TC 08-03-92 Meeting AgendaCOUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
MEMORANDUM
TO: Frederick County Transportation Committee
FROM: Evan A. Wyatt, Planner II
e
RE: August Meeting and Agenda
DATE: July 29, 1992
There will be a meeting of the Transportation Committee at 7:30 p.m. on Monday, August
3, 1992, in the Conference Room of the Old Frederick County Court House, 9 Court
Square, Winchester, Virginia. The Transportation Committee will discuss the following
items:
AGENDA
1. Request of Mr. Robert M. Sager, Opequon District Supervisor, to consider safety
alternatives at the intersection of Route 277 and Route 647.
2. Discussion of letter from Mr. Joseph Verzi, Jr., regarding transportation issues along
Northwestern Pike and Amherst Street.
3. Discussion regarding traffic signalization at the intersection of Route 277 and the
entrance to Sherando High School.
4. Preliminary discussion regarding the potential vacation of a portion of Conway Street.
5. Other.
All agenda materials are included in this package. Please contact our department if you
have any questions or are unable to attend.
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
8/3/92 Transportation Committee Agenda Con't page -2-
Included in your agenda package is a letter from Mr. Robert M. Sager, Opequon
District Supervisor, regarding safety concerns at the intersection of Route 277 and
Route 647. Mr. Sager has discussed this issue with other Board Members and all
agree that safety improvements are necessary. Mr. Sager has provided several
alternatives to this committee. Committee members are encouraged to recommend
additional safety alternatives during this discussion.
2. The second agenda item regards a letter from Mr. Joseph Verzi, Jr., of Brucetown.
Mr. Verzi has made several suggestions regarding road connections between
Frederick County and the City of Winchester, as well as road connections between
Stonewall Industrial Park and outlying roads. Committee members will be asked to
discuss certain items in this letter.
3. Mr. Robert B. Childress of the Virginia Department of Transportation has provided
the Frederick County School Board with the results of a traffic analysis for Sherando
High School. This analysis suggests that a traffic signal light is necessary at the
intersection of Route 277 and the entrance to Sherando High School. VDOT will
provide all engineering and design work for this project provided that all other costs
are paid by others. This item needs to be considered by this committee.
4. Evan Wyatt will brief the Transportation Committee on a request from Mr. Kimerly
G. Henry to vacate a portion of Conway Street. This street is located north of
Berryville Avenue, adjacent to Ross Street. Included in your agenda package is the
resolution from the City of Winchester, a plat of the street, and a letter to Mr.
Wayne Miller, Zoning Administrator, from Mr. Lawrence R. Ambrogi,
Commonwealth Attorney. The Transportation Committee will not act on this
request during this meeting. The purpose of this discussion is strictly for
informational purposes.
5. Other.
ITEM # 1
COUNTY of FREDERICK
Board of Supervisors
Richard G. Dick - Chairman
703/665-5666
15 @ tE 0 W IE
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W. Harrington Smith, Jr. - Vice Chairman I
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Shawnee District
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James. L. Longerbeam
Back Creek District
MEMORANDUM
TO: William Bushman, Resident Engineer, VDOT
W
derick County Transportation Committee
derick County Planning Department
Robert M. Sager
Opequon District
verly J. Sherwood
ainesboro District
-s W. Orndoff, Sr.
Stonewall District
FROM: Robert M. Sager, Supervisor - Opequon District)1�
SUBJECT: The Intersection of State Route 277 and State Route 647
DATE: July 22, 1992
The board continues to review and discuss the State Routes
277 and 647 intersection and its problems. There appears to be
no relief in site for residents, business people, and the general
motoring public. There appears to be an increasing frequency of
single and double tractor trailers attempting to enter and exit
the Route 647 area. In many cases, drivers must wait for two or
three light changes before entering Route 277 east or west. Many
chance it and make the "right on red." Some are lucky, some are
not.
I feel that we need to initiate several changes even if they
are only temporary in order to expedite the flow of traffic in
that area and reduce the risk of accidents. Please consider the
following immediate actions:
1. Increase the time on the light facing Route 647 (at
Route 277) to allow at lease one (1) minute for traffic
turning east and west.
2. Consider blocking the truck entrance into the
McDonalds' Restaurant fronting Route 647 and have all
truck traffic enter and exit from and to Route 277; or
make Route 647 the entrance to McDonalds and Route 277
the exit from McDonalds.
3. Consider constructing a right turn lane at the inter-
section for traffic going west onto Route 277 at Route
647. The traffic signal should be changed to allow a
green turn arrow during the time traffic is turning
from Route 277 and is turning onto Route 647 (north).
Let the arrow change from green to flashing yellow at
other times.
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
Memorandum
July 22, 1992
Page 2
4. Reline the lane markings on Route 277 (westbound) to
eliminate confusion to motorist who are east of this
intersection; i.e., one lane marked for Route 647 and
northbound I-81 traffic, and one lane marked for
Stephens City and southbound I-81 traffic.
Anything we can do to help this problem will be a great help
in expediting traffic and reducing the risk of accidents.
Should you have questions regarding the above, please do not
hesitate to give me a call.
RMS:clt
cc: Board of Supervisors
ITEM # 2
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ITEM # 3
ITEM # 4
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�100vll COUNTY
OF FREDERICK a� j
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LAWRENCE R. AMIIROGI
n
Commonwealth Attorney
JAY COOK, III
r
Assistant Commonwealth Attorney +,+
GLENN R. WILLIAMSON
Assistant Commonwealth Attorney
OFFICE OF TI3E
COMMONWEALTH'S ATTORNEY
FREDERICK -WINCHESTER JUDICIAL CENTER
5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601
(703) 665-6383
FAX (703) 667-3454
�- -t-nary 10, 1:992
"?x:. W. Wayne Miller
-. gni ng Administrator.
P. O. Box 0-01.
Winchester, Virginia 22601
Re: Request to Vacate Conway Street
Dear Wayne:
I1 �.w
Fh_AYRrP:S�iWLD
Special Administrative Assistant
CAROL A. CAMPRELL
Office Manager
JANE:T P. DICK
Secretary
T am writing in response to your leiter to me, dated
December 17, 1991, concerning the above -referenced matter, My
understanding of the facts involved r_s as follows:
Conway Street., being fifty (50) feet
Wide was dedicated as a. public street,
th:a.s vesting title in the County,, by
Deed of Dedication of record in the
Frederick County Circuit Court Clerk's
Office in Deed Book 134, at Pace 199.
All by the easternmost portion of Conway
:street was at some time thereafter
annexed by the City of Winchester. The
City has vacated its portion of Conway
.street by Ordinance of January 13; 1987
'!'he County por._.icn has not bee:z taken
into the state road system. A request
has been made on behalf: of O' Henry
Partnership -that the County vacate its
portion of Conway Street. From the plat
of Dove & Associates, dated December ;,
1997, which you provided to me, Conway
Street is bounded on the north by Lots
42 and 43, and property owned by the
City of Winchester, and on the south
by O'Henry Partnership. I am unaware
t� the present ownership of the � rtion of
Mr. W. Wayne Miller
Page Two
January 10, 1.992
Conway Street previously vacated by the
City; however, the City retained an
easement to its pump station at the
eastern end of Conway Street.
If any of the above facts are incorrect, or you are aware of
otter pertinent information, please so advise iT.ie immediately
upon receipt of this letter.
There are two (2) applicable alternate procedures set forth in
the Code of Virginia for the abandonment or vacation of a
public road or street. The first procedure is as set forth in
Sections 33.1-156, et seq., and the second procedure is under
Section 15.1-482(b). I am enclosing copies of such sections
and others referred to therein or otherwise applicable. The
sections are fairly, straightforward so I won't discuss them in
any great detail.
Under the first procedure (Title 33,1), the County must give at
least thirty (30) days notice of a proposed abandonment by
doing each of these three (3) things: 1. posting notice at
the front door of the Courthouse, 2. posting notices on at
least �lhree (3) places along and on the road proposed to be
abandoned, and 3�. publication of notice at least twice in a
newspaper of general circulation, All such notices must state
the time and place at which tie Board will meet to consider the
abandonment. In view of the provisions of Section 33.1-160, 1
suggest that all such notices also advise that any County
landowner affected by the proposed abandonment may petition the
Board within thirty (30) days of the date notice is posted and
published, but- not thereafter, to hold a public hearing on the
proposed abandonment. It should be noted that no public
hearing is required for the abandonment of the road unless such
a petition is filed. The costs os the above notices shall be
borne by 0"Henry Partnership pursuant to Sect -ion 33.1--159.
Your attention is directed to Section 33.1-161, which sets
forth what the Board must find in order to abandon a road, rand
the manner and time frame within which it must act., The order
of the Board must also than be recorded in the Circuit Court
Clerk's office (Section 33.1--165),, Once these matters are
done, the abandonment- would be complete. However, in order 'to
convey the propert-Y, the provisions of Section 33.1-165 would
have to be followed. Your attention is directed to the
additional notice requirements contained therein. I know of no
reason why the notice required by Section 33.1--165 could not be
combined with the notices requi - red by Section 33.1-1158 and both
such notices be given at the same time, i.e. notice of proposed
abandonment and conveyance. It would require that notices be
Mr. W. Wayne Miller
Three,
fanuary 10, 1992
specifically given to the owner or owners of any land along
Conway Street, who could then request a bearing.
The second procedure, Section 15.1-482(b), is specifically
authorized by Section 33.1--166.1. The notice required to be
given thereunder is as provided in Section 15.1-431. 1 believe
a
fair interpretation of the intent of the legislature is that
notice be mailed to all owners, agents or occupants of all
property abutting Conway Street and immediately across the
street 'therefrom.
I am unaware of the intent of O'Henry Partnership in making
this request for vacation. of Conway Street as to the ownership
of the property thereafter. Section 15.1--483 specifically
provides that the fee simple title to the centerline of any
street vacated shall vest in the abutting property owners.
Thus, to proceed to vacate Conway Street under 15.1-482(b)
without further clarification would result in the conveyance of
a part thereof of the owners of Lots A2 and 43 the City of
Winchester, and O'Henry Partnership. This may present a
problem. Section 15.1-366 provides that the County may require
that any abutting property owner requesting vacation purchase
same prior to such vacation. It seems to me that the issue of
ownership of the property now constituting Conway Street should
be resolved to the agreement of all abutting property owners
prior to any vacation.
I hope I have been of assistance to you. Should you have any
questions or comments, please contact me at your convenience.
I have fox -warded a copy of this letter to John R. Riley, Jr.,
Countif Administrator, for his information.
Si nc ely,
Lawrence R. Ambrogi
LRA: cac
cc: John R. Riley, Jr.
COUNTY of FREDERICK
Department of Planning and Development
703/665-5651
FAX 703/678-0682
December 17, 1991
Mr. Larry R. Ambrogi
Commonwealth Attorney, Frederick County
5 North Kent Street
Winchester, VA 22601
Dear Larry:
Enclosed is correspondence, a deed and a survey plat all relating to a request for Frederick
County to vacate a portion of Conway Street between Ross Street and Interstate 81 (see attached
map).
Request you review this request and provide this office with an appropriate course of action that
will not cause us problems as has happened in the past with these situations. This will
eventually need to go to the Transportation Committee, Planning Commission and Board of
Supervisors for final action.
Your attention to this matter would be greatly appreciated. Should you have any questions
please do not hesitate to get in touch.
Sincerely,
W. Wa ne Miller
Zoning Administrator
WWM/slk
enclosure
THE COURTHOUSE COMMONS
9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601
T1�"- of Winchester
VACATION -
Portion C
�a"
`Way S t .
oF�45�, �K 209 FG400
THE COMMON COUNCIL
No. 170
to 1 '7 D
I, Patricia B. Mhby, Ctenh o6 .the Common Council, hereby ceA i6y on -th,i.a 14th day o6
Jan(uvey, 1987, that the 6OUO &ig ondbianee i,6 a .thue and exact copy o6 one and .the
flame adopted by .the Common Couneit o6 the City o6 Winchczten, ViAg.in.i,a, aehembQed in
aeguta4 4u,6ion on the •thiAteen-th day o6 January, 1987:
AN ORDINANCE VACATING AN UNDEVELOPED PORTICN OF CCNWAy STREET, EXTENDING FROM
A POINT APPROXIMATELY 90 FEET EAST OF FOUSS SIT ET TO A POINT APPROXIMATELY
327 TWEET LAST OF RCSS STREET, AND BOUNDED ON THE NORTH SIDE BY THE CITY LIMITS
AND 1k) ATED IN THE CITY ,OF WTINGiESTER, VIRGINIA
WHEREAS, in a Deed of Dedication of record in the Office of the Clerk of the
Circuit Court of Frederick County in Deed Book 134, at Page 1.99, there is shown Conway
Street, which street was annexed by the City of Winchester; and
MIEREAS, there is of record in the Office of the Clerk of the Circuit Court of
the City of Winchester in Deed Book 197, at Page 341, shown Conway Street, a part of
which lies in the City of Winchester, as shown on said plat of record in the City
Clerk's Office, running frau the city limits to Ross Street; and
KIEREAS, the City is empowered to vacate streets and alleys in the City pursuant
to and in conformance with provisions of Virginia Code s 15.1-364, et seq. as amended;
and
W1I1;RIrAS, the City intends to vacate a portion of said Conway Street extending from
a pont approximately 90 feet east of Ross Street, as shown on said plat of record in
the City Clerk's office in Deed Book 197 at Page 341 as the eastern edge of the eastern
lot of Lilly Mowery on the southern boundary of Conway Street to a point approximately
327 feet east of Ross Street, being the point of intersection of the city limits of the
City and the southern boundary of Conway Street, as shown on said plat, and the land
proprietors affected by said action were notified; and
mmnzA,S, viewers were appointed to report on the inconvenience, if any, of said
vacation, which report is attached hereto and made a part hereof:
N3i, '11EREFORE, BE IT ORDAINED that the portion of Conway Street extending from. a
point approximately 90 feet east of Ross Street, as shown on said plat of record in the
City Clerk's Office in Deed Book 197 at Psge 341 as the eastern edge of the eastern lot
of Lilly Mowery on the southern boundary of Conway Stret, to a point approximately 327
feet east of Ross Street, being the point of intersection of the city limits of the
City and the southern boundary of Conway Street, as shown on said plat, be and is hereby
vacated; and
RE IT [UR111ER ORDAINED that in any sale or other disposition of the herein -vacated
property an access easement shall be retained by the City for access to the purrp station
and related facilities located at the eastern end of Conway Street, said easement to be
described approximately as follows: Beginning at a point located in Conway Street approx-
imately 90 fee;: east of Ross Street and ten feet along a line perpendicular to the
southern edge of Conway Street; thence N 190 59' 54" E 20 feet; Bence S 700 00' 06" E
to the line of the city limits; thence with said City Limits S 46 31' 20" E to appoint
ten feet along a line perpendicular to the south edge of Conway Street; then N 70 00'
06" W to the point of the beginning; and
BE IT FURTFIER ORDAINED that the Clerk of Council is hereby directed to place a
certified copy of this ordinance of record with the deed records in the office of the
Clerk of the Circuit Court of the City of Winchester.
W�tne 6' iry.!)and and the deai o6 .the City o6 W-inchezteh, k-lgin-i.a ORD. NO. 004-87
Czehh o6 the Common Coun
• p I ,O�' V�RGII�IIA
orvt/✓'::zree:���_ Tn ��t1IT:
a Notary Public in and for the State of
Virginia, do hereby certify that Patricia B. Ashby, Clerk, Winchester Common Council,
14
whose name is signed to the foregoing ordinance bearing date on the;dp•
fir', •' ,
Jnuy, , 1987, has personally appeared before me and acknowledged the sam�-in' iny'!r'
State and jurisdiction. C"
Given under my hand this /54 day of Jyk/ 1987. �• 1.�� ``'
My camtission expires 12,
—' Notary Public
'399.
r�'
1987, has personally appeared before me and acknowledged the
same in my State and jurisdiction afores id.
Given under m I
Giy hand this�,� ay'of k--" 1987,
Dly Commission expires
1� ARY PUBLIC
t,
I
i
iJAGIN1A CITY oi WINCHl5TF:M,
i
fhia lnalrumont o1 writing was produced to we on thoat u 2'
i; acd wirb
+rtihc of ,I c;l,,v;'Jla)at IftudtJ .a,,�:dto
Lotiprd.od by S..c 5ti•5i.1 of Vi ti SL aitd 51:.54 baro b. ,.
i
PETER R. MCKEE (1934-1967)
BENJAMIN M. BUTLER
STEPHEN G. BUTLER
MICHAEL L. BRYAN
MCKEE AND BII7rz,.ER
ATTORNEYS AT T.AW
11 SOUTH CAMERON STREET
P. O. DRAWER 2097
WINCHESTER, VmarNIA 22601-1297
December 12, 1991
Mr. Robert W. Watkins
Frederick County Planning Department
Post Office Box 601
Winchester, Virginia 22601
Re: Rimerly G. Henry
Dear Bob:
U( i 3199 ts! li
AREA CODE 703
TELEPHONE 662-3486
FAx 703-722-3787
PLEASE REPLY TO:
P.O. DRAWER 2097
I represent Kim Henry, one of the partners of O'Henry
Partnership, who has been attempting to obtain a vacation of
Conway Street for its property which lies principally in the
City of Winchester.
I enclose herewith a copy of a recent survey made by
Edward W. Dove, L.S., showing the Winchester -Frederick County line.
The City of Winchester vacated a portion of Conway Street,
in the apparent belief that all of Conway Street was in the City
of Winchester; however, the survey by Dove indicates otherwise.
I enclose herewith a copy of the ordinance passed by the City
of Winchester for the vacation of Conway Street in the City of
Winchester.
I would appreciate it if Frederick County would consider
vacating that portion of Conway Street lying within Frederick
County, as shown on the enclosed survey of Edward W. Dove, by
adoption of a similar ordinance. All costs of publication would be
borne by the landowner.
I look forward to hearing from you.
Very truly yours,
McKEE and BUTLER
NJAMIN M. BUTLER
BMB : f h /
Enclosures
cc: Kimerly G. Henry
TCA 301.565.3340
NOTES: -
1) NO 77 ME REPORT FURNISHED
2) ®- DENOIFS AREA TO BE VACATED BY FREDERICK COUNTY.
3) LOCA77ON OF CITY OF WNCHES7FRII"REDERICK COUNTY LINE
IS TAKEN FROM PLAT OF SURVEY BY H. BRUCE EDENS DATED
FEBRUAR Y 14, 1984, AND RECORDED IN DEED BOOK 197 A T
PAGE 347 IN THE CITY OF WNCHESTFR CLERKS OFFICE.
PLA T SHOWING
PROPOSED VA CA TION OF
A POR 77ON OF
coNwA Y STREET
CITY OF WNCHES7ER
FREDERICK COUNTY, VIRGINIA
SCALE- 1:=50' DA 7F- DECEMBER 5, 1991
20' EASEMENT
CITY OF WINCHESTER
249.09'
VA CA TiDll
9. FT.'
EMEN T /
PG.�00/
00106" W 135.89'
> cam I
�p,LTH OF
U EDWARD W, DOVE
CERT. NO.
54-17-3(A) 964 #
SUR