and Mitigation............................................................16 TrafficGrowth.........................................................................................................................................16 43 TrafficOperations...................................................................................................................................16 Conclusions and Recommendations...........................................................................................................18 44 Executive Summary This Traffic Impact Analysis evaluates the transportation impacts resulting from the development of a 1.44-acre site for a 12,480 SF Dollar General store in Frederick County, Virginia. The site is on the west side of Route 11, approximately 0.4 miles north of Clear Brook, VA. The property of which the proposed rezoning parcel is a part, was rezoned to B-3 in 2006 with rezoning RZ# 01-06. That rezoning proffered to limit the combined floor area on the property to 128,000 SF, with no more than 8,000 SF of that area used for a restaurant (SIC 581). Approximately 24,000 SF of floor area is in place and operational on the site with a B3 use. The requested rezoning will convert 12,480 SF of the remaining 103,520 SF to a B2 use, General Merchandise Store The proposed development consists of a 12,480 SF variety store on 1.44 acres. A single site entrance will connect to Jeff's Way. Traffic associated with the development will use Route 11 to travel north and south. This engineer believes that the transportation impacts of this rezoning are both manageable and acceptable for this project setting with the implementation of these recommended improvements. Additionally, with the modifications suggested in this TIA, the study intersections can accommodate traffic from this site development. 45 Introduction and Background Information Introduction and Background Information Project Location and Description This project involves constructing 12,480 square foot variety store on 1.2 acres in Clear Brook, Frederick County, VA. The project is west of Route 11, east of 1-81, and south of Cedar Hill Rd (Route 671). Access to the site will be from Jeff's Way. Figure 1 shows the location of the project. Figure 1 Project Locution Mop The property of which the proposed rezoning parcel is a part, was rezoned to B-3 in 2006 with rezoning RZtt 01-06. That rezoning proffered to limit the combined floor area on the property t0 128,000 SF, with no more than 8,000 SF of that area used for a restaurant (SIC 581). Approximately 24,000 SF of floor Page 1 1 46 Introduction and Background Information area is in place and operational on the site with a B3 use. The requested rezoning will convert 12,480 SF of the remaining 103,520 SF to a B2 use, General Merchandise Store. Non-existent transportation Improvements A review of the VDOT Six -Year Improvement Plan and the Smart Scale Dashboard did not show any active projects for this area. TIA Scoping A Traffic Study Pre -Scope of Work meeting was held with VDOT on December 141h, 2021. A VDOT Chapter 527/870 traffic study is not required for the proposed land use application since the proposed trips are not more than the 5,000 vpd volume threshold. A copy of the final scoping document is included in Appendix A. Study Area The study area for this analysis includes the existing intersection of route 11 and Jeff's Way. Figure 2 shows the study area reference numbers of the intersection studied in this analysis. ___� N, , Map Source: Frederick County GIS p� C A O A i A b ►- Z �O CO Y r LU m cyG o <_ RcyR v LU w C Rls Z m cc Eg ,c � w 1 T.M. count z a 24 hr count BRUCETOWN Rp `�i-;. Np Exit 321 O��P s°' lye Figure 2 Traffic data collection and study intersection locations n Page 12 47 Introduction and Background Information Existing Roadway Description The public street network in the vicinity of the site is summarized below, with the existing characteristics and road functional classifications (same for VDOT and County): • US Route 11 (Martinsburg Pike) is a 2-lane highway from its intersection with Brucetown Road to the north of Jeff's Way, at which point it transitions to two northbound lanes and one southbound lane. A southbound right turn lane and a northbound left -turn lane are in place. The roadway has a shoulder and ditch typical section through the study area. The VDOT average annual weekday traffic volume (AAWDT) on this section of Route 11 was 7,500 in 2019. The posted speed limit through this area is 45 mph. • Jeff's Way (private street) is a two-lane road on the west side of Route 11. The pavement is 24 feet wide with gravel shoulders. There was no observed posted speed limit. Nearby Land Uses The site is bounded by Route 11 to the east, undeveloped land, and 1-81 to the west. To the north is more undeveloped land with sparse residential units, and to the south is more undeveloped land. Comprehensive Plan The 2035 Frederick County Comprehensive Plan envisions the land use for business, as shown in Figure 3. Page 13 48 Introduction and Bockground Informotion Figure 3 2035 Frederick County Comprehensive Pion Lund Use Page 14 49 Introduction and Background Information Zoning The current zoning on the site is B3, transitional business. See Figure S. Figure 4 Zoning Map Page 15 691 Introduction and Background Information VDOT Functional Classification The VDOT Functional Plan for this portion of Frederick County is shown in Figure 5, which shows Route 11 (Martinsburg Pike) as a "Major Collector" in the vicinity of the study area. The functional designation establishes the VDOT Access Management requirements for median crossovers and traffic control. Project Location Functional ClassifKation - Pf;me D;rection II 1rl•Id1` Cgher Frrrwey_ doe Erpre5twdy> (Aher Principal Arer al — Mr^rr Arte-ld! — Ma;-,r Collector Minor Collector Irdustate Ramp -- Oilier Freeways and Fxpressways Ramp — 01her Principal Arterial Ramp Minor Arterial Ramp — - all other values, Figure 5 Approved Roodwoy Functionol Clos5ificotion Mop Page 16 51 Introduction and Background Information Multi -Modal Access The existing roadway network does not include continuous pedestrian access. Bike lanes are not included in the existing roadway typical sections. Future Transportation Improvements As stated earlier in this section, A review of the VDOT Six -Year Improvement Plan and the Smart Scale Dashboard did not show any active projects for this area. Page 17 52 Analysis of Existing Conditions Analysis of Existing Conditions Existing Traffic Operations Traffic counts were taken on Wednesday, January 12"', 2022, from 6:00 AM to 9:00 AM and from 3:00 PM to 6:00 PM to identify the peak traffic volume hours. The morning peak hour occurs from 7:00 AM to 8:00 AM, and the evening peak hour is from 4:45 PM to 5:45 PM. The traffic count data is included in Appendix B. The turning movement data for the AM and PM peak hours, with the intersection Level of Service (LOS) by approach, are summarized in Figures 6 and 7. The approach LOS for the stop -controlled leg of the unsignalized intersection is shown, and only conflicted movements are assigned a LOS. Capacity calculations in HCM mode are from Synchro 11. The Synchro calculation worksheets are in Appendix C. Intersection Level of Service Criteria The Highway Capacity Manual methodologies for intersection and roadways Levels of Service (LOS) were used to measure the performance of the study intersections. LOS measures vehicle operator delays with the overall driving experience through a particular facility. Performance is quantified with designations of LOS 'A' through 'F' based on the average control delay (given in seconds per vehicle) per lane group and the overall intersection. These LOS designations describe the performance of the intersection from the motorist's perspective, with LOS 'A' representing free -flowing conditions and LOS' F' representing congested conditions. Delay is the additional travel time experienced by a driver, passenger, or pedestrian. Control delay results when a traffic control device (such as a traffic signal) causes a lane group to reduce speed or stop; it is measured compared to an uncontrolled condition. A LOS "C" is preferred for rural conditions. Assessment of the Existing Conditions: The unsignalized intersection of Jeff's Way and Route 11 has all conflicting movements operating satisfactorily. The stop condition operates at a LOS of" B" in the AM peak hour and LOS "A" in the PM peak hour. The northbound left -turn lane operates at LOS of "A" in the AM and PM peak hours. Page 18 53 0 N N � N IN 1m Jeffs Way } 0 (0) —} I 8 (5) -� m a N m Analysis of Existing Conditions AM Peak Hour (PM Peak Hour) 0 N _I 11 N r Jeffs Way } B (A) � � I a Q Figure 5 Existing Traffic Volumes Figure 6 Existing Levels of Service and Lane Configurations Table 12022 Existing Level of Service, Delay, and Back of Queue (9501.) k Intersection F. (CnnlmV N1lttgallna L- App-h Stmage 1,1h, H11 .4NI Peak Hnur PN1 Peal, Hour LOS Dele1 IseeiwN Back of Queue 01 LOS DeINc lseehkehl RACk Oh QlrC ae I(t1 I,B's 54a� k Routc I I l n,ralalvrd NT - - NL 450 A 8.0 0 A TS 0 NB LOS - A 0.4 - A 0.1 - SR 175 - - - - - ST - - - - SB LOS EB/R/L - B 102 25 A 9.9 25 EB LOS - B 10.2 A 9.9 0%endl _.. - 0.4 - 0.3 - EB - Easlhowld_ WB=Wcslboujd NB = Nonldln -J SR - Soinhbound L Left. T. I Ii, R: Righl Storage Iengtl. -Iudc half the roper. Page 19 54 Analysis of Background Conditions Analysis of Future Conditions Without Development (Background) The 2023 traffic volumes represent the future traffic volumes in the study area. The traffic volumes have increased because of land -use changes and regional growth without the proposed Dollar General store. The parent parcel of land was rezoned in 2006 to 63 zoning. With that rezoning, PHR&A provided a traffic study with an addendum dated 2/13/06, which provides the trip generation rates for the proposed 16.9-acre development. A portion of the forecasted development is in place and operational today. The remaining undeveloped land is included in the background traffic volumes and analysis. See Table 2. Table 2 Background trips for undeveloped R&J lands AM pM s Land Use Units Amount Total AST enter exit Total, enter eklt• � m 'o n GA Heavy Industrial (LU 120) 1000 SQ FT 120 54 7 61 3 20 23 180 o � n H-T Restaurant (LU 932) 1000 SQ FT 8 48 44 92 53 34 87 1017 n L � r 3 Total 102 1 51 1 153 56 1 54 110 1197 c. v u v GA Heavy Industrial (LU 120) 1000 SQ FT 24 11 1 12 1 4 5 36 ,f a o E o° H-T Restaurant (LU 932) 1000 SQ FT 0 0 0 0 0 0 0 0 _e u 2 D Total -11 -1 -12 -1 -4 -5 -36 Remaining Background Trips 91 1 50 1 141 1 55 1 50 1 105 1161 The turning movement data for the AM and PM peak hours, with the intersection Level of Service (LOS) by approach, are summarized in Figures 7 and 8. The LOS by lane group, approach, overall grade, and back of queue values for each of the study intersections for the weekday AM and PM peak hours in background conditions are shown in Table 2. For the unsignalized intersections, the approach LOS for the stop -controlled leg is shown, and only conflicted movements are assigned a LOS. Capacity calculations in HCM mode are from Synchro 11. The Synchro calculation worksheets are in Appendix C. Traffic Growth Traffic volumes in the background scenario are increased at an annual rate of 1%. This growth rate is considered conservative. The unsignalized intersection of Jeff's Way and Route 11 has all conflicting movements operating satisfactorily. The stop condition operates at a LOS of" B" in the AM peak hour and LOS "A" in the PM peak hour. The northbound left -turn lane operates at a LOS of "A" in the AM and PM peak hours. Page 110 55 O G m � N N ~ T N1 Jeffs w0 5 (5) I I 53 (50)- N m a M W T • Figure 7 No -Build Traffic Volumes Table 3 2023 No -Build Level of Service, Delay, and Back of Queue (95%) Analysis of Background Conditions AM Peak Hour (PM Peak Hour) Figure 8 No -Build Levels of Service and Lane Configurations H Intertection i.fr" ( onlrol/ mitigation I ane.'ipptoa<h Sludge Iw•ngths 1111 %%1 Peak Ho., PAI Peak It— LOS Dela) (secheh) BnA o1 Queue IDI LOS Dd. 1, W-hl Back of Queue Iftl )OF, Was K Route I I l h,wsilvcd NL 450 A 8.7 25 A 8.0 0 NB LOS - A 5.0 - A 0.8 - SR 175 ST _ SB LOS EB/R/L - B 11.8 25 B 11.6 25 EB LOS B I L8 B 11.6 Orerall 3.8 2.3 - EB = Eastbound WB=WCSlbound NB = NoAN—uKi_ SB = Southtro M. L. Left, I Thai R k�N - Storage knglhs -b& h if 11c caper. Page 111 56 Site Traffic Distribution and Assignment Site Trip Generation Trip generation for the site is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. The trip generation values for a Land Use 814, Variety Store are summarized in Table 4. Table 4 Site Trip Generation Land Use Units Amount AM PM' ADT enter exit Total enter exit Total Enter Exit Total Variety Store (814) 1000 SQ FT 12 20 16 36 41 39 80 382 382 764 Pass -By Trips 6 6 12 14 13 27 Total 20 16 36 41 39 80 382 382 764 Source: ITE Trip Generation Manual, 111h Edition Pass -By Trips Pass -by trip reductions consider site trips drawn from the existing traffic stream on an adjacent street, recognizing that trips drawn to a site would otherwise already traverse the adjacent street regardless of the site's existence. For this project, a northbound vehicle on Route 11 that patronizes the Dollar General and continues north upon completing their store visit is considered a pass -by trip. The ITE Trip Generation Handbook gives a pass -by rate of 34% for land use 814 Variety Store. Site Traffic Distribution and Assignment Trips generated by the development are distributed with 40% to the north and 60% to the south. Trip distributions for the development generated trips, and the pass -by trips are shown in Figures 9, 10, and 11. Page 112 57 Site Traffic Distribution and Assignment 0 z J Q lid LY a�00 aO0 v la _C V IO cy R Rrsss z w m a: i Y— Z � � r a � .p t ) b� BRUCETO RO Rls;�? J O��P NOS } ➢ - .:-- '1 ^ ate, m < A. Figure 9 Distribution of Development Trips 6 (10) ---1 1 I 10 (15 )� Figure 10 Development Generated Traffic Volumes AM Peak Hour (PM Peak Hour) 4 (6) I 1 3 (4) Zn ^ e 9 Figure 11 Pass by Traffic Volumes Page 113 58 Analysis of Future conditions with Mitigation Analysis of Future Conditions with the Development (Build - out) The analysis of the 2023 Build -out condition represents the future traffic volumes in the study area with the 12,480 SF store fully operational. The traffic volumes for this analysis were computed by adding the new trips to the background traffic volumes and removing trips corresponding with 12,480 SF of heavy industrial land use from the same. Site Entrances The proposed development will have a single entrance connecting to Jeff's Way. See Figure 12 for the proposed site layout. jom _ ----------1 I I I I � AROAOSED I I �'I oouwr aiweiK I j 35' 4 /5m" x 8PJ' 50 SP•4GE5 I I ! I I e I j �Aw purr pavn�s "fit IL — — — — — — —- I � t L.-. - - - � - G- - - ----- Figure 12 Proposed Site Layout Page 114 y It tl 1 I i i z lip a Q � t jli I t 59 Analysis of Future conditions with Mitigation Assessment of Traffic Operations with the Development The turning movement data fort he AM and PM peak hours, with the intersection Level of Service (LOS) by approach, are summarized in Figures 13 and 14. The LOS by lane group, approach, and overall grade and back of queue values for each of the study intersections for the weekday AM and PM peak hours in build -out conditions is shown in Table 4. For the unsignalized intersections, the approach LOS for the stop -controlled leg is shown, and only conflicted movements are assigned a LOS. Capacity calculations in HCM made are from Synchro 11. The Synchro calculation worksheets are in Appendix C The effects of the development without mitigating measures are summarized below: • The unsignalized intersection of Jeff's Way and Route 11 has all conflicting movements operating satisfactorily. The stop condition operates at a LOS of B" in the AM peak hour and LOS "A" in the PM peak hour. The northbound left -turn lane operates at a LOS of "A" in the AM and PM peak hours. m 0 .N... ap N �'q N m .1 1 Jeffs Way 14 (21j—j I 61(65)'-1 C m ••t m ^I m j • O Figure 13 Build -out Traffic Volumes Table 5 Build -out Level of Service, Delay, and 95% queue Length ry 6t O tY .11 Jeffs Way B (B) ® 1 a a Figure 14 Build -out Levels of Service and Lane Configurations q Intersrefinn Traffic Cnalfnh NJ ifigannn Lane/ApproachDelay- Sloragc A,11 Peak How PM Peak Hour Ll)S (seUceh) BackQueue (ftl (f LOS Delray Isrchrhl Beck of Queue Iftl Jc6's Aka, K Rowc I 1 U.ignafi d NT NL 450 A 8 0 A 8.1 0 NB LOS - A 3.4 - A 1.1 - SR 175 - - - - ST - - - - - - - SB LOS - EB/R/L - B 11.9 25 B 13.8 50 EB I.OS B 11.9 B 13.8 Overall - 2.6 - - 3.4 - EB = Easibowd. WB -Westbound NB = Northbound. SB = Southbou d. L. Left. T: Thw. R: Rght Storage lengths tochtde halfthe weer. Page 115 60 Design Year Traffic Operations with Development and Mitigation Design Year Traffic Operations with Development The 2029 Design Year condition analysis represents the future traffic volumes in the study area, with the development fully operational six years after its opening. The turning movement data for the AM and PM peak hours, with the intersection Level of Service (LOS) by approach, are summarized in Figures 15 and 16. The LOS by lane group, approach, and overall grade and back of queue values for each of the study intersections for the weekday AM and PM peak hours in design year conditions is shown in Table 5. For the unsignalized intersections, the approach LOS for the stop -controlled leg is shown, and only conflicted movements are assigned a LOS. Capacity calculations in HCM mode are from Synchro 11. The Synchro calculation worksheets are in Appendix C. Traffic Growth Traffic volumes in the Design Year scenario have been increased at an annual rate of 1%. Traffic Operations • The unsignalized intersection of Jeff's Way and Route 11 has all conflicting movements operating satisfactorily. The stop condition operates at a LOS of B" in the AM peak hour and LOS "A" in the PM peak hour. The northbound left -turn lane operates at a LOS of "A" in the AM and PM peak hours. M W N W V M N HI .l 1 Jeffs Way �j 15 (22{_j I I 65 (69)--1 o `? O N Figure 15 Design Year Traffic Volumes Page 116 AM Peak Hour (PM Peak Hour) d Jeffs Way a a Figure 16 Design Year Levels of Service and Lane Configurations 61 Design Year Traffic Operations with Development and Mitigation Table 6 Design Year level of Service, Delay, and 95% Queue Length InlcncUMln Ird101 Cuniml'ViliGalian I..nr: 1111nn.nh Shmlgr I�Irale�1111 A5I I'ral, II 1'N Paa 1, II Imi LOS Ilrlq I.5t ir5hl HwknlQa•a• IIII — LOS III 1;, (151755h) HIKE ul Qww IIII I 1,R• t5 �� ,t R.•�it. 11 L'In4i»M'd \•l. 150 A SJ 0 A 92 11 \II I.OS - A 35 - A 1.1 - SR 175 ST Sit LOS I IS R/I. - 11 123 25 11 147 SII HI LOS Il 12.3 - II 14.7 0vemI1 2.7 - 3.6 1 It= 4a.:h•.>1 tSTi =N'cal.. 1 f`1I • N"fl.L..o SII, sa'H..W I I dI 111". R RipLI �:aole lnph, c��/.4 IvE da• In1rr Page 1 17 62 Conclusions and Recommendations Conclusions and Recommendations This Traffic Impact Analysis has been prepared to evaluate the transportation impacts resulting from the development of a 1.44-acre site for a 12,480 SF Dollar General store in Frederick County, Virginia. The site is located on the west side of Route 11, approximately 0.4 miles north of Clear Brook, VA. The property of which the proposed rezoning parcel is a part, was rezoned to B-3 in 2006 with rezoning RZ# 01-06. That rezoning proffered to limit the combined floor area on the property t0 128,000 SF, with no more than 8,000 SF of that area used for a restaurant (SIC 581). Approximately 24,000 SF of floor area is in place and operational on the site with a B3 use. The requested rezoning will convert 12,480 SF of the remaining 103,520 SF to a B2 use, General Merchandise Store The proposed development consists of a 12,480 SF variety store on 1.44 acres. A single site entrance will connect to Jeff's Way. Traffic associated with the development will use Route 11 to travel north and south. This engineer believes that the transportation impacts of this rezoning are both manageable and acceptable for this project setting with the implementation of these recommended improvements. Additionally, with the modifications suggested in this TIA, the study intersections can accommodate traffic from this site development. Page 118 63 Appendix A Pre -Scope of Work Meeting Form 64 Tll PRELIMr"RY MART/NSBURE i' I AT I S/ T F P L A N I V I,--lSA,NA5Roc"- ✓EFF 6 WA1- PROTOTYPE 124W E DEVELOPER DESIGNER DATE: ��DGiSALEB eF cwmbr OO.:-M M-E6771SNT W. LLC GO.: aV 1NVF5TT'VNT CC, LLC 11-4-21 ,RE AGE: 143 AC •/- NAM: GENE ®BUJ NAM: T1P9 004AlAY SCALE • NTS r ARKING SPACES: 50 P1#NE •: 665-740-1007 IPWONE •: A65-200-4770 I 1 I • EGEMERAL n 449-1 35 DOLLAR �' 150 X B� In 50 SPACES I� I � z NEAvY DUTr u1 f'AY^#a �5 L--------33'3fi7lW5AGR--- ----- � � 1 � 9 I eK.N L_— = 1 — ———--————————————- 0 0- 1 r 1 67 \V,D®T Virginia Department of Transportation PRE -SCOPE OF WORK MEETING FORM Information on the Project Traffic Impact Analysis Base Assumptions The applicant is responsible for entering the relevant information and submitting the form to VDOT and the locality no less than three (3) business days prior to the meeting. If a form is not received by this deadline, the scope of work meeting may be postponed. Contact Information Consultant Name: Stowe Engineering - Thin Stowc Tele: 540.686.7373 E-mail: timstowcRcstowecom panies.com Developer/Owner Name: R&.1 Development Tele: 540.686.7373 E-mail: timstowe a,stowecom panies.com Project Information Project Name: Dollar General store Locality/County: Frederick Co Project Location: (Attach regional and site Martinsburg Pike (Rte 1 1) and .Jeff's Way specific location ma Submission Type Comp Plan ❑ Rezoning ® Site Plan ❑ Subd Plat ❑ Project Description: (Including details on the land use, acreage, phasing, access C01IStRICti011 of 1 2,000 sq ft variety store location, etc. Attach additional sheet if necessary) Proposed Use(s): (Check all that apply; attach Residential ❑ Commercial ® Mixed Use ❑ Other ❑ additional pages as necessary) Residential Uses(s) 12,000 SF Number of Units: ITE LU Code(s): Other Use(s) ITE LU Code(s): Commercial Use(s) ITE LU Code(s): 814 Independent Variable(s): Square Ft or Other Variable: Total Peak Hour Trip Less than 100 ® 100 — 499 ❑ 500 — 999 ❑ 1,000 or more ❑ Projection: It is important for the applicant to provide sufficient information to county and VDOT staff so that questions regarding geographic scope, alternate methodology, or other issues can be answered at the scoping meeting. M. Traffic Impact Analysis Assumptions Study Period Study Area Boundaries (Attach map) Existing Year: 2021 Build -out Year: 2022 Design Year: 2027 North: Cedar I lilt Rd (Rte 671) I South: W&W Railroad crossing East: Route I 1 West: Route I 1 External Factors That Could Affect Project (Planned road improvements, none other nearby developments) Consistency With Comprehensive Plan Yes (Land use, transportation plan) Available Traffic Data VDOT published traffic data (Historical, forecasts) Trip Distribution Road Name: see attachment Road Name: Road Name: Road Name: (Attach sketch) Annual Vehicle Trip Peak Period for Study AM ® PM ❑ SAT 10%(check all that apply) Peak Hour of the Generator Growth Rate: 1.Rte 1 I and .Jeff's Way (entrance) 6. 2. 7. Study Intersections 3 $ and/or Road Segments (Attach additional sheets as 4. 9. necessary) 5. 10. Trip Adjustment Factors Internal allowance: El Yes ® No Pass -by allowance: ® Yes ❑ No /o Reduction: trips Reduction: per ITE /o trips Software Methodology ® Synchro ❑ HCS (v.2000/+) ❑ aaSIDRA ❑ CORSIM ❑ Other Traffic Signal Proposed or Affected (Analysis software to be used, no adverse impacts expected due to the IOW VOIu111C of traffic being generated. progression speed, cycle length) It is important for the applicant to provide sufficient information to county and VDOT staff so that questions regarding geographic scope, alternate methodology, or other issues can be answered at the scoping meeting. 69 Improvement(s) Assumed or to be none Considered Background Traffic Studies Considered none ❑ Master Development Plan (MDP) ❑ Generalized Development Plan (GDP) Plan Submission ® Preliminary/Sketch Plan ❑ Other Plan type (Final Site, Subd. Plan) ❑ Queuing analysis ❑ Actuation/Coordination ❑ Weaving analysis Additional Issues to be ❑ Merge analysis ® Bike/Ped Accommodations ® Intersection(s) Addressed ❑ TDM Measures ❑ Other NOTES on ASSUMPTIONS: 1. entrance for the Dollar General should be aligned wioth the Pine Knoll Construction entrance to the extent possible. 2. Wheel tracking/truck turning movements should be considered. 3. Present evidence of dowmzoning/traffic reduction from B3 most intense use to this use SIGNED: , "6�t ' DATE Applica or Consultant PRINT NAME: Applicant or Consultant 2/ /2 It is important for the applicant to provide sufficient information to county and VDOT staff so that questions regarding geographic scope, alternate methodology, or other issues can be answered at the scoping meeting. 70 It is important for the applicant to provide sufficient information to county and VDOT staff so that questions regarding geographic scope, alternate methodology, or other issues can be answered at the scoping meeting. 71 r :y Appendix 6 Traffic Count Data 74 Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 File Name : 1253.0 R+J Rezoning AM Peak Hr at ent Site Code : 00000000 Start Date : 1/12/2022 Page No : 1 Groups Printed- Cars - Med Trucks - Hvy Trucks Route 11 Private Drive Route 11 Jeffs Way From North From East From South From West Start Time Ri ht Thru Left nrn Toiai Rightj Thru Lefl nnp Twai Right Thru Left App. TOM Right Thru Left App. Total InL Total 06:00 AM 0 46 0 46 0 0 0 0 0 22 0 22 1 0 0 1 69 06:15 AM 0 46 0 46 0 0 0 0 0 27 2 29 0 0 0 0 75 06:30 AM 0 69 0 69 0 0 0 0 0 22 2 24 2 0 0 2 95 06:45 AM 1 51 0 52 0 0 0 0 0 33 3 36 1 0 0 1 89 Total 1 212 0 213 0 0 0 0 0 104 7 111 4 0 0 4 328 07:00 AM 0 74 0 74 0 0 0 0 0 33 0 33 2 0 0 2 109 07:15 AM 1 76 0 77 0 0 0 0 0 40 1 41 1 0 0 1 119 07:30 AM 0 85 0 85 0 0 0 0 0 24 2 26 4 0 0 4 115 07:45 AM 1 80 0 81 0 0 0 0 0 35 0 35 1 0 0 1 117 Total 2 315 0 317 0 0 0 0 0 132 3 135 8 0 0 8 460 08:00 AM 0 46 0 46 0 0 0 0 0 31 3 34 0 0 0 0 80 08:15 AM 1 66 0 67 0 0 0 0 0 32 0 32 1 0 0 1 100 08:30 AM 0 60 0 60 0 0 0 0 0 37 1 38 0 0 0 0 98 08:45 AM 0 55 0 55 0 0 0 0 0 34 0 34 0 0 0 0 89 Total 1 227 0 228 0 0 0 0 0 134 4 138 1 0 0 1 367 Grand Total 4 754 0 758 0 0 0 0 0 370 14 384 13 0 0 13 1155 Apprch % 0.5 99.5 0 0 0 0 0 96.4 3.6 100 0 0 Total % 0.3 65.3 0 65.6 0 0 0 0 0 32 1.2 33.2_ 1.1 0 0 1.1 Cars 4 718 0 722 0 0 0 0 0 332 13 345 11 0 0 11 1078 % Cars 100 95.2 0 95.3 0 0 0 0 0 89.7 92.9 89.8 84.6 0 0 84.6 93.3 Med Trucks 0 24 0 24 0 0 0 0 0 25 1 26 1 0 0 1 51 % Med Trucks 0 3.2 0 3.2 0 0 0 0 0 6.8 7.1 6.8 7.7 0 0 7.7 4.4 Hvy Trucks 0 12 0 12 0 0 0 0 0 13 0 13 1 0 0 1 26 % Hvy Trucks 0 1.6 0 1.6 0 0 0 0 0 3.5 0 3.4 7.7 0 0 7.7 2.3 75 Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 File Name : 1253.0 R+J Rezoning AM Peak Hr at ent Site Code : 00000000 Start Date : 1/12/2022 Page No :2 Route 11 From North Private Drive From East Route 11 From South Jeffs Way From West Start Time _ Right Thru Left r, Tm,i RightT—Thru Left_ nPl>. rot.I Ri lit ThruF Left .,pt roil M ht Thru I Left I ti Tot,I Peak Hour Analysis From 06:00 AM to 08:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:00 AM Int. Total 07:00 AM 0 74 0 V 74 0 0 0 0 0 33 0 33 2 0 0 2 109 07:15 AM 1 76 0 77 0 0 0 0 0 40 1 41 1 0 0 1 119 07:30 AM 0 85 0 85 0 0 0 0 0 24 2 26 4 0 0 4 115 07:45 AM 1 80 0 81 0 0 0 0_ 0 35 0 35 1 0 0 1 117 Total Volume 2 315 0 317 0 0 0 0 0 132 3 135 8 0 0 8 460 % App. Total 0.6 99.4 0 0 0 0 0 97.8 2.2 100 0 0 PHF .500 .926 .000 .932 .000 .000 .000 .000 .000 .825 .375 .823 .500 .000 .000 .500 .966 Cars 2 306 0 308 0 0 0 0 0 118 3 121 8 0 0 8 437 % Cars 100 97.1 0 97.2 0 0 0 0 0 89.4 100 89.6 100 0 0 100 95.0 Med Trucks 0 5 0 5 0 0 0 0 0 5 0 5 0 0 0 0 10 %Med Trucks 0 1.6 0 1.6 0 0 0 0 0 3.8 0 3.7 0 0 0 0 2.2 Hvy Trucks 0 4 0 4 0 0 0 0 0 9 0 9 0 0 0 0 13 % Hvv Trucks 0 1.3 0 1.3 0 0 0 0 0 6.8 0 6.7 0 0 0 0 2.8 J moon 00002 moo m N O O N � Out In (�T al 118 26 ft2306 [3]08 [41319 2 5 _0 , icI t TLeft Lo Peak Hour Data North Peak Hour Begins at 07:00 A Cars Med Trucks Hvy Trucks 41 T F' Left Thru 3 118 Rlgh 0 5 0 1--o- 0 0 9 9 0 3 �314Ll1 1 515 435 10 4 13 323 45t1 Out In Total ? O O O O 2 ' — 000 rr i 0 �0000 0 v 000- 76 Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 File Name : 1253.0 R+J Rezoning AM Peak Hr at ent Site Code : 00000000 Start Date : 1/12/2022 Page No : 3 77 Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 File Name : 1253.0 R+J Rezoning PM Peak Hr at ent Site Code : 00000000 Start Date : 1/12/2022 Page No : 1 (`..,nc P�inforl_ !'— _ AA-4 T—A— _ W—, T,.—t— Route 11 Private Drive Route 11 Jeff's Way From North From East From South From West Stara Time Right Thru Left App. Total Ri ht Thru Left nf,r. mioi _ Right Thru Lefl A,, Total Right Thru Left App Tol,i Inl. Total 03:00 PM 0 42 0 42 0 0 0 0 0 66 0 66 1 0 0 1 109 03:15 PM 0 52 0 52 0 0 0 0 0 83 0 83 0 0 0 0 135 03:30 PM 0 63 0 63 0 0 0 0 0 85 1 86 0 0 0 0 149 03:45 PM 0 53 0 53 0 0 0 0 0 112 1 113 1 0 1 2 168 Total 0 210 0 210 0 0 0 0 0 346 2 348 2 0 1 3 561 04:00 PM 0 47 0 47 0 0 0 0 0 115 0 115 1 0 0 1 163 04:15 PM 0 57 0 57 0 0 0 0 0 99 1 100 0 0 0 0 157 04:30 PM 0 60 0 60 0 0 0 0 0 92 1 93 1 0 0 1 154 04:45 PM 0 47 0 47 0 0 0 0_ 0 1.22 2 124 1 _. 0 0 1 172 Total 0 2 11 0 211 0 0 0 0 0 428 4 43 33 0 0 3 646 05:00 PM 0 73 0 73 0 0 0 0 0 111 0 111 4 0 0 4 188 05:15 PM 0 51 0 51 0 0 0 0 0 104 0 104 0 0 0 0 155 05:30 PM 0 70 0 70 0 0 0 0 0 94 1 95 0 0 0 0 165 05:45 PM 0 42 0 42 0 0 0 0 0 98 0 98 0 0 0 0 140 Total 0 236 0 236 0 0 0 0 0 407 1 4081 4 0 0 4 648 Grand Total 0 657 0 657 0 0 0 0 0 1181 7 1188 9 0 1 10 1855 Apprch % 0 100 0 0 0 0 0 99.4 0.6 90 0 10 Total % 0 35.4 0 35.4 0 0 0 0 0 63.7 0.4 64_ 0.5 0 0.1 0.5 Cars 0 639 0 639 0 0 0 0 0 1147 4 1151 8 0 1 9 1799 % Cars 0 97.3 0 97.3 0 0 0 0 0 97.1 57.1 96.9 88.9 _ 0 100 90 97 Med Trucks 0 10 0 10 0 0 0 0 0 21 2 23 1 0 0 1 34 % Med Trucks 0 1.5 0 1.5 0 0 0 0 0 1.8 28.6 1.9 11.1 0 0 10 1.8 Hvy Trucks 0 8 0 8 0 0 0 0 0 13 1 14 0 0 0 0 22 % Hvv Trucks 0 1.2 0 1.2 0 0 0 0 0 1.1 14.3 1.2 0 0 0 0 1.2 ro Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 File Name : 1253.0 R+J Rezoning PM Peak Hr at ent Site Code : 00000000 Start Date : 1/12/2022 Page No :2 Route 11 Private Drive Route 11 Jeffs Way From North From East From South From West Start Time Riqhl Thru Left ; TOI, Ri ht Thru Left tinf Total Ri it Thru Left of>f, ro,i Right Thru I Left tip, Toil Peak Hour Analysis From 03:00 PM to 05:45 I'M - Peak 1 of 1 Poole I-Ini it fnr Fntira Intarsartinn Ranins at n4.45 PM Int. Total 04:45 PM 0 47 0 47 0 0 0 0 0 122 2 124 1 0 0 1 172 05:00 PM 0 73 0 73 0 0 0 0 0 111 0 111 4 0 0 4 188 05:15 PM 0 51 0 51 0 0 0 0 0 104 0 104 0 0 0 0 155 05:30 PM 0 70 0 70 0 0 0 0 0 94 1 95 0 0 0 0 165 Total Volume 0 241 0 241 0 0 0 0 0 431 3 434 5 0 0 5 680 % App. Total 0 100 0 0 0 0 0 99.3 0.7 100 0 0 PHF .000 .825 .000 .825 .000 .000 .000 .000 .000 .883 .375 .875 .313 .000 .000 .313 .904 Cars 0 235 0 235 0 0 0 0 0 420 1 421 4 0 0 4 660 % Cars 0 97.5 0 97.5 0 0 0 0 0 97.4 33.3 97.0 80.0 0 0 80.0 97.1 Med Trucks 0 2 0 2 0 0 0 0 0 7 1 8 1 0 0 1 11 % Med Trucks 0 0.8 0 0.8 0 0 0 0 0 1.6 33.3 1.8 20.0 0 0 20.0 1.6 Hvy Trucks 0 4 0 4 0 0 0 0 0 4 1 5 0 0 0 0 9 % Hvv Trucks 0 1.7 0 1.7 0 0 0 0 0 0.9 33.3 1.2 0 0 0 0 1.3 — NN of 0000- ,J J v�o�n 00002 H M m O Route 11 O!(jL In C655 tit E 20 235 7 2 9 4 4 8 31 g t7? 0 235 0 0 2 0 0 4 0 0 2910 i0nt rhru Left L' Peak Hour Data North Peak Hour Begins at 04:45 P Cars Med Trucks HyTrucks 41 1 Fil' Left Thru Right 1 420 0 1 7 0 1 4 0 3 0 _ 3 [19, 246 434 680 Out In Total C ^ O0 00 C 0000 E0. r x0000 � v 000— Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 File Name : 1253.0 R+J Rezoning PM Peak Hr at ent Site Code : 00000000 Start Date : 1/12/2022 Page No : 3 80 The Traffic Group, Ine. (800) SR3-8 11 / M'M9 v:,r:::Irafficnroup com Description US I I bet —en Orucelovm Rd 8 Jeffs Way Latbtude: 39 25954 � County. Frederia County, VA Longitude-78,094842 Gam. .Wednesday, 111212022 Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 Class 9 Class 10 Class 11 Class 12 Class 13 Class 14 Class 15 All Classes Total 1 2294 857 21 36 22 5 22 48 1 0 0 0 0 2 3309 Percentages 003`,, 6933% 2590% 063`. 10914 0661/0 015% 066% 145% 003`/0 0.00% 000% 000% 000% 006% 10000% Thursday, 111312022 Class 1 Class 2 Class 3 Class 4 Class 5 Class 6 Class 7 Class 8 Class 9 Class 10 Class 11 Class 12 Class 13 Class 14 Class 15 All Classes Total 0 2352 958 27 37 32 2 25 39 4 0 0 0 0 0 3476 Percentages 0 0014 67 66% 27 56% 0,78`,, 1 061/: 0 97% 0 06% 0 72 % 1 12% 0 12% OM % 0 00% 000% 0 00 % 000% 100 00% ADT= 7110 Speed Limit= 45.00 61PH L 0 60 -is ---Ol 0 -0 -6 0 0 -- 0 c 0 ol ---c 0 61 0 -0 0 0 0[ :-o 0 0 0 0 0 ol 0 3 3 0 - 1 12 60-:30- 00:45 _13 14 01:00 mf� 1 -5 01 01 ol 01 ol 0 _0 21 0 0 01 of 0 0 0 0 ol 0 0: 0 Oi -01 0!_Ol 6 6i ----Ol of of -..01-----o 11 ol 01 01 0 -- ------- 0--- 61 o of 0 Oi 0 o o -o o 6 01 a 0 ---o 0 -0 o 0 0 0 0 _0 - - 6 0 0 ---o 0 l 0 0 0 6 0 0 o 0 ---- 61 6i-- --- of bi 0------ 0 --o 0 _0 () () 0 --o 0 0 0 c 0 0 0 o 0 6 --o 0 0 0 --o -_-__--o -0 0 —0 01 01 —01 0 0 -6 0 0 0 J-0 ----o ------ 0 do---- 61 Oi- 0 0 0 0 0 0 0 0 0 0 0 -0 0 ------o 0 0 —0 1 -----5 1 2 4 3 2 ----4 4 7 of ol --1 16 -- 17 18 -19 20 21 _L2_ 13- L4 -5 OT3 -0 01:45 60 -2 0 02:15 02:30- U.45 03:00 03:15 0-:10- 03:45 -01-3-1 0 ol 01 ol ol 11 01- 1 01 41 ol ij 3i 1 3! 11 7! o 31 6l__ -01-01- 25 04:00 ol 21 3 of of ol 0 0 0 0 0 01 0 5 2 04 15 ol 8, 21 I I al ol ol-- 01 -01- ol 0i of -0 0 0 --0 0 0 __3 0 0 0 0 0 _0 0 ol 0 ol 0 01 01 01 0 0 ---o 13 19 - 17 _L6 27 04:30 ol 28 -- 64 45 --- 01 91 91 9 05-00 0! 181 71 -6 16 0 -01 ol -- 0 di - --oi ii- -1 01- of 1 0 1 0 0 0 0 -- 1 0 ---0 0 0 0 ---c 0 0 0 0 --o 0 0 0 0 - --- _0 6 0 o 0 —6 ---- _0 0 0 o 0 - - — 6 0 0 0 o 0 1-06F 0 0 0 0 o ol 0 0 0 0 —0 27 33 -L- 30 .Ll 05:15 0! 231 05:30 05:45 oi of 34i 191 10 6 0 1� 45 26 49 47 _12 33 34 06:00 of -0,' 331__ 14 0 I - 321 - 13 -35 36 3-7 06:30 FG-.-4-5 W. 0-0 01 41 1 1 ol 0 0 -----o 0 ---1 1 2 0 -0 _____O 0 0 0 0 0 0 OF-0 0 ol 0 - ----6 _0 0 0 ---0 70 52 -T7 0) 32� 111- 01-- 0! 491 26 36 07--15 0; 501 181 21 21 ol 0 O 1 0 0 ol ol 0 0 73 39 40 07:-30 01 651 5 0 11 01 0 0 o 0 i 0 I 0 o 0 o 0 ol 0 0 0 91 -- 07:45 -- 01 65 151 -6 0i ol 0 82 41 42 43 44 45 46 47 78- 79- !TOT 08:00 N-15 Ee - 3 -0 08:45 09:00 09:15 09:3D 6-9--45 TO.' 0 -D 1-0 -15 01 01 01 01 11 ol ol -01 --- 0 i - 0) 301 38 44 391 37 241 291 37i - 30 281 131 L4 14 14 121 13 17 13 12 -- 1-6 121 0 1___ 2 0 1 0 0 0 1 0 0 11 ��411 ol 1! 2 11 21 0 i4ol 0 I 11 01 0 0- 0 0 0 ol i 11 -o 0 1 0 1 0 0 0 2 c -1 1 2 0 1 0 1 1 1 2 0 1 o 0 o 0 0 _O 0 o 0 -0 0 0 0 0 0 0 oj___q _0 ol 0 _0 0 0 0 0 0 0 0 0 0 0 ol 0 0 0 46 66 0 _0 0 0 0 0 60 54 55 46 0 0 -_._0 0 0 0 0 0 42 --- 56 5-0 45 71- To- 3 _0 of 321 1511 21 01 ol -61- F 3 0 2 -- 2 0 2 0 1 ----o 0 '---o 0 -6 0 0 0 -6 0 0 52 44 -43 72- 10--45 0 DI 14�, 01 33- 1 1:oo 321 8 V. 11:15 01 231 211 Oj- OI of ol 0 1 0 0 0 0 0 1 46 55 56 11*30 1-1: 4 5 01 351 Z& 17 __-I - ---Ol ol--- - OF ___0 i I _ ___Pl_ o 0 0 6 0 ----o 0 0 ---o-,----o 0 0 ------o 0 ----o 52 42 57 12oo oi 211 12 0 01 of 0 0 0 0, c _0 0 0 0 0 33 58 12-.15 01 3 201__ -15 1 21 bi o! ij---d 0 --o 6 0 0 0 0 0 ol 0 0 0 0 0 60 60 59 12:30 ol 43 60 12:45 ol 41I 11 ol 21 ol 0 1 2 0 0 0 0 0 0 57 61 13:00 0 38 ol ol ol 0 o 5 1 o 1 I 1 0 o 0 0 0 0 0 6 45 13:15 0 31 o 0 0 0 0 _6.2 63 13:30 0 141 11 of 21 0 1 62 64_ 13:45 0 28#I 161 3 1 ____9 1 0 0 0 0 0 0 0 0 ---o -- 0 4 14:00 0 34 19 0 01 11 0----- 0 0 0 54 _65 66 14:15 -0 -35J 121- 01 0 0 -9 0 o 1 ____o 0 0 0 0 0 ___o 0- 48 67 14:30 01 42 19 0 01- 1 0 0 0 __0 1 0 0 0 _0 0 _0 63 68 Tq- 14:45 0 41 1 0 ol__ - OL-- 1 0 0 _o 0 c 0 51 15-00 o 32 10 1 11 ol 0 0 0 0 0 0 0 45 70 71 72 W-15 15:30 15:45 ol ol 40 35 23 16 0 1 11_ 21 -61 01 0 _0 0 0 0 0 0 0 0 0 0 _0 0 0 0 0 0 51 0 0 0 0 o 0 0 64 54 73 16:00 ol 39 12 0 of ol 0 0 0 0 0 0 0 0 0 51 _74 75 16:15 01 42 11 0 01--- 1�- () - 0 0 0 0 0 0 0 55 16:30 o 8 �36 13, 0 0 0 0 1 - --! 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22941 657 21 0 2 3309 — 107 Percenta 003%! 6933%1 25901A 063% 109• I 066%1 0.15`/0 066% 1A5% 0.03°!0 0.00`/0 000% 000%I 0.00% 006% 10000% 83 2 3 4 5 _--.-1 �1Ucscnptlon: Its 11 between umcctown mO ISIIe ID:000000000220 Station Num:000000003000 I 1 _ County: Frederick County, Vvginia � Start Oate/Timc:01.13.202200:00 & Jells j way 6 Iliad DatMTime:01-13.2022 23:59 1 ( I 7 i I Class 1 Klass 2 Klass 3 _j --16 Klass 4 I _ _ Klass 5 Klass 6 I ___ Klass 7 ___ __ Class 0 __ __ _ _ Class 9 Class 10 Class 11 Class 12 Class 13 Class 1A Klass 15 All Classes 8 9 0000 OI I 1! 01 01 OI 01 1 0 0 01 01 01 0 3 10 00:15 01_ _51 _ 0 0 _0!__0I}}I _ -_ ��-___._� 0 0 _ _ 0 0 0 _.. _ 0 —_ -0 ---- __ _ n 13 07:00 01 1 01 01 01 2j� 01 41 _.__._ 0�01 0( 01 0 11 0! 0 01 01 01 0_- (1501:30 0 01 01 01 0� OI 01 0(A 0 OI 1____.__..__.-_.. 0 0 0 0 0 0 0 _.___ 0 0 0 0 ___-_ 2 __. _ 0 0 0 0 0-__0 0 _____ 0 0 0 0 _.__._.0 0 ___-______-_-__ 0 __ 0 0 .__. _0 0 0 __ 0 0 __.A- OI 00 0 0 0 0 0 0 0 0 2 14 16 01:15 01:45 0 O�_ 1 10 0 3 6 _-17 1 1 16 02:00 02:15 19 20 02:30 01 41 _ 01- 11 01 71 O 0 01 O 01 11 OI 01 0; 0` 01 0; 0 0� 01 1 _ 0 ___ 0 0 0 __ _ 0 0 _ _0 0 _ _ 0 _0 0 _ 0 0 0 __ _0 0 _ 0 0 0 0 __ 0 6 _ 1 02:45 21 03:00 0 0 1 22 0315 01 11 11 of OL 0! 01 0 0 01 0 01 0 0 0 2 23 03:30 01 41 __ 2_ O Si 01 01- O 01- _._. Oi 01_ gl 01- _._01 0 _0 . _. _.. 0 0 ___0 0 0 _.—.0 0 ----0 -__. _01_.__ 0 0 ._ 0 0 _. 0 6 —_ 5 24 03:45 25 04:00 01 11 1 0 Oj 01 0 0 0 0 0 01 0 0 0 2 26 27 04:15 04:30 0; 61 2 OE 101 _ 6 141 5 0 01 11 0; _ 0 0 _ 61 010 01 01 - 0- 0 0 0 2 0 1 0 - 0 0 _ 0_ 0 -0 _01 OI -- 0 0 0 0 0 _ 0 0 0 10 __ __ 0 16 28 04:45 01 0 21 29 05:00 0 171 _70 _ 0 0 1 11_- _ 01 0� 0 01 0� 0 Oj 0 0 _ _01 _ 01I 0 __�1_ _ _ _0�_. - 0 1i 11 _.-0-- 21 _ _0 _ 0 _ 21 01 0 -- .. _ 11 _-01--�0�-� 0' 01 1 0 __ _ 0 1 0 — 1 .-0... _ 1 7 1 1 0 _ 0 1 0 1 ____' _ ___ 1 2. - -�- 1 0 __. 0 _ 0 0 0 _-_ _ 0 -. ___' __ _ ___0 0 -----0 0 0 _._ __0 0 0 0 .____0 ____ __0 0 -0- 0 Ot _f _ 0� 0 0 _ 0 ... _0 ____ 0 0 _0-�--0� 0 0 0 0 0 ___ 0 -_—__0 ___ 0 0 0 _ _ 0 _ 0 0 ._.__. 0 _. 0 _ 0 0 .-_ 0 _ 27 _ 30 44 46 30 0515 0� 0 01 0( 20 271 271 331—_-13 _ 10 141 18 31 32 05:30 05:45 33 06:00 17 25 _20 151 161 - OI__ 1I 1 I} -0 0� 01 0 ___-__0 -. 0 A8 34 35 36 37 38 06:15 0630 06:45 07:00 07:15 Oi 391 O!_ 421 _ 0 371 O 49; Oj 701 0 0 ^' 01 0 0 61 72 _ _ 0 0 0 62 67 88 39 07:30 01 _._._551 17 181 01 1_.___� _-_�i 01 11 .0 0 -. 0 0 _____ 2 0 _ ._ _.0 0 —.__0 0 _0 0 -__ 0 0 -__._0 0 ___-0 0 77 72 40 07:45 _ 0; 531 41 08:00 01 451 13 01 01 11 1 2 1 0 0 0 0 0 0 63 42 08:15 01 401_ 20 1 0 1 0-----1 0 --0-- 0 1--- 0 1---- 0 1 0 i 0 0 0 0 0_ 0 62 43 08:30 01 42 21 1 0 0 0 68 44 08:45 01 331 191 0 01 2 0 1 0 0 0 0 0 0 0 55 45 0900 01 301 12 0 11__ 2 21 3 01 1 0 _ 0 0 1 7 0 0 2 0 0 0 0 0 0 0 0 46 46 09:15 01 401 18 0 _ 0 __ 0 0 0 _ 0 0 _ 0 66 47 09:30 0 351 12 0 0 0 0 _ 0 48 48 49 09:45 01 371_ 01381 24 -_ 221 0 1 �1__ _ 0 --- 0 1 1-_. 21 1 0 0 0 0 3 0 0 0 0 0 _-_ - 0 0 0 -_ 0 0 0 -_�- 0 0 -- - -0 0 0 0 0 63 65 10:00 50 10:15 01 39- _ 16 0 0 0 _-_ 0 _--- 0 _ 58 51 10:30 01 24j}I_ _ 24 1 21 21 71_ 11 21 11 _0 _0�__._ 0 _ _0 1_____0__.-0-__0— 0 0 1 0 0 0 0 _ 0Ij 0}___-0 OI _ 0 0 _0I ___.Ol OI 0 0 0 53 53 51 141 7 5210:45 0 331_ 14 0 54 11:15 01 301 51 _ 01 01 11 0 0 1 01 0 0 0 0 37 55 11:30 01__ 351_ 12 22 __ 2 2 ___ 2 2� ___01__- _0 0 0 _2 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 54 64 56 11:45 Oi 371 57 12:00 01 411 1 T� 11 01 0 0 0 0 0 0 0 0 0 60 58 59 1215 12:J0 01 0 30_ 33 22._-2 13 0 ._-._. 01._.. 11 _. gl. 0 11 0 0 ___.__. 0 0 _..__0 0 0 0 0 0 0 0 ___ _ 0 0 0 0 54 48 60 12:45 01 35 161 2 0 0 0 0 0 0 0 0 0 0 0 53 61 13:00 0 25 8 0 1__ 11 _ 7 ___ 0 _ _ 01___0 31 0 0 1 0 0 __ 0 0 0 0 0 36 55 62 13:15 0 33 20 0 __ 0 1 ___ __7 1 ______ 0 0 ___ 0 0 0 0 _ 0 0 63 13:30 0 33 121 0 21 ___0 0 0 52 64 13:45 0 41 161 11 1 ___ 1i ____ 1 0 0_ 0 0 0 ___ 0_ _ _ 0 0_ 0 0 0 0 60 65 14:00 0 1__ 37 17 1 2 1 __ ____0 0 0 0 0 59 66 14:15 0 27 161 0 01 01 0 0 1 0 0 0 0 0 0 44 67 14:30 0 45 10 O 11____ 01 1 0 0 _ 0 1 0 0 0 0 0 0 0 56 G8 14:45 0 30 20 0 01_____ 1 _ 0 0 0 0_ 0 0 53 69 15:00 0 37 13 1 __ O 0 0 0 1 0 0 0 0 0 0 52 70 15:15 0 31 15 0 Ol__ 01 _ 0 0 0 0 0 0 _ _ 0 0 0 0 0 46 71 15:30 0 42 _ 17 0 01 0_ _ 0 0 0 0 0 0 0 59 72 15:45 0 45 19 2 _ 2 1 0 0 0 1 0 0 0 0_ 0 70 73 16:00 01 51 18 0 01 O1 0 0 0 0 0 0 0 0 0 69 74 -16 —15 0 44 17 0 0 01 0 _ 0 0 0 0 _ _ _0 0 0 0 0 0 61 75 16:30 0 43 18 0 __ 01 _ 0 ___ 0 1 ____ 1 0 __ 0 _ __ 0 0 63 76 16:45 01 40 141 0 01 0 0 0 0 0 0 0 0 0 0 54 77 17:00 0 59 25 0 11 01 0 _ 0 _ 0 ___ 0 __ 0 0 0 _ 0 _ 0 85 78 17:15 0 50 19 0 01 01 0- 0 -- 0 0 1 0 1 0 -- 0 0 0_ 0 0 69 79 17:30 0 42 17 1 01 0- 0 0 0 0 0 62 60 17:45 0 45 10 1 0 0!_ 0 0 0 0 0 0 0 0 0 56 81 18:00 0 43 15 0 01 01 0 _ 0 0 _ ___ 0 0 _ 0 0 _ 0 0 0 56 82 18:15 OJ 311 71 0 01 0 0 __ 0 __ 0 ___ 0 0 0 0 0 42 B3 18:30 0 29 6 0 0 0 0 0 1___ 0 0 __ 0 D 0 0 0 0 0 36 84 18:45 Oi_ 23f 9 t 0 01 __ 0 0 0 0 0 0 0 32 85 19:00 0 151 5 0 OI 0 0 0 0 0 0 0 0 0 20 86 19:15 0 18 5 0_ 01_ 0 0 0 0 0 0_ 0 0 0 0_ 0 23 87 1930 0 12 _ 3 0_ 0 0 0 0 1 0 0 0 0_ 0 16 88 19:45 0 19 _ 3 0 1 0 0 0 0 0 0 0 0 0 0 23 89 2000 0 15 1 0 01 01 0 0 0 0 0 0 0 0 0 16 90 20:15 0 G 1 0 0 0 0 0 0 0 0 0 0 0 0 7 A 0 I C I D E F G H I J K L td I t4 1 O 1 P 0 91 20:30 01 131 0 0 0 0 OI 01 0 01 01 01 0 13 92 93 94 95 20:45 21:00 21:15 21:30 01 01 01 01 71_ 7 0 __ 0; 01 01 0' 01 0 _ 01 .__ 0 01 0 _ ___01_ 0 _ 0 _ _ 0 010 0 _ 0 0 0 _ _0 0 0 0 0 0 0 0 0 0 0 __ 0 0 0 0 0 0 ______0 0 0 0j -_ __.0 01 ___ 0 0 0 0 ___0 0 ____ 0 14 14 13 _ 11 1014 121 1 9 2 — 0 0 0 0 _0 0 0 0 __ 0 96 21:45 0 5 0 __ 0 01_ 0 0 0 _ 5 97 2200 0 7 6 _ 0 _ OF ____ 0 0 0 _ 00 13 98 2215 0 2 i 0 0 0 0 _ _0 3 ____0 0 0 0 0 0 0 0 _ 0 0 0 6 99 22:30 0 14 2 0 0 ----go 0 0 0 0 16 5 100 22:45 0 3 1 0 01 0 0 0 1 0 0 0 0 0 0 101 102 23:00 23:15 0 0j 4 0 —7 1 0 0_ 0 01 01 0 0' 01 0 01 01._—_ 0 1 0 — 0 0 1 _1 0 0 0 0 0 - .. 0 ol 0 _ U 0 0 — —_O 0 0 _ 0 0 0 5 9 103 23:30 — — 01 3�-- 0 0 4 104 23:45 01 11 2 0 01 01 0 0 0 0 0 0 01 0 0 3 105 106 Total __ I 01 i_ _____ ___I 37! 32; 2 -_ 25 ______. 39 4 ____.-.___.__I_.-- 0 0� ___ .__ 0 3476 2352� 958 ___ 27 0 0 107 Pcrcenta 000%I 67.66:51 2756,'c 0.78% 106551 092`,,1 006% 0.72% 112% 012% 000% 000% 0.00`,b 0.00% 0.00% 100.00% 85 The Traffic Group, Inc. renal 9h7-8411 M,00 www gaff wouo com Desdnpbon US I I between Brucetown Rd 6 Jeffs Way Laedude 39 25954 County Fredencs County VA Longsude -78 094842 RE . Wednesday, 111212022 Class 1 Class 2 Class 3 Class s Class 8 Class 6 Class 7 Class 8 Cass 9 Class 10 Cass 11 Class 12 Class 13 Class 14 Cass 18 All Classes Total 0 2465 990 27 47 29 1 17 59 2 0 0 0 0 0 3637 Percentages 000% 67 78% 27 22% 0 7a% 1 29% 0 80% 0 03 % 0 47% 1 62% 0 05% 0 00% 0 00% 0 00% 000% 0 00% 100 W Thursday, 111312022 Class 1 Class 2 Class 3 Class a Cta►s 5 Class 6 Class 7 Class 8 Class 9 Class 10 Class 11 Class 12 Class 13 Class is Class 15 All Classes Total 1 2585 1037 26 46 18 5 25 L' a 0 0 0 0 3 3797 Percentages 003% 6808% 2731% 068% 121% 0/7% 013% 066% 124% 011% 000% 000% 000% 000% 008% 100001-- ADT- 7110 Speed L n*- e6.00 MPH 86 A 8 C I D I E I F I G li I J K L M N 0 P 0 2 n Bmcetown Rd& :Description: US 11 between TSil. ID:000000000210 Jeffs way-_ Station Num:000000001000 I I 5 ___I_____ICounty: Frederick County, Virginia ----- ;Start Date/Time:01-12.2022 00:00 lEnd DaterTimc:01-12-2022 23:59 8 uo-.-Oo cl.—Ss T-�—Class 2-ilass 3JClass 01 4 Class 5 0 01 (Class 6 0101 1Clnss 7 Class 8- 0 cla-S-5 -9- Class 10 0 Class 11 0 Class12Class 0 13 0 Class 14 J class 15 0 0 All Classes 5 -10 1 -L 12 00:15 01 11 --- Of---7F �2 6'1 —3 01 0 0 01 01--- - oi —vi -- _0 0 0 — 0 0 --- -- 1 0 0 0 - 0 0 -6 0 0 0 0 0 -oi__-o 01 0 0 ---o 7 --- — Lo�— 00:45 0 --- - 0- o _0 -----o 9 -3 _13 4 L 61—.00 01 01 01 01 OIL 01 01 01 01- L, 01 0 01 01-- 0 0 0 _0 ____-0 -- - --0 0 1 -- 1 0 0 0 0 --o- 0 _0 c 0 __0---60 0 0 0 3 _ 01:30 --0 1 0 7I 0 , 2 -L5 _16 7 _L 01:45 — 1 01 __- ___ Di -- 0 0i 0, 0 0 0 0 — - o --o 1 1 1 0 o 0 --- -6 0 ---o _0 01 - - -----61 01 - — -- — 0 0 0 6 0 ----o 2 8 02:00 — 02:15 01 11 31 - - 01 71 0 - - 6 Oi 1 -.L8 02:30 01 0 0 0 3 01 1 01 ol ---- 61-0 ol 0:_-. 01- -9 ol 0 01 ol 0 ol ol 0 0 0 0 0 01- 0 0 ---Op 0 0 0 0 0 0 0 0 0 0 0 0 0 0-33 0 0 3 3 1 _L9 02:45 21 03:00 03:15 0 0 _L2 _L3 24 03:30 01— '!--- 011— oj ol 0 01 0 0 ol 0 0 0 0 1 0 0 ----o 0 01� ol oil 0 0 0 1 13 03:45 07 wo 2 25 26 27 04:00 04.-15 64-:30— 01 11 01 01 3; 01 21 01 01 01 01 ol 0' 01-- -01-- 0 01-0— - -- i— o; 61 0 01-- - -0!----- __O__ ol 0 0 01 2j_ 01_O 1 6 --- 01-- 0 0 01 0 0 -- --- ---- - - --- - 31 0 0 oi 0 0, 01 ol ol 11 0 L�A- — - — I I L=jo 11 11 0 0 _-o 1 0 --o - 0 0 0 0 1 -- --o 0 1 0 1 0 0 1 0 0 0 0 2 0 0 2 -- --- 1 1 1 1 -- - _2. 0 0 0 0 -- o 0 ---o 0 -- 0 00 0 0 __o 0 0 0 0 0 0 _____o 0 0 ____o o ---___09 __ 6 _ __ 0 0 0 0 0 ---o 0 0 0 oj-- 0 01 ______o 0_ 0 _9 0 01 -- — ol ol 01 01 ------ 0 — oi 0 01_ --o 0 0 o 0 --- - 0 Ol 0 — -- 0 01 01 0 01— 0 0 0 9 --- 0 0 ----6 0 0 0 ---O__ 0 0 1 4 9 1 7 28 64.45 65-00 of 91 � 0; 5 21— oj 71 41 5 161 8 0 _ I _ __ - 71 J— o _u 0 0 0 ---- 0 1 _ - 1 -Lq 30 31 _32 3 _L_ 34 35 05:15 65-.-30 06:00 O-C' -15 66 30--- 0 — 0 it 21 28 ------0 0 -- 0 0 22 —3-0 23 01 19 lof 0! 1 71 - - ol 81 13 36 45 0 36 _L7_ _L8 _39 -Lo- 41 07:00 07: 15 07:30 07:45 08:00 Of 2 8 ol 27j 131 0, 11�4� 21 01 0 6 0 1 0 0 0 33 41 26 01 71 19: 13 ol ol 0 34 08:15 01 161 9 11 0 ) ___0 — 0 - -- 0 0 ----o 0 0 0 0 0 —0 0 32 _42 43 08:30 _ �15 19 _---3 11 ------31 -- ---fl --- —0 1 1 o o 0 38 08:45 01 211 10 31 ol 01 0 0 0 0 0 -6 0 01 0 0 34 _44 45 09:00 01 0 1 2 0 0-- 0 0 0 0 --o 0 0 31 09:15 01 24 0 0 ---- —0 0 _0 34 -46 09:30 01 28 0 1 1 6 4-4 _47 48 49 50 09:45 10:00 01 201 10 --If 01 01 01 ol -0 1 1 0 i; 0---_1 1 1 21 0 --0 0 _-----0-- 0 0. 0 ---o 0 -_ _9 _0 ___ 0 0 ---0 31 38 ---50 10:15 ol 301 16 01 - - - - 0 0 51 101-30 0', 231 16 27._ 0 0 11 11 0 01 0 31 111 1 Of 01 0 0 0 0 o ---- 1 1 0 0 0 0 o OF ---Ol--- o 0 0 0 0 43 52 _L3 54 10:45 0 0 0 4 11:00 11:15 —__I_ 0 ol 321 14, 361 12 oi 0 0 0 0 0 0 0 52 49 5 11:30 01 311 21 421 231 0 ---- 0 .- -- 11 1 1 _0 1 0 0 _2 6 0 0 0 o o oI__ 0 0 0 0 55 67 56 11:45 01 12:00 0 251 161 1 —10 of 01 01 0 1 0 0 0 0 0 43 _57 58 12:15 10 — 321 241- 0 — --0 - 91- -----o 01 11 0 -0 0 1 1 ____o 0 ____o 6 0-- 6 _0 0 --- 0 0 0 0 48 58 12:30 ol _L9 60 12:45 01 31 22 0 3 01 0 0 0 0 0 0 0 0 0 56 61 _62 13:00 13:15 13:30 0 01 01 421 19 371 14 45 1 �o 0 1 oi _0 0 ---o 0 0 1 0 0-- 0 0 0 0 0 6 —6 0 0 0 0 5 ----o o 01 —0 0 67 GS _L3 13:45 32 19 1 0; 0 0 1 1 0 0 1 0 0 o 0 0 0 0 .— 0— 52 65 14:00 01 411 24 0 1 1 —0— 0 0 0 0 —0 68 66 T4—.-1 5 0 40 15 1 o o 0 0 0 — 59 67 14:30 41 14 0 1 1 01 o 0 0 ---o 2 0 0 0 0 0 0 0 58 -- 68 14:45 ol 3 W 4 _0 1 —2 ------0 -6 — _____o 0 0 0 0 61 C9 TS 0 _0 01 46 17 — 1 0 0 0 0 0 67 iO- 15—.15 0 51 29 0 1 0 0 0 1 0 0 o -----o 0 0 0-0 0 fJoo A 82 �l 5 �3O ---0 55 —28 —2 —OF 0.1-- 0 1 1 o _0 --o 6 0 66 77 -2 T5--45 01 77 33 —1 0 11 0 0 - 113 73 16:00 ol 601 31 2 ti ol 0 1 1 0 0 0 0 0 0 116 16:15 0 73 25 0 01 31 0 0 1 0 ---o 0 —0 0 ----o 0 0 0 102 _74 75 16:30 01 71 19 0 21 01 0 o —0 0 0 0 92 76 16-45 0 921 28 0 11 of 0 1 1 0 0 0 0 0 0 123 77 17.00 0 5 1 0 0 I 0 0 0 0 0 ill -7-8 — T7.15 -- 0 ----L ---� 7 23 0 0 1 ---- 1 0 - 0 0 0 0 0 0 104 79- 17 3-0 —0 —67 26 0 11 2 0 0 0 0 0 96 TOT 17--45 Ol 72 25 0 0 0 --- -1 -o ---- p 0 — - --- 0 0 -----o 0 0 99 81 16:00 0 61 20 0 01----0 0 — 01 0 0 I 0 0 0 0 0 0 -81 — 18:15 0 —48 —14 —0 0 o 0 0 0 0 0 0 62 _82 L3 18:30 — 0 — 45 13 — 0 — I 0 0 0 - 1 0 0 0 — 0 0 0 0 59 84 _18:45 0 36 12 0 — — 0 0 1 o o o 0 49 19:00 0 371 9 0 0 01 0 0 0 0 0 0 0 0 46 _85 19:15 0 381_ 5 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 44 -86 19:30 01 341 11 0 01 0 0 0 0 0 —0 0. 0 45 _87 19:45 ol 32 7 01 0 01 0 0 ol---- o ;o 6 0 0 39 -i8- 1 20 00 0 24 IA 0 of ol 0 �] 3 0 0 ---O� 0 0 0 31 H1,9, 2 0 !i 01 28 41 ol of 01 - 0 0 87 97 2 93 74- A 20:30 20:45 B 11 C D 01 201 5 01 191 2 5 01 121 0',191 4 E 0 0 0 F G 11 ol 11 ol 01-- ol 0, ol H 0 0 0 0 I 0 0 1 0 J 2 1 1 1 K 0 0 0 0 L 0 0 0 M 0: 0 0 6 I N ol ol--_ 0 o 1 0 0 0 0 ol P 0 0 0 o 0 28 2 il 00 2I—A5 19 24 95- !Z- 97 TI. 3 —0 21—.45 T2 OD 01 71 4 0 ol 0 0 0 1 0 1 0 ---0o --- - - 0 -___o 0 0 0 o 0 0 0 — 0 0 13 11 01 9L 1 0 Oi -61 01 12l 6 0 0 0 0 0 18 98 22:15 ill 1 0 0 0 21 0 ul 0 0 0 - --- — 0 0 0 -- -- 0 0 — --- 0 0 0 I. 0 0 - 0 ---- 0 0 —0 12 —12 �2.30 --ol 71 3 0 0 0 .-- 0 --- 0 7 _19 22:45 01 61 1 0, 0 0 -Loo- 1 23:00 — 01 121 1 1 u I ol 0 0 0 0 0 ol 0, 0 0— 14 _Lo .LO2 23:15 — 23:30 _ 0 31 0 0 ----o 01 0 - 0 I 1 0 ---o 0 0 0 0 -----o 0 ---- 0 0 0 0 1 ol 0 9 0 - --- 3 5 — 0, 3 *1 _LO3 104 23:45 01 21 0 0 -- 07 01 o o o 0 0 01. 0 0 0 2 05 106 4 --- 71- 291 1 17 59 2 6 -01 0 1 0 0 - —oo-m;j--TO-0-0-0-/. 3637 Tot.1 O'l 2465F— 9 --- 7 .L(L71 P c rc c n ta n 000',,.1 67.78cSl 27 2!,? 074.,. _ 1 2 9,, 1 0 80', 003% 0.05 9,16 000% 000%1 0 0-1 DUP 2 5 C I D I E I F I G T--H-T-i !Description: US11 between Brucetown Rd Jeffs Way -isle ID:0000000662TO— -j- -f iStation Num:000000001000 ) I County., Frederick County, Virginia --iStart Dateltim,.01-13-2022 06:60 _----- i K L M N 0 p 0 6 lEnd D.te[Time:01-13.2022 23:59 7 Class 1 IClass 2 ;Class 3 Class Glass 6 imass Class 8 Class 9 Class 10 Class 11 Class 12 !Class 13 ;Class 14 Class15Kit Classes 9 00:00 01 41 01 of 0, 01 01 0 0 0 0 OI of 0 0 4 _LO 11 -- 1-2 13 4 -L5 6 _L7 18 00:15 (36-3-0 01 21 01 31 —01 Of O,_ 01 1 0 i 2, -ij 0 2 0 01 0 11 1 1 0 1 01_ - 0101 ---- - - --- 00, 1, 0 i - O Oj-- - 01 Oi --6 0 01 0 of 01 01 -0 0 Oi 0 0 0 0 1 0 0 0 Of 0 0 0 0 0 0 0 0 0 0 0 0--0{--3 0 0 - 01 0 OF 01- 0 0 0 0 0 0 -----0 -- 0 0 6 Of -01— 0 01 0 -6 -6 0 0 0 3 3 60—:45 011:00 0 0 0 -0 -- 0 0 0 0 0 0. 0 0 0 0 2 —3 2 01:30 01:45 U.,00 02: 0 ------ 3 Of 1 0 0 0 1 8 2 02:30 01 0 -0 21- 0 0 -77:-Jol 0 0' 0' 0 -01___ 01 __O -6 i 67 0 0 --- 0 0 0 -- __O 0 0 -6 6 0 -----0 0 0 -6 0 0 0 _________0 0 01—_ -- 0 1 0 — 2 ---2 _!9 20 21 02:45 03:00 Oi Of-- 22 6-3:-15- 01 2; 1 01 of of 0 0— 0 0 0 0 0 of 0 3 23 -2T 4 63--30— �3.45 01 ------------------- - 01 3, 11 -- 5. 1 i =40 01 1! 01 o1- 0! 0, 01 0 -0 O� 0 0 0 0 0 0 0 0 4 9 04:00 01 3. 01 01 01 01 1 0 01 0 0 01 01 0 4 _L5 26 27 04:15 64-.30 01 01-- 9'--- 3 �3 1 Of - 0-- I-=--0I61- 0 OF ol o - 0 0 ---6 0 2 ---d OF 0 0 0 0 of__ -0 -6 qL01 0-:!§-- 0 0 0 99 0 2 15 78 64..45 0j-- 29 30 1 _32 33 5-5.—oo 05:15 0-5:3 —0 05:45 06:00 1 2 01--- 01 81 5 --7 Oj_ 15.,� 41 a 101 41 01 0 01 Oj 21 01 01 0 Oi 0 0 of 01 0 - 01 0! 0 0' 21 01 o 0 0 1 6 1 0 0 0 0 0 -1 0 0 0 0 6 0 0 -0 0 0 0 0 0 0 0 -0 0 1 01 - - - - - - OT -0 0 0 0 11 Ii) 0 0 0 —0 0 0 13 22 20 14 30— 34 66-.15 —61 181 6 6 06.3 01 16i AO 0 21 Oj_ 51- of --- 11 6 i 0 -0 i 0 '1 2 0 _______O 0 0 0 0 0 0 0 -0 0 0 0 A 0 —0 1 31 42 _15 _0 06:45 O� 22 0: 20; 1 _L6 37 07:00 0 0 28 5-7-:15— 0; 171 ill 01 01 01 01 2 1 0-0:j 0 01 1 32 -L8- 39 07:30 01 231 15 16 0 0 O�- -- 011- 01-- - -61 1 1 0 0 2 1 0 0._____0_____.0 0_0 1 0 Al ell 70- 67--45 01 271 41 08:00 01 141 14 0 11 21 11 0 1 0 0 0 01 0 0 33 ,4.2 08 15 0 221 9 1 0 0 0 0 0 _0 0 0 0 34 43 08:30 Ol 201 16 0 0 0 39 44 08:45 01 26 15 31 2' 11 0 1 1 0 0 0 0 0 0 49 45 09:00 0 24 11 1 11 01 0 _I I �O 01 0 0 0 0 0 0 0 0 0 0 --- 0 0 0 0 37 09:15 of _-261- 15 0 0 36 _�6 47 09:30 0 261 12 — - 2 __- 1 ---- 0 ---- 0 --- 0 0 — 0 44 09:45 01 30, 15 0! 21_ 11 0 11 0 - 6 1 9 0 - -- ---, 0 1 0 0 -- -----61 0 0 -- 0 0 01---- ---- 1 0 ---0'1-- 0 0 --0 0 48 _48 10:00 -- 01 211 191 -iijoj— 15 --ilo! 11 0 ---0 46 38 -Lg- 50 10:15 0.1 -LI 10:30 Of 261 1 14 "1 1 21 -01. 0 21 Ot O� 1 ---- 1 1 -1 0 -----0 0 0 1000 -0 1-- 0 0 - 0 0— 45 47 10:45 of 32 vi 01— 0 -L2- 11:00 0 0 --2 51 -L3 11:15 of 46! 161 if 31 01 0 0 1 0 0 0 0 0 67 _54 11:30 01 401 231 16 15 0 01 11 q 0 --if 0 01 01 01 0 0 -2 0 1 0 1 0 -0 1 0 -0 0 0 0 0 -0 0 0 0 0 0 0 66 .55 12:00 11:45 01 61 351 0 0 59 52 _57 _58 12:15 : 59F;F3-0 01 37 18 — 1 17• 1 — 01 Of 01 0 -- -1 i -0 0 1 0 ---.0 0 0 0 0 0 0 0 0 0 0 57 01 k4 0 63 TOF 12--45 Of 281 30 Of 01 01 0 0 0 0 0 0 0 0 0 58 61 13:00 01 4 14 11 Of 0 1 1 0 0 0 0 0— 0 0 57 13:15 01 41j 17 0 21 0 31 01 0 ____0 1 0 1 0 0 0 0 61 _6.2 13:30 01 42 18L 01 0 0 0 0 0 0 65 _j3 13.45 Of 45 17 2 1!--- 0 0 P 1 2 0 0 ___O 0 0 0 0 _ 0 0 67 _6.4 5 14:00 0 43 28 0 O� 1 0 0 --Ij 0 0 0 0 73 66 14:15 —0 —T3 —27 2 0 2 0 0 0 0 75 67 14:30 68 14:45 1 Of 54 52 16 24 1-7 _ 0 0 0 -of- 0 0� 010 0 1 0 0 0 0 0 0 7 0 0 0 0 0 0 0 0 77 69 15:00 01 441— 11 01 0 1 1 0 0 0 0 0 65 70 15:15 0 43 22 —0 2 0 1 0 0 0 0 0 0 —0 68 71 15:30 0 57 36 2 1 1 0 0 0 0 0 0 —0 0 98 115:45 0 98 25 0 0 0 127 _72_ 16:00 01 77 32 0 21 Of 0 0 1 0 0 0 0 0 0 112 _73 16:15 0 62 26 0 Of 11 0 0 0 0 0 0 0 0 0 89 _74_ 75 M30 do 85 27, 0' 11 Oj 0 — 0 6 0 0 0 0 0 0— IQ 16:45 0 8.2 39 Of 21 01 0 0 2 0 0 0 0 01 0 125 -76 17:00 0 25 0 0 0 0— 0,--0 0 01 1--o 0 1 0 0 -----0 0 0 0 0 0 102 _L7 78 117:115 — 0 0— 0 80 21 2 0-- 0 0— 0 6 0 0 103 17:30 01 76 23 0 0 0 0 0 0 100 80 _L9 17:45 0 66 22 0 0 0 0 0 0 0 -0 3 0 0 — 0 0 0 0 Of 18:00 0 5 22 0 0 0 0 0 0 0 0 78 .LIL 18:15 — 0 49 19 0 0 01 01 0 6 0 68 .L2 83 18:30 0 42 13 0 0 0 0 0 0---- 0-- 0 0 0— 0 0 55 84 L 8 45 0 37 13 0 0 0 0 0 1 0 0 0 0 0 1 51 0 31 9 0 —001 0 0 0 0 0 0 0 0 0 41 01 34 9 0 0 0 0 0 0 0• 0 1 1 -0 0 0 0 0 —0 0 0 0 0 43 7 19:30 0 37 _i 1 0 = 0 0 0 6 0 48 88 19:45 0 30 3 0 0 0 0 0 0 0 0 33 — 89 20,00 01 26 51 01 0 11 01 1 0� 0 0 0 0 0 33 1 907120-176 01 281 4 0 01 01 0 --0 0 0 01 0, 0 01 0 0 32 89 A 13 1 C I D E F G I Fl I J N L M tJ O P 0 91 20:30 0: 141 8 0 11 01 0 0 1 0 0 0 01 0 0 2A 92 93 94 20:45 21:00 21:15 01 211 8 _ _ 01 181 2 01 16 2 0 0 0 __ 11 _ 01 0 0!_0�_. 0 01 b' 0 1 0 0 2 _ 0 0 0 0_I 0 0 0 0 07 _ 0 00 01 0 0 0 0 0 0 _ 0 0 33 20 18 95 2130 01 141 2 0 _ 01 _-_.__01—_— - 0 Ol 0 _—_—� 1 __—_- 0 0 __--d 0 0 . —__.- 6 0 __.... 0 0 2 0 0 --0 0 0 0 0 0 _ 16 13 13 96 21:45 0� 81 4 0 97 22:00 01 10) 3 0 01 00 0 0 98 22:15 01 13 2 1 0 01 0 0 -- 01-- - -- -- -- 0_ 0 _ 0 0� 0 0 0 -- 0 0 0 - -- 1 —____ U 0 ---0 - —_ 0 0 -- —0 0 0 ---- 0 —_—.0 —_... 0 0 --- — 0 --- 15 99 100 22:30 -- Oi tAl 0 - 0 0 -- 0 0 — 0 — 15 -- 22:45 01 6�—. 1 -- 0 0 7 101 23:00 01 9i 0 0 01 Oi 0 0 0 0 0 0 0 0 0 9 102 103 23:15 Oi 81_ 1 0 01 01 0 0; 01— .— 0 0 -- O 0 0 0 0 0 _0 0 U 0_ —_. 0 0 0 0 0 9 3 23:30 _ 07 21 1 0 104 23:45 01 51 0 0 01 01 0 0 0 01 0 0 0 0 0 5 105_ 26 4G� 181 5 25 A7 7 0 0 0 ___ 0 3 3797 106 Total ii 25851 1037 107 Percenla 0OYA1 6808'%1 27.31% 088% 72 0.47%1 0.13% 066% 124% 0119'0 0.00% 0.00%I 00045 0.00% 008% 10000% 90 Appendix C Synchro LOS and Queue Reports 91 HCM 6th TWSC 1: Route 11 & Jeffs Way 02/04/2022 Int Delay, s/veh 0.3 ffk _NB_c N6-f- SbT SBV Lane Configurations t t r Traffic Vol, veh/h 0 5 3 431 241 0 Future Vol, veh/h 0 5 3 431 241 0 .Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None None Storage Length 0 450 - 175 Veh in Median Storage, # 0 - 0 0 - Grade, % 0 - -2 2 - Peak Hour Factor 92 31 92 88 82 92 Heavy Vehicles, % 0 0 2 2 2 2 Mvmt Flow 0 16 3 490 294 0 ------------ - Conflicting Flow All 790 294 294 0 0 Stage 1 294 - - - - Stage 2 496 - - Critical Hdwy 6.4 6.2 4.12 Critical Hdwy Stg 1 5.4 - - Critical Hdwy Stg 2 5.4 - - Follow-up Hdwy 3.5 3.3 2.218 Pot Cap-1 Maneuver 362 750 1 268 Stage 1 761 - - Stage 2 616 - - Platoon blocked, % Mov Cap-1 Maneuver 361 750 1268 Mov Cap-2 Maneuver 361 - - Stage 1 759 Stage 2 616 ---- ------------- HCM Control Delay, s 9.9 0.1 0 HCM LOS A �vlinor Lane/Major Wmt-'- NBL _N]bf'fff§Ln_!' Capacity (veh/h) 1268 750 HCM Lane V/C Ratio 0.003 0.022 HCM Control Delay (s) 7.8 9.9 HCM Lane LOS A A HCM 95th %tile Q(veh) 0 0.1 2022 Existing Conditions PM Peak Hour Synchro 11 Report Stowe Engineering Page 1 92 HCM 6th TWSC 1: Route 11 & Jeffs Way 02/04/2022 �ntersectian Int Delay, s/veh 0.4 j en __i -_-- - — _ - _EB__P, —NBL—NBT----___- - S_BT __ -SBR--- +AovemEBL Lane Configurations Y I t if Traffic Vol, veh/h 0 8 3 132 315 2 Future Vol, veh/h 0 8 3 132 315 2 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None None Storage Length 0 450 - 175 Veh in Median Storage, # 0 - - 0 0 - Grade, % 0 - -2 2 - Peak Hour Factor 92 50 38 82 93 50 Heavy Vehicles, % 0 0 0 12 3 0 Mvmt Flow 0 16 8 161 339 4 P6j6riWn6r Minor2 Ma'or1 Major2 I Conflicting Flow All 516 339 343 0 0 Stage 1 339 - - - - Stage 2 177 - - Critical Hdwy 6.4 6.2 4.1 Critical Hdwy Stg 1 5.4 - - Critical Hdwy Stg 2 5.4 - - Follow-up Hdwy 3.5 3.3 2.2 Pot Cap-1 Maneuver 523 708 1227 Stage 1 726 - - Stage 2 859 - - Platoon blocked, % Mov Cap-1 Maneuver 519 708 1227 Mov Cap-2 Maneuver 519 - - Stage 1 721 - Stage 2 859 )vroach EB NB SIB HCM Control Delay, s 10.2 0.4 0 HCM LOS B Minor Lane/Major Mvmt NBL NBT EBLn1 SBT SBR I Capacity (veh/h) 1227 708 HCM Lane WC Ratio 0.006 0.023 HCM Control Delay (s) 8 10.2 HCM Lane LOS A B HCM 95th %tile Q(veh) 0 0.1 2022 Existing Conditions AM Peak Hour Synchro 11 Report Stowe Engineering Page 1 93 HCM 6th TWSC 1: Route 11 & Jeffs Way 02/04/2022 Intersection Int Delay, s/veh 3.6 U_B---- - ---- o�emeni � � EBL EBR NBL _ _NBT_- S___fBT" _ SBR Lane Configurations y 't^ t if Traffic Vol, veh/h 22 69 75 462 258 22 Future Vol, veh/h 22 69 75 462 258 22 Conflicting Peds, Whr 0 0 0 0 0 0 Sign Control Stop Slop Free Free Free Free RT Channelized - None - None None Storage Length 0 450 - 175 Veh in Median Storage, # 0 - 0 0 - Grade, % 0 - -2 2 - Peak Hour Factor 92 31 92 88 82 92 Heavy Vehicles, % 0 0 2 2 2 2 Mvmt Flow 24 223 82 525 315 24 f vlajorlMinor Min or2 Major1 Major2 Conflicting Flow All 1004 315 339 0 0 Stage 1 315 - - - - Stage 2 689 - - Critical Hdwy 6.4 6.2 4.12 Critical Hdwy Stg 1 5.4 - - Critical Hdwy Stg 2 5.4 - - - Follow-up Hdwy 3.5 3.3 2.218 Pot Cap-1 Maneuver 270 730 1220 Stage 1 744 - - Stage 2 502 - - Platoon blocked, % Mov Cap-1 Maneuver 252 730 1220 - Mov Cap-2 Maneuver 252 - - Stage 1 694 - - Stage 2 502 4proach EB NB SB HCM Control Delay, s 14.7 1.1 0 HCM LOS B mor Lane/Major Mvmt NBL NBT EBLn1 SBT SBR' Capacity (veh/h) 1220 617 HCM Lane V/C Ratio 0.067 0.4 HCM Control Delay (s) 8.2 14.7 HCM Lane LOS A B HCM 95th %tile Q(veh) 0.2 1.9 2029 Design Year Conditions PM Peak Hour Synchro 11 Report Stowe Eng Page 1 94 HCM 6th TWSC 1: Route 11 & Jeffs Way 02/04/2022 [nterseclion Int Delay, s/veh 2.7 UnvPmeni V EBL EBR NBL NBT SBT' SBR Lane Configurations y T t ? Traffic Vol, veh/h 15 65 100 142 338 24 Future Vol, veh/h 15 65 100 142 338 24 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None None Storage Length 0 450 - 175 Veh in Median Storage, # 0 - 0 0 - Grade, % 0 - -2 2 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 0 0 0 12 3 0 Mvmt Flow 16 71 109 154 367 26 Mai&i inor Minor2 Malor1 Major2 Conflicting Flow All 739 367 393 0 0 Stage 1 367 - - - - Slage 2 372 - - Crilical Hdwy 6.4 6.2 4.1 - Critical Hdwy Stg 1 5.4 - - Critical Hdwy Stg 2 5.4 - - - Follow-up Hdwy 3.5 3.3 2.2 Pot Cap-1 Maneuver 388 683 1177 - Stage 1 705 - - Stage 2 702 - - - - Platoon blocked, % Mov Cap-1 Maneuver 352 683 1177 - Mov Cap-2 Maneuver 352 - - Stage 1 639 Stage 2 702 p proach EB NB SB HCM Control Delay, s 12.3 3.5 0 HCM LOS B Minor Lane1M� Mvmt NBL NBT EBLn 1 SBT SBR Capacity (veh/h) 1177 581 - HCM Lane V/C Ratio 0.092 0.15 HCM Control Delay (s) 8.4 12.3 HCM Lane LOS A B HCM 95th %tile Q(veh) 0.3 0.5 2029 Design Year Conditions AM Peak Hour Synchro 11 Report Stowe Eng Page 1 95 HCM 6th TWSC 1: Route 11 & Jeffs Way 02/04/2022 intersection Int Delay, s/veh 3.4 `vtovement EBL EBR NBL NBT SBT SBR Lane Configurations 'Xj f t it Traffic Vol, veh/h 21 65 71 435 243 21 Future Vol, vehlh 21 65 71 435 243 21 Conflicting Peds, Pir 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None None Storage Length 0 450 - 175 Veh in Median Storage, # 0 - 0 0 - Grade, % 0 - -2 2 - Peak Hour Factor 92 31 92 88 82 92 Heavy Vehicles, % 0 0 2 2 2 2 Mvmt Flow 23 210 77 494 296 23 Major/Minor Minor2 Majbr1 Major2 ? Conflicting Flow All 944 296 319 0 0 Stage 1 296 - - - - Stage 2 648 - - Critical Hdwy 6.4 6.2 4.12 Critical Hdwy Stg 1 5.4 - - Crilical Hdwy Stg 2 5.4 - - Follow-up Hdwy 3.5 3.3 2.218 Pot Cap-1 Maneuver 293 748 1241 Stage 1 759 - - Stage 2 524 - - - - Platoon blocked, % Mov Cap-1 Maneuver 275 748 1241 - Mov Cap-2 Maneuver 275 - - Stage 1 712 - - - Stage 2 524 - Approach EB NB SB HCM Control Delay, s 13.8 1.1 0 HCM LOS B Viri ,i I iinelAAaior Mvmt 1 NBL NBT EBLn1 SBT SBR' Capacity (veh/h) 1241 640 HCM Lane V/C Ratio 0.062 0.363 HCM Control Delay (s) 8.1 13.8 HCM Lane LOS A B HCM 95th %tile Q(veh) 0.2 1.7 2023 Buildout Conditions PM Peak Hour Synchro 11 Report Stowe Engineering Page 1 96 HCM 6th TWSC 1: Route 11 & Jeffs Way 02/04/2022 ntersection __� Int Delay, s/veh 2.6 _.___..._ Movement EBL _..___._..._..__- EBR NBl_ _ -_.. NBT _._..._ SBT _...__-.--__._...._._._...__ ... ...-. __._... _............. . .. ------ SBR Lane Configurations t t Traffic Vol, veh/h 14 61 94 133 318 22 Future Vol, veh/h 14 61 94 133 318 22 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None None Storage Length 0 450 - 175 Veh in Median Storage, # 0 - 0 0 - Grade, % 0 - -2 2 - Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 0 0 0 12 3 0 Mvmt Flow 15 66 102 145 346 24 �IajodMinor Iylinor2 ._...... ------- tyiajor1 Major2 Conflicting Flow All 695 346 370 0 0 Stage 1 346 - - - - Stage 2 349 - - Critical Hdwy 6.4 6.2 4.1 Critical Hdwy Stg 1 5.4 - - Critical Hdwy Stg 2 5.4 - - Follow-up Hdwy 3.5 3.3 2.2 Pot Cap-1 Maneuver 411 702 1200 Stage 1 721 - Stage 2 719 - Platoon blocked, % Mov Cap-1 Maneuver. 376 702 1200 - Mov Cap-2 Maneuver 376 - - Stage 1 660 - - - Stage 2 719 Approach EB NB SB HCM Control Delay, s 11.9 3.4 0 HCM LOS B inor Lane/Maior Mvmt NBL NBT EBLn1 SBT Capacity (veh/h) 1200 - 604 - HCM Lane WC Ratio 0.085 - 0.135 HCM Control Delay (s) 8.3 - 11.9 HCM Lane LOS A - B HCM 95th %tile Q(veh) 0.3 - 0.5 2023 Buildout Conditions AM Peak Hour Synchro 11 Report Stowe Engineering Page 1 97 HCM 6th TWSC 1: Route 11 & Jeffs Way 02/04/2022 intersection I Int Delay, s/veh 2.3 �4ovement EBL EBR NBL NBT SBT SBR Lane Configurations Y '� + t Traffic Vol, veh/h 5 50 53 435 243 6 Future Vol, veh/h 5 50 53 435 243 6 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None None Storage Length 0 450 - 175 Veh in Median Storage, # 0 0 0 - Grade, % 0 - -2 2 - Peak Hour Factor 92 31 92 88 82 92 Heavy Vehicles, % 0 0 2 2 2 2 Mvmt Flow 5 161 58 494 296 7 wlator/tylinor Minor2 Major1 Maj6r2 i Conflicting Flow All 906 296 303 0 0 Stage 1 296 - - - - Stage 2 610 - - Critical Hdwy 6.4 6.2 4.12 - Critical Hdwy Stg 1 5.4 - - Critical Hdwy Stg 2 5.4 - - Follow-up Hdwy 3.5 3.3 2.218 Pot Cap-1 Maneuver 309 748 1258 - - Stage 1 759 - - Stage 2 546 - - - - Platoon blocked, % Mov Cap-1 Maneuver 295 748 1258 - Mov Cap-2 Maneuver 295 - - Stage 1 724 - Stage 2 546 - p,pproach EB NB SB HCM Control Delay, s 11.6 0.8 0 HCM LOS B Minor Lane/Major Mvmt NBL _Nff EBLnl SBT SBR Capacity (veh/h) 1258 712 HCM Lane V/C Ratio 0.046 0.234 HCM Control Delay (s) 8 11.6 HCM Lane LOS A B HCM 95th %tile Q(veh) 0.1 0.9 - 2023 Background Conditions PM Peak Hour Synchro 11 Report Stowe Engineering Page 1 98 HCM 6th TWSC 1: Route 11 & Jeffs Way 02/04/2022 jntersection Int Delay, s/veh 3.8 Cement EBL EBR 'NBL NBT SBT SBR _ Lane Configurations Y t t r Traffic Vol, veh/h 5 53 85 133 318 11 Future Vol, veh/h 5 53 85 133 318 11 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None None Storage Length 0 450 - 175 Veh in Median Storage, # 0 - 0 0 - Grade, % 0 - -2 2 - Peak Hour Factor 92 50 38 82 93 50 Heavy Vehicles, % 0 0 0 12 3 0 Mvmt Flow 5 106 224 162 342 22 f�6jor/Minor Minor2 Malo�1 Major2 Conflicting Flow All 952 342 364 0 0 Stage 1 342 - - - - - Stage 2 610 - - Critical Hdwy 6.4 6.2 4.1 - Critical Hdwy Stg 1 5.4 - - Critical Hdwy Stg 2 5.4 - - - Follow-up Hdwy 3.5 3.3 2.2 Pot Cap-1 Maneuver 290 705 1206 - Stage 1 724 - - Stage 2 546 - - - Platoon blocked, % Mov Cap-1 Maneuver 236 705 1206 - Mov Cap-2 Maneuver 236 - - Stage 1 589 - - Stage 2 546 Ppproach EB NB SB HCM Control Delay, s 11.8 5 0 HCM LOS B 4inor Lane/Major Mvmt NBL NBT EBLn1 SBT SBR Capacity (veh/h) 1206 643 - HCM Lane VIC Ratio 0.185 0,173 HCM Control Delay (s) 8.7 11.8 HCM Lane LOS A B HCM 95th %tile Q(veh) 0.7 0.6 - 2023 Background Conditions AM Peak Hour Synchro 11 Report Stowe Engineering Page 1 99 Appendix D Generalized Development Plan 100 PRELfM NARY MART/NSBUI@i PIKE AT $/ T F f L A N r rnRil JEFF S WAT- PRCTOT'I'PE: 1748E E DEVELOPER DESIGNER DATE: r, DWSALES 6F. 17387/5531 CC:.A10 /NVE5TPIENT CO. LLC CO: -Ir-O INVESTMENT CO. LLC 11-4-21 % REAGE: 1.43 AC •/- NAME: GENE ESIFL' UN NAM TIM DlNAUAY SCALE • NTS 'ARlUN6 SPACES: 5E F4-� •. 665-740-WW PHONE •. 065-200-4770 - - _ - - 5 9 E T I I � m� .A I � PROP05ED � DOLLAR OENUM x 80' I° I k m r 50 SPACES 61 e I m A Ia I l,E.4VW DUTY PAVING "1 -- — —..!_...— I m g I a� - - - 0 - - - - 300 .; - y 1 i 1 I I1 1 I i t 101 REZONING APPLICATION #02-22 R&J LAND DEVELOPMENT Staff Report for the Planning Commission Prepared: April 22, 2022 Staff Contacts: M. Tyler Klcin, AICP, Senior Planner Reviewed Action Planning Commission: 05/04/2022 Pending Board of Supervisors: 05/25/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 0.5/04/22 PLANNING COMMISSION MEETING: This is an application to rezone 1.444 acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444 acres from B3 (industrial Transition) District to B3 (Industrial Transition) District with amended proffers. This rezoning application modifies approved land uses associated with Rezoning Application (REZ) #01-06. The intended use of the proposed B2 zoned parcel is a general merchandise store (Dollar General). This site is located within the SeNver and Water Service Area (SWSA) and is located within the liillits of the Northeast Land Use Plan of the Comprehensive Plan. The Coillprchensiye Plan envisions tills area of the County as "business," the proposed B2 (General Business) District is consistent with the future land use plan. Followin, a public hearing, a recommendation rggardin, this rezoning application to the Board o Srrperi,isors ii,onld be appropriate The Applicant should be prepared to adequately a(Uress all concerns raised by the Planning Commission. Rezoning #02-22 R&.I Land Development April 22. 2022 Pa 2 This report is prep«red by the Fre(lel'lck Count), P1a11ning Staff to provide lnformutloll to the Planning Commission and the Bollr'd of Supervisors to assist them in pirrl(ing a decivio 1 on this application It my), also be useflrl to others interested in this zoning hatter. Unresolved issues concerning, this applications are noted by staff where releVlntt throughout this staff report. PROPOSAL: To rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444- acres from B3 (Industrial Transition) District to B3 (Industrial Transition) District with amended profi'crs. This rezoning application modifies approved land uses associated with Rezoning Application (REZ) #01-06. LOCATION: The properties are located northwest corner at lntcrscctlon of MartinsbUl'g Pike (Route 1 1) and Jeff's Way. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D and 33-A-123E PROPERTY ZONING: B3 (Industrial Transition) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: Interstate 81 Use: Residential Use: Residential Use: Residential/Agricultural Use: Interstate Rezoning #02-22 R&.I Land Development April 22. 2022 Page 3 REVIE«V EVALUATIONS: Planning & Zoning: I) Site History The original Frederick County Zoning map (U.S.G.S. I11\vOOd Quadrangle) ldeiltifles the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Arcas) District upon adoption of. an anlerldnlcrit to the Frederick County Zoning Ordinance oil May 10, 1989. The corresponding revision ofthe zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. Rezoning Application #01-06 (approved March 22, 2006) rezoned the subject properties to B3 (industrial Transition) District. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves aS the COillllllilllty'S guide for making decisions regarding development, preservation, public facilities and other key Compollcllts Of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. it is in essence; the Plan is a composition Of policies used to plan for the future physical development ofTrederick County. The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning CITorts Of the County. C011lprehen.yive Plan Land U.ve Compatibility The Northea.vt Frederick Land Use Plan of the Comprehensive Plan provides guidance on the future development of the property. The Plan identif ics these properties with a "business" land use designation; the property is also withiil the limits of the Sewel' and Water Service Area (SWSA). The existing B3 (Industrial Transition) zoning is generally consistent with the goals of the Comprehensive Plan. The proposed B2 (General Business) zoning on 1.444-acres is also consistent with the goals Of the Plan. The intent of the B2 District is to provide large areas fora variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to ma_lor thoroughfares and Should be properly separated from residential areas. 3) Access & Transportation The site will have commercial access from .Jeff's Way, as required by approved RLZ #01-06 proffers. The traffic study included with application shows that the proposed general Rezoning #02-22 R&I Land Development April 22, 2022 Page 4 merchandise store (Dollar General) r/oe.ti not nega/ivcly impact !rr.. is operations a! the (nlersect on of Roule 11 and J(,//'.s Wa>>. 4) Potential Impacts & Proffers The rezoning proposes only, a change in the land use of 1.444-acres to the B2 (General Business) District. All the other proficrs, including site access, associated with the original REZ #01-06 remain unchanged. Virginia Dept. of Transportation: Please see allac•hed letter from 1/DOT Baled Allarch 10, 2022 addressed from Bradley S. Riggleman, P.E. Frederick Water: Please attached lellerfi•om Eric Lawrence, Executive Director, dated Februcny 24, 2022. Frederick County Fire Marshall: Plan approved. Frederick County Public Works: We ofTer no additional Comments at this time County of Frederick Attorney: Please see allached letter from Roderick B. Williams, County A!lornev Baled April 1, 2022. Following a public hem•in„ a recommendation regarding this rezoning application to the Board of Srrper►,isors would be appropriate. The Applicant shollld be prepared to adegitatelt, (Jdlh'ess all concerns raised by the Planning Commission. Application Parcels Sewer and Water Service Area 150 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 600 Feet Moo Created: April 12. 2022 REZ # 02 - 22: R and J Land Development, LLC PINS: 33 A - 122A, 33 - A - 123, 33 - A - 123C, 33 - A - 123D, 33 - A - 123E Rezoning from B3 to B2 and B3 to B3 Zoning Map top L �a 4 REZ r. REZ #02-22 J �. RE;#02 222 Application Parcels Sewer and Water Service Area 82 (General Business District) B3 (Industrial Transition District) M1 (Light Industrial District) JF'`FS • - �qY\ M 600 Feet 3656 MAVINSRURG ►1KE aiBrw� 11 6RUC 0 n wt S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 MoD Created: ADO 12. 2022 REZ # 02 - 22: R and J Land Development, LLC PINS: 33 A - 122A, 33 - A - 123, 33 - A - 123C, 33 - A - 123D, 33 - A - 123E Rezoning from B3 to B2 and B3 to B3 Long Range Land Use Map t _ C@3CD j - zel JEREMUIN LN j ca) REZ #02-22 REZ ; 02-22 MOW o JFFF REZ 1$02-22 --0 REI v02-22 -� 004 M rm x j REZ #02-22 mIJ�J ' ;,pp.cation Parcels Sewer and Water Service Area Long Range Land Use Q Business - Industrial C�t>f `nrI Rural Community Center J599 MARTINSRURG IIKE 0 150 300 !a i !a I_ troop 4 R yRUcilOWN RO 1 t N WE S Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 600 Feel Mao Created: April 12. 2022 To be completed by Planning.Sta . Zoning Amendme t u I Date Received S- z z Fee Amount Paid Anticipated PC Nearing Date -~ _ Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: R&J Land Development, LLC Specific Contact Person if Other than Above: Address: 1631 Redbud Road, Winchester, VA 22603 Telephone: 540.974.6768 Name: Jeff Jenkins Specific Contact Person if Other than Above: Address: Telephone: Email: Jeff@pineknollconstruction.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: JMB Investment Company, LLC Specific Contact Person if Other than Above: Remon Farhat Address: 325 Erin Drive Knoxville, TN 37919 Telephone: 865.200.4770 Email: remon@schaadbrown.com 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Stowe Engineering, PLC Specific Contact Person at Firm: Tim Stowe Address: 103 Heath Court, Winchester, VA 22602 Telephone: 540.686.7373 Email: timstowe@stowecompanies.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Dollar General store 5. Property Information: a. Property Identification Number(s): 33 A 123 b. Total acreage of the parcel(s): 2.71 c. Total acreage of parcels) to be rezoned (if other than whole parcel(s) is being rezoned): 1.444 d. Current zoning designation(s) and acreage(s) in each designation: 2.71 ac @ B3 e. Proposed zoning designation(s) and acreage(s) in each designation: 1.444 ac @ B2, 1.27 ac @ B3 f. Magisterial District(s): Stonewall g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): northwest corner at intersection of Route 11 and Jeffs Way h. Adjoining Properties: Parcel ID Number Use 70_ nine 33 A 123D undeveloped B3 33 A 122 residential RA 33 A 124D residential RA 33 A 125 residential RA Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 7. Signattn•e(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Super visors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Owner: If signing on a Date � " atity and your title: Date'4— — If of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Prederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible frorn the road right-of-way until the hearing. 1 (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if arty); Date 2-?— �?— 2-- If signing on behalf of an entity, please state name of entity and your title; If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 217d.floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address NameRU Land Development 1631 Redbud Rd Winchester, Va 22603 Property #33-A-123D NameKristen Nickerson 3599 Martinsburg Pk Clearbrook, VA 22624 Property #33-A-122 Name Frederick Stronko 3656 Martinsburg Pk Clearbrook, VA 22624 Property #33-A-124D NameMV Winchester LLC 794. Center Street Herdon, VA 20170 Property #33-A-125 NameBarbara Devers P.O. Box 212 Clearbrook, VA 22624 Property #33-A-121 NameMSD Investments LLC 300 Westminster Cantergury Dr #424 Winehester,VA 22603 Property #33-A-114A Name Property # Name Property # Name Property # 16 PROFFER STATEMENT REZONING: RZ It 02-22 PROPERTY: 16.886 acres Parcels 33-(A)-122A, 123, 123C, 123D, and 123E RECORD OWNERS: R&I Land Development, LLC PROJECT NAME: Clearbrook Business Center ORIGINAL DATE OF PROFFERS: March 2, 2006 REVISION DATES: April 8, 2022 MAGISTERIAL DISTRICT: Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby offers the following proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve this Rezoning Application 1101-06 for the rezoning of 15.444-acres from Industrial Transition District (B-3) to Industrial 'Transition District (B-3) with proffers, and 1.444-acres from Industrial Transition District (B-3) to General Business District (B-2) with proffers, and development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such are approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development. LLC from Linda J. Vorous as recorded in the Frederick County Circuit Court Clerk's Office as instrument 050002818 dated February 9, 2005, and from Junior L. Domer as recorded in the Frederick County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. References herein to "the property" or "this property" are to the 16.89+/- acres comprised of parcels 33-(A)-122A, 33-(A)-123, 33-(A)-123C, 33-(A)-123D, and 33-(A)-123E. Pr flfffers. A. On -Site and Off -Site Improvements 1, Transportation Page 1 a. Access Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. This entrance will provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. Additional Lane The owner hereby proffers to construct a 12' lane onto Route 11 along the site road frontage. This 550' long lane will be built to VDOT requirements. This will be built prior to applying for and obtaining any building permits. [Obligation has previously been satisfied]. c. Interparcel connections The owner hereby proffers one interparcel connection along the northern boundary and one interparcel connection along the southern boundary. These roads and connections will be constructed to VDOT requirements and shown on the Master Development Plan. d. Signalization The owner hereby proffers to contribute a prorated share to the cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The Final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). The agency will also determine when this improvement will be warranted. The owner shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT. The owner also proffers an additional $2,500.00 with the prorated amount to be applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also determine when this improvement will be warranted. [Obligation has previously been satisfied] e. Right of Way Dedication The owner hereby proffers to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) right of way. The dedication will take place prior to site plan approval. [Obligation has previously been satisfied]. 2. Monetary Contributions - Fire & Rescue a. In recognition of the increased demand on public services, the owner hereby offers the following cash contributions to be paid at the time of building permits. Tile term "building square foot" shall be the combined floor area for each story. The owner hereby voluntarily proffers a cash contribution to the Frederick County Fire and Rescue Department $0.10 per building square foot. Page 2 3. The owner hereby voluntarily prohibits the following uses a. SIC 5541 -"Gasoline Service Stations" i. Automotive service stations - retail ii. Filling Stations, gasoline - retail iii. Gasoline and Oil -retail iv. Marine service stations - retail v. Service Station, gasoline - retail vi. Truck stops - retail b. SIC 4231 -"Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation" c. SIC 4741- "Rental of Railroad cars" d. SIC 5231 - "Paint, Glass, and Wallpaper Stores" e. SIC 5271 - "Mobile Home Dealers" f. SIC 79 - "Amusement and recreational services operated indoors" 4. The owner hereby proffers to limit the total building square footage for SIC 42 - Motor Freight Transportation and Warehousing" and SIC 47 - "transportation Services" to a combined total of 20,000 square feet or less. S. The owner hereby proffers to limit the total building square Footage for SIC 52 - "Building Materials, Hardware, Garden Supply, Mobile Home Dealers, and Retail Nurseries" to a combined total of 20,000 square feet or less. 6. The owner hereby voluntarily prohibits the combined building floor area not to exceed 128,000 square feet on this site. The owner further proffers that a "restaurant use" as defined by SIC 581shall not exceed 8,000 square feet of the 128,000 square feet of the building combined floor area. 7. The owner hereby proffers a "Full Screen" buffer as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreen trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. 8. The owner hereby proffers the following corridor enhancements along the frontage of Route 11, Martinsburg Pike: a. The owner M11 construct a split rail fence along the road frontage. [Obligation has previously been satisfied. b. The owner will not allow any parking lots to be constructed between the buildings and Route 11. This applies only to the buildings nearest to Route 11 and not inside the park. c. The owner may erect a single monument style sign with the parks name and list- of businesses operating on the property. The owner will not install any signs between the buildings and Route 11 other than this one monument sign. Page 3 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. OWNER SIGNATURES ON FOLLOWING PAGES Page 4 Respectfully submitted, R & J JAND DEVELOPMENT, LLC, ''14 1' vap By/[ tf . Jenkins Its: Managing member ;� •�. ' 97WEALT /SPATE F — ► �( 1 I� !�—� ®';��,��e?,.. ©`�,,•. 'OUNTY CITY O _ ��Wlt. 97 AThe foregoing Proffer Statement was acknowledged before me this day of , 2022, by Jeffery G. Jenkins, Managing Member of R & J Land Development, LLC. 4Nota4ryvuPic My Commission Expires: ,4q Notary Registration I/ �� - ;; KELLI NOTARY PUBLIPUBLI D C 33 A- REGISTRATION # 7021 142 �P COMMONWEALTH OF VIRGINIA r R & J D DEVELOPMEN LLC By: Rosanna M. en Ins Its: Managing member C7C0LTNT7U WEALTH�69A(_ ) ITY OF ) to -wit: T e foregoing Proffer Statement was acknowledged before me this day of 2022, by Rosanna M. Jenkins, Managing Member of R & J Land Development, LLC. Notaey Public My Commission Expi74ah��__ 1131— Notary Registration It a J IC 1• � Page 5 r..ri:�nc.�-•'�r�n� -��i,crf a:r-�—•aar.ors,.-v-�,•.; �! r. KELLI J. RICHARG ; 1 NOTARY PUBLIC i y r REGISTRATION dr 7021 1 A 2 COMMONWEALTH OF VIRGINI, �(, 0Si23 Ce Rt 6 j ROda SITE QUARRY y�Rty�//Rodd EXIT o 6j? 321ZAZ V MAP 1CINI 0 0' RY FINAL PLAT OF MINOR SUBDIVISION ON THE LANDS OF R & .J LAND DEVELOPMENT, LLC STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 4, 2022 OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBD VISION SURVEY OF THE LAND 1 LAND DEVELOPMENT, LLC, AS APPEARS ON THE ACCOMPANVIIEPLAVS WITH THE CONSENT OF A IN AC ORDANCE WITH THE D RES OF THE UNDERSIG)ED OWNERS, PR TOAND TRUSTEES, IF ANY. S Nr. JLNKIN5, NANAbt7H SIGNATURE - ROSEA M. 1ENKXS, MANAGER COMMONWEAL TH OF VIRGINIA CIT' O_UN TY,DF dC6 (_IC- , TO WIT: THE FOREGOING OWNER'S CERTIFICATE bVA ArOWLEDGED BEFORE METHIS -h-e— DAY OF �' �% 12022 PRIA'TEO NAME 0 OWNER PR VIM KEW J. RICHARD ^ 11 a SIG ATURE NOTARYPUBLIC NOTARY PUBLIC .. '�TPATION # 7021 142 ITALTH OF VIRGINIA b �v� �i ��C„Y....•.. U MY COMMISSION EXPIRES m..........-K.-.. �...--+....r..... �-^ SEAL SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THE PARCELS CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY ARE THE LANDS CONVEYED TOR & 1 LAND DEVELOPMENT, LLC, BY DEED DATED JULY 14, 2005 AS INSTRUMENT 050017342 AND BY DEED DATED FEBRUARY 9, 2005, AS INSTRUMENT 050002818 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE. fLs Ile r3� Y Rl OATES, LAND SURVEYOR APPROVALS 4 /7 l___) 33-(A) -123D R & J LAND DEVELOPMENT, LLC #030022368 ZONED: B-3 8.615 ACRES 50' R. 0. W, - THE COUNTY OF FREDERICK WES L UKE DRIVE 33-(A)-123C R&JLAND DEV., LLC -030022368 ZONED: B-3 1.037 ACRES 33-(A)-122A R&JLAND DEVELOPMENT, LLC #050002818 ZONED: B-3 USE: AGR. 3.116 ACRES LEGEND AGR. = AGRICULTURE RES, = RESIDENTIAL R. 0. W. = RIGHT OF WAY O = PROPERTY CORNER FOUND © = 5/8"X24" IRON ROD SET ROUTE 11 - MARTINSBURG PIKE 90' R. 0. W. 100, 0' 100, GRAPHIC SCALE S 27°58 56" W - 167,15' 35' BRL 7— -- -- 7 33-(A)-123E R & J LAND DEVELOPMENT, LLC #030022368 ZONED: B-3 - 1.262 ACRES 0 I k6 I � I m ml I� �I I I I w 15 — ' BRL — I o N 27058'S6" E - 207.70' r 15, BRL —I I I � I 33-(A)-123 I R&JLAND DEVELOPMENT, LLC #030022368 0 ^' ZONED: B-3 1.444 ACRES Ic �I I� �I I I 50'BRL 33-(A)-125 MV WINCHESTER, LLC #160012578 ZONED: RA USE: AGR. f14.5 ACRES O C 1 O 5/8 "IRF f750' TO RT 671� • CEDAR HILL RD. RADIUS ARC DELTA BEARING CHORD DIRECTION C-1 11509.16 199.37' 00°59'33" S 28040'I5" W 199.36' C-CW C-2 25.00' 39.19' 89°48'28" S 73004'42" W 35.30' C CW C-3 25,00' 39.27' 90000'00" N 17001'04" W 35.36' (--CW NOTES 1. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC IN FEBRUARY 2022. 2. THE BASIS OF MERIDIAN IS BASED UPON SURVEY RECORDED AT DEED BOOK 567 ON PAGE 557. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT mn, -AA nc n-E7AACTCI)V 1ATT7-LITAI rl (-)Cr- Doll VIM TTV rn TI-IF RnIIAIndRV I TAIFS -r; c. 0 0 -4 - v1KGINIA: FREDERICK COUNI'Y.SCT This instrument of writing was projduced to mgeo�,A,� n 5— 2S-1daa at I O I�" l (/`" and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ (1 I , and 58.1-801 have been paid, if assessable , Clerk IMPACT ANALYSIS STATEMENT R&j Land Development - Dollar General Introduction This project involves constructing 12,480 square foot variety store on 1.444 acres in Clear Brook, Frederick County, VA. The project is west of Route 11, east of 1-81, and south of Cedar Hill Rd (Route 671). Access to the site will be from Jeff's Way. Figure 1 shows the location of the project. The parent parcel of which the proposed B2 area is a part, was rezoned to B-3 in 2006 with rezoning RZ# 01-06. To create the proposed B-2 zoned area, the proffers for rezoning RZ# 01-06 are revised to maintain originally proffered conditions and account for proffers floor areas. Figure 1 Project location map The rezoning site is currently vacant and undeveloped. The site is bounded by Route 11 to the east, undeveloped land, and 1-81 to the west. To the north is more undeveloped land with sparse residential units, and to the south is the Pine Knoll Construction office. 1 Site Suitability 100 Year Flood Plains — The site is outside of the 100-year flood plain as can be seen in the FEMA flood hazard mapping shown in Figure 2. National Flood Hazard Layer FIRMette , FEMA e�w pis se'a �� • , I Frederick Count• AREA OF MINIMAL F 00 % D 510063 ! j Proj6ct Locatio Feet 1:6,000 "' i4•�s 0 250 500 1,000 1,500 2.000 Ba•«nao USGS N.tlond Moo OrtAama[rr Dot* m(r"hod Octobw. 2020 Figure 2 Floodplain Map Wetlands — A desktop review of the US Fish and Wildlife Service's National Wetland Inventory mapping shows there are no known wetlands on the site. See Figure 3 K National Wetlands Invento R&J Land Development Rezoning rti �..o . rd p.wr .Y.ro a.r rlr us r.s.ria w�ae ew. d.Yw� en M rni M..anas wYrO O�Y NaM Wetlantic Finawaitw Emwperd Wetland Lake '..^.^. rraarrowsY rw.�.rsse wYmsY ,r.r.,s sYoor we rr Estwnne and Mame DeepwaW . Fresttwelw Fm*%WdVvW Wetland O"M Estwrne and Mama WDOMW ■ Few Fond Rivertne Figure 3 National Wetland Inventory Map Steep Slopes — Based on field observations and 5 ft contour mapping provided by the Frederick County GIS, the site has been found to be generally flat, without any steep slopes. Mature Woodlands — There are no areas of mature woodlands on the site. Prime Agricultural Soils — Based on data from the USDA Web Soil Survey, all areas of the site with soils type Oaklet Silt Loam, 32B, are prime farmland. See Figure 4. 3 xi � 10i a -.r . xr. � wi rO< r• i -. -. . � F ICefv� Ae.rara'.il'•lCti 1 M 0 A�►Oe^ we Yem Cen�msr w� ya �mn 3rr+.aM 0 Figure 4 USDA Soils Map Soil or Bedrock Conditions which would create Construction Difficulties or Hazards — A review of the USDA Web Soil Survey indicates that the depth restrictive features are over 80 inches. Site excavations are not expected to go that deep. Surrounding Properties The proposed rezoning area is a portion of a larger parcel that is zoned B3. Residual B3 land will surround the rezoned parcel on the west and south. Also, to the west is 1-81. To the south, east and north are rural lot residential properties that are zoned RA. Traffic Stowe Engineering has prepared a Traffic Impact Study for the project. The study shows that the proposed Dollar General store does not negatively impact traffic operations at the intersection of Route 11 and Jeff's Way. The intersection movements continue to operate at a Level of Service of "A" or "B" in the AM and PM peak hours through the Design Year 2029. n Sewage Conveyance and Treatment Wastewater from the site will be collected and pumped through the existing Frederick Water force mains on the site and gravity mains elsewhere. The wastewater will be treated at the Opequon wastewater treatment plant, which has a capacity of 12.6 million gallons a day. Water Supply Frederick Water will provide water service to the project. An existing 8" water main is in place at the front of the site. Frederick Water is constructing a new water plant a short distance away that will be rated at 8 million gallons a day. Drainage Drainage from the site flows to the northeast to Turkey Run. Post -development drainage from the site will be routed through stormwater management facilities to control the quantity and quality of stormwater leaving the site. Solid Waste Disposal Facilities Collection of solid waste will occur through on -site dumpsters and private haulers. The Civil Engineering Reference Manual, 4"' edition, uses a solid waste generation rate of 5.4 cubic yards per 1,000 square feet of floor area. Applying this rate, 12,480 sf store will generate 67 cubic yards of solid waste per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Site and St%'UCtures A review of the online Virginia Dept. of Historic Resources records did not show any historic architectural or archeological sites in the proposed development area. One site was observed on the adjacent property to the south of the site and another on the adjacent property to the north of the site. Site 034-0930. A review of the VA Department of Historic Resources records showed the existing structure on the property to the north as being historic. The home was identified as the Edward Joliffe house. The home was built in the 1850 Antebellum Period as a single-family dwelling. Figure 7 shows the location of the home. Site 034-0931. The VA Department of Historic Resources records also showed the existing structure on the property to the south as being historic. The home was identified as the Dr. 5 Cochran house. The home was built in the 1905 as a single-family dwelling. Figure 7 shows the location of the home. A vegetative screening will be used to protect the viewshed of the site from the visual impacts of the proposed development. Figure 5 VA Department of Historic Resources Map Impact on Community Facilities Educational Facilities —This project will not add children to the school system. Emergency Services — Police protection will be provided by the Frederick County Sheriff Department. The property is in the first response area for the Clear Brook Fire and Rescue station. Therefore, response times from the station to the site are reasonable. Parks and Recreation —This project will not add to the population of Frederick County and, therefore, will not increase the demand for Parks and Recreational services. Solid Waste — As previously stated, the site will generate 67 cubic yards of waste per year. Waste will be collected in private bins and transported by private haulers to the Frederick County land fill. VD T \ Virginia Department of Transportation DATE: March 16, 2022 TO: Tim Stowe, P.E., Stowe Engineering FROM: Bradley S. Riggleman, P.E., Area Land Use Engineer RE: Rezoning Comments — R&J Land Development Mr. Stowe, EDINI3URG RESIDENCY LAND USE MEMORANDUM This office received an application on February 15, 2022 for a proposed 1.444-acre rezoning for a portion of TM 33 A 123 from B3 to B2 w/conditions for R&J Land Development. This property is located at the corner of US Rt. 11 and Jeff's Way, in northern Frederick County. A rezoning application (signed 2/7/2022), impact analysis statement (dated 2/5/22), Traffic Impact Analysis (dated 2/9/22), and proffer letter (dated 2/9/22) are the subject of this review. Comments are as follows: Impact and Traffic Analysis • The Impact and Traffic Analysis appear to be complete and acceptable from a transportation perspective. Rezoning Application • The proposed change from B3 to B2 w/conditions should not have a significant impact the roadway network. The proffer statement prohibits the use of quick -service restaurant with drive-thru lanes and gas/fueling station, with or without a convenience store, which are high traffic generators. Given these restrictive proffers, there would be minimum change to the traffic generation potential compared to the existing zoning. General Comments: • Access to this site will need to be designed in accordance to the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards & Specifications, the Virginia Work Area Protection Manual, and all other applicable manuals, regulations, and standards. Site access will be evaluated during site plan review. VDOT appreciates the opportunity to provide input on this potential rezoning. Please feel free to contact me at 540-534-3223 if you have any questions or concerns. /J 1 MENEM" Cc: John Bishop, Frederick County, Assistant Director, Transportation Tyler Klein, Frederick County, Senior Planner File From: John Bishop To: Tim Stowe Subject: R&7 Land Development Rezoning Date: Thursday, March 24, 2022 12:41:52 PM am Thank you for the opportunity to comment on the R&J land development rezoning package. At this time I do not have anything to add to VDOT's comment, which was submitted on March IG, 2022. Should conditions change through the rezoning process or new information come too light, I rescrve the right to update this comment. thank you John John Bishop Assistant Director -Transportation Frederick County Planning and Development Rezoning Comments Frederick Water Mail to: Hand deliver to: V Frederick Water Frederick Water Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868- l 061 Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Narne: Stowe Engineering, PLC - Tim Stowe Mailing Address: 103 Heath Court Winchester, VA 22602 Telephone: 540.686.7373 Location of property: across from Pine Knoll Construction @ 115 Jeffs Way, Clear Brook Current zoning: B3 Zoning requested: B2 Acreage: 1.444 Frederick Water Comments: SEG L6�'rn O�a-�� 2�zN�zoz� Frederick Water Signature & Date: Notice to Frederick Water - Please Return This Form to the Applicant 26 315 Tasker Road Stephens City, Virginia 22655 February 24, 2022 Tim Stowe Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 FREDERICK WATER PH (540) 868-1061 Fax (540) 868-1429 www.Fredericl(Water.com RE: Rezoning Application Comment R&J Development, LLC - Dollar General Store Tax Map Numbers: 33-A-123 1.444 acres Dear Mr. Stowe: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the R&J Land Development (Dollar General Store) commercial rezoning application package, dated February 7, 2022, and received at Frederick Water on February 18, 2022. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. The project parcel is located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water's water and sewer services are available. The application's Impact Statement is silent on the projected quantities of water and sewer generation from the proposed land use, but the zoning districts (existing B3 and proposed 133) suggest demands will be similar to potential demands under the existing land use permitted by the underlying zoning. It is noted that neither the potential square footage nor the water and sewer demand projections are included in a proffer statement, so actual water and sewer demands could vary significantly based upon ultimate land use. Water service is available via existing 6- and 12-inch water mains located on properties south of the site. The applicant will need to obtain easements. Adequate drinking water supply presently exists. Water At Your Service Page 2 R&J Development LLC commercial rezoning application Tim Stowe February 24, 2022 A Frederick Water sanitary sewer forcemain exists on the property to the south, which serves the existing building on Jeffs Way. The applicant will need to obtain easements. This forcemain contributes to a forcemain that ultimately flows to the Opequon Water Reclamation Facility (OWRF). Treatment capacity does presently exist at the OWRF. Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of a proffered proposed use and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. Additional upgrades to the sanitary sewer system may be necessary for the project to connect and contribute to the system once the site's sanitary sewer generations are known. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerely, in= Eric R. Lawrence Executive Director Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1080 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1080 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach co of application form, location map, proffer t a copy your pP statement, impact analysis, and any other pertinent information. Applicant's Name: Stowe Engineering, PLC - Tlm Stowe Mailing Address: 103 He6th Court Winchester, VA 22602 Telephone: 540.686.7373 Location of property: across from Pine Knoll Construction @ 115 Jeffs Way, Clear Brook Current zoning: B3 Zoning requested: B2 Acreage: 1.444 Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 23 2W r1 Frederick County Fire and Rescue Department ` Office of the Fire Marshal j K co 1080 Coverstone Drive G ; Winchester, VA 22602 Phone:540-665-6350 Fax:540-678-4739 :. %' ,• o�' fmo@fcva.us C -RE G 5 Plan Review Rezoning wne R&J Land Development, LLC Dollar General Jeffs Way Clear Brook, Virginia 22624 Status: Approved with Conditions Printed Date: 02/16/2022 Engineering Firm : Stowe Engineering Received Date: 02/14/2022 Occupancy Type: Review Begin Date: 02/16/2022 Property Use: Review End Date: 02/16/2022 Activity Number: 1021071 Hours: 1.0000 Review Cause: New Construction Project Name Dollar General Comments: The facility as outlined In the application would require an automatic sprinkler system and associated water supply. Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 RECEIVED Rezoning Comments Frederick County Department of Public Works Mail to Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540)665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Stowe Engineering, PLC -Tim Stowe Telephone: 540.686.7373 Mailing Address: 103 Heath Court Location of property: across from Pine KnoN Construction C 115 Jeffs Way, Clear Brook Current zoning: B3 Zoning requested: B2 Acreage: 1.444 Department of Public Works Comments: wL o �r no ct �i��in-x Gam, m k fS "i Public Works Signature & Date: - 1 7 . Z Z Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 April 1, 2022 VIA EMAIL Mr. Tim Stowe Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us Re: Rezoning Application — R&J Land Development/Dollar General Rezoning Tax Parcel Numbers 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D — 16.89f Acres (the "Property") Proposed Proffer Statement (the "Proffer Statement") (Amendment to Proffer Statement for Rezoning 40 1 -06) Dear Tim: You have submitted to Frederick County for review the Proffer Statement, for the proposed rezoning of the Property, 16.89± acres in the Stonewall Magisterial District, from the B3 (Industrial Transition) District with proffers to the B3 (Industrial Transition) District with revised proffers (I 5.444± acres) and from the B3 (Industrial Transition) District with proffers to the B2 (General Business) District with proffers (1.444± acres), by R&J Land Development, LLC (the "Owner"). I have now reviewed the Proffer Statement and it is my 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: • The approach of treating this as an overall amendment of the proffers from Rezoning 40 1 -06 is a good one. It does, however, constitute a new rezoning and, toward that end: o References to "amended" in the heading and in the first paragraph should be deleted. o Rezoning number references should be to whatever number is assigned to the current matter and not to #01-06. o The original date of the proffers can refer to the 2006 document, but should be to March 2, 2006, the date of the actual proffers that the Board accepted. Any prior dates Mr. Tim Stowe April 1, 2022 Pa-c 2 are ot'dralts that are, at this point, lost to history, not meaningful, and only end up creating conlusion. o Any previously satisfied proffer obligations may be noted with a bracketed reference after each: [Obligation has previously been satisfied j. I believe this may be the case for Proffers A. Lb and A.1.e. o Also. while we are perhaps engaging in some clean up exercises, I believe that the use ol'thc sub "i." level in the text ilia), be deleted as there are no sub "ii." items (except in Proffer A.3.a.). and the text for each may simply appear following the respective current headings. • The acreage references in the heading and in the first paragraph have an extraneous dash that may be deleted. • The parcel numbers are not correct: they should be 3 3-A-122A, 33-A-123, 33-A-123C, and 33-A-123D. • For clarity, as an additional paragraph after the second paragraph should state to the effect: References herein to the "the property" or "this property" are to the 16.89f acres comprised of'parccls 33-A-122A, 33-A-123, 33-A-123C, and 33-A-123D. • In Proffer A.l .a., there is an extraneous "T' in the last sentence. • In Proffer A.l .b., the words "frontage" and "road" have been reversed. • In Proffer A.I .e... "long' should be "along" in the first sentence. • In Proffer A.l .d., "prorate" should be "prorated" in the first sentence. • In Proffer A.S., there are two typographical errors: "Mop bile" and "20,0-00". • hl Proffer A.8.c., to improve clarity from the 2006 version, "will erect" might better read "may erect" and "tenants" might better read "businesses operating on the property". I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be clone by stalf'and the Planning Commission. County Attorney cc: Department of Planning & Development GY' CI Special Lirmileci Power of Attorney County of Frederick, Virginia ii •edierick Planning Website: ww-ty.feva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: RAJ Land Development, LLC Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or an: applicants, an executed power of attomuy from each owner will be needed. 1631 Redbud Road, Winchester, VA 22603 540.974.6768 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 33 A 123 do hereby make, constitute, and appoint: Tim Stowe, Stowe Engineering, PLC Name of Attorney -In -Pact 103 Heath Court, Winchester, VA 22602 540.686.7373 Mailing Address ofAttomey-In-Fact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority 1 would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: 0 Rezoning Oat Subdivision H111 Conditional Use Permit U Site Plan Master Development Plan (prelim. or final) t/ Variance or Zoning Appeal and, further, my attorneyin-fact shall have the authority to of er proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind,or modify it. - S Signatur Title (if State of r� ounty��ity of Y I c�, To wit: 1, a Notary Public in and for the jurisdiction aforesaid, certify that the erson who signed the foregoing instrument personally appeared before me and has acknowled ed'tii", " s me before mein the jurisdiction aforesaid this `� day of� 20,p�2 r My Commission Expir s:� Notary ublic " '' 'Y""°"` "' "" ''6' Registration Number: QPz --,-;- S;rUI J, RICIIARp n}OTARY FIIpI.IC 1 `•i 7021142 ,� t c.4:�✓UIJV;FAITH OF VIRGINIA 'r ,' Y E A R 2 0 2 1- 2nd H A Ticket 4:00328030002 @@ T A X R E C E I P TN - Date 11/12/2021 FREDERICK COUNTY Register: LBX C. WILLIAM ORNDOFF, JR ' Trans. 2S739 #: 25739 P.O. BOX 225 Dept # RE202102 WINCHESTER VA 22604-0225 ACCT# 8050624 2021 REAL ESTATE Previous Balance $ 2103.28 8.61 ACRES 33 A 123D Acres: 8,.62 Principal:.:Being Paid $ 2103.28 Land: 689600 Imp: 0 Penalty $ 00 Interest $ .00 R & J LAND DEVELOPMENT LLC Amount Paid $ 2103.28 *Balance Due 1631 REDBUD RD as of l.1/12/2021 $ .00 WINCHESTER VA 22603 . Check## BOC 2218$ 2103.28 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) L H x l U 2 1- 1st H A Ticket #:00328030001 @a n FREDERICK COUNTY Date 5/06/2021 C. WILLIAM ORNDOFF, JR Register: LBX/CSDB1 P.O. BOX 225 Trans. #: 12939 Dept ## RE202101 WINCHESTER VA 226b4-0225 ACCT## 8050624 2021 REAL ESTATE Previous 8.61 ACRES 33. A 123D. Balance $ 2103.28 Acres: 8.62 Principal. -Being. Paid $ 2103.28 Land: 689600 Imp: 0., Penalty $ .00 Interest $ .00 R & J LAND DEVELOPMENT'LLC Amount, Paid $ 2103.28 1631 REDBUD RD *Bal:ance Due WINCHESTER VA 22603 as of.. 5/06/2021 $ .00 Check# BOC' 2175$ 2103.28 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY:AND INTEREST. (DUPLICATE) ORDINANCE Action: PLANNING COMMISSION: May 4, 2022 Public 1-leaning Held, Rcconlnicndcd Approval BOARD OF SUPERVISORS: May 25, 2022 Pending ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-22 R&J LAND DEVELOPMENT \VI-IEREAS, REZONING #02-22 R&J LAND DEVELOI)AIENT submitted to rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444-acres from B3 (Industrial Transition) District to B3 (Industrial Transition) District with amended proffers. The properties are located northwest corner at intersection of Martinsburg Pike (Route 1 1) and Jeffs Way, and are identified by Property Identification Numbers 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D and 33- A-123E in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on May 4, 2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during tfleir 1'egular meeting oil May 25, 2022; 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 Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board oI� Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Mal) to to rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444-acres from B3 (Industrial Transition) District to B3 (Industrial Transition) District with amended proffer statement bearing signature date April 11, 2022. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 25°i day of May 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Josh E. Ludwig Robert W. Wells Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Michael L. Bollhoefer Frederick County Administrator PDRes #17-22 To be completed by Planning Sta Fee Amount Paid ° </" q . Zoning Amend me t a fiber 0,� a Anticipated PC Hearmg Date ' )Date Received �� Z L Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: R&J Land Development, LLC Specific Contact Person if Other than Above: Address: 1631 Redbud Road, Winchester, VA 22603 Telephone: 540.974.6768 Name: Jeff Jenkins Specific Contact Person if Other than Above: Address: Telephone: Email: Jeff@pineknollconstruction.com Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: JMB Investment Company, LLC Specific Contact Person if Other than Above: Remon Farhat Address: 325 Erin Drive Knoxville, TN 37919 Telephone: 865.200.4770 Email: remon@schaadbrown.com 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Stowe Engineering, PLC Specific Contact Person at Firm: Tim Stowe Address: 103 Heath Court, Winchester, VA 22602 Telephone: 540.686.7373 Email: timstowe@stowecompanies.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 f 4. Project Name (if any): Dollar General store S. Property Information: a. Property Identification Number(s): 33 A 123 b. Total acreage of the parcel(s): 2.71 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 1.444 d. Current zoning designation(s) and acreage(s) in each designation: 2,71 ac 6a B3 e. Proposed zoning designation(s) and acreage(s) in each designation: 1.444 ac @ B2, 1.27 ac @ B3 f. Magisterial District(s): Stonewall g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): northwest corner at intersection of Route 11 and Jeffs Way h. Adjoining Properties: Parcel ID Number Use Zoning, 33 A 123D undeveloped B3 33 A 122 residential RA 33 A 124D residential RA 33 A 125 residential RA Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders, JMB Investment Company, LLC, a Tennessee limited liability company (Michael Schaad, Gone Brown, Brian Brown, Jason Brown) R & J Land Development, LLC, Jeff Jenkins, Rose Jenkins Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑✓ Location Map ✓❑ Plat Depicting Metes/Bounds of Proposed Zoning ❑✓ Impact Analysis Statement ❑✓ Proffer Statement (if any) ❑ Agency Comments ❑✓ Fee ❑ ✓ Copies of Deed(s) to Property(ies) ❑✓ Tax Payment Verification ❑ Digital copies (pdVs) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowlcd(c. Owner: Owner: Date � "� If sign/ing on behalf of an entity, please state name of entity and your title: Date , If signing on befialf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 6 I 7, Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. 1 (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): � � `t Date 2-7-Z 2 If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwAva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: R&J Land Development, LLC Name of Property Owner/Applicant Please note: if the property owner/applicant is an entity, the name of the entity should appear above. If multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed. 1631 Redbud Road, Winchester, VA 22603 540.974.6768 Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 33 A 123 do hereby make, constitute, and appoint: Tim Stowe, Stowe Engineering, PLC Name of Attorney -In -Pact 103 Heath Court, Winchester, VA 22602 Mailing Address of Attorney -In -Fact 540.686.7373 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: FV Rezoning L:J Subdivision ✓ Conditional Use Permit U Site Plan ✓ Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature /�an Title (if ni n h State of �r n^ County/ 'ity of 1 , To wit: �lx_ —,a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowled�eij'dler. s -ne before me in the jurisdiction aforesaid this J day ofF�—Ildh E'-�"� 20p i •r.' 5 W► `- {,�f My Commission Expir s: 7 Notary 3ublic ,. �,•.�, �.->��. _.:,:, e Registration Number: KEW J. RICHARD NOTARY PUBLIC " ,;10RATIOI,l # 7021142 y�, < vtAMONV/EALTH OF VIRGINIA 'A. ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board Of SUI)CI•VISOI•S meetings. For the pul'pOSC 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 Int01'maUOn on cacti adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2ndfloor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Nan„e RU Land Development 1631 Redbud Rd Winchester, VA 22603 Property 1133 A 123D Name Kristen Nickerson 3599 Martinsburg Pike Winchester, VA 22603 Property 1133 A 122 Name Frederick Stronko 3656 Martinsburg Pike Winchester, VA 22603 Propetiy 1133 A 124D Name MV Winchester, LLC 794 Center Street Herdon, VA 20170 Property 1133 A 125 Name Property 11 Name Property 11 Name Property 11 Name Property 11 Name Property # 16 Property # Name Property # Na111C Property # Name Property it Name PI'OpCI'l)' it IN, alllc Property # Name Property 11 Namc Property ii Name Property # Na111C PI'OpCI'l)' ti N8111C Property # NalllC Property # Name Property # Name and Property Identification Number Address Name Property # Name 17 • PROJECT LOCATION R&J Land Development, LLC Rezoning Dollar General Clear Brook, VA 4 Not to scale We COUNTY of FREDERICK ® Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 19, 2023 JMB Investment Company LLC 325 Erin Drive Knoxville, Tennessee 37919 RE: Proffers for Rezoning 402-22 Clearbrook Business Center To Whom It May Concern: The purpose of this letter is to inform you that a proffered obligation for PIN 33-A-123 is overdue to Frederick County. More specifically, the proffers call for Monetary Contributions to offset impacts on fire & rescue services for all structures on the property [RZ # 02-22 Section (A.)(2.)(a.)]. A 12,760 square foot building was issued an occupancy permit on 02/16/2023, in turn, $1,276 is due to the Frederick County Treasurer. Accordingly, please remit payment of $1,276 to the Planning & Development Department. Our office hours are 8 a.m. to 5 p.m. Cash and check are acceptable forms of payment. Checks should be payable to, "Treasurer of Frederick County". If you have any questions regarding this notice, please do not hesitate to call 540-665-5651 or email me at mcheran LaUcya.us. Sincerely, M rk . heran Zoning Administrator MRC/pd Enclosure 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT DEPOSIT REPORT FOR: Treasurers Proffer Total Finance Code Description Fee Price Code 3-010-019110-0043 Proffers - Merrimans Chase $3,910.03 1 ODP 3-010-019110-0042 Proffers - Sovereign Village $3,658.73 1 ODM 3-010-019110-0033 Proffers - Valley Mill Estates $4,193.00 (10CC) 3-010-019110-0037 Proffers - Briarwood Estates $4,148.00 (1 OCN) 3-010-019110-0055 Proffers - Southern Hills $4,910.00 (10EV) 3-010-019110-0056 Proffers - Snowden Bridge $. ,__ .._ _ (IOEY) 3-010-019110-0045 Proffers - L nnehaven Section I $3,378.31 (10DY) 3-010-019110-0057 Proffers - Meadows Edge $10,072,00 (10FA) 3-010-019110-0046 Proffers - Red Fox Run II $5,645.00 (1OEB) 3-010-019110-0050 Proffers - Canter Estates,Section 5 $4,087.97 (1 OEJ) 3-010-019110-0054 Proffers - Village At Harvest Ridge $1,539.00 (1 OET) 3-010-019110-0048 Proffers - Red Bud Run $6,454.00 (10EF) Q. �� OIt Gcn�c.rc I <. 10c ( Q) 3-010-019110-0038 Proffers - Other PROFFER TOTAL 1 �. Process Date: 05/01/2023 Item Image Report Batch # Lockbox # Transaction # Sequence # 600 1008007418 1 4 - 0 05/01/2023 11:22:31 EDT SouthEast ---- ------ ---- - --- - -- JMB Investment Company LLC b a n k 325 Erin Drive Knoxville TN 37919 87-876/642 4/28/2023 865-200 4770 1750 M 8 n PAY TO THE Frederick County Treasurer $`"1,276.00 ORDER OF One Thousand Two Hundred Seventy -Six and 00/100""""""""""....... """"..... "`" DOLLARS � Frederick County Treasurer P.O. Box 74 In ,w LLIJ uw r �1 Merrifield VA 22116-7418 MEMO m AUTHORIZED 61O11ATURE Proffers for Rezoning Clearbrook II'001,?50ill 1:06420a?6?t:OI?la52a43ill Page 4 of 15 0 0 Process Date: 05/01/2023 Batch # Lockbox # 600 1008007418 Item Image Report Transaction # Sequence # 1 2 - 0 JMB Investment Company LLC Frederick County Treasurer Construction in Progress:VIRGINIA:Clear Proffer for Rezoning Clearbrook Checking - SouthEast Proffers for Rezoning Clearbrook Page 3 of 15 4/28/2023 05/01/202311:22:31 EDT 1750 1,276.00 1,276.00 0 0 220007641' REZONING: PROPERTY: RECORD OWNERS: PROJECT NAME: ORIGINAL DATE OF PROFFERS REVISION DATES: MAGISTERIAL DISTRICT: PROFFER STATEMENT RZ It 02-22 16.886 acres Parcels 33-(A)-122A, 123, 123C, 123D, and 123E R&I Land Development, LLC Clearbrook Business Centel - March 2, 2006 April 8, 2022 Stonewall Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby offers the following proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve this Rezoning Application #01-06 for the rezoning of 15.444-acres from Industrial Transition District (B-3) to Industrial Transition District (B-3) with proffers, and 1.444-acres from Industrial Transition District (B-3) to General Business District (B-2) with proffers, and development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such are approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deerned withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development. LLC from Linda J. Vorous as recorded in the Frederick County Circuit Court Clerk's Office as instrument OS0002818 dated February 9, 2005, and from junior L. Domer as recorded in the Frederick County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. References herein to "the property" or "this property" are to the 16.89+/- acres comprised of parcels 33-(A)-122A, 33-(A)-123, 33-(A)-123C, 33-(A)-1231), and 33-(A)-123E. Proffers: A. On -Site and Off -Site Improvements 1. 'Transportation Page I U • a. Access Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. This entrance will provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Additional Lane The owner hereby proffers to construct a 12' lane onto Route 11 along the site road frontage. This 550' long lane will be built to VDOT requirements. This will be built prior to applying for and obtaining any building permits. [Obligation has previously been satisfied]. c. Interparcel connections The owner hereby proffers one interparcel connection along the northern boundary and one interparcel connection along the southern boundary. These roads and connections will be constructed to VDOT requirements and shown on the Master Development Plan. d. Signalizadon The owner hereby proffers to contribute a prorated share to the cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The Final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). The agency will also determine when this improvement will be warranted. The owner shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT. The owner also proffers an additional $2,500.00 with the prorated amount to be applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also determine when this improvement will be warranted. [Obligation has previously been satisfied] e. Right of Way Dedication The owner hereby proffers to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) right of way. The dedication will take place prior to site plan approval. [Obligation has previously been satisfied]. 2. Monetary Contributions — Fire & Rescue a. In recognition of the increased demand on public services, the owner hereby offers the following cash contributions to be paid at the time of building permits. The term "building square foot" shall be the combined floor area for each story. The owner hereby voluntarily proffers a cash contribution to the Frederick County Fire and Rescue Department $0.10 per building square foot. Page 2 • • 3. The owner hereby voluntarily prohibits the following uses a. SIC 5541 -"Gasoline Service Stations" i. Automotive service stations - retail ii. Filling Stations, gasoline - retail iii. Gasoline and Oil -retail iv. Marine service stations - retail v. Service Station, gasoline - retail vi. Truck stops - retail b. SIC 4231 - "Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation" c. SIC 4741- "Rental of Railroad cars" d. SIC 5231 - "Paint, Glass, and Wallpaper Stores" e. SIC 5271 - "Mobile Home Dealers" f. SIC 79 - "Amusement and recreational services operated indoors" 4. Tile owner hereby proffers to limit the total building square footage for SIC 42 -Motor Freight Transportation and Warehousing" and SIC 47 - "transportation Services" to a combined total of 20,000 square feet or less. S. The owner hereby proffers to limit the total building square footage for SIC 52 -"Building Materials, Hardware, Garden Supply, Mobile Home Dealers, and Retail Nurseries" to a combined total of 20,000 square feet or less. 6. The owner hereby voluntarily prohibits the combined building floor area not to exceed 128,000 square feet on this site. The owner further proffers that a "restaurant use" as defined by SIC 581shall not exceed 8,000 square feet of the 128,000 square feet of the building combined floor area. 7. The owner hereby proffers a "Full Screen" buffer as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreen trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. 8. The owner hereby proffers the following corridor enhancements along the frontage of Route 11, Martinsburg Pike: a. The owner will construct a split rail fence along the road frontage. [Obligation has previously been satisfied]. b. The owner will not allow any parking lots to be constructed between the buildings and Route 11. This applies only to the buildings nearest to Route 11 and not inside the park. c. The owner may erect a single monument style sign with the park's name and list of businesses operating on the property. The owner will not install any signs between the buildings and Route 11 other than this one monument sign. Page 3 0 • The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. OWNER SIGNATURES ON FOLLOWING PAGES Page 4 L�] 0 Respectfully submitted, R & JJLAND DEVELOPMENT, LLC, 0/00— 1 — By/j feiy . Jenkins Its: Managing member C ONWEALT /STATE F . / L OUNTY CITY O 1 t wit: was acknowledged before me this / day of The foregoing Proffer Statement ''w� � a* •tit' i1 :•.OL I,,,P0/��'+', 2022, by Jeffery G. Jenkins, Managing Member of R & J Land Development, LLC. 2 Notary, Public My Commission Expires: (OCOMMONWEALTH KELLI J. RICHARD Notary Registration NOTARY PUBLIC REGISTRATION N 7021142 OF VIRGINIA. •- �.x..c e...�ysao.. R & J D DEVELOPMEN ,LLC, By: Rosalma M. Jenkins Its: Managing member C WEALTI-I/ T 910L ��-'C.. ) COUNTY ITY OI, to -wit: T e foregoing Proffer Statement was acknowledged before me this _' _�__ day of 2022, by Rosanna M. Jenkins, Managing Member of R & J Land Development, LLC. / (A'CA Nota Public U A My Commission Expires: I �i Notary Registration #— �'' ... a1..+� Page 5 "V KELII J. RICHARG ; NOTARY PUBLIC: REGISTRATION # 70211.12 •' COMMONWEALTH OF VIRGINI,' ' 0 9 ORDINANCE Action: PLANNING COMMISSION: May 4, 2022 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: May 25, 2022 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-22 R&J LAND DEVELOPMENT WHEREAS, REZONING #02-22 R&J LAND DEVELOPMENT submitted to rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444-acres from B3 (Industrial Transition) District to B3 (Industrial Transition) District with amender] proffers. The properties are locates] northwest corner at intersection of Martinsburg Pike (Route 11) and Jeffs Way, and are identified by Property Identification Numbers 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D and 33-A-I23E in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on May 4, 2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on May 25, 2022; 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 Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to to rezone 1.444-acres iron B3 (Industrial Transition) District to i32 (General Business) District with proffers and 15.444-acres from B3 (Industrial'i-ransition) District to B3 (In(Iustrial Transition) District with amended proffer statement bearing signature date April 11, 2022. The conclitions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 25°i day of May 2022 by the following recorded vote: Charles S. Del-laven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye PDRes#17-22 Res # 06&22 A COPY ATTEST 7 Michael L. Bollhoeff Frederick County Administrator !.,'NGT RI'J'M E N T 2200 0 "Ib"i 7 RECORDED 1N THE CLERK'S OFFICE OF FREDERICV CI[RCUIT COURI- ON jUNE 15! 2022 AT 01:12 PM REBECCA P. HOGAN, CLERK ECO: PARDEDBM 0 0 Process Date: 05/01/2023 Item Image Report Batch # Lockbox # Transaction # Sequence # 600 1008007418 1 1 - 0 April 19, 2023 05/01/2023 11:22:31 EDT COUNTY of FREDERICK Department of Planning and Development 540/665-5651 Fax: 540/665-6395 JMB Investment Company LLC 325 Erin Drive Knoxville, Tennessee 37919 RE: Proffers for Rezoning #02-22 Clearbrook Business Center To Whom It May Concern: The purpose of this letter is to inform you that a proffered obligation for PIN 33-A-123 is overdue to Frederick County. More specifically, the proffers call for Monetary Contributions to offset impacts on fire & rescue services for all structures on the property [RZ 1102-22 Section (A.)(2.)(a.)]. A 12,760 square foot building was issued an occupancy permit on 02/16/2023, in turn, $1,276 is due to the Frederick County Treasurer. Accordingly, please remit payment of $1,276 to the Phmning & Development Department. Our office hours are 8 a.m. to 5 p.m. Cash and check are acceptable forms of payment. Checks should be payable to, "Treasurer of Frederick County". If you have any questions regarding this notice, please do not hesitate to call 540-665-5651 or email meat mcheran(a�fcvam . S�inc�erely, `M�rk h�1"--•�� Zoning Administrator MRC/pd Enclosure Page 2 of 15 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 Process Date: 05/01/2023 Batch # Lockbox # 600 1008007418 Page 1 of 15 Item Image Report Transaction # Sequence # 1 3 - 0 Was OS Oak 05/01/202311:22:31 EDT PITAEV Br WES y'• $0.600 , US POSTAGE., {�• FIRST-CLASS 026Y✓000199791U 2000112176 ZIP 37M APR 28 2023 221iGS74iG S099 I11Iili+i1i1,Il1i11111101,1iiiri,11,111,111,1iriisIlli11fill 1111 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Tax: 540/ 665-6395 April 19, 2023 JMB Investment Company LLC 325 Erin Drive Knoxville, Tennessee 37919 RE: Proffers for Rezoning 402-22 Clearbrook Business Center To Whom It May Concern: The purpose of this letter is to inform you that a proffered obligation for PIN 33-A-123 is overdue to Frederick County. More specifically, the proffers call for Monetary Contributions to offset impacts on fire & rescue services for all structures on the property [RZ # 02-22 Section (A.)(2.)(a.)]. A 12,760 square foot building was issued an occupancy permit on 02/16/2023, in turn, $1,276 is due to the Frederick County Treasurer. Accordingly, please remit payment of $1,276 to the Planning & Development Department. Our office hours are 8 a.m. to 5 p.m. Cash and check are acceptable forms of payment. Checks should be payable to, "Treasurer of Frederick County". If you have any questions regarding this notice, please do not hesitate to call 540-665-5651 or email me at mcheran wlcva.m. Sincerely, Mark R. Cheran Zoning Administrator MRC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 April 13"', 2023 JMB Investment Company LLC 325 Erin Drive Knoxville, Tennesee 37919 RE: Proffers for Rezoning #02-22 Clearbrook Business Center To Whom It May Concern: The purpose of this letter is to inform you that a proffered obligation for PIN 33-A-123 is overdue to Frederick County. More specifically, the proffers call for Monetary Contributions to offset impacts on fire & rescue services for all structures on the property [RZ 4 02-22 Section (A.)(2.)(a.)]. A 12,760 square foot building was issued an occupancy permit on 02/16/2023, in turn, $1,276 is due to the Frederick County Treasurer. Accordingly, please remit payment of $1,276 to the Planning & Development Department. Our office hours are 8 a.m. to 5 p.m. Cash and check are acceptable forms of payment. Checks should be made out to, "Treasurer of Frederick County". If you have any questions regarding this notice, please do not hesitate to call 540-665-5651 or email me at mchcran a fcva.us. Sincerely, Mark R. Cheran Zoning Administrator M RC/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Pam Deeter From: Wyatt Pearson Sent: Thursday, April 13, 2023 10:30 AM To: Mark Cheran Cc: Amy Feltner; Pam Deeter Subject: Proffer Letter Dollar General Take a look at this and send it out next week. S•\Users\Mark\Proffers\2023 Proffer Correspondence\REZ02-22 FR Cash ProfferCompliance04.13.2023.docx Wyatt Pearson Planning Director Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 i �r 0ORDINANCE `1 Action: PLANNING COMMISSION: May 4, 2022 BOARD OF SUPERVISORS: May 25, 2022 Public Hearing Held, Recommended Approval Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-22 R&J LAND DEVELOPMENT WHEREAS, REZONING #02-22 R&J LAND DEVELOPMENT submitted to rezone 1.444-acres from B3 (Industrial Transition) District to B2 (General Business) District with proffers and 15.444-acres from B3 (Industrial Transition) District to 133 (Industrial Transition) District with amended proffers. The properties are located northwest corner at intersection of Martinsburg Pike (Route 11) and Jeff's Way, and are identified by Property Identification Numbers 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D and 33-A-123E in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on May 4, 2022 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on May 25, 2022; 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 Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to to rezone 1.444-acres from 133 (Industrial Transition) District to 132 (General Business) District with proffers and 15.444-acres from B3 (Industrial Transition) District to 133 (Industrial Transition) District with amended proffer statement bearing signature date April 11, 2022. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 25°i day of May 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye PDRes#17-22 Res # 06&22 A COPY ATTEST Michael L. Bollhoefininistrator Frederick County A :i_N TRUMENT 220007647 RECORDED IN THE CLERK'S OFFICE OF FRFDER_iCK CIRCUIT COURT ON JUNE 15 5 2022 (, 01. -12 PPS REBECCA P. HOGAN, CLERK WORDED BY: PAN 22000 764P REZONING: PROPERTY: RECORD OWNERS: PROJECT NAME: ORIGINAL DATE OF PROFFERS: REVISION DATES: MAGISTERIAL DISTRICT: ... 0 PROFFER STATEMENT RZ # 02-22 16.886 acres Parcels 33-(A)-122A, 123, 123C, 123D, and 123E R&I Land Development, LLC Clearbrook Business Center March 2, 2006 April 8, 2022 Stonewall Pursuant to Section 15.2-2296 Et Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby offers the following proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve this Rezoning Application #01-06 for the rezoning of 15.444-acres from Industrial Transition District (B-3) to Industrial Transition District (B-3) with proffers, and 1.444-acres from Industrial Transition District (B-3) to General Business District (B-2) with proffers, and development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such are approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The subject properties are more particularly described as the lands conveyed to R & J Land Development LLC from Linda J. Vorous as recorded in the Frederick County Circuit Court Clerk's Office as instrument 050002818 dated February 9, 2005, and from Junior L. Domer as recorded in the Frederick County Circuit Court Clerk's Office as instrument 030022368 dated September 29, 2003. References herein to "the property" or "this property" are to the 16.89+/- acres comprised of parcels 33-(A)-122A, 33-(A)-123, 33-(A)-123C, 33-(A)-123D, and 33-(A)-123E. Proffers: A. On -Site and Off -Site Improvements 1. Transportation Page 1 PDRes.#17-22 a. Access Access to this property from Martinsburg Pike (US Route 11) shall be limited to one commercial entrance. This entrance will provide ingress and egress to all uses on this site. The final location will be subject to VDOT review and approval once a site plan is submitted. b. Additional Lane The owner hereby proffers to construct a 12' lane onto Route 11 along the site road frontage. This 550' long lane will be built to VDOT requirements. This will be built prior to applying for and obtaining any building permits. [Obligation has previously been satisfied]. c. Interparcel connections The owner hereby proffers one interparcel connection along the northern boundary and one interparcel connection along the southern boundary. These roads and connections will be constructed to VDOT requirements and shown on the Master Development Plan. d. Signalization The owner hereby proffers to contribute a prorated share to the cost of a signalization improvement at the offset intersection of Route 11 with Hopewell Road (Route 672) and Brucetown Road (Route 672) in recognition of off -site transportation impacts. The final design and location of the signalization improvements will be determined by the Virginia Department of Transportation (VDOT). The agency will also determine when this improvement will be warranted. The owner shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated amount to be determined by VDOT. The owner also proffers an additional $2,500.00 with the prorated amount to be applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also determine when this improvement will be warranted. [Obligation has previously been satisfied] e. Right of Way Dedication The owner hereby proffers to the Commonwealth of Virginia a strip of land ten feet (10') in width along the entire frontage of the property on Martinsburg Pike (Route 11) right of way. The dedication will take place prior to site plan approval. [Obligation has previously been satisfied]. 2. Monetary Contributions — Fire & Rescue a. In recognition of the increased demand on public services, the owner hereby offers the following cash contributions to be paid at the time of building permits. The term "building square foot" shall be the combined floor area for each story. The owner hereby voluntarily proffers a cash contribution to the Frederick County Fire and Rescue Department $0.10 per building square foot. Page 2 - $9 3. The owner hereby voluntarily prohibits the following uses a. SIC 5S41- "Gasoline Service Stations" i. Automotive service stations - retail ii. Filling Stations, gasoline - retail iii. Gasoline and Oil -retail iv. Marine service stations - retail v. Service Station, gasoline - retail vi. Truck stops - retail b. SIC 4231 - "Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation" c. SIC 4741- "Rental of Railroad cars" d. SIC 5231- "Paint, Glass, and Wallpaper Stores" e. SIC 5271- "Mobile Home Dealers" f. SIC 79 - "Amusement and recreational services operated indoors" 4. The owner hereby proffers to limit the total building square footage for SIC 42 - Motor Freight Transportation and Warehousing" and SIC 47 - "transportation Services" to a combined total of 20,000 square feet or less. S. The owner hereby proffers to limit the total building square footage for SIC S2 - "Building Materials, Hardware, Garden Supply, Mobile Home Dealers, and Retail Nurseries" to a combined total of 20,000 square feet or less. 6. The owner hereby voluntarily prohibits the combined building floor area not to exceed 128,000 square feet on this site. The owner further proffers that a "restaurant use" as defined by SIC S81shall not exceed 8,000 square feet of the 128,000 square feet of the building combined floor area. 7. The owner hereby proffers a "Full Screen" buffer as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreen trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. 8. The owner hereby proffers the following corridor enhancements along the frontage of Route 11, Martinsburg Pike: a. The owner will construct a split rail fence along the road frontage. [Obligation has previously been satisfied]. b. The owner will not allow any parking lots to be constructed between the buildings and Route 11. This applies only to the buildings nearest to Route 11 and not inside the park. c. The owner may erect a single monument style sign with the parWs name and list of businesses operating on the property. The owner will not install any signs between the buildings and Route 11 other than this one monument sign. Page 3 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. OWNER SIGNATURES ON FOLLOWING PAGES -0 0 Respectfully submitted, R & J DEVELOPMENT, LLC, IW�- 13y-Ateq0. Jenkins Its: Managing member C9MIM53ffEALT STATE F eOUNTYCITY O t wit: Statement was acknowledged before me this day of The foregoing Proffer 2022, LLC. r ✓ �� L1' �.4 ip CP ��, jA,�O� by Jeffery G. Jenkins, Managing Member of R & J Land Development, My Commission Expires: I J I ` Notary Registration # R & J DEVELOP MEN , LLC, By: Rosanna M. Jenkins Its: Managing member f �,Q Notary Public DCOMMONWEALTH KELLI J. RICHARDNOTARY PUBLIC REGISTRATION # 7021142 OF VIRGINIA A r� A C ALTH/ T TE F (-J)') Cto-wit:UNTY ITY OF T e foregoing Proffer Statement was acknowledged before me this day of T 2022, by Rosanna M. Jenkins, Managing Member of R & J Land Development, LLC. 6QU) A Vj choud, Not4 Public My Commission Expires: I L% Notary Registration # j r ' KELLI J. RICHARD NOTARY PUBLIC 1 REGISTRATION # 7021 l A2 COMMONWEALTH OF VIRGIN[,' PROFFER STATEMENT RIs'LONING: RZ if 02-22 PROPERTY: 16.886 acres Parcels 33-(A)-122A, 123, 123C, 1231), and 123E RECORD OWNERS: R&J Land Development, LLC PROJECT NAME: Clearbrook Business Centel - ORIGINAL DATE OF PROFFERS: March 2, 2006 REVISION DATES: April 6, 2022 MAGISTERIAL DISTRICT: Stonewall Pursuant to Section 15.2-2296 Et, Secl, of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional Zoning, the undersigned Owner hereby offers the following proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve this Rezoning Application 1101-06 for the rezoning of' 15.444-acres from lidUstr'ial Transition District (B-3) to hldustl-ial Transition District (13-3) with proffers, and 1.444- acres from Industrial Transition District (13-3) to General Business District (13-2) with proffers, and development of the subject property shall be done in confOr mity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the 0\-vner and such are approved by the Frederick County Board of Supervisors in accordance wvith the said Cocle and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. 'These proffers shall he binding upon the Clvvner and any legal successors, heirs, or assigns. The subject properties are more particularly descrihed as the lands conveyed to R & J Land Development. LLC from Linda J. Vorous as recorded in the Frederick County Circuit Court Cleric's Office as instrument 0.50002818 dated Fehruary 9, 2005, and from Junior L. Donler as recorded in the Frederick County Circuit Court Cleric's Office as instrument 030022368 dated September 29, 2003. References herein to "the property" of "this property" are to the 16.89+/- acres comprised of parcels 33-(A)-122A, 33-(A)-"123, 33-(A)-123C, 33-(A)-1231), and 33-(A)- 1 23E,. Proffers: A. On -Site and Off -Site improvements TransI)ortatron a. Access Page I Access to this property from Martinsburg Pike (US Route 1 1) shall be limited to one commercial entrance. This entrance will provide ingress and egress to all uses on this site. The final location will be subject to MOT review and approval once a site plan is submitted. [Obligation has previously been satisfied]. b. Additional Lane The owner hereby proffers to construct a 12' lane onto Route 1 1 along the site road frontage. This 550' long lane will be built to VDOT requirements. This will be built prior to applying for and obtaining any building permits. [Obligation has previously been satisfied]. Interparcel connections The owner hereby proffers one interparcel connection along the northern boundary and one interparcel connection along the southern boundary. These roads and connections will be constructed to VDOT requirements and shown on the Master Development Plan. d. Signalization The owner hereby proffers to contribute a prorated share to the cost of a signalization improvement at the offset intersection of Route 11 with I lopewell Road (Route 672) and 131-ucetown Road (Route 672) in recognition of of*( -site transportation impacts. The final design and location of'tlie signalization improvements will be determined by the Virginia Department of'I'ransportation (VDOT). The agency will also determine when this improvement will be warranted. The owner shall enter into a "signalization agreement" with VDOT that provides a one-time contribution towards the cost of the signalization in a prorated annount to be determined by VDOT. The owner also proffers an additional $2,500,00 with the prorated amount to he applied towards right of way acquisition for future turn lanes at the intersection. VDOT will also determine when this improvement will be warranted. [Obligation has previously been satisfied] e. Right of Way Dedication The mvner hereby proffers to the Commonwealth of'Virginia a strip of land tell feet (10') ill width along the entire frontage of: the property on Martinsburg Pike (Route 1 1) right of way. The dedication will take place prior to site plan approval. [Obligation has previously been satisfiedl. 2. Monetary Contributions — Fire & Rescue a. In recognition of the increased demand on public services, the owner hereby offers the following cash contributions to be paid at the time of building permits. The term "building square foot" shall be the combined floor area for each story. The owner hereby voluntarily proffers a cash contribution to the Frederick County Fire and Rescue Department $0.10 per building square foot. Page 2 3. The owner hereby voluntarily prohibits the following uses a. SIC 5541 - "Gasoline Service Stations" i. Automotive service stations - retail ii. Filling Stations, gasoline - retail iii. Gasoline and Oil -retail iv. Marine service stations - retail v. Service Station, gasoline - retail vi. Truck stops - retail b. SIC 4231 - "Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation" c. SIC 4741 - "Rental of Railroad cars" d. SIC 5231 - "Paint, Glass, and Wallpaper Stores" e. SIC 5271 - "Mobile Home Dealers" f. SIC 79 - "Amusement and recreational services operated indoors" 4. The owner hereby proffers to limit the total building square footage for SIC 42 - Motor Freight Transportation and Warehousing" and SIC 47 - "transportation Services" to a combined total of 20,000 square feet or less. S. The owner hereby proffers to limit the total building square footage for SIC 52 - "Building Materials, Hardware, Garden Supply, Mobile Home Dealers, and Retail Nurseries" to a combined total of 20,000 square feet or less. 6. Tlie owner hereby voluntarily prolibits the combined building floor area not to exceed 128,000 square feet on this site. The owner further proffers that a "restaurant use" as defined by SIC 581shall not exceed 8,000 square feet of the 128,000 square feet of the building combined floor area. 7. The owner hereby proffers a "Full Screen" buffer as defined by the Frederick County Zoning Ordinance, plus an additional row of evergreen trees for a total of four rows to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. 8. The owner hereby proffers the following corridor enhancements along the frontage of Route 11, Martinsburg Pike: a. The owner will construct a split rail fence along the road frontage. [Obligation has previously been satisfiedl. b. The owner will not allow any parking lots to be constructed between the buildings and Route 11. This applies only to the buildings nearest to Route 11 and not inside the park. c. The owner may erect a single monument style sign with the park's name and list of businesses operating on the property. The owner will not install any signs between the buildings and Route 11 other than this one monument sign. I Obligation has previously been satisfied]. Page 3 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. O��T�I:IZ SIGN; "l IIIZI;S ON I:OI,I,(AVING PAGES Page 4 9 Respectfully submitted, R & J LAND DEVELOPMENT, LLC, By: Jeffery G. Jenkins Its: Managing member COMMONWEALTH/STATE OF COUNTY/CITY OF ) to -wit: The foregoing Proffer Statement was acknowledged before me this day of 12022, by Jeffery G. Jenkins, Managing Mcmber of R & J Land Development, LLC. Notary Public My Commission Expires: Notary Registration # _ R & J LAND DEVELOPMENT, LLC, By: Rosanna M. Jenkins Its: Managing member COMMONWEALTH/STATE OF COUNTY/CITY OF ) to -wit: The foregoing Proffer Statement was acknowledged before me this clay of , 2022, by Rosanna M. Jenkins, Managing Member of R & J Land Development, LLC. My Commission Expires: Notary Registration # Notary Public Page 5 9 41 Virginia Department of Transportation DATE: March 16, 2022 TO: Tim Stowe, P.E., Stowe Engineering FROM: Bradley S. Riggleman, P.E., Area Land Use Engineer RE: Rezoning Comments — R&J Land Development Mr. Stowe, EDINBURG RESIDENCY LAND USE MEMORANDUM This office received an application on February 15, 2022 for a proposed 1.444-acre rezoning for a portion of TM 33 A 123 from B3 to B2 w/conditions for R&J Land Development. This property is located at the corner of US Rt.11 and Jeff's Way, in northern Frederick County. A rezoning application (signed 2/7/2022), impact analysis statement (dated 2/5/22), Traffic Impact Analysis (dated 2/9/22), and proffer letter (dated 2/9/22) are the subject of this review. Comments are as follows: Impact and Traffic Analysis • The Impact and Traffic Analysis appear to be complete and acceptable from a transportation perspective. Rezoning Application • The proposed change from B3 to B2 w/conditions should not have a significant impact the roadway network. The proffer statement prohibits the use of quick -service restaurant with drive-thru lanes and gas/fueling station, with or without a convenience store, which are high traffic generators. Given these restrictive proffers, there would be minimum change to the traffic generation potential compared to the existing zoning. General Comments: Access to this site will need to be designed in accordance to the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards & Specifications, the Virginia Work Area Protection Manual, and all other applicable manuals, regulations, and standards. Site access will be evaluated during site plan review. VDOT appreciates the opportunity to provide input on this potential rezoning. Please feel free to contact me at 540-534-3223 if you have any questions or concerns. Sincerely, Bradley S. Riggleman, P.E. Area Land Use Engineer— Edinburg Residency Cc: John Bishop, Frederick County, Assistant Director, Transportation Tyler Klein, Frederick County, Senior Planner File From: John Bishop To: Tim Stowe Subject: R&J Land Development Rezoning Date: Thursday, March 24, 2022 12:41:52 PM Tim. Thank you for Ohc opportunity to comment on the R&.I land development rezoning package. Al this time I do not have anything to add to VDOT's continent, which was submitted on March 16, 2022. Should conditions change through the rezoning process or new information come too light, I reserve the right to update this continent. thank you John John Bishop Assistant Director -Transportation Frederick County Planning and Development i Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester. Virginia 22604 (5,10) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. j Applicants Nan -le: Stowe Engineering, PLC - Tim Stowe Ntailing Address: 103 Heath Court Winchester, VA 22602 Telephone: 540.686.7373 Location of property: across from Pine Knoll Construction @ 115 Jeff's Way, Clear Brook Current zoning: B3 Zoning requested: B2 Acreage: 1.444 Frederick Water Comments: .S E L G 6 r 7-A 90-y k;- 0 2/iN /z, -a Frederick Water Signature & Date: r-za ybZZ Notice to Frederick `'rater - Please Return This Form to the Applicant 26 d ' FREDERICK WATER 315 Tasker Road PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director www.FrederickWater.com February 24, 2022 Tim Stowe Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 RE: Rezoning Application Comment R&J Development, LLC - Dollar General Store Tax Map Numbers: 33-A-123 1.444 acres Dear Mr. Stowe: Thank you for the opportunity to offer review comments on the R&J Land Development (Dollar General Store) commercial rezoning application package, dated February 7, 2022, and received at Frederick Water on February 18, 2022. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. The project parcel is located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water's water and sewer services are available. The application's Impact Statement is silent on the projected quantities of water and sewer generation from the proposed land use, but the zoning districts (existing B3 and proposed 63) suggest demands will be similar to potential demands under the existing land use permitted by the underlying zoning. It is noted that neither the potential square footage nor the water and sewer demand projections are included in a proffer statement, so actual water and sewer demands could vary significantly based upon ultimate land use. Water service is available via existing 6- and 12-inch water mains located on properties south of the site. The applicant will need to obtain easements. Adequate drinking water supply presently exists. Water At Your Service Page 2 RM Development LLC commercial rezoning application Tim Stowe February 24, 2022 A Frederick Water sanitary sewer forcemain exists on the property to the south, which serves the existing building on Jeffs Way. The applicant will need to obtain easements. This forcemain contributes to a forcemain that ultimately flows to the Opequon Water Reclamation Facility (OWRF). Treatment capacity does presently exist at the OWRF. Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of a proffered proposed use and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. Additional upgrades to the sanitary sewer system may be necessary for the project to connect and contribute to the system once the site's sanitary sewer generations are known. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerely, J Eric R. Lawrence Executive Director Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1080 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1080 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Stowe Engineering, PLC - Tim Stowe Telephone: 540.686.7373 Mailing Address: 103 Heath Court Winchester, VA 22602 Location of property: across from Pine Knoll Construction @ 115 Jeff's way, Clear Brook Current zoning: 63 Zoning requested: B2 Acreage: 1.444 Fire Marshal's Comments: ,9 Cle Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant 23 FER 1 4 2022 Frederick County Fire and Rescue Department rlOffice of the Fire Marshal GK 1080 Coverstone Drive Winchester, VA 22602 Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Rezoning Owner R&J Land Development, LLC Dollar General Jeffs Way Clear Brook, Virginia 22624 Engineering Firm : Stowe Engineering Received Date: 02/14/2022 Review Begin Date: 02/16/2022 Review End Date: 02/16/2022 Hours: 1.0000 Status: Approved with Conditions Occupancy Type: Property Use: Activity Number: Review Cause: 4, Project Name Dollar General Printed Date: 02116/2022 1021071 New Construction Comments: The facility as outlined in the application would require an automatic sprinkler system and associated water Supply. 1 //4044� Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept, of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Stowe Engineering, PLC - Tim Stowe Telephone: 540.686.7373 Mailing Address: 103 Heath Court Location of property: across from Pine Knoll Construction @ 115 Jeffs Way, Clear Brook Current zoning: 83 Zoning requested: B2 Acreage: 1.444 Department of Public Works Comments: Public Works Signature & Date: ��Z�— 3 ` 1 7' Z7— Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 April 1, 2022 VIA EMAIL Mr. Tim Stowe Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us fcva.us Re: Rezoning Application — R&J Land Development/Dollar General Rezoning "tax Parcel Numbers 33-A-122A, 33-A-123, 33-A-123C, 33-A-123D — 16.89f Acres (the "Property") Proposed Proffer Statement (the "Proffer Statement") (Amendment to Proffer Statement for Rezoning 1101-06) Dear Tim: You have submitted to Frederick County for review the Proffer Statement, for the proposed rezoning of the Property, 16.89f acres in the Stonewall Magisterial District, from the B3 (Industrial Transition) District with proffers to the B3 (Industrial 'transition) District with revised proffers (I 5.444± acres) and from the B3 (Industrial Transition) District with proffers to the B2 (General Business) District with proffers (1.4441 acres), by R&J Land Development, LLC (the "Owner"). I have now reviewed the Proffer Statement and it is my 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: • The approach of treating this as an overall amendment of the proffers from Rezoning 40 1 -06 is a good one. It does, however, constitutc a new rezoning and, toward that end: o References to "amended" in the heading and in the first paragraph should be deleted. o Rezoning number references should be to whatever number is assigned to the current matter and not to 401-06. o The original date of the proffers can refer to the 2006 document, but should be to March 2, 2006, the date of the actual proffers that the Board accepted. Any prior dates O.f . 0 \J Mr. Tim Stowe April I, 2022 Page 2 are of drafts that are, at this point, lost to history, not meaningful, and only end Up creating confusion. o Any previously satisfied proffer obligations may be noted with a bracketed reference after each: [Obligation has previously been satisfied]. I believe this may be the case for Proffers A.l .b and A.l .e. o Also, while we are perhaps engaging in some clean up Cxerciscs, I believe that the use of the sub "i." level in the text may be deleted as there are no sub "ii." items (except in Proffer A.3.a.), and the text for each may simply appear following the respective CUrrCllt headings. • The acreage references in the heading and III the first paragraph have ail extralleCUS Clash that may be deleted. • The parcel 111.1mbers are 110t COI-I'CCt; they Should be 33-A-122A, 33-A-123, 33-A-123C, and 33-A-123D. • For clarity, as all additional paragraph after the second paragraph Should State to the effect: References herein to the "the property" or "this property" are to the 16.89f acres comprised of parcels 33-A-122A, 33-A-123, 33-A-123C, and 33-A-123D. • In Proffer A. La., there is an extraneous "3" in the last sentence. • In Proffer A.I .b., the words "frontage" and "road" have been reversed. • In Proffer A.I .c., "long" should be "along" in the first sentence. • In Proffer A.I .d., "prorate" Should be "prorated" in the first sentence. • In Proffer A.5., there are two typographical errors: "Mop bile" and "20,0-00". • In Proffer A.8.c., to improve clarity from the 2006 version, "will erect" might better read 1;may Crect" and "tenailts" might better read "buSII1CSSCS operating oil the property". I have not reviewed the Substance of the proffers as to whether the proffers are Suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Department of Planning & Development Februaiy 24, 2022 VIA EMAIL Ivlr. Tim Stowe Stowe Engineering, PLC 103 I-Icatll Court Winchester, VA 22602 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@l`cva.us fcva.us Re: Rezoning Application — R&J Land Development/Dollar General Rezoning Tax Parcel Number 33-A-123, 1.44-± Acre Portion (the "Property") Proposed Proffer Statement (the "Prof1'cr Statement") Dear Tinl: You have submitted to Frederick County for review the Proffer Statement, for the proposed rezoning of the Property, 1.44f acres in the Stonewall Magisterial District, from the B3 (Industrial Transition) District to the B2 (General Business) District, with proffers, by R&J Land Development, LLC (the "Owner"). I have now reviewed the Proffer Statement and it is my 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: • The Proffer Statement should contain a title at the top of the first page that says, "Proffer Statement". • Stowe Engineering is not the applicant. Only a property's owner can apply for a rezoning. The "APPLICANT" line is in fact not necessary. Along similar lines, within the text of the Proffer Statement, all references to "Applicant" should be to "Owner" • To meet Clerk's Office recording requirements, please have the name of the Owner — "R&J Land Development, LLC" — appeal- Underlined and in bold type. • Proffers A and B — Other than noting a zoning buffer waiver granted in 2015 for the northern boundary of the Property, which is already a platter of record and does not need to be shown, I do not see that the Generalized Development Plan (GDP) in any way 1�1r. Tim Stowe February 24, 2022 Page 2 defines the nature Of the development of the Property. Because, however, the proposed rezoning would result in a split zoning of the Property, what the GDP shows — metes and bounds Of the area proposed for rezoning — Is stiII needed, to accompany the Proffer Statement. Therefore: o Retitle the GDP as "Rezoning Plat" (of- similar title). o In the first paragraph of Proffer A, the 4"' line, "subject properties" should be "subject property, as shown oil the Rezoning Plat attached hereto and incorporated by reference as `Exhibit A'.". o Delete the second paragraph of Proffer A and delete Proffer B. • Proffer C — Because the Zoning Ordinance generally uses SIC codes to define uses in the B2 District, it may be best to make some reference to the SIC codes, to the extent viable. So, the introductory language should be: "'file Owner voluntarily prohibits the following uses on the Property:". o Also, the first proposed exclusion presents a question. Is the intent of the exclusion just to exclude a drive -through at a restaurant? If so, then perhaps the exclusion could simply say: "Drive -though service ill connection with any restaurant (SIC 58)". o As to the second proposed exclusion, It might best read: "Gasoline/fueling/service stations (SIC 5541), wllClllCr with Or Without C011VClliCi1CC markets." Proffer F should be designated as Proffer D — As well, because the payment would be to the County, the heading should instead read "Contribution for Fire and RCSCLIC Purposes". The Proffer should also clarify that this provision supersedes the corresponding proffer fi•Om the previous rezoning of the Property (please sec the discussion in the last main bullet point below regarding the interplay between the Currently proposed rezoning and the previous rezoning). • Proffer J should be designated as Proffer E. • To avoid any potential confusion relative to specific provisions of the proffers in force pursuant to the approval of Rezoning Number 01-06 (the "REZ 01-06 Proffers") and which are applicable to the Property, and to clarify that, except as otherwise provided, the currently proposed rezoning and the Proffer Statement do not supersede the REZ 01-06 Proffers, the Proffer Statement would best include provisions along the following lines: o A provision that nothing ill the Proffer Statement Changes the requirement, in Proffer Ala of the REZ 0 1 -06 Proffers, that all access to the property subject to the REZ 01- 06 Proffers, including the Property, shall be from a single commercial entrance (this being the internal right-of-way dedicated to the County by Instrument Number 18000 1000), and not directly from Route 11. 0 0 Tim Stowe February 24.2022 Page 3 o As part of Proffer C (discussed above), a provision that uses under SIC Codes 5231 and 79 are prohibited, if the Owner Intends to prohibit them now, as Proffer A3 of the REZ 0 1 -06 Proffers prohibited these uses, which are Otherwise by right In the B2 District (the other uses prohibited per the REZ 01-06 Proffers are either otherwise proposed to be prohibited or are not by right in the B2 District). o A provision that any building square footage on the Property counts against the building square footage limitations in Proffers A5 and A6 of the REZ 01-06 Proffers (the limitations in Proffer A4 of those proffers would not be relevant because the B2 District does not permit those uses and so they may be left unaddressed now). o A provision restating the limitations Of Proffer A8 ofthe REZ 0 1 -06 Proffers, that the split rail fence must remain, that no parking lot s11a1I be between any bUllding On the Property and Route 11, and that any sign for a Use Oil the I'I*OpCI'ty I11Ust be as part Of a sign with all Other uses on the properties subject to the REZ 01-06 Proffers. As well, staff should ascertain whether the CUrrent proposed rezoning In any way impacts the signalization provisions in Proffer Id of the REZ 0 1 -06 Proffers and, if it does, what corrective actions may be necessary. Similarly, the same Proffer Id of the REZ 01-06 Proffers provides for an additional $2,500 payment. Staff will want to confirm that the Owner has Made that payment, as development oil the relevant property has taken place since the approval of Rezoning Number 01-06, and if the Owner had not made the payment, how to address the same. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as Illy understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Candice E. Perkins, Assistant Director Of Planning & Development, Frederick County (via email) John Bishop, Assistant Director Of Planning & Development — Transportation, Frederick COUllty (via email) • E March 7, 2022 Mr. Tim Stowe, PE, LS Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 RE: Proposed Rezoning for R&J Land Development — Dollar General Property Identification Number (PIN): 33-A-123 Dear Tim: I have had the opportunity to review the draft rezoning application for R&J Land Development — Dollar General. This application seeks to rezone 1.77 acres from the B3 (Industrial Transition) District to the B2 (General Business) District with revised proffers. The review is generally based upon the proffer statement dated February 9, 2022. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Northeast Frederick Land Use Plan — Laud Use. The Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The Comprehensive Plan identifies this property with a commercial land use designation and is within the limits of the SWSA. The proposed B2 Zoning is generally consistent with the Northeast Frederick Land Use Plan as it relates to this area. 2. Impact Analysis. The introduction states that 12,480sf of the square footage associated with Rezoning #01-06 would be utilized for the 1.444 acres associated with this proposed rezoning. This square footage limitation is not referenced in the proposed proffer statement and therefore not enforceable. Also, as the original proffers would still apply to the properties associated with that rezoning, the 12,480sf could not be deducted from that area unless they were included with this new proposal. On page 7 — local government statement should be removed — the model is not applicable to commercial projects. • • r R&J Land Development Preliminary Rezoning Comments February 28, 2022 Page 2 3. Previous Rezoning. It is suggested that all properties that were part of Rezoning #01-06 be included with this revision to ensure consistency with proffers regarding: square footage, uses, corridor enhancements, access. (see comment 4) 4. Proffer Statement Comments: a. Generalized development plan: i. Proffer B regarding modifications needs to be amended to have a provision that modifications must be approved by the Director of Planning and only if it meets the intent of the proffers. ii. The Generalized Development Plan exhibit provided shows no improvements/proffers and therefore appears unnecessary. b. The 2006 proffer restricted access to one commercial entrance (Jeff's Way), this proffer should be included. C. Corridor enhancements fi'onl the 2006 rezoning should be included in this proffer — specifically landscaping, parking, and signage. d. Proffer F should sate that the contribution will be made to Frederick County Fire and Rescue — not the individual company. e. It appears that proffer J is unnecessary as it would already be required. 5. Power of Attorney. Please have the property owners complete a special limited power of attorney form which authorizes you to represent them during the application process. 6. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional collllllcllts related to the proposed changes if xvarranted subject to adjustments requested by VDOT. 7, Agency Comments. Please provide appropriate agency collllllents fi'0111 the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, and the County Attorney. 8. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $5,144 based upon 1.44 acres. u 0 R&J Land Development Preliminary Rezoning; Comments February 28, 2022 Page 3 All of the above comments and reviewing; agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 0 a Traffic Impact Study Dollar General Clear Brook, Frederick County, VA February 9, 2022 rpJ'TH,000 OP // Mp% `0 Ar 10, �. o. U TIMOTf S. STOWE � e Lic. No. 21924 Z'�o 2/9/22 � Ar AV � �IONAL 00"00444 0 • Table of Contents ...................................................................................................................................................................... 0 February5, 2022.......................................................................................................................................0 ExecutiveSummary .......................................................................................................................................3 Introduction and Background Information...................................................................................................1 Project Location and Description..............................................................................................................1 Non-existent transportation Improvements............................................................................................2 TIAScoping................................................................................................................................................ 2 StudyArea.................................................................................................................................................2 Existing Roadway Description...................................................................................................................3 NearbyLand Uses.....................................................................................................................................3 ComprehensivePlan.............................................................................................................................3 Zoning.................................................................................................................................................... 5 VDOT Functional Classification.................................................................................................................6 Multi -Modal Access..................................................................................................................................7 Future Transportation Improvements......................................................................................................7 Analysis of Existing Conditions......................................................................................................................8 ExistingTraffic Operations........................................................................................................................8 Intersection Level of Service Criteria............................................................................................................ 8 Assessment of the Existing Conditions: .................................................................................................... 8 Analysis of Future Conditions Without Development (Background)..........................................................10 TrafficGrowth.........................................................................................................................................10 Assessment of Traffic Operations without the Development................................................................10 SiteTrip Generation....................................................................................................................................12 Pass -By Trips...............................................................................................................................................12 Site Traffic Distribution and Assignment....................................................................................................12 Analysis of Future Conditions with the Development (Build-out)..............................................................14 SiteEntrances.........................................................................................................................................14 Assessment of Traffic Operations with the Development......................................................................15 Design Year Traffic Operations with Development and Mitigation............................................................16 TrafficGrowth.........................................................................................................................................16 0 0 TrafficOperations.............................................................. .....................................................16 Conclusions and Recommendations...........................................................................................................18 0 • Executive Summary This Traffic Impact Analysis evaluates the transportation impacts resulting from the development of a 1.44-acre site for a 12,480 SF Dollar General store in Frederick County, Virginia. The site is on the west side of Route 11, approximately 0.4 miles north of Clear Brook, VA. The property of which the proposed rezoning parcel is a part, was rezoned to B-3 in 2006 with rezoning RZ# 01-06. That rezoning proffered to limit the combined floor area on the property to 128,000 SF, with no more than 8,000 SF of that area used for a restaurant (SIC S81). Approximately 24,000 SF of floor area is in place and operational on the site with a B3 use. The requested rezoning will convert 12,480 SF of the remaining 103,520 SF to a B2 use, General Merchandise Store The proposed development consists of a 12,480 SF variety store on 1.44 acres. A single site entrance will connect to Jeff's Way. Traffic associated with the development will use Route 11 to travel north and south. This engineer believes that the transportation impacts of this rezoning are both manageable and acceptable for this project setting with the implementation of these recommended improvements. Additionally, with the modifications suggested in this TIA, the study intersections can accommodate traffic from this site development. • 9 Introduction and Background Information Introduction and Background Information Proiect Location and Descrintion This project involves constructing 12,480 square foot variety store on 1.2 acres in Clear Brook, Frederick County, VA. The project is west of Route 11, east of 1-81, and south of Cedar Hill Rd (Route 671). Access to the site will be from Jeff's Way. Figure 1 shows the location of the project. Figure 1 Project Location Map The property of which the proposed rezoning parcel is a part, was rezoned to B-3 in 2006 with rezoning RZ# 01-06. That rezoning proffered to limit the combined floor area on the property t0 128,000 SF, with no more than 8,000 SF of that area used for a restaurant (SIC 581). Approximately 24,000 SF of floor 1 Introduction and Background Information area is in place and operational on the site with a 63 use. The requested rezoning will convert 12,480 SF of the remaining 103,520 SF to a 132 use, General Merchandise Store. Non-existent transportation Improvements A review of the VDOT Six -Year Improvement Plan and the Smart Scale Dashboard did not show any active projects for this area. TIA Scoping A Traffic Study Pre -Scope of Work meeting was held with VDOT on December 141h, 2021. A VDOT Chapter 527/870 traffic study is not required for the proposed land use application since the proposed trips are not more than the 5,000 vpd volume threshold. A copy of the final Scoping document is included in Appendix A. Study Area The study area for this analysis includes the existing intersection of route 11 and Jeff's Way. Figure 2 shows the study area reference numbers of the intersection studied in this analysis. Map Source: Frederick County GIS o�NPv�N r� Q- z w W 0 a QO Off\ 00 Z c6z, T. ctiRo � RTs� w T.M. count 24 hr count BRUCETOWN RD Exit 321 RTs'� Figure 2 Traffic data collection and study intersection locations n cage 12 Introduction and Background Information Existing Roadway Description The public street network in the vicinity of the site is summarized below, with the existing characteristics and road functional classifications (same for VDOT and County): • US Route 11 (Martinsburg Pike) is a 2-lane highway from its intersection with Brucetown Road to the north of Jeff's Way, at which point it transitions to two northbound lanes and one southbound lane. A southbound right turn lane and a northbound left -turn lane are in place. The roadway has a shoulder and ditch typical section through the study area. The VDOT average annual weekday traffic volume (AAWDT) on this section of Route 11 was 7,500 in 2019. The posted speed limit through this area is 45 mph. • Jeff's Way (private street) is a two-lane road on the west side of Route 11. The pavement is 24 feet wide with gravel shoulders. There was no observed posted speed limit. Nearby Land Uses The site is bounded by Route 11 to the east, undeveloped land, and 1-81 to the west. To the north is more undeveloped land with sparse residential units, and to the south is more undeveloped land. Comprehensive Plan The 2035 Frederick County Comprehensive Plan envisions the land use for business, as shown in Figure 3. Page 13 Introduction and Background Information Figure 3 1u3� Frederick County Comprenen,wu r,ur, Luau u,e 14 Introduction and Background Information Zoning The current zoning on the site is B3, transitional business. See Figure S. Figure 4 Zoning Map Page 1 5 • Introduction and Background Information VDOT Functional Classification The VDOT Functional Plan for this portion of Frederick County is shown in Figure 5, which shows Route 11 (Martinsburg Pike) as a "Major Collector" in the vicinity of the study area. The functional designation establishes the VDOT Access Management requirements for median crossovers and traffic control. Project Location Functional Classification - Prime Direction — Other Freeways and Expressway, — Other Principal Arterial — Minor Arterial — Major Collector / Minor Collector — Interstate Ramp — Other Freeways and Expiessways Ran I — Other Principal Arterial Ramp — Minor Arterial Ramp -- <all other values, Figure 5 Approved Roadway Functional Classification Map Pagt, 16 • 0 Introduction and Background Information Multi -Modal Access The existing roadway network does not include continuous pedestrian access. Bike lanes are not included in the existing roadway typical sections. Future Transportation Improvements As stated earlier in this section, A review of the VDOT Six -Year Improvement Plan and the Smart Scale Dashboard did not show any active projects for this area. Page 17 Analysis of Existing Conditions Analysis of Existing Conditions Existing Traffic Operations Traffic counts were taken on Wednesday, January 121h, 2022, from 6:00 AM to 9:00 AM and from 3:00 PM to 6:00 PM to identify the peak traffic volume hours. The morning peak hour occurs from 7:00 AM to 8:00 AM, and the evening peak hour is from 4:45 PM to 5:45 PM. The traffic count data is included in Appendix B. The turning movement data for the AM and PM peak hours, with the intersection Level of Service (LOS) by approach, are summarized in Figures 6 and 7. The approach LOS for the stop -controlled leg of the unsignalized intersection is shown, and only conflicted movements are assigned a LOS. Capacity calculations in HCM mode are from Synchro 11. The Synchro calculation worksheets are in Appendix C. Intersection Level of Service Criteria The Highway Capacity Manual methodologies for intersection and roadways Levels of Service (LOS) were used to measure the performance of the study intersections. LOS measures vehicle operator delays with the overall driving experience through a particular facility. Performance is quantified with designations of LOS 'A'through'F' based on the average control delay (given in seconds per vehicle) per lane group and the overall intersection. These LOS designations describe the performance of the intersection from the motorist's perspective, with LOS 'A' representing free -flowing conditions and LOS' F' representing congested conditions. Delay is the additional travel time experienced by a driver, passenger, or pedestrian. Control delay results when a traffic control device (such as a traffic signal) causes a lane group to reduce speed or stop; it is measured compared to an uncontrolled condition. A LOS "C" is preferred for rural conditions. Assessment of the Existing Conditions: • The unsignalized intersection of Jeff's Way and Route 11 has all conflicting movements operating satisfactorily. The stop condition operates at a LOS of B" in the AM peak hour and LOS "A" in the PM peak hour. The northbound left -turn lane operates at LOS of "A" in the AM and PM peak hours. Page 18 A O t: a ti N N O � e-1 N M ,J 1 Jeffs Way �j 0 (0) 8(5) m M v N M •-1 Figure 5 Existing Traffic Volumes Table 12022 Existing Level of Service, Delay, and Back of Queue (95%) Analysis of Existing Conditions AM Peak Hour (PM Peak Hour) Figure 6 Existing Levels of Service and Lane Configurations a Intcrscclion 'Traffic ('araroV Mitigation Lanc/Agxo nO, SloraFc I.cngrlat (B) AM Nak Ilour PM Peak 11oor I.OS Ikla Y Oec/ ch) Back or Queue Ifq LOS DelayBack (acc/vcn) _ of ne (1� (f) 1 effa W. R-k 11 ut> W h ea NT NL 450 A 8.0 0 A 7.8 0 NB LADS - A 0.4 - A 0.1 - SR 175 - - ST - - - - - - - SB LADS - - - - - - EB/R/L - B 10.2 25 A 9.9 25 EB LOS - B 10.2 - A 9.9 OvC1vl1I - 0.4 0.3 EB = Eastbound. WB =Westbound, NB = Northbound. SB = Southbourd. L: Left. T: Thm. R-. R021( Storage lengths inckde halfthe taper. Analysis of Background Conditions Analysis of Future Conditions Without Development (Background) The 2023 traffic volumes represent the future traffic volumes in the study area. The traffic volumes have increased because of land -use changes and regional growth without the proposed Dollar General store. The parent parcel of land was rezoned in 2006 to 133 zoning. With that rezoning, PHR&A provided a traffic study with an addendum dated 2/13/06, which provides the trip generation rates for the proposed 16.9-acre development. A portion of the forecasted development is in place and operational today. The remaining undeveloped land is included in the background traffic volumes and analysis. See Table 2. Table 2 Background trips for undeveloped R&J lands Land Use Units Amount AM *- _._._ PM. _..-____ ADT enter exit Total enter exit Total v � 1O GA Heavy Industrial (LU 120) 1000 SQ FT 120 54 7 61 3 20 23 180 i; o a o � L H-T Restaurant (LU 932) 1000 SQ FT 8 48 44 92 53 34 87 1017 n � F 3 Total 102 51 153 56 54 110 1197 v y v GA Heavy Industrial (LU 120) 1000 SQ FT 24 11 1 12 1 4 5 36 w n o E 0 3 H-T Restaurant LU 932) 1000 SQ FT 0 0 0 0 0 0 0 0 •� v ao Total -11 -1 -12 -1 -4 -5 -36 Remaining Background Trips 1 91 50 141 55 50 305 1161 The turning movement data for the AM and PM peak hours, with the intersection Level of Service (LOS) by approach, are summarized in Figures 7 and 8. The LOS by lane group, approach, overall grade, and back of queue values for each of the study intersections for the weekday AM and PM peak hours in background conditions are shown in Table 2. For the unsignalized intersections, the approach LOS for the stop -controlled leg is shown, and only conflicted movements are assigned a LOS. Capacity calculations in HCM mode are from Synchro 11, The Synchro calculation worksheets are in Appendix C. Traffic Growth Traffic volumes in the background scenario are increased at an annual rate of 1%. This growth rate is considered conservative. • The unsignalized intersection of Jeff's Way and Route 11 has all conflicting movements operating satisfactorily. The stop condition operates at a LOS of B" in the AM peak hour and LOS "A" in the PM peak hour. The northbound left -turn lane operates at a LOS of "A" in the AM and PM peak hours. Page 110 0 • 0 c m � v f. N N H � � m .1 1 Jeffs Way �j 5 (5) I I 53 (50)— 1 a M � m Figure 7 No -Build Traffic Volumes Table 3 2023 No -Build Level of Service, Delay, and Back of Queue (95%) Analysis of Background Conditions AM Peak Hour (PM Peak Hour) 0 c N F-� .11 Jeff's way B (A) —� 1 a a Figure 8 No -Build levels of Service and Lane Configurations V IMcrsccOon ' mfrk fonlmV MiliRalion IdnclAppmach Slora{v Icngths (fl) AM flak (lour PM Ptak Ilow LOS Dcla Y (sedvch) Back of l?ucuc (fll 1.(IS (s.ddw vch) Back of /)ucun (B) JON WaY& Rodc I I Urui�iati+cd .IT - - NL 450 A 8.7 2 i A 8.0 11 NB LOS - A 5.0 - A 0.8 - SR 17i - _ ST - - - - - SB LOS - - - - - - EB✓R1L - B 11,8 25 B 11.6 25 EB LOS B 11.8 B 11.6 - Ovcrall - 1 3.8 - 2.3 - EB = Eastbo ud. W B=Wcstbou�d. NB = Nwhbomd. SB = Somhbomd. L, Lcft- T. A-, R. Right Stomge lm%116 dcide half tle lapm i 11 Site Trip Generation Site Traffic Distribution and Assignment Trip generation for the site is based on the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition. The trip generation values for a Land Use 814, Variety Store are summarized in Table 4. Table 4 Site Trip Generation Land Use Units Amount AM - - —-------- enter exit Total PM ----- enter exit Total AST --- Enter I Exit Total Variety Store (814) 1000 SQ FT 12 20 16 36 41 39 80 382 382 764 Pass -By Trips 6 6 12 14 13 27 Total 20 16 36 41 39 80 382 382 764 Source: ITE Trip Generation Manual, 11" Edition Pass -By Trips Pass -by trip reductions consider site trips drawn from the existing traffic stream on an adjacent street, recognizing that trips drawn to a site would otherwise already traverse the adjacent street regardless of the site's existence. For this project, a northbound vehicle on Route 11 that patronizes the Dollar General and continues north upon completing their store visit is considered a pass -by trip. The ITE Trip Generation Handbook gives a pass -by rate of 34% for land use 814 Variety Store, Site Traffic Distribution and Assignment Trips generated by the development are distributed with 40% to the north and 60% to the south. Trip distributions for the development generated trips, and the pass -by trips are shown in Figures 9, 10, and 11. Page 1 12 • Z W Q W m N oLu o g Cr w ? M w Z D a � ,p N O�NPJ � L Figure 9 Distribution of Development Trips Figure 10 Development Generated Traffic Volumes • Site Traffic Distribution and Assignment O a e° o`er C` sae � �000 cy Rp � T 666, ca' BRUCETOWN RO P� Q- �J AM Peak Hour (PM Peak Hour) _ 9 a � .n le s Way 4 (6) —! I 3 (4) —i e O Figure 11 Pass by Traffic Volumes 1 13 0 • Analysis of Future conditions with Mitigation Analysis of Future Conditions with the Development (Build - out) The analysis of the 2023 Build -out condition represents the future traffic volumes in the study area with the 12,480 SF store fully operational. The traffic volumes for this analysis were computed by adding the new trips to the background traffic volumes and removing trips corresponding with 12,480 SF of heavy industrial land use from the same. Site Entrances The proposed development will have a single entrance connecting to Jeff's Way. See Figure 12 for the proposed site layout. r ir--------- I I I I �+� PROPOSED I � OOIIAR yOAL � X 35 _ 4 150 x B0' W i 50 6P,4CE6 l� M1 I I �+E.a ✓Y ✓ � U1 PdV; n,G "1 I L-------"rN,BEn--— — — — — — - I I � — — — — — — — — _-- — — — — 3cc • - Figure 12 Proposed Site Layout It tl 1 _Z t JIt ill 1 14 y;'a e,. :� .. �' 9Ct ,�._ .},.3-.i .y y r: �,,' ',0{,: i '�'p: IMPACT ANALYSIS STATEMENT R&j Land Development - Dollar General Introduction This project involves constructing 12,480 square foot variety store on 1.444 acres in Clear Brook, Frederick County, VA. The project is west of Route 11, east of 1-81, and south of Cedar Hill Rd (Route 671). Access to the site will be from Jeff's Way. Figure 1 shows the location of the project. The parent parcel of which the proposed B2 area is a part, was rezoned to B-3 in 2006 with rezoning RZ# 01-06. To create the proposed B-2 zoned area, the proffers for rezoning RZ# 01-06 are revised to maintain originally proffered conditions and account for proffers floor areas. Figure 1 Project location map The rezoning site is currently vacant and undeveloped. The site is bounded by Route 11 to the east, undeveloped land, and 1-81 to the west. To the north is more undeveloped land with sparse residential units, and to the south is the Pine Knoll Construction office. 1 • • Site Suitability 100 Year Flood Plains — The site is outside of the 100-year flood plain as can be seen in the FEMA flood hazard mapping shown in Figure 2. National Flood Hazard Layer FIRMette FEMA r"C'01- IFTedesick Comm AREA OF w1RIVAL F O RD �10063 ,, f Project Location 1,41 '. • Ft,ol .c nnn rti i',c ,�,°i•, r�'ry 0 250 500 1000 1,500 2000,vv Ba"mao USGS National Map Orthormaaary Data ralraahad October 2020 Figure 2 Floodplain Map Wetlands — A desktop review of the US Fish and Wildlife Service's National Wetland Inventory mapping shows there are no known wetlands on the site. See Figure 3 2 C, J • R&J Land Development Rezoning National Wetlands Inventory 5 2022 +•w•ay...r'r...o .+. - s.n •nc wrr trw.• • mr rwpwMb 4 ry KKK r n niYrtwr >' M 0•M nY.a+n o� Fw my N wYWr nrYO ••Y No.IO Wetlands ] Freshwatw Emerganl Wetlx.d Lake s. a•+�•.w �N w«�vuara rose •. •• wrw.•. Y,oc....• w Estuanne and Manre Deepwater ■ Freshwater Forestedr5hrue Wetland 01her Estuanne ana Marme Welland Freshwatw pona Rrverrne Figure 3 National Wetland Inventory Map Steep Slopes — Based on field observations and 5 ft contour mapping provided by the Frederick County GIS, the site has been found to be generally flat, without any steep slopes. Mature Woodlands — There are no areas of mature woodlands on the site. Prime Agricultural Soils — Based on data from the USDA Web Soil Survey, all areas of the site with soils type Oaklet Silt Loam, 32B, are prime farmland. See Figure 4. 3 • • Cato son Resource Reoon So* Mao izar G*e *(v We - Clear Brooke R � R �s� taara..a�•r�e.�.:� .es�w� � • c c x c c e ha `Yoo�>on w�w•m Cs�emN•ea wDiM fob ur.�a..Iw writs 9 Figure 4 USDA Soils Map Soil or Bedrock Conditions which would create Construction Difficulties or Hazards — A review of the USDA Web Soil Survey indicates that the depth restrictive features are over 80 inches. Site excavations are not expected to go that deep. Surrounding Properties The proposed rezoning area is a portion of a larger parcel that is zoned B3. Residual B3 land will surround the rezoned parcel on the west and south. Also, to the west is 1-81. To the south, east and north are rural lot residential properties that are zoned RA. Traffic Stowe Engineering has prepared a Traffic Impact Study for the project. The study shows that the proposed Dollar General store does not negatively impact traffic operations at the intersection of Route 11 and Jeff's Way. The intersection movements continue to operate at a Level of Service of "A" or "B" in the AM and PM peak hours through the Design Year 2029. 4 0 0 Sewage Conveyance and Treatment Wastewater from the site will be collected and pumped through the existing Frederick Water force mains on the site and gravity mains elsewhere. The wastewater will be treated at the Opequon wastewater treatment plant, which has a capacity of 12.6 million gallons a day. Water Supply Frederick Water will provide water service to the project. An existing 8" water main is in place at the front of the site. Frederick Water is constructing a new water plant a short distance away that will be rated at 8 million gallons a day. Drainage Drainage from the site flows to the northeast to Turkey Run. Post -development drainage from the site will be routed through stormwater management facilities to control the quantity and quality of stormwater leaving the site. Solid Waste Disposal Facilities Collection of solid waste will occur through on -site dumpsters and private haulers. The Civil Engineering Reference Manual, 4`h edition, uses a solid waste generation rate of 5.4 cubic yards per 1,000 square feet of floor area. Applying this rate, 12,480 sf store will generate 67 cubic yards of solid waste per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Historical Site and Structures A review of the online Virginia Dept. of Historic Resources records did not show any historic architectural or archeological sites in the proposed development area. One site was observed on the adjacent property to the south of the site and another on the adjacent property to the north of the site. Site 034-0930. A review of the VA Department of Historic Resources records showed the existing structure on the property to the north as being historic. The home was identified as the Edward Joliffe house. The home was built in the 1850 Antebellum Period as a single-family dwelling. Figure 7 shows the location of the home. Site 034-0931. The VA Department of Historic Resources records also showed the existing structure on the property to the south as being historic. The home was identified as the Dr. • • Cochran house. The home was built in the 1905 as a single-family dwelling. Figure 7 shows the location of the home. A vegetative screening will be used to protect the viewshed of the site from the visual impacts of the proposed development. Figure 5 VA Department of Historic Resources Map Impact on Community Facilities Educational Facilities — This project will not add children to the school system. Emergency Services — Police protection will be provided by the Frederick County Sheriff Department. The property is in the first response area for the Clear Brook Fire and Rescue station. Therefore, response times from the station to the site are reasonable. Parks and Recreation — This project will not add to the population of Frederick County and, therefore, will not increase the demand for Parks and Recreational services. Solid Waste — As previously stated, the site will generate 67 cubic yards of waste per year. Waste will be collected in private bins and transported by private haulers to the Frederick County land fill. 11 • 0 CedarRt, 6j ROdd \ titi Q�2 r .0 SITE QUARRY yoR 000' EXIT o 321 a VICINITY MAP O 1 " = 2000' D QUARRY FINAL PLAT OF MINOR SUBDIVISION ON THE LANDS OF R & J LAND DEVELOPMENT, LLC STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA FEBRUARY 4, 2022 OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION SURVEY OF THE LANDS OF R & I LAND DEVELOPMENT, LLC, AS APPEARS ON THE ACCOMPANYING PLA T IS ITH THE CONSENT OF AND IN AC ORDANCE WITH THE DESIRES OF THE UNDERSIGN OWNERS, PROPR ORS ND TRUSTEES, IF ANY. S A 17. 1 NKINS, MANAGER SIGNATURE - ROSEA r4,9. >E K MANAGER COMMON L TH OF 11IR6INl4 � CITY DU F O WIT: THE FORE ING OWNERS C IFICATE — , CJ �� WAS ACKNOWLEDGED BEFORE ME THISJL, DAY OF 202 PRINTED NA AE OF OV✓NtR PRINTED NAME OF OWNER PRINT D � OTARV PUBLIC KH.t•I,t RICHARD;SIGNA NOTARY PUBLIC &COMNIC)r,ikl;EALTII URE NOTARYPUBLIC REGISTRATION # 70211 e? !iF MY COMMISSION EXPIRES_ SEAL SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THE PARCELS CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT SURVEY ARE THE LANDS CONVEYED TO R & I LAND DEVELOPMENT, LLC, BY DEED DATED >UL Y 141 2005 AS INSTRUMENT 050017342 AND BY DEED DATED FEBRUARY 9, 2005, AS INSTRUMENT 050002818 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE. GARY . OATES, LAND SURVEYOR APPROVALS Z/231 Zo 22 FREDERICK WATER DATE (12f, Mg_bc�p'!2 �p LTH pF VIRGIN; DEPA NT OF TRANSPORTS-TION DATE /y FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE A Y S Lic. o. 1518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWoifelnc@aoi.com l 540-667-2001 OFC S U R\j 540-545-4001 FAX DRAWN BY: GRO FILE NO: 011.9 SHEET 1 OF 2 0 33-(A)-123D R & J LAND DEVELOPMENT, LLC #030022368 ZONED: B-3 8.615 ACRES 50' R. 0. W. - THE COUNTY OF FREDERICK WES LUKE DRIVE 33-(A)-123C R & I LAND DEV., LLC #030022368 ZONED: B-3 1.037 ACRES 33-(A)-122A R & I LAND DEVELOPMENT, LLC #050002818 ZONED: B-3 USE: AGR. 3.116 ACRES i F( FNn AGR. = AGRICULTURE RES. = RESIDENTIAL R. 0. W. = RIGHT OF WA Y O = PROPERTY CORNER FOUND O = 5/8"X24" IRON ROD SET ROUTE 11 - MARTINSBURG PIKE 90' R. 0. W. 100' 0' 100' GRAPHIC SCALE S 27°58'56" W-167.15' 35' BRL F-- -- -- 7 I 33-(A)-123E R & J LAND DEVELOPMENT, LLC I #030022368 ZONED: B-3 `O 1.262 ACRES I Im ml I� �I I I I - o — 15' BRL — � w _ O o O N 27°58'S6" E 207 70' 15'BRL 33-(A)-123 R&JLAND DEVELOPMENT, LLC #030022368 0 ZONED: B-3 �r 1.444 ACRES N m �I m I� I I 50' BRL 33-(A)-125 MV WINCHESTER, LLC #160012578 ZONED: RA USE: AGR. f14.5 ACRES O C-1 O 5/s "IRF 1750' TORT 671 — CEDAR HILL RD. # RADIUS ARC DELTA BEARING CHORD DIRECTION C-1 11509,16 199.37' 0005933" S 28040'15" W 199.36' C-CW C-2 25.00' 39.19' 8904828" S 7300442" W 35.30' C-CW C-3 25.00' 39.27' 90000,00" N 17001'04" W 35.36' C-CW NOTES 1. AFIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC IN FEBRUARY2022. 2. THE BASIS OF MERIDIAN IS BASED UPON SURVEY RECORDED AT DEED BOOK 567 ON PAGE 557, 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. FINAL PLAT OF p,UTH op A RIGHT OF WAY DEDICATION AND SUBDIVISION C ON THE LANDS OF 1 R & J LAND DEVELOPMENT, LLC p STONEWALL MAGISTERIAL DISTRICT U A� D FREDERICK COUNTY, VIRGINIA LIC. 1518-B 1073 Redbud Road Z�Y Lz ii GreyWolfe, Inc. Winchester, VA 22603 w Land Surveying and Consulting GreyWoifelnc@aoi.com S U Rv 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0119 DATE: FEBRUARY 4, 2022 SCALE: 1 " = 100' 1 SHEET 2 E • CD 050017342 rn CID This deed is exempt from recordation taxes pursuant to § 58.1-811(A)(10), Code of Virginia, 1950, as amended. THIS DEED AND DEED OF ASSUMPTION, made and dated this day of July, 2005, by and between JEFFREY G. JENKiNS and ROSANNA M. JRN GINS, husband and wife, party of the first part, hereinafter called the Grantors; R & T LAND DEVELOPMENT, L.L.C., party of the second part, hereinafter called the Grantee; and the BANK OF CLA KF. COUNTY, party of the third part, hereinafter called the Noteholder. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, M 0 the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple, N 'C1 N the following parcels of land, to -wit: rx -t rQ s~ v u PARCEL 1: (TIN: 34-A-55) x v All that certain parcel of land located along the south side of Route No. 672 (Brucetown Road), in Stonewall Magisterial District, Frederick County, Virginia, fronting 85 feet, more or less, on the south side of Route No. 672, and extending southernly along its eastern boundary a distance of 214 feet, more or less, and extending back in a southernly direction along its western boundary a distance of 221 feet, more or less, and having a width in the rear of 65 feet, more or less; and being the same property conveyed to Jeffery G. Jenkins and Rosanna M. Jenkins, husband and wife, by Deed from Frances W. Russell and Robert W. Russell, dated July 13, 2004, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No.040013338. PARCEL 2: (TIN: 33-A-123) FOWLER GRIFFIN COYNE & All of that certain tract or parcel of land, together with improvements thereon and the PATTON, P.C. appurtenances thereunto belonging, in Stonewall District, Frederick County, Virginia, north Attorneys at Law Winchester, Virginia of Winchester on U.S. Route 11, containing 36.72 acres, more or less, LESS AND EXCEPT that certain conveyance of 12.6577 acres, more or less, from Jeffrey G. Jenkins and Rosanna M. Jenkins, husband and wife, to Open Door Baptist Church, by Deed of Gift, dated October 6, 2004, and recorded in the Clerk's Office of the Circuit Court of Frederick County. Virginia, as Instrument No. 040020485, and FURTHER LESS AND EXCEPT that certain conveyance FOWLER GRIFFIN COYNE & PATTON, P.C. Attorneys at Law Winchester, Virginia C7 —4 Oti lD of an additional 15.7500 acres, more or less, from Jeffrey G. Jenkins and Rosanna M. Jenkins, husband and wife, to Open Door Baptist Church, by Deed of Correction, dated April 21, 2005, reciting total acreage acquired by said Open Door Baptist Church as 28.407 acres, more or less , and recorded in the aforesaid Clerk's Office as Instrument No.050010414; and being a portion of the property conveyed to Jeffrey G. Jenkins and Rosanna M. Jenkins, husband and wife, by deed, dated September 29, 2003, from Junior L. Domer, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 030022368. The aforesaid Deed of Correction was required by the Commissioner of Revenue of Frederick County, Virginia, in that all property conveyed to Open Door Baptist Church ties on the West side of Interstate 81 and the remainder of the Grantors' property lies on the East side of Interstate 81. PARCEL 3: (TIN: 55-A-117) All that certain lot or parcel of land, with all of the improvements and appurtenances thereunto belonging, containing four (4) acres, one (1) rood and twenty-two (22) poles, more or less, located on the west side of State Route 661 (formerly known as Red Bud Road) in Stonewall Magisterial District, Frederick County, Virginia, and being more particularly described by plat and survey of Walker McC. Bond, C.E., dated October, 1946, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 198, at Page 336; and being the same property conveyed to Jeffrey G. Jenkins and Rosanna M. Jenkins, husband and wife, by deed, dated April 15, 2003, from Pauline R. Bowers, by Carol Hawkins, her Attorney -in -Fact, and recorded in the aforesaid Clerk's Office as Instrument No. 030007998. PARCEL 4: (TIN: 43-A-159) All that certain parcel of land containing 2.00 acres, located north of Route 661 (Red Bud Road) in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described on that certain plat and survey made by H. Bruce Edens, C.L.S., dated July 22, 1985, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 603, at Page 245; and being the same property conveyed to Jeffrey G. Jenkins and Rosanna M. Jenkins, husband and wife, by deed dated December 28, 1994, from Wayne G. Robinson and Karen A. Robinson, husband and wife, and recorded in the aforesaid Clerk's Office in Deed Book 832, at Page 981. ]?ARCEL 5: (TIN: 49A3-1-N-25) All that certain lot or parcel of land designated as Lot No. 25, in Section N, on the plat and plan of Shawnee -Land, which plat, together with the deed of dedication is of record in (lie Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 259, at Page 459, and being the same property conveyed to Jeffrey G. Jenkins and Rosanna M. Jenkins. husband and wife, by deed dated March 10, 2000, from Deborah L. Tilkens and Deborah L. Tilkens, Attorney -in -Fact for Mark A. Franklin, and recorded in the aforesaid Clerk's Office in Deed Book 960, at Page 477, 2 FOWLER GRIFFIN COYNE & PATTON, P.C. Attorneys at Law Winchester. Virginia CO O PARCEL 6: (TIN: 33-3-1-11) All that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, on the north side of Secondary Highway No. 669, more particularly described as Lot No. 11 on the plat and survey of Section One, Gordondale Subdivision, on record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 425, at Page 411, et seq; and being the same property conveyed to Jeffrey G. Jenkins and Rosanna M. Jenkins, husband and wife, by deed dated September 17, 1999, from Timothy A. Shirley and Robin A. Shirley, husband and wife, recorded in the aforesaid Clerk's Office in Deed Book 947. at Page 1044, This conveyance is made subject to a certain credit line deed of trust, dated February 9, 2005, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 050002819, securing a note of R & J Land Development, L.L.C., and Jeffrey G. Jenkins and Rosanna M. Jenkins, husband and wife, of even date in the original amount of $ 265,000.00, including interest, payable to the order of the Bank of Clarke County. The Grantee, by its signature hereto, assumes the balance due on said note, the present unpaid principal balance thereon being $263,522.81. The Grantee hereby covenants and agrees to pay the aforesaid note in accordance with its terms and the terms of the aforesaid deed of trust as evidenced by its signing this deed. Further, this conveyance is made subject to a certain credit line deed of trust, dated July 13, 2004, recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 04M 13339, securing a note of Jeffrey G. Jenkins and Rosanna M. Jenkins, husband and wife, of even date in the original amount of $520,000.00, including interest, payable to the order of the Bank of Clarke County. The Grantee, by its signature hereto, assumes the balance due on said note, the present unpaid principal balance thereon being $504,599.59. The Grantee hereby covenants and agrees to pay the aforesaid note in accordance with its terms and the terms of the aforesaid deed of trust as evidenced by its signing this deed. Further, the Grantee joins in this deed for the purpose of acknowledging that the aforesaid credit line deed of trust recorded as Instrument No. 050002819 is secured, and will continue to be 3 FOWLER GRIFFIN COYNE & PATFON, P.C. Attorneys at Law Winclxster, Virginia 0 J secured hereafter, by that certain lot, titled to the Grantee, and identified in the aforesaid credit line deed of trust as Parcel 8, TIN: 33-A-122-A, containing 2.6 acres, Stonewall Magisterial District, Frederick County, Virginia. The Bank of Clarke County, as noteholder, executes this deed for the sole purpose of evidencing its knowledge of and consent to the herein described assumptions. WITNESS the following signatures and seals: R & J LAND DEVELOPMENT, L.L.C., a Virgini% limited liability company By: Jenkins, M. JAkins„Wmb" BANK OF CLARKE COUNTY "'-"'`a 'rifle 4 FOWLER GRIFFIN COYNE & PATTON, P.C. Attorneys at Law Winchester, Virginia o/y''''-"' 4 COMMONWEALTH -OF VIR INIA,,,, yy��'••. +� Jtp'',: CITY/COUNTY OFTo-wit: ,,,,,,,,,,•' I, Notary Public in and for the Commonwealth' aforesaid, do hereby certify that Jeffrey G. Jenkins and Rosanna M. Jenkins, husband and wife, whose names iLl are signed to the foregoing Deed and Deed of Assumption, dated the day of July, 2005, have personally appeared before 7 and owledged the sane: in my jurisdiction aforesaid. Given under my hand this da of July, 2005. My commission expires Notary Public COMMONWEALTH OF jIIRGIjVIA CITY/COUNTY OF t1 , To -wit: I, �A % ? R/Qk&dNotary Public in and for the Commonwealth aforesaid, do hereby ettify that Jeffrey G. Jenkins and Rosanna M. Jenkins, Members of R & J Land Dev 1 ment, L.L.C., , whose names are signed to the foregoing Deed and Deed of Assumption, dated the day of July, 2005, have personally appeared before me and acknowledged the same in my junwictio " G M COMMONWEALTH O VI GIIYIA To-wit:•��'' .�'.%J� ��`?, �•;= r�/COUNTY OF-('ar,r , E • kc l�axa �ci , a Notary Public in and for the Cornmonweaftti>+D"esaid, do hereby certify that :7'Q ' I .S . '—, as '�ee,-jnk Vet& for the Baut 00arke County, signed the foregoing De�and Deed of Assumption, dated the aN* day of July; 2005, has personally appeared before mo and ackngwledged the same in my jurisdiction aforesaid. Given under my hand this 0Xf10 day of July, 2005. �."'""``"""'•., My commission expires -3n - O o}Tyco+;'� Notary Public, o 0 4 ar 0, VIRGINIA: FREDERICK COUNTY, 5CT. C a T ent of writing wes prodd to me on This instrument produced f %Ojp 1 lam__—__ 5 ._. at and with ce:rtificaw of aclurowtcdoement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ e and 58.1-801 have been pald, if assessable 4ow� , Ckrk T A X R E C E I P T - Y E A R 2 0 2 1- 2nd H A Ticket 4:00328030002 @@ FREDERICK COUNTY Date 11/12/2021 C. WILLIAM ORNDOFF, JR Register: LBX/LJTB1 P.O. BOX 225 Trans. #: 25739 Dept ## RE202102 WINCHESTER VA 2260470225 ACCT## 8050G24 2021 REAL ESTATE - Previous 8.61 ACRES 33 A 1231) ':.. Balance $ 2103.28 .Acres: 8,.62 Priic"ipa1:. Being Paid $ 2103.28 Land: 689600 Imp: 0 Penalty $ .00 Interest $ .00 R & J LAND DEVELOPMENT LLC Amount Paid $ 2103.28 1631 REDBUD RD *Balance Due WINCHESTER VA 22603'.•:,. as of il/12/2021 $ .00 Check## BOC 2218$ 2103.28 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) x 1 U 2 1- 1st H A Ticket ## : 00328030001 @@ n FREDERICK COUNTY Date 5/06/2021 C. WILLIAM ORNDOFF, JR Register: LBX/CSDB1 P.O. BOX 225 Trans. if: 12939 Dept It RE202101 WINCHESTER VA 226.0470225 ACCT## 8050624 2021 REAL ESTATE Previous 8.61 ACRES 33 A 123D Bailance $ 2103.28 Acres: '8,62 Principal: --Being Paid $ 2103.28 Land: 689600 Imp: 0: Penalty $ .00 Interest $ .00 R & J LAND DEVELOPMENT LLC Amount Paid $ 2103.28 1631 REDBUD RD *Balance Due WINCHESTER VA 22603 as of. 5/06/2021 $ .00 Check## BOC : 2175$ 2103.28 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY.AND JNTEREST. (DUPLICATE) DOCUMENT APPROVAL FORM PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL, INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL, PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Mark Tyler John Wyatt Brian COMMENTS: Initials 4� OZ- a-7, Received by Clerical Staff (Date & Time): Date & Time