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041-22 (RezoningPaulaOHenry) Otic . cow ORDINANCE w � w�N Action: PLANNING COMMISSION: December 15, 2021 Recommended Approval BOARD OF SUPERVISORS: January 12, 2022 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING#05-21 PAULA O. HENRY WHEREAS,REZONING#05-21 Paula O.Henry,was submitted by Pennoni Associates,Inc.to rezone 8.2+/-acres from the B2(General Business)District to the B3(Industrial Transition)District.The property is located at the intersection of Stratford Drive(Route 1350)and Fort Collier Road(Route 1322)in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U; and WHEREAS,the Frederick County Planning Commission held a public hearing on this Rezoning on December 15, 2021 and recommended approval; and WHEREAS,the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on January 12, 2022; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this Rezoning to be in the best interest of the public health, safety,welfare, and in conformance with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 8.2+/- acres from the B2 (General Business)District to the B3 (Industrial Transition)District. This ordinance shall be in effect on the date of adoption. Passed this 12th day of January 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chainnan Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann-Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Mic ae L. Bo oefer Frederick County Administrat Res. No. 041-22 COQ REZONING APPLICATION#05-21 PAULA O.HENRY M Staff Report for the Board of Supervisors Prepared: January 4,2022 s�1738 Staff Contact: Candice E. Perkins, AICP, CZA,Assistant Director Reviewed Action Planning Commission: 12/15/21 Recommended Approval Board of Supervisors: 01/12/22 Pending PROPOSAL: To rezone 8.2-acres from the B2(General Business)District without proffers to the B3 (Industrial Transition) District without proffers. LOCATION: The property is located along Fort Collier Road(Route 1322),approximately 400'east of Baker Lane (Route 1300) and 1,400 feet north of Berryville Avenue (Route 7). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/12/22 BOARD OF SUPERVISORS MEETING: This is a proposal to rezone 8.2-acres to the B3 Zoning District without proffers. The subject property was rezoned from the M1 (Industrial General) District to the B2 District in 1987. The site is located within the limits of the Northeast Land Use Plan of the Comprehensive Plan. The Plan identifies this property with a commercial land use designation;the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing B2 zoning and proposed B3 zoning are generally consistent with the goals of the Plan. Staff would note that the site is surrounded by a mixture of business,transitional,and residential zoning and therefore careful consideration should be made regarding impacts to surrounding uses. The intent of the B3 District is to provide for heavy commercial activities, involving larger scale marketing or wholesaling,in locations that are separate from but in the vicinity of business and industrial areas. In some cases,such areas may be transitional,located between business and industrial areas. While some uses permitted within the B2 and B3 Districts do overlap, it should be noted that many uses are more intensive. The rezoning does not include proffers and would therefore permit any use allowed in the B3 Zoning District. The Planning Commission did not identify any concerns with the request and recommended approval of the application at their December 12, 2021 meeting. Following the required public hearing, a decision regarding this rezoning application by the Board ofSupervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board ofSupervisors. Rezoning 905-21 Paula O. Henry January 4, 2022 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/15/21 Recommended Approval Board of Supervisors: 01/12/22 Pending PROPOSAL: To rezone 82-acres from the B2(General Business)District without proffers to the B3 (Industrial Transition) District without proffers. LOCATION: The property is located along Fort Collier Road and Stratford Drive and is approximately 400'east of Baker Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-97U PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING& PRESENT USE: North: B3 (Industrial Transition) District Use: Warehousing B2 (General Business)District Commercial South: B2 (General Business)District Use: Vacant East: RP (Residential Performance) District Use: Residential (Huntington Meadows) B3 (Industrial Transition) District Use: Warehousing West: B2 (General Business) District Use: Commercial Rezoning 905-21 Paula O. Henry January 4, 2022 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Upon review of rezoning (application packet for the Paula Henry Property(application received in our office 8/2/2021),VDOT offers the following comments: The proposed rezoning from B2 to B3 would not result in a significant change to potential traffic generation and would not have a significant impact to the roadway network. Site access shall be designed and constructed per the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards, and all other applicable specification and standards. Please see letter from Bradley S. Riggleman, P.E. Area Land Use Engineer dated September 8, 2021. Frederick Water: Please see letter from Eric Lawrence,Executive Director dated August 5, 2021. Frederick County Department of Public Works: We offer no additional comments at this time. A comprehensive review shall occur at time of site plan submission. Please see agency comments sheet from Joe Wilder dated August 12, 2021. Frederick County Fire Marshall: Plan approved. Please see agency comments sheet from Adam Hounshell,Lieutenant/Assistant Fire Marshal dated August 3, 2021. Frederick County Attorney: No comment Please see email from Roderick B. Williams, County Attorney dated October 10, 2021. City of Winchester: No comments. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned M2 (Industrial General)District. The Board of Supervisors approved Rezoning #29-87 on September 9, 1987, which rezoned the property to the B2 (General Business) District. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development,preservation,public facilities and other key components of Community life. The primary goal of this plan is to protect and improve Rezoning 905-21 Paula O. Henry January 4, 2022 Page 4 the living environment within Frederick County. It is in essence a composition of policies used to guide the future development of Frederick County. The Area Plans,Appendix I of the Comprehensive Plan,are the primary implementation tool and will be instrumental to the future planning efforts of the County. Comprehensive Plan-Land Use Compatibility The Northeast Frederick Land Use Plan of the Comprehensive Plan provides guidance on the future development of the property. The Plan identifies this property with a business land use designation;the property is also within the limits of the Sewer and Water Service Area. The existing B2 zoning is generally consistent with the goals of the Comprehensive Plan. In appropriate locations,B3 zoning may be consistent with the goals of the Plan. The intent of the B3 District is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases,such areas may be transitional,located between business and industrial areas. While some uses permitted within the B2 and B3 Districts do overlap,it should be noted that many uses are more intensive. 3. Access The site is proposed to be accessed via a full entrance on Fort Collier Road and would align with Stratford Drive (Route 1350). This access location is not proffered and therefore alternative or additional access may be developed if approved by VDOT. 4. Potential Impacts This site is surrounded by a mixture of business, transitional, and residential zoning. The rezoning does not include proffers and would therefore permit any use allowed in the B3 Zoning District. Staff would suggest that the following aspects of the proposal be carefully considered: ■ Land use compatibility between this site and adjoining properties ■ Visibility and screening of outdoor storage that may develop ■ Interparcel connection with PIN 54-A-97F and 54-A-42 ■ Impacts on County services such as Fire and Rescue 5. Proffers: There are no proffers associated or proposed with this rezoning application. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/15/21 MEETING: Staff provided an overview of the requested rezoning,following Staff's presentation,David Frank of Pennoni Associates,Inc.,representing the Applicant came forward and shared a brief overview and Rezoning 905-21 Paula O. Henry January 4, 2022 Page 5 history of the proposed project. There were no public comments during the public hearing and the Planning Commission recommended approval of REZ 405-21 for Paula O. Henry. (Note: Commissioner Triplett was absent from the meeting.) Following the required public hearing, a decision regarding this rezoning agglication by the Board ofSugervisors would be ag,2rogriate. The A,2,2licant should beI)re)ared to adequately address all concerns raised by the Board ofSuvervisors. REZ # 05 - 21 : Paula O. Henry PIN: 54 - A - 97U Rezoning from B2 to B3 Zoning Map oprc m� oQ GM FR,p� ¢l ¢1 �ii�ll�ib,111 : �P YTCi Q^,GGi�[1A'I D3 Q^,GGi�ilAl , EKf3 Q^,C�3[1A'I REZ•#05-21 3 EQ3 STRATFORD DR a� NR �P r. 01, Application Parcels Winchester e� LE Sewer DR Sewer and Water Service Area , o BERRY(SAVE w B2(General Business District) t,<7 a B3(Industrial Transition District) N M1(Light Industrial District) 1 RP(Residential Performance District) 7 W / E 7 S. i J Frederick County Planning&Development e _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 105 210 420 Feet Map Created:November 10,2021 REZ # 05 - 21 : Paula O. Henry PIN: 54 - A - 97U Rezoning from B2 to B3 Location Map F' „ FORrC 4 Y r y ° r r es, ,.fie �,�•. � e� F REZ#05-21 L.— BANB 54 A 97U 107 BANBURY i r: t�J w STRATFORD DR DR 01 i a Winchester �' m Goy / copiNGi�N<N U Winchester �o�r` B/NK�SOR r BERRY AVE w y 7 c Application r N Parcels 1 Sewer and Water Service Area 7 �\ WE J S r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 105 210 420 Feet Map Created:November 10,2021 REZ # 05 - 21 : Paula O. Henry PIN: 54 - A - 97U Rezoning from B2 to B3 Long Range Land Use Map AO 09 ORo .� . �P Y� �s ti QS! Em Q;�159 Q;�[5'1 REZ#05-21 Q�IJ£A�1 EQ? w STRATFORD DR � T /MDODFNDR ra �P ��yyyy��•���/�ry� P J� ,� I:LJ�7.i1iGS/J CilFFNS,�, Z Application GSD< Winchester Parcels o DR�'� W _O/ryK Sewer and Water Service Area BERRY AVE Long Range Land Use o 0 Residential r N Business 1 0 Industrial 7 \ W+ / E J S r r Frederick County Planning&Development _ 107 N Kent St Winchester,VA 22601 540-665-5651 0 105 210 420 Feet Map Created:November 10,2021 July 2021 HenryRezoning ll IMPA CTAAALYS.IS July 2021 Henry Rezoning INTRODUCTION The 8.2-acre Henry Property fronting Fort Collier Road, identified as tax map parcel 54-A- 97-U, is ideally located for Industrial Transition District land uses. The Property is located in the Henry Business Park and is currently zoned B2 General Business District. The property was zoned M1 until the RZ #029-87 application for B2 and B3 land use was approved by the Frederick County Board of Supervisors on September 9, 1987. This application, in The Henry Business Park, is also located adjacent the City of Winchester — Frederick County boundary just north of Route 7 Berryville Pike. This application seeks to rezone the Property from B2 General Business District to B3 Industrial Transition District. The site is located wholly within the Sewer and Water Service Area (SXX'SA) and Urban Development Area (UDA). Rezoning the subject acreage to B3 will be consistent with the intended transitional commercial zoning envisioned for the subject property in the comprehensive plan and previously approved rezoning from the original M1 use in RZ #029-87. The location of the property is also better suited for the B3 commercial land use than the B2 land uses which typically generate higher traffic volumes. The proposed B3 zoning would also be compatible and consistent with the B3 zoning across and along Fort Collier Road. B3 zoning for industrial transition uses would allow the site to develop as a commercial transitional area from the retail commercial land uses to the south within the City of Winchester limits and the MI Industrial land uses in the JP Darlington Industrial Land subdivision to the north. The applicant is confident that the proposed rezoning is consistent with the land use policies of the Comprehensive Policy Plan, and development under the B3 zoning district will not result in negative net impacts from the by-right current B2 zoning. COMPREHENSIVE PLAN The subject property is identified on the Eastern Frederick County Long Range Land Use Plan (EFCLRLUIJ and the Northeast Frederick Land Use Plan (NELUP) and is wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). July 2021 Henry Rezoning These documents are intended to serve as a guide for the intended future land uses within the SWSA and UDA as properties within those growth boundaries develop. Both plans identify the subject property as business and the adjacent property to the north as industrial. This land use designation is a direct reflection of the Property's current zoning designation. Consequently, the proposed rezoning of the subject property to B3 is in conformance with the Comprehensive Plan, as the property would develop as an extension of the existing and future commercial and industrial land uses intended by the plan. LAND USE The subject property seeks to rezone from the B2 district to the Transitional B3 district. The western side of the subject property borders the rear of existing business land uses that are compatible with the proposed B3 zoning. The proposed land use will also be compatible with the existing B3 zoned land uses across Fort Collier Road to the north. Traditional retail land uses are found to the south across the city-county boundary line in the City of Winchester. This existing retail land use has direct access to Route 7 Berryville Pike and typically generates higher traffic volumes than the proposed B3 zoning. ACCESS AND TRANSPORTATION The Property has approximately 800' of frontage on Fort Collier Road which provides quick access and connectivity to Route 7 and Interstate 81. Site access optimally fines up across from the existing Stratford Drive intersection with Fort Collier Road. A secondary means of egress exists on Fort Collier Road and would need to conform to the current VDOT access management design regulations if utilized. The site is currently zoned B2 and the rezoning to B3 will likely result in equal or decreased total trip generation for future land uses. Actual trips and entrance design will be calculated and accommodated with any future Site Plan applications for the subject property. SITE SUITABILITY The site conditions relate very positively to the proposed development activities. The proposed rezoning would not result in impact on areas of steep slopes, stream channels, lakes, ponds, flood plain, or wetlands. The site generally slopes from 2-7% toward the north July 2021 Henry Rezoning and will drain into the existing storm sewer conveyance systems established with the design and construction of Fort Collier Road and other adjacent drainage facilities. During the engineering phase of the project, a stormwater management plan will be created to adequately and effectively retain stormwater in a manner that will avoid negative impacts on adjacent properties. SEWAGE CONVEYANCE AND WATER SUPPLY Sewage flows generated by the site will discharge into the existing Frederick Water sanitary sewer facilities present on-site. A terminal sanitary manhole has been extended onto the property with prior construction projects. Likewise, existing Frederick Water potable water service has previously been extended onto the subject property. Use and access and extensions of these facilities will be coordinated with Frederick Water at the time of a future Site Plan application. It is not anticipated that rezoning the property to B3 'Will result in any increase in demand for water and sewer services already allowed under the current B2 zoning. HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any structures of historic importance on the subject site. It is also observed that the urban and industrial development along Fort Collier Road has resulted in the loss of any historical integrity. As such, the infill development of the subject property will not impact historical sites and structures. IMPACT ON COMMUNITY FACILITIES The development of the allowed uses under the proposed B3 zoning will result in a net positive fiscal impact for Frederick County. Props 'y Map - Frederick Cou, y, VR 23 24 4b - 3 63 T'? 1 13 45►,, 75A �7A 1 65 64 72 A 3 _# 7 03 i # � < I 12` X28 fit i .a�- { �. r 0 ti�' 2i^3re ti i $ It4 6 41 6. �7 ")75A N 5 Ti!= 3 0 97M 42 58 394 �t 57 ~ 112 . 17 I0 t 12 31 55 97K 32 j ��'"'' 1x16, " 62 . orNG[w srr6 E I 11"6 33 .E 7' 2 ,r te 017 '1 ' 34 75 a •a 1.a cr 3 971 a 535 -1 0449 7 Property 5 a'05 102 50 97H ++r - 1 B2 i 5 f 97U 3 7 $ 1 26 w101 -w10 64A 97G 2W 7A A 4-5 —=S-TR TF)RD-0 — 4- ` 97E 704- 1 5A 97F 2 RP 706 3 101 7W 3 5 V 106 97T 8111100 105 102 Ov, 32 33 P10 106 31104 1.11 10S 150 r 1 . il 34 35 12 110 136 34 36 37 13, •' 0 40 122 40 45 155 57 y-26 11Q F 40A ,•-• , N 108 44 22 23 24 7 4 1121, - 734 29 12 2 *13i 7.3043 1 27 28 29}130 a- e42 � .a1 41 #i S 12 *If17: 22. 16 7 11 721x16 15 f 10 y r10 6-14 Frederick County Information Technologies N 107 N Kent St Winchester,VA 22601 we 540-665-5614 s Frederick County does not give any expressed or implied warrenties. 0 155 310 620 Feet AS, conditions,representations,irdemniiesofanykind,statutory,or r I otherwise,concerning any or all of the Frederick County G IS data, 1:3,600 EDINB0R LAND USE MEMORANDUM ma Department of Transportation \.Y' Vi"gi, DATE: September8, 2031 TO: David Frank, PLA, Pannoni FROM: Bradley S. Rigg|ennan, P.E,Area Land Use Engineer RE: Paula Henry Property, Rezoning—VDOT[onnrnents Mr. Frank, Upon review of rezoning application packet for the Paula Henry Property(application received in our office 8/2/2O21),VDOToffers the following comments: 1. The proposed rezoning from @2 to B3 would not result /n a significant change to potential traffic generation, and would not have asignificant impact tothe roadway network. 2. Site access shall be designed and constructed per the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards, and all other applicable specifications and standards. Thank you for the opportunity tocomment onthis Rezoning request. Please feel free to contact me at 540-534-3223 if you have any questions or concerns. Sincerely, Bradley S. Rigg|ernan, P.E. Area Land Use Engineer—EdinburgResidency Cc: Mark R. Cheran, Frederick County Zoning and Subdivision Administrator John A. Bishop,AICP, Frederick Planning and Zoning Assistant Director,Transportation M.Tyler Klein, A|[P, Frederick County Senior Planner FREDERICK 'WATER 315 Tasker Road PH(540)868-1061 Eric R.Lawrence Stephens City,Virginia 22655 Fax(540)868-1429 Executive Director www.FrederickWater.com August 5, 2021 David Frank Pennoni 117 East Piccadilly Street Winchester, Virginia 22601 RE: Rezoning Application Comment Paula Henry Property Tax Map Numbers: 54-A-97U 8.2 acres Dear Mr. Frank: Thank you for the opportunity to offer review comments on the Paula Henry Property commercial rezoning application package, dated July 2021, and received at Frederick Water on July 27, 2021. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. The project parcel is located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water's water and sewer services are available. The application's Impact Statement is silent on the projected quantities of water and sewer generation from the proposed land use but suggest demands will be similar to potential demands under the existing land use permitted by the underlying zoning. It is noted that neither the potential square footage nor the water and sewer demand projections are included in a proffer statement, so actual water and sewer demands could vary significantly based upon ultimate land use. Water service is available via existing 8- and 10-inch water mains located on the property. Adequate drinking water supply presently exists. A Frederick Water sanitary sewer manhole exists on the site. This manhole ultimately enables sanitary sewer flows to be conveyed via gravity sewer to the Opequon Water Reclamation Facility (OWRF). The gravity sewer flows through a series of pipes ranging from 8-inch to ultimately a 36-inch gravity sewer main. Treatment capacity does presently exist at the OWRF. Water At Your Service Page Paula Henry Property comnrne.—al rezoning application David Frank August 5, 2O21 Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of the actual use proposed and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. This letter does not guarantee system capacities toaccommodate your development proposal. Thank you for the opportunity tooffer review comments. Sincerel,e Eric R. Lawrence Executive Director Rezoning Comments Frederick County Department of Public Works Lis— Mail to: Hand deliver to: Frederick County Dept.of Public Works Frederick County Dept. of Public Works Attn:Director of Engineering Attn:Director of Engineering 107 North Kent Street 107 North Kent Street Winchester,Virginia 22601 Suite 200 (540) 665-5643 Winchester,Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer sta onot,1 imp :t sisi and aw-other percent blfojrrotlolul Applicant's Name: Pennon!Associates Inc. Telephone: 540-771-2087 Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester,VA 22601 Location of property: At the intersection of Stratford Dr and Fork Collier Rd, approx. 1,700 LF north of Route 7 Berr oC le Pike Current zoning: B2 _ _ Zoning requested: B3 Acreage: 8.2 Department of Public Works Comments: We, o f G�" Vo a rlf y!7ti�m+-1 G�'�- ,�-► G..7`x z.t ��ll.f �rs t- Ac,-, io rt Lam.,,s io-c re+/r or-c ve- a-,,k "A,#" Public Works Signature &Date: 9"1 Z—Z/ Notice to Dept. of Public Works-Please Return This Form to the Applicant 22 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to; Frederick County Fire Marshal Frederick County Fire&Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540)665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement,impact analysis,and any other pertinent information. Applicant's Name: Pennoni Associates, Inc. -- Telephone: 540-771-2087 Mailing Address: 117 E. Piccadilly Street, Suite 200 'Winchester,VA 22601 Location of property: At the intersection of Strafford Dr and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 Zoning requested: B3 or Mi Acreage: 8.2 Fire Marshal's Comments: /7 Fire Marshal's Signature&Date: :?-3 Notice to Fire Marshal-Please Return This Form to the Applicant 23 PIE;CIEIVVI--0 FIRE OA'RSHA4 F-REDER" COUNTY PLANS APPROVED j i J 2, 8 ?02o FIR MARQUAI%a" . q %ov or FREDERICK COUNTY 3 rederack County Fire and Rc-cue uPp���mPn� Office of the Fire Marsha! ; X 1080 Coverstone Drive Winchester,VA 22602 Phone: 540-665-6350 Fax: 540-678-4739 Mr.. fmo@fcva.us Plan Review Rezoning Stags: Approved lusingss Name Paula O. Henry Property Account8052376 Fort Collier Rd Winchester, Virginia 22602 Printed Date: 08/03/2021 Engineering Firm Pennoni Associates, Inc. "General Information Received Date: 07/28/2021 Occupancy Type: Review Begin Date: 08/03/2021 Property Use: Review End Date: 08/03/2021 Activity Number: 1071036 Hours: 1.5000 Review Cause: New Construction vity Details Project Name Request for Rezoning /40 Adam Hounsheli Lieutenant/Assistant Fire Marshal Page 1 of 1 Rezoning Comments r Frederick County Attorney ` Mail to:. Hand deliver to:, Frederick County Attorney Frederick County Attorney Co. Administration Bldg., 3rd Floor Co. Administration Bldg., 3rd Floor 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Winchester, Virginia (540) 665-6383 Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement,impact analysis, and any other pertinent information. Applicant's Name: Pennoni Associates, Inc._ _ Telephone: 540-771-2087 Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester,VA 22601 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 Zoning requested: B3 Acreage: 8.2 County Attorney's Comments: See Attached Assistant County Attorney's Signature &Date: Notice to County Attorney - Please Return This Form to the Applicant 20 Candice Perkins From: Rod Williams Sent: Monday, November 8, 2021 1:39 PM To: Candice Perkins Subject: FW: '[External]'Re: Paula Henry property rezoning,Tax Parcel 54-A-97U After review, no comment from me on the Henry rezoning. Rod From: David Frank<DFrank@Pennoni.com> Sent:Sunday, October 10, 20217:46 PM To: Rod Williams<rwillia@fcva.us> Cc:Candice Perkins<cperkins@fcva.us>;John Bishop<jbishop@fcva.us> Subject: '[External]'Re: Paula Henry property rezoning,Tax Parcel 54-A-97U Thank you, Rod. I appreciate greatly your after hours attention and work. Have a great week. Get Outlook for iOS David Frank, PLA Office Director Pennoni 117 East Piccadilly Street I Winchester,VA 22601 Direct-+1(540)771-2087 www.pennoni.com I DFrankt@Pennoni.com From: Rod Williams<rwillia@fcva.us> Sent:Sunday, October 10, 20216:10:45 PM To: David Frank<DFrank@Pennoni.com> Cc:Candice Perkins<cperkins@fcva.us>;John Bishop<ibishop@fcva.us> Subject: Paula Henry property rezoning,Tax Parcel 54-A-97U David, I have now reviewed the materials that you forwarded for this proposed rezoning. As discussed, the item does not propose any proffers, so I have no comments to make regarding legal sufficiency of proffers. The materials in support of the proposed rezoning appear to be legally sufficient. I have not reviewed the substance of the proposed rezoning relative to applicable planning considerations, as it is my understanding that review will be done by staff and the Planning Commission. 0 Roderick B. Williams County Attorney Frederick County, Virginia Rezoning Comments City of Winchester Mail to: Hand deliver to: Winchester City Planning Department Winchester City Planning Department Attn: Planning Director Attn: Planning Director 15 North Cameron Street Rouss City Hall Winchester, Virginia 22601 15 North Cameron Street (540) 667-1815 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement,impact analysis, and any other pertinent information. Applicant's Name: Pennom Associates,Inc Telephone: 540-771-2067 Mailing Address: 117 E.Piccadilly Street,Suite 200 Winchester,VA 22601 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, approx.1,700 LF north of Route 7 Berryville Pike Current zoning: 62 Zoning requested: B3 Acreage: 6.2 City of Winchester's Comments: 17� /hf /VL' C /N//Yl�✓l City of Winchester's Signature & Date: fO .20Z Notice to City of Winchestei ase Return This Form to the Applicant 30 Zo he XV A066p*d OW REZONING APPLICATION FREDERICK COUNTY,VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Paula O Henry Specific Contact Person if Other than Above: Address: PO Box 3282, Bald Head Island, NC 284618 Telephone: 910-540-6777 Email: Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party(such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person,if any, serving as the primary contact person for this application: Firm Name: Pennoni Associates, Inc. Specific Contact Person at Firm: David Frank Address: 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 Telephone: 540-771-2087 Email: dfrank@pennoni.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name(if any): Fort Collier Business Park 5. Property Information: a. Property Identification Number(s): 54-A-97U b. Total acreage of the parcel(s): 8.2 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 8.2 d. Current zoning designation(s) and acreage(s) in each designation: B-2 e. Proposed zoning designation(s) and acreage(s) in each designation: B-3 f. Magisterial District(s): Stonewall g. Location -the property is located at(give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): At the intersection of Stratford Drive and Fort Collier Road, approx. 1700 LF, north of route 7 Berryville Pike. h. Adjoining Properties: Parcel ID Number Use Z212im See Attached List Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Ms. Paula Henry Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 29 Location Map P'l Plat Depicting Metes/Bounds of Proposed Zoning Impact Analysis Statement R Proffer Statement (if any) Z Agency Comments Fee Copies of Deed(s) to Property(ies) Tax Payment Verification Ev Digital copies (pdf s) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site in.-Pection purposes. I (we)understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we)hereby certify that this application and its accompanying materials are true and accurate to the best of my(our)knowledge. Owner: Date If signing on behalf of an entity,please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party(if any): Date tot If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2ndfloor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Kimerly G Henry 132 Porto Vecchio Way Property# 54 8 42 Palm Beach Gardens, FL 33418 Name Kimerly G Henry 132 Porto Vecchio Way Property# 54 8 41 Palm Beach Gardens, FL 33418 Name James Michael &Amy Wilson 236 Delmas Trail Property# 54 A 97M Winchester, VA 22602 Name Landon W Furlong 971 Old Factory Road Property# 54 A 97K Strasburg, VA 22657 Name Jeffrey G & Rosanna M Jenkins 1631 Redbud Road Property# 54 A 97J Winchester, VA 22603 Name Rease Enterprises, LLC 750 Baker Lane Property# 54 A 971 Winchester, VA 22603 Name Kimerly G Henry 132 Porto Vecchio Way Property# 54 A 97F Palm Beach Gardens, FL 33418 Name Huntington Meadows Homeowner Assoc. 19 W. Boscawen Street , c/o Don Butler Property# 54L 11 53A Winchester, VA 22601 Name Kimerly G Henry 132 Porto Vecchio Way Property# 54 S 97L Palm Beach Gardens, FL 33418 16 Name and Property Identification Number Address Name Kimerly G Henry 132 Porto Vecchio Way Property# 54 A 97S Palm Beach Gardens, FL 33418 Name Richard L Kent 484 Fort Collier Road Property# 54 8 24 Winchester, VA 22603 Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# Name Property# 17 AD1OINTING PROPERTIES Parcel ID Number Use Zoning 1 54-8-42 Vacant-Commercial B2 2 54-8-41 Vacant-Commercial B2 3 54-A-97M Commercial B2 4 54-A-97K Industrial B2 5 54-A-971 Vacant-Commercial B2 6 54-A-971 Commercial B2 7 54-A-97F Vacant-Commercial B2 8 54L 11 53A Vacant-Exempt RA 9 54-A-97L Commercial B3 10 54-A-97S Commercial B3 11 54-8-24 Commercial B2 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 Phone (540) 665-5651 Facsimile (540)665-6395 Know All Men By These Presents That: Paula a Henry Name of Property Owner/Applicant Please note: If the property owner/applicant is an entity,the name of the entity should appear above. If multiple persons own the property or am applicants,an executed power of atiorney from each owner will be needed. PQ Box 3282, Bald Head Island, N.C.28461 910-540-6777 Mailing Address ofProperty Owner/Applicant Telephone Number as owner of,or applicant with respect to,the tract(s)or parcel(s)of land in Frederick County, Virginia,identified by following property identification numbers: 54-A-97U do hereby make,constitute,and appoint: Pennoni Associates, Inc. Name of Attomey-In-Fact 117 E. Piccadilly Street 540-771-2087 Mailing Address of Attomey-In-Fact Telephone Number to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same full power and authority I would have if acting personally,to file and act on my behalf with respect to application with Frederick County,Virginia for the following,for the above identified property: ✓ Rezoning Subdivision on Conditional Use Permit V Site Plan Master Development Plan (prelim,or final) Variance or Zoning Appeal and,further,my attorney-in-fact shall have the authority too er proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appoint t shall expire one year fro�t the day hat it is signed,or at such sooner time as I otherwise r c' d or codify it. Signature Title (If sl ng on behalf of an entit4'}' State of ,County/City of To wit: otary Public in and for the jurisdiction aforesaid,certify that the person signed th ' i nt personally appeared before me and has acknowledged the before me in the j "tiou afore s< day of ,20 Z CA My Commission Expires: Z Z Z- NotaryJPublic I PUBLIC Registration Number: 1 K CC �"ionin"initllt«it 210003247 This Declaration of Subdivision, Deed, of Dedication, and Deed of Easement GO) ("Declaration") is made and dated as of December 2020,by and among MIERLY �I co G. HENRY, divorced, and PAULA O. HENRY, divorced, parties of the first part and hereinafter called the "Declarants" (Grantors for indexing purposes), and FREDERICK COUNTY,VIRGINIA party of.the second part and hereinafter called "Frederick County" (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY doing business as FREDERICK WATER party of the third part and hereinafter called"Frederick Water"(Grantee for indexing purposes). RECITALS WHEREAS,Declarants are the owners in fee simple of the real property"Property") shown on the plat attached to this Declaration and incorporated herein by this reference (the "Plat"), and being the remaining portion of the same real property conveyed to Declarants from J.P.Darlington and Ruby S.Darlington by deed dated January 28, 1988,and of record in the land records of the Clerk's Office of the Circuit Court of Frederick County, Virginia ("Clerk's Office"),in Deed Book 671,Page 710. WHEREAS, Declarants desire to subdivide the Property, dedicate portions of the Property to Frederick County,Virginia,and grant easements to Frederick Water over portions of the Property upon the terms set forth herein and as shown on the Plat. WHEREAS, the subdivision of the Property by this Declaration is with the free consent and in accordance with the desires of the Declarants, and Declarants desire to subdivide the Property in accordance with the provisions of the local and state laws as are applicable,in force,and in effect as of the date of execution of this Declaration. Page I of 8 co DECLARATION That for and in consideration of the Property and the benefits which will accrue by reason of this Declaration, Declarants do hereby incorporate the above recitals into this Declaration as material terms and take the following actions. 1. Subdivision. Declarants hereby subdivide the Property and create two parcels of land containing 8.204 acres(Tax Map Number 54-A-97U)and containing 7.966 acres(Tax Map Number.54-A-97F)as set forth on the Plat. The platting and subdivision of the Property is made with the consent and approval of Declarants and appropriate authorities of Frederick County,Virginia,as evidenced by the signatures set forth on the Plat. 2. Dedication of Street. Declarants hereby dedicate and convey unto Frederick County,in fee simple and as an improvement to the public street,that portion of the Property five feet in width as set forth and identified on the Plat as "5.00' Strip Hereby Dedicate to Frederick County for R.O.W.,"contiguous with Fort Collier Road,Virginia Route 1322,and containing 0.125 acres,more or less. 3. Slope and Drainage Easements. Declarants hereby grant and convey unto Frederick County: 3.1. A nonexclusive, appurtenant, perpetual easement five feet in width as set forth and identified on the Plat as "5.00' Strip Hereby Added to the Ex. 20' Slope and Drainage Easement,"along the eastern property line of the 8.204 acres parcel,and contiguous with the existing Slope and Drainage Easement established by that instrument of record in the land records of the Clerk's Office in Deed Book 754, Page 592, for the purpose of Page 2 of 8 c. co constructing,maintaining,and repairing the slope and drainage needed for the adjacent road; and 3.2. A nonexclusive, appurtenant,perpetual easement fifteen feet in width as set forth and identified on the Plat as "Hatched Area Denotes a 15' Wide Drainage and Grading Easement Hereby Dedicated," and located at the southeast comer boundary of the 8.204 acres parcel for the purpose of constructing,maintaining, and repairing the slope and drainage needed for the property. 4. Frederick Water Easements. Declarants hereby grant and convey unto Frederick Water, and its successors and assigns, the.nonexclusive, appurtenant, perpetual easements set forth and identified on the Plat as"'Hatched Area Denotes Addition to Ex. Frederick Water Easement to Create A 20'Wide Easement Over the Existing Sewer Line and Manhole," and"Cross-Hatched Area Denotes Proposed Frederick Water Easement Over the Existing Water Line' (the "Frederick Water Easements") for the purpose of installing, constructing,-operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines,including,without limitation,fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines,manholes and other appurtenant facilities(collectively, the"Facilities"),subject to the following conditions: 4.1. All Facilities which are installed in the Frederick Water Easements shall be and remain the property of Frederick Water,and its successors and assigns. 4.2. Frederick Water and its agents shall have full and free use of the Frederick Water Easements for the purposes named, and shall have all rights and privileges Page 3 of 8 reasonably necessary to the exercise of the Frederick Water Easements,including the right access to and fiom the Frederick Water Easements, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance;and further,this right shall not be construed to allow Frederick Water to erect any building or structure of a permanent nature on such adjoining land. 4.3. Frederick Water shall have the right to trim, cut and remove trees, shrubbery, fences,structures or other obstructions in or reasonably near the Frederick Water Easements,including those existing at the time of execution of this Declaration,deemed by it to interfere with the proper and efficient construction, operation, and maintenance of the Facilities;provided,however,that Frederick Water,at its own expense,shall restore,as nearly as possible,to their original condition all land or improvements included within or adjoining the Frederick Water Easements which are disturbed in any manner by the construction, operation,and maintenance of the Facilities.Such restoration shall include(i) the backfilling of trenches,(ii)repaving of asphalt,concrete,composite,and other impervious areas,(iii)the reseeding or resodding of lawns or pasture areas, and(iv)the replacement of trees,flowers, shrubbery, vegetable plants, poroustpermeable paving, pavers, structures, and other obstructions located outside the Frederick Water Easements, but shall not include the replacement of trees,flowers, shrubbery, vegetable plants,porous/permeable paving,pavers, structures,or other obstructions located within the Frederick water Easements. Page 4 of 8 -01 Co 4.4. Declarants and their successors and assigned ("Owner") reserve tipe right to construct and maintain-roadways over the Frederick Water Easements and to make any use of the Frederick Water Easements which may not be inconsistent with the easement rights herein conveyed, or interfere with the use of the Frederick Water Easements by Frederick Water for the purposes listed above;provided,however, that Owner shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Frederick Water Easements without,obtaining the prior written approval of Frederick Water, In the event a use of the Frederick Water Easements by Owner is approved by Frederick Water, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. Owner agrees that no vegetation other than (i) grass, (ii) shrubbery, and(iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Frederick Water Easements; provided, however, that such flowers, shrubbery,and vegetable plants are planted at Owner's risk and Frederick Water shall have no obligation to replant such flowers,shrubbery,and vegetable plants nor to compensate Owner for such vegetation in the eventsuchvegetation is damaged or destroyed during the exercise of Frederick Water's rights under these Frederick Water Easements. 4.5. At such time as any portion of the land within the Frederick Water Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by Frederick Water by this Declaration in such portion of land shall cease and terminate,provided that the Page of Co —.1 Commonwealth of Virginia or any appropriate agency thereof concurrently grants to Frederick Water all necessary permits for the continued operation, maintenance,inspection, repair,and replacement of its facilities in said location. 4.6. The Owner covenants that it is seised of and has the right to convey said Frederick Water Easements,rights,and privileges,that Frederick.Water shall have quiet and peaceable possession,use, and enjoyment of the Frederick Water Easements,rights, and privileges,and that Owner shall execute such further assurances thereof as may be required. 4.7. In the event Frederick Water notifies Owner of a violation of the terms of this Frederick Water Easements and Owner does not cure such violation within thirty(30) days of such notice,.Frederick Water may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's property deemed necessary by Frederick Water to access the Frederick Water Easements or to enforce Frederick Water's rights hereunder. All costs and expenses incurred by Frederick Water in exercising or enforcing its rights hereunder shall be paid or, at Frederick Water's election,reimbursed by Owner within thirty(30) days from the date Owner receives a bill or invoice from Frederick Water for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per year. Frederick Water shall have the right to enforce the terms of this Frederick Water Easements by any remedy available at law or in equity. 4.8. If Frederick Water is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of the Frederick Water Easements, Page 6 of 8 -0 then Frederick Water shall be awarded its costs and expenses, including reasonable attorney CO 00 fees. 4.9. Declarants agree that the agreements and covenants stated in this Declaration are not covenants personal to Declarants but are covenants running with the land which are and shall be binding upon Declarants, their heirs, personal representatives, successors,and assigns. 5. Frederick County,Virginia,and The Frederick County Sanitation Authority by the signature of each of its authorized agents on the.Plat do accept the dedication to public domain and easements respectively herein described as such. WITNESS the following signatures and seals. STATE of CITY) OUNTY TO-WIT: The foregoing instrument was acknowledged before me this day of � r ,2x,by Kimerly G.Henry. My commission expires 02-1261202-2— I 2- 202-2-_. Registration No. GCA {(,�•t{�, g LYNN sAl :0\ w'QTS,• GOa�jpRY,7. 7 y ?p�`y, otary Pu lic acc 167420 ... -..... ... r ..,.. Page 7 of 8 1 CX) 'J-' (SEAL) Paula O.Henry,by John WilliAgh—am, her attorney in fact under Power of Attorney, dated February 16,2021 Vwdefick county.VA/circuit court COMMON*WEALTH OF VIRGINIA, CITY OF WINCHESTER,TO-WIT: The foregoing instrument was acknowledged before me this .213TJ day of "2021, by John Willingham,attorney in fact for Paula O. Henry, under Power of Attome dated February 16,2021; My commission expires Registration No. J[o'7_J i�Public slephaniei() e r Commonwealth of Virginia Notary Public Commission No.7162129 This Document Prepared by: Benjamin M.Butler,Esq. 112 S.Cameron St Winchester,VA 22601 Va.State Bar 403157 Page 8 of SITE VICINITY MAP 1 2000' ©1}TE 7 LJt5EMY-VILLCAVENUE M XIT 315 A MINOR SUBDIVISION ON THE LANDS OF THE KtrMER L Y G. HENR Y A ND PAULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 20, 2020 SURVEYOR 5 CERTIFICATE IHEREBYCER77FY THE PARCEL CONTAINED IN THIS MINOR SUBDIVISION 15 THE LAND CONVEYED To KIMERLy G. HENRYAND PAULA 0.HENRYFROmi.A DARLINGTONAND RUBYS.DARLINGTON BYDEED DA7EDIANUARY28,1988 OF RECORD INDEED BOOK 671 ON PAGE 710,OFRECORD IN THEFREDERICK COUNTY CIRCUIT COURT CLERK'OFFICE. CA?W OATES,LAND SURVEYOR AREA TABULATION PARCEL ZONED USE EX.AREA ADJ.AREA 54-(A)-97F B-2 VA-6iiff 16.295AC 7.966AC, 54-(A)-97U B-2 VACANT NIA 8.204 AC. R.O.W.DEDICATION B-2 VACANT NIA 0.125AC, TOTAL 16.295AC 16.295AC, NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE,INC IN Ocrom OF 2020. Z BASIS OFNERIDIANIS GRID NORTH OF THE VIRGINIA STATE PLANE COORDINATE SYSTEM. 3. A TITLE REPORT HAS NOT BEEN FURNISHED;THEREFORE,OTHER EASEMENTS OR ENCUMBRANCES MA YEXIST THA TARE NOT SHOWN ON THIS PLAT. 4. THERE WAS NO READAYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 5. THIS PARCEL IS LOCATED ON FLOOD INSURANCE RATE MAPS NO,51069020 IN FLOOD ZONE WAREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2,2009. APPROVAL FREDERICK WATER DATE �PLTH VIRGIN VTRANSPORT N DA RED Irk-Col SUBDIVISION ADMINISTR4 710R DA 77 X ES D 1073 Redbud Road A: . 1518-B GreyWoffe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWo1fe1nc&o1.com 540-667-2001 OFC SURN�yG 540-545-4001 FAX DRAWN BY.• GRO FILE NO, 0664 SHEET 1 OF 8 OWNER'S CERTIFICATE C.- THIS :THIS MINOR SUBDIVISION SURVEY OF THE LAND OFKIMERLYG.HENRYAND PAULA O.HENRYASAPPEARS ON THE ACCOMPANYING FLAT IS WITH THE CONSENT OFAND M ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, t PROPRIETORS,AND TRUSTEES,IFANY. ATURE-KIMERLYG RY COMM t QC VIRGINJA CIT}'COUNTY ~�,TO WIT:•mrFOREGOING OWNERS CERTIFICATE WASACXNOWLEDGED BEFORE ME THIS �,�'° PRIMED ER PRINTED NOTARYPUBLrj SI TU REGISTRATION NUMBER MY COMMISSION EXPIRES Cy_r__>64 ,+asayQ i SOLOS,, SEAL � 4cfi �rtr�nitr``aa Sl TURF-PAULA 0.HENRY b J�ttn V3iili�� 7 y COMMONWEALTH OF VIRGINIA CnYl68dwoF W 1'.l cWe6b+k TO{YIT•THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME TRS�n ;1��D�AroF� � :Z�2i BY., PRINTED OWNER ITUR 1� StephanieJoWebster REGISTRA77ONNUMBER Commomveanh of Virginia .� ` Notary Pubiic MYCQ ISSIONEXPIRES .t�V . ,zpyze •. commission No.x713129 --__-�� NryCommissiorr Expires T131r1022 SEAL FINAL PLAT FOR 4TH OF A MINOR SUBDIVISION Q � Ll�C ON THE LAND OF � KIMERL Y G. HENRY AND PAULA D. HENRY O E U G Y R. T' STONEWALL MAG'IS'TERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA , 1518-8 /0,2,cs z- ., 1073 Redbud Road Greyftlfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreYWolfelnc@aoicom SURA 540-667-2001 OFC 540-545-4001 FAX FELE NO: 0664 DATE: OCTOBER 20, 2020 1 SCALE: n/a SHEET 2 OF 8 200' CJ` 200' GRAPHIC SCALE , 'Y !y 4 / s s O u 53654,00'" W �tp� i© '�. f' • 54-(A)-97U ti KIMERLY G.HENRY,ET UX t D8671,PG 710 /Cl ®p 3.,��,F�p� �� ~'`•. ZONED:B-2 /C'3O oti 8.204 ACRES fs�o`'QQ ��d "•.. 5.00'STRIP HEREBY i DEDICATE TO j ©�c� "'':�ry FREDERICK COUNTY t p q �p. F FOR R.O.W. I hp�© ifs 0 r 54-(A)-97F KIMERLYG.HENRY,ET DB 671,PG 710 I` ZONED:B-2 ,y 2966 ACRES �F All VOW # RADIUS ARC DELTA BEARING CHORD C-1 665.00' 673.67 58°0235" 500008'15"W 645.23' C-2 665.00' 47.53' 4°05'44" S 31°12'25"W 47.53' G3 25.00' 38.76' 8804953" 582°0831"W 34.99' G4 25.00' 39.78' 91009,51" S 07051'46'E 35.71' C-5 425.00' 76.68' 10020'14" N 41-4333'E 76.57` C-6 25.00' 45.38' 104000'12' N 05°0675"W 39.40' G7 665.00' 105.10' 900320' S54°0738'E 104.99' C-8 25.00' 37.33' 8503348" S 87037'07"W 33.96' C-9 300.00' 14.25' 204317" 546°1151"W 14.25` C-10 375.00' 72.00' 11000'04' S 42°0328'W 1 71.89' FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENRY AND PAULA O. HENR Y (U9 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA y1073RedbudRoad 1� GreyWolfe, Ines'. Winchester, VA 22603 * land Surveying and Consulting GreyWohelnc@aoLcom 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20,2020 1 SCALE: 1"=200' SHEET 3 OF 8 �, f\\/J f f �, c, '054-(A)-97i , RE45FEN7FRPR15kSLC 080005015 ZONED:B-2 @ 1'12-IRF %"IRF 54-(A)-97H BOWMAN&BOWMAN 41, tOY2'IRF DB 680,PG 564 6s r6' ZONED:B-2 58-IRF O C-3 PP 54-(A)-97F O 3 KIMERL Y G.HENRY,ET UX 18 IRF DB 671,PG 710 ZONED:B-2 7.966 ACRES 54-(A)-97G CHARLES A.RIDGEWAY 090013309 ZONED:B-2 54-(A)-97E @ MILL CREEK6, INVESTMENTS,LLC 01 60' 01 60' 150012695 ZONED:B-2 -p GRAPHIC SCALE 54-(A)-977- :P91 FRATERNAL ORDER 40, OF EAGLES 040000864 ZONED:B-2 SEE CURVE TABLE ON SHEET FINAL PLAT FOR ,�-T H op�, %,TH 0, A MINOR SUBDIVISION ON THE LAND OF 'PIC, KIMERL Y G. HENR Y AND PA ULA O. HENR Y 2 UX�' S—P STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA iN R.1518-8 J6 26o1073 Redbud Road <' S U P"J "q- i�. GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting Gre54y0-667-2001 WolfbincOwl com ORC 540-545-40 FAX FILE NO: 0664 DATE. OCTOBER 20,2020 I-7-AL.E.- 1-=60' 1 SHEET 6 OF 8 54-(8)-41 KINERL Y G.HENRY,ET UX DS 801,PG 445 ze ZONE&B-2 CD ---i 54-(8)-41 %_0 XIMERL Y G.HENRY,ET UX CF DB 801,PG 445 54-(A)-97M ZONED:B-2 JAMES MICHAEL wasoN 100011285 ZONED:B-2 54-(A)-97K LANDON W.FURLONG DB 777,PG 1870 `per'' 050008754 EX.30'DRAINAGE ZONED:B-2 EASEMENT DB 709,PG 773 % IRF EX.30'DRAINAGE EASEMENT D8 701,PG 566 54-(A)-971 JEFFREY G.JENKINS,ET UX 050008754 ZONED.-B-2 54-(A)-97V KIMERLY6.HENRY,ErUX DB 671,PG 710 EX.30'DRAINAGE ZONED:8-2 EASEMENT 8.204 ACRES 54-(A)-97i DB 701,PG 566 REASE ENTERPRISES,UC 080005015 ZONED:B-2 Qp HATCHED AREA DENOTES A 15'WIDE DRAINAGE AND GRADING EASEMENT HEREBYDEDICATED % IRF 54-(A)-97F KINERL Y G.HENRY,ET UV DB 671,PG 710 601 01 60' ZONED:B-2 Z966ACRES GRAPHIC SCALE FINAL PLAT FOR LT H T H OF,, Op A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PAULA O. HENR Y JY`� STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1518-B 1073 Redbud Road-Z—.2- GreyWoffe, Inc. Winchester, VA 22603 S R\l t4l Land Surveying and Consulting GreyWolfelnc@aol.com U 540-667-2001 OFC 540-545-4001 FAX F--T,7,ENO: 0664 JDATE: OCTOBER 20, 2020 ISCALE: 1": 60' 1 .SHEET 7 OF 8 DRAINAGE EASEMENT EX.5'SLOPEAND J D8 801,PG 449 EX,SLOPEAND DRAINAGE EASEMENT ARC D6 754,PG 59228.96' 54-(8)-41 XIMERL YG Er ar 801 PG I D8 ,PC 4�5 ZONED:8-2 18'IRF ARC 0 EX 5 SANIrARYSEWER 40.09' EASEMENT DB 801 PG 449 m C-8 IRF R CROSS-HATCHED AREA O DENOTESPROPOSED FREDERICK W4 TER EASEMENT OVER THE EX.30'DRAINAGE Sla"IRF m EXIS77NG WATER LINE EASEMENT 27.37 D8 709,PG 773 S/8 IRF(D. pp jj HATCHED AREA DENO rES ADDITION TO EX,FREDERICK WATER EASEMENT TO CREATE A 20'WIDE EASEMENT OVER THE EXISTING SEWER LINE AND MANHOLE RICH4 D M181i.24 KENT TRANSFORMER Q 100006304ZONED:B-2 54-(A)-97U KIMERL Y G.HENRY,ET UX DB 671,PG 710 ZONED:B-2 8.204 ACRES JRF 60' 01 60' GRAPHIC SCALE SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR �,tt*T H Opj�,;' A MINOR SUBDIVISION ON THE LAND OF KNERL Y G. HENR Y A ND PA ULA O. HENR Y R. ES STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1518-B --76 20 Ail1,._ 1073 Redbud Road <' - 11,7�-Greyftlfe, Inc. Winchester, VA 22603 SND --41 —-Land Surveying and Consulting GreyWolfelocPaol com sup'NI 540-667-2001 OFC 540 545-4001 FAX FILE NO: 0664 DATE." OCTOBER 20,2020 1 SCALE: 1". 00'—j SHEET 8 OF 8-1 -0 G-) 0: VIRGINIA:FREDERICK COUN'TY.SCT. This instrument of writing was produced to me on ;?s- 0/21, �-k -�--I ? I t — a and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec.58.1-802 of ...........,and 58.1-801 have been paid,if assessable. Omex.k ) Clerk SITE VICINITY MAP 1 2000' ©1}TE 7 LJt5EMY-VILLCAVENUE M XIT 315 A MINOR SUBDIVISION ON THE LANDS OF THE KtrMER L Y G. HENR Y A ND PAULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 20, 2020 SURVEYOR 5 CERTIFICATE IHEREBYCER77FY THE PARCEL CONTAINED IN THIS MINOR SUBDIVISION 15 THE LAND CONVEYED To KIMERLy G. HENRYAND PAULA 0.HENRYFROmi.A DARLINGTONAND RUBYS.DARLINGTON BYDEED DA7EDIANUARY28,1988 OF RECORD INDEED BOOK 671 ON PAGE 710,OFRECORD IN THEFREDERICK COUNTY CIRCUIT COURT CLERK'OFFICE. CA?W OATES,LAND SURVEYOR AREA TABULATION PARCEL ZONED USE EX.AREA ADJ.AREA 54-(A)-97F B-2 VA-6iiff 16.295AC 7.966AC, 54-(A)-97U B-2 VACANT NIA 8.204 AC. R.O.W.DEDICATION B-2 VACANT NIA 0.125AC, TOTAL 16.295AC 16.295AC, NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE,INC IN Ocrom OF 2020. Z BASIS OFNERIDIANIS GRID NORTH OF THE VIRGINIA STATE PLANE COORDINATE SYSTEM. 3. A TITLE REPORT HAS NOT BEEN FURNISHED;THEREFORE,OTHER EASEMENTS OR ENCUMBRANCES MA YEXIST THA TARE NOT SHOWN ON THIS PLAT. 4. THERE WAS NO READAYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 5. THIS PARCEL IS LOCATED ON FLOOD INSURANCE RATE MAPS NO,51069020 IN FLOOD ZONE WAREAS DETERMINED TO BE OUTSIDE THE 0.2%ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2,2009. APPROVAL FREDERICK WATER DATE �PLTH VIRGIN VTRANSPORT N DA RED Irk-Col SUBDIVISION ADMINISTR4 710R DA 77 X ES D 1073 Redbud Road A: . 1518-B GreyWoffe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWo1fe1nc&o1.com 540-667-2001 OFC SURN�yG 540-545-4001 FAX DRAWN BY.• GRO FILE NO, 0664 SHEET 1 OF 8 OWNER'S CERTIFICATE C.- THIS :THIS MINOR SUBDIVISION SURVEY OF THE LAND OFKIMERLYG.HENRYAND PAULA O.HENRYASAPPEARS ON THE ACCOMPANYING FLAT IS WITH THE CONSENT OFAND M ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, t PROPRIETORS,AND TRUSTEES,IFANY. ATURE-KIMERLYG RY COMM t QC VIRGINJA CIT}'COUNTY ~�,TO WIT:•mrFOREGOING OWNERS CERTIFICATE WASACXNOWLEDGED BEFORE ME THIS �,�'° PRIMED ER PRINTED NOTARYPUBLrj SI TU REGISTRATION NUMBER MY COMMISSION EXPIRES Cy_r__>64 ,+asayQ i SOLOS,, SEAL � 4cfi �rtr�nitr``aa Sl TURF-PAULA 0.HENRY b J�ttn V3iili�� 7 y COMMONWEALTH OF VIRGINIA CnYl68dwoF W 1'.l cWe6b+k TO{YIT•THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME TRS�n ;1��D�AroF� � :Z�2i BY., PRINTED OWNER ITUR 1� StephanieJoWebster REGISTRA77ONNUMBER Commomveanh of Virginia .� ` Notary Pubiic MYCQ ISSIONEXPIRES .t�V . ,zpyze •. commission No.x713129 --__-�� NryCommissiorr Expires T131r1022 SEAL FINAL PLAT FOR 4TH OF A MINOR SUBDIVISION Q � Ll�C ON THE LAND OF � KIMERL Y G. HENRY AND PAULA D. HENRY O E U G Y R. T' STONEWALL MAG'IS'TERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA , 1518-8 /0,2,cs z- ., 1073 Redbud Road Greyftlfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreYWolfelnc@aoicom SURA 540-667-2001 OFC 540-545-4001 FAX FELE NO: 0664 DATE: OCTOBER 20, 2020 1 SCALE: n/a SHEET 2 OF 8 200' CJ` 200' GRAPHIC SCALE , 'Y !y 4 / s s O u 53654,00'" W �tp� i© '�. f' • 54-(A)-97U ti KIMERLY G.HENRY,ET UX t D8671,PG 710 /Cl ®p 3.,��,F�p� �� ~'`•. ZONED:B-2 /C'3O oti 8.204 ACRES fs�o`'QQ ��d "•.. 5.00'STRIP HEREBY i DEDICATE TO j ©�c� "'':�ry FREDERICK COUNTY t p q �p. F FOR R.O.W. I hp�© ifs 0 r 54-(A)-97F KIMERLYG.HENRY,ET DB 671,PG 710 I` ZONED:B-2 ,y 2966 ACRES �F All VOW # RADIUS ARC DELTA BEARING CHORD C-1 665.00' 673.67 58°0235" 500008'15"W 645.23' C-2 665.00' 47.53' 4°05'44" S 31°12'25"W 47.53' G3 25.00' 38.76' 8804953" 582°0831"W 34.99' G4 25.00' 39.78' 91009,51" S 07051'46'E 35.71' C-5 425.00' 76.68' 10020'14" N 41-4333'E 76.57` C-6 25.00' 45.38' 104000'12' N 05°0675"W 39.40' G7 665.00' 105.10' 900320' S54°0738'E 104.99' C-8 25.00' 37.33' 8503348" S 87037'07"W 33.96' C-9 300.00' 14.25' 204317" 546°1151"W 14.25` C-10 375.00' 72.00' 11000'04' S 42°0328'W 1 71.89' FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENRY AND PAULA O. HENR Y (U9 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA y1073RedbudRoad 1� GreyWolfe, Ines'. Winchester, VA 22603 * land Surveying and Consulting GreyWohelnc@aoLcom 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20,2020 1 SCALE: 1"=200' SHEET 3 OF 8 �, f\\/J f f �, c, '054-(A)-97i , RE45FEN7FRPR15kSLC 080005015 ZONED:B-2 @ 1'12-IRF %"IRF 54-(A)-97H BOWMAN&BOWMAN 41, tOY2'IRF DB 680,PG 564 6s r6' ZONED:B-2 58-IRF O C-3 PP 54-(A)-97F O 3 KIMERL Y G.HENRY,ET UX 18 IRF DB 671,PG 710 ZONED:B-2 7.966 ACRES 54-(A)-97G CHARLES A.RIDGEWAY 090013309 ZONED:B-2 54-(A)-97E @ MILL CREEK6, INVESTMENTS,LLC 01 60' 01 60' 150012695 ZONED:B-2 -p GRAPHIC SCALE 54-(A)-977- :P91 FRATERNAL ORDER 40, OF EAGLES 040000864 ZONED:B-2 SEE CURVE TABLE ON SHEET FINAL PLAT FOR ,�-T H op�, %,TH 0, A MINOR SUBDIVISION ON THE LAND OF 'PIC, KIMERL Y G. HENR Y AND PA ULA O. HENR Y 2 UX�' S—P STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA iN R.1518-8 J6 26o1073 Redbud Road <' S U P"J "q- i�. GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting Gre54y0-667-2001 WolfbincOwl com ORC 540-545-40 FAX FILE NO: 0664 DATE. OCTOBER 20,2020 I-7-AL.E.- 1-=60' 1 SHEET 6 OF 8 54-(8)-41 KINERL Y G.HENRY,ET UX DS 801,PG 445 ze ZONE&B-2 CD ---i 54-(8)-41 %_0 XIMERL Y G.HENRY,ET UX CF DB 801,PG 445 54-(A)-97M ZONED:B-2 JAMES MICHAEL wasoN 100011285 ZONED:B-2 54-(A)-97K LANDON W.FURLONG DB 777,PG 1870 `per'' 050008754 EX.30'DRAINAGE ZONED:B-2 EASEMENT DB 709,PG 773 % IRF EX.30'DRAINAGE EASEMENT D8 701,PG 566 54-(A)-971 JEFFREY G.JENKINS,ET UX 050008754 ZONED.-B-2 54-(A)-97V KIMERLY6.HENRY,ErUX DB 671,PG 710 EX.30'DRAINAGE ZONED:8-2 EASEMENT 8.204 ACRES 54-(A)-97i DB 701,PG 566 REASE ENTERPRISES,UC 080005015 ZONED:B-2 Qp HATCHED AREA DENOTES A 15'WIDE DRAINAGE AND GRADING EASEMENT HEREBYDEDICATED % IRF 54-(A)-97F KINERL Y G.HENRY,ET UV DB 671,PG 710 601 01 60' ZONED:B-2 Z966ACRES GRAPHIC SCALE FINAL PLAT FOR LT H T H OF,, Op A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PAULA O. HENR Y JY`� STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1518-B 1073 Redbud Road-Z—.2- GreyWoffe, Inc. Winchester, VA 22603 S R\l t4l Land Surveying and Consulting GreyWolfelnc@aol.com U 540-667-2001 OFC 540-545-4001 FAX F--T,7,ENO: 0664 JDATE: OCTOBER 20, 2020 ISCALE: 1": 60' 1 .SHEET 7 OF 8 DRAINAGE EASEMENT EX.5'SLOPEAND J D8 801,PG 449 EX,SLOPEAND DRAINAGE EASEMENT ARC D6 754,PG 59228.96' 54-(8)-41 XIMERL YG Er ar 801 PG I D8 ,PC 4�5 ZONED:8-2 18'IRF ARC 0 EX 5 SANIrARYSEWER 40.09' EASEMENT DB 801 PG 449 m C-8 IRF R CROSS-HATCHED AREA O DENOTESPROPOSED FREDERICK W4 TER EASEMENT OVER THE EX.30'DRAINAGE Sla"IRF m EXIS77NG WATER LINE EASEMENT 27.37 D8 709,PG 773 S/8 IRF(D. pp jj HATCHED AREA DENO rES ADDITION TO EX,FREDERICK WATER EASEMENT TO CREATE A 20'WIDE EASEMENT OVER THE EXISTING SEWER LINE AND MANHOLE RICH4 D M181i.24 KENT TRANSFORMER Q 100006304ZONED:B-2 54-(A)-97U KIMERL Y G.HENRY,ET UX DB 671,PG 710 ZONED:B-2 8.204 ACRES JRF 60' 01 60' GRAPHIC SCALE SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR �,tt*T H Opj�,;' A MINOR SUBDIVISION ON THE LAND OF KNERL Y G. HENR Y A ND PA ULA O. HENR Y R. ES STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1518-B --76 20 Ail1,._ 1073 Redbud Road <' - 11,7�-Greyftlfe, Inc. Winchester, VA 22603 SND --41 —-Land Surveying and Consulting GreyWolfelocPaol com sup'NI 540-667-2001 OFC 540 545-4001 FAX FILE NO: 0664 DATE." OCTOBER 20,2020 1 SCALE: 1". 00'—j SHEET 8 OF 8-1 11/5/21,9:38 AM Untitled Page Ct Pay/fLovoktup Tnxes. Inquiry of Real Estate Map Number: 54 A 97U if No outstanding tickets were found. https://fctaxes.co.frederick.va.us/Applications/TR—Paytaxes/TicketsByMap.aspx?MACCT=8052376 1 J1