HRAB 02-20-07 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Historic Resources Advisory Board
FROM: Kevin T. Henry, Planning Technician �*
RE: February Meeting Agenda
DATE: February 12, 2007
The Frederick County Historic Resources Advisory Board (HRAB) will be meeting on
Tuesday, February 20 2007 at 6:30 .m., in the Board of Supervisors' Executive
Session Room* in the Frederick County Administration Building, 107 North Kent Street,
Winchester, Virginia. The HRAB will discuss the following items:
AGENDA
Vice -Chairman Election
2. January Minutes
3. Ervin Development Rezoning Proposal (Painter -Lewis)
4. Willa Cather property preservation plan
5. Meeting Date Change Discussion
6. Other
Please contact this office if you will not be able to attend the meeting. Thank you.
*PLEASE NOTE MEETING LOCATION
Access to this building is limited during the evening hours. Therefore, it will be
necessary to enter the building through the rear door of the Board Room. I would
encourage committee members to park in the county parking lot located behind the
new addition (accessible off of Cameron Street).
KTHibad
Attachments
107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000
•
C:
•
Frederick County Historic Resources Advisory Board (HRAB)
January 16, 2007
Held in the Board of Supervisors Executive Session Room of the County
Administrative Building at 107 N. Kent Street, Winchester, VA.
Members Present: Rhoda Kriz (Chairman), Elizabeth Fravel, Martin Killingbeck, Maral
Kalbian (Consultant), Gary Oates (Planning Commission Liaison).
Members Absent: Virginia McClure, Mary Turner.
Staff- Kevin Henry- Planning Technician, Lauren Krempa, Zoning Inspector
Agenda Items: September 2006 Minutes, November 2006 Minutes, and I-81 Distribution
Center rezoning proposal (Triad Engineering).
Other: Willa Cather grant possibilities.
The meeting began at 6:30 P.M. The first item of the agenda was the election of officers.
The first nominations were for the Chairman seat. Ms. Fravel nominated Chairman Kriz,
which was seconded by Mr. Killingbeck. Chairman Kriz was unanimously reappointed
Chairman of the HRAB. The HRAB decided to hold the election of Vice -Chairman until
next month to allow for more voting members to be present for nominations. The final
nomination was for Secretary, which Mr. Henry was unanimously reappointed.
Both the September 2006 and November 2006 minutes were unanimously approved with
an amended change to the November 2006 minutes that included a notation in regards to
the viewshed preservation of Spring Hill in Winchester. The City of Winchester was
dually notified of the rezoning request and additions were made to the minutes.
The third item on the agenda for the meeting was for the HRAB to evaluate the I-81
Distribution Center rezoning proposal. The application was represented by Triad
Engineering who made a brief presentation on the rezoning and then asked for questions
from the HRAB. Ms. Kalbian specifically inquired about the determination of the
Nathaniel Branson House being ineligible for state registry. Ms. Kalbian suggested that
the owner fill out a Preliminary Information Form (PIF) to help determine the eligibility
of this structure for state recognition because she disagreed with the determination the
applicant had made on the rezoning proposal. Ms. Kalbian went on to say that the last
time a survey was conducted on the Nathaniel Branson House was 1990, at which time
the structure received a relatively high rating, 4/5. As a final suggestion for this structure,
Ms. Kalbian suggested that the applicant should preserve this structure for an office use
related to the Distribution Center.
Chairman Kriz asked the applicant to describe what environmental assessments have
been done on the property. Mr. Dunlap, of Triad Engineering stated that a Phase I
environmental assessment had been done, which seeks to find hazardous materials or
other intrusive materials.
Ms. Kalbian mentioned that protection of the property (Alexander Branson) across Route
11 needs to be taken into consideration. Mr. Lawson, attorney representing Triad, stated
that the applicant would be willing to place a landscaped berm along Route 11 to help
avoid negative impact on the viewshed of the Alexander Branson House.
Representatives from Triad Engineering pointed out that the large industrial building to
be constructed would be an attractive fagade.
The HRAB recommended that the applicant provide a PIF for the Nathaniel Branson
House and viewshed protection for the Alexander Branson House across Route 11, by
placing a landscaped berm on the applicant's side of the Route 11 (western side).
Before closure of the meeting Staff went over projects in the works. The possibility of a
grant for the Willa Cather birthplace will be researched and presented at the next
meeting. Some closing thoughts were given by Commissioner Oates in lieu of the I-81
Distribution Center proposal, in that the HRAB or the Comprehensive Plan & Programs
Subcommittee needs to closely look at the Martinsburg Pike design standards, with
respect to historical properties/structures.
There being no other business the HRAB adjourned at 7:45 P.M.
J
•
Item # 3
Ervin. Development Rezoning Proposal
The Historic Resources Advisory Board has been requested to review and provide
comment on the Ervin Development rezoning proposal (pharmacy use), which has been
submitted by Painter -Lewis. The proposal seeks to rezone 2.2 acres from the RP
(Residential Performance) Zoning District to the B2 (General Business) Zoning District.
The property is located east of Winchester. More specifically, on the southeast quadrant
of the Senseny/Greenwood Road intersection (see location map).
The.Study of Civil War Sites in the Shenandoah Valley, published by the National Park
Service, does not identify the rezoning site or the surrounding areas as being part of a
battlefield. The Rural Landmarks Survey Report for Frederick. County Virginia identifies
one structure located on the property, which is potentially significant:
• Greenwood School (#34-421)
o See staff text and photo attachments from Frederick County, Virginia:
History Through Architecture.
There are also two sites that are located within close proximity to the project. These
properties are:
• Rt. 657 House (#34-422)
• Taylor-Sylvie House (434-414)
Please find attached for your information: a map of the site; the impact analysis; and, the
proffer statement provided by the applicant. Representatives of the applicant will be
available at the HRAB meeting to provide additional information on the proposed
rezoning. Staff will be seeking comments from the HRAB on the historical elements
possibly impacted by the proposed development. The comments will be included in the
rezoning application package for the Ervin Development rezoning proposal when it is
submitted.
138
Modern Expansion Through World War II
Figure 5.43
• The Kauffman School is
t located east of Stephenson and
was closed in 1941. Currently
used as a residence, its exterior ,
- _~� �-.-�:. form is still easily identifiable as
a school.
(Photo by Beverly Pearce; courtesy of
Rural Landmarks Survey)
gore 5.44
ituated in the community of
3reenwood, east of Winchester,
the Greenwood School is one
of only a few schools con-
structed of formed rusticated -
concrete block. The windows
were originally six -over -six -sash;
and a bell tower once sat on
the roof.
(Photo by Maral S. Kalbian)
5
I
Figure 5.45
Round Hill School operate
as an elementary school und.
closed in 1974. Although it ,
retains its character -defining;'
features, it is currently used
a residence. },
(Photo by Maral S. Kalbian)
Figure 5.46
Closed in 1974, Whi
School, also known c
Hall Graded School
the Apple Pie Ridge a
Hall communities.
(Photo by Ben Ritter)
5
I
Figure 5.45
Round Hill School operate
as an elementary school und.
closed in 1974. Although it ,
retains its character -defining;'
features, it is currently used
a residence. },
(Photo by Maral S. Kalbian)
n School is
'Stephenson a
1941, Currently,
lence, its extend,.'
sily identifiable as
9 Pearce; courtesy o
Survey)
community of
ast of Wincheste
>d School is cmE
;chools con-
ned rusticated
The windows,
or once sat on
S. Ralbian)
:hool operated
ry school untie
Although it st.
tcter-defining
.rrently used as
sire 5.46
,sed in 1974, White Hall
1001, also known as White
ll Graded School, served
Apple Pie Ridge and White
7 communities.
by Ben Ritter)
1901-1945 139
ters. The county's only pre -1946 school still in operation is
Gainesboro Elernentary School, constructed in 1935.
With increased state control over education, conformity in cur-
ricula and building designs for schools was emphasized. By 1911, the
Department of Public Instruction was furnishing plans for more than
a dozen types of schoolhouses.
The Kauffman School is one of four schools in the county that
share an almost identical form (Figure 5.43).23 These multi -room
school buildings are generally rectangular in form and have recessed
entries and unusual recessed comers. Exterior decoration is usually
limited to a front porch or belfry.
Most of the school buildings from this era were frame, although
Greenwood School, built around 1909 and closed in 1942, was con-
structed of formed rusticated concrete block (Figure 5.44). Round
Hill School, one of several large elementary schools built in the
county during this period, was constructed in 1915 (Figure 5.45).
This handsome one-story brick building, laid in six -course American
bond, is of the Colonial Revival style and features two -over -two -
sash windows with segmental brick arches, a round -arched recessed
entry vestibule, large paired six -over -six -sash windows along the side
elevations, and a pedimented portico with square Doric columns.
Round Hill School closed in 1974, when it was privately purchased
and converted into a residence.
White Hall School, constructed ca. 1910, was the second school
built for the community of White Hall (Figure 5.46). The two-story,
hip -roofed, frame vernacular building is clad in stucco and contains
its original triple six -over -six -sash windows, and formal entrance
with sidelights and transom around the door. The metal fire escape
and front portico add to the institutional character of the building,
which is now used as aparffnents.
HISTORIC RESOURCE ADVISORY BOARD
REVIEW APPLICATION
.Q-�cK CpG
ti�
O t
r
Frederick County
107 North Kent Street, Suite 202 MEETING DATE
Winchester, Virginia 22601
Telephone: (540) 665-5651
Fax: 540 665-6395 DATE STAMP
Description of Application: Please describe briefly the request of the application: (rezoning, master development plan,
conditional use permit). Please be specific.
i'►e�or�ux Torn /1P ;6 82. Sc>07'i7e- II uad oolcad -Y'n I)w
/A Kog} t WY's Qlnt. j,-4 (vA Rod
else hG rme, 6 `
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.
Copy of required application as described in 1.1 (1.1.1-1.1.4)
Description of proposed development or construction project, including proposed uses and general timeframe 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)
Photographs (color) of all historic resources on the property (1.4)
Please note that the applicant or his/her appointed representative must be present at the meeting.
IMPACT ANALYSIS STATEMENT
PROPOSED RIEZZ NTNG
for
Ervin Development Corporation — 1932 Senseny Road
Redbud Magisterial District
Frederick County, Virginia
January 26, 2007
Prepared for: Mr. David Ervin
Ervin Development Corporation
Winchester, Virginia 22601
Prepared by: PAINTER-LEWIS, P.L.C.
116 South Stewart Street
Winchester, VH 22601
Tel.: (540)662-5792
email: office@painteriewis.com
Job Number: 0611002
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
IMPACT ANALYSIS STATEMENT
TABLE OF CONTENTS
cn mnf;�"
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
i. INTRODUCTION
Ervin Development Corporation (the Applicant) proposes to rezone two parcels of land
located in the southeast quadrant at the intersection of Senseny Road, VA Route 657,
and Greenwood Road, VA Route 656, in Frederick County, VA. The parcels are both
currently zoned RP (Residential Performance District) and are identified as TM#'s 55-A-
196 and 65A-2-1. It is the applicant's desire to have these parcels rezoned to B2
(Business General District). The total area requested is approximately 2.2 acres. The
description of B2 zoning in the Frederick County Zoning Ordinance states that general
business areas are located at major intersections, involve frequent and direct access by
the general public, and should have direct access to major thoroughfares. Considering
this and that all other parcels at this intersection are currently zoned B2 or contain
commercial uses we believe that this site is suited for rezoning to the Business General
District.
A. SITE SUITABILITY
The subject parcels are located at the corner of a major intersection within the Urban
Development Area established by Frederick County as shown on Exhibit 2. Although
the subject site lies within an area designated as residential, it is also located at a busy
intersection where B2 uses would be beneficial and convenient for neighboring
residents to access for their daily needs. The properties in the northwest and southwest
quadrants of this intersection are currently zoned B2. The property in the northeast
quadrant contains a convenience store and gas station. Adjacent to that property is the
future "Orrick Commons" shopping center which is currently under construction. On the
subject parcels, in the southeast quadrant, the applicant plans to construct a pharmacy
with a drive through window. The location, zoning, uses, and owner of the adjacent
parcels can be seen in Exhibit 1.
100 YEAR FLOOD PLAIN
FIRM Community Panel Number 510063 0115 B shows the subject area to be outside
of any flood hazard zone.
WETLANDS
No wetlands have been identified on this site.
STEEP SLOPES
According to the soil survey information there are no steep slopes located on this site.
MATURE WOODLANDS
There are no mature woodlands located on this site.
SOILS
According to the Soil Survey of Frederick County, the site contains the following soil
type only:
2
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
• Clearbrook channery silt loam: 9B (2-7%) This soil is moderately deep, gently
sloping, and somewhat poorly drained. It is mostly found along heads of drainage ways
and in broad upland depressions.
B. SURROUNDING PROPERTIES
The subject parcels are bordered to the east and south by parcels identified as TM#'s
65A-2-1-2, 65A-3-44, and 65A-3-39 and are all zoned RP. Across Greenwood Road, to
the west is a parcel identified as TM#65A-7-7 and is zoned RP. North of that parcel is
TM# 65A-7-8 zoned B2. Diagonally across the intersection is TM# 55-A-194 which is
zoned B2. Across Senseny Road, to the north, are parcels identified as TM# 55-A-198
and 55-A-197 and are both zoned RA. Adjacent to these parcels is TM# 55-A-201
which is zoned B2. The location, zoning, uses, and owner of these parcels can be seen
in Exhibit 1.
C. TRAFFIC
The property is located at the signalized intersection of Senseny Road and Greenwood
Road. According to the Frederick County Eastern Road Plan (Exhibit 3) Senseny Road
and Greenwood Road, from Senseny Road to the north, are ultimately planned as 4
lane major collectors. Greenwood Road, from Senseny Road to the south, is ultimately
planned as a 2 lane minor collector. The proposed use for this property is commercial;
the traffic impacts foreseen by the rezoning of this parcel are outlined below.
According to figures from the Virginia Department of Transportation, the Average
Annual Daily Traffic on Route 656, Greenwood Road, in 2005 from the north to this
intersection was 9,500 vehicles/day and from the south to this intersection was 4,400
vehicles/day. The Average Annual Daily Traffic on Route 657, Senseny Road, from the
west to the Route 657, Greenwood Road, intersection in 2005 was 12,000 vehicles/day
and from the east was 4,500 vehicles/day. These figures are factored to account for all
motorized vehicles.
Traffic impacts from the proposed rezoning will be estimated using the figures in the ITE
Trip Generation Manual, Seventh Edition. The type of model used for the traffic
analysis is Land Use: 881 Pharmacy with Drive -Through Window. This land use is
anticipated for this property and can also be considered on the high end of trip
generation for a commercial use.
Land Use• 881 Pharmacy with Drive -Through Window
Based on a projected gross total of approximately 13,000 square feet:
• Weekday: 88.16 trips per 1,000 sf = 1,146 trips
■ Weekday A.M. Peak Hour: 7.87 trips per 1,000 sf = 102 trips
■ Weekday P.M. Peak Hour: 9.51 trips per 1,000 sf = 124 trips
■ Weekend Peak Hour: 7.85 trips per 1,000 sf = 102 trips
3
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
D. SEWAGE CONVEYANCE AND TREATMENT
The site is inside the limits of the Frederick County Sewer and Water Service Area. The
development would be serviced by the county sewer system. The location of the
existing 8" sewer line is shown on the Water and Sewer Facilities Maps 55-7 and 65-1,
Exhibit 5.
E. WATER SUPPLY
The site is inside the limits of the Frederick County Sewer and Water Service Area. The
development would be serviced by the county water system. The location of the existing
8" water line is shown on the Water and Sewer Facilities Maps 55-7 and 65-1, Exhibit 5.
F. DRAINAGE
According to the USGS topographic map and the Frederick County Soil Survey it
appears that this site has gentle slopes ranging from 2 percent to 7 percent. It appears
that the water sheet flows across the site from west to east and then down Senseny
Road. With the development of this site a storm water management system would be
implemented to control any added flow created by the increased impervious areas.
G. SOLID WASTE DISPOSAL FACILITIES
The commercial development will be responsible for the cost of solid waste collection
and disposal. Dumpsters will be provided on site as required and will be collected by a
private hauler.
H. HISTORIC SITES AND STRUCTURES
This site does contain one known "potentially significant" historic structure as listed in
The Rural Landmarks Survey Report of Frederick County. This structure is listed as
421 -Greenwood School. There is a discrepancy, however, as this structure is shown on
a different parcel on the USGS maps located in the planning department. Upon site
inspection and using our judgment it was determined that the structure is in fact located
on the subject site. This is to be reviewed and confirmed by the HARB.
During the Civil War many schools in the area closed because most of the male
students went to war and a lot of the schoolhouses were destroyed. Following the Civil
War many new schools were established. This period marked the beginning of public
education in Frederick County. The majority of the schoolhouses built during this period
were one -room buildings constructed of brick, and later rusticated concrete block.
Thirty schools froom this time period were surveyed, including the Greenwood School.
Most of these structures are now abandoned or have been converted to residences,
churches, or commercial uses. The Greenwood School is currently used as a private
residence. It is the intent of the current owner and other interested parties to dismantle
4
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
and relocate the Greenwood School building to another site prior to any construction
activity for future preservation of this historic structure.
There are several other "potentially significant sites" that lie within a mile of the site.
These include 417 -Carper House, 420 -Carmen House, 1136-Keyser-Edmonson House,
1148-Brookland, and 1151 -Ford -Braithwaite. The Rural Landmarks Survey Report lists
several other structures within approximately one mile of the site as shown on Exhibit 6.
A copy of the Civil War Battlefields and Sites map has been attached as Exhibit 7. The
subject parcels do not lie on any Civil War Battlefield sites.
I. COMMUNITY FACILITIES
DEVELOPMENT IMPACT MODEL
The new Development Impact Model (D.I.M.) is utilized primarily for residential rezoning
requests. It is anticipated that the capital facilities impacts of commercial and industrial
rezoning requests are ultimately fiscally positive to the County by policy. Accordingly,
the D.I.M. does not apply a fiscal impact to commercial rezoning.
EMERGENCY SERVICES
Police protection is provided by the Frederick County Sheriffs Department. The nearest
fire and rescue facility is the Greenwood Volunteer Fire Company located on
Greenwood Road. No additional fire and rescue facilities will be required for the area
proposed to be rezoned.
PARKS AND RECREATION
There are typically no impacts on Parks and Recreation facilities associated with
rezoning to a commercial use.
J. OTHER IMPACTS
Any impact to the adjacent RP lots will be greatly reduced due to the required 25 foot
buffer areas that will include all required plantings and an opaque screen fence.
It is anticipated that the capital facilities impacts of commercial and industrial rezoning
requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M.
does not apply a fiscal impact to commercial rezoning.
ki
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
IMPACT ANALYSIS STATEMENT
APPENDIX
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
EXHIBIT 1 - ADJACENT PROPERTIES MAP
� � r
` CMD r TGC Management, LLC
TM# 55 A 194
` Zoned: B2
Stafford, Timothy v Use: Commercial
Kerns, Kathy S. TM# 65A 7 8
�TM# 65A 7 7 Zoned: B2
Zoned: RP Use: Residential .001-�
I Use: Residential
eenwood Road Rt. 656
Gr
s
,� � � �, \ \ \��,, \ � Greenwood Sen, LLC
TM# 55 A 198
CO, \\ \ti \ \ \ \.
CD o -, CO A� ` \� \ �\ \ Zoned: RA
0 o, ` . \ Use: Commercial
a�
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", \�� Q / Stafford, Timothy
\ \ TM# 55 A 197
Zoned: RA
Use: Residential
t. A
Future 'Orrick Commons'
Gum,
D M# s Q & Paige Commercial Site
Zon tial 5A 3 44 �
\ \ °
1 ase. Res deMaso r �\ \ ,
n, Kenneth L ! Orrick Cemetery Company, Inc.
TM# 65.42 1 Shirley A. TM# 55 A 201
Used_70n.-esRP
a
Prt Use: Commercial/Residential
Inn 0 660 300
Scale 1" = 100 ft
PAINTER-LEWIS, P.L.C.iPROJECT:
ADJACENT PROPERTIES MAF
ERVIN DEVELOPMENT CORP
1932 SENSENY ROAD
CVS PHARMACY
116 South
Stewart Street
Winchester,
Virginia 22601
Telephone
(540)662-5792
CONSULTING Facsimile
(540)662-5793
FNC�INFFRS Email: office@painterlewis.com
ADJACENT PROPERTIES MAF
ERVIN DEVELOPMENT CORP
1932 SENSENY ROAD
CVS PHARMACY
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
EXHIBIT 2 - EASTERN FREDERICK LAND USE MAP
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IMPACT ANALYSIS STATEMENT
1932 Senseny Road
[BIT 3 - EASTERN ROAD PLAN
® Proposed Interchanges
Cross Sections
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Depicted sections do not eliminate
the need for turning lanes or bicycle
and pedestrian facilities.
N Last Revision
W//� 11102l2006
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0 0.5 1 2
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Generalized Cross Section Designations
EASTERN ROAD PLAN
F=rederick Countv, Virginia Department of Planning & Development
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
EXHIBIT 4 - GENERALIZED DEVELOPMENT PLAN
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IMPACT ANALYSIS STATEMENT
1932 Senseny Road
EXHIBIT 5 - WATER AND SEWER FACILITIES MAP 55-7 AND 65-1
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GRAPHIC SCALE
.. MAP REVISED BY:
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
EXHIBIT 6 - HISTORIC STRUCTURES MAP
12
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
EXHIBIT 7 - CIVIL WAR BATTLEFIELD MAP
13
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CZVZZ WAR
SITES
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
EXHIBIT 8 - PROPERTY DEEDS
14
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0jMm 1 S aMrxM TION OF PLAT
I, the undersigned property owner, acquired by certain deeds
that were recorded among the Land Records of Frederick County,
Virginia in Deed Book 261, at Page 399 and Deed Book 190, at Page
441, respectively and by Will recorded in Will Book 68, at Page
460. This property has been surveyed by Edward W. Dove, L.S., of
Dove & Associates, and is shown on a plat dated July 1, 1998, which
In attached hereto.
We confirm this plat as being correct to the beat of our
knowledge and belief, and we hereby request that this Plat be
recorded among the Land Records of Frederick County, Virginia.
r
Cora C. Smith, Land Owner
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHESTER, TO -WITS
z, V�S117E..7.)T�llie , certify that Cora C. Smith, whose
name is signed above, personally appeared before me in the City of
Winchester, Virginia, anti acknowledged the same on December =1
1998.
My commission expires
......,
v �.••• "' •%�+I;;i Not ry Public
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;v-31.105,
PARCEL 1
76,730 SO FT.
1.76 ACRES
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AREA
S 67v53'.38 E S 6JLU 4L 4 cc'•�
mGE Cr PAMWWT \
SENSENY ROAD - ROUTE 657
VA&ABLE R/W
STH°
1d J' . 22.2•
1 S70?Y
BLOCK it FRAME
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ld1' 4 221'
0 mat A'
STOOP LgNwIE
HOUSE DETAIL
SCALE 1' - 60'
'
IEEE j\ rN 15:3270' E
°4'•' 61.85'
J: t) ' N 607172' E
r. 2157'
q.
S 737921' E
50.81'
W
S 6755-00 t
f r.•
HOUSE IOCA77GW SURWY
s-
MDVTS OR EN�CTMETITS wEONON 7HEc
OY
QMNO O7HLR 1HAN THOSE S4OWV hEREOW
OF
THpp7OpE
�3tli
�PROPERTY
C. $I/!7
LOT 1
TAX ASSES DVr APAP NO 65A -2-I (LOT 1)
9,905 SY.t FT.
2 CURRENT tNsmum HT LN CHAIN Or n7LE IS
9YAwir as7NICT
ML BOGY 68 PAGE 460
FRaXA/QY COUNTY, HR WA
.1 RS a REBAR TO BE SET, RF - AMR TWA'R
+,' •^•:
�I,„
PRQ ERrY LINE
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3-ATJ_ .A�
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OINVM SMITH
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PARCEL 1
76,730 SO FT.
1.76 ACRES
0x
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AREA
S 67v53'.38 E S 6JLU 4L 4 cc'•�
mGE Cr PAMWWT \
SENSENY ROAD - ROUTE 657
VA&ABLE R/W
STH°
1d J' . 22.2•
1 S70?Y
BLOCK it FRAME
r-�-
ld1' 4 221'
0 mat A'
STOOP LgNwIE
HOUSE DETAIL
SCALE 1' - 60'
'
IEEE j\ rN 15:3270' E
°4'•' 61.85'
J: t) ' N 607172' E
r. 2157'
q.
S 737921' E
50.81'
7HI5 IS 70 CERTIFY THAT ay jiLY t. 1998
'
I MADE AN ACWRATE 5W;EY OF INE PREMISES
HOUSE IOCA77GW SURWY
s-
MDVTS OR EN�CTMETITS wEONON 7HEc
OY
QMNO O7HLR 1HAN THOSE S4OWV hEREOW
OF
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NOMM'
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�PROPERTY
C. $I/!7
t. TAX ASSESSith7VT MAP NO.55A-A-796 (PARCtZ 1)
TAX ASSES DVr APAP NO 65A -2-I (LOT 1)
LZE 4
DEED BOOK 190 PA41 (PAROL 1)
DEW BOOL( 251 PACE 399 (LOT 0
2 CURRENT tNsmum HT LN CHAIN Or n7LE IS
9YAwir as7NICT
ML BOGY 68 PAGE 460
FRaXA/QY COUNTY, HR WA
.1 RS a REBAR TO BE SET, RF - AMR TWA'R
IPF - IRM PIPE FOUND
1N15 PIAT HAS BEEN PREPARED NITHWT THE BENEFIT OF A TITtE REPORT
� r���J)L yy. 1,- 1BfiB SCALE: 1' a 60'
AND DOES NOT NECESSAMLY HDICATE ALL ENCUMBRANCES ON THE PROPERTY
3-ATJ_ .A�
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OINVM SMITH
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ZONE. C Cal /MUN/TY Na 510063 PANEL 0115 B .:1 AA 7E .7-1 1-
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ENGINEE
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mv.- PL4NNER5
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EDWARD W. DOVE
y�T�- SURVEYORS
of��
CE?7. r!o.
54-17-3(A} 964
3078 SHAWNEE DRIVE
�q 9r��L� 04
P.O. BOX 2033
WINCHESTER, VIRGINIA 22601
(540)667-1103
M-23507 15
vim;s COMM an
Yrae dueed o me on the
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and uftCKUjQMpj gCknowledpment thereto annexed
fj�w�aa� "danafd. Tax Unposed by Sec. 38.1-802 w
ipd Oi,1401 haw been paid, 1f assessable -
4'44.t. �'u.t. 0'4-ro . Clerk
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I, CORA C. SMITH, of Frederick. County, Virginia, being of
V sound and disposing mind and memory, do hereby make, publish and
declare this to be my Last Will and Testament, hereby revoking all
prior Wills or Codicils thereto by me made.
ARTICLE I
FIRST, I direct that all my legally enforceable debts, taxes
and funeral expenses (including a suitable monument or marker for
my grave) be paid as soon as practicable, without being required to
exhaust personalty before realty. All estate and inheritance taxes
upon or in respect to any property deemed to be a part of my estate
for tax purposes, whether such taxes be payable by my estate or by
a recipient of any such property, shall be paid by my Executor out
of the residue of my estate, without being recovered from or
apportioned against the share of any recipient.
ARTICLE II
SECOND, I give, devise and bequeath as follows:
1. The bow front china cabinet, if owned by me at the time
of my death, absolutely, unto Sandra L. Love.
2. The sum of Ten Thousand Dollars ($10,000.00) to each of
the following who survive me, absolutely: Dora Graves, Irene
Pierce, Eva DeHaven, Scarlet M. Jenkins, Douglas L. Clark, Sr. and
Jacqueline DeHaven.
3. I give and devise any real estate owned by me at the time
of my death, including my home, unto Sandra L. Love, in fee simple,
if she survives me. In the event the said Sandra L. Love
predeceases me, then I devise any real estate owned by me at the
time of my death, including my home, to my Executor hereinafter
named to sell as soon as possible after my death and thereafter to
divide the net proceeds equally among the named beneficiaries who
1 ��
survive me as listed hereinabove in Article II, Paragraph B.
4. All the rest and residue of my estate, whether real,
personal or mixed property, I give, devise and bequeath in equal
shares to the named beneficiaries who survive me as listed
hereinabove in Article II, Paragraph B, provided, however, that
Dora Graves shall have her choice of one of the three rocking
chairs, if any, owned by me at the time of my death.
ARTICLE III
THIRD, for convenient administration, my Executor shall have
all the authority conferred upon a fiduciary by Section 64.1-57 of
the Code of Virginia of 1950, as amended, as in force at the date
of my death, as though fully set forth herein.
ARTICLE IV
FOURTH, I nominate and appoint my niece, Sandra L. Love, as
Executor of this Will, and I request that my Executor be permitted
to serve without giving surety upon her official bond. In the
event that my named Executor shall predecease me or fail to qualify
or complete the administration of my estate, then I direct that
Jacqueline DeHaven shall be Executor with full authority to
complete the administration of the estate without surety bond.
ARTICLE V
A. Where appropriate, the masculine as used in this Will
shall include the feminine and neuter, the singular the plural, and
vice versa.
B. I may leave a letter of intent with my Executor, or
another person, for the purpose of giving guidance to my Executor
in the distribution of my estate among the foregoing beneficiaries,
and I request that, bi.,t do not require, that my Executor honor my
wishes therein expressed.
C(� '--�
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C. Any beneficiary who fails to survive me by one hundred
twenty (120) hours shall be deemed to have predeceased me, and the
gift to such beneficiary shall be disposed of accordingly.
IN WITNESS WHEREOF, I have on this 9th day of August, 1999,
set my hand and seal to this my Will consisting of four (4) pages.
C'0'e C' c (SEAL)
Cora C. Smith
The foregoing signature of the Testator was made and the
foregoing Will was acknowledged to be her Last Will and Testament,
by the Testator, in the presence of us, two (2) competent
witnesses, present at the same time; and we, the said witnesses, do
hereunto subscribe the said Will on the date last above written, in
the presence of the Testator and of each other, at the request of
the Testator, who was then of sound mind and over the age of
Ag teen (18) years.
TE OF VIRGINIA, AT GE,
CITY OF WINCHESTER, To -wit:
Before me, the undersigned authority, on this day, personally
a p ared Cora C. Smith, (L,l�J j2,,w— and
S _ , known to me to be the Testator
and witnesses, respectively, whose names are signed to the
foregoing instrument and, all of these persons being by me first
duly sworn, Cora C. Smith, the Testator, declared to me and to the
witnesses, in my presence, that said instrument is her Last Will
and Testament and that she had willingly signed the same, and
executed it in the presence of the said witnesses as her free and
voluntary act for the purposes therein expressed; that said
witnesses stated before me that the foregoing Will was executed and
acknowledged by the Testator as her Last Will and Testament in the
presence of said witnesses who, in her presence and at her req•.zest,
- 3 -
and in the presence of each other, did subscribe their names C)
thereto as attesting witnesses on the day of the date of said will,
and that the Testator, at the time of the execution of said will,
was over the age of eighteen (18) years and of sound and disposing
mind and memory_
Sworn and /acknowledged before me b Cora C. Smith, the
Testator, 4a,l� cS- �dA.� and l9�ri �a S
witnesses, this 9th day of August, 1999.
My commission expires June 30, 2002.
Notary Public
- 4 -
0
-v
LIST OF TANGIBLE PERSONAL PROPERTY
OF
CORA C. SMITH
In accordance with Section 64.1-45.1 of the 1950 Code of Virginia, as
amended, and pursuant to my Last Will and Testament, I give the following
items of tangible personal property to the person (as specified in this
document):
1
2
3
4
-9
6.
7.
8.
DONEE ITEK DESCRIPTION/LOCATION
DATED this day of 1999.
Cora C. Smith
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
EXHIBIT 9 - CURRENT TAX STATEMENTS
15
ViewDetail
Page 1 of I
Real Estate Public Inquiry Ticket Detail
2006 REAL ESTATE TAXES
Department# : RE2006 Ticket #: 57220002 FRQ: 2 Sup#: 0
Name: CLARK, CORA VAccount#: 15915
_... _
Name 2 .Map#: 55 A 196
Address: Description:' 1.62 ACRES
..........
_.... _
1932 SENSENY RD
.. ....
WINCHESTER, VA 22602
Bill Date: 12/05/2006Due Date: 12/05/2006
Land $84,000; Improve: $58,300 Use:
Original Bill: $373.54'' Payments: $373.54- Acres: 1.62:
Penalty Paid:; Int Paid: Discount:
Amount Owed: Other: Last Date: 11/28/2006
Total Owed Penalty: Interest:
__..... ............... .............. ......... ..... .
Note that if payment has been received within the last 10 business days any returned items may y not be posted at this
time. Please check the website again.
Date
Type
Transaction 4
Amount
Balance
12/5/2006
Charge
0
$373.54
$373.54
11/28/2006
Payment
7546
($373.54)
$0.00
1
Use the print key for your browser to print a copy of taxes paid for this year.
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Page I of'!
Land $50,000
Improve:
Use:
Original Bill: $131.25;
Payments:
$131.25- Acres: 0.0
Penalty Paid:;
Int Paid:
Discount:
Amount Owed:
Other:
Last Date: 11/28/2006.
Total Owed:;Penalty:
_._ ...
($131.25)
Interest:
_................ _....... _.__............. _._.__._.._._
......._....._......._...._......................----....._..-_-.._.._......._._................_..
Note that if payment has been received
within the last 10 business
days, any returned items may not be posted at this
time. Please check the website again_
gate
Type
Transaction #
Amount
Balance
12/5/2006
Charge
0
$131.25
$1.31.25
11/28/2006
Payment
7546
($131.25)
$0.00
l
Use the print key for your browser to print a copy of taxes paid for this year.
New Search Previous
IMPACT ANALYSIS STATEMENT
1932 Senseny Road
EXHIBIT 10 - PROFFER STATEMENT
16
1932 Senseny Road
Proffer Statement
Rezoning #:
Property: 2.2 acres
PARCEL ID's: 55-A-196 and 65A-2-1
Recorded Owner: Sandra Love, Power of Attorney
Applicant: Mr. David Ervin
Ervin Development Corporation
1830 Plaza Drive
Winchester, Virginia 22601
Project Name:
Original Date
of Proffers:
Revision Date(s):
Ervin Development Corporation
1932 Senseny Road
January 24, 2007
Prepared by: PAINTER-LEWIS, P.L.C.
116 South Stewart Street
Winchester, VA 22601
Tel.: (540) 662-5792
email: office@painterfewis.com
Job Number: 0611002
PROFFER STATEMENT
PARCEL ID 55-A-196 and 65A-2-1
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # for the rezoning of
parcels TM# 55-A-196 and TM# 65A-2-1 from RP to B2, the use and development of
the subject property shall be in strict conformance with the following conditions set forth
in this proffer except to the extent that such conditions may be subsequently amended
or revised by the applicant and such are approved by the Board of Supervisors in
accordance with the Code of Virginia and the Frederick County Zoning Ordinance.
These proffers shall be binding on the owner and their legal successors or assigns.
PROFFERS
1.) Frontage Improvements on Route 656 and Route 657
The applicant will make the necessary dedication of right-of-way and the road frontage
improvements, as required by Virginia Department of Transportation, to Route 656 and
Route 657 in support of the proposed development. The dedication and improvements
will be designed and submitted for approval to the Virginia Department of Transportation
during site plan review process.
2.) Generalized Development Plan
The applicant agrees to proffer a Generalized Development Plan (GDP) dated
for the purpose of identifying the general configuration of the proposed commercial
development and locations of site access.
3.) Monetary contribution to Frederick County Service Organizations
The applicant will donate or will cause to be paid to the Treasurer of Frederick County
for the benefit of the Greenwood Community Fire and Rescue Company the sum of
$1,000.00 for impacts to fire and rescue services. This sum will be paid upon the
receipt of the first building permit issued subsequent to the approval of this rezoning for
any proposed structure.
4.) Permitted 132 Use
The applicant agrees that the ONLY permitted B2 use on the subject property will be a
pharmacy with drive through window(s).
5.) Design Features
The applicant agrees to construct a five (5) foot wide sidewalk running parallel with
route 657 and route 656. The sidewalk will be owned and maintained by the property
owner. The sidewalk vvill be completed prior to the occupancy of any structure on the
property.
6.) Restricted access to Route 657
The applicant agrees to install a "right in, right out" only entrance on Route 657
eastbound, as required by Virginia Department of T ransportation. The design of the
entrance will be shown on the site plan.
page 2
PROFFER STATEMENT
PARCEL ID 55-A-196 and 65A-2-1
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the even that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
Submitted By:
Sandra Love, Power of Attorney
City/County of , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this day of
,200
Notary Public
My commission expires:
page 3
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Item # 4
Willa Cather property preservation
The HRAB was recently given the opportunity to start working on a grant proposal to
help preserve the Willa Cather property off of Northwestern Pike, across from Gore
Road. Currently Planning Staff is in communication with the National Park Service and
the property owner to determine which type of grant is necessary.
Planning Staff is asking the HRAB for recommendations or changes to the below plan
that outlines the process needed for preservation of the property.
I.
Contact National Park Service
II.
Contact Local Experts
III.
Find Private Organization
IV.
Letters of Recommendation
V.
Grant application
VI.
Management
The above outline is a broad timeline of benchmarks the HRAB must accomplish and
must continuously review to ensure progressive activity is taking place. The HRAB is
not bound to adhere to the above plan. If changes are necessary, Planning Staff is
amenable to revisions or advice.
W,
02-09-2007
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