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HomeMy WebLinkAbout06-17 17 K & J Investment - Stonewall PINS 43-A-147, 148, 149, 151C - Backfile0 0 REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit _ Deed Plat/Survey _ Taxes Paid Statement , l 1 File opened I a Reference manual updated/number assigned -a l- (�1 D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping �a' g Scan documents to Planning S: drive $ '1 Application Action Summary updated Scan additional items as needed (Project Planner to direct) 6 11 l Planning Commission Meeting ACTION: r Board of Supervisors Meeting ACTION: l 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 ec's Reference manual updated S, D-base updated Scanning updated ai 1 Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID # DATE'! RECEIPT72.14" 2 RECEIVED FROM 1 /,�1 ADDRESS �� I JJ- V j� Qs Q1c�3� r jr •� - I T DOLLARS FOR ACCOUNT HOW PAID BEGINNING CASH BALANCE AMOUNT 1� _� CHECK PAID BALANCE I MONEY DUE ORDER r"4j[fjj � i : rp-'M�V_ (D2001 rtm • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 February 15, 2017 Mr. Tim Stowe Stowe Engineering, PLC 103 Heath Court Winclicster, Virginia 22602 RE: REZONING #06-17 K&J Investments, LC PINS: 43-A-147, 43-A-148, 43-A-149 and 43-A-151C Dear Tim: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on February 14, 2018. The above -referenced application was approved to rezone 2.459+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936+/- acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers, and 0.488+/- acre of land zoned MI (Light Industrial) District to the B2 (General Business) District with proffers. The properties are located at the northeast corner of' the intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard in the Stonewall Magisterial District and are identified by Property Identification Numbers 43-A-147, 43-A-148, 43-A-149 and 43-A-151 C. The proffer statement, originally dated May 22, 2017 and revised on October 27, 2017 that was approved as a part of this rezoning apphcaUon are Unique to the above referenced properties and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Slllccrely, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: Judith McCann -Slaughter, Supervisor Stonewall District Gary Oates and William Cline, Stonewall District Planning COmmisslollel's Jane Anderson, Real Estate Ellen Murphy, Commissioner of IZcvelllle Rod Williams, County Attorney w/Proffer and Resolution K&J Investments, LC 1800 Martinsburg Pike, Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 4 Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Thursday, February 15, 2018 2:40 PM Subject: Delivered: Rezoning #06-17 K&.J Investments LLC Your message has been delivered to the following recipients: Judy McCann -Slaughter (jslaughter@fcva.us) Subject: Rezoning #06-17 KW Investments LLC 0 0 Pam Deeter To: Judy McCann -Slaughter; Gary Oates; wcline.fredcogovpc@icloud.com Subject: Rezoning #06-17 K&J Investments LLC Attachments: K & J Investment #06-17.doc Good afternoon, Please find attached an approval letter from Mrs. Perkins in regards to the approval of Rezoning #06-17 K&J Investments, LC which is in your magisterial district. If you have any questions, please contact Mrs. Perkins. Pam Deeter Planning and Development 107 N. Kent Street, Suite 202 Winchester, VA 22601 (540) 665-5651 0 0 Pam Deeter From: Mail Delivery System < MAILER- DAEMON @AOL.com> To: oatesgr@aol.com Sent: Thursday, February 1S, 2018 2:40 PM Subject: Relayed: Rezoning #06-17 K&J Investments LLC Your message was successfully delivered to the destination(s) listed below. If the message was delivered to mailbox you will receive no further notifications. Otherwise you may still receive notifications of mail delivery errors from other systems. Please direct further questions regarding this message to your e-mail administrator. --AOL Postmaster <oatesgr@aol.com>: delivery via Imtp. mail. aol.com[10.96.116.46]:7025: 250 2.1.5 OK • REZONING APPLICATION 06-17 K & J INVESTMENTS, LC Staff Report for the Board of Supervisors Prepared: January 31, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Planning Commission: O1/17/18 Board of Supervisors: 02/14/18 Action Public Hearing Held; Recommended Approval Pending PROPOSAL: To rezone 2.459-1-/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936+/- acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers, and 0.488+/- acre of land zoned M 1 (Light Industrial) District to the B2 (General Business) District with proffers. LOCATION: The subject properties are located at the northeast corner of the intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 02/14/18 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total of 3.9 acres of land to the B2 (General Business) District with Proffers. The site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The property is located within the Sewer and Water Service Area (SWSA). The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan. With this rezoning, the Applicant has proffered to limit the number of restricted entrances on Martinsburg Pike and Snowden Bridge Boulevard and provide internal access via Ezra Lane and NUlton Lane. The site shall not exceed 3,441 average trips per clay. The Applicant has also proffered a 20' right-of-way dedication for Martinsburg Pike. The application also provides corridor enhancements such as a split rail fence, and increased parking setbacks and signage and a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission diet not identify any concerns with the request and recommended approval of the application at their• January 17, 2018 meeting. Following the required public heaHug, a decision ret;ardiu this rezoning application bj, the Board of Supervisors would be appropriate The Applicant should be prepared to adequately adrh-ess all concelY1S raised by the Board of Supervisors. ..V r Rezoning 1106-17 K & J Investments, LC January 31, 2018 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the PoQYd of Supel'visoi-s to assist them in making a decisioil oil this application. It may also be ust'ful to othel's interested n1 this zoning /Mattel'. Unresolved issues concerning this application ai•e doted by staff Where relevant throughout this staff report. Reviewed Action Planning Commission: 01/17/18 Public Hearing Held; Recommended Approval Board of Supervisors: 02/14/18 Pending PROPOSAL: To rezone 2.459+/- acres from the RA (Rural Areas) District to the 132 (General Business) District with proffers, 0.936+/- acres of land zoned RP (Residential Performance) District to the 132 (General Business) District with proffers, and 0.488+/- acre of land zoned M 1 (Light Industrial) District to the 132 (General Business) District with proffers. LOCATION: The subject properties are located at the northeast corner of the intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-147, 43-A-148, 43-A-149 and 43-A-151C PROPERTY ZONING: RA (Rural Areas) District, RP (Residential Performance) District and zoned M1 (Light Industrial) District PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: 132 (General Business) District RP (Residential Performance) District South: 132 (General Business) District 133 (Industrial Transition) District East: RP (Residential Performance) District MI (Light Industrial) District West: 132 (General Business) District 133 (Industrial Transition) District Use: Commercial Residential Use: Commercial Use: Industrial/Commercial Residential Vacant Use: Commercial Coll inct—clal/Industrial Rezoning 406-17 K & J Investments, LC January 31, 2018 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please syee ei)?ctil f'oili AlallheiN Smith, dared S(-,l)tember 5, 2017. Fi-edei•ick County Sanitation Authority: Please see leller from Eric R. Laii mace, AICP, Executive Direclor daled August 9, 2017. Frederick County Department of Public Woi-ks: A comprehensive review shall occur at the time of site plan submission. An existing stormwater BMP was constructed with the Snowden Bridge Boulevard and is owned by Frederick County. If this facility could provide benefit to developer to achieve stormwater requirements, we Could work with them on shared use and transfer of ownership for their use and maintenance. Frederick County Fire Marshall: Plan approved. Frederick CountyAttorney: I leave reviewed the revised proffer statement and this confirms tliat the County Attorney comments have been addressed. Winchester -Frederick County Health Department: The Health Department has reviewed the request for comments for the Rezoning of property belonging to K & J investments, LC, from RA (2.459 acres); RP (0.936 acres); & M 1 (0.499 acres); to B2 (3.9 acres); designated as Tax Map 4 43-A- 147, 43-A-148, 43-A-149, & 43-A-151 C. This Health Department has no objections to the rezoning of the above listed property. Based upon information provided by the Applicant, the future use of the property will include a proposed convenience store, and a proposed fast food restaurant, which will be served by public water and sewer. The Applicant describes the property as an open field Nvith one single family home, In the event that construction or development of the property may impact any existing private water supply (well), or sewage disposal system, the Applicant is requested to Consult with the Health Department for proper abandonment practices in regards to septic components (septic tanks, purnp tanks), or existing wells. Application for a well abandonment permit Must be made through this IIealth Department prior to any construction that may impact an existing private water system (well). Winchester Regional Airport: Rezoning Is compatible with airport operations. Frederick County Department of Park & Recreation: Appears to meet Parks and Recreation requirements. Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester, VA Quadrangle) identifies the majority of the subject property as being zoned R-3 (Residential General). The R-3 (Residential General) District zoning classification was modified to RP (Residential Performance) District on February 14, 1990, during the comprehensive amendment to the County's Zoning Ordinance. Parcel 43-A-151C was rezoned to the M1 (Light Industrial) M 9 Rezoning #06-17 K & J Investments, LC January 31, 2018 Page 4 Zoning District with Rezoning #03-05 for North Stephenson which was approved by the Board of Supervisors on April 27, 2005. 2) Comprelensive Plan The 2035 Comprelensive Plan is the guide for the future growth of Frederick County. The 2035 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 a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of this property. The property is located within the Sewer and Water Service Area (SWSA). The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan. Transportation and Site Access As depicted on the Applicant's GDP, the site would be accessed via one right-in/right-out entrance on Snowden Bridge Boulevard, one full entrance on Ezra Lane and a right-in/right-olit entrance on Martinsburg Pike which would be accessed via Nulton Lane. With this rezoning, the Applicant has proffered to extend Ezra Lane as a public road fi-om Snowden Bridge Boulevard to the edge of the site. Ezra Lane is proposed to connect to Nulton Lane which is a private road which would serve as part of the internal road system for the proposed development. These roadways will also serve as interparcel connections to the adjacent properties. The entrance locations shown on the proffered GDP are conceptual in nature —the proffer states that the final design and location of these entrances will need to be approved by VDOT and the County. The Applicant also proffered that the site would not exceed 3,441 vehicle trips per clay. 3) Proffer Statement — Dated May 22, 2017, Revised October 27, 2017: 1. Transportation - Vehicle Trips per Day shall not exceed the current by -right trips of 3,441 AADT. 0 Rezoning 406-17 K & J Investments, LC January 31, 2018 Page 5 a. The owners hereby proffer to construct no more than one "right-in/right-out only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. b. Tlie owners hereby proffer to improve the existing "1'Igllt-In/1-igllt-OL1t 011ly" elltl'ailee/exit onto Martinsburg Pike (Route 11) at Nulton Lane as shown on the GDP. Final design to be approved by VDOT and the County of Frederick. No Other entrances will be constructed on Route 11. c. The owners hereby proffer a public road, designed and constructed to VDOT standards, to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels will be also be granted an access easement over Ezra Lane. Said road is already proffered for construction in Rezoning #12-16; however, construction will be by the owners should development occur within this rezoning first. d. The owners hereby proffer to construct nO more than one full entrance/exit onto Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. e. The owners hereby proffer a private road to be known as Nulton Lane within their property as shown on the GDP. This will serve as the internal road system, built to County standards for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. f. The owners hereby proffer an additional 20' strip of land along Route I 1 as shown on the GDP for right-of-way improvements including a 5' sidewalk. The dedication and improvements will occur with the approval of the first site plan. g. The owners hereby proffer to enter into a signalization agreement with the Virginia Department of Transportation for the warrant study and installation of a traffic signal at the intersection of Snowden Bridge Boulevard and Ezra Lane, prior to the approval of the fist site plan. It is understood that the owner's participation will be pro -rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. 2. Corridor Enhancement along Route 11 - Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be consistent with the 50' front building setback. a ) Rezoning #06-17 K & J Investments, LC January 31, 2018 Page 6 c. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 3. Fire & Rescue - Monetary Contributions a. The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. PLANNING COMMISSION SUMMARY AND ACTION FROM THE O1/17/18 MELTING: Staff reported this application is to rezone a total of 3.9 acres of land to the B2 (General Business) District with Proffers. The current zoning of the properties arc RA, RP, and M 1. Staff then provided an overview of the proffers offered with the rezoning. Mr. Tim Stowe of Stowe Engineering, PLC and representing the Applicant came forward and provided an overview of the requested reoning application; there were no questions for Mr. Stowe. There were no public comments and a motion was made, seconded, and unanimously recommend approval of REZ 406-17 for K&J Investments. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR TI4E 02/14/18 BOARD OF SUPERVISORS MEETING: This is an application to rezone a total oI'3.9 acres of land to the B2 (General Business) District with Proffers. The site is located within the Sewer and Water Service Area (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The property is located within the Sewer and Water Service Area (SWSA). The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan. With this rezoning, the Applicant has proffered to limit the number of restricted entrances on Martinsburg Pike and Snowden Bridge Boulevard and provide internal access via Ezra Lane and Nulton Lane. The site shall not exceed 3,441 average trips per clay. The Applicant has also proffered a 20' right-of-way cledieation for Martinsburg Pike. The application also provides eorriclor enhancements such as a split rail fence, and increased parking setbacks and signage and a monetary contribution of $0.10 per building square foot for Fire and Rescue. The Planning Commission did not identifj, any concerns with the request and recommended .approval of the application at their January 17, 2018 Illeeting. 1`olloiying the F'equh-ed public heafing, a decision i-egaPding this 1'ezoning application bV the Board of Supervisors would be appropriate The Applicant should be pi-epai•ed to adequately address all concerns raised by the Board of Supervisors. W -,I J t60 MERCNAM ST of ; Este MA R71N56URG PIKE 1764 sti Z(= 0 6'jk OP4 Application s Sewer and Water Service Area OParcels Building Footprints B1 (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) RS (Residential Recreational Community Distric RA (Rural Areas District) RP (Residential Performance District) N I 194.7 19,E_7A I� J� S r'- PQ- iLV1 'A P F Z r: 0--_ , 7 ` • ry ,w i' Ire e40 �LJL7 r� 1 REZ # 06 - 17 Note: Frederick County Dept of K and J Investments, LC Planning & Developments PINS: 107 N Kent St 43 - A - 147. 43 - A - 148, 43 - A 149, Suite 202 43 A - 151C Winchester, VA 22601 Rezoning from RA. RP. and MI to B2 540 665 - 5651 with Proffers Map Created: December 21, 2017 Zoning Map Staff: cperkins 0 130 260 520 Feet • Applications Sewer and Water Service Area Parcels Building Footprints IIIAI RlIIY30YR{s hk IIKE ►� 1917 1962 UN G�AURII111I RG AIIIARPiKE . �/IKE IIKE . eliz� N'e REZ � Fr 06 - 17 NoCounty Dept of K and J Investments, LC Planning & Developmerl PINs: 107 N Kent St 43 - A - 147, 43 A 148, 43 A - 149. Suite 202 43- A - 151C Winchester, VA 22601 Rezoning from RA. RP, and MI to 82 540 - 665 - 5651 with Proffers Map Created: December 21. 2017 Location Map Staff: cperkins 0 130 260 520 Feet C� M0 - -� �1,1„ —o,ons Sewer and Water Seance Area Parcels Q . Building Footprints Long Range Land Use O Residential eiC: Neighborhood village Urban Center - Mobile Home Community Q Business Highway Commercial Mixed -Use (a Mixed Use Commerual/Office 0 Mixed Use Industrial/Office • Industrial ® Warehouse Heavy Industrial 0 Extractive Mining C—j Commercial Rec Rural Community Center Fire 8 Rescue 40, Sensitive Natural Areas ® Institutional • Planned Unit Development Park Recreation �o) School <T.L�JC Employment Employment Airport Support Area Q B2/B3 O Residential 4 u%a O High -Density Residential, 6 u/a High -Density Residential. 12-16 ula •O (�D Rural Area Interstate Buffer Landfill Support Area Natural Resources 8 Recreation OEnvironmental 8 Recreational Resources REZ -06- 1' 6" 4Mb T MARTINSBURG BIKE PIKE 't� 1927 IARTINSSURG MARTINSRURG IIKE PIKE '907 TINSlURG PIKE O ul 1854 NUlTOS MA RTINSBURG PIKE •I. 43 A 147 1. ua l ltliz� REZ # 06 - 17 Nate: Frederick County Dept of K and J Investments, LC Planning & Developments PINS: 107 N Kent St 43 - A - 141. 43 - A - 148, 43 - A - 149, Suite 202 43 A - 151C Winchester, VA 22601 Rezoning from RA. RP, and MI to B2 540 665 - 5651 with Proffers Map Created: December 21, 2017 Long Range Land Use Map Staff: cperkins 0 130 260 520 Feet 0 • • Rezoning: Property: Record Owners: Project Name: Original Date of Proffers: Revisions: Magisterial District: Proffer Statement for Omps North East RZ # -17 Area: 3.883 acres Tax Parcels 43-(A)-147, 148, 149, & 151C K&1 Investments, LC Omps North East May 22, 2017 October 27, 2017 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 owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application = 17 for the rezoning of 3.395 acres from the RA District to the B2 District and 0.488 acres from the M1 District to the B2 District, said areas being shown on the attached rezoning plat, development of the subject properties 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 owners and such are approved by the 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 owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to K & J Investments, LC from North Stephenson, Inc. by Deed per instruments 050009792 and 130013563, and from Cheryl L. DeHaven, by Deed per instrument 160005375 as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated September 19, 2017, by Stowe Engineering, is attached to and made part of this proffer document. • 9 Proffers: Transportation -Vehicle Trips per Day shall not exceed the current by -right trips of 3,441 AADT. To be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. a. The owners hereby proffer to construct no more than one "right-in/right-out only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. b. The owners hereby proffer to improve the existing "right-in/right-out only" entrance/exit onto Martinsburg Pike (Route 11) at Nulton Lane as shown on the GDP. Final design to be approved by VDOT and the County of Frederick. No other entrances will be constructed on Route 11. c. The owners hereby proffer a public road, designed and constructed to VDOT standards, to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels will be also be granted an access easement over Ezra Lane. Said road is already proffered for construction in REZ 12-16; however, construction will be by the owners should development occur within this rezoning first. d. The owners hereby proffer to construct no more than one full entrance/exit onto Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. e. The owners hereby proffer a private road to be known as Nulton Lane within their property as shown on the GDP. This will serve as the internal road system, built to County standards for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. f. The owners hereby proffer an additional 20' strip of land along Route 11 as shown on the GDP for right of way improvements including a 5' sidewalk. The dedication and improvements will occur with the approval of the first site plan. g. The owners hereby proffer to enter into a signalization agreement with the Virginia Department of Transportation for the warrant study and installation of a traffic signal at the intersection of Snowden Bridge Boulevard and Ezra Lane, prior to the approval of the first site plan. It is understood that the owner's participation will be pro -rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. • E • C� • 2. Corridor Enhancement along Route 11 - Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be consistent with the 50' front building setback. c. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 3. Fire & Rescue - Monetary Contributions a. The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. 3 0 0 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owners and owners. 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. Respectfully Submitted::n K & J Investments, LC Date Keven V. Omps, Managing Member COMMONWEALTH OF VIRGINIA, City/County of e &-2 ` S To Wit: The foregoing instrument was acknowledged before me this day of Z' ' 20 ki� by Keven V. Omps in his capacity as Managing Member of K & J Investments, LC. My Commission Expires: �- � . Notary Registration Number: .;41• 1)�6to 16ki 4 Notary Public • • 0 Ex Stoplights 8-2 Zoning - 701 6 - R4 04-16 (b Is I _41 INSTALL ENTRANCE RIGHT IN -OUT NOTE: ENTRANCE AS SHOWN IS CONCEPTUAL IN NATURE. FINAL LOCA 77ONS SHALL BE DETERMINED WITH SITE PLAN zom IMPROVE ENTRANCE , RIGHT IN -OUT WEBER'S NURSERY PR, 0 ?n,D n w DEDICATION PROPOSED _d, 3.883 ac - B-2 REZONING 2,459 RA rl 0 Pr. Stoplights Ezra Lane FULL ENTRANCE I M-1 Zoning - 2012 - REZ-12-16 0 > ' �` `\ DATE: SEPT.19, 2017 100, 01 100' SCALE: 1"=100' GRAPHIC SCALE DRAWN BY: GRO IDB NO. #0460 • 0 ORDINANCE Action: PLANNING COMMISSION: January 17, 2018 - Recommended Approval BOARD OF SUPERVISORS: February 14, 2018 - ❑ APPROVED 11 DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 406-17 K&J INVESTMENTS, LC WHEREAS, REZONING 406-17 K & J Investments, LC, submitted by Stowe Engineering, PLC to rezone 2.459± acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936± acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers and 0.488± acres of land zoned M 1 (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 27, 2017 was considered. The subject properties are located at the northeast corner of the intersection of Martinsburg Pike (Route 1 1) and Snowden Bridge Boulevard. The properties are located in the Stonewall Magisterial District and are identified by Property Identification Nos. 43-A-147, 43-A-148, 43-A-149 and 43-A-151C; and WHEREAS, the Planning Commission held a public hearing on this rezoning on January 17, 2018 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 14, 2018; 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 rezone four (4) parcels of land, 2.459± acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936i acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers and 0.488f acres of land zoned M 1 (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 27, 2017. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes H04-18 0 11 -2- This ordinance shall be in effect on the date of adoption. Passed this 14th day of February 2018 by the following recorded vote: Charles S. DeFlaven, Jr., Chairman J. Douglas McCarthy Shannon G. Trout Blaine P. Dunn Gary A. Lofton Robert W. Wells .ludith McCann -Slaughter A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes #04-18 Imapact Analysis Statement om ps NE Rezoning Stonewall Magisterial District Parcel ID 43-(A)-147, 148, 149, and 151 Total Area: 3.9 acres May 30, 2017 Owner: K&J Investments, LC Winchester, VA 22603 Prepared by Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 �J • IMPACT ANALYSIS STATEMENT K&J Investments, LC Intf•oduction K&J Investments, LC is requesting a rezoning of 3.9 acres in Frederick County. The property is owned by K&J Investments and is located east of Martinsburg Pike, and north of Snowden Bridge Boulevard and is currently an open field with one single family home. The applicant is seeking a change in zoning from RA, RP, and M-1 to B-2. The Frederick County Comprehensive Plan's 2035 Long Range Land Use map shows this property is planned for business use and the requested B-2 zoning is consistent with this planned use. A convenience store that sells fuel, and a fast food restaurant are planned for the site. The site will be graded, landscaped, and roads installed that will meet current County specifications. The main entrance will be constructed on Ezra Lane. A right -in right -out connection will also be made to Snowden Bridge Boulevard and where Nulton Lane connects to Martinsburg Pike, Site Suitability 100 Year Flood Plains - The site is not located within or near any 100-year flood plains per FEMA Flood Map No. 51069CO210D. Wetlands — Based on information contained in the US Fish and Wildlife Service National Wetlands Inventory web site, there are no wetlands on or around the proposed rezoning area. Steep Slopes — This site is fairly flat, without any steep slopes. Mature Woodlands — There are no areas of mature woodlands on the site. Soil or Bedrock Conditions which would create Construction Difficulties or Hazards — A review of the USDA Web Soil Survey indicates that the depth to bedrock for 4+ acres of the site is 20 to 40 inches, and for the remainder of the site it is over 80 inches. Where rock is encountered in excavation areas it will be removed by mechanical means or blasting. • • • Surrounding Properties The subject property is surrounded by: • Open fields that are zoned M-1 are to the east and are owned by the land owner who is requesting this rezoning. • Six single-family homes line Nulton Lane to the north, four of which are owned by the land owner who is requesting this rezoning. • To the south is Snowden Bridge Boulevard and HH Omps Trucking. • To the west is Martinsburg Pike and the Rutherford Crossing shopping center. The distance from the property line to the homes on the north side of Nulton Lane is 30 feet or more. Due to existing utilities and the Frederick County zoning buffer requirements, noise or glare impacts on the neighbors is expected to be minimal, if any. The planned uses will are not generators of loud noises, fumes or pollution. Traffic A Traffic Impact Study has been prepared by Stowe Engineering. The study shows that with the construction of Ezra Lane and improvements to Nulton Lane, the traffic resulting from this development are manageable. However, it is recognized that this proposed development will add traffic to the roadways. Therefore, the developer is proffering to construct Ezra Lane and Nulton Lane to improve mobility to the area. Sewage Conveyance and Treatment The site is located inside of the Frederick County Sewer and Water Service Area. Wastewater from the site will be conveyed to the existing sewer pump station located on the HH Omps site a short distance to the south. From there the wastewater will be conveyed through the Frederick County Sanitation Authority system to the Opequon Water Reclamation Facility. Water Supply 7 • SThe site is located inside of the Frederick County Sewer and Water Service Area. An existing 12" water main was extended to the site during the construction of Snowden Bridge Boulevard and will be used to provide water service to the proposed development. Drainage Drainage from the site flows to the east across the open field to a ditch beside the C5X railroad. From there it flows northward to a culvert under the railroad and into the head waters of Hiatt Run. Post -development drainage from the developed areas will be routed through stormwater management facilities to control the quantity and quality of stormwater leaving the site. Solid Waste . Collection of solid waste will occur through the use of 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, 7,000 sf of development will generate 37.8 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 National Register of Historic Places did not show any historic sites at the location of the proposed rezoning. • 0 0 Impact on Community Facilities Educational Facilities — This project will add no children to the school system. Emergency Services — Police protection will be provided by the Frederic County Sheriff Department. The property is located in the first response area for the Clearbrook Fire and Rescue station. 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. Libraries - This project will not add to the population of Frederick County and therefore will not increase the demand for library services. Local Government — The Frederick County Impact Model will be used to determine the level of impact this project will have on the local government. • r: lel • PROJECT LOCATION MAP OMPS NORTHEAST PROPERTY REZONING COLMCDiry rn 1/A 01 :m Candice Perkins From: Funkhouser, Rhonda (VDOT) <Rhonda,Funkhouser@VDOT.Virginia.gov> on behalf of Smith, Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov> Sent: Tuesday, September 5, 2017 8:10 AM To: John Bishop Cc: Tim Stowe; Short, Terry (VDOT); Campbell, Adam (VDOT); Smith, Matthew, P.E. (VDOT) Subject: Omps Northeast Rezoning/TIA - VDOT Comments 9.5.2017 A VDOT review has been completed on the Omps Northeast Rezoning/TIA. We offer the following comments: • VDOT Staunton District Planning recommends removal of the proposed right -in / right -out (RIRO) entrance to the site on Snowden Bridge Boulevard from both the proffers and the report recommendations. The entrance does not comply with Access Management Regulations, being the location of this entrance is within the functional area of the signalized intersection at US 11, as it overlaps the existing tapers of the westbound right turn lane and both the westbound and eastbound left turn lanes on Snowden Bridge Boulevard. With the proposed location of the additional RIRO entrance onto US 11, the majority of the site trips that would utilize the subject entrance would be accessing southbound US 11, which would require two lane shifts past the through and right turns on Snowden Bridge Boulevard to access the dual left turn lanes. This movement may result in a safety issue given the short distance to achieve the desired lane positioning, with safety concerns increasing in the future as traffic volumes on Snowden Bridge Boulevard grow with developments coming online, and ultimately the connection to Old Charles Town Road. Additionally, without a divided median, the likelihood of drivers making unlawful left in and out movements at the proposed RIRO entrance further compounds potential safety issues. As a Major Collector facility, the intent of Snowden Bridge Boulevard is to provide properly planned access points to service the local road network in a manner that maintains efficient and safe operational progression on the corridor. Commercial entrances should be proffered without The approval of the subject entrance given the location's proximity to two signalized intersections (one planned) does not meet this intent and therefore, cannot be supported. In addition, proposed entrance approvals will only occur at time of specific site development plans and should not be approved with proffers at rezoning stage. • We recommend the proffer for RIRO entrance at Nulton Lane be revised to "provide improvements to the existing entrance at Nulton Lane" as there is already an entrance there. Based on the forecasted Design Year PM turning movements at the pfepesed existing RIRO entrance to Nulton Lane, a 100' right turn taper is warranted. Furthermore, with the forecasted Design Year advancing volume on northbound US 11, only 17 additional right turns are necessary to warrant a full right turn lane onto Nulton Lane. Since this roadway will serve as an interparcel connector to properties north and, east of the subject site, it is inevitable that future right turn volumes will warrant the full turn lane, of which the applicant will be the primary contributor. The turn lane will also remove decelerating vehicles accessing the site from the US 11 northbound lane merge along the property frontage, enhancing mainline operations and safety. District Planning recommends that the County require the addition of the full right turn lane along the property's US 11 frontage to the report conclusion and mitigation measures offered by the applicant. • The submitted draft proffers dated June 19, 2017 provide a 20' right-of-way dedication along the property's US 11 • frontage to accommodate future planned widening of the facility. However, the report recommendations state a 10' right-of-way dedication along US 11. This section of US 11 is designated as an urban, 6-lane, divided facility per the Frederick County Comprehensive Plan. Please confirm that the proposed width of right-of-way dedication can 4 accommodate three future US 11 northbound through lanes, a right turn lane, curb and gutter section and sidewalk with minimum buffer width (approximately 62' width from the edge of the existing US 11 median). is • District Planning recommends the report conclusion and improvements offered by the applicant include the construction of a 5' wide sidewalk along the property's US 11 frontage. Said sidewalk to be located to accommodate the full future widening of US 11 with a minimum 4' wide buffer strip between the future back of curb and edge of sidewalk, per VDOT Road Design Manual standards for Urban Collector Streets. • The report states that an assumption of 10% heavy vehicles was assigned to the background Graystone development trip generation. However, the heavy vehicle % settings in the Synchro models do not reflect this assumption, as all ingress and egress volumes from Snowden Bridge Boulevard appear to be set at 2% heavy vehicles. Synchro models and/or report will need to be updated accordingly, should a revised TIA submission be recommended by the County. • Remove the proposed full entrance proffer onto Ezra Lane. The entrance approvals will occur at time of specific site development plan and should not be approved with proffers at rezoning stage. General Study Comment: • Appendix F of the report contains the signal timing information provided by VDOT for use in the study analysis. The existing signal at US 11 and Snowden Bridge Boulevard is part of a coordinated InSync system that also includes the ramp signals at the Exit 317 interchange. During the scoping process, VDOT requested that the existing year models utilize the provided cycle lengths and clearance intervals with split optimization to reflect the operation of the adaptive coordination system in the peak hour. As submitted, the existing year AM model utilizes the correct 140 second cycle length, but the existing year PM model uses a 60 second cycle length, instead of the current 150 second cycle length. Additionally, all future year Synchro models utilize considerably shorter cycle lengths of 60 - 85 seconds. While the Synchro outputs identify these shorter cycle lengths as achieving acceptable future year measures of effectiveness, simulation in SimTraffic identifies that the short cycle lengths are not capable of constantly clearing vehicle queues when a signal phase is served. While VDOT provided direction during the scoping process to optimize future model cycle lengths and splits, consideration must be given in the selection of future year cycle lengths as they relate to the other signals in the adaptive coordinated corridor. Simulation shows that dropping the cycle lengths by half does not work operationally at the single study intersection, let alone the entire InSync corridor. That being said, given the fact that the existing US 11 / Snowden Bridge Boulevard intersection is generally at maximum buildout, even if more appropriate cycle lengths are analyzed, it is VDOT's opinion that traffic generated by the subject property is unlikely to result in additional mitigation measures that are not already identified in the report or these comments. However, the current analysis outputs presented in the report are not an accurate representation of the sum of total potential future development impacts to the study intersections / US 11 corridor. Numerous previous studies completed in the area have all identified that significant improvements to the transportation network are necessary given the anticipated level of growth along US 11 to the north of Exit 317 (widening of US 11, full completion of Snowden Bridge Boulevard, relocation of Redbud Road and the Exit 317 northbound off -ramp). Therefore, VDOT will defer to Frederick County to determine if a full update of the TIA to more accurately model potential future conditions is warranted for the county's information. At a minimum, VDOT District Planning recommends that an updated version of the report executive summary and conclusion be submitted as an addendum (which highlights revisions in response to the comments below), along with an updated • proffer submittal for a second review. 0 • Should you have any questions or wish to discuss this information, do not hesitate to let me know. •Matthew B. Smith, P.E. I Area Land Use Fngineer Virginia Department of Transportation Clarke, Frederick, ShenandoL h & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax; 540/984-5607 e-mail: Matthew.Smith@vdot.virginia.gov 0 0 0 n U • 17J 315 Tasker Road Stephens City, Virginia 22655 August 9, 2017 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 Omps North East Rezoning Tax Map Number: 43-A-147, 148, 149, and 151C 3.883 acres Dear Mr. Stowe: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the Omps North East rezoning application package, with a proffer statement dated June 19, 2017 and the Impact Statement dated May 30, 2017. 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 rezoning application seeks to enable a 1,500 square feet service station and a 3,000 square foot restaurant, although it is noted that the proffer statement does not limit the use of the property to these uses and nor square footages. The proffer statement is also silent on improvements that would be constructed by the property owner to meet water and sewer demands. Accordingly, the comments offered herein are general in nature. The ultimate decision regarding the ability to serve the property with adequate water and sewer will be determined at the time the site's use is determined, and water and sewer connection fees are paid to Frederick Water. The project parcels are located in the sewer and water service area (SWSA) and in an area presently served by FCSA. SWSA enables access to public water and sewer service by county ANNIVERSARY Water At Your Service %KMZM..r 9 14 Page 2 Omps North East rezoning application Tim Stowe, Stowe Engineering August 9, 2017 policy. Location within the SWSA does not guarantee that sewer and water capacities are available to serve the property. Water is readily available to serve the site. Pressures and flows are suitable. As noted in the project's Impact Analysis Statement, wastewater from the site will be conveyed to the existing HH Omps sewer pump station, through the sanitary sewer lines, and ultimately treated at the Opequon Water Reclamation Facility. Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system to increase sewer flow efficiency in order to introduce additional flows to the sewer conveyance system. As previously noted, sewer system capacity is not reserved until the sewer connection fee is paid to Frederick Water, and physical connection to the system is made. • Water and sanitary sewers are to be constructed in accordance with the FCSA standards • specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Please be aware that the FCSA is offering these review comments without benefit of knowledge of the specific use of the site. We would welcome an opportunity to review any proffers which may serve to mitigate any sewer deficiencies. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department r LJ • REZONING APPLICATION FORM FREDEI2ICK COUNTY, VIRGINIA To be completed by Planning Staff. Cb Fee Amount Paid $ i'U 3C1� Zoning Amendment Number 016 - t `1_ _ Date Received I0-PI PC Hearing Date t z _ BOS Hearing Date ? I 'A 1 , The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Stowe Engineering, PLC Address: 103 Heath Court, Winchester, VA 22602 emall: timstowe@stowecompanies.com 2. Property Owner (if different than above): Name: K&J Investments, LC Address: 1800 Martinsburg Pike Winchester, VA 22603 3. Contact person if other than above: Name: Tim Stowe Telephone: 540.336.0656 Telephone: 540-667.4919 Telephone: 540.686.7373 4. Property Information: t y ts, N li tit a. Property Identification Number(s): 050009792, 130013563, 160005375 b. Total acreage to be rezoned: 3.9 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 3.9 d. Current zoning designation(s) and acreage(s) in each designation: RA - 2.459 acres RP - 0.936 acres, M1 - 0.488 acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 - 3.9 acres f Magisterial District(s): Stonewall 12 0 • 5. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat _ _ Fees Deed to property _ _ Impact Analysis Statement Verification of taxes paid _ _ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district _ Digital copies (pdf's) of all submitted documents, neaps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Keven E. Omps, John Omps 7. Adjoining Property: PARCEL ID NUMBER see attachment USE 4 ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): the north east corner of the intersection of Martinsburg Pike and Snowden Bridge Boulevard 13 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: 1500 Retail: Manufacturing: Restaurant: 3000 Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at • the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): � Date: 6119/17 Owner(s): I] E, Date: Date: Date: 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 Name K & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 150 Name k & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 151 B Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 151 A Name Levine Investments Limited 177 Kernstown Commons Blvd Winchester, VA 22602 Property #43 A 100L Name. Rutherford Farm, LLC 8230 Leesburg Pk Suite 620 Vienna, VA 22182 Property #43 A 100F Name Lidl US Operations, LLC 3500 S. Clark St Arlington, VA 22202 Property#43 A 100 Name Wayne R. Baker 1854 Martinsburg Pike Winchester, VA 22603 Property #43 C 2 1 Name Harry B Ratlief PO Box 2854 Winchester, VA 22604 Property #43 A 141 Name K & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 142 15 0 • Is 0 0 E 0 Name and Property Identificatiou Number Address NameK & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 143 Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 144 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 16 0 • • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Plione (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents: That I (We) (Name) K&J Investment, LC (Phone) 540.667.4919 (Address) 1800 Martinsburg Pike, Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (Lis), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050009792, 13001: on Page , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Tim Stowe, Stowe Engineering, PLC (Phone) 540.686.7373 (Address) 103 Heath Court, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: — flRezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the clay it is signed, or until it is otherwise rescinded or modified. In witness thereof, 1 (we) have hereto set my (our) hand and seal this 1y V- day of _, 20 19 , Signature(s)�'� —. . . State of Virginia, City/County of k rle ke�� , To -wit: 1,—�eSo�Q— a Notary Public in and for the jurisdi6don:gfpreseid,: certify that the person(s) who signed to the foregoing instrument personally appeared before me and has, acknowledged the same b fore me in the jurisdiction aforesaid this �y�` day of_-f^x""\tr 20 t� (� 3���'`` My Commission Fxpires: -ak, ZO W No ary ublic 0 4,• REZONING APPLICATION #06-17 K & J INVESTMENTS, LC Staff Report for the Planning Commission Prepared: January 5, 2018 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: O1/17/18 Pending Board of Supervisors: 02/14/18 Pending PROPOSAL: To rezone 2.459+/- acres from the RA (RUral Areas) District to the B2 (General Business) District with proffers, 0.93W- acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proflcrs, and 0.488-1-/- acre of land zoned M 1 (Light In(fustrial) to the B2 (General Business) with proffers. LOCATION: The subject I)i'operlics arc located at the northeast corner of tllc Intersection of Martinsburg Pike (Route 1 1) and Snowden Bridge Boulevard. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/707/18 PLANNING COMMISSION MEETING: This is an application to rezone a total of 3.9 acres,of land to the B2 (General Business) District with Profi'ers. The site is located within the Scwer and Water Scrvicc Area (SWSA) and is located within the limits of the Northeast Land Usc Plan of the 2035 Comprehensive Plan. The property is located within the Sewcr and Water Service Area (SWSA). The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. In general, the proposed commercial zoning is consistent with the current land use supported by the Comprehensive Plan. With this rezoning, the Applicant has profiercd to limit the number of restricted entrances on Martinsburg Pike and Snowden Bridge Boulevard and provide internal access via Ezra Lane and Nulton Lane. The site shall not exceed 3.441 average trips per day. The Applicant has also proffered a 20' right-of-way dedication for Martinsburg Pike. The application also provides corridor enhancements such as a split rail fence, and increased parking setbacks and signage and a monetary contribution oI'` O.10 per building square foot for Tire and Rescue. A recommendation regarding this rezoning application to the Board o/'Supervisors would be appropriate The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 0 • Rezoning #06-17 K & J Investments, LC January 5, 2018 Page 2 This report is prepared by the Frederick County Planning Staff'to provide infornnation to the Planning Commission and the Boar of'Supervisors to assist them in milking a decision on this 1pplication. It rnlq also be useful to others interested in this Toning matter. Unresolved issues concerning this application are motel by staff'ivhe•e relevant throrlgholrt this staff'report. Reviewed Action Planning Commission: 01/17/18 Pending Board of Supervisors: 02/14/18 Pending PROPOSAL: To rezone 2.459A-/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936+/- acres of land zoned RP (Residential Performance) District to the 132 (General Business) District with proffers, and 0.488-1-/- acre of land zoned M 1 (Light Industrial) to the 132 (General Business) with proffers. LOCATION: The subject properties are located at the northeast corner of the intersection of Martinsburg Pike (Route 1 1) and Snowden Bridge Boulevard. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 43-A-147, 43-A-148, 43-A-149 and 43-A-151C PROPERTY ZONING: RA (Rural Areas) District, RP (Residential Performance) District and zoned M I (Light h1Clustrial) District PRESENT USE: Residential and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) District RP (Residential Performance) District South: B2 (General Business) District 133 (Industrial Transition) District East: RP (Residential Performance) District M I (Light Industrial) District West: 132 (General Business) District B3 (IildllStrial Transition) District Use: Commercial Residential Use: Commercial Use: Industrial/Commercial Residential Vacant Use: Commercial Conullercial/Industrial Rezoning #06-17 K & .1 Investments, LC .lanualy 5, 2018 Page 3 REVIEW EVALUATIONS: VirLyinia Dept. of Transportation: Please sec email. i'olu A9atthew Smith, dated September 5, 2017. Frederick Cou►ih, Sanitation Authority: Please see leper- -oln Eric R. Laivi-elice, A1C'P, Executive Director dated August 9, 2017. Frederick County Department of Public Works: A comprehensive review Shall occur at the time of site plan submission. All existing stornlwater BMP was constructed with the Snowden Bridge Boulevard and is ownecl by Fredcrick County. If this facility could provide benefit to developer to achieve StorniNvater requirementS, WC could WOH( with thelll On Shal'Cd Use aild tl'al1SIe1' Of OWllel'Shil) f01' then' Lise and maintenance. Frederick County Fire Nlarshall: Plan approved. Frederick Count),Attorney: I have reviewed the rcviscd profiler statement and this Coll flrills that the County Attorney comments have been addressed. Winchester -Frederick County Health Department: The licalth Department has reviewed the request for comments for the Rezoning of property belonging to K & .1 investments, LC, from RA (2.459 acres); RP (0.936 acres); & M 1 (0.499 acres); to B2 (3.9 acres; designated as Tax Map # 43-A- 147, 43-A-148, 43-A-149, & 43-A-151 C. This Health Department has no objections to the rezoning of the above listed property. Based upon information provided by the Applicant, the future use Of' tile property will include a proposed convenience store, and a proposed fast food restaurant, which will be served by public Nvater and sewer. The Applicant describes the property as an open field with one single family home, In the event that construction or development of the property may impact any existing private water Supply (well), or sewage disposal system, the Applicant is requested to consult with the Health Department for proper abandonment practices In regards to septic components (septic tanks, pump tailks), or existing wells. Application for a well abandonment pel'(lllt 111L1st be made through this Health Department prior to any construction that may impact an existing private Nvater system (well). Winchester Regional Airport: Rezoning is compatible with airport operations. Frederick Counh, Department of Park & Recreation: Appears to meet Parks ail([ Recreation requirements. Planning & Zonin2: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester, VA Qua(1rangle) iclentilICS the majority of the subject property as being zoned R-3 (Residential General). The R-3 (Residential General) District zoning classification was modified to RP (Residential Performance) District on February 14, 1990, CILlring the comprehensive amendment to the County'S "Zoning Ordinance. Parcel 43-A-151 C was rezoned to the MI (Light Industrial) Rezoning #06-17 K & J Investments, LC January 5, 2018 Page 4 Zoning District with Rezoning #03-05 (Or North Stephenson which was approved by the Board of' Supervisors on April 27, 2005. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an Official public document that serves as the Community's guide for malting decisions regarding development, preservation, public facilities and other key colllpolicilts Of Community life. Tile primary goal of' this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the ILltUl'C planning efforts of the County. Land Use The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plall I)l'OVidC guiclance Oil the future development of' this property. The property is located within the Sewer and Water Service Area (SWSA). The 2035 Comprchclisive Plan identifies these properties with a commercial land Use designation. In general, the proposed Commercial Zoning is Consistent With the current land Use supported by the Comprehensive Plan. Tr(insportcrtion crud Site flcccss As depicted on the Applicant's GDP, the site woulcl be accessed via one right-in/right-out entrance on Snowden Bridge Boulevard, one ILill entrance oil Ezra Lane and a right-in/right-Out entrance on Martinsburg Pike which would be acccssecl via Nulton Lane. With this rezoning, the Applicant has proffered to extend Ezra Lane as a public road from Snowden Bridge BOLIICV ll-d to the edge of the site. Ezra Lane is proposed to co1111Cct to Milton Lane which is a private road which would serve as part of the internal road system (or the proposed development. These roadways will also serve as interparcel conllectiolls to the adjacent properties. The entrance locations shown on the proffered GDP are Conceptual in nature —the proffer states that the final design and location Of these entrances will need to be approved by VDOT and the County. The Applicant also proffered that the site would not exceed 3,441 vehicle trips per clay. 3) Proffer Statement — Dated May 22, 2017, Revised October 27, 2017: 1. Transportation - Vehicle Trips per Day shall not exceed the current by -right trips of 3,441 AADT. Rezoning #06-17 K & .1 Investments, LC January 5, 2018 Page 5 The owners licrcby prol'ler to construct no more than one "right-in/right-out only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final clesign and location to be approved by VDOT and the County of Frederick. b. The owners hereby pl•Of Icl• to lillpl•OVC tl1C CXIStillg "right-in/right-out Only" entrance/exit onto Martinsburg Pike (Route 1 1) at Nulton Lane as shown on the GDP. Final design to be approvecl by VDOT and the County of Frederick. No other entrances will be constructed on Route 11. c. The owners hereby proper a public road, designed and constructed to VDOT standards, to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. FIII•tllCl•lll0l'C, neighboring parcels will be also be granted an access casement over Ezra Lane. Said road is ah•cady proffered for construction in Rezoning 1/ 12-16; 11OwCVCI•, construction will be by the owners should development occur within this rezoning first. cf. The owners hereby proffer to construct no more than one lull entrance/exit onto Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of'Fredcrick. e. The owners hereby proffer a private road to be known as Nulton Lane within their property as shown on the GDP. This will SCr•vc as the internal Toad system, built to County Stalldal•dS for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. The owners hereby proffer an additional 20' strip of land along Route I I as shown on the GDP for right-of-way IlllprovCIllClltS il1Cllldlllg a 5' sidewalk. The dedication and inlprovenlents will occur with the approval ol'the first site plan. g. The owners hereby proffer to enter into a Slgnahzation agreement with the Virginia Department of'Transportation for the warrant study and installation of a traffic signal at the intersection of Snowden Bridge Boulevard and Ezra Lane, prior to the approval of the first site plan. It is understood that the owner's participation will be pro -rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. 2. Corridor Enhancement along Route I I - Martinsblll•g Pike The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route I 1 shall be coincidence Rezoning #06-17 K & .i Investments, LC January 5, 2018 Page 6 with the 50' front building setback. c. The owner hereby proffers only one freestanding 1110,11unlent style tenant sign along the Frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 3. Fire & Rescue - Monetary Contributions a. The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square Loot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square loot" sllall be the combined floor area Ioi' each story. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE O1/17/18 PLANNING COMMISSION MEETING: This is an application to rezone a total of 3.9 acres of land to the B2 (General Business) District with Proffers. The site is located within the Sewer and Water Service Arca (SWSA) and is located within the limits of the Northeast Land Use Plan of the 2035 Comprehensive Plan. The property is located within the Sewer and Water Service Area (SWSA). The 2035 Comprehensive Plan identifies these properties with a commercial land USc designation. In general, the proposed commercial lolling is consistent with the current land use Supported by the Comprehensive Plan. With this rezoning, the Applicant has proffered to limit the number of restricted entrances on Martinsburg Pike and Snowden Bridge Boulevard and provide internal access via Ezra Lane and Nulton Lane. The site shall not exceed 3.441 average trips per Clay. The Applicant has also proffered a 20' right -of' -way dedication for Martinsburg Pike. The application also provides corridor enhancements such as a split rail fence, and increased parking setbacks and signage and a monetary contribution of $0.10 per building square foot for Fire and Rescue. A recommendation !regarding this rezoninf,, application to the Boma of'Supe visors would be appropriate The Applicmtt should be prepared to adequately whIress all concerns raised Gv the Plait>aing Commission. • tb0 MERCMAM S1 �v �S 1� P� N �• f� III ENAM 31 j IS MARrNeultc PIKE o I� w Applications Sewer and Water Service Area Parcels Building Footprints Bt (Neighborhood Business District) B2 (General Business District) B3 (Industrial Transition District) EM (Extractive Manufacturing District) HE (Higher Education District) M1 (Light Industrial District) M2 (Industrial General District) MH1 (Mobile Home Community District) MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) IRS (Residential Recreational Community District) RA (Rural Areas District) RP (Residential Performance District) ,: IF REZ n06'- 17 MA I962 MARTINS/URG IIKE I952 MARTINS/URG IIKE &lb REZ # 06 - 17 No Frederick County Dept of K and J Investments, LC Planning B Developr• . 107 N Kent St PINs: 43 - A - 147, 43 A 148. 43 - A 149, Suite 202 e 43 -A - 151C Winchester. VA 226i Rezoning from RA. RP, and M I to B2 540 - 665 - 5651 Map Created: December 21, 2017 with Proffers Staff: cperkins Zoning Map 0 130 260 1 1 11 520 Feet t-� I60 IIRE , MERCNAM S< r �• t I� I � � MAIRINSRURG � ►iKf MAWINSRUI PIKE• �-r Tom• - o •ram ...�• ,� �• . .. • r REi 1f06-1 REI 1k06-17 G9QtKD r { REZ!#06 t REZ -06'- 17 . � I ♦� ! ♦ 0 O i Applications Sewer and Water Seance Area Parcels Building Footprints KLZ :4 06 - 17 No Frote: ederick County Dept of K and J Investments, LC Planning & Developr- 107 N Kent St PINS: 43 - A - 147. 43 - A - 148. 43 - A - 149, Suite 202 e 43 - A - 151C Winchester, VA 226, Rezoning from RA, RP, and MI to B2 540 - 665 - 5651 Map Created: December 21, 2017 with Proffers Staff: cperkins Location Map 0 130 260 520 Feet 0 Elm EZ =06- 1-, Sewer and Water Service Area C), Parcels G Building Footprints Long Range Land Use Residential (x�S; Neighborhood Village Urban Center • Mobile Home Community Q Business O Highway Commercial Mixed -Use Muted Use Commercial 'Office 1111D Mixed Use Industrial/Office • Industnal ® Warehouse 401 Heavy Industrial 4011, Extractive Mining Ta Commercial Rec Of Rural Community Center ® Fire & Rescue I® Sensitive Natural Areas ® InstituMnal • Planned Unit Development Wo Park Recreation School tt?LL�JJC Employment Employment Airport Support Area 0 B2/B3 t� Residential. 4 u/a t� High -Density Residential 6 u/a 0 High -Density Residential. 12.16 u/a O Rural Area Interstate Buffer Landfill Support Area Natural Resources 8 Recreation OEnvironmental & Recreational Resources t` RF7 unA-17 f(7 C f927A 11 O Q &,lb REZ # 06 - 17 Note: Frederick County Dept of K and J Investments, LC Planning & Developmene PINS: 107 N Kent St 43 A - 147. 43 A - 14& 43 - A - 149, Suite 202 43 -A - 151C Winchester. VA 22601 Rezoning from RA. RP, and MI to B2 540 - 665 - 5651 with Proffers Map Created: December 21, 2017 Long Range land Use Map Staff: cperkins 0 130 260 520 Feet • 0 Rezoning: Property: Record Owners: Project Name: Original Date of Proffers: Revisions: Magisterial District: Proffer Statement for Omps North East RZ # -17 Area: 3.883 acres Tax Parcels 43-(A)-147, 148, 149, & 151C K&J Investments, LC Omps North East May 22, 2017 October 27, 2017 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 owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application = 17 for the rezoning of 3.395 acres from the RA District to the B2 District and 0.488 acres from the M1 District to the B2 District, said areas being shown on the attached rezoning plat, development of the subject properties 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 owners and such are approved by the 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 owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to K & J Investments, LC from North Stephenson, Inc. by Deed per instruments 050009792 and 130013563, and from Cheryl L. DeHaven, by Deed per instrument 160005375 as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated September 19, 2017, by Stowe Engineering, is attached to and made part of this proffer document. L-1 • Proffers: 1. Transportation -Vehicle Trips per Day shall not exceed the current by -right trips of 3,441 AADT. To be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. a. The owners hereby proffer to construct no more than one "right-in/right-out only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. b. The owners hereby proffer to improve the existing "right-in/right-out only" entrance/exit onto Martinsburg Pike (Route 11) at Nulton Lane as shown on the GDP. Final design to be approved by VDOT and the County of Frederick. No other entrances will be constructed on Route 11. The owners hereby proffer a public road, designed and constructed to VDOT standards, to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels will be also be granted an access easement over Ezra Lane. Said road is already proffered for construction in REZ 12-16; however, construction will be by the owners should development occur within this rezoning first. The owners hereby proffer to construct no more than one full entrance/exit onto Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer a private road to be known as Nulton Lane within their property as shown on the GDP. This will serve as the internal road system, built to County standards for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. 1'. The owners hereby proffer an additional 20' strip of land along Route 11 as shown on the GDP for right of way improvements including a 5' sidewalk. The dedication and improvements will occur with the approval of the first site plan. g. The owners hereby proffer to enter into a signalization agreement with the Virginia Department of Transportation for the warrant study and installation of a traffic signal at the intersection of Snowden Bridge Boulevard and Ezra Lane, prior to the approval of the first site plan. It is understood that the owner's participation will be pro -rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. 2 2. Corridor Enhancement along Route 11 - Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be consistent with the 50' front building setback. c. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 3. Fire & Rescue - Monetary Contributions The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. 3 71 The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owners and owners. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. Respectfully Submitted: K & J Investments, LC Keven V. Omps, Managing Member COMMONWEALTH OF VIRGINIA, City/County of Date To Wit: Tlie foregoing instrument was acknowledged before me this b day of 20 I$ by Keven V. Omps In his capacity as Managing Member of K & J Investments, LC. My Commission Expires: • 3-1. 2AD ► Zs Notary Registration Number: 1�41- %so 1bL{ 4 Notary Public Stoplights B-Z Zoning - 7016 - RE 04-16 U IT 1' INSTALL ENTRANCE- RIGHT IN -OUT NOTE: ENTRANCE AS SHOWN IS CONCEPTUAL IN NATURE. FINAL LOCAT70NSSHALL BE i T DETERMINED WITH SITE PLAN IMPROVE ENTRANCE , RIGHT IN -OUT PR, 20' R. 0. W, z �. DEDICA TION r i PROPOSED 1 ' m 3, 883 ac - B-2 3 REZONING 7.459 RA _ Li =— —_ _LL Pr. StoplightA Ezra Lane 0. o FULL ENTRANCE `1 _ T '1 I _ - � ``, _ ' 1 M-1 Zoning - 2012 - REZ-12-16 C WEBER'S NURSER Y o�W � z O Q -- I�� .\ 100, 0' 100' a DATE: 6EPT.19,2017 SCALE: L'=100' DRAWN 6Y: GRO GRAPHIC SCALE 108 N0. A0460 11 ~ /f •� 1'�.�� 'ff�'f I j B-2 Zoning - 2016 - REZ 04-16 llli ,A 0 1 1 INSTALL ENTRANCE RIGHT IN -OUT NOTE: ENTRANCE AS SHOWN 15 CONCEPTUAL IN NATURE. FINAL LOCATIONS SHALL BE DETERMINED WITH SITE PLAN Stoplights , �5 ItP ii IMPROVE ENTRANCE /1", RIGHT IN -OUT V �I. 20' R. 0. W, DEDICA TION 4 j c4 ! tt t PROPOSED _ .� ._ _ o 3.883 ac - B-2 T - - 3 REZONING ; r f � , � U 2.459 RA j k L-___: Pr. Stoplights Ezra Lane `--' -'�-�.~`'_`.•-`-• ..:.;.., _. ` - FULL ENTRANCE ; o ! } 77-i M-1 Zoning - 2012 - REZ-12-16 ! ` -.may. •; ,.iAW.w+.�+ WEBER'S NURSERY I 100, 0' 100, GRAPHIC SCALE 1 Z _o lu W DATE: SEPT.19, 2017 SCALE: 1"=100, DRAWN BY: GRO JOB NO. #0460 .0 Imapact analysis Statement Onis NE Rezoning g Stonewall Magisterial District Parcel ID 43-(A)-147, 148, 149, and 151 Total Area: 3.9 acres May 30, 2017 Owner: K&J Investments, LC Winchester, VA 22603 Prepared by Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 IMPACT ANALYSIS STATEMENT K&J Investments, LC Introduction K&1 Investments, LC is requesting a rezoning of 3.9 acres in Frederick County. The property is owned by K&J Investments and is located east of Martinsburg Pike, and north of Snowden Bridge Boulevard and is currently an open field with one single family home. The applicant is seeking a change in zoning from RA, RP, and M-1 to B-2. The Frederick County Comprehensive Plan's 2035 Long Range Land Use map shows this property is planned for business use and the requested B-2 zoning is consistent with this planned use. A convenience store that sells fuel, and a fast food restaurant are planned for the site. The site will be graded, landscaped, and roads installed that will meet current County specifications. The main entrance will be constructed on Ezra Lane. A right -in right -out connection will also be made to Snowden Bridge Boulevard and where Nulton Lane connects to Martinsburg Pike. Site Suitability 100 Year Flood Plains - The site is not located within or near any 100-year flood plains per FEMA Flood Map No. 51069CO210D. Wetlands — Based on information contained in the US Fish and Wildlife Service National Wetlands Inventory web site, there are no wetlands on or around the proposed rezoning area. Steep Slopes — This site is fairly flat, without any steep slopes. Mature Woodlands — There are no areas of mature woodlands on the site. Soil or Bedrock Conditions which would create Constructlon Difficulties or Hazards — A review of the USDA Web Soil Survey indicates that the depth to bedrock for 4+ acres of the site is 20 to 40 inches, and for the remainder of the site it is over 80 inches. Where rock is encountered in excavation areas it will be removed by mechanical means or blasting. Surrounding Propef•ties The subject property is surrounded by: • Open fields that are zoned M-1 are to the east and are owned by the land owner who is requesting this rezoning. • Six single-family homes line Nulton Lane to the north, four of which are owned by the land owner who is requesting this rezoning. • To the south is Snowden Bridge Boulevard and HH Omps Trucking. • To the west is Martinsburg Pike and the Rutherford Crossing shopping center. The distance from the property line to the homes on the north side of Nulton Lane is 30 feet or more. Due to existing utilities and the Frederick County zoning buffer requirements, noise or glare impacts on the neighbors is expected to be minimal, if any. The planned uses will are not generators of loud noises, fumes or pollution. TI'af c A Traffic Impact Study has been prepared by Stowe Engineering. The study shows that with the construction of Ezra Lane and improvements to Nulton Lane, the traffic resulting from this development are manageable. However, it is recognized that this proposed development will add traffic to the roadways. Therefore, the developer is proffering to construct Ezra Lane and Nulton Lane to improve mobility to the area. Sewage Conveyance and Treatment The site is located inside of the Frederick County Sewer and Water Service Area. Wastewater from the site will be conveyed to the existing sewer pump station located on the HH Omps site a short distance to the south. From there the wastewater will be conveyed through the Frederick County Sanitation Authority system to the Opequon Water Reclamation Facility. Water Supply ►7 0 0 The site is located inside of the Frederick County Sewer and Water Service Area. An existing 12" water main was extended to the site during the construction of Snowden Bridge Boulevard and will be used to provide water service to the proposed development. Drainage Drainage from the site flows to the east across the open field to a ditch beside the CSX railroad. From there it flows northward to a culvert under the railroad and into the head waters of Hiatt Run. Post -development drainage from the developed areas will be routed through stormwater management facilities to control the quantity and quality of stormwater leaving the site. Solid Waste Collection of solid waste will occur through the use of 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, 7,000 sf of development will generate 37.8 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 National Register of Historic Places did not show any historic sites at the location of the proposed rezoning. 0 • Impact on Community Facilities Educational Facilities — This project will add no children to the school system. Emergency Services — Police protection will be provided by the Frederic County Sheriff Department. The property is located in the first response area for the Clearbrook Fire and Rescue station. 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. Libraries - This project will not add to the population of Frederick County and therefore will not increase the demand for library services. Local Government —The Frederick County Impact Model will be used to determine the level of impact this project will have on the local government. 4 46* 1 -,A PV t � \ \ toy • fir' �. , � / � � /� Y • PKUJL(_ I LU(.,AI IUN MAN OMPS NORTHEAST PROPERTY REZONING FREDERICK, CO, VA 0 • Candice Perkins From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of Smith, Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov> Sent: Tuesday, September 5, 2017 8:10 AM To: John Bishop Cc: Tim Stowe; Short, Terry (VDOT); Campbell, Adam (VDOT); Smith, Matthew, P.E. (VDOT) Subject: Omps Northeast Rezoning/TIA - VDOT Comments 9.5.2017 A VDOT review has been completed on the Omps Northeast Rezoning/TIA, We offer the following comments: • VDOT Staunton District Planning recommends removal of the proposed right -in / right -out (RIRO) entrance to the site on Snowden Bridge Boulevard from both the proffers and the report recommendations. The entrance does not comply with Access Management Regulations, being the location of this entrance is within the functional area of the signalized intersection at US 11, as it overlaps the existing tapers of the westbound right turn lane and both the westbound and eastbound left turn lanes on Snowden Bridge Boulevard. With the proposed location of the additional RIRO entrance onto US 11, the majority of the site trips that would utilize the subject entrance would be accessing southbound US 11, which would require two lane shifts past the through and right turns on Snowden Bridge Boulevard to access the dual left turn lanes. This movement may result in a safety issue given the short distance to achieve the desired lane positioning, with safety concerns increasing in the future as traffic volumes on Snowden Bridge Boulevard grow with developments coming online, and ultimately the connection to Old Charles Town Road. Additionally, without a divided median, the likelihood of drivers making unlawful left in and out movements at the proposed RIRO entrance further compounds potential safety issues. As a Major Collector facility, the intent of Snowden Bridge Boulevard is to provide properly planned access points to service the local road network in a manner that maintains efficient and safe operational progression on the corridor. Commercial entrances should be proffered without The approval of the subject entrance given the location's proximity to two signalized intersections (one planned) does not meet this intent and therefore, cannot be supported. In addition, proposed entrance approvals will only occur at time of specific site development plans and should not be approved with proffers at rezoning stage. We recommend the proffer for RIRO entrance at Nulton Lane be revised to "provide improvements to the existing entrance at Nulton Lane" as there is already an entrance there. Based on the forecasted Design Year PM turning movements at the proposed existing RIRO entrance to Nulton Lane, a 100' right turn taper is warranted. Furthermore, with the forecasted Design Year advancing volume on northbound US 11, only 17 additional right turns are necessary to warrant a full right turn lane onto Nulton Lane. Since this roadway will serve as an interparcel connector to properties north and east of the subject site, it is inevitable that future right turn volumes will warrant the full turn lane, of which the applicant will be the primary contributor. The turn lane will also remove decelerating vehicles accessing the site from the US 11 northbound lane merge along the property frontage, enhancing mainline operations and safety. District Planning recommends that the County require the addition of the full right turn lane along the property's US 11 frontage to the report conclusion and mitigation measures offered by the applicant. The submitted draft proffers dated June 19, 2017 provide a 20' right-of-way dedication along the property's US 11 frontage to accommodate future planned widening of the facility. However, the report recommendations state a 10' right-of-way dedication along US 11. This section of US 11 is designated as an urban, 6-lane, divided facility per the Frederick County Comprehensive Plan. Please confirm that the proposed width of right-of-way dedication can i accommodate three future US 11 northbound through lanes, a right turn lane, curb and gutter section and sidewalk with minimum buffer width (approximately 62' width from the edge of the existing US 11 median). • District Planning recommends the report conclusion and improvements offered by the applicant include the construction of a 5' wide sidewalk along the property's US 11 frontage. Said sidewalk to be located to accommodate the full future widening of US 11 with a minimum 4' wide buffer strip between the future back of curb and edge of sidewalk, per VDOT Road Design Manual standards for Urban Collector Streets. • The report states that an assumption of 10% heavy vehicles was assigned to the background Graystone development trip generation. However, the heavy vehicle % settings in the Synchro models do not reflect this assumption, as all ingress and egress volumes from Snowden Bridge Boulevard appear to be set at 2% heavy vehicles. Synchro models and/or report will need to be updated accordingly, should a revised TIA submission be recommended by the County. • Remove the proposed full entrance proffer onto Ezra Lane. The entrance approvals will occur at time of specific site development plan and should not be approved with proffers at rezoning stage. General Study Comment; Appendix F of the report contains the signal timing information provided by VDOT for use in the study analysis. The existing signal at US 11 and Snowden Bridge Boulevard is part of a coordinated InSync system that also includes the ramp signals at the Exit 317 interchange. During the scoping process, VDOT requested that the existing year models utilize the provided cycle lengths and clearance intervals with split optimization to reflect the operation of the adaptive coordination system in the peak hour. As submitted, the existing year AM model utilizes the correct 140 second cycle length, but the existing year PM model uses a 60 second cycle length, instead of the current 150 second cycle length. Additionally, all future year Synchro models utilize considerably shorter cycle lengths of 60 - 85 seconds. While the Synchro outputs identify these shorter cycle lengths as achieving acceptable future year measures of effectiveness, simulation in SimTraffic identifies that the short cycle lengths are not capable of constantly clearing vehicle queues when a signal phase is served. While VDOT provided direction during the scoping process to optimize future model cycle lengths and splits, consideration must be given in the selection of future year cycle lengths as they relate to the other signals in the adaptive coordinated corridor. Simulation shows that dropping the cycle lengths by half does not work operationally at the single study intersection, let alone the entire InSync corridor. That being said, given the fact that the existing US 11 / Snowden Bridge Boulevard intersection is generally at maximum buildout, even if more appropriate cycle lengths are analyzed, it is VDOT's opinion that traffic generated by the subject property is unlikely to result in additional mitigation measures that are not already identified in the report or these comments. However, the current analysis outputs presented in the report are not an accurate representation of the sum of total potential future development impacts to the study intersections / US 11 corridor. Numerous previous studies completed in the area have all identified that significant improvements to the transportation network are necessary given the anticipated level of growth along US 11 to the north of Exit 317 (widening of US 11, full completion of Snowden Bridge Boulevard, relocation of Redbud Road and the Exit 317 northbound off -ramp). Therefore, VDOT will defer to Frederick County to determine if a full update of the TIA to more accurately model potential future conditions is warranted for the county's information. At a minimum, VDOT District Planning recommends that an updated version of the report executive summary and conclusion be submitted as an addendum (which highlights revisions in response to the comments below), along with an updated proffer submittal for a second review. 9 • Should you have any questions or wish to discuss this information, do not hesitate to let me know. Matthew B. Smith, P.E. I Area Land Use Fngineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax- 510/984-5607 e-mail: Matthew.Smitii@vdot.virginia.gov 3 i 315 Tasker Road Stephens City, Virginia 22655 August 9, 2017 Tim Stowe Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 d FREDERICK WATER PH (540) 869-1061 Fax (540) 868-1429 www.FrederickWater.com RE: Rezoning Application Comment Omps North East Rezoning Tax Map Number: 43-A-147, 148, 149, and 151C 3.883 acres Dear Mr. Stowe: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the Omps North East rezoning application package, with a proffer statement dated June 19, 2017 and the Impact Statement dated May 30, 2017. 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 rezoning application seeks to enable a 1,500 square feet service station and a 3,000 square foot restaurant, although it is noted that the proffer statement does not limit the use of the property to these uses and nor square footages. The proffer statement is also silent on improvements that would be constructed by the property owner to meet water and sewer demands. Accordingly, the comments offered herein are general in nature. The ultimate decision regarding the ability to serve the property with adequate water and sewer will be determined at the time the site's use is determined, and water and sewer connection fees are paid to Frederick Water. The project parcels are located in the sewer and water service area (SWSA) and in an area presently served by FCSA. SWSA enables access to public water and sewer service by county 5 a. ANNIVERSARY Water At Your Service A"KMEMM-K U • Page 2 Omps North East rezoning application Tim Stowe, Stowe Engineering August 9, 2017 policy. Location within the SWSA does not guarantee that sewer and water capacities are available to serve the property. Water is readily available to serve the site. Pressures and flows are suitable. As noted in the project's Impact Analysis Statement, wastewater from the site will be conveyed to the existing HH Omps sewer pump station, through the sanitary sewer lines, and ultimately treated at the Opequon Water Reclamation Facility. Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system to increase sewer flow efficiency in order to introduce additional flows to the sewer conveyance system. As previously noted, sewer system capacity is not reserved until the sewer connection fee is paid to Frederick Water, and physical connection to the system is made. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Please be aware that the FCSA is offering these review comments without benefit of knowledge of the specific use of the site. We would welcome an opportunity to review any proffers which may serve to mitigate any sewer deficiencies. Thank you for the opportunity to offer review comments. Sincerely, r Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department REZONING APPLICATION FORM FREDE.RICK COUNTY, VIRGINIA To be completed by Planning Staff Cb Fee Amount Paid $ IU , clo Zoning Amendment Number 0 to - t _1 Date Received la -j 1 PC Hearing Date ! 1 BOS Hearing Date_ I 'A - I, The folloiving information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Stowe Engineering, PLC Address: 103 Heath Court, Winchester, VA 22602 email: timstowe@stowecompanies.com 2. Property Owner (if different than above): Name: K&J Investments, LC Address: 1800 Martinsburg Pike Winchester, VA 22603 3. Contact person if other than above: Telephone: 540.336.0656 Telephone: 540.667.4919 Name: Tim Stowe Telephone: 540.686.7373 4. Property Information: I y h 1 'l 1i a. Property Identification Number(s): 050009792, 130013563, 160005375 b. Total acreage to be rezoned: 3•9 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 3•9 d. Current zoning designation(s) and acreage(s) in each designation: RA - 2.459 acres RP - 0.936 acres, M1 - 0.488 acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 - 3.9 acres f. Magisterial District(s): Stonewall 12 0 9 5. Checklist: Check the following items that have been included with tivs application. Location map Agency Coirunents Plat _ _ Pees _ Deed to property _ _ Impact Analysis Statement _ Verification of taxes paid _ _ Proffer Statement _ _ Plat depicting exact meets and bounds for the proposed zoning district _ _ Digital copies (pdf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request frill disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Keven E. Omps, John Omps 7. Adjoining Property: PARCEL ID NUMBER USE ZONING see attachment 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): the north east cornor of the intersection of Martinsburg Pike and Snowden Bridge Boulevard 13 LI 9. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family homes: Townhome: Multi -family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: 1500 Retail: Manufacturing: Restaurant: 3000 Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virgiiva. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): 7 Date: 6/19/17 Owner(s): 14 Date: Date: Date: 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 nu-nber 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 Sheet. Name and Property Identification Number NameK & J Investments, LC Property #43 A 150 Namek & J Investments, LC Property # 43 A 151 B Name & J Investments, LC Property#43 A 151A Name Levine Investments Limited Property#43 A 1001- Name Rutherford Farm, LLC Property #43 A 100F Name Lidl US Operations, LLC Property #43 A 100 Name Wayne R. Baker Property # 43 C 2 1 Name Harry B Ratlief Property # 4 3 A 141 ' Name K & J Investments, LC Property # 43 A 142 15 Address 1800 Martinsburg Pike Winchester, VA 22603 1800 Martinsburg Pike Winchester, VA 22603 1800 Martinsburg Pike Winchester, VA 22603 177 Kernstown Commons Blvd Winchester, VA 22602 8230 Leesburg Pk Suite 620 Vienna, VA 22182 3500 S. Clark St Arlington, VA 22202 1854 Martinsburg Pike Winchester, VA 22603 PO Box 2854 Wnchester, VA 22604 1800 Martinsburg Pike Winchester, VA 22603 i E Name and Property Identification Number Address Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 143 NameK & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property 1143 A 144 Name Property tl Name Property # Name Property It Name Property # Name Property # Name Property # Name Property # Name Property # Name Property It Name Property # Name Property # Name Property # 16 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.kya.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 I (We) (Name) KU Investment, LC (Phone) 540.667.4919 (Address) 1800 Martinsburg Pike, Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050009792, 13001: on Page , and is described as Parcel: Lot: Block: _ Section: Subdivision: do hereby make, constitute and appoint: (Name) Tirn Stowe, Stowe Engineering, PLC (Phone) 540.686.7373 (Address) 103 Heath Court, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with frill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: n _Rezoning (including proffers) Conditional Use Permit Master Development Plnn (Preliminary and Final) Subdivision Site Plan Variance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the clay it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 1y day of S ac,.. 20 1'l , Signature(s)�^-� . . State of Virginia, City/County of To -wit: I—�eSa�� Q a Notary Public in and for the jurisdi6d0 h Afore8aid,: certii'y that the person(s) who signed to the foregoing instrument personally appeared before me and has_ acknowledged the same b fore me in thcjurisdiction aforesaid this ���' day ofS �c 20 t 1 �����`` My Commission Expires: 'L� fit. Zo Lu No ary ublic 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff C Fee Amount Paid $ I0,3�� Zoning Amendment Number n to - t 1 Date Received l0"7 -a 1 �- I I — PC IIearing Date t i BOS ITearing Date -1• IA • 1 --------------------- The following inforrnation shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Stowe Engineering, PLC Telephone: 540.336.0656 Address: 103 Heath Court, Winchester, VA 22602 email: timstowe@stowecompanies.com 2. Property Owner (if different than above): Name: K&J Investments, LC Telephone: 540.667.4919 Address: 1800 Martinsburg Pike Winchester, VA 22603 3. Contact person if other- than above: Name: Tim Stowe Telephone: 540.686.7373 4. Property Information: 19li, t (.!ct ! t a. Property Identification Number(s): 050009792, 130013563, 160005375 b. Total acreage to be rezoned: 3•9 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 3•9 d. Current zoning designation(s) and acreage(s) in each designation: RA - 2.459 acres RP - 0.936 acres, M1 - 0.488 acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 - 3.9 acres f. Magisterial District(s): Stonewall 12 E n S. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat _ _ Fees _ Deed to property _ _ Impact Analysis Statement Verification of taxes paid _ _ Proffer Statement Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits 6. The Code of Virizinia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Keven E. Omps, John Omps 7. Adjoining Property: PARCEL ID NUMBER USE ZONING see attachment 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): the north east corner of the intersection of Martinsburg Pike and Snowden Bridge Boulevard 13 f�I 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Number of Units Proposed Townhome: Mobile Home: Multi -Family: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: 1500 Retail: Manufacturing: Restaurant: soon Warehouse: Commercial: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 14 Date: 6/19/1 7 Date: Date: Date: 0 • 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 Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 150 Name k & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 151 B Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 151A Name Levine Investments Limited 177 Kernstown Commons Blvd Winchester, VA 22602 Property #43 A 100L Name Rutherford Farm, LLC 8230 Leesburg Pk Suite 620 Vienna, VA 22182 Property #43 A 10OF Name Lidl US Operations, LLC 3500 S. Clark St Arlington, VA 22202 Property #43 A 100 Name Wayne R. Baker 1854 Martinsburg Pike Winchester, VA 22603 Property #43 C 2 1 Name Harry B Ratlief PO Box 2854 Winchester, VA 22604 Property #43 A 141 Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 142 15 Name and Property Identification Number I Address Name K & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property 1143 A 143 Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 144 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property tl Name Property # CO Special Limited Power of Attorney 4� G� County of Fredericic, Virginia Frederick Planning Website: wwwAva.us x Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5671 Facsimile (540) 665-6395 Know All Men Hy "These Presents: That 1 (We) (Name) K&J Investment, LC (Phone) 540.667.4919 (Address) _1800 Martinsburg Pike, Winchester, VA 22603 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of hrederick, Virginia, by Instrument No. 050009792, 13001 : on Page , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) Tim Stowe, Stowe Engineering, PLC (Phone) 540.686.7373 (Address) 103 Heath Court, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with fill] power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (including proffers) Conditional Use Permit Master Development Plan (Preliminary and Final) Subdivision Site Plan _�iVariance or Appeal My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 1 y4` day of 20 V1 , Signaturc(s) State of Virginia, City/County of }_,r.ckee ick- , To -wit: I, — eSb�e- �ua Notary Public in and for the juri'sdi6don:aipivso;d,= ccrtiiy that the person(s) who signed to the foregoing instrument personally appeared before rne-and has. acknowledged the same b fore me in the jurisdiction aforesaid this Iyday of.5\, 20 1"1 (D M � Commission Expires: u, fit. Z0 w _ ) A No ary ublic REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff N) Fee Amount Paid $ (�jj`�� Zoning Amendment Number 0 6w Date Received I-), -:Z PC Hearing Date 1 t-1 ti BOS Hearing Date I The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Stowe Engineering, PLC Telephone: 540.336.0656 Address: 103 Heath Court, Winchester, VA 22602 email: timstowe@stowecompanies.com 2. Property Owner (if different than above): Name: K&J Investments, LC Telephone: 540.667.4919 Address: 1800 Martinsburg Pike Winchester, VA 22603 3. Contact person if other than above: Name: Tim Stowe Telephone: 540.686.7373 4. Property Information: y3-R-ly7, lq 91 1q i, 171 6- a. Property Identification Number(s): 050009792, 130013563, 160005375 b. Total acreage to be rezoned: 3•9 C. Total acreage of the parcel(s) to be rezoned (if the entirety of the parcel(s) is not being rezoned): 3•9 d. Current zoning designation(s) and acreage(s) in each designation: RA - 2.459 acres RP - 0.936 acres, M 1 - 0.488 acres e. Proposed zoning designation(s) and acreage(s) in each designation: B-2 - 3.9 acres f Magisterial District(s): Stonewall 12 • • 5. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat _ _ Fees Deed to property _ _ Impact Analysis Statement _ Verification of taxes paid _ _ Proffer Statement _ Plat depicting exact meets and bounds for the proposed zoning district Digital copies (pdf's) of all submitted documents, maps and exhibits 6. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Keven E. Omps, John Omps 7. Adjoining Property: PARCEL ID NUMBER USE ZONING see attachment 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road naives and route numbers): the north east corner of the intersection of Martinsburg Pike and Snowden Bridge Boulevard 13 9. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: 3000 Commercial: 10. Signature: Number of Units Proposed Townhome: Mobile Home: Sauare Footage of Proposed Uses Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: 1500 I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 14 Date: 6/19/17 Date: Date: Date: O • Adjoining Property Omps North East Rezoning Frederick County, VA Stonewall Magesterial District Property ID Use Zoning 43 A 150 Industrial M-1 43 A 151E Industrial M-1 43 A 151A Industrial M-1 43 A 100L Commercial B-2 43 A 100F Commercial B-2 43 A 100 Commercial B-2 43 C 2 1 Residential RP 43 A 141 Residential RP 43 A 142 Residential RP 43 A 143 Residential RP, M-1 43 A 144 Residential M-1 r j i VA u cq ,3 6 -1 `, 1 1 ADJOINING PROPERTY OWNERS (-I3..A-lyC-3iC 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 Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 150 Name k & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 151 B Nan,eK & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 151A Name Levine Investments Limited 177 Kernstown Commons Blvd Winchester, VA 22602 Property #43 A 100L Nan,e Rutherford Farm, LLC 8230 Leesburg Pk Suite 620 Vienna, VA 22182 Property #43 A 100F Name Lidl US Operations, LLC 3500 S. Clark St Arlington, VA 22202 Property #43 A 100 Nan,e Wayne R. Baker 1854 Martinsburg Pike Winchester, VA 22603 Property 1143 C 2 1 Nan,e Harry B Ratlief PO Box 2854 Winchester, VA 22604 Property #43 A 141 Name K & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 142 15 Name and Property Identification Number Name K & J Investments, LC Property # 43 A 143 Name K & J Investments, LC Property # 43 A 144 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name =Property Address 1800 Martinsburg Pike Winchester, VA 22603 1800 Martinsburg Pike Winchester, VA 22603 16 • a ' 1� 4Ar 4,Mt 4 t 0 PROJECT LOCATION MAP OMPS NORTHEAST PROPERTY REZONING FREDERICK, CO, VA i Rezoning Comments i c9cJ,UV/ r• Frederick County Department of Planning Development....___.__ ___._I i ��. '1`�' <<J !U Mail to: Fred. Co. Dept. of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 i I ii=c,l_r IUK Uo(-)l Y PI ;',l' r r f Ji1 Or -VI -I ,iT Hand deliver to: Fred. Co. Dept. of Planning & Development North Building, 2" d Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Planning 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 Mailing Address: 103 Heath Court Telephone: 540.667.4919 Winchester, VA 22602 email: timstowe@stowecompanies.com Location of property: north east corner at Intersection of Martinsburg Pike (Route 11) and Snowden Bddge Boulevard CurreIlt zoning: M1, RP, RA Zoning requested: B2 Acreage: 3.9 Frederick County Department of Planning & Development Comments: Signature & Date: Notice to Planning Department - Please Return Form to Applicant 34 N 0701872" V/ - 16.72' '1- 1114RTRO ),e 11 � O URG PIKE C-1 z I I 43C-2.1 w R. BAKER o �` I I ZONED: RP '1 " I l I ` r �, - • n� I 2 I o rzi c% 11 �ln 1l in co I PROPOSED AREA OF o I 1 REZONING TO 8-2 w o 0 3,882 ACRES Z rn l 1 I � O S 46°10'22" Vy \1 ' I o— o- � 43-((A))-141 II ti w l I RA7LIEf rn ^ a •43-(A)-147 i ZONED: RP 0 I oCoI �'--------- I o l A O I w K£d INVESAhIENTS, LC ~ N I ZONED: RP S 59014'17" E I I J 0•y0l 36.08' �� ------ I OS 38038'40" VN C-2 1 A/ 1 N 82056'12" W 22.90' I 131.26' EZRA LANE 1 1 S 41020'06' W - 24.58' / 43 A) 143 A' 48°3954" IV - 14.02' I ,, , 1 K&J INV�STAI-NTS, LC 43 A -147 ZONED: RP NORTH ST -P ENSON, INC ZONED: Al- I 100' 0' 100' ��� GRAPHIC SCALE 4f ,e RADIUS ARC DELTA BEARING_ CHORD DI_REC_TION C-1 23 11.83' 20Z86' 0700423" N 52013'I5" E 1 28Z68' C-CV/ C-2 780.00' 1 159.60' 11 °44'18" S 44°30'49" !°I 1 159.52' C-CV/ NOTES 1. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, EASEMENTS OR ENCUMBRANCES AIAY EXIST THAT ARE NOT SHOVVA'. 2. THERE WERE NO CENETERIES 08SERVED ON THIS SITE. 3. THIS IS NOT A BOUNDARY SURVEY. 4, CURRENT OWNER OF RECORD IS K & J INVESTMENTS, LC. 5. T11f TOTAL AREA OF THE .SUBJECT REZONING IS 3.882 ACRES. �p,l: fH OF o G-x,Y R 6AT�S' v Lic, [ 0 1518-B IC-�7•fi 0 SURv�� FILE NO: 0260 FINAL PLAT OF A PROPOSED REZONING ON THE LANDS OF K & I INVESTMENTS, LC PARCELS 43-(A)-1 48, 149, & 151CAND PORTION OF PARCEL 43-(A)-147 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Rodbud Road GreyWolfe, Inc. Winchester, VA22603 Land Survcying and Consulting GreyVVolfelnc@aoLcom w 540-667-2001 OFC 5,10-545-4001 FAX DATE: OCTOBER 27, 2017 SCALE: I " _ To, T SHEET I Of 1 0 0 C ORDINANCE ram; Action: PLANNING COMMISSION: January 17, 2018 - Recommended Approval BOARD OF SUPERVISORS: February 14, 2018 - (xl APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #06-17 K&J INVESTMENTS, LC WHEREAS, REZONING 906-17 K & J Investments, LC, submitted by Stowe Engineering, PLC to rezone 2.459f acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936f acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers and 0.488± acres of land zoned M I (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 27, 2017 was considered. The subject properties are located at the northeast corner of the intersection of Martinsburg Pike (Route 1 1) and Snowden Bridge Boulevard. The properties are located in the Stonewall Magisterial District and are identified by Property Identification Nos. 43-A-147, 43-A-148, 43-A-149 and 43-A-151C; and WHEREAS, the Planning Commission held a public hearing on this rezoning on January 17, 2018 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 14, 2018; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public liealth, 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 Count), Code, Zoning, is amended to rezone four (4) parcels of land, 2.459± acres from RA (Rural Areas) District to the B2 (General Business) District with proffers, 0.936f acres of land zoned RP (Residential Performance) District to the B2 (General Business) District with proffers and 0.488± acres of land zoned MI (Light Industrial) District to the B2 (General Business) District with proffers with a final revision date of October 27, 2017. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. PDRes 04-18 • r-� -2- G'% This ordinance shall be in effect on the date of adoption. r.> Passed this 14th day of February 2018 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Gary A. Lofton Aye J. Douglas McCarthy Aye Robert W. Wells Aye Shannon G. Trout Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Kris C. Peril Frederick County Administrator v ttcutN1A: Fh. DERICK COUNTY.S(;i. This instrumeln1 t�offwrriiting was prolduced to me OD 0 and with certificate acknowledgement thereto hnnexed was admitted to record. Tax imposed by Sec. 58.1-802 of S_ vl! I , and 58.1-801 have been paid, if assessable PDRes #04-18 Clerk BOS Res. #062-18 %446 Rezoning: Property: Record Owners: Project Name: Original Date of Proffers: Revisions: Magisterial District: • N Proffer Statement for Omps North East RZ #06-17 Area: 3.883 acres Tax Parcels 43-(A)-147, 148, 149, & 151C K&J Investments, LC Omps North East May 22, 2017 October 27, 2017 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 owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application06-17 for the rezoning of 3.395 acres from the RA District to the B2 District and 0.488 acres from the M1 District to the B2 District, said areas being shown on the attached rezoning plat, development of the subject properties 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 owners and such are approved by the 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 owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to K & J Investments, LC from North Stephenson, Inc. by Deed per instruments 050009792 and 130013563, and from Cheryl L. DeHaven, by Deed per instrument 160005375 as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated September 19, 2017, by Stowe Engineering, is attached to and made part of this proffer document. • LJ Proffers: Transportation -Vehicle Trips per Day shall not exceed the current by -right trips of 3,441 AADT. To be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. The owners hereby proffer to construct no more than one "right-in/right-out only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. b. The owners hereby proffer to improve the existing "right-in/right-out only" entrance/exit onto Martinsburg Pike (Route 11) at Nulton Lane as shown on the GDP. Final design to be approved by VDOT and the County of Frederick. No other entrances will be constructed on Route 11. The owners hereby proffer a public road, designed and constructed to VDOT standards, to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels will be also be granted an access easement over Ezra Lane. Said road is already proffered for construction in REZ 12-16; however, construction will be by the owners should development occur within this rezoning first. d. The owners hereby proffer to construct no more than one full entrance/exit onto Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer a private road to be known as Nulton Lane within their property as shown on the GDP. This will serve as the internal road system, built to County standards for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. f. The owners hereby proffer an additional 20' strip of land along Route 11 as shown on the GDP for right of way improvements including a 5' sidewalk. The dedication and improvements will occur with the approval of the first site plan. g. The owners hereby proffer to enter into a signalization agreement with the Virginia Department of Transportation for the warrant study and installation of a traffic signal at the intersection of Snowden Bridge Boulevard and Ezra Lane, prior to the approval of the first site plan. It is understood that the owner's participation will be pro -rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. 2 i 2. Corridor Enhancement along Route 11 - Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be consistent with the 50' front building setback. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 3. Fire & Rescue - Monetary Contributions a. The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. C: N _J 3 • • The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owners and owners. 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. Respectfully Submitted: By: �2u K & J Investments, LC Keven V. Omps, Managing Member COMMONWEALTH OF VIRGINIA, City/County of �T-e""Ac' To Wit: Date The foregoing instrument was acknowledged before me this I3) day of �.r&\ , 20 \a by Keven V. Omps in his capacity as Managing Member of K & J Investments, LC. My Commission Expires YL(-` -D , Zll LO Notary Registration Number: (� to � ( to Notary Public Gil N U 2 1 0j Ex. Stoplights X0 Q) j I—, B-2 Zoning - 2016 - Rq 04-16 I (b PR PR , Q 20'R R. 0. W. DEDICAi10. INSTALL ENTRANCE RIGHT IN -OUT NOTE. ENTRANCE AS SHOWN IS CONCEPTUAL IN NATURE. f-7AAL LOCATIONS SHALL BE DETERMINED WITH SITE PLAN 0 IMPROVE ENTRANCE , RIGHT IN -OUT WEBER'S NURSERY t 1\*\ SE PT 2017 100, 01 0, m- GRAPHIC SCALE DRAWN BY: GRO 308 NO, 40460 Receipt: 18000005312 COURT ADDRESS: 5 NORTH KENT STREET WINCHESTER, VA 22601 PHONE # :540-667-5770 ' KG XNl� �I o Z4j� 'Wnzt its OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE: 03/16/2018 TIME : 13:16:49 RECEIPT # : 18000005312 TRANSACTION #: 18031600042 CASHIER: PAM REGISTER # : B114 INSTRUMENT: 180002446 BOOK: GRANTOR: COUNTY OF FREDERICK GRANTEE : K. & J INVESTMENTS LC RECEIVED OF: FREDERICK COUNTY ATTORNEY ADDRESS: CASH : $22.00 DESCRIPTION 1 : ST DIST (PROFFER STATEMENT) 2 : OMPS NORTHEAST CONSIDERATION: $0.00 ANAL: $0.00 CASE # : 069CLR180002446 FILING TYPE: OTHER PAGE: RECORDED: 03/16/2018 EX: N EX: N ACCOUNT CODE DESCRIPTION PAID 035 VOF FEE $1.00 145 VSLF $1.50 PAGES : 007 MAP: MISC Page 1 of 1 PAYMENT : FULL PAYMENT AT : 13:15 LOC : CO PCT : 100% OP:0 NAMES: 0 PIN : ACCOUNT CODE DESCRIPTION PAID 106 (TTF) TECHNOLOGY TRUST FUND FEE (CIRCUIT COURT) $5.00 301 DEEDS $14.50 TENDERED : $ 22.00 AMOUNT PAID: $ 22.00 i PAYOR'S COPY CLERK OF COURT: REBECCA P. HOGAN RECEIPT COPY 1 OF 2 Proffer Statement for Omps North East Rezoning: RZ # = 17 Property: Area: 3.883 acres Tax Parcels 43-(A)-147, 148, 149, & 151C Record Owners: K&J Investments, LC Project Name: Omps North East Original Date of Proffers: May 22, 2017 Revisions: October 27, 2017 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 owners hereby offer the following proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application = 17 for the rezoning of 3.395 acres from the RA District to the B2 District and 0.488 acres from the M1 District to the B2 District, said areas being shown on the attached rezoning plat, development of the subject properties 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 owners and such are approved by the 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 owners and their legal successors, heirs, or assigns. The "Properties" are more particularly described as the lands conveyed to K & J Investments, LC from North Stephenson, Inc. by Deed per instruments 050009792 and 130013563, and from Cheryl L. DeHaven, by Deed per instrument 160005375 as recorded in the Frederick County Circuit Court Clerk's Office. A Generalized Development Plan (GDP) dated September 19, 2017, by Stowe Engineering, is attached to and made part of this proffer document. 1 E r-11 L-A Proffers: Transportation -Vehicle Trips per Day shall not exceed the current by -right trips of 3,441 AADT. To be determined at Site Plan submission utilizing the current ITE Trip Generation Manual. a. The owners hereby proffer to construct no more than one "right-in/right-out only" entrance/exit" on Snowden Bridge Blvd (Route 883) as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer to improve the existing "right-in/right-out only" entrance/exit onto Martinsburg Pike (Route 11) at Nulton Lane as shown on the GDP. Final design to be approved by VDOT and the County of Frederick. No other entrances will be constructed on Route 11. The owners hereby proffer a public road, designed and constructed to VDOT standards, to be known as Ezra Lane within their property as shown on the GDP. This will serve as the internal road system for the development. Furthermore, neighboring parcels will be also be granted an access easement over Ezra Lane. Said road is already proffered for construction in REZ 12-16; however, construction will be by the owners should development occur within this rezoning first. The owners hereby proffer to construct no more than one full entrance/exit onto Ezra Lane as shown on the GDP. Final design and location to be approved by VDOT and the County of Frederick. The owners hereby proffer a private road to be known as Nulton Lane within their property as shown on the GDP. This will serve as the internal road system, built to County standards for commercial drive aisles, for the development. Furthermore, neighboring parcels identified as the 43-(A)-141, 142, and 143, and 43 (C) 2 1 will be also be granted an access easement over Nulton Lane. Easements shall be granted when requested by the County of Frederick. f. The owners hereby proffer an additional 20' strip of land along Route 11 as shown on the GDP for right of way improvements including a 5' sidewalk. The dedication and improvements will occur with the approval of the first site plan. g. The owners hereby proffer to enter into a signalization agreement with the Virginia Department of Transportation for the warrant study and installation of a traffic signal at the intersection of Snowden Bridge Boulevard and Ezra Lane, prior to the approval of the first site plan. It is understood that the owner's participation will be pro -rated based on his portion of the total traffic volume in the intersection. Agreement shall be executed prior approval of first site plan. 04 9 • 2. Corridor Enhancement along Route 11- Martinsburg Pike a. The owners hereby proffer to construct split -rail fence with a 36" hedge within the front building setback. b. The owners hereby proffer the parking setback along Route 11 shall be consistent with the 50' front building setback. c. The owner hereby proffers only one freestanding monument style tenant sign along the frontage of Martinsburg Pike. No additional freestanding signage will be allowed along Martinsburg Pike. 3. Fire & Rescue - Monetary Contributions a. The owners hereby proffer a cash contribution to Frederick County for Fire and Rescue purposes, of $0.10 per building square foot to be disbursed to the Frederick County Fire and Rescue Department, to be paid prior to occupancy permit. The term "building square foot" shall be the combined floor area for each story. 3 • The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the Interest of the owners and owners. 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. Respectfully Submitted: By: , 0. Q r rY K & J Investments, LC Keven V. Omps, Managing Member COMMONWEALTH OF VIRGINIA, City/County of e &t ``�� J aL^-• � i Date To Wit: The foregoing instrument was acknowledged before me this day of Z--nk-kArH 20 li " by Keven V. Omps In his capacity as Managing Member of K & J Investments, LC. LAJ Notary Public My Commission Expires: l • �3A • boj�s (Votary Registration Number: � r)�,tg- Ib4 0 0 IMPROVE ENTRANCE Q Ex. Stoplights RIGHT IN -OUT fir Mdrt`inSbUr9 P/ � j / Z ` O V 8.2 Zoning - 2016 • REZ 04.16 j a WEBER'S NURSER Y PR. z - C) W ' w v 20' R. 0. W. o DEDICATION o a � ps c l� PROPOSED _ INSTALL ENTRANCE— --- i 3.883 ac - B-Z � RIGHT IN -OUT ! ; _ REZONING ii NOTE. ! j z. 459 R4 ENTRANCE AS SHOWN IS CONCEPTUAL IN NATURE. : j `— FINAL LOCAT70NS SHALL BE 11 \ y 2 - DETERMINED WITH SITE PLAN ` _ - Pr. Stoplights i Ezra Lane 3— , `� i FULL ENTRANCE o -_ W / 8.3Zorong .Z016 / i M-1 Zoning - 2012 - REZ-12-16 •, ,� DATE: SE?T.19, 2017 100, 0' 100, SCALE: 1'=100' D GRAPHIC SOLE RAWN BY: GRO JOd N0. 90460 • • Candice Perkins From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of Smith, Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov> Sent: Tuesday, September 5, 2017 8:10 AM To: John Bishop Cc: Tim Stowe; Short, Terry (VDOT); Campbell, Adam (VDOT); Smith, Matthew, P.E. (VDOT) Subject: Omps Northeast Rezoning/TIA - VDOT Comments 9.5.2017 A VDOT review has been completed on the Omps Northeast Rezoning/TIA. We offer the following comments: • VDOT Staunton District Planning recommends removal of the proposed right -in / right -out (RIRO) entrance to the site on Snowden Bridge Boulevard from both the proffers and the report recommendations. The entrance does not comply with Access Management Regulations, being the location of this entrance is within the functional area of the signalized intersection at US 11, as it overlaps the existing tapers of the westbound right turn lane and both the westbound and eastbound left turn lanes on Snowden Bridge Boulevard. With the proposed location of the additional RIRO entrance onto US 11, the majority of the site trips that would utilize the subject entrance would be accessing southbound US 11, which would require two lane shifts past the through and right turns on Snowden Bridge Boulevard to access the dual left turn lanes. This movement may result in a safety issue given the short distance to achieve the desired lane positioning, with safety concerns increasing in the future as traffic volumes on Snowden Bridge Boulevard grow with developments coming online, and ultimately the connection to Old Charles Town Road. Additionally, without a divided median, the likelihood of drivers making unlawful left in and out -�- movements at the proposed RIRO entrance further compounds potential safety issues. As a Major Collector facility, the intent of Snowden Bridge Boulevard is to provide properly planned access points to service the local road network in a manner that maintains efficient and safe operational progression on the corridor. Commercial entrances should be proffered without The approval of the subject entrance given the location's proximity to two signalized intersections (one planned) does not meet this intent and therefore, cannot be supported. In addition, proposed entrance approvals will only occur at time of specific site development plans and should not be approved with proffers at rezoning stage. • We recommend the proffer for RIRO entrance at Nulton Lane be revised to "provide improvements to the existing entrance at Nulton Lane" as there is already an entrance there. Based on the forecasted Design Year PM turning movements at the pfepesed existing RIRO entrance to Nulton Lane, a 100' right turn taper is warranted. Furthermore, with the forecasted Design Year advancing volume on northbound US 11, only 17 additional right turns are necessary to warrant a full right turn lane onto Nulton Lane. Since this roadway will serve as an interparcel connector to properties north and east of the subject site, it is inevitable that future right turn volumes will warrant the full turn lane, of which the applicant will be the primary contributor. The turn lane will also remove decelerating vehicles accessing the site from the US 11 northbound lane merge along the property frontage, enhancing mainline operations and safety. District Planning recommends that the County require the addition of the full right turn lane along the property's US it frontage to the report conclusion and mitigation measures offered by the applicant. The submitted draft proffers dated June 19, 2017 provide a 20' right-of-way dedication along the property's US 11 frontage to accommodate future planned widening of the facility. However, the report recommendations state a 10' right-of-way dedication along US 11. This section of US 11 is designated as an urban, 6-lane, divided facility per the Frederick County Comprehensive Plan. Please confirm that the proposed width of right-of-way dedication can 0 0 accommodate three future US 11 northbound through lanes, a right turn lane, curb and gutter section and sidewalk with minimum buffer width (approximately 62' width from the edge of the existing US 11 median). District Planning recommends the report conclusion and improvements offered by the applicant include the construction of a 5' wide sidewalk along the property's US 11 frontage. Said sidewalk to be located to accommodate the full future widening of US 11 with a minimum 4' wide buffer strip between the future back of curb and edge of sidewalk, per VDOT Road Design Manual standards for Urban Collector Streets. The report states that an assumption of 10% heavy vehicles was assigned to the background Graystone development trip generation. However, the heavy vehicle % settings in the Synchro models do not reflect this assumption, as all ingress and egress volumes from Snowden Bridge Boulevard appear to be set at 2% heavy vehicles. Synchro models and/or report will need to be updated accordingly, should a revised TIA submission be recommended by the County. • Remove the proposed full entrance proffer onto Ezra Lane. The entrance approvals will occur at time of specific site development plan and should not be approved with proffers at rezoning stage. General Study Comment: Appendix F of the report contains the signal timing information provided by VDOT for use in the study analysis. The existing signal at US 11 and Snowden Bridge Boulevard is part of a coordinated InSync system that also includes the ramp signals at the Exit 317 interchange. During the scoping process, VDOT requested that the existing year models utilize the provided cycle lengths and clearance intervals with split optimization to reflect the operation of the adaptive coordination system in the peak hour. As submitted, the existing year AM model utilizes the correct 140 second cycle length, but the existing year PM model uses a 60 second cycle length, instead of the current 150 second cycle length. Additionally, all future year Synchro models utilize considerably shorter cycle lengths of 60 - 85 seconds. While the Synchro outputs identify these shorter cycle lengths as achieving acceptable future year measures of effectiveness, simulation in SimTraffic identifies that the short cycle lengths are not capable of constantly clearing vehicle queues when a signal phase is served. While VDOT provided direction during the scoping process to optimize future model cycle lengths and splits, consideration must be given in the selection of future year cycle lengths as they relate to the other signals in the adaptive coordinated corridor. Simulation shows that dropping the cycle lengths by half does not work operationally at the single study intersection, let alone the entire InSync corridor. That being said, given the fact that the existing US 11 / Snowden Bridge Boulevard intersection is generally at maximum buildout, even if more appropriate cycle lengths are analyzed, it is VDOT's opinion that traffic generated by the subject property is unlikely to result in additional mitigation measures that are not already identified in the report or these comments. However, the current analysis outputs presented in the report are not an accurate representation of the sum of total potential future development impacts to the study intersections / US 11 corridor. Numerous previous studies completed in the area have all identified that significant improvements to the transportation network are necessary given the anticipated level of growth along US 11 to the north of Exit 317 (widening of US 11, full completion of Snowden Bridge Boulevard, relocation of Redbud Road and the Exit 317 northbound off -ramp). Therefore, VDOT will defer to Frederick County to determine if a full update of the TIA to more accurately model potential future conditions is warranted for the county's information. At a minimum, VDOT District Planning recommends that an updated version of the report executive summary and conclusion be submitted as an addendum (which highlights revisions in response to the comments below), along with an updated proffer submittal for a second review. Should you have any questions or wish to discuss this information, do not hesitate to let me know. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 540/984-5607 e-mail: Matthew.Smith@vdot.virginia.gov September 21, 2017 Mr. John Bishop Assistant Director, Transportation Fredrick County Planning and Development 107 North Kent Street Winchester, VA 22601 RE: Omps NE Rezoning — VDOT Comments Dearlohn: This letter is in response to the September 5, 2017 email from Matthew Smith of VDOT and the review comments offered for your consideration in said email. I agree with the conclusion proposed by Mr. Smith and have attached a revise Executive Summary and Conclusion for the Traffic Impact Study prepared by this firm. The revisions address additional development that is planned in the vicinity of this rezoning and the possible need for future evaluation of traffic impacts from development projects not previously examined. I am also providing a copy of the revise proffer statement and GDP. Should you need any additional information, please feel free to contact me. Sincerely, Timothy S. Stowe, PE, LS President Attachments 103 Heath Court, Winchester Virginia 22602 • (540) 686.7373 • fax: (540) 301.1100 email: TimStowe@StoweCompanies.com • 0 Executive Summary This Traffic Impact Study was prepared to support the rezoning request for the land owned by K&J Investments and is located east of Martinsburg Pike in Frederick County, VA. The rezoning, if approved, will lead to the development of 3.9 acres with a fast food restaurant and a convenience store with fuel pumps. The subject property is located east of Martinsburg Pike and north of Snowden Bridge Boulevard in Frederick County, VA. Access to the site will be through new entrances onto Ezra Lane, Nulton Lane, and Snowden Bridge Blvd, The Nulton Lane entrance will provide access to Martinsburg Pike. The Snowden Bridge Blvd. and Martinsburg Pike connections will be right -in right -out only. The Ezra Lane entrance will be a full movement entrance. The construction of Ezra Lane and Nulton Lane are necessary to distribute the traffic from the proposed development and are considered an important part of this development. With the introduction of significant background traffic in the background and design year scenarios, a decrease in the level of service for some movements was observed in the Design Year 2024. This can be seen in the Design Year PM peak hour where two left turning movements operate at a LOS of D and the southbound left turn movement operates at a LOS of E with a delay of 58.8 seconds. To mitigate this impact the recommended roadway improvements are: • Construct Ezra Lane from Snowden Bridge Boulevard to Nulton Lane as a 2-lane public roadway with a continuous left turn lane. • Construct Nulton Lane as a 2-lane private roadway with a right turn lane from Route 11. Nulton Lane will provide ingress and egress for the adjacent land owners to the north. • Provide additional 20' of right of way along Route 11 to accommodate future improvements and a 5' sidewalk. • Enter into a signalization agreement with the Virginia Department of Transportation for the signal at the intersection of Snowden Bridge Boulevard and Ezra Lane With these improvements proffered by this developer combined with the improvements this developer has previously proffered and/or participated in at this location, it is the opinion of this engineer that the transportation impacts of this rezoning and its resulting development are both manageable and acceptable for this project setting. It is recognized that additional development in the surrounding area is likely to occur after the design year of this project, and that development could have an impact on traffic operations in the intersections studied for this project. • 0 Conclusions This Traffic Impact Study was prepared to support the rezoning request for the land owned by K&J Investments and is located east of Martinsburg Pike in Frederick County, VA. The rezoning, if approved, will lead to the development of 3.9 acres with a fast food restaurant and a convenience store with fuel pumps. The subject property is located east of Martinsburg Pike and north of Snowden Bridge Blvd. in Frederick County, VA. Access to the site will be through new entrances onto Ezra Lane, Nulton Lane, and Snowden Bridge Blvd. The Nulton Lane entrance will provide access to Martinsburg Pike. The Snowden Bridge Blvd. and Martinsburg Pike connections will be right -in right -out only. The Ezra Lane entrance will be a full movement entrance. The construction of Ezra Lane and Nulton Lane are necessary to distribute the traffic from the proposed development and are considered an important part of this development. With the introduction of significant background traffic in the background and design year scenarios, a decrease in the level of service for some movements was observed in the Design Year 2024. This can be seen in the Design Year PM peak hour where two left turning movements operate at a LOS of D and the southbound left turn movement operates at a LOS of E with a delay of 58.8 seconds. To mitigate this impact the recommended roadway improvements are: • Construct Ezra Lane from Snowden Bridge Boulevard to Nulton Lane as a 2-lane public roadway with a continuous left turn lane. • Construct Nulton Lane as a 2-lane private roadway with a right turn lane from Route 11. Nulton Lane will provide ingress and egress for the adjacent land owners to the north. • Provide additional 20' of right of way along Route 11 to accommodate future improvements and a 5' sidewalk. • Enter into a signalization agreement with the Virginia Department of Transportation for the signal at the intersection of Snowden Bridge Boulevard and Ezra Lane With these improvements proffered by this developer combined with the improvements this developer has previously proffered and/or participated in at this location, it is the opinion of this engineer that the transportation impacts of this rezoning and its resulting development are both manageable and acceptable for this project setting. It is recognized that additional development in the surrounding area is likely to occur after the design year of this project, and that development could have an impact on traffic operations in the intersections studied for this project. P--j N Ex. Stoplights B-2 Zoning - 2016 - REk 04-16 INSTALL ENTRANCE------�,�Ii RIGHT IN -OUT NOTE. ENTRANCE AS SHOWN 15 IT CONCEPTUAL IN NATURE. FINAL LOCATIONS SHALL BE DETERMINED WITH SITE PLAN (j) ck-T, —1 IMPROVE ENTRANCE RIGHT IN-OUT` L-J P R W. 20'R. 0. W. R IC A �ION OEDICA TION cu k 'I PROPOSED 3.883 ac - B-2 REZONING 2.459 RA 77--� WEBER'S NURSERY z ------ Pr. Stop c� fight� Ezra Lane 0 FULL ENTRANCE -3 Zon -2016 M-1 Zoning - 2012 - REZ-12-16 DATE : SEPT.19, 2017 100, 01 100' SCALE: 1,=100, DRAWN BY: GRO GRAPHIC SCALE JOB NO. #0460 0 0 Candice Perkins From: Funkhouser, Rhonda (VDOT) <Rhonda.Funkhouser@VDOT.Virginia.gov> on behalf of Smith, Matthew, P.E. (VDOT) <Matthew.Smith@vdot.virginia.gov> Sent: Tuesday, September 5, 2017 8:10 AM To: John Bishop Cc: Tim Stowe; Short, Terry (VDOT); Campbell, Adam (VDOT); Smith, Matthew, P.E, (VDOT) Subject: Omps Northeast Rezoning/TIA - VDOT Comments 9.5.2017 A VDOT review has been completed on the Omps Northeast Rezoning/TIA. We offer the following comments: VDOT Staunton District Planning recommends removal of the proposed right -in / right -out (RIRO) entrance to the site on Snowden Bridge Boulevard from both the proffers and the report recommendations. The entrance does not comply with Access Management Regulations, being the location of this entrance is within the functional area of the signalized intersection at US 11, as it overlaps the existing tapers of the westbound right turn lane and both the westbound and eastbound left turn lanes on Snowden Bridge Boulevard. With the proposed location of the additional RIRO entrance onto US 11, the majority of the site trips that would utilize the subject entrance would be accessing southbound US 11, which would require two lane shifts past the through and right turns on Snowden Bridge Boulevard to access the dual left turn lanes. This movement may result in a safety issue given the short distance to achieve the desired lane positioning, with safety concerns increasing in the future as traffic volumes on Snowden Bridge Boulevard grow with developments coming online, and ultimately the connection to Old Charles Town Road. Additionally, without a divided median, the likelihood of drivers making unlawful left in and out movements at the proposed RIRO entrance further compounds potential safety issues. As a Major Collector facility, the intent of Snowden Bridge Boulevard is to provide properly planned access points to service the local road network in a manner that maintains efficient and safe operational progression on the corridor. Commercial entrances should be proffered without The approval of the subject entrance given the location's proximity to two signalized intersections (one planned) does not meet this intent and therefore, cannot be supported. In addition, proposed entrance approvals will only occur at time of specific site development plans and should not be approved with proffers at rezoning stage. We recommend the proffer for RIRO entrance at Nulton Lane be revised to "provide improvements to the existing entrance at Nulton Lane" as there is already an entrance there. Based on the forecasted Design Year PM turning movements at the deposed existing RIRO entrance to Nulton Lane, a 100' right turn taper is warranted. Furthermore, with the forecasted Design Year advancing volume on northbound US 11, only 17 additional right turns are necessary to warrant a full right turn lane onto Nulton Lane. Since this roadway will serve as an interparcel connector to properties north and east of the subject site, it is inevitable that future right turn volumes will warrant the full turn lane, of which the applicant will be the primary contributor. The turn lane will also remove decelerating vehicles accessing the site from the US 11 northbound lane merge along the property frontage, enhancing mainline operations and safety. District Planning recommends that the County require the addition of the full right turn lane along the property's US 11 frontage to the report conclusion and mitigation measures offered by the applicant. The submitted draft proffers dated June 19, 2017 provide a 20' right-of-way dedication along the property's US 11 frontage to accommodate future planned widening of the facility. However, the report recommendations state a 10' right-of-way dedication along US 11. This section of US 11 is designated as an urban, 6-lane, divided facility per the Frederick County Comprehensive Plan. Please confirm that the proposed width of right-of-way dedication can 0 • accommodate three future US 11 northbound through lanes, a right turn lane, curb and gutter section and sidewalk with minimum buffer width (approximately 62' width from the edge of the existing US 11 median). District Planning recommends the report conclusion and improvements offered by the applicant include the construction of a 5' wide sidewalk along the property's US 11 frontage. Said sidewalk to be located to accommodate the full future widening of US 11 with a minimum 4' wide buffer strip between the future back of curb and edge of sidewalk, per VDOT Road Design Manual standards for Urban Collector Streets. The report states that an assumption of 10% heavy vehicles was assigned to the background Graystone development trip generation. However, the heavy vehicle % settings in the Synchro models do not reflect this assumption, as all ingress and egress volumes from Snowden Bridge Boulevard appear to be set at 2% heavy vehicles. Synchro models and/or report will need to be updated accordingly, should a revised TIA submission be recommended by the County. • Remove the proposed full entrance proffer onto Ezra Lane. The entrance approvals will occur at time of specific site development plan and should not be approved with proffers at rezoning stage. General Study Comment: Appendix F of the report contains the signal timing information provided by VDOT for use in the study analysis. The existing signal at US 11 and Snowden Bridge Boulevard is part of a coordinated InSync system that also includes the ramp signals at the Exit 317 interchange. During the scoping process, VDOT requested that the existing year models utilize the provided cycle lengths and clearance intervals with split optimization to reflect the operation of the adaptive coordination system in the peak hour. As submitted, the existing year AM model utilizes the correct 140 second cycle length, but the existing year PM model uses a 60 second cycle length, instead of the current 150 second cycle length. Additionally, all future year Synchro models utilize considerably shorter cycle lengths of 60 - 85 seconds. While the Synchro outputs identify these shorter cycle lengths as achieving acceptable future year measures of effectiveness, simulation in SimTraffic identifies that the short cycle lengths are not capable of constantly clearing vehicle queues when a signal phase is served. While VDOT provided direction during the scoping process to optimize future model cycle lengths and splits, consideration must be given in the selection of future year cycle lengths as they relate to the other signals in the adaptive coordinated corridor. Simulation shows that dropping the cycle lengths by half does not work operationally at the single study intersection, let alone the entire InSync corridor. That being said, given the fact that the existing US 11 / Snowden Bridge Boulevard intersection is generally at maximum buildout, even if more appropriate cycle lengths are analyzed, it is VDOT's opinion that traffic generated by the subject property is unlikely to result in additional mitigation measures that are not already identified in the report or these comments. However, the current analysis outputs presented in the report are not an accurate representation of the sum of total potential future development impacts to the study intersections / US 11 corridor. Numerous previous studies completed in the area have all identified that significant improvements to the transportation network are necessary given the anticipated level of growth along US 11 to the north of Exit 317 (widening of US 11, full completion of Snowden Bridge Boulevard, relocation of Redbud Road and the Exit 317 northbound off -ramp). Therefore, VDOT will defer to Frederick County to determine if a full update of the TIA to more accurately model potential future conditions is warranted for the county's information. At a minimum, VDOT District Planning recommends that an updated version of the report executive summary and conclusion be submitted as an addendum (which highlights revisions in response to the comments below), along with an updated proffer submittal for a second review. • Should you have any questions or wish to discuss this information, do not hesitate to let me know. Matthew B. Smith, P.E. I Area Land Use Engineer Virginia Department of Transportation Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA 22824 voice: 540/984-5615 fax: 540/984-5607 e-mail: Matthew.Smith@vdot.virginia.gov • E d FREDERICK WATER 315 Tasker Road PH (540) 868-1061 Stephens City, Virginia 22655 Fax (540) 868-1429 www.FrederickWater.com August 9, 2017 Tim Stowe Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 RE: Rezoning Application Comment Omps North East Rezoning Tax Map Number: 43-A-147, 148, 149, and 151C 3.883 acres Dear Mr. Stowe: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the Omps North East rezoning application package, with a proffer statement dated June 19, 2017 and the Impact Statement dated May 30, 2017. 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 rezoning application seeks to enable a 1,500 square feet service station and a 3,000 square foot restaurant, although it is noted that the proffer statement does not limit the use of the property to these uses and nor square footages. The proffer statement is also silent on improvements that would be constructed by the property owner to meet water and sewer demands. Accordingly, the comments offered herein are general in nature. The ultimate decision regarding the ability to serve the property with adequate water and sewer will be determined at the time the site's use is determined, and water and sewer connection fees are paid to Frederick Water. The project parcels are located in the sewer and water service area (SWSA) and in an area presently served by FCSA. SWSA enables access to public water and sewer service by county 5� ANNIVERSARY Water At Your Service 100 "-K Page 2 Omps North East rezoning application Tim Stowe, Stowe Engineering August 9, 2017 policy. Location within the SWSA does not guarantee that sewer and water capacities are available to serve the property. Water is readily available to serve the site. Pressures and flows are suitable. As noted in the project's Impact Analysis Statement, wastewater from the site will be conveyed to the existing HH Omps sewer pump station, through the sanitary sewer lines, and ultimately treated at the Opequon Water Reclamation Facility. Sanitary sewer conveyance in the vicinity of the site presently has limited capacity. Connection to the sanitary sewer system will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system within the area to be served and the ability of the existing conveyance system to accept additional loads. The applicant may also need to introduce a SCADA system to increase sewer flow efficiency in order to introduce additional flows to the sewer conveyance system. As previously noted, sewer system capacity is not reserved until the sewer connection fee is paid to Frederick Water, and physical connection to the system is made. Water and sanitary sewers are to be constructed in accordance with the FCSA standards specifications. Dedicated easements may be required and based on the layout vehicular access will need to be incorporated into the final design. Please be aware that the FCSA is offering these review comments without benefit of knowledge of the specific use of the site. We would welcome an opportunity to review any proffers which may serve to mitigate any sewer deficiencies. Thank you for the opportunity to offer review comments. Sincerely, Eric R. Lawrence Executive Director Cc: Michael T. Ruddy, AICP, County Planning Department �1111-'jj C0411 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Tax: 540/665-6395 July 13, 2017 Mr. Tim Stowe, PE, LS Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 RE: Proposed Rezoning for Omps North East Properties Property Identification Numbers (PINs): 43-A-147, 148, 149, 151C Dear Tim: I have had the opportunity to review the draft rezoning application for the Omps North East properties. This application seeks to rezone four properties totaling 3.9 acres from the M1 (Light Industrial) and RA (Rural Areas) Districts to the B2 (General Business) District with proffers. The review is generally based upon the proffer statement dated June 19, 2017. 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 — Land Use. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The proposed B2 Zoning is generally consistent with the Northeast Frederick Land Use Plan as it relates to this area. 2. Existing Zoning. The official zoning map shows parcels 43-A-148 and 149 zoned RA (Rural Areas) not RP (Residential Performance). 3. Proffer 1c. This proffer indicates that Ezra Lane is a public road, recent proffer amendments for Ezra Lane to the west have changed the designation from public to private. Clarify if this segment will be public. 4. Proffer 1f. The 20' dedication is not shown on the GPD as indicated by the proffer. Also, this proffer should include the construction of any improvements along Martinsburg Pike as deemed necessary by VDOT and a sidewalk. 0 s Page 2 Mr. Tim Stowe RE: Omps North East Properties July 13, 2017 S. Proffer 1g - Signalization. Rezoning 401-12 fully proffered the signal at the intersection of Ezra Lane and Snowden Bridge Boulevard. 6. Proffer 2b. The statement "per the Frederick County Zoning Ordinance" should be removed, this is not a code requirement. 7. GPD — Older Rezonings. It would be helpful to label the other properties adjacent to this proposed rezoning that are covered by older proffer statements. 8. Plat. Provide a plat of the rezoning that includes a metes and bounds description for all four of the properties for which the rezoning is being requested. Also, please provide deeds and verification of taxes paid. 9. Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. The owner's information on the POA submitted was blank. 10. 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 comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 11. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, Health Department, the local Fire and Rescue Company, the County Attorney and the Frederick -Winchester Service Authority. 12. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,390 based upon acreage of 3.9 acres. 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/dlw • • Diane Walsh From: Diane Walsh Sent: Thursday, July 13, 2017 10:16 AM To: Tim Stowe (timstowe@stowecompanies.com) Cc: Candice Perkins Subject: Preliminary Comments Attachments: Preliminary Comments Omps North East Properties Rezoning.pdf Tracking: Recipient Delivery Tim Stowe (timstowe@stowecompanies.com) Candice Perkins Delivered: 7/13/2017 10:16 AM Tim — please find attached the preliminary comments for the Omps North East Properties Rezoning. If you have any questions, or comments, please do not hesitate to contact Candice. Diane Walsh l+rederi& County, Planning Department 107 Nortli Kent Street, Suite 202 Winchester, VA 22601 540-665-5651 oNvalsh nascvam 1 t�J • Diane Walsh From: Microsoft Outlook To: Candice Perkins Sent: Thursday, July 13, 2017 10:16 AM Subject: Delivered: Preliminary Comments Your message has been delivered to the following recipients: Candice Perkins (cperkins fcva.us) <mailto:cperkins@fcva.us> Subject: Preliminary Comments C E Dine Walsh From: Mail Delivery System < MAILER- DAEMON@co.frederick,va.us> To: timstowe@stowecompanies.com Sent: Thursday, July 13, 2017 10:16 AM Subject: Relayed: Preliminary Comments Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: timstowe(@stowecompanies.com Subject: Preliminary Comments COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Tax: 540/ 665-6395 July 13, 2017 Mr. Tim Stowe, PE, LS Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 RE: Proposed Rezoning for Omps North East Properties Property Identification Numbers (PINS): 43-A-147, 148, 149, 151C Dear Tim: I have had the opportunity to review the draft rezoning application for the Omps North East properties. This application seeks to rezone four properties totaling 3.9 acres from the M1 (Light Industrial) and RA (Rural Areas) Districts to the B2 (General Business) District with proffers. The review is generally based upon the proffer statement dated June 19, 2017. 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 — Land Use. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The property is located within the SWSA. The 2035 Comprehensive Plan identifies these properties with a commercial land use designation. The proposed B2 Zoning is generally consistent with the Northeast Frederick Land Use Plan as it relates to this area. 2. Existing Zoning. The official zoning map shows parcels 43-A-148 and 149 zoned RA (Rural Areas) not RP (Residential Performance). 3. Proffer 1c. This proffer indicates that Ezra Lane is a public road, recent proffer amendments for Ezra Lane to the west have changed the designation from public to private. Clarify if this segment will be public. 4. Proffer 1f. The 20' dedication is not shown on the GPD as indicated by the proffer. Also, this proffer should include the construction of any improvements along Martinsburg Pike as deemed necessary by VDOT and a sidewalk. Page 2 Mr. Tim Stowe RE: Omps North East Properties July 13, 2017 5. Proffer 1g - Signalization. Rezoning 401-12 fully proffered the signal at the intersection of Ezra Lane and Snowden Bridge Boulevard. 6. Proffer 2b. The statement "per the Frederick County Zoning Ordinance" should be removed, this is not a code requirement. 7. GPD — Older Rezonings. It would be helpful to label the other properties adjacent to this proposed rezoning that are covered by older proffer statements. 8. Plat. Provide a plat of the rezoning that includes a metes and bounds description for all four of the properties for which the rezoning is being requested. Also, please provide deeds and verification of taxes paid. 9. Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. The owner's information on the POA submitted was blank. 10. 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 comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 11. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Sanitation Authority, Health Department, the local Fire and Rescue Company, the County Attorney and the Frederick -Winchester Service Authority. 12. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $10,390 based upon acreage of 3.9 acres. 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/dlw COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 June 23, 2017 Mr. Tim Stowe, PE, LS Stowe Engineering, PLC 103 Heath Court Winchester, Virginia 22602 RE: Request for Historic Resources Advisory Board (HRAB) Comments Omps North East Property Rezoning; PINs: 43-A-147, 148, 149, 151C Zoning District: Current Zoning RA, RP, M 1, Proposed Zoning B2 Dear Mr. Stowe: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact Ilistoric resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It is noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does identify this area as being located within the study area of the Second and Third (Opequon) Battles of Winchester. However, the general vicinity of this site is identified by the Study as having lost its integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 September 21, 2017 Mr. John Bishop Assistant Director, Transportation Fredrick County Planning and Development 107 North Kent Street Winchester, VA 22601 RE: Omps NE Rezoning — VDOT Comments Dear John: This letter is in response to the September 5, 2017 email from Matthew Smith of VDOT and the review comments offered for your consideration in said email. I agree with the conclusion proposed by Mr. Smith and have attached a revise Executive Summary and Conclusion for the Traffic Impact Study prepared by this firm. The revisions address additional development that is planned in the vicinity of this rezoning and the possible need for future evaluation of traffic impacts from development projects not previously examined. I am also providing a copy of the revise proffer statement and GDP. Should you need any additional information, please feel free to contact me. Sincerely, �i Timothy;�!Stowe, PE, LS President Attachments 103 Heath Court, Winchester Virginia 22602 • (540) 686.7373 • fax: (540) 301.1100 email: TimStowe@StoweCompanies.com i 0 Executive Summary This Traffic Impact Study was prepared to support the rezoning request for the land owned by K&1 Investments and is located east of Martinsburg Pike in Frederick County, VA. The rezoning, if approved, will lead to the development of 3.9 acres with a fast food restaurant and a convenience store with fuel pumps. The subject property is located east of Martinsburg Pike and north of Snowden Bridge Boulevard in Frederick County, VA. Access to the site will be through new entrances onto Ezra Lane, Nulton Lane, and Snowden Bridge Blvd. The Nulton Lane entrance will provide access to Martinsburg Pike. The Snowden Bridge Blvd. and Martinsburg Pike connections will be right -in right -out only. The Ezra Lane entrance will be a full movement entrance. The construction of Ezra Lane and Nulton Lane are necessary to distribute the traffic from the proposed development and are considered an important part of this development. With the introduction of significant background traffic in the background and design year scenarios, a decrease in the level of service for some movements was observed in the Design Year 2024. This can be seen in the Design Year PM peak hour where two left turning movements operate at a LOS of D and the southbound left turn movement operates at a LOS of E with a delay of 58.8 seconds. To mitigate this impact the recommended roadway improvements are: • Construct Ezra Lane from Snowden Bridge Boulevard to Nulton Lane as a 2-1ane public roadway with a continuous left turn lane. • Construct Nulton Lane as a 2-lane private roadway with a right turn lane from Route 11. Nulton Lane will provide ingress and egress for the adjacent land owners to the north. • Provide additional 20' of right of way along Route 11 to accommodate future improvements and a 5' sidewalk. • Enter into a signalization agreement with the Virginia Department of Transportation for the signal at the intersection of Snowden Bridge Boulevard and Ezra Lane With these improvements proffered by this developer combined with the improvements this developer has previously proffered and/or participated in at this location, it is the opinion of this engineer that the transportation impacts of this rezoning and its resulting development are both manageable and acceptable for this project setting. It is recognized that additional development in the surrounding area is likely to occur after the design year of this project, and that development could have an impact on traffic operations in the intersections studied for this project. Conclusions This Traffic Impact Study was prepared to support the rezoning request for the land owned by K&1 Investments and is located east of Martinsburg Pike in Frederick County, VA. The rezoning, if approved, will lead to the development of 3.9 acres with a fast food restaurant and a convenience store with fuel pumps. The subject property is located east of Martinsburg Pike and north of Snowden Bridge Blvd. in Frederick County, VA. Access to the site will be through new entrances onto Ezra Lane, Nulton Lane, and Snowden Bridge Blvd. The Nulton Lane entrance will provide access to Martinsburg Pike. The Snowden Bridge Blvd. and Martinsburg Pike connections will be right -in right -out only. The Ezra Lane entrance will be a full movement entrance. The construction of Ezra Lane and Nulton Lane are necessary to distribute the traffic from the proposed development and are considered an important part of this development. With the introduction of significant background traffic in the background and design year scenarios, a decrease in the level of service for some movements was observed in the Design Year 2024. This can be seen in the Design Year PM peak hour where two left turning movements operate at a LOS of D and the southbound left turn movement operates at a LOS of E with a delay of 58.8 seconds. To mitigate this impact the recommended roadway improvements are: • Construct Ezra Lane from Snowden Bridge Boulevard to Nulton Lane as a 2-lane public roadway with a continuous left turn lane. • Construct Nulton Lane as a 2-lane private roadway with a right turn lane from Route 11. Nulton Lane will provide ingress and egress for the adjacent land owners to the north. • Provide additional 20' of right of way along Route 11 to accommodate future improvements and a 5' sidewalk. • Enter into a signalization agreement with the Virginia Department of Transportation for the signal at the intersection of Snowden Bridge Boulevard and Ezra Lane With these improvements proffered by this developer combined with the improvements this developer has previously proffered and/or participated in at this location, it is the opinion of this engineer that the transportation impacts of this rezoning and its resulting development are both manageable and acceptable for this project setting. It is recognized that additional development in the surrounding area is likely to occur after the design year of this project, and that development could have an impact on traffic operations in the intersections studied for this project. Rezoning Comments Frederick Count), Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director ofEngineering 107 North Kent Street 'Winchester, Virginia 22601 (540) 665-5643 Hond deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg,, Suite 202 107 North Kent Street Witiclicster, Virginia 1 Applicant: Please fill out the infoumation as accurately 'd5 possible in order to assist 111C Department of I� Public Works with. their review. Attach a copy. of .your ,application form, location map, llro"('r] statem+erit; i►updct aadlys►�, and any Othmpe►lillent information. Applicetat's Name: Stowe Engineering, PLC Mailing Address: 103 Heath court omall: titnstowe(a�stowecompanies.com �f��lephanc: sa0•uF�,�IsIA Location of property: north east cornor at Intersoction of Martinsburg Pike (Route 11) and Snowden Bridp© Boulevard Current zoning: M1, RP, RA Zoning requested: B2 -- Acreage: 3•9 De artment of Public'1'4'ork's Comments: 7, v;e,-, 5 h �/ t d CGyr S %4 �a�6�+ .�� �l�►� d�� !=5 �� � t�G/cy�c-1�' � _...-x�_��cz ��r-f!;�Z Public Works Signature & Date: Notice to Dept, of Pub NWorlis - Please Return This Form to the Applicant W e Cv V4( t,Vw{(- VVI'XL rCtvvq'. RECEI Y E) •.1IN. ,Pl,/1? Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Rix: (540) 678-4739 Eiiiaik fitro cDfcva. its Plan Review & Comments Date Received 6/20/2017 Plan/Permit Type Rezoning 06-20-17 Name Omps Northeast Property Rezoning Address Martinsburg Pk/Snowden Bridge Winchester Project Name Rezoning 06-20-17 Applicant Name & Number Stowe Engineering 540-686-7373 RE# Permit Number Emergency Vehicle Access: Adequate Inadequate NXA Hydrant Location: Adequate Inadequate N✓1� Siamese Location: Adequate Inadequate NIAKIII Fire Lanes Required: Yes No NfA Plan Approval Status Approve Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: v---�� Date Reviewed 6/21 /2017 VA 22602 E U Rezoning Comments RECEIVED AR-4 fl 2017 Frederick County Fire Marshal iVlail to: Frederick County lire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Winchester, Virginia Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive 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 i\'lalling Address: 103 Heath Court Winchester, VA 22602 email: timstowe@stowecompanies.com Telephone: 540.667.4919 LoCatloll of property: north east corner at intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard Current zoning: M1, RP, RA Fire Marshal's Comments: Zoning requested: f32 Acreage: 3_9 Fire Marshal's Signature & Dat (V I a, l Notice to Fire Marshal - Please Return This Form to the Applicant 22 • 0 Candice Perkins From: Rod Williams <rwillia@fcva.us> Sent: Monday, November 6, 2017 2:06 PM To: Tim Stowe Cc: Candice Perkins; Gary Oates Subject: RE: Omps NE Rezoning - responses to review comments Tim — I've reviewed the revised proffer statement and this confirms that County Attorney comments have been addressed. e From: Tim Stowe [mailto:timstowe@stowecompanies.comj Sent: Friday, October 27, 2017 3:41 PM To: Rod Williams <rwillia@fcva.us> Cc: Candice Perkins <cperkins@fcva.us>; Gary Oates <Greywolfeinc@aol.com> Subject: RE: Omps NE Rezoning - responses to review comments The revisions suggested below have been incorporated into the proffers. Tim Stowe Stowe Engineering 540.G8G.7373 v 1540.336.0656 m 1540.301.1100 f From: Rod Williams [mailto:rwillia@fcva.usj Sent: Thursday, September 28, 2017 12:03 PM To: Tim Stowe <timstowe@stowecompanies.com> Cc: Candice Perkins <cperkins@fcva.us>; Gary Oates <Greywolfeinc@aol.com_> Subject: RE: Omps NE Rezoning - responses to review comments Tim, I am in receipt of the revised proffer statement dated September 19, 2017, and have the following cornments: Thank you for the inclusion of the rezoning plat. For absolute clarity, it would be best if the pertinent part of the introductory paragraph of the proffer statement read: "... that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application _ 17 for the rezoning of 3.395 acres from the RA District to the B2 District and 0.488 acres from the M1 District to the B2 District, said areas being shown on the attached rezoning plat, development of the subject properties shall be done in conformity with ..." Also, with respect to the rezoning plat itself, its title needs to be revised, as it references some lots that are not part of the rezoning and North Stephenson, Inc., which does not own lots that are part of the rezoning. Thus, something like: "Final Plat of a Proposed Rezoning of the i 0 Lands of K & J Investments, LC Parcels 43-(A)-147 (portion), 43-(A)-148, 43-(A)-149, and 43- (A)-151 C (portion) Stonewall Magisterial District, Frederick County, Virginia. Proffers la, 1 b, and 1 d — Perhaps the best way to address clearly reflecting the limit on entrances in Proffers I and 1d would be with phrasing such as "The owners hereby proffer to construct not more than one ... ". I do see that there is not necessarily a need to state a completion time, as the entrances will serve only the subject property itself. For Proffer 1 b, it might be appropriate instead to add a sentence that the owners will not construct any other entrances on Route 11. From: Tim Stowe[mailto:timstowe@stowecompanies.com] Sent: Thursday, September 21, 2017 3:21 PM To: Rod Williams <rwillia fcva.us> Cc: Candice Perkins <cperkins@fcva.us>; Gary Oates <Greywolfeinc@aol.com> Subject: Omps NE Rezoning - responses to review comments '•• Please see attachments Tim Stowe Stowe Engineering v 540.686.7373 1 c 540.336.0656 1 f 540.301.1100 • LORD FAIFAX HEALTH DISTRICT June 26, 2017 Lord Fairfax Health District Frederick / Whichester Environmental Health 107 North Kent Street - Suite It 201 Winchester. Virginia 22601 Tel. (540) 722-3480 -- Fax (540) 722-3479 1yww.ydh.ylrginla.goy Agency Comments: V-1 VIRGINIA DEPARTMENT -D HOF HEALTH Protecting You and Your Environment This Health Department has reviewed the request for comments for the Re -Zoning of property belonging to K & J Investments LC from RA (2.459 acres): RP 0.936 acres): & M1 (0.499 acres)- to B-2 (3.9 acres: designated as Tax Iylap#: 43-A-147, 43-A-148, 43- A-149 & 43-A-151C This Health Department has no objections to the re -zoning of the above -listed property. Based upon information provided by the applicant, the future use of the property will include a proposed convenience store and a proposed fast food restaurant which will be served by public water and sewer. The applicant describes the property as an open field xvith one single family home. hi the event that mistructloll or development of the property may impact any existinri private water supply (well). or sewage disposal system the applicant is requested to consult with this I-Iealth Department for proper abandonment practices in regards to septic components (septic tanks, )um Page 1 is Pate 2 tanks or existine wells. AUplication for a well abandonment permit must be made through this Health Department prior to any construction that may impact an existing private water system (Nve11). Agency Signature: �A Date: Title: E\\ z tom. , v C l2�-1�7 (NOTICE TO AGENCY —PLEASE RE -TURN THIS FOI?,AI TO THE APPLICAN"I') 0 Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road 491 Winchester, Virginia 22602 (540)662-2422 W Hand deliver to: Winchester Regional Airport Attn: Executive Director Airport Road (Rt. 645, off or Rt. 522 South) inellester, Virginia Applicant: Please fill OLIt the infOl-Illation as aCCUratcly as possible In order to assist tile Winchester Regional Airport with their review. Attach a copy ol'your application form, location map, proffer statement, impact analysis, and any otlier pertinent information. Applicant's Name: Stowe Engineering, PLC Mailing Address: 103 Heath Court Winchester, VA 22602 email: timstowegslowecompanies.com 'felepl1011e: 540.336.0656 Location Of property: north east corner at intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard Current zoning: Ml, RP, RA "Zoning requested: B2 Acreage: 3.9 Winchester Regional Airport's Comments: Rezoning is compatible with airport operations Winchester Regional Airport's Serena Manuel Signature & Date: Serena Manuel 2017.07.28 09:54:06 -04'00' Notice to Winchester Regional Airport - Please Return Form to Applicant 30 E Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Frederick County Department of Parks & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 hand deliver to: Frederick County Department of Parks & Recreation County Administration Bldg., 2nd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicants Name: Stowe Engineering, PLC Mailing Address: 103 Heath Court Telephone: 540.667.4919 Winchester, VA 22602 email: timstowe@slowecompanies.com Location of property: north east corner at Intersection of Martinsburg Pike (Route 11) and Snowden Bridge Boulevard Current zoning: M1, RP, RA Zoning requested: B2 Acreage: 3_9 Department of Parks & Recreation Comments: j n (� / q I'll -0"i . f —20 /4—A d l l� aL�o f_.UN W\- Pks. & Rec. Signature & Date.0 Notice to Department of Parks & Recreation - Please Return This Form to the Applicant 23 • HISTORIC RESOURCE ADVISORY BOARD REVIEW APPLICATION �CF� OG i x � z�� r }t an Frederick County 107 North Kent Street, Suite 202 MEETING DATE Winchester, Virginia 22601 Telephone: (540) 665-5651 Fax: (540) 665-6395 DATE STAMP ADDRESS OF PROJECT: northeast comer at intersection of Martinsburg Pike (Route 11) PROPERTY OWNERS NAME: K & J Investments, LC TELEPHONE NUMBER: 540.667.4919 PROPERTY OWNERS ADDRESS: 1800 Martinsburg, Pike, Winchester, VA 22603 ARCHITECT/DEISGNER: Stowe Engineering, PLC TELEPHONE NUMBER:540.686.7373 Description of Application: Please describe briefly the request of the application: (rezoning, master development plan, conditional use permit). Please be specific. Rezoning of 3.9 acres in the north east comer of Martinsburg Pike and Snowden bridge Boulevard This application is not complete until all of the following information has been provided to the Department of Planning and Development. Please check the materials that have been submitted. Iy I Copy of required application as described in 1.1 (1.1.1-1.1.4) I I Description of proposed development or construction project, including proposed uses and general timeff-ame for development (1.2) Status of any identified historic or archaeological resources on the site or adjacent to the site (e.g., located in any identified historic area, survey area, or battlefield site or individually listed on a local, state or national historic register, relevant information on record with the Virginia Department of Historic Resources) and presence of other historic structures or significant landscape features or archaeological sites; (1.3) VPhotographs (color) of all historic resources on the property (1.4) PROPERTY IDENTIFICATION NUMBER (PIN): 050009792, 130013563, 160005375 Name of Applicant: Stowe Engineering, PLC Telephone Number 0.686 7373 Address: Street 103 Heath Court City Winchester State VA Zip Code Tim Stowe Signature: Print Name: Tim Stowe Date: 6-8-17 Please note that the applicant or his/leer appointed representative must be present at the meeting. 38 0 COMMONWEALTH of VIRGINIA Department of Historic Resources Molly Joseph Ward 2801 Kensington Avenue Richtnond, Virginia 23221 Secretary oJAiatural Resources ' MEMORANDUM DATE: 30 January 2015 DHR File # TO: Ms Ellen Brady Stantec FROM: arc E. Holma, Architectural Historian (804) 482-6090 ffice of Review and Compliance PROJECT: Snowden Bridge Blvd. Frederick County Julie V. Langan Director Tel: (804) 367.2323 Fax: (804) 367-2391 www.dhr.virginia.gov 2014-3525 X This project will have an effect on historic resources. Based on the information provided, the effect will not be adverse. This project will have an adverse effect on historic properties. Further consultation with DHR is needed under Section 106 of the NHPA. Additional information is needed before we will be able to determine the effect of the project on historic resources. Please see attached sheet. No further identification efforts are warranted. No historic properties will be affected by the project. Should unidentified historic properties be discovered during implementation of the project, please notify DHR. We have previously reviewed this project. Attached is a copy of our correspondence. Other (Please see comments below) COMMENTS: Rutherford's Farm and Winchester 11 battlefields NRHP eligible but location within APE, retains little integrity dup to modern intrusions. Administrative Services 10 Courthouse Ave. capual Region Office Tidewater Region Office 2801 Kensington Avenue Western !Legion Office Northern Region Ufiice Petersburg, VA 23803 14415 Old Courthouse Way Richmond, VA 23221 2' Floor 962 Vim. Lone 5357 Inam Street Salem. VA 24153 Tel- (804) 862-6408 Fax. (804) 862-6196 Tel: (804) 367-2323 Newport 'News, VA 23608 Fax: (804) 367.2391 1 cl: (757) 886-2818 PO Box 519 TO, (540) 387-5443 Stephens City, VA 22055 Fax: (540) 387-5446 Tel: (540) 868-7029 Fax: (757) 886-2808 Fax: (540) 868-7033 An Archaeological Survey of Approximately 0.8 Miles Associated with Proposed Improvements to Snowden Bridge Boulevard, Frederick County, Virginia VDHR File No: 2014-3525 (3 Stantec Prepared for: Stowe Engineering, PLC Attn: Tim Stowe 220 Serviceberry Court Stephens City, Virginia 22655 Prepared by: Brynn Stewart, Principal Investigator and Ellen Brady, Senior Principal Investigator Stantec Consulting Services Inc. 1049 Technology Park Drive Glen Allen, VA 23059 (804) 355-7200 January 30, 2015 • Executive Summary From October 8 to 17, 2014, Stantec Consulting Services Inc. (Stantec) conducted an archaeological survey of approximately o.8 miles associated with proposed improvements to Snowden Bridge Boulevard in Frederick County, Virginia. The area of potential effect (APE) for the proposed project included approximately 19.4 acres of new construction within a variable width right-of-way (ROW). The proposed survey area included several proposed storm water management basins as well as areas that appeared to be planned for ground disturbing activities. The survey corridor extended through the National Register of Historic Places (NRHP)-eligible Second Winchester Battlefield (VDHR #034-5023), the NRHP-eligible Third Winchester Battlefield (Opequon) (VDHR #034-0456), and the NRHP-unevaluated Battle of Rutherford's Farm (VDHR #034-0727).Tlie work was conducted at the request of Stowe Engineering, PLC. Archaeological survey was designed to locate and identify cultural resources within the defined survey corridor and to obtain sufficient information to make recommendations regarding their potential eligibility for listing in the NRHP. During the survey, Stantec conducted pedestrian survey concurrently with systematic subsurface testing. A total of 317 shovel tests was excavated at 50-foot intervals along i1 transects (Transects A—K) spaced 50 feet apart; six shovel tests were positive for cultural material. A total of 84 shovel tests were not excavated due primarily to the presence of drainages and construction disturbances. Twenty-three radial shovel tests were excavated at 25-foot intervals around positive shovel tests to determine the bounds of newly identified cultural resources. Two radial shovel tests were positive for additional cultural material and two new isolated archaeological finds and three new archaeological sites were recorded during this effort. In addition to shovel testing, a metal detector survey was conducted throughout the entire survey corridor. The metal detector survey was conducted at 50-foot intervals utilizing the existing shovel test transects. A total of 16 metal detector hits were recorded and excavated as shovel tests. The metal detector survey resulted in the identification of three new isolated archaeological finds and one new archaeological site. Although two of the four new archaeological sites contain Civil War components, these components could not be attributed to a specific battlefield. The survey corridor runs through the core and study areas for the Battle of Rutherford's Farm (VDHR #034-5087) and also extends through the larger study areas for two additional battlefields. According to the site forms on file at VDHR, the Battle of Rutherford's Farm has not been evaluated for potential NRHP eligibility. However, the battlefield was noted as having been altered and fragmented (V-CRIS form; accessed 2014). This survey has further indicated the extent of alteration within the Rutherford's Farm battlefield. Therefore, the proposed project will have no adverse effect on the Battle of Rutherford Farm (VDHR #034-5087). It is further recommended that the proposed project will have no adverse effect on The Second Winchester Battlefield (VDHR #034-5023) or the Third Winchester Battlefield (Opequon) (VDHR#o34-0456) as the portions of these resources through which the survey corridor extends are not core areas of military action and have been heavily relic hunted in the past, thereby significantly reducing their research potential. The metal detector survey conducted within the project area resulted in the identification of one isolated fired minie ball (0039o-IF2), one isolated fired lead shot fragment and one nineteenth century -type horseshoe fragment (0039o-IF3), and two sites featuring Civil War components (Sites 44FK0779 and 44FK0782). While the proposed project is located within what has been identified as the Core Area of the Rutherford's Farm Battlefield, the Study Area of the Second Winchester and Third Winchester Battlefields, and the ABPP-defined PotNR for all three battlefields, the Civil War material recovered within the survey corridor cannot be definitively attributed to any of these resources. A review of the battlefield context and maps of each of the three battles revealed that the current survey corridor was primarily agricultural field during the Civil War era and does not appear to have witnessed significant military activity during any of the three battles. Activity in the vicinity of the survey corridor would have In • been limited to troops moving across the landscape, primarily along the Martinsburg and Winchester Turnpike (Route 11) and possible temporary camp occupation in the vicinity. In addition, the survey corridor vicinity has been heavily relic hunted in the twentieth century which has limited the research potential of the remaining material that was recovered from shallow contexts with no evidence of associated features. In the absence of significant cultural material or landscape features associated with the battles no further work for these resources is recommended within the APE for this project. Recommendations for Cultural Resources Within the Survey Corridor Resource Resource Type Association Stantec Recommendation o0 o-IF1 1 Aqua Bottle Glass Fragment Historic Unknown Not Eligible; No Further work 003 o-IF2 1 Fired Three -Ring Minie Ball 3rd Quarter 19th c. Not Eligible; No Further Work 0039o-IF3 1 Fired Cast Led Shot & 1 Horseshoe Fragment 191, c./3rd Quarter 19th e. Not Eligible; No Further Work oo3go-IF4 1 Iron Wrou ht Nail 1 u, C. Not Eligible; No Further Work oo3go-IF5 1 Flake Prehistoric Unknown Not Eli ible No Further Work FKo 44 779 Canip; Domestic Site 3rd Quarter 19th c.; 1901 C. Not Eligible; No further Work FKo 8o Domestic Site Mid 1961 to Earl 20t" C. Not Eligible; No Further Work FKo 81 Domestic Site Late 19th C. Not Eligible; No Further Work 44FKo782 Camp 3rd Quarter 19th c. Not Individually Eligible; No Further Work Vi 4.0 RESEARCH DESIGN 4.1 OBJECTIVES The Phase I cultural resources survey was designed to locate and identify all archaeological resources within the project area. Stantec designed the survey to obtain sufficient information to make recommendations about the research potential of identified cultural resources based on the resource's potential eligibility for listing on the NRHP. A cultural resource is gauged to be significant if it meets at least one of four National Register criteria: A. Associated with significant events in the broad patterns of national history. B. Associated with the lives of persons significant in our past. C. Representative of a type, period, or method of construction, or the work of a master. D. Capable of yielding important information about the past. Criterion D typically applies to archaeological sites. In order to be capable of yielding important information about the past, generally a site must possess artifacts, soil strata, structural remains, or other cultural features that make it possible to test historical hypotheses, corroborate and amplify currently available information, or reconstruct the sequence of the local archaeological record. 4.2 ARCHIVAL RESEARCH The background research for the Phase I cultural resources survey included an on -site review of the VDHR archives and of data collected from the VDHR Virginia Cultural Resources Information System (V- CRIS). The VDHR files of archaeological sites and historic structures were examined and information was retrieved on all sites or structures located within a i-mile radius of the survey corridor. Background research also focused on relevant sources of local historical information and available historical maps, which were examined to provide an historical context for the study area and to check for any buildings and other cultural features present within the project area. 4.3 PREVIOUS INVESTIGATIONS 4.3.1 Archaeological Sites No previously identified archaeological sites are located within the survey corridor though Site 44FK0454, an early nineteenth century farmstead, is immediately adjacent to the northern edge of the survey corridor. Forty-three previously identified archaeological sites are located within a 1-mile radius of the survey corridor (Table 2; Figure 13). Of those 43 sites, three are prehistoric, 39 are historic, and one is multi -component. In 1978, Mike Kehoe recorded a Civil War -era military camp (44FKo672). In i98o, Robert Jolley recorded as second Civil War -era military camp (44FKo649) which was re -investigated in 2007. The site forms for these resources were completed in 2010 and 2007, respectively. Neither site has been formally evaluated for potential NRHP eligibility. 4.29 J i Table 2 Previously Identified Archaeological Resources v zthili a i-Mile Radius of the Survey Corridor VDHR ID Resource'Iype Association Reference NRHP Reconmiendation 44FKo34o Single Dwelling ist uarter 20th C. JMU 1991 Not Evaluated 44FKo353 Farmstead 18th C. to ist Half 1 th c. JMU 1991 Not Evaluated 44FK0354 Farmstead 18th C. to ist Half 1911, c. JMU 1991 Not Evaluated FK0355 Farmstead ist Half 1911, c. JMU 1991 Not Evaluated 44FKo356 Storage Facility rd Quarter 1911, c. JMU 1991. Not Evaluated 44FKo357 Other rd Quarter 190, c. JMU 1991 Not Evaluated 44FKo387 Cemeter • Farmstead ist Half 1911, c. JMU 1992 Not Evaluated FKo 88 Boundary Marker Historic Unknown JMU 1992 Not Evaluated 44FKo389 Farmstead 2"d Half 18th c. JMU 1992 Not Evaluated 44FK0411 Farmstead is' Half 19th C. ATC 2004; JMU 1992 Potentially Eligible VDIIR 2oo6) 44FK0442 Barn; Farmstead 151 Half 19'h c. ATC 2004; JMU 1992 Eligible (VDI-IR 2007); Potentially Eligible (VDHR 2oo6) FKo 53 Farmstead ist Half 1 th c. JMU 1992 Not Evaluated 44FKo454 Farmstead ist Half 19th c. JMU 1 92 Not Evaluated 44FKo4,55 Mill 2"d Quarter loth C. JMU 1992 Not Evaluated 44FKo456 Barn 1 th C. to loth C. JMU 1 2 Not Evaluated 44F,Ko457 Farmstead ist Half 1 th c. JMU 1902 Not Evaluated 4FKo 58 Camp Prehistoric Unknown JMU 1992 Not Evaluated 44FKo459 Canip Prehistoric Unknown JMU 1992 Not Evaluated FKo 6o Garage ist Half loth c. JMU 1992 Not Evaluated FKo 61 44 4 Farmstead; Military Cam Prehistoric Unknown; 19th C. Jolley 2005; JMU 1992 Not Evaluated FKo 62 Church ist Half 1 th c. JMU 1992 Not Evaluated 44FKo463 Indeterminate Historic Unknown JMU 1992 Not Evaluated 44FKo464 Quarry 1801 c. and 19th C. JMU 1992 Not Evaluated FK0465 Quarry 1811' c. and 19th c. JMU 1992 Not Evaluated FKo 66 Quarry 1811' c. and 19th C. JMU 1992 Not Evaluated 44FKo467 Quarry 1901 C. JMU 1992 Not Evaluated 4FKo 68 Farmstead "' Quarter 18th c. JMU 1992 Not Evaluated 44FKo47o Single Dwelling Historic Unknown JMU 1992 Not Eligible (VDHR 1 ) 44FKo477 Trash Scatter 211d Half 1 th c. & loth C. JMU 1992 Not Eli ible (VDHR 2002) 44FKo478 Railroad 1901 C. JMU 1992 Not Eligible (VDHR 2002) 44FK0584 Trash Scatter 190, c. and ist Quarter 20 C. WMCAR 2002 Not Eligible (VDHR 2002) FKo 8 Trash Scatter 1 th C. WMCAR 2002 Not Eligible (VDHR 2002 44FKo615 Farmstead ist tHalf 19th c. & ist Half 20 C. Huston 2004; ATC 200 Not Eligible (VDHR 2007) 44FKo6l7 Lithic Scatter Prehistoric Unknown ATC 200 Not Eligible (VDHR 20o6 FKo620 Farmstead 2nd Half 190, c. ASV 200 Not Evaluated 44FKo621 Military Camp; Battlefield 3 d Quarter 19th c. Jolley 2005 Not Evaluated Ko62 44 I ' 4 Military Camp; Battlefield 3'r Quarter 1911' c. Jolley 2005 Not Evaluated FKo6 6 Battlefield 3ra uarter 19th c. ATC 200 Not Evaluated 44FKo649 Military Camp 3"r Quarter 190h c. ATC 2007; Jolley 1 80 Not Evaluated FKo6 2 Military Camp 3rd Quarter 1911, c. Kehoe i2Z8 Not Evaluated 44FKo749 Camp Civil War ASV 200 Not Evaluated 44FK0750 Lithic Scatter Late Archaic to Early Woodland ASV 2007 Not Evaluated I Ko 44 ' 755 Lithic Scatter Late Archaic to Early Woodland ASV 2007 Not Evaluated 4.30 i •� 44FK0468 44FK0464 44FK0466 44FK0460 44FK0467 44FK0465 44FK0470 44FK0463 `�° - x �.` 44FK0646 s 44FK0672 '_ 44FK0454 .A e • t, rt r.n - i 44FK0478 , � 44FK0462 - 44FK0477 ti-...... 44FK0461 ,� . 44FK0584 -- 44FK0621 . 44FK0617 - 44FK0442 � � 44FK0456 � ` � •�� , , 44FK0649 1 r 44FK0455 o" �, e 44FK0459 ee 44FK0411 1�Q 44FK0458 44FK0453 r� 44FK0585 44FK0620 i 44FK0457 44FK0388 ! 44FK0389 44FK0750 44FK0340 -I If ! 44FK0755 xf•, 44FK0615 � 44FK0357 44FK0356 44FK0387 44FK0353 44FK0355 44FK0749 44FK0354 i� Copyright'© 2013 National Geographic Society, I -cubed - - -- — Legend 0 '.500 3.0M feel QSurvey Corridor a000ld^^o� +• e•o es. 1 mi. buffer Q Archaeological Resources Sta ntee nq.ct Iocoo.• Awned Dv $W S m 201 L 10-31 not own w....r ...:a T:dl ••.Yr. Gv•A On 2DtA.10-31 h0•Dr.GYr -• by 1.1 w M 1L 10-31 CSMin, Stowe f,qi-eedng. PLC 13 Gc0.0.V• SvtM tint) 1•(p ftd•rtOu �o rK,nr. t1S V01 h•' 1 b• Mm VfGt >! 1+•Me Chtolvty 5•n•t . �. �.��M1.-. Prevbusly Idenfllled Archaeologlcal SMes �...M.�.•.� within a 1-MII. Radius of the Survey Corridor In 1991, James Madison University (JMU) recorded six archaeological sites within a i-mile radius of the survey corridor. These included an early twentieth century single dwelling (44FK0340), three farmsteads ranging in date from the eighteenth century to the early nineteenth century (44FK0353, 44FK0354, and 44FK0355), one late nineteenth century storage facility (44FK0356), and one late nineteenth century site of indeterminate type (44FK0357). None of these resources has been formally evaluated In 1992, JMU identified 24 sites in the survey corridor vicinity including seven farmsteads from the late eighteenth century to the early nineteenth century (44FK0389, 44FK0411, 44FK0442, 44FK0453, 44FK0454, 44FK0457, and 44FK0468), four eighteenth- to nineteenth-century quarries (44FKo464-0467), one boundary marker of indeterminate temporal affiliation (44FK0388), one early twentieth century mill (44FK0455), one nineteenth- to twentieth-century barn (44FK0456), two prehistoric camps of indeterminate temporal affiliation (44FK0458 and 44FK0459), one early nineteenth century church (44FK0462), one late nineteenth- to twentieth century trash scatter (44FK0477), one nineteenth century railroad (44FK0478), and one nineteenth century farmstead and military camp with a prehistoric component of indeterminate temporal affiliation (44FK0461). Site 44FK0411 has been determined to be potentially eligible for NRHP inclusion while Site 44FK0442 has been determined to be eligible. Sites 44FK0470, 44FK0477, and 44FK0478 are not eligible for NRHP inclusion. The remaining 4o resources have not been evaluated for potential NRHP eligibility. In 2002, the William and Mary Center for Archaeological Research (WMCAR) recorded two sites within a r-mile radius of the survey corridor. Both sites were trash scatters with one (44FKo584) dating from the early nineteenth century to the early twentieth century and one (44FK0585) dating to the nineteenth century. Both sites were determined to be not eligible for NRHP inclusion that same year. Between 2004 and 2005, Archaeological Testing and Consulting, Inc. (ATC) and Archaeological Society of Virginia (ASV) recorded five sites in the survey corridor vicinity. These included one prehistoric lithic scatter of indeterminate temporal affiliation (44FKo617), one early nineteenth- to early twentieth-century farmstead (44FKo615), one late nineteenth century farmstead (44FKo62o), and two military camps/battlefields dating to the Civil War era (44FKo62i and 44FKo624). Sites 44FKo615 and 44FKo617 were determined to be not eligible for listing to the NRHP. The remaining resources have not been formally evaluated. In 2007, four sites were recorded by ATC and ASV. These included a Civil War battlefield (44FKo646), a Civil War camp (44FK0749), and two lithic scatters dating from the Late Archaic period to the Early Woodland period (44FK075o and 44FK0755)• None of these resources has been formally evaluated by the VDHR for potential NRHP eligibility. 4.3.2 Architectural Resources Five previously identified architectural resources are located within the survey corridor, including three battlefields and one former farm house. Thirty-eight previously recorded architectural resources are located within a i-mile radius of the survey corridor (Figures 14 and 15; Table 3). 4.32 • 034-0403 034-0703 = -' 034-1453 = °. 034-0404 `~ " 034-0946 034-0950 �• _ 034-5035 034-1536 ---- 034-0022 034-1535 °"" : %" `' 034-1 124 034-0402 .;.. 034-1534 T' ' / 034-01 12 034-1533 " 034-0951 ti 034-0727 / `} 034-1455 034-1067 ` • _ 034-0954 034-0953 034-1 138 N i 034-0729 034-1125 f, •- �'- 034-0728 034-1 126 Ow 034-1127 034-1139 034-0135 034-1 143 •' 034-1 140 I 034-1 141 034 1 128 _ % 034-1 142 034-0134 I VI /1 - 034-0456-0001 • tZ 1' EO 3:47137 Copyright !' 2013 National Geographic Society, i-cubed --Il �- Legend Q Survey Corridor 1 mi. buffer Q Architectural Resources ws'b•snti.^wpt�vdWrN,�.o w.+•ws UO, ..., w•us �cs rs M.v,•oVorv.y. s,�n 0 Stantec w•oo•o ov ms -• urxrwq.a Stowe Engineering. PLC .;p,. 14 Previously Identified ArchBecturai Resources wRhin a 1 -Mlle Radius of the Survey Corridor A tWW. 5"— w.D1"3 HO.r,m. Wp.e rto.rn Wt a50'Y..� Legend QSurvey Comdor ORutherford's Form Core Areas ® Rutherford's Farm Potential NR Areas Rutherford's Form Study Areas QWinchester II Core Areas Winchester II Potential NR Areas Winchester Study Areas Opecluon Core Areas m Opequon Potential NR Areas Opequon Study Areas 4 000 Feet Mn, r.. ores.n� 0� Stantec Rpo.O by SW S M Xl1 S0� 1A �twt tw.. wa.r. r�o+,a, ram. rf ..vr.w Dy • /l on A l 501 p. ro.pvW+...�... DYFW on aD i}p�.ps Stowe Engineering. PLC 15 ABPP BaffleWd Mapping 4 Table 3 Previously Identified Architectural Resources within a 1-Mile Radius of the Survey Corridor VDHR ID Resource Type Association Reference NRHP Recommendation Jackson Place/Scott Grand c' 1$37 No Reference Destroyed °34-°022 Home Pleasant Level Provided 034-0112 Carter -Hardesty House c. 1840 Hesse 2012; Kalbian 1990; Destroyed; Not Eligible (Stottlemeyer House, Rt. 662) Quill" 1 VDHR 2012 & 1 2) 034-0134 Hackwood/I-Iackwood Park c. 1800 Kalbian 1990; niIln 1 Eligible VDHR 2002 & 1993) Kalbian 1991; Potentially Eligible 034-0135 Sempeles House c. 1820 uinn 1 VDHR 2002) o -o 02 Cottage, Rt. 837 C. 1925 Hudlow iggi Not Eligible (VDHR 1 2) 03 -0 0, Shirley House Rt. 837 C. 1900 I-Iudlow 1991 Not Evaluated 034-0404 Riley -Adams -Whitlock House 1938 Kalbian 1992; Hudlow iggi Not Evaluated 034-0456 Third Battle of Winchester 1864 Dovetail 2014; Eligible (VDHR 1990) O > le uon Battlefield Kalbian 19go Bellvue/Fort Helm/Helm Not Eligible (VDHR 1992); 034-0703 House/Helm-McCann c. 1730 Kalbian 1989 Destroyed (1958) Property 034 0720 Stephensou's Depot Battlefield Site 1863 Kalbian 1989 Eligible (VDHR 1992) 034-0727 Battle of Rutherford's Farm 1864 Kalbian 1990 Destroyed; Not Eligible VDIIR 1 2) 034-07z8 Tenant House & Bank Barn, c. 188o c. 20o6; Destroyed; Milburn Rd. (Rt. 662) Kalbian 1990 Not Eligible (VDHR 1 92) 034 0729 Thomas McCann House (Milburn) c 1842 Gray & Pape 1997; Kalbian 1990 Not Eligible (VDI-IR 2005) 03 -0 6 AI ShirleyHouse c. 1840 Kalbian 1990 Not Evaluated Milburn Methodist 034-0950 Chapel/Milburn Chapel and 1788 Kalbian 19go Not Eligible (VDHR 1992) Cemetel DeHaveu's 034-0951 Landscaping/Rutherford- c. 188o Kalbian 19go Not Eligible (VDHR 1992) Weber House 0, -0952 Herschel Om s House c. 1930 0 Kalbian 1990 Not Eligible (VDHR 1 2) 0 o 34- 953 Clevenger House/Beirer- c. 188o Kalbian 1990 Not Eligible (VDHR 1992) Robinson House 034-0954 House off Rt. i1N c. 1915 Kalbian 19go Not Eligible (VDHR 1 2) 034-1067 Seven Oaks c. 1805 Kalbian 1991 Potentially Eligible (VDHR 2002) 034-1124 Byers House C. 1850 Gray & Pape 1997; Kalbian 1992 Destroyed; Not Eligible VDIIR 1 ) George H. Stotlemeyer 034-1125 House/Stotlemeyer-McCann c. 188o Kalbian 1992 Not Eligible (VDHR 1992) House #1 George H. Stotlemeyer Hesse 2012: Destroyed; 034-1126 House/Stotlemeyer-McCann c. 1840 Kalbian 1992 Not Eligible House #2 VDHR 2012 & 1 2) 034 1127 House, 46o Redbud Rd. ( Rt. C. 1910 Hesse 2012; Not Eligible (VDHR 2012) 661) Kalbian 1992 0 1128 34- House, 476 Redbud Rd. (Rt. c. 188o Hesse 2012; Not Eligible (VDI-IR 2012) 661) Kalbian 1992 034 1137 McBride House, 506 Redbud c. 18go Hesse 2012; Not Eligible (VDHR 2012) Rd. (Rt. 661) Kalbian 1992 034 1138 Red Star Farm, 541 Redbud c 1$75 IIesse 2012; Not Eligible (VDHR 2012) Rd. Kalbian 1992 o -11 Kemp -Gruber -Jobe House c. 1810 Kalbian 1992 Not Eligible (VDHR 1 2) 4.35 • • o -11 o Culp House C. 1890 Kalbian 1992 Not Evaluated 03 -1141 Charles I -I. Miller house c. 18 o Kalbian 1992 Not Evaluated 034 1142 B.R. Jones House/Miller- Herring House C. 1900 Kalbian 1992 Not Evaluated 0 11 34- 43 Henry Huntsberry House Ernest L. Lam House c. 188o Kalbiau 1992 �� Not Eligible ( BVDH��R 1 2) 0 1 34- 453 Miller -Randolph Place Buckle Outbuildin s c. 1870 7 Kalbian 1992 �� Eligible (H Not Eli VDR 1992) 034-1455 House, Welltown Pike C. 1910 Kalbian 1992 Not Eligible (VDHR 1 2) 034-1533 DeI-Iaven House C. 1920 Kalbian 1992 Not Eligible VDHR 1 2) 034-15,34 Polhamus House C. 1927 Kalbian 1992 Not Eligible (VDHR 1 2) 034-1 , Joseph Jolliffe House C. 1926 Kalbian 1992 Not Eligible VDHR 1 2) 03 -15 6 John. W. Jolliffe House 192,5 Kalblall 1992 Not Eligible (VDHR 1 2) 034-5023 Second Winchester Battlefield (Apple Pie Ride West Ford Parcel)Unknown 1863 Dovetail 2014; 2000 Eligible (VDHR1999 & 1998) 0 o 34-5 35 Milburn Rural Historic District c. 1 735 Gray & Pape 1 Y I 997 Potentially Eligible VDHR 1 ) 034-5087 Battle of Rutherford's Farm 1864 NPS 200 & 1993 Not Evaluated 138-5005 First Winchester Battlefield Winchester I Bowels Hill) 1862 CCR 20o6 NPS 1991 Not Eligible (VDHR 2007) *Highlighted Resources are Located within the Survey Corridor Architectural resources in the vicinity of the survey corridor include 32 houses ranging in date from circa 1805 to circa 1927 (VDHR 4034-0022, #034-0112, #034-0135, #034-0402, #034-0403, #034-0404, #034-0.703, #034-0728, #034-0729, #034-0946, #034-0951 through 0954, #034-1o67, #034-1124, #034-1124 through 1128, #034-1137, #034-1139 through 1143, #034-1455, and #034-1533 through 1536), the circa 1800 Hackwood Park (VDHR #034-0134), the 1728 Milburn Methodist Chapel and Cemetery (VDHR #034-0950), the circa 1870 Miller -Randolph Place (VDHR #034-1453), the circa 1875 Red Star Farm (VDHR #034-1138), the 1864 Third Battle of Winchester (VDHR #034-0456), the 1863 Stephenson's Depot Battlefield (VDHR #034-0720), the 1863 Second Winchester Battlefield (VDHR #034-5023), the 1864 Battle of Rutherford's Farm (VDHR #034-5o87), the 1862 First Winchester Battlefield (VDHR #138-5005), and the circa 1735 Milburn Rural Historic District (VDHR #034-5035)• Five of these resources are located within the survey corridor, including the circa 193o Herschel Omps House (VDHR #034-0952), the 1864 Rutherford's Farm (VDHR #034-0727), the 1864 Battle of Rutherford's Farm (VDHR #034-0727), the Second Winchester Battlefield (VDHR #034-5023), and the 1864 Third Battle of Winchester (VDHR #034-0456)• Of the 42 total architectural resources, seven have been destroyed. These include the circa 1837 Jackson Place (VDHR #034-0022), the circa 1840 Carter -Hardesty House (VDHR #034-0112), the circa 1730 Bellvue (VDHR #034-0703), the 1864 Battle of Rutherford's Farm (VDHR #034-0727), the circa 188o Tenant House and Bank Barn (VDHR #034-0728), the circa 185o Byers House (VDHR #034-1124), and the circa 184o George H. Stotlemeyer House (VDHR #034-1126). All seven destroyed resources have been determined to be not eligible for NRHP inclusion. In addition to the destroyed resources, 20 resources have been determined to be not eligible for listing to the NRHP (VDHR #034-0402, #034-0729, #034-0950 through 0954, #034-1125, #034-1127, #034-1128, #034-1137 through 1139, #034-1143, #034-1453, #034-1455, #034-1533 through 1536, and #138-5o05). The circa 1820 Setnpeles House (VDHR #034-0135), the circa 1805 Seven Oaks (VDHR #034-1o67), and the circa 1735 Milburn Rural Historic District (VDHR #034-5035) have all been determined to be 4.36 June 19, 2017 Candice Perkins, AICP Frederick County Planning and Development 107 North Kent Street Winchester, VA 22601 RE: Omps North East Rezoning information for the Historic Resources Advisory Board Mrs. Perkins: Enclosed is information being submitted for the Historic Resources Advisory board review of the referenced rezoning request. For information purposes, I have provided a copy of pertinent sections of the Phase I Cultural Resource Survey that was completed for Snowden Bridge Blvd. project. The report shows there were no standing structures in the survey area that require further study. The report also shows that even though there are overlapping Civil War battlefields, no further work for these resources is recommended due to years of relic hunting and the lack of battle near the project (primarily troop movements). I have also enclosed a copy of the Memorandum dated January 30, 2015 from Marc Holma at the Virginia Dept. of Historic Resources. Mr. Holma reviewed the cultural resource survey, as did the US National Park Service American Battlefields Protection Program staff. Mr. Holma concluded that "This project [Snowden Bridge Boulevard] will have an effect on historic resources. Based on the information provided, the effect will not be adverse." Since the property subject to this rezoning request is within the study area of the aforementioned cultural resource survey and Mr. Holma's review, his assessment is also applicable to this rezoning. Should you have any questions, please do not hesitate to contact me. Sincerely Timothy S. Stowe, PE, LS President Enclosures -- , 103 Heath Court o Winchester, Virginia 22602 0 (540) 686.7373 o fax: (540) 301.1100 ,t 0 Imapact Analysis Statement Om ps NE Rezoning Stonewall Magisterial District Parcel ID 43-(A)-147, 148, 149, and 151 Total Area: 3.9 acres May 30, 2017 Owner: K&J Investments, LC Winchester, VA 22603 Prepared by Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 IMPACT ANALYSIS STATEMENT K&J Investments, LC Introduction K&J Investments, LC is requesting a rezoning of 3.9 acres in Frederick County. The property is owned by K&J Investments and is located east of Martinsburg Pike, and north of Snowden Bridge Boulevard and is currently an open field with one single family home. The applicant is seeking a change in zoning from RA, RP, and M-1 to B-2. The Frederick County Comprehensive Plan's 2035 Long Range Land Use map shows this property is planned for business use and the requested B-2 zoning is consistent with this planned use. A convenience store that sells fuel, and a fast food restaurant are planned for the site. The site will be graded, landscaped, and roads installed that will meet current County specifications. The main entrance will be constructed on Ezra Lane. A right -in right -out connection will also be made to Snowden Bridge Boulevard and where Nulton Lane connects to Martinsburg Pike. Site Sititability 100 Year Flood Plains - The site is not located within or near any 100-year flood plains per FEMA Flood Map No. 51069CO210D. Wetlands — Based on information contained in the US Fish and Wildlife Service National Wetlands Inventory web site, there are no wetlands on or around the proposed rezoning area. Steep Slopes — This site is fairly flat, without any steep slopes. Mature Woodlands — There are no areas of mature woodlands on the site. Soil or Bedrock Conditions which would create Construction Difficulties or Hazards — A review of the USDA Web Soil Survey indicates that the depth to bedrock for 4+ acres of the site is 20 to 40 inches, and for the remainder of the site it is over 80 inches. Where rock is encountered in excavation areas it will be removed by mechanical means or blasting. J • Sin•rounding Noperlie.s The subject property is surrounded by: • Open fields that are zoned M-1 are to the east and are owned by the land owner who is requesting this rezoning. • Six single-family homes line Nulton Lane to the north, four of which are owned by the land owner who is requesting this rezoning. • To the south is Snowden Bridge Boulevard and HH Omps Trucking. • To the west is Martinsburg Pike and the Rutherford Crossing shopping center. The distance from the property line to the homes on the north side of Nulton Lane is 30 feet or more. Due to existing utilities and the Frederick County zoning buffer requirements, noise or glare impacts on the neighbors is expected to be minimal, if any. The planned uses will are not generators of loud noises, fumes or pollution. Ti•c jf is A Traffic Impact Study has been prepared by Stowe Engineering. The study shows that with the construction of Ezra Lane and improvements to Nulton Lane, the traffic resulting from this development are manageable. However, it is recognized that this proposed development will add traffic to the roadways. Therefore, the developer is proffering to construct Ezra Lane and Nulton Lane to improve mobility to the area. Se vcige Conveyance and Ti•ealinenl The site is located inside of the Frederick County Sewer and Water Service Area. Wastewater from the site will be conveyed to the existing sewer pump station located on the HH Omps site a short distance to the south. From there the wastewater will be conveyed through the Frederick County Sanitation Authority system to the Opequon Water Reclamation Facility. Water Supply 2 • The site is located inside of the Frederick County Sewer and Water Service Area. An existing 12" water main was extended to the site during the construction of Snowden Bridge Boulevard and will be used to provide water service to the proposed development. Drat ncige Drainage from the site flows to the east across the open field to a ditch beside the CSX railroad. From there it flows northward to a culvert under the railroad and into the head waters of Hiatt Run. Post -development drainage from the developed areas will be routed through stormwater management facilities to control the quantity and quality of stormwater leaving the site. Solid Waste Collection of solid waste will occur through the use of 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, 7,000 sf of development will generate 37.8 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 National Register of Historic Places did not show any historic sites at the location of the proposed rezoning. 3 • 0 I»mpaef on Community Facilities Educational Facilities — This project will add no children to the school system. Emergency Services — Police protection will be provided by the Frederic County Sheriff Department. The property is located in the first response area for the Clearbrook Fire and Rescue station. 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. Libraries - This project will not add to the population of Frederick County and therefore will not increase the demand for library services. Local Government — The Frederick County Impact Model will be used to determine the level of impact this project will have on the local government. 4 4 t, 0 • 0 Imapact Analysis Statement Omps NE Rezoning Stonewall Magisterial District Parcel ID 43-(A)-147, 148, 149, and 151 Total Area: 3.9 acres May 30, 2017 Owner: K&J Investments, LC Winchester, VA 22603 Prepared by Stowe Engineering, PLC 103 Heath Court Winchester, VA 22602 0 • IMPACT ANALYSIS STATEMENT K&J Investments, LC Inowduclion K&J Investments, LC is requesting a rezoning of 3.9 acres in Frederick County. The property is owned by K&J Investments and is located east of Martinsburg Pike, and north of Snowden Bridge Boulevard and is currently an open field with one single family home. The applicant is seeking a change in zoning from RA, RP, and M-1 to B-2. The Frederick County Comprehensive Plan's 2035 Long Range Land Use map shows this property is planned for business use and the requested B-2 zoning is consistent with this planned use. A convenience store that sells fuel, and a fast food restaurant are planned for the site. The site will be graded, landscaped, and roads installed that will meet current County specifications. The main entrance will be constructed on Ezra Lane. A right -in right -out connection will also be made to Snowden Bridge Boulevard and where Nulton Lane connects to Martinsburg Pike. Site Suitability 100 Year Flood Plains - The site is not located within or near any 100-year flood plains per FEMA Flood Map No. 51069CO210D. Wetlands — Based on information contained in the US Fish and Wildlife Service National Wetlands Inventory web site, there are no wetlands on or around the proposed rezoning area. Steep Slopes — This site is fairly flat, without any steep slopes. Mature Woodlands — There are no areas of mature woodlands on the site. Soil or Bedrock Conditions which would create Construction Difficulties or Hazards — A review of the USDA Web Soil Survey indicates that the depth to bedrock for 4+ acres of the site is 20 to 40 inches, and for the remainder of the site it is over 80 inches. Where rock is encountered in excavation areas it will be removed by mechanical means or blasting. 0 Surrounding Properties The subject property is surrounded by: • Open fields that are zoned M-1 are to the east and are owned by the land owner who is requesting this rezoning. • Six single-family homes line Nulton Lane to the north, four of which are owned by the land owner who is requesting this rezoning. • To the south is Snowden Bridge Boulevard and HH Omps Trucking. • To the west is Martinsburg Pike and the Rutherford Crossing shopping center. The distance from the property line to the homes on the north side of Nulton Lane is 30 feet or more. Due to existing utilities and the Frederick County zoning buffer requirements, noise or glare impacts on the neighbors is expected to be minimal, if any. The planned uses will are not generators of loud noises, fumes or pollution. Traffic A Traffic Impact Study has been prepared by Stowe Engineering. The study shows that with the construction of Ezra Lane and improvements to Nulton Lane, the traffic resulting from this development are manageable. However, it is recognized that this proposed development will add traffic to the roadways. Therefore, the developer is proffering to construct Ezra Lane and Nulton Lane to improve mobility to the area. Sewage Conveyance and Treatment The site is located inside of the Frederick County Sewer and Water Service Area. Wastewater from the site will be conveyed to the existing sewer pump station located on the HH Omps site a short distance to the south. From there the wastewater will be conveyed through the Frederick County Sanitation Authority system to the Opequon Water Reclamation Facility. Water Supply 2 The site is located inside of the Frederick County Sewer and Water Service Area. An existing 12" water main was extended to the site during the construction of Snowden Bridge Boulevard and will be used to provide water service to the proposed development. Di-aincige Drainage from the site flows to the east across the open field to a ditch beside the CSX railroad. From there it flows northward to a culvert under the railroad and into the head waters of Hiatt Run. Post -development drainage from the developed areas will be routed through stormwater management facilities to control the quantity and quality of stormwater leaving the site. Solid Wide Collection of solid waste will occur through the use of 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, 7,000 sf of development will generate 37.8 cubic yards of solid waste per year. The solid waste will be transferred to the Frederick County Landfill Facility by private licensed commercial carriers. Hivoi-iced Site cind Sll'llch/Yes A review of the National Register of Historic Places did not show any historic sites at the location of the proposed rezoning. 0 0 Impact on Community Facilities Educational Facilities — This project will add no children to the school system. Emergency Services — Police protection will be provided by the Frederic County Sheriff Department. The property is located in the first response area for the Clearbrook Fire and Rescue station. 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. Libraries - This project will not add to the population of Frederick County and therefore will not increase the demand for library services. Local Government — The Frederick County Impact Model will be used to determine the level of impact this project will have on the local government. 4 COUNTY of F R E D E RI C K R.Wayne Corbett, MGDT Office of Treasurer Deputy Treasurer P.O BOX 225 Angela Fritts Whitacre MGDT Winchester, Virginia 22604-0225 Deputy Treasurer Operations 540/665-5607 Fax 540/662-5838 C. William Orndoff, Jr., MGT County Treasurer www.fredtax.com Below is the receipt for your Electronic Payment you made today, Please save this for your records: Payment Date: Payment Date - 11/27/2017 10:44:58 Total Taxes Paid: $36,874.54 Payment Type: Electronic Check Convenience Fee: $0.00 Transaction Number: 20383 Electronic Check Total: $36,874.54 Please Allow 24 Business Hours for payment to be processed. Dept Ticket# Description Bill Date Principal Paid Penalty Paid Interest Paid Total Paid Balance RE2017 195260002 K & J INVESTMENTS 4/28/2017 $1,930.20 $0.00 $0.00 $1,930.20 $0.00 6.74 ACRES RE2017 195270002 K & J INVESTMENTS LC 4/28/2017 $3,185.40 $0.00 $0.00 $3,185.40 $0.00 1.57 ACRES RE2017 195280002 K & J INVESTMENTS LC 4/28/2017 $2,937.90 $0.00 $0.00 $2,937.90 $0.00 2.11 ACRES RE2017 195290002 K & J INVESTMENTS LC 4/28/2017 $1,807.50 $0.00 $0.00 $1,807.50 $0.00 .84 ACRES RE2017 195300002 K & J INVESTMENTS LC 4/28/2017 $580.20 $0.00 $0.00 $580.20 $0.00 .60 ACRE RE2017 195310002 K & J INVESTMENTS LC 4/28/2017 $729.90 $0.00 $0.00 $729.90 $0.00 1.33 ACRES RE2017 195320002 K & J INVESTMENTS LC 4/28/2017 $907.80 $0.00 $0.00 $907.80 $0.00 1.90 ACRES RE2017 195330002 K & J INVESTMENTS LC 4/28/2017 $505.50 $0.00 $0.00 $505.50 $0.00 .69 ACRE RE2017 195340002 K & J INVESTMENTS LC 4/28/2017 $555.30 $0.00 $0.00 $555.30 $0.00 2.93 ACRES RE2017 195350002 K & J INVESTMENTS LC 4/28/2017 $8.74 $0.00 $0.00 $8.74 $0.00 8.97 ACRESS RE2017 195370002 K & J INVESTMENTS LC 4/28/2017 $713.10 $0.00 $0.00 $713.10 $0.00 .60 ACRE RE2017 195380002 K & J INVESTMENTS LC 4/28/2017 $747.00 $0.00 $0.00 $747.00 $0.00 1.61 ACRES RE2017 195390002 K & J INVESTMENTS LC 4/28/2017 $2,321.70 $0.00 $0.00 $2,321.70 $0.00 19.94 ACRES RE2017 195400002 K & J INVESTMENTS LC 4/28/2017 $783.90 $0.00 $0.00 $783.90 $0.00 2.69 ACRES RE2017 195410002 K & J INVESTMENTS LC 4/28/2017 $7,193.40 $0.00 $0.00 $7,193.40 $0.00 8.00 ACRES COUNTY of FREDERICK R.Wayne Corbett, MGDT Office of Treasurer Deputy Treasurer P.O BOX 225 Angela Fritts Whitacre MGDT Winchester, Virginia 22604-0225 Deputy Treasurer Operations 540/665-5607 Fax 540/662-5838 C. William Orndoff, Jr., MGT County Treasurer www.fredtax.com Below is the receipt for your Electronic Payment you made today, Please save this for your records: Payment Date: Payment Date - 11/27/2017 10:44:58 Total Taxes Paid: $36,874.54 Payment Type: Electronic Check Convenience Fee: $0.00 Transaction Number: 20383 Electronic Check Total: $36,874.54 Please Allow 24 Business Hours for payment to be processed. Dept Ticket# Description Bill Date Principal Paid Penalty Paid Interest Paid Total Paid Balance RE2017 195420002 K & J INVESTMENTS LC 4/28/2017 $469.20 $0.00 $0.00 $469.20 $0.00 1.61 ACRES RE2017 195430002 K & J INVESTMENTS LC 4/28/2017 $4,282.50 $0.00 $0.00 $4,282.50 $0.00 37.93 ACRES RE2017 195440002 K & J INVESTMENTS LC 4/28/2017 $347.70 $0.00 $0.00 $347.70 $0.00 HOOVER L2 RE2017 195450002 K & J INVESTMENTS LC 4/28/2017 $37.50 $0.00 $0.00 $37.50 $0.00 HOOVER L3 RE2017 195460002 K & J INVESTMENTS LC 4/28/2017 $37.50 $0.00 $0.00 $37.50 $0.00 .31 ACRE RE2017 195470002 K & J INVESTMENTS LC 4/28/2017 $338.70 $0.00 $0.00 $338.70 $0.00 .26 ACRE RE2017 195480002 K & J INVESTMENTS LC 4/28/2017 $472.80 $0.00 $0.00 $472.80 $0.00 .66 ACRE RE2017 195490002 K & J INVESTMENTS LC 4/28/2017 $551.10 $0.00 $0.00 $551.10 $0.00 .57 ACRE RE2017 195500002 K & J INVESTMENTS LC 4/28/2017 $3,901.80 $0.00 $0.00 $3,901.80 $0.00 2.18 ACRES RE2017 195510002 K & J INVESTMENTS LC 4/28/2017 $1,528.20 $0.00 $0.00 $1,528.20 $0.00 BATTLEFIELD PTNERSHIP L12 0 0 0 0 W N tn- o� in r3 N Xrt0) a .0 m bl 0) N Si UI 0 .H fA o Uo 0) rd m o a o UOFr o r~ rn co-1WM 'i i t!h C r Ell P o ro . .. Lo a Cd2 N v P ai 4J . U H [3prManyp. HITCHiNSON pitTYv.,.v n, �t:N 1.60005375 c-; THIS DEED, made and dated this 5M clay of t�J _, 2016, by and between CHERYL L. DeHAVEN, single, hereinafter called the Grantor; and, .IC & J INVESTMFN'1'S, L.C., a Virginia limited liability company, hereinafter called the•Cirantec. 1Vl"1'NESSi "1 I I; That for and in consideration of the sum of Ton Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and E--nglish covenants of title unto the Grantee, in fee supple, the following property: All of that certain parcel of land containing 0.6 acres, more or less, located in Stonewall Magisterial District, Frederick County, Virginia, approximately two miles north of Winchester along the south side of U. S. Tiighway No, 11., fronting thereon 115 feet, more or less, and extending therefrom in a southerly direction a distance of 300 feet, more or less. AND BEING one of three parcels conveyed by George G. Snarr, Jr., Trustee, to Thomas H. DeHaven by deed dated October 25, 1982, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 553, at Page 113; Thomas II, DeHaven died testate on May 3, 2012, and lie devised all of his estate to his wife, Choryl L. DeHaven under Ills Last Will and Testament dated May 24, 2000 of record in the aforesaid Clerk's Office in Probate File 12- 118. Rcfcrenae is hereby made to the aforesaid instruments and die attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all casements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: SEAL) CHEIL , Del-IAVEN -n CD .a: STATE OF VIRMIA, CITY/COUNTY OF to-NNrit: The foregoing instrument was acknowledged before me in my City/County and State this 4�7'4 day of 9�— 2016, by CHERYL L. DcHAVEN, My Commission Expires; _ v //��� ��°�10 ... 4'. O ARY PUBLIC (� Deed prepared by Gregory F. Hutchinson VSB 015489 '''��,�tivYc 11.?N ��,,,• 124 South Braddock Street Winchester, VA 22601 Insured by Old Republic National Title Insurance Company viKuiNIA.Ff,-.-:DER1CKCOL) i ry-SCI- This instrument of writing was produced to me on b ' /s—J at and with cw'tiflcate ac!cno,ti ledgament thereto an cxcd ,vas admitted to record. Tax imposed by Sco. 58,1.802 of Q , and 58.1-801 have been paid, if aSlessablo. caecoavr. iHUTCHINUON AT Tp'nl' 4T ��w 1 C.-4 6l+A CL]O�C GT. • o (n 0 N N oRWUCKYF. HLJTCHIN■ON TT syTIGw >an w,nmoc.c ar. r. CercLva - 1300�.3563 THIS DEED, made this 26 Y day of November, 2013, by and between NORTH STEPHENSON, INC., a Virginia corporation, party of the first part, her0naftcr Grantor, and K & J INVESTMENTS, L.C., a Virginia limited liability company, party of the second part, hereinafter Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English covenants of title unto the Grantee, in fee simple, the following property: PARCEL ONE: All that certain lot or parcel of land containing 58,500 square feet, more or less, lying and being situate a short distance Nast of U.S. Ilighway. No. 11, about 2.2 miles north of Winchester, in Stonewall District, Frederick County, Virghiia, fronting a distance of 200 feet on the northem or northeastern side of a 30-foot right of way leading eastward from U.S. Route 11, and cxtcnding back between parallel lines a distance of 300 feet, the depth of said lot, however, being measured from the middle of the aforesaid right of way, being more particularly described by a plat and survey description of Richard U. Good, C.L.S., dated June 25, 1959 attached to that certain deed recorded iri the Clerk's Office of the Circuit Court for Frederick County, Virginia in Deed Book 258, at Page 275; TOGETHER WITH a right of way, in common with any others having a right to the use thereof, and upon the aforesaid 30-foot right of way, which extends in a northwestward direction from the property herein conveyed to U,S. Highway No. 11; AND BEING the same properly conveyed by Warren Ray Sales and Connie Jean Sales to North Stephenson, Inc, by deed dated October 10, 1990, of record in die aforesaid Clerk's Office in Deed Book 751, at Page 1431. TAX MAP NO.43-(A)-143 PARCEL TWO; All of that certain tract or parcel of land containing 9.83 Acres, more or less, situate on the southeast side of U.S. Highway No, 11, about 2.2 idles north of the City of Winchester, Virginia, in Stonewall Magisterial District, Frederick County, Virginia, and being described as Parcel 148, Tax Map Number 43A-147 in the land records of Frederick County, Virginia; AND BEING one of two parcels conveyed by H. Smith Dorsey, et al, to North Stephenson, Inc. by deed dated Dcccmbcr 23, 1987, of record in the aforesaid Clerk's Office in Deed Book 668, at Page 229. TAX NIAP NO.43-(A)-147 CD r� PARCEL THREE: All of that certain tractor parcel of land containing .33 Acre, more or less, lying and being situate a short distance; southeast side of U.S_ Highway No. 11, about two miles north of the City of Winchester, Virginia, in Stonewall Magisterial•District, Frederick County, Virginia, and being described as Tax Map Number 43A-148 in the land records of Frederick County, Virginia; AND BE LNG one of two parcels conveyed by 1-I, Smidi Dorsey, et a], to North Stephenson, Inc. by deed dated December 23, 1987, of record in the aforesaid Clerk's Office in Deed Book 668, at Page 229, TAX NUP NO, 43-(A)-148 Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: NORTH STEPHENSON, INC., a Virginia corporation By: D�(S EAL) JOH STATE OF VIRGINIA CI'fY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me in my City and State this aC"�" day of November, 2013, b JOT -IN l?. OMPS, President of NORTH STEPHENSON, INC., a Virginia corpo 4tion, on behalf of said.9ompa.4y:� My Commission Expires: VIROINIA: FREDERICK COUNTY, SCr This m `instruent of writing was produmd tome on ILIZI_2013 at t ct',,y�2._. —m ,no with certificate of acimu%viedgement thereto ann�d was admitted to rword. Tax lmpm d by Sec. 58.1-802 of S x w1a} , and-%1.801 hrm been paid, if assm," Clerk 411-1 4�� . NOTARYP LIC ;�' E 0 FN Ct' 1.Aw m„x-r. Tsio,.NS 1. CIIASLER 11 L,Sj F6 Y A%-[N STtfi.T 11X1L=STER. VIRCUKA `2WI 050009792 C) Q THIS DEED made and dated this1'day of41,�Z- 2005, by and between NgBIHSTFpUENLgNM., party of the first part, hereinafter called the Grantor; and K&J H'qVESjhyNTS L. ., party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is acknowledged, the Grantor does hereby grant and convey with general warranty and English covenants of Title, unto the Grantor, in fee simple, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty PARCEL ONE: All that certain tract or parcel of land containing 28,074 Acres, more or less, located about 2 miles Northeast of Winchester and attached to the below -referenced Deed with the Plat; AND BEING the same real estate conveyed to the C3rantor herein by Deed dated February 22, 1989, and recorded in Deed Book 709, at Page 288. PARCEL TWO: All of that certain tract or parcel of land containing 37.915 Acres, lying and being situate about 1-1/4 miles northeast of Winchester on the Bast side of Road No. 661, in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described by plat and survey of Richard U. Goode, CI.S., dated April 4, 1984, and attached to the below-rcfcrenccd Deed; AND BEING identified as Parcel Two as conveyed to the Grantor herein by bred dated July 16, 1986, and recorded in Deed Book 621, at Page 602. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby conveyedj. 0 0 -J Cam. �_ NyfTNESS the following signatures and scale; NO TH STEPHENSON, INC. By (SEAL) JOhn E. Omps, President STATE OF VIRGWIA CITY/ eblt '-'f' OF , to -wit: I, �j S�L� Notary Public in and for the State and jurisdiction aforesaid do hereby certify that NORTH STEPHENSON, INC. by John E. Omps, President, whose name is signed to the foregoing Deed, bearing date of the _t�ay of &4) ., 2005, has personally appeared before me46y- and acknowledged the same. Given under my hand this 7 day of2005. My commission expires J 6-t /- _... — SEAL AFFIXED o Public VIRUINIA: FREDERICK COUNTY, SCr. Tbls instrument of writing was produced to the on 1�-at % D Y4 and with ccrtifi=e of admowiedgcment thcrct6 annexed was admitted to rsoord. T imposed by Scc. 58.1-802 of $` T 'and M.1.801 In been paid, if ass.--J* Ctcrlc COUNTY of FREDERICK Department of' Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING .January 31, 2018 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION 1106-17 FOR I< & J INVESTMENTS, LC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 14, 2018, 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 #06-17 for K & J Investment, LLC, submitted by Stowe Engineering, PLC, to rezone 2.459+/- acres from the RA (Rural Areas) District to the 132 (General Business) District with proffers, 0.936+/- acres of land zoned RP (Residential Performance) District to the 132 (General Business) District with proffers, and 0.488+/- acre of land zoned M 1 (Light Industrial) to the 132 (General Business) with proffers. The properties are located at the northeast corner of the intersection of Martinsburg Pike and Snowden Bridge Boulevard in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43- A-147, 43-A-148, 43-A-149, and 43-A-15IC. Any interested parties having questions or wishing to speak may do so at the public licaring. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of' the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.Lis. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kcnt Strect, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 1 I � ! / �� from the Department of Planning and Development, Frederick County, Virginfa: 43C • 2• 1• 43 • A• • 147- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 151•C K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 150- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 100•L LEVINE INVESTMENTS LIMITED PARTNERSHIP CIO NERANGIS ENTERPR 177 KERNSTOWN COMMONS BLVD WINCHESTER VA 22602 43 • A• • 100•F RUTHERFORD FARM LLC CIO NV RETAIL MICHELLE WASSERMAN 8230 LEESBURG PIKE STE 620 VIENNA VA 22182.2641 43 • A• • 100- LIDL US OPERATIONS LLC ATTN: HO REAL ESTATE OPT 3500 S CLARK ST ARLINGTON VA 22202.4033 STATE OF VIRGINIA COUNTY OF FREDERICK BAKER R WAYNE 1854 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 141 - RATLIEF HARRY B PO BOX 2854 WINCHESTER VA 22604.2054 43 • A• • 142- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 2260.1.4707 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. 2�- a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning nd Development, whose name is signed to the foregoing, dated / / ,s , has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this ��� day of U IA t116-11,� My commission expires on —? 6 �- NOTARY PUBLIC _ COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 3, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION #06-17 FOR K & J INVESTMENTS, LC On belialf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 17, 2018, at 7:00 pin in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #06-17 for K & J Investment, LLC, submitted by Stowe Engineering, PLC, to rezone 2.459+/- acres from the RA (Rural Arcas) District to the 132 (General Business) District with proffers, 0.936+/- acres of land zoned RP (Residential Performance) District to the 132 (General Business) District with proffers, and 0.488-1-/- acre of land zoned M I (Light Industrial) to the 132 (General Business) with proffers. The properties are located at the northeast corner of the intersection of Martinsburg Pike and Snowden Bridge Boulevard in the Stonewall Magisterial District, and are identified by Property Identification Numbers 43- A-147, 43-A-148, 43-A-149, and 43-A-15 IC. Any interested parties having questions or wishing to speak may cfo so at the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pcl 107 North Kent Strect, Suite 202 • Winchester, Virginia 22601-5000 r This is to certify that the attached correspondence was mailed to the following on from the Department of'111anning and Development, Frederick Count)', Virginia: 43 • A- • 147- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603-4707 43 - A- - 151•C K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 - A. • 150- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 - A- - 100-L LEVINE INVESTMENTS LIMITED PARTNERSHIP C10 NERANGIS ENTERPR 177 KERNSTOWN COMMONS BLVD WINCHESTER VA 22602 43 - A- - 100-F RUTHERFORD FARM LLC CIO NV RETAIL MICHELLE WASSERMAN 8230 LEESBURG PIKE STF_ 620 VIENNA VA 22182.2641 43 - A. - 100- LIDL US OPERATIONS LLC ATTN: HO REAL ESTATE OPT 3500 S CLARK ST ARLINGTON VA 22202.4033 STATE OF VIRGINIA COUNTY OF FREDERICK 43C - 2- - I. BAKER R WAYNE 1854 MARTINSBURG PIKE WINCHESTER VA 43 -A- • 141- RATLIEF HARRY B PO BOX 2854 WINCHESTER VA 43 • A- - 142• K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. 22603.4707 22604.2054 22603.4707 I, &dh 1' �%— S I -h , a Notary Public in and for the State and County aforesaid, do h reby certify that Candice C. Perkins, Assistant Director for the Department of Plannln and Development, whose name is signed to the foregoing, dated I 1 1 9 , has personally appeared before me and acknowledged the same in my StatJ and County aforesaid. Given under m}, hand this t3F cl day of �jCt My commission expires on Sq4 ) k o I xr 30 ()1 `'I KATHRYN G. SMITH NOTARY PUBLIC REGISTRATION N 7660663 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES SEPTEMBER 30, 2019 Easy Peel® Labels Use Avery® Template 51610 A Feed Paper Bend along line to expose Pop-up EdgeT11' �AVERY051610 1 43 • A• • 148- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 148- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 149- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 - A• - 149- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 148- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603-4707 43 • A• • 148- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A- • 149- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A. - 149• K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603-4707 i`_tiquettes faciles A peler A Utilisez le gabarit AVERY® 51610 Sens de chargement Repliez 6 la hachure afin de www.averycom 11 r6v6ler le rebord Pop-up"c 1-800-GO-AVERY 1 Easy Peel® Labels A Use Avery® Template 51610 Feed Paper 43 • A• • 151 B K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 151•B K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 151•A K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 151 •A K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 Bend along line to AAM- RY05161® i expose Pop-up Edger"' ��► 43 • A. • 151•B K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 151•B K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 151-A K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A. • 151 •A K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 ttiquettes faciles a peler ® i Repliez A la hachure afin de www.avery.com Utilisez le gabarit AVERY® 51610 Sens de chargement r6v6ler le rebord Pop-up''" 1-800-GO-AVERY j Easy Peel® Labels Use Avery® Template 51610 s Feed Paper �I mmazw= " Bend along line to expose Pop-up EdgeTM AVERY@5161® A l,�l�j� 43 • A• • 143- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A. • 143- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A. - 144- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 144- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 143- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 143- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 - A• - 144- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 43 • A• • 144- K & J INVESTMENTS LC 1800 MARTINSBURG PIKE WINCHESTER VA 22603.4707 ttiquettes faciles a peler A _ Idepliez A la hachure afin de www.averycom Utilisez le gabarit AVERY® 51610 Sens de chargement r6vdler le rebord Pop-up"" 1-800-GO-AVERY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 3, 2017 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #06-17 FOR K & J INVESTMENTS, LC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 17, 2018, 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 #06-17 for K & J Investment, LLC, submitted by Stowe Engineering, PLC, to rezone 2.459+/- acres from the (Rural Areas) District to the B2 (General Business) District with proffers, 0.936+/- crland zoned RP (Residential Performance) District to the B2 (General Business) Di ith proffers, and 0.488+/- acre of land zoned M 1 (Light Industrial) t B2 (General Business) with proffers. T ks nortt corner of the intersectio of Martinsburg Pike and Snowden Bridge Boul and in the Stonewall Ma ' al District, an6' ntified by Property Identification N bers 43-A-147, 43-A- �yd 43-A-149, and 43-A-151 C. e p S a�� 10� Any interested parties having questions or wishing to speak may do so at the public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 k V xm.c t 1� P-1-W s 143 -ly i J M II AnJOINING,P)EtO. y3AA -Iy� i:_ _ .... A-lyq 43-A-15;C TO: LANCE - DATA PROCESSING FROM: PAM - Planning Dept. rprint sets ofInbels by z 1 THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification 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 Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property # 43 A 150 Name k & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 151 B Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 151A Name Levine Investments Limited 177 Kernstown Commons Blvd Winchester, VA 22602 Property #43 A 100L Name Rutherford Farm, LLC 8230 Leesburg Pk Suite 620 Vienna, VA 22182 Property #43 A 100F Name Lidl US Operations, LLC 3500 S. Clark St Arlington, VA 22202 Property #43 A 100 Name Wayne R. Baker 1854 Martinsburg Pike Winchester, VA 22603 Property 443 C 2 1 Name Harry B Ratlief PO Box 2854 Winchester, VA 22604 Property #43 A 141 Name & J Investments, LC 1800 Martinsburg Pike Winchester, VA 22603 Property #43 A 142 c� 15 ,J (/ Name and Property Identification Number K & J Investments, LC Propem ::43 A 143 tiame K & J Investments, LC Proper ,, = 43 A 144 E'ropem Name Property Name Property Name Property Name Property tt Name Propem Name Propem Name Property 'dame Propem :: Name Propem =- Name Propertm [!ameopq't) Be Address 1800 Martinsburg Pike Winchester, VA 22603 1800 Martinsburg Pike Winchester, VA 22603 Adjoining Property Omps North East Rezoning Frederick County, VA Stonewall Magesterial District Property ID Use Zoning 43 A 150 Industrial M-1 43 A 151E Industrial M-1 43 A 151A Industrial M-1 43 A 1001- Commercial B-2 43 A 100F Commercial B-2 43 A 100 Commercial B-2 43 C 2 1 Residential RP 43 A 141 Residential RP 43 A 142 Residential RP 43 A 143 Residential RP, M-1 43 A 144 Residential M-1 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENTDOES NOT MEET YOURAPPROVAL PLEASEPROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO KA VE COMPLETED. Initials Date & Time Candice �� 1 Z Z 17 Mark Dave Tyler Mike John i Received by Clerical Staff (Date & Time): (S:Ofrce on BlackboxTormslDocumew Approval Form - 6/7/2016 )