Loading...
HomeMy WebLinkAboutPC 10-04-95 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia OCTOBER 4, 1995 7:00 P.M. CALL TO ORDER TAB 1) Meeting Minutes of September 6, 1995 ........................ A 2) Bimonthly Report ..................................... B 3) Committee Reports ..................................... C 4) Citizen Comments ..................................... D 5) Subdivision Application #011-95 of Fredericktowne Estates Sections 10 & 11. This property is located East of Stephens City and North of Fredericktowne Estates Section 8 & 9, and is identified with PIN 75-A-72 in the Opequon District. (Mr. Miller) ......................................... E 6) Subdivision Application #012-95 of Winchester Frederick County I.D.C. Inc. This property is located on the northeast corner of Shady Elm Road (Route 651) and Industrial Drive (Route 880), and is identified with PIN 63 -A -60B in the Back Creek District. (Mr. Miller) ......................................... F 2 PUBLIC HEARINGS 7) The 1996-1997 Frederick County Secondary Road Improvement Plan. (Mr. Wyatt) .........................................G 8) Rezoning Application #001-95 of Wayne R. Ridgeway to rezone 2.047 acres from RA (Rural Area) to B3 (Industrial Transition). This property is located on US Route 522 just south of the intersection of Bryarly Road (Route 789), and is identified as PIN 42-A-249 in the Gainesboro District. (Mr. Tierney) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . H 9) Rezoning Application #004-95 of Flying J. Inc. to rezone 3.65 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at the intersection of Interstate 81 and Rest Church Road (Route 669), and is identified as PINS 33A -A-1, 2, 3, 6, 7, 8, 9, & 10 in the Stonewall District. (Mr. Tierney) ........................................ I 10) Rezoning Application #005-95 of James T. Wilson to rezone 2.99 acres from B1 (Neighborhood Business) to B2 (Business General). This property is located on the east side of Aylor Road (Route 647) and is identified with PINS 74B -5-C, 74- A-104, and 74-A-105 in the Opequon District. (Mr. Tierney) ........................................ J 11) Conditional Use Permit #010-95 of Joseph Edmiston for a dog kennel. This property is located at 295 Hollow Road and is identified with PIN 26-4-2-50 in the Back Creek District. (Mr. Miller) ......................................... K 12) Conditional Use Permit #011-95 of Hardees/Mobil Convenience Center for a restaurant, gas station, and convenience center. This property is located at the intersection of Northwestern Pike (Route 50 W) and Ward Avenue (Route 1317) and is identified with PIN 53A-3-83 in the Back Creek District. (Mr. Miller) ........................... 6 ............. L 13) Other ................................................ M MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on September 6, 1995. PRESENT: Planning Commissioners present w rel Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice Chairman/Back Creek District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; Terry Stone, Gainesboro District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; George L. Romine, Citizen at Large; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District StaffrD eSCat:Robert W. Watkins, Director and Secretary; Evan A. Wyatt, Planner II; W. Wayne Miller, Zoning Administrator; Eric R. Lawrence; Planner I; Kris C. Tierney, Deputy Planning Director; and Renee' S. Arlotta, Minutes Recorder. Chairman DeHaven called the meeting to order at 7:00 p.m. BIMONTHLY REPORT Chairman DeHaven accepted the Bimonthly Report for the Commission's information. 2 COMMITTEE REPORTS Mr. Thomas reported that the DRRS discussed a request from James Wilson to amend the zoning ordinance to allow restaurants in 131 as a by -right use and to allow portable ice- cream stands in Bl, again, as a by -right use. Mr. Thomas said that the Committee's opinion on both requests was that, at this point, they did not necessarily agree with them as a by -right use in B1 throughout the County. He said that the Committee suggested that Mr. Wilson approach the full Planning Commission for a rezoning of that area to B2. Mrs. Copenhaver said that the CPPS has scheduled September 25, 1995 for the next Round Hill Community Meeting. She said that the meeting will be held at the Round Hill Fire Hall at 7:30 p.m. Mrs. Copenhaver said that the Committee will be presenting their proposals to the Round Hill residents at that time. Sanitation Authority - 8/23 Mt&. Mrs. Copenhaver reported that Parkins Mill is coming along fine and should be on line in October; the S.A. is receiving bids on the construction of their new headquarters; and the North Quarry water level is holding well. Proposed Amendments to the Frederick County Code, Chapter 144, Subdivision of Land, 3 Article V, Design Standards, and Chapter 165, Zoning, Article IV, Supplementary Use Regulations, to create new design standards for minor collector roads. Action - Recommended Approval Mr. Wyatt said the language of the amendment is the same as it was when presented to the Commission for their review on August 2, 1995. Mr. Wyatt said that the DRRS has worked with representatives of the development and design community and VDOT over the past several months to determine all significant issues and concerns associated with the current collector road design standards. He said that as a result of these work sessions, new language has been created for the design and development of minor collector roads. Mr. Wyatt said that the essence of the new language requires minor collector roads to be constructed to VDOT's Urban Design Standards. He said that this standard requires curb and gutter and sidewalks along minor collector roads, regardless of the lot size. He said that the language also allows residential lot frontage along minor collector roads with individual driveway spacing requirements and eliminates the requirement for road efficiency buffers. Mr. Wyatt said that the new language does not propose to alter the existing lot size requirements for curb and gutter and sidewalks along local streets; therefore, if a developer creates a residential subdivision that exceeds the current requirements, they will have the flexibility to determine how the local streets should be constructed. Mr. Wyatt said that the proposed language will encourage the development of a network of minor collector roads that have been previously avoided, it will reduce the amount of pavement, thus providing a cost savings in development and maintenance, it will produce a savings in land development costs, and finally, it will create a reduction in storm water runoff. There were no public comments. The Planning Commission reviewed the proposed ordinance amendments and had no problems with the language presented. Upon motion made by Mr. Romine and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the proposed ordinance amendments to Chapter 144, Subdivision of Land, Article V, Design Standards, and Chapter 165, Zoning Ordinance, Article IV, Supplementary Use Regulations, to create new standards for minor collector roads. 4 Proposed amendment to the Frederick County Code, Chapter 165, Zoning, Article XV, Historic Area Overlay Zone, Section 165-114, General Regulations Action - Approved Mr. Lawrence presented the proposed Guidelines for New Construction in the Historic Area Overlay Zone as recommended by the Historic Resources Advisory Board at their meeting of July 17, 1995. Mr. Lawrence said that the language presented is essentially a guideline only. He said that it is designed to assist the new commercial construction designer in understanding the goals for historic areas and the terminology used merely recommends and encourages compliance with the design criteria. Mr. Lawrence said that a statement has been included in the guidelines that enables the HRAB to use its discretion in determining whether the development proposal meets the spirit of the design criteria. Mr. Lawrence then proceeded to review the design guidelines with the Commission. Some of the Commissioners had concerns with the guidelines as presented because they felt it contained a lot of architectural standards. They felt that design criteria was different from architectural standards that are left up to the interpretation and perception of the HRAB, which can be as liberal or stringent as the people who are on the Board. There were also concerns expressed about how someone would go about having their property removed from a Historic District. Other Commissioners felt that the guidelines gave the HRAB a basis for decision- making. They felt it provided the property owner and the HRAB the opportunity to discuss various issues without being so specific from a regulatory standpoint that there could be no negotiations or novel approaches to design. They also stressed the fact that inclusion in the Historic Overlay Area was strictly voluntary. The staff noted that there are already very strict regulations in place for existing structures in the Historic Overlay Areas, however, these new amendments as presented, are attempting to address new construction. Staff noted that the amendments attempt only to provide guidelines for the construction of new buildings in historic areas, such as apartments, retail uses, etc. There were no public comments. Upon motion made by Mrs. Copenhaver and seconded by Mr. Morris, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend 5 approval of the proposed amendments to the Frederick County Code, Chapter 165, Article XV, Historic Area Overlay Zone, Section 165-114, as presented, by the following majority vote: YES (TO APPROVE-) Ours, Morris, DeHaven, Marker, Copenhaver, Light, Stone NO; Shickle, Thomas, Romine (Mr. Wilson was absent.) Conditional Use Permit #008-95 of Charles W. Goff for gun and small engine repair. This property is located at 10998 North Frederick Pike and is identified with PIN 03-A-101 in the Gainesboro District. Action - Approval with Conditions Recommended Mr. Miller stated that the applicant and VDOT have worked out together a satisfactory agreement to the requirements for the entrance into the property. Mr. Miller said that no other reviewing agency had any problems with the proposal. He said that the applicant has stated that he will have no employees and that all work will be done in an accessory building. Mr. Miller said that the residence and the accessory building that will be utilized for the proposed activity are set back approximately 560' from North Frederick Pike. Mr. Miller said that there were no other residences visible from this location. Commissioners inquired if a firing range would be used to test repaired guns. Mr. Charles W. Goff, the applicant and owner of the property, said that he would not have a firing range. Mr. Goff said that he would test fire weapons into a paper -filled container and this would mainly be done inside. There were no public comments. Upon motion made by Mr. Shickle and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #008-95 of Charles W. Goff for a Cottage Occupation for gun and small engine repair with the following conditions: R 1. All repair work shall take place entirely within the accessory structure designated for the use. 2. No outside storage of parts and equipment associated with the use shall be allowed. 3. Applicant shall comply with all review agency comments at all times. 4. Any expansion of facilities to accommodate this use shall require a new conditional use permit. Conditional Use Permit #009-95 of Vito and Carrie Angelone for a dog kennel. This property is located at 376 Gough Road and is designated as PIN 60-A-39 in the Back Creek District. Action - Approval with Conditions Recommended Mr. Miller said that none of the reviewing agencies had any problems with this use. Mr. Miller said that the applicant advises that the operation will primarily be a training and breeding kennel with dogs being boarded on a long term basis for training. He said that the property is an 88 -acre tract that the Angelone's have a contract to purchase, pending approval of their CUP. He said that the nearest residence is about a 'h mile and approximately 3/4 of the distance to the nearest residence is mature woodland, with a hill in between the properties. Mr. Miller said that the entrance into the property is along a right-of-way that passes two homes. This is a dirt and gravel driveway and considerable traffic on this road could possibly cause a dust problem. Mr. Miller suggested that if the permit is approved, the applicant should commit to protecting the two residences from any nuisance problem, whether it be dust or roaming and barking dogs. The Commissioners noted that the state road (Rt. 618), that this right-of-way comes off of, is also a dirt road. They felt that the issue of a dust problem was an arbitrary situation in this case and felt that it should not be listed as a condition of this permit. Mr. Vito Angelone, the applicant, said that other than his family, there would not be a great deal of traffic. He said that the dogs he houses come from all across the nation and will stay with him about nine months of the year for field training. He said that their owners are from California to Florida and would not come to visit. Mr. Angelone speculated that within 30 days he might have approximately 15 people come to his residence. Chairman DeHaven called for anyone wishing to speak and the following person came forward to speak: Mr. Elwood Brewer, resident at 434 Gough Road, was concerned about how Mr. Angelone proposed to keep his dogs on his own property while training. Mr. Angelone explained that he has 18 national field championship dogs and they are all well trained. Mr. Angelone said that he works with only one dog at a time and the dog will respond to him at 1,000 yards with a whistle command. He said that they do not run out of control. He said that the simulated hunting conditions he creates are contained and the dogs do not go out of those boundaries. Mr. Angelone noted that these dogs are worth in excess of $30,000 each. Mr. Marker moved to approve the conditional use permit with the conditions suggested by the staff, except for the condition that would require the applicant to deal with the problem of dust nuisance due to traffic using the property entrance. Mrs. Copenhaver seconded this motion. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #009-95 of Vito and Carrie Angelone for a dog kennel with the following conditions: 1. Any expansion of the facility beyond the committed 30 -dog limit will require a new conditional use permit. 2. Any facility built to house dogs will be used only for that purpose, including the storage of supplies necessary for the kennel operation. 3. All dogs being kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by either barking or roaming free. Rezoning Application #003-95 of Professional Mobile Home Brokers (John Tauber) to rezone 2.1514 acres from B2 (Business General) to B3 (Industrial Transition). This property is located on Berryville Pike (Rt. 7) East of Regency Lakes Drive and is 8 identified with PIN 55-A-34 in the Stonewall District. Action - Recommend Approval with Proffer Mr. Tierney summarized the background information and review agency comments. Mr. Tierney said that the applicant has proffered a specific use, manufactured home model display and related sales office, however, the proffer does not address the number of units that may be placed on the site for sale or awaiting delivery. He said that the applicant has also proffered a monetary amount to cover projected costs to the local fire and rescue company. Mr. Tierney said that under the existing B2 (Business General) Zoning, the parcel could be put to a variety of retail uses which could generate more traffic than the proposed manufactured home sales. He said that given the proffers, anticipated impacts of the proposed rezoning were minimal. Chairman DeHaven re-emphasized that the proffer restriction is very specific and would inhibit any other use of the site, unless the property was rezoned. Mr. John Tauber, the applicant, said that he will have a sales office, sites for three display models, and an area for three storage units in the event a unit has been ordered, has arrived, and the property is not yet ready for delivery. Chairman DeHaven called for public comments, but no one was present to speak. Upon motion made by W. Light and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning Application #003-95 of Professional Mobile Home Brokers (John Tauber) to rezone 2.1514 acres from B2 (Business General) to B3 (Industrial Transition) with the acceptance of the proffer presented. Subdivision Application #008-95 for Maxwell T. Mandel to subdivide a 0.803 acre B1 lot into two parcels consisting of 0.484 acres and 0.319 acres. This property is located on the southeast corner of Fairfax Pike (Rt. 277) and Highlander Road and is identified with PIN 85B -1-B in the Opequon District. Z Action - Recommended Approval Mr. Miller read the background information and review agency comments. He said that VDOT has suggested that since the proposed property boundary line will split the one entrance, a joint use entrance agreement should be required to cover future use and maintenance of the entrance. Mr. Miller said that this was not unusual since, by ordinance, we require joint use agreements for shared parking areas. Mr. Miller also noted that the Building Official has recommended that the sides of the structures adjacent to the new property line be evaluated and upgraded, if needed. Dr. Maxwell T. Mandel, D.V.M., the applicant and property owner, said that the structure on this property is actually two buildings that are connected by a covered breezeway. Dr. Mandel said that his veterinary clinic occupies one of the buildings and the other is leased by Dr. Elizabeth A. Doerwaldt, D.D.S. Dr. Mandel said that Dr. Doerwaldt wishes to expand her facility and in order to do that, it is necessary for her to purchase the property. He said that the purpose of the subdivision is to legally place each building on a separate parcel. Commissioners had no problems with the proposed subdivision. Upon motion made by Mr. Thomas and seconded by Mr. Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #008-95 of Maxwell T. Mandel with the requirement that all review agency comments be complied with, including a joint use agreement for the shared entrance, and that the sides of the structures adjacent to the new property line be evaluated and upgraded, if required by the Building Official. Master Development Plan #004-95 of J.I.C. Ltd. Industrial Lots for a metal works and fabrication business. This property is located on Arbor Court, adjacent to Blue Ridge Industries, and is identified as PIN 64 -A -80K in the Shawnee District. Action - Recommend Approval Mr. Mark J. Tenenbaum, applicant and property owner, and Bruce Edens, the surveyor, were available to present the master plan and answer questions from the Commission. Mr. Edens discussed their plans for meeting VDOT's concerns and recommendations regarding IW site access from Millwood Pike (Rt. 50 E) and Arbor Court (Rt. 1000). (VDOT's comments dealt with the safety issue of vehicles using the existing substandard Route 50 access in lieu of Victory Lane (Rt. 728) or Arbor Court (Rt. 1000). VDOT's comments noted that several remaining lots within the business park have pipe stem frontage on Route 50 and, at present, Lot 10 seemed to be the only remaining undeveloped lot that needed to be accessed through the Route 50 entrance. VDOT's recommendations were to provide a cul-de-sac at the appropriate end of Arbor Court and to remove the substandard Route 50 entrance.) Mr. Lawrence stated that the master development plan proposes light industrial development on a 8.411 acre parcel. He said that the proposed use, fabricated metal products, is permitted in the M1 (Light Industrial) District and would be consistent with the existing and planned surrounding land uses. Mr. Lawrence proceeded to clarify some of the street issues. He said that the staff was also concerned with the safety problem of additional accesses to Route 50 and would also prefer access off of Arbor Court. He said that the applicant has agreed to construct the Arbor Court extension along the southern boundary of the master development planned area, terminating in a cul-de-sac. He said that this cul-de-sac would provide ingress and egress to Lot 10. Mr. Lawrence said that the other area of concern was the disturbance of woodlands and steep slopes, however, the zoning ordinance allows for up to 25 % disturbance and the applicant is disturbing under 10% of the site. The Commission felt that the areas of concern would be satisfied and had no other problems with the proposal. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Master Development Plan #004-95 of the J.I.C. Ltd. Industrial Lots for a metal works and fabrication business. Subdivision Application #009-95 for J.I.C. Ltd. Industrial Lots for the subdivision of a 8.411 acre lot into two parcels consisting of 7.562 acres and 0.849 acres. This property is located on Arbor Court, adjacent to Blue Ridge Industries, and is identified with PIN 64 -A -80K in the Shawnee District. Action - Approval 11 Mr. Miller said that the main issue associated with this application is the construction of the state maintained road to serve this proposal. Mr. Miller said that Arbor Court (Rt. 1000) has been constructed to the point that it will serve Lot 805, but not the residual Lot 9A. He said that the applicant has agreed to build Arbor Court to the northeastern extreme of Lot 9A ending in a cul-de-sac that will also serve Lot 10. He explained that this was important because Arbor Court will not extend all the way to Millwood Pike (Rt. 50). Mr. Miller said that this is preferred by the staff and is also recommended by VDOT. Mr. Mark J. Tenenbaum, the applicant and owner of the property, was present to answer questions from the Commission. Commissioners felt that the street issue was satisfactorily addressed and had no other problems with the subdivision. Upon motion made by Mr. Romine and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously approve Subdivision Application #009-95 for J.I.C. Ltd. Industrial Lots with the stipulation that Arbor Court be extended by the applicant and terminated in a cul-de-sac that also serves Lot 10. Final approval of this subdivision is also contingent on approval of the master plan by the Planning Commission and the Board of Supervisors. Waiver Request of Dr. Raymond Fish to reduce the required lot width for the creation of five family division lots. Action - Approved with Plat Restriction Mr. Miller said that Dr. Raymond Fish has requested an opportunity to address the Planning Commission to seek a hardship exemption from the 250' minimum width requirement at the front setback line for the creation of five family division lots in the Rural Areas District. Mr. Miller said that the basis of this appeal is that Dr. Fish can not create five family division lots along Apple Pie Ridge Road (Rt. 739) and meet this requirement. Mr. Miller said that Dr. Fish discussed his request with the Development Review and Regulations Subcommittee (DRRS) and the strategy suggested to the DRRS was to use only 12 one 50' private access easement and access all the proposed lots from the rear, not from Apple Pie Ridge Road. Mr. Miller said that the DRRS felt that if this method was undertaken, a restriction of some kind should be put in place to prohibit the future possibility of entrances being created from the front of the lots onto Apple Pie Ridge Road (Route 739). Dr. Raymond Fish, the property owner, said that physical constraints of the property make it impossible to get 250' of frontage on the lots; however, since he was proposing to access the lots from the rear, he felt that the 250' frontage should not be an issue. Ms. Lisa Fish, Dr. Raymond Fish's daughter, said that the reason they do not want to access adjoining Warm Springs Road was due to the steep terrain of the property on that side. She said that it wasn't feasible to build a house there and have any kind of yard. The Commission felt that it would be appropriate to have a restriction placed on the deeds and the plats to these properties that would restrict any future access from these lots directly onto Apple Pie Ridge Road. Mr. Jay Cook, the Planning Commission's Legal Counsel, advised that restrictive deed covenants were enforceable only by the owners within the subdivision; however, if the restriction was on the plat, the County would be able to enforce it. Commissioners discussed whether this situation fell under the category of hardship, injustice, or unusual condition, which were the conditions under which they could grant a waiver. They noted that the 250' frontage was enacted within the ordinance to minimize the number of driveways placed onto a major road and there was also concern about precedent setting, if the waiver was granted. The Commissioners concluded that the unusual circumstance here was that a property owner desired to make a subdivision along Route 739 and although he can not meet the current code requirements, he had presented a reasonable solution to meeting the `intent' of the Code requirements. The Commissioners noted that the two acre lot size is being met here and the only thing left to challenge was the 250' road frontage that was put in place to reduce the number of driveways. They felt that the mere fact that this particular solution addressed that issue very well inhibited a precedent setting situation. Upon motion made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend granting the waiver request by Dr. Raymond Fish to reduce the required lot width for the creation of five family division lots with a restriction to be printed on the plat and recorded on the deed prohibiting individual lot access to Apple Pie Ridge Road (Route 739) in perpetuity. 13 Informal Discussion on a proposed rezoning from RA (Rural Areas) to B3 (Industrial Transition) at the intersection of Route 669 and Interstate 81 for the Flying J Travel Plaza by Mr. Craig M. Call No Action Required Mr. Tierney said that Mr. Craig M. Call, representing the Flying J Travel Plaza, wished to informally discuss his project, which consisted of a large, modern truck stop with a restaurant, convenience store, and multiple fuel pumps. Mr. Tierney said that Mr. Call is proposing to rezone from RA to B3, the seven lots which are adjacent to Route 669 and which are located in front of the two larger parcels that make up the proposed site. Mr. Tierney added that the portion of the site already zoned B3 was rezoned in 1990 under the name of Whitehall Business Park. Mr. Craig M. Call, Community Liaison for Flying J., Inc., said that this is a network of privately -owned interstate convenience centers that serve the needs of the motoring public on the interstates. Mr. Call said that they try to attract families, recreational vehicles, and commercial drivers. Mr. Call showed slides of their existing convenience centers and he described the facility to the Commission. He said that this particular facility will cost approximately $5-6 million to build, it will generate approximately $1/2 million per year in taxes for the County's general fund, and approximately $20-30 million of annual sales will be made on the site. Commissioners asked if there would be overnight parking. Mr. Call said that they provide overnight parking for 18 -wheeler trucks, but would discourage RV vehicles from parking overnight at this time. Mr. Call said that they were exploring the possibility of having some RV hook-up sites for the future, but not as a part of this phase of development. Mr. Call said that they also own a chain of motels and inns and they usually buy enough property, as they have in this case, so that could it could be established later; however, that was not a part of this phase. Commissioners asked about sewage disposal on the property. Mr. Call replied that they would be building their own on-site treatment facility. He said that it would be a package plant which will meet all Health Department standards and will be state certified to provide the proper treatment of on-site sewage. Mr. Call said that they would be developing an on-site water supply as well, in full compliance with state standards. 14 Commissioners inquired about how the remaining lots, Lots 3-8, would be accessed. Mr. Henry Buettner, one of the principal owners of the property, explained that access to the remaining rear lots would be by a narrow strip beginning at Lot A and running along Lots 1 through 3. Mr. Buettner also described for the Commission which lots in the proposal would need to be rezoned. There was some concern by the Commission about the appearance of such a large amount of paved area from the interstate. No other major objections were raised by the Commission about the proposal. ADJOURNMENT There being no further business to discuss, Chairman DeHaven adjourned the meeting at 9:15 p.m. Respectfully submitted, Robert W. Watkins, Secretary Charles S. DeHaven, Jr., Chairman BIMONTHLY REPORT OF PENDING APPLICATIONS REZONINGS: James T. Wilson (REZ) 11 Opequon 2.99 AcresB1 1 to B2 Location: East side of Aylor Rd. (Rt. 647) Submitted: 09/14/95 PC Review: 10/04/95 BOS Review: 11/08/95 Flying J Travel Plaza (REZ) Stonewall 3.65 Acres 11 1 RA to B3 Location: SW quadrant - interchange of I-81 & Rt. 669 Submitted: 09/08/95 PC Review: 10/04/95 BOS Review: 10/11/95 Professional Mobile Home Brokers (John Tauber) (REZ) Stonewall 2.1514 Acres B2 to B3 Location: Rt. 7; 300 yds. east of Regency Lakes Dr. Submitted: 08/16/95 PC Review: 09/06/95 - Approved BOS Review: 10/11/95 James Carroll Shawnee 2.81 acres RP to B2 (REZ) Submitted: 04/05/95 Location: Custer Ave./Pembridge Rd. Submitted: 10/07/94 PC Review: Tabled by PC: 11/02/94 Tabled at Applicant's request: 12/07/94, 03/01/95, 04/05/95, 04/19/95 Next Review Date: 11/01/95 BOS Review: not yet scheduled Wayne Ridgeway (REZ) Gainesboro 2.047 acres RA to B3 Location: Rt. 522 Submitted: 04/05/95 PC Review: il Tabled at Applicant's request: 05/03/95, 08/02/95 Next Review Date: 10/04/95 BOS Review: 11/08/95 MASTER DEVELOPMENT PLANS: J.I.C. Ltd. Industrial Lots (MDP) Shawnee M1 Lot for metals works & fabrication (8.411 fl. acreage) Location: Arbor Ct. (Rt. 1000) Extension; off Victory Ln. (728) Submitted: 08/11/95 PC Review:L10111195 /06/95 - Approved BOS Review: —]FFieldstone Hghts (MDP) Stonewall 169 SF Det. T -ad. Lots (RP) Location: South of Valley Mill Rd. (Rt. 659) Submitted: 04/25/95 PC Review: 05/18/94 Tabled 07/06/94 Approved BOS Review: 08/10/94 Approved Pending Admin. Approval: Awaiting completion of review agency requirements Battlefield Partnership (MDP) Back Creek 16.3 Acres of B2 Property Location: South of Winchester, between Rts. 11S and I-81 Submitted: 02/21/92 PC Review: 03/18/92 Approved BOS Review: 04/08/92 Approved Pending Admin. Approval: Awaiting completion of review agency requirements James R. Wilkins, III (MDP) Shawnee 76 Apartments & 86 T.H. (RP) Location: South side of Rt. 659 Submitted: 11/02/92 PC Review: 12/16/92 Tabled 02/17/93 Approved BOS Review: 03/10/93 Tabled 04/14/93 Approved Pending Admin. Approval: Awaiting completion of review agency requirements SUBDIVISIONS: 11 Winc-Fred Co. IDC (SUB) Back Creek 2 M1 Lots (0.552 acres & 20.285 acres) Location: Southeast side of Development Lane Submitted: 09/08/95 PC Review: 10/04/95 BOS Review: Review not required --Has an approved MDP Fredericktowne Estates, Sect. 10 & 11 (SUB) Opequon 34 SF Detached Lots on 15.4738 Acres (RP) Location: East of Stephens City, north of Fredericktowne Estates, Sections 8 & 9 109/07/95 Submitted: 08/28/95 PC Review: 10/04/95 BOS Review: Review not required --Has an approved MDP Star Fort, Sect. I (SUB) Stonewall FF lots on 7.5713 total acres Location: Lauck Drive; east side of Rt. 832 Submitted: 08/28/95 PC Review: Review Date Pending at Applicant's Request BOS Review: Review not required --Has an approved MDP Maxwell T. Mandel, DVM (SUB) Opequon 2 Lots from 0.803 Acres (131) Location: Southeast corner of Rt. 277 and Highlander Rd. Submitted: 07/28/95 PC Review: 1 09/06/95 - Approved BOS Review: L09/13/95 - Approved J.I.C., Ltd. Industrial Lots Residue of Lot 9-A (SUB) Shawnee 2 Lots - 8.411 total Acres (Ml) Location: Arbor Ct. (Rt. 1000), off of Victory Lane (Rt. 728) Submitted: 08/11/95 PC Review: 09/06/95 - Approved (pending MDP approval) BOS Review: Review Not Required - If MDP is approved RT&T Partnership (SUB) Back Creek 1 Lot - 29.6 Acres (132) Location: Valley Pike (Rt. 11 So.) Submitted: 05/17/95 PC Review: 06/07/95 Approved BOS Review: Review not required --has an approved MDP Pending Admin. Approval: Awaiting submission of signed plat & deed of dedication Briarwood Estates (SUB) Stonewall 20 SF Det. Trad. Lots (RP) Location: Greenwood Rd. Submitted: 01/03/94 PC Review: Review date pending at applicant's request. BOS Review: Review not required --has an approved MDP Abrams Point, Phase I (SUB) Shawnee 230 SF Cluster & Urban Lots (RP) Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 Approved BOS Review: 06/13/90 Approved Pending Admin. Approvals Awaiting deed of dedication, letter of credit, and signed plat Harry Stimpson (SUB) Opequon Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 Approved BOS Review: 10/26/94 Approved Pending Admin. ApET!al.__Jl Awaiting signed plat. Preston Place (SUB} Shawnee 72 Garden Apartments (RP) Location: North side of Airport Rd. (Rt. 645) Submitted: 10/31/94 PC Review: 11/16/94 Approved BOS Review: Not required --Has an approved MDP Pending Admin. Approval: Awaiting signed plats. SITE PLANS: Rite Aid Pharmacy (SP} Fopequon Rite Aid Pharmacy on 1.5a sere Location: SE corner of intersection of Fairfax Pk (Rt. 277) & Double Church Rd. (Rt. 641) Submitted: 09/08/95 Approved: Pending Training His Tots Christian PreSchool (SP) Back Creek Shelter Renovation on 2.25 Acres (RA) Location: 4118 Valley Pike; Church of Christ at Mt. View Submitted: 09/01/95 Approved: Pending James Wood High School Addition (SP) Gainesboro School Addition on 0.43 Acres (RA) Location: Apple Pie Ridge Road (Rt. 739) Submitted: 08/31/95 Approved: I Pending Southern States Cooperative, Inc. (SP) Back Creek Fuel Storage/Retail Store on 0.60 acres (B2 & M1) Location: 5784 Valley Pike Submitted: 08/30/95 Approved: 11 Pending C�z) Redbud Run Elementary School (SP) Stonewall Public School on 26.65 acres (RA) Location: Rt. 7, approx. 1 mi. east of I-81 Submitted: 08/01/95 Approved: Pending Wheatlands Wastewater Facility (SP) Opequon Treatment Facility on 5 Acres (R5) Location: So -West of Double Tollgate; adj. & west of Rt. 522 Submitted: 09/12/89 Note: Being held at applicant's request. Flex Tech (SP) Stonewall M1 Use on 11 Ac. (Ml) Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: Being held at applicant's request. God's Glory Land, Inc. (SP) Back Creek Church Retreat on 26.45 acres (RA) Location: N.W. side of Rt. 704, approx. 3 1/4 mi. so. of Rt. 50 Submitted: 08/08/95 Approved: 09/20/95 PC Approved/ 09/21/95 Stats Approved HCMF Development Corp. Stonewall Addition on 1.6 Acres (RP) (Van Gilder's Nursing Home) (SP) Location: 1011 Pennsylvania Avenue Submitted: 05/30/95 Approved:Pending Regency Lakes Estates, Sect. D (SP) Stonewall Manufactured SF Homes on 30.1 Acres (MH1) Location: Regency Lakes Drive Submitted: 06/07/95 Approved: Pending Dawsons Investments Inc.,_ Lot 5 (SP) Back Creek Warehouse on 1.91 Acres (Ml) Location: N.W. Corner of Industrial Dr. & Development Lane Submitted: 06/27/95 Approved: 09/18/95 —11 Winchester Electric (SP) Stonewall Warehouse on 2.05 Acres (M1) Location: 120 Fort Collier Rd. Submitted: 07/10/95 Approved: 08/30/95 Redland United Methodist Church (SP) Gainesboro Church on 5.0 Acres (RA) Location: Intersection of No. Frederick Pk. (Rt. 522) & Cross Junction Rd. (Rt. 693) Submitted: 06/08/95 Approved: 09/06/95 Macedonia United (SP) Methodist Church Addition Shawnee Church on 5+ Acres (RA) Location: 1941 Macedonia Church Rd., White Post Submitted: 07/31/95 Approved: 11 Pending CONDITIONAL USE PERMITS: Hardee's-Mobile Convenience Cntr. (CUP) Back Creek Restaurant, Gas, & Convenience Center (RA) Location: Rt. 50W - Northwestern Pk at intersection of Ward Ave (Rt. 1317) at the Livestock Exchange Submitted: 09/08/95 PC Review: 10/04/95 BOS Review: 10/25/95 Joseph W. Edmiston (CUP) Back Creek Kennel (RA) Location: 1293 Hollow Road, Westview Estates, Lot 5 Submitted: 09/07/95 PC Review: 10/04/95 BOS Review: 10/25/95 Vito & Carrie Angelone (CUP) Back Creek 30 -Run Dog Kennel w/ Storage Area (RA) Location: 376 Gough Road (Rt. 618) Submitted: 08/15/95 PC Review:09/06/95 - Approved w/ Conditions BOS Review: 10/11/95 Charles W. Goff (CUP) Gainesboro Gun & Small Engine Repair (RA) Location: 10998 North Frederick Pk., Cross Junction Submitted: 08/08/95 PC Review: 09/06/95 - Approved w/ Conditions BOS Review: 10/11/95 10 VARIANCES: Patriot Homes (VAR) IFShawnee Back Creek 23' front yd & 4' right side yd for attached garage 6' rear yard for a deck Location: 315 Pembridge Drive, Pembridge Hghts, Lot 94 Submitted: 09/08/95 BZA Review: 10/17/95 Gary J. Kerns (VAR) Back Creek 23' front yd & 4' right side yd for attached garage Location: 168 Woodchuck Lane (Rt. 654) Submitted: 09/08/95 BZA Review: 10/17/95 James & Nannette Kirby (VAR) Stonewall .5' west side yard for existing dwelling (RP) Location: 121 O'Brien's Circle Submitted: 08/22/95 BZA Review: 09/19/95 Approved Winchester Countertop Stonewall 4' side yard variance for addition of compressor room Location: 183 Imboden Drive Submitted: 08/23/95 BZA Review: 11 09/19/95 Approved Timothy & Deana Dayhuff Stonewall 10.4' side yard variance (RA) Location: 117 Panarama Drive, Winchester Submitted: 08/04/95 fl BZA Review: 1 09/19/95 Approved 11 1E. PLANNING AND DEVELOPMENT - ACLIVITY REPORT #89 (S%gpt 1-15) 1. Transportation The Transportation Committee held a public hearing to present the 1996-97 Secondary Road Improvements Plan to the county's citizens. Numerous citizens were in attendance. As a result of the hearing, two additional road improvement projects have been added to the plan. The Committee will submit the plan and their recommendation to the Planning Commission for its consideration on October 4, 1995. 2. Battlefield Preservation Bob Watkins met with June Wilmot to discuss strategy. 3. GISIMapping Marcus Lemasters and Evan Wyatt continued work on ACAD mapping for the Round Hill Community study. This mapping will be utilized during the community meeting that will be held on September 25. 4. Plan Reviews, Approvals,, and Site Inspections Wayne Miller and Eric Lawrence conducted a site inspection of the Inn at Vaucluse. It was determined that the necessary site work has been completed for Phase I of the bed and breakfast's planned improvements. Eric Lawrence conducted a site inspection of the cottages at Westminster - Canterbury. Eric Lawrence reviewed a site plan for a Rite Aid Pharmacy at the corner of Fairfax Pike and Double Church Road in Stephens City. This plan is for the construction of a free-standing Rite Aid. A site plan was approved for Redland United Methodist Church to construct a new church facility located along North Frederick Pike near Cross Junction. Wayne Miller conducted a site inspection of the Stateline EXXON facility that has been completely reconstructed. This facility is located at the intersection of Martinsburg Pike, I-81, and Woodbine Road (Route 669). Page 2 BOS Activity Report #89 September 1 - 1 5 _ Meetings Bob Watkins met with a developer's representatives at G. W. Clifford & Associates to discuss a development proposal. Bob Watkins attended a meeting of the Regional Needs Assessment Committee. He also attended a meeting of the supervisory committee. Kris Tierney met with the Director of Fire & Rescue, Tom Owens, the Fire Marshal, Doug Kiracofe, the Building Official, John Trenary, and a representative from Social Services to discuss strategies for dealing with housing of the elderly within private residences in Frederick County. Kris Tierney and Wayne Miller attended the Technical Review Committee meeting to discuss preliminary issues associated with the development of the site plan for the Flying "J" Customer Service Center and expansion of the office complex for Valley Proteins. Wayne Miller met with G. W. Clifford & Associates to discuss a conditional use permit application for the placing of a Hardees restaurant and convenience store on the Livestock Exchange property at the corner of Northwestern Pike (Rt. 50W) and Ward Avenue. 6. Zoning Violations Wayne Miller did the field investigation work for seven zoning violations. Most of the violations are for inoperative motor vehicles and junk on property. 7_ Professional Development Bob Watkins attended a planners network meeting at the Lord Fairfax Planning District Commission. Eric Lawrence attended the Virginia Association of Zoning Officials workshop in Hampton. This workshop reviewed requirements of the Uniform Statewide Building Code, Volumes I and 1I. Eric Lawrence took the Zoning Officials Certification Exam. This exam is designed to certify that an individual has satisfied the management, law, and technical standards Page 3 BOS Activity Report #89 September I - 15 for zoning officials. 8- O her Evan Wyatt ran the County Impact Model to provide information associated with the proposed Wilson Rezoning. This rezoning application proposes to rezone three parcels of land located along Aylor Road from B-1 to B-2. PC REVIEW: 10/04/95 SUBDIVISION APPLI ATI N 011-95 FREDERICKTOWNE ESTATES SECTION 10 & 11 LOCATION: This property is located East of Stephens City and North of Fredericktowne Estates Section 8 & 9. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 75-A-72 SUBDIVISION SPECIFICS: Subdivision of 15.4738 acres for a 34 lot subdivision consisting of single family housing. PROPERTY ZONING & PRESENT USE: RP (Residential Performance); Land Use: vacant ADJOINING PROPERTY ZONING & USE: RP (Residential Performance); Land Use: vacant and residential. REVIEW AGENCY COMMENTS: DEPARTMENT OF TRANSPORTATION: See attached comments dated August 23, 1995. SANITATION AUTHORITY: Approved. FIRE MARSHAL: Place temporary street signage when construction begins. Burning of construction debris on site is prohibited. Access for emergency vehicles must be maintained at all times. INSPECTIONS: Building shall comply with Virginia Uniform Statewide Building Code and Section 310, Use Group R (Residential) of the BOCA Page 2 Fredericktowne Estates Sec. 10 & 11 Subdivision #011-95 National Building Code/1993. Lots 210 and 211 shall submit site plan at the time of permit application showing floor elevation and foundation drainage in reference to storm water drainage easement. Parks and Recreation: Site plan for Fredericktowne Estates dated May 15, 1995, appears to meet open space requirements. Public Works: See attached letter dated July 3, 1995. PLANNING AND ZONING: There is an approved master plan for this property. The presented plan basically addresses all the requirements of the subdivision ordinance. The open space easement that was approved for this development is not understood by many of the property owners in the other sections of this development and is a potential problem. The drawings and plats for this subdivision will need to clearly show the boundary of the open space easement on each lot as being the rear setback line. The applicant has advised that this is what he desires and this is certainly permitted. The plats should also contain a note that advises that no structures or fences are allowed in the open space easement. Staff concurs with the comments of the Director of Public Works that requires individual lot site plans for the specified lots. Also, the comments from VDOT should be complied with prior to final administrative approval. RECOMMENDATION FOR OCTOBER 4, 1995: Approval with the stipulation that all review agency comments must be complied with prior to final administrative approval. �® MMO1� WEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR 14031 OLD VALLEY PIKE COMMISSIONER PO. BOX 278 EDINBURG,22824.0278 August 23, 1995 Mr. P. Duane Brown, CLS C/O G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 Dear Duane: WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELEf703I994.5600 FAX 17031984-5607 Ref: Fredericktowne Estates Sections 10 & 11 Route 1064 Frederick County As requested, we have reviewed your site plans dated May 15, 1995 for the referenced project. Our comments may be found on the enclosed plans marked in red and as follows: 1: Your proposed typical section and pavement design of Montgomery Circle appears consistent with what we previously approved for Section 9 of the development. As I am sure you are aware, Section 9 is currently under construction. Once one of the pavement design options has been selected and used in Section 9, we ask the developer to use the same option in Section 10 and 11 in order to remain consistent. 2: Additional drainage easements are needed, as shown. 3: The pavement design of the temporary cul-de-sac at the end of Appomattox Drive will need to be provided. Also, the profile will need to be extended to include the temporary cul-de-sac. Please revise and resubmit four copies for final approval. Should any changes be deemed necessary, please design them to meet or exceed the above recommendations. If you have any questions, please let me know. Sincerely, William H. Bushman, P.E. Trans. Resident Engineer /B �`',-L By: R. B. Childress RBC:kc Trans. Permits & Subdiv. Spec. Enclosures cy: Mr. T. L. Jackson Mr. S. A. Melnikoff Mr. R. W. Watkins Mr. H. E. Strawsnyder '74 Supervisor ' TRANSPORTATION FOR THE 21 ST CENTURY :i L4.� COUNTY of FREDERICK Public Works Departmen Harvey E. Strawsnyder, Jr., RE Directo 703/665-564. Fax: 703/678-068: July 3, 1995 Mr. P. Duane Brown C.L.S. Gilbert W. Clifford & Associate, Inc. 200 North Cameron Street Winchester, Virginia 22601 �.CID RE: Fredericktowne Estates Section 10 & 11 �,. Dear Duane: We have completed our review of the subdivision plans proposed for Fredericktowne Estates Section 10 and 11 and offer the following comments: 1. Erosion and Sediment Control Narrative: A land disturbance permit will be required prior to initiating any site work. The permit fee will be waived if the subdivision plan is approved by the Board of Supervisors prior to initiating any grading. Your erosion and sediment control narrative is very thorough and adequately addresses all of the issues pertinent to this project. Our staff will inspect the field work to insure strict compliance with the narrative and corresponding plans. 2. Sheet 1 of 8: Add a note under erosion control to highlight the need for a land disturbance permit prior to initiating any site work. This permit can be obtained from the Public Works Department. 3. Sheet 4 of 8: Refer to the drainage calculations. A "C" value of 0.4 has been used for the design of the drainage structures. We suggest that this be increased to at least 0.45, preferably 0.5, to accommodate a "C" of 0.35 for the naturally sodded shales. 4. Sheet 4 of 8: Provide a topographic map which delinates the entire drainage area designated as Area "B". 5. Sheet 4 of 8: Check the combined design capacity of the two (2) - 45X29 RCEP. Also, we recommend the use of concrete headwalls for these pipes. Grouted rip -rap is recommended on the down stream end. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 Brown Letter July 3, 1995 Page 2 6. Sheet 4 of 8: Evaluate the impact of the 100 year storm on the upstream end of the two (2), 45X29 RCEP. It appears that approximately fifty (50) percent of lots 202 and 203 could be flooded during the 100 year event. 7. Sheet 4 of 8:- Consider piping the storm flows between lots 210 and 211 into the open space easement. 8. Sheet 4 of 8: Because of past experience with flooding in the Fredericketowne area, we will require detailed site plans for the following lots: 198 through 203, 207, 208 and 210. The detailed site plan should include, but not be limited to, the following: existing grades, proposed grades, finished floor elevations including basement levels, building locations, 100 year flood routing, drainage easements and drive way culvert designs. Basements are not recommended for the lots referenced above. 9. Sheet 5 of 8: The installation of the prime and double seal surface will be required before we issue any certificates of occupancy. Please contact the undersigned if you should have any questions regarding the above comments. Sincerely, Harvey E Strawsnyder, r., P.E. Directo of Public works HES:rls cc: file 71. � ;Qq �o v 4r,,� • dOpQpd�4 �` off,, q4a► � _ `n 135 Chu,ch 104C P �uod -UBDIVISION # 011-95 PIN: 75—:A.-7'4 7 redericktowne Estates, Sec. 10 & 11 e - s I G _ 81 " Fov� f b2 Y line Drive W2'3" X . Pqk 111A ?3 3 ee tt h 143C 78 dF o , , : ri ,� Q- see-�e 171' 4 0 R Av ?77 5 6 117 73 79 220-2. 143E A 6 Y��eG-r,r$�A 11511 -UBDIVISION # 011-95 PIN: 75—:A.-7'4 7 redericktowne Estates, Sec. 10 & 11 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date:14 June 1995 Application #: Fee Paid S -.60 Applicant/Agent: Gilbert W. Clifford and A,sociates, Inc. Address: 200 NorthCameron Street Winchestgr, Virginia 22601 Phone: 703-667-2139 fax„703-665-0493,_ Owners name: Top of Virainia Development Corpor4tion Address: PO Box 2715, Winchester, Va. 22604 Phone: (703) 667-2120 Please list names of all owners, principals, and/or majority stockholders: Mr. David B. Holliday and Mr. Ron Shickle Contact person: P. Duane Brown Name of Subdivision: Fredericktown Estatgs - Sections 10 & 11 Number of Lots: 34 Total Acreage: 1.5.4738 Acres Property Location: East of n inorth of Fredericktowne Estates ---.Sections 8 & (Give State Rt.#, name, distance and direction from intersection), Magisterial District: Opeauon Property Identification Number (PIN): ParL ofPar 75-A-72 '1 r .l Property zoning and present use:RP zoning and vacant use Adjoining property zoning and use:RP zoning and vacant and Residential uses Has a Master Development Plan been submitted for this project? Yes XX No If yes, has the final MDP been approved by the Board of Supervisors? Yes_XX_ No What was the MDP title?Fredericktowne Estates Does the plat contain any changes from the approved MDP? Yes No XX If yes, specify what changes. N/A Minimum Lot Size (smallest lot): 9,978 square feet Number and types of housing units in this development: Number: 34 Types: _34 single family detached Comment sheetq and plans delivered on June 14, 1995 to: VDOT FCSA FIRE MARSHAL COUNTY ENGINEER INSPECTIONS PARKS AND RECREATION LORD FAIRFAX SOIL & WATER SCHOOLS FEES BASE FEE $1,000.00 10 LOTS @ $90.00 = $ 900.00 24 LOTS @ $45.00 = $1,080.00 $2,980.00 nNAL PLAT equon Magisterial District Frederick County, Vr inia phe City .i: 1�•'° �� r r� a P JE`CT- �{BM li o,! as Radio ;,- •� •' lir o Facilih� it j I�E 1j. •; .• . �•,. � , a, • :9th , : � • 7.. .;,:,.� , �-. � - - ••• -zS0. _ J jW W!Uty Ma - APPROVED BY - Frederick County Sanitation Authority Date Planning Commission Date Subdivision Administrator Date Va. Dept. of Transportation Date OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Top of irrginia Development Corporation, as appears in the accompanying plats, is with the free consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any, Date NOTARY PUBLIC 1. I a Notary Public in and for the State of Virginia, at large, do certify that —'whose names are signed to the foregoing Owners Certificate, have acknowledged the some before me in my state. Given under my hand this_______ day of _ 1995. My commission expires �,•___ " SURVEYOR'S CERTIFICATE 1 hereby certify that the land contained in this subdivision is a portion of the land conveyed to Top of Virginia Development Corporation by deed dated January 21, 1992 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 772 at page 1423. 46P"11 O'P y 1 P. DUANE' BRQWN � NO. 1285 ti0 SURVC -,,-C P. Duane Brown, L.S. DATE: JUNE 5, 1995 1 COVER SHEET FFE* "5021: PL10-1.DWG" gilbert w. Clifford do associates. inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET k"10 150-c ad@ a+.rr,.ia� crl" 1 Fr*&wWk w% vkVinia 224M wrrh North e Stint OF ah.star. vkginia 226M(70M 8ee-2+15 paay 467-2t39 9 Area Summary Area in Lots 7.9688 Acres Area in R/W a9442 Acres TOTAL AREA SUBDIVIDED 8.9130 Acres Number of Lots 16 Average Lot Size 21,695 Sq. Ft. Open Space Easement Provided (This Section) 3.6535 Acres Total Open Space Easement Required to Date 13.0659 Acres Total Open Space Easement Provided to Date 14.9183 Acres EAIS77NG ZONING. RP EXIS77NG USE.' VACANT All lots are single family detached - traditional • Denotes iron rod to be set on property line 35' from right-of-way line. All lots are subject to a 20' Slope & Drainage Easement MINIMUM SETBACK REQUIREMENTS along all rights-of-way and a 10' Utility & Drainage FRONT = 35' Easement along all property lines. SIDE = 10' REAR 25' P. DUANE BROWN NO. 1285 ANO SURVe�� ]FIredarnodh®wme Toutez Becatoolm no DATE: JUNE 5, 1995 CURVE TABLE FILE#: "5021: PL10-1.DWG gilbert w. clifford & associates. Inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS 2 150-C ads asr,«id, Drive 200 Norm Common Street OF Frodrld iixaS "b 22401 (703) 80-2115 �� (703)6 67-2139 9 Curve Table CURVE RADIUS LENGTH TANGENT CHORD BEARING DELTA 1 379.10 55.72 27.91 55.67 S 2104 39 W 08'2519 2 1 329.10' 1 80.47 40.44 80.27 S 87'50'19 W 14'00 36 3 354.10 131.88 66.71 131.12 N 35'39 13 E 21-20'22" 4 354.10 299.87 159.59' 290.99 N 70-35'01 E 48-31"14' 5 220.00 192.48 102.89' 186.40' N 18'36'46 W 50'07 40 6 379.10 69.89 35.04 69.79 S 22'08 53 W 10'33 46 7 379.10 69.89 35.04 69.79 S 32'42 39 W 10'33 46 8 35.00 49.89 30.25 45.7 S 02'50'32' E 81'40 08 9 245.00' 61.42 30.87 61.26 S 36.29 41 E 14-21'50'- 4'21 5010 10 245.00 61.42 30.87 61.26 S 22'07 51 E 14'21 '5- 11 245.00 35.19 17.62 35.16 S 10"50 04 E 08'13 45 12 25.00 18.30 9.58 17.89' S 27'41'26* E 41'56'30 13 50.00' 35.42 18.49 34.68 S 28-22'06* E 40'35 08 14 50.00 42.44 22.59 41.18 S 16-14'25 W 48-37'54* 15 50.00 42.44 22.59 41.18 S 64'52'19 W 4837 54 16 50.00 42.44 22.59 41.18' N 6629'47 W 48'37 54 17 50.00 42.44 22.59 41.18 N 17-51'5,3 W 48-37'540 18 50.00 35.27 18.40 ----1'3.58--T3.87 34.54 N 26-39'31' E 40'24 56 19 25.00 24.89 N 18'20 55 E 57-02'08" 20 195.00 114.04 58.70' 112.42 N 26-55'23 W 33-30'27* 21 35.00 49.89 30.25 45.77 N 84'30 40 W 81'40 08 22 379.16'----!;1'.65-i 6.05 91.43 S 61'3448 W 13'51'06 23 379.10 107.36 54.04 107.00 S 76-37'08- W 16'13'34' 24 1 379.10 66.91 33.54 66.82 S 89'4716 W 10-06'42* 25 1 329.10 139.82 70.98 138.7 N 68'39 47 E 24'20'30'- 420 3026 26 329.10 89.00'_]_44.77 88.73' N 48-44'42* E -15-29'400 27 329.10' 94.00 47.32 93.68 N 32'48 55 E 16'21'54 Area Summary Area in Lots 7.9688 Acres Area in R/W a9442 Acres TOTAL AREA SUBDIVIDED 8.9130 Acres Number of Lots 16 Average Lot Size 21,695 Sq. Ft. Open Space Easement Provided (This Section) 3.6535 Acres Total Open Space Easement Required to Date 13.0659 Acres Total Open Space Easement Provided to Date 14.9183 Acres EAIS77NG ZONING. RP EXIS77NG USE.' VACANT All lots are single family detached - traditional • Denotes iron rod to be set on property line 35' from right-of-way line. All lots are subject to a 20' Slope & Drainage Easement MINIMUM SETBACK REQUIREMENTS along all rights-of-way and a 10' Utility & Drainage FRONT = 35' Easement along all property lines. SIDE = 10' REAR 25' P. DUANE BROWN NO. 1285 ANO SURVe�� ]FIredarnodh®wme Toutez Becatoolm no DATE: JUNE 5, 1995 CURVE TABLE FILE#: "5021: PL10-1.DWG gilbert w. clifford & associates. Inc. SHEET ENGINEERS - LAND PLANNERS - SURVEYORS 2 150-C ads asr,«id, Drive 200 Norm Common Street OF Frodrld iixaS "b 22401 (703) 80-2115 �� (703)6 67-2139 9 ",,j- — — ac jv•,v. 3wazn • Denotes iron rod to be set DB .910 Pg. 275 on property line 35' from x Zoning.• RP ^� d�'x UsW Single AwnOy Bes&on9W right—of—way line. N 14'51 '17" E 755.71 ' MINIMUM SETBACK REQUIREMENTS 128.14' 45.6.7' i. DEFRONT 1035' a, > REAR = 25' m h :� SEE SHEET 2 OF 9 FOR 7CURVE TABLE moS Nt^ °�� ��� a� OPEN SPACE. EASEME.N.T. W Z 3.4866 AC. W r .n 196 o %m `� o 213 sq. Ft. 10� o y Nj� (12,854 Sq. Ft.) N �t1�, X,\ �9 10 • tVy p0 30,067 Sq. Ft`. N ry R6' 186 '� 00 Ch rxLlw-�-To Afmtgomery Circle 50, RIK OF y P. DUANE O -n BROWN NO. 1285 ANOSURVE-4g F v f Z!2�9e v,- .jw - �Zj. 0 25 so 100 ale All lots are single family detached — traditional. All lots are subject to a 20' Slope de Drainage Easement along all rights—of—way and a 10' Utility and Drainage Easement along all property lines. IFn11eAc kgowrme Oftudeim ne DATE: JUNE 5, 1995 SCALE : 1" - 50' FILE/: "5021: PL10-3.DWG" gilbert w. clifford & associates. Inc. ENGINEERS — LAND PLANNERS -- SURVEYORS SHEET 3 150—C aide Cnwmv h Ikiw 200 North Cameron Street OF Fredwidaburg, Wola 22401 Winchester, Vlrpinra 22801 (703) 598-2115 (701) e67-2139 9 � >99 0999 X49 •� Sy��r r 0— z L6 0 w Ln1,97 14 (`r° w "� I o 14, 303 Sq. Ft I 0 0 f �lo W / i 13 N a_ N�15 / \ 12 O / J r30.3�> � j 196 y Z. a a' \ 6' 17,928 Sq. R. \ O N a N\9 6g� \ 5 �Cv)�Oti o 9� J n� `�j/ 10 • Denotes iron rod to be seKppropertyne 35' from right—of—way line. / 194 MINIMUM SETBACK REQUIREMENTS / FRONT - 35' SIDE = 10' 0 25 50 100 REAR 25' SEE SHEET 2 OF 9 FOR CURVE TABLE All lots are single family detached — traditional TH of All lots are subject to a 20' Slope de Drainage Easement along all rights—of—way Yr and va 10' Utility and Drainage Easement along all property lines. P. DUANE�, 1C Il��C�IPIlC��I��D�IlIlC� Jrv���a5 �l►u.Il®IIIl �.® O BROWN 9 DATE: JUNE 5, 1995 SCALE: 1- — 50' TFT—E#: "5021:PL10-4.DWG" NO. 1285 giibert w. clifford & associates, inc. SHEET ENGINEERS — LAND PLANNERS — SURVEYORS 4 200 <�Su� 150-c ade Crs.nMidh "la 22401 winndtat�er, AviMa 22601 9F Fes' (703) 667-2139 (703) $98-2115 Lot ¢3 Lei; Zo Lot ¢s� - !6eC il,a9e S S 54-49,15, �'' ., OAe l l`ian p e 64 8 7.92' E �'� Ilse . �'"VaccE,C„ on 615 49'Z'L9le �arnil� Re . •s'iderity� \ • Denotes iron rod to be set \ on property line 35' from right—of—way line. 1 �F` MINIMUM SETBACK REQUIREMENTS Sti FRONT a 35' F SIDE = 10' �.� REAR = 25' �1 d' SEE SHEET 2 OF 9 FOR 0, CURVE TABLE 0 25 50 100 V J \ j OPEN J, SPACE. EASEMENT �� � 3.4866 AC. LA C o cn �b•�o° — caa (z�� z s �. Irl � ��Q `� c1ti � v g• �`l. \ � M 40,477 Sq. Ft. e ` a ,200 99 � 16 � 154 57' / " 49 26 38ti x,23 / 1Ve \ SE " �8 Ke t t f EEr n 4 oF� �*�,Z,G� \ >9% 1 14 lJ Q All lots are single family detached — traditional \ nU15G—C All lots are subject to a 20' Slope dt Drainage Easement along all rights—of—way andda10' Utility and Drainage Easement allo},n�g, all property llin�es. 1C ll C�IPllchow e ya� geo e eddooim It DATE: JUNE 5. 1995 SCALE: 1" 50' RLE4P "5021:PL10-5.DWG" gilbert w. Clifford dt associates, inaENGINEERS - LAND PLANNERS - SURVEYORS SHEET 5 15a—C Oide Greenwich Drive 200 North Cameron street OF Fie"' daburq, vir+q 22401 wYrdrater M—I.lo 2260" 9 (703) 698-2115 (703) 657-2139 eo , '*la • Denotes iron rod to be set on property line 35' from right—of—way line. MINIMUM SETBACK REQUIREMENTS FRONT = 35' S SIDE 10' -l'i pd�LREAR 25' ,p SEE SHEET 2 OF 9 FOR CURVE TABLE 0 25 50 too IT, LA - w LLJ W a F SA pF�L cn00B AFBF rF \ o M S6 l o q�, z 0 O0 0 9`r9 J y� 198 J 11,11 (5> C2 16 Ne Ileri p All lots are single family detached — traditional 0taNO.1285 All lots are subject to a 20' Slope ac Drainage Easement along all rights—of—way anda110'Utility and DDrainage Easementt alloon�,g,all property lines. 1i' ll lrslSllC�IlIIC�JAIIWI�DIlC� 1Cv�lk�itll`y OWdGI Il l® DATE: JUNE 5. 1995 SCALE: 1" 50' FILE#: "5021:PL10-6.DWG" gilbert w. clifford do associates. inc. ENgNEERSLAND PLANNERS — SURVEYORSSHEET 150 -C dd. Greenwich Driv. 200 North Cameron Street OF Frederldmbur% Vk'9tib 2240 wlnd+ater. VGgtila 22607 (703) 898-2113 (703) 867-2130 9 Ft�a( It �, All lots are single family detached - traditional a98 ��Sa y6�5 �9 All lots are subject to a 20' Slope & Drainage Easement along 0'r0 t52g� pp� Z / \ all rights-of-way and a 10' Utility and Drainage Easement along �ry D6,:t" E_ , all property lines. • Denotes be line 35' o onm 2O'`�A right-of-way line. MINIMUM SETBACK REQUIREMENTS -� FRONT = 35' SIDE = 10' REAR = 25' SEE SHEET 2 OF 9 FOR 4 CURVE TABLE 0 25 50 100 j 0r ,203 �n cr►_ OPEN �' 20' N Z SPACE �gSEM INq�E f"' t'', Z P EASEMENT` r^ `' 3.4866 AC:129.021 P N g 32'00'00" Eco rn 21, 816 Sq. F Iro. 7/ S 21-29 39n ' / 1 (10, 000 Sq. Ft.) .50' 45.20' 116.70' �, ,2\t,\ 00 ! ' , `' � � �'. � J1,816 Sq. Ft ��^ ' � ', ti,', '1 1 J�A.,d '90,21\, , `, I ,201 , ` 12,945 Sq. l,L 15,464 Sq. Ft. y\11',y`',j O 16 18 _ 1 ', / �� — � 195.56 21 ' '19'4 E , 19 34 ; \ 15 �� 5 \ q,, 4,5 „,,�,TH OF y _ SL P. DUANE �, QIP C�II°IlC��U.®�\ IIIlC� lC�c�lk�l�@'e `� SeMno0im N Greenwich Drive BROWN ""' V�p�` DATE: JUNE 5, 1995 SCALE: 1" = 50' FILE{t: "5021:PL10-7.DWG" N❑. 1285 giibert w. Clifford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET pQ _ 7 q�0 SURVEY ,50 C q Fredericksburg, � wr,0 North orth Cameron street OF Virginia 22801 9 (703) 898-2115 (703) 887-2139 • Denotes iron rod to be set on property lina s 35' from right—of—way line. sQ. MINIMUM SETBACK REQUIREMENTS FRONT — 35' �s,, 2 �� Q!� SIDE = 10' 032• �� �s� REAR a 25' SEE SHEET 2 OF 9 ��` FOR CURVE TABLE alb_ 9 �' S, C5 ' L U) ,111" � UP zo OPEN N con SPACE. ^ 4i EASEMENT rn 3.4866 AC. Ft.) w \ 18,173 S4; i (11,282 S . Ff. iN y 59 �t) (100 �Ft % p0001 N V G 2o/ 1 L ,2 /// \ 20 / 03 � � . � . 21,282 Sq. Ft. cv 28,173 Sq. Ft cavi- Nom. • GY � N ' I `-' �p N ,,4� 0 0 % 20' 1 6-91 1202 O -IN 0- �;, X40:45: 50' Rim l clN :' Ctir e f �/ N t 01� 4 _ / 207 SEE SHEET ° Zs 5a 100 SOF H All lots are single family detached — traditional �TH OF All lots are subject to a 20' Slope & Drainage Easement along all rights—of—way Gf anjd�a 10' Utility and Drainage Easement along property lines. D P. Ue ANE li' Il°C��C�IPIlC�Li�IL®�IlIlC� !.>.�eolksu eoo '::Z�' 2ecd®IlIl n® n BROWN DATE: JUNE 5, 1995 SCALE: 1" = 50' FILE#: "5021:PL10-8.DWG" NO. 1285 gilbert w. clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET <,gA,O SURVE-'& 150—C ad. Cro nwich Drfw 200 North Cameron Street OF Fredericksburg, Virginia 22401 YMnchester, Virginia 22601 (703) 898-2115 (703) 667-2139 9 d"reQ'e-Z kz`o osed S'e S 33. `� se2ac pg n� O¢ �i`rcM' SPA CE ` 20' �� O ASEMENT S � NITgRY 669 AC. Ln fgSfME � NT t) 0 (�¢39 • F� N (� O ` / 2 ✓ / S9• Ft) V Lot 166 T N� f 7,308S q. Ft. V S 37-F7-;2-8M--- E 192` 21 •N 20' �--.� `21' (� ORA/NAGE EASEM QA 4 �' ,206 R New Ife�zt A � m o N 43'40'36" w 1J,697 Sq. Ft. o b 105.00' Court ( _ _ 50' R/A�' S 49'00'08" E 200.39 y 8 j — — — Lot 167 o 0 '905 Ft. LL- 0 193 O 14.644 Sq. Li O ` /g2' , • Denotes irin rod to be set w , ` _ f 190 on property line 35' from x , ✓ 24'0' right-of-way line. ��_s/" W J 78 eS MINIMUM SETBACK REQUIREMENTS w O9 A l $ Lo Estat FRONT = 35' 2508 2' N 60.2 'd sCkCO�89JZP �{gs�d� REAR =SIDE 125' Fre $e'900, TaR+'�y SEE SHEET 2 OF 9 FOR CURVE TABLE O \`, Use:silw9 0 25 50 100 All lots ore single family detached — traditional 'TH op All lots are subject to a 20' Slope & Drainage Easement along all rights—of—way j and �a10Utility and jDrainage Easement along all property llines. ¶ P. DUANE Jl' ll-lrslUlC�IlaIIC�.lA�ll.®�IlIl�s lCQo�lk�llll. e `� I�?I(�delm 0 BROWN ��,p�r.•e�.�✓ DATE: JUNE 5, 1995 SCALE: 1" 50' FILE#: "5021:PL10-9.DWG" NO. 1285 gilbert w. clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET <,QA,O SURVE-(O 150-0 Olds Greenwkh Driw 200 North Cameron Street OF Fredericksburg, Virginia 22401 Winchester, Virginia 22801 (703) 898-2115 (703) 887-2139 9 FINAL PLAT Frail gichowme ¢ o Swum nn Opequon Magisterial District Frederick County, Vir inia Stephen .City iBM 11 "". _' ,' ��, Radio n �; i_OpJECr4.. '��� '.r._•,, •, Wit.•' e w',-:-��• i'c. 1•.•. • G' .'t:. -AWT• -ue L� �•�.. ��' •'� / •for . :7 l , 7e0•'V. y y e. 3 1ACWiy Ma Swl� f --20W APPROVED BY Frederick County Sanitation Authority Date Planning Commission Date Subdivision Administrator Date Vd. Dept. of Transportation Date OWNER'S CERTIFICATE The above and foregoing subdivision of the land of Top of Virginia Development Corporation, as appears in the accompanying plats, is with the free consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any. Date NOTARY PUBLIC 1. a Notary Public in and for the State of Virginia, at large, do certify that whose names are signed to the foregoing Owners Certificate, have acknowledged the some before me in my state. Given under my hand this_ _ day of 1995. My commission expires __^_—_ SURVEYOR'S CERTIFICATE I hereby certify that the land contained in this subdivision is a portion of the land conveyed to Top of Virginia Development Corporation by deed dated January 21, 1992 as recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 772 at page 1423. ,'TH op P. Duane Brown, L.S. l� P. DUANE V BROWN y,p DATE: JUNE 6, 1995 COVER SHEET FILE#: "5021:PL11-1.DWG" ' ND. 1285 gilbert w. Clifford do associates, inc. QI, ENGINEERS — LAND PLANNERS — SURVEYORS SHEET C�ti4 SURV4(O —C Olds Craarkwkh v 2M North Cameron Strnet FrodarkWusM OF (703) 698-2113 tYltiehester, Vhq M 22601 8 (703)ee� zt� Area Summary Area in Lots 5.4963 Acres Area in R1W 1.0645 Acres TOTAL AREA SUBDIVIDED 6.5608 Acres Number of Lots 18 Average Lot Size 13, 301 Sq. Ft. Open Space Easement Provided (This Section) 0.7636 Acres Total Open Space Easement Required to Date 14.0500 Acres Total Open Space Easement Provided to Date 15.6819 Acres EXIS77NG ZONING.- RP EXIS77NG USE. VACANT All lots are single family detached - traditional • Denotes iron rod to be set on property line 35' from right-of-way line. All lots are subject to a 20' Slope do Drainage Easement MINIMUM SETBACK REQUIREMENTS along all rights-of-way and a 10' Utility do Drainage FRONT = 35' Easement along all property lines. SIDE = 10' REAR 25' Tx of y IV P. DUANE S' V� n BROWN 9 NO. 1285 3-%-0 SURVE{ r4 R -ed eg-fl ktowme Eoftgeo DATE: JUNE 6, 1995 CURVE TABLE FILE#: "5021:PL11-1.DWG" gilbert w. Clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 2 150-0 Olds Gromwkh Drlw 200 north Cameron Street OF FnWwkkd m V. Virginia 22401 Wlnchsster, ftblo 22601 8 (703) a98-2115 (703) 667-2139 Curve Ta bl e CURVE 1 RADIUS 329.10 LENGTH 80.47 TANGENT 40.44 CHORD 80.27 BEARING N 8750'19 E DELTA 1400:36' 2 220.00' 100.98' 51.40' 100.10' S 0073'22" E 26-18-00- 678 00"3 J 354.10' 187.48' 95.99' 185.30' S 6959'19" E 3020'07" 4 245.00' 207.61' 110.50' 201.45' S 10 54'11 " W 48'33'07" 5 329.10' 167.59' 85.66' 165.79' S 84:3439" E 29'10'40- 6 329.10 87.12 43.82 86.87 S 62-24'17- E 1570 04 7 35.00' 54.98' 35.00' 49.50' S 09'49'15" E 90700'00" 8 270. 00' 89.03' 44.93' 88 63' S 25 4356 " W 18 53'37" 9 270.00' 70.20' 35.30' 70.00' S 0850'14" W 14'53'47" 10 270.00' 69.56' 34.98' 69.37' S 0559 :3l" E 14 4543" 11 379.10' 66.91 33.54 66.82 N 86-5657--w- 10'06'43 12 379.10' 66.91' 33.54' 66.82' N 69 59'19" W 100642" 13 379.10 66.91 33.54 66.82 N 59 52 36 W 10 06'43 14 220.00 85.44' 4J.27' 84.91' N 24 03'11 " E 2275'07" 15 35.00' 54.98' 35.00' 49.50' N 8070'45" E 9000'00" Area Summary Area in Lots 5.4963 Acres Area in R1W 1.0645 Acres TOTAL AREA SUBDIVIDED 6.5608 Acres Number of Lots 18 Average Lot Size 13, 301 Sq. Ft. Open Space Easement Provided (This Section) 0.7636 Acres Total Open Space Easement Required to Date 14.0500 Acres Total Open Space Easement Provided to Date 15.6819 Acres EXIS77NG ZONING.- RP EXIS77NG USE. VACANT All lots are single family detached - traditional • Denotes iron rod to be set on property line 35' from right-of-way line. All lots are subject to a 20' Slope do Drainage Easement MINIMUM SETBACK REQUIREMENTS along all rights-of-way and a 10' Utility do Drainage FRONT = 35' Easement along all property lines. SIDE = 10' REAR 25' Tx of y IV P. DUANE S' V� n BROWN 9 NO. 1285 3-%-0 SURVE{ r4 R -ed eg-fl ktowme Eoftgeo DATE: JUNE 6, 1995 CURVE TABLE FILE#: "5021:PL11-1.DWG" gilbert w. Clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 2 150-0 Olds Gromwkh Drlw 200 north Cameron Street OF FnWwkkd m V. Virginia 22401 Wlnchsster, ftblo 22601 8 (703) a98-2115 (703) 667-2139 Denotes iron rod to be set on property line 35' from right—of—way line. Q tes MINIMUM SETBACK REQUIREMENTS FRONT = 35' off' e SIDE = 10 REAR = 25' o `�� ®j o�� 1® SEE SHEET 2 OF 8 FOR CURVE TABLE �e'r d jG • �'�' a o so 100 edel+tSeG���v�ca� 0 , �• i QJ P 05 or X10 YNR ,-4 /-C�00 1 j ��' / 1 V QJ :: � � Sa' fit. INe 14,0 g5'� Nom. t Qi 209 l /,'--o��1, 775 Sq. Ft. MLiJ (� IS_ (137.93') 0 25'10'45" W 191.65' 2 10 W SEE SHEET 4 OF 8 I TH OF � l� P. DUANE O •nn BROWN NO. 1285 SHO SURVEY 4 26 00 LL. 0 i 00 W LLJ V) w ,219 All lots are single family detached — traditional. All lots are subject to a 20' Slope do Drainage Easement along all rights—of—way and a 10' Utility and Drainage Easement along all property lines. TrEd Ac how me Yowezze &ctn®m nn DATE: JUNE 6, 1995 1 SCALE : 1" = 50' FILE#: "5021:PL11-3.DWG" gilbert w. Clifford do associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS 150-C ads Crewwkh Drl" Fredarkksburg, Virginia 22401 (703) 898-2115 200 North Common Street w1ne"Ster, Virginia 22801 (703) x67-2139 SHEET 3 OF 8 8 • Denotes iron rod to be set Z> n — ���D _ on property line 35 from J right—of—way line. MINIMUM SETBACK REQUIREMENTS onlgomery Circle FRONT = 35' 486.79 SIDE 10' S_ 54'4_159''—r --ER ' ' 392.30' SEE SHEET 2 OF8 FORCURVE TABLE 50R/IY 75.00' :. 83.47' 83.47' f .....% 10' 1 Lr) C, ,21,2 I 5, 478 Sq. Ft. ., 19, 823 Sq. Ft. 22, 558 S Ft. olW^00 n I I q I� I . I t o o SAN. SEWER 1 w I N ESM'3 T I �.N 2 M I i;: i N t "'I� rn z 20' Iol�l N t.l.. I"' DRAINAGE 'n N NIN ?900 I I I o A ... ,� f 965f 9 S I ................ M ! Sq .F �0. ST.v lowZS?- - X332 ..r:. . �� . . O 6S�O E .. �¢ ¢B� Sq Ff I U) Qe -1-ee C14 `Lo F 0 S� ME tyle n9 c �S,�Q4 \ � T04 S l ¢u� -Qe 81 , o 2s 50 100 N 14 21 '49" W 115.30' , kzx of G 1� P. DUANE 0 .//�►► BROWN *" NO. 1285 ANO SURVE-(� U- 0 F - w LJ V) W w V) All lots are single family detached — traditional. All lots are subject to a 20' Slope do Drainage Easement along all rights—of—way and a 10' Utility and Drainage Easement along all property lines. Tina lrflk k),�5me 2ecdGIM nn DATE: JUNE 6, 1995 1 SCALE : 1" = 50' FILE#: "5021:PL11-4.DWG" gilbert w. clifford & associates, inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET 4 150-c aide Greenwich Drive 200 North Cameron strut OF Fredericksburg, Virginia 22401 Winchester, Virginia 22601 (703) 898-2115 (703) 667-2139 8 • Denotes iron rod to be set on property line 35' from S right-of-way line. \ `SsC� cSOr MINIMUM SETBACK REQUIREMENTS \ �� 9�Sy FRONT = 35' >i� SIDE 10' -C`4S. �Q REAR = 25' SEE SHEET 2 OF 8 FOR CURVE TABLE / / % \ fig, Cells a 25 so 100 00 / p // y", . 2 �ho ` `127= y' ►`J ® 14 �z co tri ......... �/ C0K y 1 ro C• N�� �, .:..::.::.. 1 � X3,638 .5t o •tp \ ...... 1 N 9 Ft. `y O I C3� :.. ham• ��Q O X422. W 51.75')y —! N 88'36'- w (13Q. 71 Z 182.46' O U) 15.714 Sq• Ft. a c o ` 25 00' 25'00 yr : 1s �� 21 5.53 ent moo, o t�9 a�>>. 573�38» W tore De e�lopTn S 7 F Zonz pracant All lots are single family detached - traditional. �'TH Op L All lots are subject to a 20' Slope 3e Drainage Easement along all rights—of—way f� and a 10' Utility and Drainage Easement along all property lines. PB DANE I�°n°c�lc��°nc howmc� DATE: JUNE 6. 1995 SCALE : 1" = 50' FILE#: '5021:PL11-5.DWG" ' NO. 1285 gilbert w. clifford & associates. Inc. ENGINEERS - LAND PLANNERS - SURVEYORS SHEET `'IAI° SURvE�° 150-0 Old. Crsenwie6 0rtw 5 Fredaidcabur% WOW 22401 200 Nath Cameron Street OF MAnehestar, Virginia 22801 (703) 898-2115 (703) 887-2139 8 w w = ao W O � N 0 0 L6 N C2 W L0 0 r z s Denotes Iron rod to be set rY/F Palley dfortgage & Investment Corp. on property line 35' from ,OB 5,96 Pg. 584 right—of—way line. Es Zoning:• RP — Ex Ilse.- Vacant MINIMUM SETBACK REQUIREMENTS FRONT = 35' SIDE = 10' _ _ _ S 54'49'1,5 " E_ _ 781.78' REAR = 25' 81.13' 81.13' 81.13' ,2,2,2 �_ ,2,23 n I ,2,24 110Io 10,141 Sq. Ft. Io - I 10,141 Sq. Ft. 10,141 Sq. Ft., l a tn I II�nIN tnlN N to I—L — — 81.13' _ 81_13' _ 81.13' Q) Montgomery Circle Sip S 54'49'15" E _ 486.79' 6-0, Rl#r 392.30' 3 94.49' o z 0 S 54 49'15" E 0 34.49' N 41.17' Q, Q, F P. DUANE � O BROWN NO. 1285 SURvE.<-,4 0 O M o 75.66' ;2 1 10, 563 5 w X01.8 b\ 11.0 N a 23 50 100 �O\ SEE SHEET 2 OF 8 FOR CURVE TABLE All lots are single family detached - traditional. All lots are subject to a 20' Slope & Drainage Easement along all rights-of-way and a 10' Utility and Drainage Easement along all property lines. Tirlaqwflehowme IES a oednom nn DATE: JUNE 6, 1995 1 SCALE : 1" — 50' FILE#: "5021:PL11-6.DWG" gilbert ENGINEERS 150-C Olde Grwnwich Driw Fredericksburg, Virginia 22401 (703) 898-2115 w. Clifford & associates, inc. — LAND PLANNERS — SURVEYORS SHEET 6 200 Month Cameron Street OF INInchester, Virginia 22801 8 (703) 887-2139 LL. r7 UJ 2p9 V) w I w J 0 I.,qo Li z w w z>3-1 � ,TH 4F L P. DUANE''Z, BROWN N0. 1285 !q SURVC 9 • Denotes iron rod to be set on property line 35' from ►� right—of—way line. ' MINIMUM SETBACK REQUIREMENTS FRONT = 35' SEE SHEET I SIDE 10' 8 OF 8 REAR = 25' O SEE SHEET 2 OF 8 FOR CURVE TABLE N 35'10'45" E 125.00' .219 ' aro 10,142 Sq. Ft. 1 I � L S 35'10'45" W 125.00' I � ") 17 00 I La In �W I10,141 Sq. Ft. I ao L --iI S 35-174R W 125.00' W r� I co 10,141 Sq. Ft. I v. L I Lr) S 35'10'45" W 125.00' 1212'2 o zs So 100 SEE SHEET 6 OF $ All lots are single family detached — traditional. All lots are subject to a 20' Slope & Drainage Eosement along all rights—of—way and a 10Utility and Drainage Easement along all property lines. Il ndw-flelk9owme I&OWW a 00dn®IM nn DATE: JUNE 6, 1995 SCALE f " 50' FILE#: "5021: PL11-7.DWG" gilbert w. difford & associates, Inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET 150-c ad. Cremwkh OrFm 7 Fre&wk *urq, vFglna 22401 200 hath Came* caret OF WNrhaster: ;Mlr a 22801 (703) 598-2115 (703) 887 2139 8 • Denotes iron rod to be set on property line 35' from te$ right—of—way line. , MINIMUM SETBACKREQUIREMENTSo Esti r��/t+t DE — 10JJ 204 °'ti�Tly Y av REAR = 25' of Cit j 0 $e 0� SEE SHEET 2 OF 8 FOR CURVE TABLE fire Lae`r 0�, �c 0 25 50 100eCts E °$ ,rod ti� R 9� p 5a�• 00 �• ° 1L 2 OPEN . - N A "9 ��� ^'� Z.. Sp ACE o O, •+., CD ( \ 863 Q) C14°o � �, �Za g 1� ;4. 60 W� \ ' a) �N9 g z Ft• y 11,466 SL I IN 95 � U- ©1 1 C) Q \ ; O 9, 978 Sq. Ft. 00 zo9W I W N�, S 35.10'45" w — 125.00' ot 0 N� CO (0 C) z>0 ��,It SESHEET7OF8 All lots are single family detached — traditional. �TH OF y All lots are subject to a 20' Slope de Drainage Easement along all rights—of—way r and a 10' Utility and Drainage Easemeen�ntaa a��o}}n,,��g,, all property lines. •� ¶¶ P. DUANE v, Trad �IPIlC�howme Eoftpw �' 2ecd®ml nn BROWN �,�.w•�> DATE: JUNE 6, 1995 SCALE : 1" = 50' FILE#: "5021:PL11-8.DWG" NO. 1285 Hilbert w. clifford do associates. inc. ENGINEERS — LAND PLANNERS — SURVEYORS SHEET SURVE-' 1F'30 ►% �a 22401 Drive �ch� 0irgini0f Street OF (703) M-2115 Virginia 22801 8 (70� ae7-2130 PC REVIEW: 10/04/95 SUBDIVISION APPLICATION 012-95 WINCHESTER FREDERICK COUNTY I.D.C. INC. LOCATION: The property is located on the northeast corner of Shady Elm Road (Route 651) and Industrial Drive (Route 880). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 63 -A -60B SUBDIVISION SPECIFICS: Proposed subdivision will establish a 24,048 square foot lot (0.552 Acre) to be utilized as a regional stormwater management facility. PROPERTY ZONING & PRESENT USE: M1 (Light Industrial), land use: vacant ADJOINING PROPERTY ZONING & USE: M1 (Light Industrial), land use: vacant and commercial REVIEW AGENCY COMMENTS: DEPARTMENT OF TRANSPORTATION: See attached comments dated August 31, 1995. Public Works: The proposed subdivision is approved for the construction of a stormwater detention basin to serve future development along Industrial Drive. PLANNING AND ZONING: There is an approved master plan for the IDC property which is the location of this request. The major issues associated with this proposal are the design of the facility and the long term maintenance of the facility. An engineered design plan has been submitted to the Frederick County Engineer for review and has been approved. An agreement between the entity responsible for the long term maintenance and Frederick County will be required to insure the maintenance is accomplished. This agreement could be between the property owners Page 2 Winc. - Fred. County I.D.C. Subdivision #012-95 who use the facility or the developer. The developer (IDC) will be responsible for formulating the agreement and getting the responsible parties to sign same. The County will be the final approval authority for the agreement. STAFF RECOMMENDATION FOR OCTOBER 4,1995: Approval with the requirement that a storm water management facility maintenance agreement be submitted to the County for approval. REQUEST FOR SUBDIVISION COMMENTS August 31, 1995 No objection to the subdivision of this property. The existing drainage easements through the property should be shown or if the entire lot is to be used for a storm water management basin, we suggest it be labeled as such. If used for detention, VDOT will not be responsible for any maintenance and/or liabilities due to the existence of any structures. If access to the lot is necessary, an entrance meeting VDOT standards must be constructed under permit. Comments for Winchester -Frederick County I.D.C., Inc. by the Virginia Department of Transportation. By R. B. Childress for W. H. Bushman APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date:( Application # �;'C' Fee Paid Applicant/Agent: G(tfEm Loaq ,INC Address: 9q0 13414-m LA-RIr (o 1 N c S9`ea � 0 Phone: (oho Z- 4 l e) S Owners name: W 1 - i7ee X cY— (!W I MQQI P1 L 1)PA: Q pPMEM-r P.UR.P. Address: P.0, sc))c 2S -3c7 11� 1 nau .sti�2 \) A, Z1604 Phone: W1211-17 00 Please list names of all owners, principals and /or majority stockholders: P2A N K Ar zm c -Tu Nc -a- S PSS 1DF M Contact Person: RALP4 S1� c7GIC2ia Phone: Lvlfl`1- Z'YOt� Name of Subdivision: 1NO-J pkeb- Cn. Number of Lots -CW V Total Acreage p,S�z p�C. ?1J.ZF�S Ae. Property Location: pt,� s•E• SIbr OR 'D"F--WPMEAIT- KIE (Give State Rt.#, name, distance and direction from intersection) Magisterial District Property Identification Number (PIN)) 0 Property zoning and present use: 7_Og p : M- A OSP-: \) "AwT- Adjoining property zoning and use: K- \ (20#AmEeg p1- A I KkDUSTMAt _ Has a Master Development Plan been submitted for this project? Yes V/ No If yes, has the final MDP been approved by the Board of Supervisors? Yes—"/ No What was the MDP title? Iii 1 MCRER1CR, ( r'arGbUJC1P, Obi 100STa- AL, DEt7F. PM€MT- eP. Does the plat contain any changes from the approved MDP? Yes_J No If yes, specify what changes: STd2M��TC-12_ MANA6e.6&6A1T Aaep Minimum Lot Size (smallest lot) O .SS Z 4C. Number and types of housing units in this development: KpklIF Number Types 9 FINAL 5UBDIVISIoN PLAT FOYe WINCHESTER- FIZEDE$ZIGK Go. INDU5TiZIAL I7EVELGFPMENT Ce- oIZ.P. BACK GJZEEK DI5TRtGT - FIZEDEIZIGK COUNT ( VI RG INI A AUGusT 24, IVVS VIGINIT'( MAP yGALB: 1"� 2000'/ '01 fLOV-I 9 �N16�y1AtE VA _ e7 G. 6 _ K@IZN5T67W H Ab/ G SITE =0000- It- 17 DEVELOPMENT / LANG / -INVUSTICIAL `y` DIC1vfi -C Jr. a ELIA OLP OWNSM'5 GEQ.TIFIGATE THE ABOVE AND FOREGOING 9UBOIJI5rI4;lN OF THE LAND OF WINCHES TE IZ - FIZE062I4-'IC Go. IWI7U4TRIAL DEVELOPMENT GOQP. f A5 APPEARS OH THE ACCOMPANYING PLAT, 14 WITH THE GoN9ENT AND IN AGGOtLDANGE WITH THE PE9lr-E9 OF THS UNDERSIGNED OWNER5 , PROPRIETORS AND TKU5TEE5 , IF ANY. GE;F_TIFIGAT6 OF ACKNOWLEDGEMENT CITY/COUNTY OF GOMMONWEAL7H OF V126IHIA I To WIT THE FOREGOING DGt-'UMENT WAS ACIKHOWLEDGEC) BEFORE ME THIS 17AYOF . 1o.) , BY MY COMMISSION 6X f tRE S I'V NOTARY PUBLIC- 5UVVEYOtt'S GEIZT(FIGATE I HEKEB�%` GErtTIFY THAT THE LAND 6-04TAINEI7IN TH15 SUBDIVISION IS A POIETION OF THE LAND CONVEYED To WINCHESTER - FIZEDEIZIGK CO. INDUSTi_IAL DEVELOPMENT CORP BY DEED DATED'5EPTEMBE(Z 30, K>7Z AND 2EGORDE0 AMONG 7HE LAND ILEGOf205 OF FREDEKIGK GOUHT`(, VIRGINIA IN 17EEV Boo1G 37® AT PAGE Z7, NOTE N. BKUGE EDENy , L.S TAX MAP * to3-A • 661A ZONED' M- 1 APPROVAL-, VA. 17EPT. OF TRANSPORTATION DATE PLANNING 4-OMMISS10N 17ATE SUBPlIVISfoN AVMINISTRATOfZ PATE GREENWAY, INC. ' 970 Baker Lane. Winchester, Virginia 22603 703-662-4185 t�Vlf kLTIf pF O D� H. BRUCE EDENS No. 000162-8 r9_`vb crm.tE�04 ri50•S`'I �9 550' S(e' I S" E 1• M\ Iv6. oo' a G3 -((A))- ioA wit4e--HESTeM - FIZEDERIGIL Go 1lJi7Lr5TFzIAL-IU m INDUSTRIAL PFZ I V I!!: 06VCLOPMBNT RTe . 8go L tV a W a B. 3V B. PG. i7 SEE ALSO P. B. 74.9, w— G49� a USE: Gor..�a1c7L. £ � O Z 111 ° r- �' 1 J In Z I z �Z�pO Nco•Se.'15"w if� ANJ �9 550' S(e' I S" E 1• M\ Iv6. oo' a '5;-rd7A?- .t VIATE-=(2 MANAGe-MFNT AFr- EA 71 •J. oo � N 4G•o!o'r�- � w rtj 7S - (( Al) - IG -aFZ2ueATBt7 CoNTAIHE-R- p_ J N o. I3 77-9, Pte- 92"5' ZONE M-1 U9E: GOMM. t INvusT. Otzk- 1 NA 4.. ARBA = Z61.837 Ar - 5 G . P�Faitmr7 aJ6vrVrhoN • O55ZAc. .�\ R6 MAWING AREA • ZO Z&5AG FINAL 5UF5o1V15toN PLAT t=orz rBRUCE wrN�HESTEFZ - FMEFC;SSZ►Gr< Go. INDlJ9�?r-IAL DEVELOPMENT GoFZP-BAGK GVEeK P15TRIGT - F2EDER/GK COUNTY. VIRGINIASCALE I "- -t-o' DATE : AUGUST 7--;<-, IVDS,GREENWA`!, INC. 970 Buksr Lane. Winchester. VtrgWa 22603 54o-662-4185 K Bruce Edens, L.S. - President G3 -((A))- ioA wit4e--HESTeM - FIZEDERIGIL Go INDUSTRIAL S 06VCLOPMBNT c�2P. PAtz-eL- a B. 3V B. PG. i7 SEE ALSO P. B. 74.9, w— G49� USE: Gor..�a1c7L. £ � rNousT. '5;-rd7A?- .t VIATE-=(2 MANAGe-MFNT AFr- EA 71 •J. oo � N 4G•o!o'r�- � w rtj 7S - (( Al) - IG -aFZ2ueATBt7 CoNTAIHE-R- p_ J N o. I3 77-9, Pte- 92"5' ZONE M-1 U9E: GOMM. t INvusT. Otzk- 1 NA 4.. ARBA = Z61.837 Ar - 5 G . P�Faitmr7 aJ6vrVrhoN • O55ZAc. .�\ R6 MAWING AREA • ZO Z&5AG FINAL 5UF5o1V15toN PLAT t=orz rBRUCE wrN�HESTEFZ - FMEFC;SSZ►Gr< Go. INDlJ9�?r-IAL DEVELOPMENT GoFZP-BAGK GVEeK P15TRIGT - F2EDER/GK COUNTY. VIRGINIASCALE I "- -t-o' DATE : AUGUST 7--;<-, IVDS,GREENWA`!, INC. 970 Buksr Lane. Winchester. VtrgWa 22603 54o-662-4185 K Bruce Edens, L.S. - President COUNTY of FREDERICK_ Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner H Ipw RE: 1996-1997 Secondary Road Improvement Plan Public Hearing DATE: September 19, 1995 As you know, the Frederick County Secondary Road Improvement Plan is updated on an annual basis. This process provides an opportunity for citizens to participate in three public meetings held throughout the Fall. Ultimately, the Board of Supervisors adopts a final plan which is forwarded to the VDOT District Office in Staunton for funding allocations. The Frederick County Transportation Committee held a public hearing on September 12, 1995 to entertain public requests for road improvements throughout Frederick County and within the towns of Stephens City and Middletown. The Transportation Committee considered seven different road improvement presentations by several citizens which included requests for new projects, as well as requests for a change in project priorities. As a result of this meeting, the Transportation Committee recommended to include two new projects in the update of this year's plan, and recommended that all existing projects maintain their current ranking. Included with this memorandum is the proposed draft of the 1996-1997 Frederick County Secondary Road Improvement Plan, a description of new projects that have been included in this year's update, a list of projects from last year's plan that have received funding, and a summary of citizen requests made during the transportation committee meeting. Staff asks that the Planning Commission consider this information and provide a recommendation for this plan that will be forwarded to the Board of Supervisors in November for final resolution. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 MAJOR ROAD IMPROVEMENT PROJECTS Major road improvement projects command the reconstruction of hardsurfaced roads to enhance public safety. Improvements required for road width, road alignment, road strength, and road gradient are considered major road improvement projects. 1996 - 1997 MAJOR PROJECT ROAD IMPROVEMENT PLAN RANK ROUTE FROM TO ADT DIST MAGIS AD.DAT 1 656* Rt. 657 to Rt. 659 intersec 3806 1.01 miles SH/ST 07/97 2 628 Rt. 631 Rt. 732 1711 2.41 miles BC 07/98 3 621** Rt. 622 Rt. 1109 1080 1.38 miles BC 07/00 4 647 widen between Rts. 277 & 642 6295 2.08 miles OP 07/02 5 608 Back Creek bridge 0.7E of 681 88 0.2 miles GA UN/SH 6 608 Rt. SOW Rt. 616 1203 2.83 miles BC UN/SH 7 659 widen from bridge to Rt. 7E 401 0.2 miles ST UN/SH 8 656 widen between Rts. 655 & 657 2616 1.39 miles SH/ST UN/SH 9 Towns curb and gutter improvements for the Town of Stephens City UN/SH 10 Towns curb and gutter improvements for the Town of Middletown UN/SH 11 664 Rt. 761 Rt. 660 1235 1.1 miles ST UN/SH 12 660 Rt. 664 Rt. 7E 900 2.13 miles ST UN/SH 13 622 City of Winchester to Rt. 37 8271 1.03 miles BC UN/SH 14 600 1.07 miles N Rt. 600 to Rt. 684 830 1.93 miles GA UN/SH 15 659 Rt. 656 bridge 401 1.8 miles ST UN/SH 16 657 City of Winchester to Rt. 656 8027 1.6 miles SH UN/SH 17 739 Rt. 673 Rt. 522N 2143 1.66 miles GA UN/SH 18 636 Rt. 277 Rt. 642 874 1.6 miles OP/SH UN/SH 19 644 City of Winchester to Rt. 522S 4642 1.36 miles SH UN/SH 20 661 Rt. 11N Rt. 660 397 3.24 miles ST UN/SH 21 622 Rt. 629 Rt. 37 2987 5.86 miles BC UN/SH 1996 - 1997 Road Improvement Plan Page -2- 1996 - 1997 MAJOR PROJECT ROAD IMPROVEMENT PLAN (Continued) RANK ROUTE FROM TO ADT DIST MAGIS AD.DAT 22 657 Rt. 656 to Clarke County 3902 2.07 miles ST UN/SH 23 641 Rt. 647 Rt. 277 2980 0.68 miles OP UN/SH 24 761 Rt. 11N Rt. 664 2134 1.13 miles ST UN/SH 25 659 Rt. 716 Rt. 656 4531 1.09 miles SH/ST UN/SH 26 636 Rt. 277 to 1.5 mules south (277) 522 1.5 miles OP UN/SH 27 621 Rt. 1109 Rt. 628 1080 0.57 miles BC UN/SH 28 600 Rt. 753 Rt. 614 1561 1.8 miles BC UN/SH 29 655 Rt. 50E Rt. 656 2522 0.79 miles SH UN/SH 30 642 0.2 miles west Rt. 1070 to Rt. 1031 6507 0.9 miles OP/SH UN/SH 31 661 Rt. 663 Rt. 11N 6995 1.21 miles ST/GA UN/SH 32 628 Rt. 621 to City of Winchester 2668 1.25 miles BC UN/SH 33 627 Interstate 81 to Route 11S 1158 0.49 miles OP UN/SH 34 704 Rt. 632 Rt. 683 282 4.11 miles BC UN/SH ABBREVIATIONS AND SYMBOLS: ADT - Average Daily Secondary Traffic Tabulation Counts. (1993 Tabulations) DIST - Distance of total improvement length in miles. MAGIS - Magisterial District in which road improvement will occur. AD.DAT - Scheduled Advertisement Date for road improvement project to begin. 656* - Improvements to Route 656 will include the intersection of Route 656 and Route 659, as well as the "S" curve leg of Route 656. 621** - Improvements to Route 621 will include drainage improvements South of Route 622 and the realignment of the "S" turn on Route 621. 1996 - 1997 Road Improvement Plan HARDSURFACE ROAD IMPROVEMENT PROJECTS Page -3- Hardsurface road improvement projects provide impervious resurfacing and reconstruction of non-hardsurfaced secondary roads. Hardsurface improvements are considered primarily by the average daily traffic count for these secondary roads. 1996 - 1997 NEW HARDSURFACE ROAD IMPROVEMENT PLAN RANK ROUTE FROM TO ADT DIST MAGIS AD.DAT 1 706 Rt. 11 S to end of Rt. 706 70 0.35 miles BC 08/96 2 702 Rt. 703 to West Virginia line 146 0.8 miles GA 08/97 3 701 Rt. 703 to West Virginia line 124 1.01 miles GA 08/97 4 695 1.09 to 2.3 miles north Rt. 522 83 1.21 miles GA 07/99 5 695 2.3 miles north Rt. 522 to WVA 83 0.9 miles GA UN/SH 6 692 Rt. 600 Rt. 671 137 2.6 miles GA UN/SH 7 625 Rt. 624 Rt. 635 150 0.5 miles BC UN/SH 8 633 Rt. 625 Rt. 11S 91 1.4 miles OP/BC UN/SH 9 696 Rt. 522N Rt. 694 81 1.3 miles GA UN/SH 10 638 Rt. 625 Rt. 759 86 0.8 miles BC UN/SH 11 629 Rt.608 to 1.15 miles east Rt.622 98 3.05 miles BC UN/SH 12 636 Rt. 709 Rt, 735 147 1.1 miles OP UN/SH 13 811 Rt.671 to 0.45 miles north (671) 137 0.25 miles OP UN/SH 14 679 0.3 miles west Rt. 608 to 0.5 miles east Rt. 600 94 2.5 miles GA UN/SH 1996 - 1997 Road Improvement Plan Page -4- 1996 - 1997 NEW HARDSURFACE ROAD IMPROVEMENT PLAN (Continued) RANK ROUTE FROM TO ADT DIST MAGIS AD.DAT 15 734 addition of 1 mile 99 1 mile GA UN/SH 16 704 Rt. 683 -to West Virginia line 174 3.3 miles BC UN/SH 17 676 0.83 mile south Rt.671 to Rt.677 168 0.87 miles GA UN/SH 18 644 Rt. 50E to Clarke County line 69 0.81 miles SH UN/SH 19 634 Rt. 635 Rt. 11S 180 0.25 miles OP UN/SH 20 733 Rt. 50W Rt. 707 61 1.3 miles BC UN/SH 21 836 Rt. I IN end Rt. 836 75 0.80 miles ST UN/SH 22 709 Rt. 636 Rt. 735 133 2.7 miles OP UN/SH 23 607 Rt. 600 end 113 0.78 miles BC UN/SH 24 671 Rt. 669 West Virginia 138 0.30 miles ST UN/SH 25 636 Rt. 640 Rt. 641 46 1.5 miles OP UN/SH 26 629 Rt. 631 Rt. 625 149 1.8 miles BC UN/SH NOTE: Allocations have been made for hardsurface improvements to Route 777. Improvements to Route 777 will commence during the third phase of construction of Route 522 South. ABBREVIATIONS: ADT - Average Daily Secondary Traffic Tabulation Counts. (1993 Tabulations) DIST - Distance of total improvement length in miles. MAGIS - Magisterial District in which hardsurfacing will occur. AD.DAT - Scheduled Advertisement Date for hardsurface road improvement project to begin. 1996 - 1997 Road Improvement Plan INCIDENTAL CONSTRUCTION Page 5 - Incidental construction projects are defined as minor construction projects that cost less than $100,000. Examples involve drainage improvements, site distance improvements, spot widening, replacing overflow pipes with box culverts, and the application of cold mix on existing road surfaces. The Virginia Department of Transportation determines if a proposed projects qualifies for Incidental Construction based on the overall scope of the improvement. 1996 - 1997 INCIDENTAL CONSTRUCTION PLAN RANK ROUTE FROM TO DESCRIPTION MAGIS F/Y 1 1322 Rt. 1200 Rt. 783 165# Plant mix ST 96/97 2 661 Rt. 11N Rt. 663 165# Plant mix ST 96/97 3 669 Rt. 11N TRt. 661 165# Plant mix ST 96/97 4 608 At 1.69 MS of Rt. 629 Replace Bridge BC 96/97 5 625 0.20 MW to 0.42 MW of Rt. 11S Widen Roadway OP 96/97 6 640 Between west and east intersection of Rt. 636 Widen Curve/Raise Road OP 96/97 7 687 Rt. 600 end Spot Widening GA 96/97 8 752 Rt. 50W Rt. 705 Spot Widening GA 96/97 9 671 Rt. 690 Rt. 691 Spot Widening GA 96/97 10 642 South side of Rt. 642 across from Rt. 1037 Stormwater Management Facility SH/OP 96/97 11 739 Rt. 522 to 0.10 MN Construct Left Turn Lane (James Wood H.S. ) ST 97/98 12 652 Rt. 11 to 0.10 MN Construct Right Turn Lane (GE Plant) BC 97/98 13 631 Rt. 625 to 0.07 MW Flatten Slope To Improve Sight Distance OP 97/98 14 654 Rt. 522N to 0.11 MN Rt. 677 165 lbs. Plant Mix GA 97/98 15 783 Rt. 1322 to Winchester City Limits 165 lbs. Plant Mix ST 97/98 1996 - 1997 Road Improvement Plan Page -6- ABBREVIATIONS: MAGIS - Magisterial District in which incidental construction will occur. F/Y - Fiscal Year in which incidental construction will occur. MN - Miles North MS - Miles South ME - Miles East MW - Miles West 1996 - 1997 INCIDENTAL CONSTRUCTION PLAN (Continued) RANK ROUTE FROM - TO DESCRIPTION MAGIS F/Y 16 861 Rt. F-732 to 0.25 MW 165 lbs Plant Mix ST 97/98 17 608 At 0.80 ME of Rt. 681 Replace Bridge over Back Creek GA 97/98 18 655 Rt. 50E to Clarke County 200 lbs. Plant Mix SH 97/98 19 689 Rt. 600 to Rt. 600 Spot Widen & 165 lb Plant Mix GA 97/98 ABBREVIATIONS: MAGIS - Magisterial District in which incidental construction will occur. F/Y - Fiscal Year in which incidental construction will occur. MN - Miles North MS - Miles South ME - Miles East MW - Miles West r~ MAJOR OAD afPROVEIMENTS • �• � - f f .�� •. ice• t� J f 11 � �,t ; .� � - ' v -i' w•�r--/moi '•` \ 1 " , f � - , S y ` ,� . •%i •ice �.�1n • ' .' . it � • �� � � �..• � � '�, � 1� �' .r�` /`.+ !rte . f . �+.w � _ y 4P 1115 i •w - _ZZ L. 1000 �-- � � , � `t.,,•,•._ , it _ a '" ;.�'._ :�c;��`, - • ' . ` �•1 • 1r y,� l• � K �� �� 1� �."�7.1.%•. i v,. �.y�rj r r. 1 1 � � �/ � � ate.• -•• ` + .• � � , � � � fir' ... � j :� �� �• � � � • \ s 4 N.,i � til • • + 1 { � Y.r+'.rte � �� • , NEW ROAD IMPROVEMENT PROJECTS INCORPORATED INTO DRAFT 1996 - 1997 SECONDARY ROAD IMPROVEMENT PLAN UPDATE HARDSURFACE ROAD IMPROVEMENT PROJECTS: Project #26: Carters Lane (Route 629) from Marlboro Road (Route 631) to Germany Road (Route 625). INCIDENTAL CONSTRUCTION: Project #19: Adams Road (Route 689) from Siler Road (Route 600) to Brush Creek Road (Route 600). STAFF COMMENTS: Staff has provided the Planning Commission with copies of the actual letters and petitions fled by citizens associated with the above referenced road improvement projects. It should be noted that several citizens requested that Adams Road (Route 689) be hardsurfaced, as well as be improved through the incidental construction program. The Virginia Department of Transportation recommended that Adams Road should only be included as an incidental construction project and not a hardsurface road improvement project. The basis for this recommendation is that not all of the right-of-way is available at this time. Staff recommends that Adams Road be included as a new hardsurface road improvement project at this time. It will be several years until this segment of road will move up to as an advertised project; therefore, there is adequate time to secure right-of-way. Bill Bushman District Superintendent Viriginia Department of Transportation Edinburg, Virginia SUBJECT: Petition by Landowners of State Route 629, between State Route 631 (Marlboro Road) and State Route 625 (Germany Road) asking the Virginia Department of Transportation to improve the afore mentioned road. We, the undersigned property owners of the north/east side of State Route 629 (Carters Lane), do petition the Virginia Department of Transportation to widen and pave our road. We understand that State Route 649 (Springdale Road) with half the traffic count - according to a 1993 VDOT road count - is currently being widened and paved. We are willing to work with the highway department to provide necessary right-of-ways to complete the project. If necessary, we will consider providing 100% of the right-of-way needed. We are willing to meet with State and local officals to discuss the road project... and wait your reply. LANDOWNERS: Philip Whitney.�-- 214 Carters Lane Stephens City, Virginia Homer B. Alexander, Jr..,_, -5K4 310 Carters Lane Stephens City, Virginia Kim -Sue Corporation/H.B. Alexander Inc H.B. Alexander, Jr. President 580 Carters Lane C. Dennis Smith i 538 Carters Lane Stephens City, Virginia cc Evan Wyatt Robert P. Mowery James Longermeam James Golladay F. Don Taylor Richard Dick September 12, 1995 Mr. Evan A. Wyatt. Planner II - Frederick County Planning Department 107 North Kent Street P. O. Box 601 Winchester, VA 22604 Re: Route 689 - Adams Road Frederick County Dear Mr. Wyatt: In response to the "Notice of Public Hearing," I wish to submit the following request for the widening or lowering the crest of Adams Road from Scuttlebutt Road pass Lot 96F as indicated on the attached map and noted below: 1. a particularly bad blind spot at Lot 96F 2. removal of a tree adjacent to the road at Lots 18 and 19. Additionally, I request that Adams Road's line of sight be improved at Lot 57 as indicated by "xx's" on the map. I wish to thank the Virginia Department ofTransportion, (Messrs. J. A. Copp, D. A. Heironimus, and Donald O. Willkins) and Mr. Evan A. Wyatt for responding to my letter of January 23, 1995 and obtaining the approval of a request made by Cdr. Robert S. Dresel and the undersigned to improve the line of sight on another section of Adams Road. This section was approved for improvement by the Board of Supervisors for the 1995/96 Fiscal Year. Thank you. Very truly yours, q,& //v (Mrs.) Rita H. Bauman 1086 Adams Road Winchester, VA 22603 January 23, 1995 Virginia Department of Transportation Attn: Mr. Jerry Copp Assistant Resident Engineer P.O. Box 278 Edinburg, Va. 22824 Dear Mr. Copp: I thank you and your colleagues for spending time with Cdr. Dresel and mysel& inspecting Route 689 (Adams Road). I apologize for not forwarding our comments and suggestions for improvements to the road sooner. On the enclosed site map sent to us by Mr. Evan A. Wyatt, Cdr. Dresel and I marked sites in the order of importance. At 9 of these sites, we believe lowering the crest or widening will improve driveability and safety for the residents. Improvements suggested are as follows: lst drainage - 1109 Adams - correction in front of 2nd, 3rd lower crest of road - sight improvement 4th widen road 5th widen road and straighten at VDOT's discretion 6th thru 10th widen road If you have any questions or if I can assist in any way, please contact me (888 1425). For your information, Cdr. and Mrs. Dresel left the area Iast week. I hope that these suggested improvements can still be incorporated in VDOTs 1995196 road improvement plan. Very truly yours, 747 Rita H. Bauman 1086 Adams Road Winchester, VA 22603 cc: Evan A. Wyatt, Planner II County of Frederick D.A. Heironimus a Transportation Maintenance Superintendent Cross Junction Maintenance Area RECEIVED EDINBURG RESIDENCY JAN ^'� o wHe d Jac G E2 Rr3C E3 KSH 17'7<Z= 0 VC_ Crpcs 1kzjI '. 1 j t4h� vvi�aAriOFLNII ECXA iA LA j v�Y�%4LINZti DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE DAVID R. GEHR P.O. BOX 278 COMMISSIONER EDINBURG. 22824.0278 August 11, 1995 Mr. Jimmie K Ellington Supervisor - Gainesboro District 166 Woodside Drive Winchester, VA 22603 Dear Mr. Ellington: WILLIAM H. BUSHMAN, P. E. RESIDENT ENGINEER TEL(540)984-5600 FAX (540)984-5607 am belatedly and apologetically responding to your letter of June 7th, regarding constituents request for improvements to Route 689 in Frederick County. In previous secondary improvement plans, we had set up some spot improvements on portions of Route 689. These are to be accomplished during the current fiscal year. The hearing for the Secondary Improvement Program will be held the evening of September 12, 1995, at 7:00 p.m. in the Frederick County Board of Supervisors meeting room in the old Courthouse. If Mr. Bossick's group would like further information, we would be happy to furnish it to them. Of primary importance is an indication by the participating group that all of the property owners living along Route 689 are willing to donate the right of way to the state necessary for the improvement reconstruction of the road. We are not able to purchase right of way on this type of improvement. We look forward to hearing from them further on the evening of September 12th. Sincerely, William H. Bushman, P.E. Transportation Resident Engineer WHB/vcz Cy: Mr. Evan Wyatt .�'��'� IV Mr. David A. Heironimusco �-- t AP •�Z.r ��i i c - rrrt�J TRANSPORTATION FOR THE 21 ST CENTURY Board of Supervisors Richard G. Dick — Chairman 703/665-5666 W. Harrington Smith, Jr. — Vice Chairman Shawnee District James L Longerbeam Back Creek District COUNTY of FREDERICK June 7, 1995 William H. Bushman Resident Engineer Virginia Department of Transportation P. 0. Box 278 Edinburg, VA 22824 Dear Mr. Bushman: Robert A Sager Opequon District Jimmie K_ Ellington Gainesboro District Charles W. Orndoff, Sr. Stonewall District Enclosed is a letter I received from constituents in the Gainesboro District requesting improvements to Frederick County road number 689, along with a petition signed by twenty-four residents living on it. I would appreciate it if you would review this request and initiate any appropriate traffic studies or other con- siderations which would eventually lead to having this road included as part of the Frederick County network scheduled for future paving or improvements. JKE/tjp Enclosure cc: Robert F. Bossick 107 North Kent Street Winchester, VA 22601 Sincerely, ri;(N-1 C_ Y. i�1II-t,6)(-r 1-r�� immie K. Ellington Supervisor, Gainesboro District IN P.O. Box 601 Winchester, VA 22604 { To xhom it may consern, U Robert F. Bossick 675 Adams Rd. Winchester, va. 22603 The following signed individuals are requesting the up- grading of county.road 689/Adams Rd. from gravel to a paved surface with the following thoughts in mind. The loose gravel along its entirity and the very narrow section between the low water bridge and Scuttlebutt Lane present a safty issue. Many of the individuals listed relayed near misses or other driving difficulties because of the condition of the road. Most express concerns for the School Bus traffic. We are hoping that by upgrading the road the maintenance cost over time can be reduced. We have_an%"Adopt a Highwayll program in place to keep our road clean and presentable. There has also been an increase in the use of the road due to an increased population. There have been four new homes built since 1992.and recent activity of surveyers/perk testing indicate the possibiity of several more in the near future. Therefore we submit this request for your consideration. Si Mm �e Robert F. Bossick -PLEASE IS ATTACHED LIST! TO WHOM IT MAY CONCERN THE FOLLOWING SIGNED INDIVIDUALS ARE REQESTING THAT COUNTY ROAD 689/ADAMS RD. BE UP GRADED FROM GRAVEL TO A PAVED ROAD. o� ®L n 1 /-6N-3/-t ROAD IMPROVEMENT PROJECTS FUNDED UNDER 1995 - 1996 SECONDARY ROAD CONSTRUCTION RImGF.T MAJOR ROAD IMPROVEMENT PROJECTS: Macedonia Church Road (Route 642) from Oak Ridge Drive (Route 103 1) to Front Royal Pike (Route 522). Shawnee Drive (Route 652) from Valley Pike (Route 11) to the Winchester City limits. HARDSURFACE ROAD IMPROVEMENT PROJECTS: Canterburg Road (Rt. 636) from Salem Church Road (Rt. 735) to Grim Road (Rt. 640). INCIDENTAL CONSTRUCTION: Apple Pie Ridge Road (Rt. 739) - apply cold mix. Hollow Road (Rt. 707) - spot widen. Fletcher Road (Rt. 733) - spot widen. Back Creek Road (Rt. 704) - spot widen and erect guardrail. Glaize Orchard Road (Rt. 682) - spot widen three curves. Adams Road (Rt. 689) - spot widen. Frederick County Transportation Committee Public Hearing Meeting Summary -- September 12, 1995 --- Secondary Road improvement Plan --- Committee members in attendance: James Racey, Elmer Lauck, F. Don Taylor, Robert Mowery, Anna Wanzer, Roger Thomas (PC Liaison). William Bushman and Jerry Copp from VDOT were in attendance. No. Mr. Taylor (Committee Chairman) opened the public hearing by briefly explaining that the committee would invite all citizens who have project requests, to present their requests (ideas) to the committee. He added that once the project requests were presented, the citizen could stay and listen to committee discussions, or the citizen could leave. Most citizens left following their presentations. ► NEW PROJECT REQUEST PRESENTATIONS / Committee Actions 1. RT. 689. From RT. 600 to RT. 600. Citizens: Rita Bauman and Robert Bossick * Wants line -of -sight to be improved, tar/chip surface requested, widened. * All but 1 property owner will provide Right-of-way * ADTT 63 * 4.2 miles * VDOT would not recommend inclusion in Hardsurface Road Improvement Plan because not all of the right-of-ways are available * Committee Action: Include project request in the Incidental Construction Plan at ranking # 19 2. RT. 677. From RT. 739 to Ashland Meadows subdivision Citizens: George Semples, Al Hicks, Sortas Papas * Wants RT 677 to be widened, and paved * Feels intersection at RT 676 is dangerous. Should be improved * ADTT 68 * 1.2 Miles * Request for improvements are a result of a recently created subdivision * Mr. Bushman mentioned that the revenue sharing program may be applicable. Mr. Bushman will develop a cost estimate for the project and make it available to Mr. Semples. If Mr. Semples is interested, he can submit a letter of interest to the county concerning the possibility for the Revenue Sharing Program. * Committee Action: No action. Revenue Sharing Program would be the most effective method of achieving the goal. 3. RT. 702. From RT. 703 to WVa line. Citizen: Len Bougie * Strongly encourages that RT. 702 not lose its present ranking. * Ranked #2 on the New Hardsurface Road Improvements Plan. * Wants immediate action, as permitted, to improve the washboard surface at the hairpin turn (near Mr. Kerns house). * Committee Action: Keep project at ranking #2 4. RT. 715. From RT. 654 to Little Mountain Church.�� Citizen: Jim Ellington * Wants tar/chip surface. Too much dust. * ADTT 30 * 100 yards * Mr. Bushman (VDOT) recommends that the Revenue Sharing Program be considered for this improvement. * Committee Action: No action. Revenue Sharing Program would be the most effective method of achieving the goal. 5. RT. 633. From RT. 625 to RT. 11S. Citizen: Rick Baitty * Wants pavement. * Presently ranked #8 on Hardsurface Road Improvement Plan. * Strongly encourages that the project be moved up on the list. * Committee Action: Keep project at ranking #8. 6. RT. 659. Greenwood and Valley Mill intersection. Citizen: Ms. Koons * Wants to know when and where the road will be improved. Should she plan on moving or will her house not be disturbed by the improvements? * Mr. Bushman indicated that she would probably know within the next 12 months. * Present the request is ranked #1 on the Major Road Improvements Plan. * Committee Action: Keep project at ranking #1. 7. RT. 629. From RT. 631 to RT. 625. Citizen: Robert Mowery * Wants road to be widened and paved. * Petition has been submitted. * Property owners are willing to provide the necessary right-of-way. * ADTT 149 * 1.8 Miles * Committee Action: Include project request in the New Hardsurface Road Improvement Plan at #26. ► The Transportation Committee agreed to recommend the 1996-1997 Secondary Road Improvement Plan as presented, with the addition of RT 629 as ranking #26 on the New Hardsurface Road Improvement Plan, and with the addition of RT. 689 as ranking #19 on the Incidental Construction Plan. This recommendation should be presented to the Planning Commission for their consideration. No. Mr. Bushman provided an update on recent Virginia Department of Transportation activities: * Due to a complaint, VDOT is considering actions to alleviate traffic problems at RT. 7/656 and Interstate 81. The complaint was concerning the difficultly in making a left hand turn off of the old RT. 7 on to RT. 656(Valley Mill Road). VDOT proposes making old RT. 7 a one-way street. This would cause the exiting traffic to enter Valley Mill Road near Dowel J. Howard. A meeting will be scheduled with the neighbors of that community to allow for their comments before formal actions are taken. * Interstate 81 widening. VDOT will be meeting with the consultants concerning this project. P/C Review Date: 05/03/95 P/C Review Date: 08/02/95 P/C Review Date: 10/04/95 REZONING APPLICATION #001-95 WAYNE R. RIDGEWAY To Rezone 2.047 Acres - From RA (Rural Area) To B3 (Industrial Transition District) LOCATION: The property is located on US Route 522 just south of the intersection of Bryarly Road (Route 789). MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 42-A-249 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Area; Land Use - residential. ADJOINING PROPERTY ZONING & PRESENT USE: RA (Rural Area); Land Use - residential. PROPOSED USE: Retail hardware and small equipment sales. REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Fourth Edition for review. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Page 2 Wayne Ridgeway Rezoning #001-95 Fire Marshal: Fire lanes required to any proposed structure in accordance with U.S.B.C. and Frederick County Chapter 10.1. 1) Fire and rescue impacts have been addressed in the impact statement. I've received no response from Round Hill Fire & Rescue Co.. 2) Any burning of land clearing debris on this site will require a permit from the Fire Marshal's Office. 3) Burning of construction debris is prohibited. 4) Access for emergency vehicles must be maintained to all structures at all times. 5) When any work begins on site, street address numbers must be displayed in accordance with Frederick County Ordinance. County Engineer: 1) The current commercial tipping fee is $38/ton rather than $35/ton. 2) Locating and developing a sanitary drainfield will be difficult in this area. Because of the relatively small lot sizes in the Albin area, drainfield failures are a higher risk. Health Department: See attached letters dated January 31, 1995, and August 30, 1995. PLANNING: Location: The parcel is located within the area of the Albin Community Center. The Comprehensive Plan does not designate specific policies for Albin, it neither promotes or discourages commercial development. The Plan does speak in general terms about the likelihood of increased commercial activity in most of the community centers. The parcel involved is in close proximity to a number of commercial uses. The property adjacent, to the northwest, has a CUP for a beauty salon. Reading Landscape is located slightly further north. Ridge Country Store, Omps Garage, Albin Self Storage, the County bus maintenance facility and the Virginia Farm Market are all located along Route 522, south of the parcel. Site Suitability: The site is relatively level with frontage on both Routes 522 and 789. The impact report submitted points out that neither the existing septic system nor the well are adequate for a commercial operation. There is no indication as to whether or not sufficient water or septic capacity can be located on the site. Impacts: The traffic impact analysis submitted as part of the application projects 1,533 trips per day based on 37,696 square feet of retail use. The analysis also states that access to the property will be from Route 522, however there is no proffer to this effect. Page 3 Wayne Ridgeway Rezoning #001-95 There is no crossover between the north and south lanes of 522 at this location. Staff questions whether it might be preferable to have an access on Route 789 since its southern connection with 522 is controlled with a light, and the northern connection is located at a crossover. The applicant has submitted a proffer which excludes a number of the uses permitted in B-3 Zoning and offers to contribute the amount necessary to offset the projected impact to Fire and Rescue. There are a number of uses which would remain permitted, they are: veterinary services, landscape and horticulture services, building materials, hardware, garden supply, mobile home dealers, retail nurseries, gas stations, business services, miscellaneous repair services, self service storage facilities, accessory retailing, public buildings, business signs, directional signs, building entrance signs, residential uses which are an accessory to allowed business uses and parks. Staff feels that a few of these uses would not be appropriate for this site. Although the zoning ordinance would require buffering between B3 Zoning and residential uses, the staff has some concerns about the potential visual impacts of outdoor storage of rental vehicles and equipment. Summary: Staff is not comfortable with some of the uses which remain permitted with the proffers submitted. There is also some concern over how adequate sewage disposal and water supply will be provided to the site. The application does not address these necessities. There could be a significant impact on traffic, particularly during peak hours. STAFF RECOMMENDATION FOR 0503 95 MEETING: Denial based on potential negative impacts which have not been addressed. PC ACTION ON MAY 3. 1995: Tabled for 90 days at request of the applicant. PC ACTION ON AUGUST 2, 1995: Tabled for 60 days at request of the applicant. Page 4 Wayne Ridgeway Rezoning #001-95 Staff comments for 1014195 Meeting: Subsequent to the August 2, 1995 tabling, the applicants have received approval from the Health Department for a septic system with a design limit of four employees or 150 gallons per day. (See letter dated August 30, 1995 from Carl E. Evans, Environmental Health Specialist.) The applicant has also submitted a revised proffer statement which references a Preliminary Plan that shows parking and entrance locations as well as structure and buffer locations. The proffer statement also specifically limits the use of the property to a general merchandise hardware store and equipment and truck rental. With the provision of this additional information, the main question which remains is whether an adequate water source exists. This question would need to be addressed prior to site plan approval. - Staff Recommendation or 11\4\95: Approval with acceptance of proffers. Lord Fairfax Environmental Heaith District 800 Smithfield Avenue .:.,; P. O. Box 2056 Winchester, Virginia 22604 (703) 722-3480 FAX (703) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester January 31, 1995 Rte: Request for comments Ronald A. Feathers property TM # 42-A-249 To Whom It May Concern: The new business proposed by Mr. Feathers must be served by a approved water supply and sewage disposal system, therefore the necessary requir?ments of the Virginia Well Regulations and the Virginia Sewage Handling and Disposal Regulations must be met. A application with fees must be received at this office and then a site visit must be made in order to evaluate the property for the possibility of a well and sewage disposal system. According to our files, the existing system on the property has previously been evaluated and it was determined that the system is not suitable for anything other than its present use. Considering the above statements, if all requirements of the health department can be met, this office has no objections. Sincerely, Karl E. Evans, EIISS Lord Fairi-A Environmental He', - th District 800 Smithfield Avenue P. O. Box 2056 Winchester, Virginia 22604 (703) 722-3480 FAX (703) 722-3479 Counties of. Clarke. Frederick, Page. Shenandoah, 4-'arren. mrd Ofof IS i,rclrestcr August 30, 1995 John Trenary, C. P. C. A. Frederick County Building OSSicial 107 N. Kent Street Winchf�;ter, VA 2 6•_11 RE: TM # 42-A-249 CS-95-419- Dear 1S Dear Mr. Trenary: This _Letter is authorization that a sewage disposal systen ;:— z,;; permit is available for the above referenced lot. The area evaluutec suitable to accommodate a structure for a maximum of 4 employees with a des.gried use of 150 gallons per day. The property will be served by a private water supply. A construction permit will be issued to Wayne Ridgeway when it hbeen verified that a building permit has been obtained. This letter is issued in accordance vith Section 32.1-165, et ey. of the Code of Virginia and the intent of Senate Bill 415. This letter is not transferable. This letter is null and void Nuvember 30, 1995 if the applicant has not applied for and paid the fees frjr a building permit. Sincerely, Karl E. Evans ';i'"Environmental Health Specialist Senior PC: 7� Mayne Ridgeway �`_ �` ' ;•� 1 Sharon Stine and Assoc. 5-015/06-94' s j1., Location Map for PIN: 42-A-249 Wayne Ridgeway Rezoning #001-95 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff �O I Date Received 7 Zoning Amendment Number'� BOS Hearing Date 1 PC Hearing Date ;% /i ./ , 4..'-?. 1 4--3 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name: Address: Telephone: `l 2. Representative: Name: S INN- 1- \ ti �C -• _ ��, F=S t C Telephone: 3. Owner. Name: Address: Telephone: 12 The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: iZ- �, . A_ .,lR-- Lt e% �:J . 4. Zoning Change: It is requested that the zoning of the property be changed from �, ti -- �,' to (-'IN -,) 5. Current Use of the Property: 6. Adjoining Property: ".PARCEL ID NUMBER USE ZONING Mz- A �O <� rel e.�,- 4e2 -A !_.dr — 'OZ A 5K- 7. Location: The property is located at (give exact location nearest intersection, using road names and route numbers): 13 based on nearest road and distance from S. Parcel Identification: 14 Digit Tax Parcel Number. 9. Magisterial District: G F, ,, r 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: Acres The area of each portion to -be rezoned to a different zoning district category should be noted: 2• ©�� Acres Rezoned from to -'3 Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: Z <I_, V,j P, Jlv�, i\ V -,� Deed Book Number Pages 12. Proposed Use: It is proposed that the property will be put to the following uses. 13. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property Statement verifying taxes paid Agency Comments Fees Impact Analysis Statement ✓' Proffer Statement ✓ 14 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) 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. -, .ly Applicant: Owner: Tate: \�' 15 ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 -digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. arne Address and Property Identification 1. l� Address: 11-1 Property ID: '7L CCS - rpt -_�- . Address: C C -\-N U +Z�' d C 3. `' ° �, `� �\1'C'Lr' Property ID:'� �o«- - �A - Address: JN*L`-,L�_e 1-40 (2-S U 4 v � A Lk Property ID: CSC -G U y I. Address: 16 Cs, '—J C(�t- t Rec'�. U lc-cJt�� vee (mac i. Property ID: 1-4,Q \C3\ Address: Property ID: 14 �. - C-`C3GCCL cl, (ac Address: -]�C) - 7 Sl J Property ID: Address: U ---)Pro Address: Property ID: Address: ID: 17 AMENDMENT ACTION: PLANNING COMMISSION: October 4, 1995 BOARD OF SUPERVISORS: AN ORDINANCE AMENDING THE ZONING DISTRICT MAP WHEREAS, Rezoning Application #001-95 of Wayne R. Ridgeway was submitted to rezone 2.047 acres, located just south of the intersection of North Frederick Pike and Bryarly Road and designated with PIN 42-A-249 in the Gainesboro Magisterial District, from RA (Rural Area) to B3 (Industrial Transition); and, WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on October 4, 1995; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this rezoning on ; and finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.047 acres, designated by PIN 42-A-249, from RA (Rural Area) to B3 (Industrial Transition) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: REZONING REQUEST PROFFER (Revised) Wayne R. Ridgeway RETAIL HARDWARE & EQUIPMENT SALES AND RENTAL US 522 and Route 789 - Gainesboro District - Tax Parcel 42-A-249 P_reliminarv_Matters Pursuant to Section 15.1 - 491.1 et. . of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #001-95 for the rezoning of approximately 2.047 acres from RA Zoning District to the B-3 Industrial Transition Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. Qcngral Ucyclgl2mcrit Plan and Uses The development of the subject property and the submission of any Site Development Plan will provide for a layout that incorporates the planned improvements for structures, parking and commercial entrances as shown on the attached Preliminary Plan. The rezoned property shall not be subdivided. The rezoned property shall be used for a general merchandise hardware store and equipment and truck rentals. Monetaaa Contribution of Development The undersigned, who holds a contract to purchase the above described property from Mr. Ronald A. Feathers hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 2.047 acre tract, more or less lying on the west side of US 522 at Albin just south of the intersection of Route 789 in the Gainesboro Magisterial District of Frederick County, Virginia from RA to B-3, the undersigned will pay to Frederick County, at the time a building permit is issued, the sum of Four Hundred Thirty Dollars ($430.00) for Fire and Rescue Emergency Services costs. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions 'shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. PAGE REZONING REQUEST PROFFER (Revised) Wayne R. Ridgeway RETAIL. HARDWARE & EQUIPMENT SALES AND RENTAL INDUSTRIAL TRANSITION DISTRICT (B-3) US 522 and Route 789 • Gainesboro District o Tax Parcel 42-A-249 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, Wayne R. Ridgeway By: Wa LdewI e Date: Ronald A. and Tenoncee Feathers Date: - ��'�% �- STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: 1- The foregoing instrument was acknowledged before me this I S�� day of ZX&1995, b y_'I_Zs -aj1_TQ.L1Lan1_ r ._�[r oo - es,�t�----------- My Commission expires ` otary Public This ordinance shall be in effect upon its passage. Passed this Richard G. Dick Chairman day of , 1995. W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Jimmie K. Ellington James L. Longerbeam Robert M. Sager A Copy Attest John R. Riley, Jr. Frederick County Administrator LEWIS & ASSOCIATES LAND DEVELOPMENT CONSULTANTS 24 East Piccadilly Street tel.: (703)722-9377 Winchester, A 22601 fax.: (703)662-1861 IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for RONALD A. FEATHERS PROPERTY Gainesboro District Frederick County, Virginia January 6, 1995 revised: March 13, 1995 Prepared for: Mr. Wayne Ridgeway 1026 Millwood Pike Winchester, Virginia 22601 Tel.: (703)667-3244 Prepared by: LEWIS & ASSOCIATES 24 East Piccadilly Street Winchester, VA 22601 Tel.: (703)722-9377. IMPACT ANALYSIS STA iMENT FEATHERS PROPERTY IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS nave i. INTRODUCTION 1 A. SITE SUITABILITY I B. SURROUNDING PROPERTIES 2 C. TRAFFIC 2 D. SEWAGE TREATMENT 3 E. WATER SUPPLY 3 F. DRAINAGE 3 G. EMERGENCY SERVICES 4 H. SOLID WASTE DISPOSAL FACILITIES 4 I. HISTORIC SITES AND STRUCTURES 4 J. ENVIRONMENT 5 K. OTHER IMPACTS 5 APPENDIX 6 IMPACT ANALYSIS STA uMENT FEATHERSPROPERTY i_ INTRODUCTION The Ronald A. Feathers property is a 2.047 acre parcel located on U.S. Route 522 just south of the intersection with Bryarly Road -Route 789. The property location is shown on Exhibit_ 1. The parcel is currently zoned RA -Rural Areas District. This same property is designated in the County of Frederick, VA Tax Parcel 42-A-249; Deed Book 674 Page 93. The zoning proposed for the parcel is 133 -Industrial Transition District. The present use of the parcel is residential. Preliminary plans proposed for the parcel call for the establishment of small trailer and truck rentals in combination with retail hardware and small equipment sales. A. SITE SUITABILITY 100 YEAR FLOOD PLAIN According to the US Department of Housing and Urban Development Flood Boundary and Floodway Map panel #510063 0105 B, and the Frederick County Comprehensive Plan, the property is not within a designated 100 year flood plain. WETLANDS The property is generally well -drained. There are no low spots, swampy areas or obvious hydric plants which would indicate the presence of wetlands on the property. STEEP SLOPES The property slopes generally to the west. The approximate average elevation above sea level is 900. Slopes range from approximately 1.0% to 10.0%. MATURE WOODLANDS Judging from the apparent age of the existing dwelling, the property has been used for residential purposes for at least 50 years. Prior to that time and before the construction of U.S. 522 as a divided highway, the property was likely used for agricultural purposes. The property has been generally cleared of woodlands with the exception of some second growth deciduous trees along the southern boundary. SOILS According to the USDA Soil Conservation Service soil survey for Frederick County, the property contains the following soils: •Frederick-Poplimento Loams, 2% to 7% (14B) •Frederick-Poplimento very rocky loams, 7% to 15% (16C) •Timberville Silt Loam, 2% to 7% (40B) The predominant Unified soil classifications are ML, CL -ML, and CL. Depth to bedrock can be expected at 60 inches below the ground surface. However, a limestone rock outcrop is visible running north and south across the eastern portion of the site. page 1 IMPACT ANALYSIS STA. MENT FEATHERSPROPERTY PRIME AGRICULTURAL SOILS According to the Frederick County Comprehensive Plan, the property contains prime agricultural soils. This soil is the Timberville silt loam which comprises approximately 40% of the site (or less than one acre) generally adjacent to Route 789. The majority of the site contains soils too rocky for classification as prime soils. Exhibit 2 illustrates the existing conditions of the parcel. R. SURROUNDING PROPERTIES The property is bordered on the north by a single family dwelling which also contains a hair salon business. The dwelling is approximately 75' from the property line. To the east lies U.S. Route 522. Across Route 522 is agricultural land. To the south is a residential lot containing a single family dwelling approximately 60' from the south property line. To the west lies Route 789 and several single family dwellings on the other side of the right of way. All of the surrounding zoning is RA. Potentially negative impacts associated with the development of the subject property under the proposed zoning will result from the construction of a commercial building adjacent to properties containing mostly single family residential dwellings. A commercial establishment will normally contain exterior security lighting and fencing. Building materials may not reflect the character of a residential area. Outdoor areas will serve as storage. Headlight glare is likely to occur as a result of customer usage during the evening hours. These visual impacts will be mitigated by the implementation of the Frederick County Zoning Ordinance requirements for setbacks, landscaping and buffers. These minimum requirements are illustrated on Exhibit 3. (The minimum landscape area required for the proposed zoning is 25% of the gross area or 22,292 square feet). Overall, the Albin area is a mixture of small businesses, orchards and private residences. Accessibility and visibility from U.S. Route 522 has encouraged the establishment of businesses which include the Virginia Farm Market, Albin Ridge Mini Storage, The Factory Outlet Store, Reading Landscapes, Ridge Country Store and two small hotels. The Comprehensive Plan Land Use Plan identifies Albin as a "potential rural community center". The proposed development would be an addition to the already established private commercial services of the area. C. TRAFFIC For the purpose of this analysis it will be assumed that the maximum possible intensity of development for B-3 zoning which will be permitted after proffers will be used to estimate traffic impacts. According to county model information, the maximum possible intensity for B-3 zoning on 2.047 acres is 37,696 square feet of retail use. According to ITE Trip Generation figures, the average trip generation per 1,000 square feet in the specialty retail category on a weekday is 40.67. Given 37,696 square feet of space, the cumulative average daily trip generation for the proposed development is 1,533 at maximum possible intensity. page 2 IMPACT ANALYSIS STA. LMENT FEATHERS PROPERTY According to ITE Trip Generation figures, the average trip generation per 1,000 square feet in the specialty retail category at the peak hour between 7 and 9 a.tn_ is 6.41. Given 37,596 square feet of space, the cumulative peak hour trip generation for the proposed development is 241 at maximum possible intensity. Traffic will enter and leave the property via U.S. Route 522. U.S. Route 522 is a major arterial road. According to a 1992 tabulation for traffic by the Virginia Department of Transportation, the average daily trip count for U.S. Route 522 at the site is 15,000. The additional traffic generated by the maximum possible intensity as described above would necessitate improvements to Route 522 to accommodate acceleration and deceleration lanes. An entrance permit will have to be obtained from VDOT at the site plan review stage of the project. D. SEWAGE TREATMENT There are currently no public sewerage facilities available in the area. Sewage will have to be treated and disposed by the conventional subsurface absorption field method. The drainfield serving the existing dwelling on the property will not be adequate to treat additional sewage. A permit from the Virginia Department of Health will be required for the installation of a new drainfield. Field size will be based on percloation rates, projected employee numbers and an average usage of 30 to 40 gallons per day per employee. E. WATER SUPPLY There is currently no public potable water service in the area. The well serving the existing dwelling on the property will not be adequate to provide potable water to any proposed commercial establishment. A permit from the Virginia Department of Health will be required for the installation of a new well. The total daily expected water demand is based on a demand of 30 to 40 gallons per day per employee. F. DRAINAGE The property lies near the top of a major watershed divide between the Potomac and Shenandoah Rivers. Drainage from the parcel flows to the west to Parish Run and then north to Back Creek and enters the Potomac River after traversing the West Virginia County of Berkeley. Measurable surface water runoff occurs on the site intermittently during periods of heavy rainfall. Runoff is conveyed beneath Route 789 by a 30 inch diameter corrugated metal pipe. The proposed development will include storm water management measures designed to prevent adverse impacts on the surrounding properties and storm water structures. page 3 IMPACT ANALYSIS STA _ iMENT FEATHERS PROPERTY G. EMERGENCY SERVICES The nearest county fire facility is the Round Hill Community fire company No. 15 located approximately 3 miles to the south on U.S. Route 50. The nearest county rescue facility is also the Round Hill Community Fire company. No additional fire and rescue facilities will be required for the proposed development. However, the cost projected to meet emergency services needs can be estimated by the following: cost = cost per 1000 square feet x 1000 square feet of establishment These costs are interpolated from county model figures and based on information from the Frederick County Comprehensive Plan and is based upon 37,696 square feet of retail space. $138.00 = $3.66 x 37.696 credit for taxes to capitol cost = $184.00 H. SOLID WASTE DISPOSAL FACILITIES The nearest solid waste transfer facility is located approximately 0.5 miles to the south on Route 679. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by the development is estimated to be 50 pounds per day. The figures below are based on information from the Frederick County Comprehensive Plan and the county staff. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The cost projected to meet waste disposal needs can be estimated by the following: cost = cost per ton of waste x tonnage $547.50 = $60.00 x 50/2000(365) I. HISTORIC SITES AND STRUCTURES The property contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies just outside the commonly accepted limits of the Second Battle of Winchester. No other sites of historic significance are known to exist on the property. The Rural Landmarks Survey Report lists the property as containing a significant agricultural structure from the period of 1865-1914: House, Route 789 (543) page 4 IMPACT ANALYSIS STA _ LMENT FEATHERS PROPERTY According to The Rural Landmarks Survey Report, there exist numerous significant structures in the immediate area. See Exhibit 4 for additional listings. J. ENVIRONMENT There are no significant environmental features on the subject property. Construction of the proposed development using accepted engineering and constructed practices will pose no threat to groundwater, surface water or air quality. O. OTHER IMPACTS Interviews with county staff indicate that no additional impacts are required to be addressed at this time. page 5 �� per. `:' C f/ ' _ f(' / i ' \-•. ,__. `moi+ \ � / q'• \ 'f , ..... \ �tf /'/j.:%y, j�; �— �•� � �..�i—+�i" e H Bethel ' );ji r i 1 1/ Cidge ern _ 7 C613 •/. •// 1 �� / /.r �. :. •bet �_^.�`�@ li '� • / 1. i/ •1}% .' / N' r �t I �ry��!/�\';� ,� . �� �O' _ �.•`� p— J� � `` \1 -`. -tri // Ar / I r'� :r' J • : � } � \ � , ' //1��. '. • � a_ , / ._:,/�. �• �,:;; / > =, f , � ',cr ,�/„� (fir- •t , Ir I Illy, ;p \eS, � \ -- _moo•. � j �� �� �/W � t �', i t�/� •�+��.c� ;� O850 SITE LOCATION MAP EXHIBIT 1 LEWIS & ASSOCIATES RONALD A. FEATHERS PROPERTY 24 EAST PICCADILLY STREET FREDERICK COUNTY, VAWINCHESTER, VA 22601 IMPACT ANALYSIS SCALE: 1 =2000 PROJECT NO. 94-071 I REDA VIRGINIA DAVISON 367 BRYARLY ROAD 42-A-104 r C. ROBERT KIDWELL LARGENT RT. BOX 49 GREAT CACAPON, WV 25422 J 42-A-105 1 Of co w) DUNBAR LANE W N 1 ROUTE 852 r l� r O y af BETHEL LUTHERAN PARSONAGE 1 BLOOMERY STAR RT. -BOX 117-A 1 z 42-A-106 #-1-- i I RAYMOND G. EDWARDS 327 BRYARLY ROAD 42-A-107 r r I 148 C. JOSEPH LIZER 145 INDIAN HOLLOW 42-A-250 1 frw f 1 x a EXIST. DWELLING f 1 1 408 I /EXIST, SHEDS 0 I 16C '/ROCK OUTCROP 1 ♦ ff ELSIE E. CARPENTER 26 MONTAGUE AVENUE 42-A-248 EXISTING CONDIT RONALD A. FEATHERS PROPERTY EXHIBIT 2 FREDERICK COUNTY, VA SCALE: 1 60' IMPACT ANALYSIS LEWIS & ASSOCIATES 24 EAST PICCADILLY STREET WINCHESTER, VA 22601 PROJECT NO. 94-071 G d 1 p� p c Z N 4, C tJN O In LP N N 0 N lT �4 ♦ ff ELSIE E. CARPENTER 26 MONTAGUE AVENUE 42-A-248 EXISTING CONDIT RONALD A. FEATHERS PROPERTY EXHIBIT 2 FREDERICK COUNTY, VA SCALE: 1 60' IMPACT ANALYSIS LEWIS & ASSOCIATES 24 EAST PICCADILLY STREET WINCHESTER, VA 22601 PROJECT NO. 94-071 W h I R DUNBAR LANE (v n r ROUTE 852 i *� 0 O 0: � r /---- �_� �s` s� aU44 �S, 1.4iypSC4p£h Rali R�G�iR�o` �o o m 7c ♦ ae,-rW 8d ' ! a f�� ♦ r rn w, f w o �4 DS ` 5• ��sc � Re�N RF $$=R QUA 1 2S• AO � O y ul N 0 2 of N z 0 m N /---- �_� �s` s� aU44 �S, 1.4iypSC4p£h Rali R�G�iR�o` �o o m 7c ' rn w, G 1 � � O ul N N O s r+ N o ♦ 1 SETBACKS & BUFFERS RONALD A. FEATHERS PROPERTY EXHIBIT 3 LEWIS & ASSOCIATES FREDERICK COUNTY, VA24 EAST PICCADILLY STREET IMPACT ANALYSIS SCALE: 1"=60' WINCHESTER, VA 22601 PROJECT NO. 94-071 NUMBER 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 34 sql COMMON NAME 533 House, Route 522 534 Solenberger Orchard 535 Reading Landscapes 536 House, Route 522 537 Davis, G.H. Store and Station 538 Janney -Davis -Massey House 539 Albin Cash Grocery 540 Luttrell, Howard House 11 541 Luttrell, Howard House 32 542 House, Route 789 543 House, Route 789 544 Faith Revival Center 545 Edwards House 546 Greystone Farm 547 House, Route 789 548 House, Route 789 549 Reynolds, Lloyd House 550 Howard House 551 Ungers' Maple Hill 552 Buncutter House 553 Hudson House 554 Mayes House 555 Factory Outlet, The 556 House, Route 679 at Route 789 557 Judge Tavenner Place 558 Solenberger-Dove House 559 House, Rt. 679 RURAL LANDMARKS INVENTORY EXHIBIT 4 LEWIS & ASSOCIATES RONALD A. FEATHERS PROPERTY 24 EAST PICCADILLY STREET FREDERICK COUNTY, VA WINCHESTER, VA 22601 IMPACT ANALYSIS PROJECT NO. 94-071 < ry on v N px W Y 0 -o .+ a0 u L. 0 OCd G U BK647PGO93 TMS DEED made and dated this 11th day of May 19 87 , by and between LLOYD R. RENNER, party of the first part, herein- after called the Grantors and RONALD A. FEATHERS and TeNONCEE FEATHERS, his wife, party of the second partt hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantors do hereby grant and convey (with general warranty and English covenants of title, in fee simple, Jointly, as tenants by the entirety with the right of survivorship, as at common law, the following described property: All of that portion of what is known as the D. A. Fries Lot, together with all improvements and appurtenances thereto belonging, lying and being situate along the Western side of the new location of Virginia - U. S. Highway No. 522, about three (3) miles Northwest of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, and being further designated as Parcel 4, in that certain deed, dated October 19, 1966, from H. Ray Butler, et at, to 11. Ray Butler, also known as Henry Ray Butler, of record in the aforesaid Clerk's Office in Deed Book 328, at Page 173; LESS AND EXCE?T that certain conveyance of 9,555.75 square feet from the said parcel of record in the aforesaid Clerk's Office in Deed Book 332, at Page 201, and being the same property conveyed to Lloyd R. Renner, homme sole, by Deed dated November 4, 1986, from Stephen G. Butler, Executor of the Estate of Henry Ray Butler, and on record in the aforesaid Clerk's Office of the Circuit Court for the County of Frederick in Deed Book 631, at page 158. This conveyance, however, is made subject to all ri3hts of ways. !asements and/or conditions of record, if any, affecting the aforesaid realty. The Grantors do hereb.y covenant that they have the right to .11convey said realty' to the Grantees, that the Grantees shall have quiet and 1peaceable possession of the said property. free from all liens and and that they will grant such further assurance of title as y be requisite. The parties agree that a billboard sign can be placed at the far southern corner of old 522 North close to the W. E. Edwards side, to be four (4) feet wide and eight (8) feet high onposts and erected by Grantor. WITNESS the following signaturefte➢(tsep t r�T 1— 1../ (SEAL? LLOYD R. RENNER STATE OFV fh, Cl 1,11,nth.ji. TO -WITS Ji r"Z r a Notary Public. in and for the State and Jfj t, -.ry. r s..: aforesaid, does hereby certify that - LLOYD R. RENNER, whose name is signed to the foregoing DEED bearing date on the _Lr4 day of , /I Q.,� . 19_L-1, has personally appeared before me and acknowledged the same before me in my State and ..•7..._. aforesaid. c�H.. �.;� •. Given under my hand this //" day of 19 J'.'. My Commission expires tIGQ76,e, /C,. /gji , T- fj ;•. Notary ublic .t,31NIA FREDERICK COUNTY, a,.;r. This instrument of Writing was produ to me on the \ A�day of , 19 � at ad with csrtifical• of acknowle ent thereto annexed was ,dju•teed to record. Ta: imposed by Sec. 58-64.1 of . 0 a , and 58.54 have been paid, If aiwewb., j r" t Clegb 7PGO 95 r.a star lir Far tlwsr« n DEED OF TRUST THIS DEED OF TRYST (`Security Inu'ummn7 is made on ... May 11 Kis 1987 • • • •Tire grantor is... n d. A.. Feathers. aod.TeNoncee._ Bathers, . (►is..wi£e............. ('Nwrowit"I The trustee is... Lleborab. M.. Drumback ........... of .....Winchester........ ,Virginia. and Flournoy. L.. Largest... of ... Winchester ................ Virp'njs, trusted (an one q� �' may act and who are reigned to as -lrustec'). The beneficiary is . rarmers. .and .. under the tau . ff�. United—States na ti. lNita ............................. ............. %huh is ora cd and existing under the taus of . llnited..Stntes.nE.America......, and whom address is,. 115.N_.�aoeron..SCreet, Winchester Vir inia..22601..........................................................(`Landed. Borrower own Under t principal sum of ..Font yynE1N¢6 . jhpusand .Dtil lets ............................ • • • • • • • • • • • • • • • • • • • • • • • eeI ...........Dollars (U.S. 3...4 tOW-00........J. This debt is evidenced b Borrowcr's note dated the same date as this Sccyrity Instrument 'Nnre7 which provides for month y earlier. due and payuble on.. Mnaay..11— 201 ....... tr p.ymems. with the full dad., it not paid ...................... ........................... This Security Instrument secures to tender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of AN other sums, with interest. adsanced under paragraph 7 to protect the security of this Security Instrument; and (e) the performsnt" of Borrower's covenants and agreements under thts Security Instrument and the Note. For this purpose, x Irrevocably S nts and conto Trusteetrust. , in tt, with power of sale, the following described property located is ..... YredeXiek. veys uRty............................................ vi4nLA: All of that portion of what, is known as the D. A. Fries Lot, together with all improvements and appurtenances thereto belonging, lying and being situate along the Western aide of the new location of Virginia U.S. Highway No. 522, about three (3) miles Northwest of Winchester, in Stonewall Hagisterial District, Frederick County, Virginia, and being further designated as Parcel 4, in that certain deed, dated October 19, 1966, from N. Ray Butler.'et al. to H. Ray Butler, also known as Henry Ray Butler, of record in the aforesaid Clerk's Office in Deed Book 328, at Page 173; LESS AND EXCEPT that certain conveyance of 9,555.75 square feet from the said parcel of land in the aforesaid Clerk's Office in Deed Book 332, at Page 201, and being the same property conveyed to the Grantors herein,by Deed dated the 11th day of Hay , 1987, and on record Immediately preceding this instrument. which has the address of ........Route 5, Box 902 .: Albin ................................................................ (i—I Inrrl Virginia....................................PPropeny Addmu-r K+r C.&I TOGETHER WITH an the improvements now or hereafter erected on the property, and an easements, rights, appurtenances, rents hies, mineral, oil and gas rights and profess, water rights and mock and all ftatum now or hereafter a part of the property. AN reptacemems and additions shad Oto be covered by Otis Security Instrument. AV of the foregoing is referred to in this Security Instrument es the 'Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to gram and convey the Property and that the Property is unencumbered. except for encumbrances of seen Borrower warrants and will defend g ..dty It. title to 0. Property against ad claims and demands, subject to any enctrmltrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by Jurisdiction to constitute a udfocs security instrument covering teal property. VIRGINIA—Sinsk Family—FNMA/FHLMC UNIFORM INSTRUMENT Fusee 3M7 S/U 96 BK647PGO 96 UNIFORM COVENANTS, Borrower and Lender covenant and epee as follows 1. Payment of Principal and Interest; Prepayment and Late ChntteL Borrow" shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. I Funds for Totes and Instvwnee. Subject to applicable law or to a written waiver by Lender. Borrower shall pay to tender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ('Funds") equal to one -twelfth of: (a) yearly taxes and astessmems which may attain priority over this Security Instrument; (b)yearly lensehotd payments or ground rents on the Property, if any; (c) yearly harard insurance premiums: and (d) Yearly mortgage insurance premiums, if any. Thee nems are called 'escrow iters.' Under may estimate the Funds due on the basis of current data and reasonable estimates of future escrow items. The Funds shall be held in an institution the deposits or accounts or which are insured or guaranteed by a federal or state agency (including Lender if Lender is suction intsutu(ion). (ender shat) apply the Funds to pay the escrow items. Under may not charge for holding and applying the Funds, analyzing the account or verifying the escrow items, unless Under pays Borrower interest on the Funds and applicable law permits Under to make such a charge. Borrower and Under may agree in wnting that interest shall be paid on the Funds. Unless an agreement is made or applicable law inquires interest to be pad, Under shell not be required to pay Borrower any interest or earnings on the Funds. Lender shall give to Borrower. without charge, an annual accounting of the Funds showing credits and debits to the Fundi and the purpose for which each debit to the Funds was made. The Furls are pledged as additional security (or the :urns secured by this Security Instrument. If the amount o('1he Funds held by lender, together with the future monthly payments of Funds payable prior to the d ue dates of the escrow items, shall exceed the amount required to pay the escrow items when due, the exec." shall be, at Borrowers option, either prompiiv repaid to Borrower orcmdited to Borrower on momthly payments of Funds. If the amount of the Funds held by Under is not sufficient to pay the escrow items when due. Borrows shall pay to Under any amount necessary to make up the deficiency in one or more payments as required by Under. Upon payment in full of all sums secured by this Security Instrument, lender shall promptly refund to Borrower any Funds held by Lender. If under paragraph 19 the Property is sold or acquired by Under, tender shall apply, no later than immediately prior to the sale of the Property or its acquisaion by Under,any Funds held by Under at the time of application as a credit against the sums secured by this Security Instrument. ). Application of Payments. Unless applicable law provides otherwise, all payments received by Undcr under paragraphs 1 and 1 shall tic applied: first, to late charges due under the Note: second, to prepayment charges due under (he Note; third, to amounts payable under paragraph 2; fourth, to interest due; and last, to principal due. a. ('harg";Llem. Borrower shall pay all taxes.essessm rds,charges,frnesand impmitions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or grouted rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner. Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Under all notices of amounts to be paid under this paragraph. B Borrows nukes these payments directly. Borrower shall promptly furnish to Under receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority mer this Security Instrument unless Bnrrowec (&)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender;(b)comesisin good faith the ben hv, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to present the enforcement of the lien or (orieitum of any partof the Property: or(e)secures from the holder o(the lien anagreement satisfactory to Under suhordin;i1mg the lien to this Security Instrument. If Lender determines that any pan of the Property is subject toe lien shish may again priority aver this Security Instrument, tender may give Borrower • notice identifying the lien. Borrower shall satisfy the lien or take one or mote of the actions we forth above within 10 days of the giving of notice. S. Huard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Under requires insurance. This insurance shall be maintained in the amounts and for the periods that Under requires. The insurance Carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Under and shall include a standard mortgage clause. Under shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Under all receipts of paid premiums and renewal notices. In the event of lois, Borrower shall give prompt notice to the unsurancecarrier and Lender. Under may make proof of loss if not made promptly by Borrower. Unless Under and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair if economically feasible and Under'f security is not lessened. If the testoration or repair is not economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Under that the insurance carrier has offered to settle a claim, then Under may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The JO -day period will begin when the notice is given. Unless Lender and Burrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred 10 in paragraphs I and 2 or change the amount of the payments. If under paragraph 19 the Property is acquired by Under, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall panto Under to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. i. Preservailon and Maintenance of Property; Leaschotils. Borrowershall not destroy,damage or substantially change Use Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a easchold, Borrower shall comply with the provisions of the lose, and if Borrower acquires fee title to the Property, the leasehold and fee tide shall not merge unless Lender agrees to the merger in writing. ' 7. Protrcdon of Lenders Rights In the Property; Mortgage Insurance. If Borrower rails to perform the covetumis and agreements contained in this Security Instrument, or then is a legal proceeding that may significantly affect Lender's rights in the Propeny (such as a proceeding in bankruptcy, probate for condemnation or to enforce law or regulations), then Lender may do and pay for whaleser is necessary to protect the value of the Property and Unders rights in the Property. Under)s actions may include paying any sums secured by a Geis which has priority over this Security Instrument, appearing in court, paying reasonable attorneys fees and entering on the Property to make repairs. Although Undo may take action under this paragraph 7. Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this SeeuritrdInstrument. Unless Borrower and Lender agree to other terns of payment, these amounts shall bear interest from the date of 'ubunement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment BK647Pc097 d mostgaEe insurance saa condition of making the Inan secured by this Security Instrument, Borrower •_•• r,.r ••,. v.s,.,..,..,..s.(uittd to maintain the insurance in effect until such time as the requimment for the insurance terminates is accordance with Iforrower's and Lender's written agreement or applicable law. !L Inspection. Lender or ita agent may make seasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying seasonable cause for the inspection. f. Condemnation. The proceeds of any award or claim for damages• director consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be pad to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument. whether or not then due, with any excess paid to Burrower. In the event of a partial Liking of the Property. unless Borrower and Lender othcrwne agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) The total amount of the sums secured immediately before the taking,divxfed by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Rorrower, or if, after notice by Lender to Rorrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lander within H)days alter the date the notice is given. Lender is aulhorired to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then dere. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 1 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the lability of the original Iforrower or Borrower's successors in interest. lender shall not he required to Commence proceedings against any successor in interest or refuse to extend time for payment or of herwise modify smorti/ilion of the sums secured by this Security Instrument by reason o(anydemand made by the original Borrower a Bsrwwer's successor in interest. Any forbearance by Lender inexemising any right or remedy shall not be a waiver of or preclude she exercise of any right or remedy. 11. Successors end Assigns Bound; Joint and Several ILbit ly; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the surcessnn and assigns of lender and Borrower, subject to the provisions of paragraph 17. Soffower's covenants and agreements shall he jam and sevent. Any Ronower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrowers interest in the Property under the terms of this Security Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument: and (e) agrees that Lender and any other Rorsower may agree toextenl, modify, forbear or nuke any accommodations with regard to the terms of this Security Instrument or she Note without that Rnrrowers consent. 11. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum Lwin charges, and that law is finally, interpreted so that the interest or other loan charges collected or to be collected in connection with the h,an exceed the permitted limits• then: fa) any such loan charge shall be reduced by the amount necessary to reduce the charge to the U=,, limit: and Ib) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be Imated as a partial prepayment without any prepayment charge ^nder the Note. 13. Legislation Affecting lender's Rights. If enactment or expiration of applicable laws has the effect of tendering any provision of the Note or this Security Instrument unenforceable according to its terms. Lender, at its option, may require immediate payment in full of all sums secured by this Security Instrument and may invoke any remedies permitted 1,y paragraph 19. If Lender exercises this option. Lender shall take the steps specified in the second paragraph of paragraph I7. 11. Notices. Any notice to Rnrrourrprovided for inthis_Securioy Instrument shall be given by delivering it orbs mailing it by first class mail unless applicable law requires use of another nsrthrd. the notice shalt he directedto the Property Address or any other address Borrower designates by notice to lender. Any notice to Lander shall be given by first class nail to Lerder's address stated herein or= other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. IS. Governing Law; Sevmbility. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the went that any provision or clause of this Security Instrument or the Note enn0icts with applicable taw, such conflict shall not affect other provisions of this Security Instrument or the Note which can he given effect without the conflicting provision. To thisend the provisions of this Security Instrument and the Note aredeclared to be severable. IC Borrowers Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest In Borrower. If all or any pan of the Property or any interest in it is told or transferred (cc if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) uuho I Lender's prior written consent. Lender may, at its option. require immediate payment in full of all sums secured by this Security Instrument. However, this option shelf not be exercised by Lender if exercise is prohibited by federal Lw as of the date of this Security Instrument. If Lender exercises this option, Lender .hall give Borrower notice of acceleration. The notice shall provides period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Ig. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to hair enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) y days (or such other period as applicable taw may specify for reinstatement) before saleof the Property pursuant toany power of calecontained in this Security Instrument, or (b) entry of a judgment enfominphis Security Instrument. Those conditions are that Borrower. (a) pa ys fender all sums which then would be due under this Security Instrument and the Note had noacecleration occurred: (b)cums any default of any other covenants or agreements; (e) pays allexpenses incurred in enforcing this Security Instrument• including, but not limited to, reasonable attorneys fees; and (d) takes such anion as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, shit Security Instrument and the obligations secured hereby shag remain fully effective as if nu aeackntion fad Occurred. Howe ver."right ts reinsute dub ata apply in the can of acodention under paragraphs 13 or 17. 97 8x64 7Pc098 NON-UNIFORM COVENANTS. Borrower and Lender (umber covenant and agree as follows: 19. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In the% Security Instrument (but not prior to acceleration under paragraph% 13 and 17 unless applicable law provides otherwise). The notice shall specify: (a) the default: (b) the action required to cure thedefault; (c)■ dele,not less than JO don from the date the notice Is given to Borrower, by which the default most be cured: and (d)thot failure to curt the default on as before the date specified In the notice may result In acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further Inform Borrower of the right to rdnstate after acceleration and the tight to bring a court action to avert the non-ednrnce of a default or any other defense of Borrower to acceleration and sok. U the default Is not cured on or before the date specified In the notice. Lender at Its option may regrdre Immediate payment In full of all sums secured by this %ecuriy Instrument without further demand and may Invoke the power of sate and any allies remedies permitted by applicable law. fender shall be entitled to colted all expenses locurved In pursuingthe remedies provided In this paragraph 19,Including,but not limited to, reasorable atiorneyi fees and costs of dile evidence. It lender Invokes the power of sale. Lender or Trustee shall give to Borrower (and the owner of the Property. If a different person) notice of sale in the manner prescribed by applicable law. Trustee shall give public notice of sale by advertising. In accordance with applicable kw, once a week for two successive *"it%In a newspaper hating general circulation in the county or city In which any par of the Property Is healed, and by such additional or any different form of advertisement the Trmtre deems ads amble. Trustet may sell the Property on the eighth day titer the first advertisement or any day thereafter, but not later than JO dos following thr last adsertiwm,nI. Trustee, withoul demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated In the notice of sale In one or more parcels and In any order Trustee determines. Trustee may postpone safe of all or any parcel of the Property by advertising In accordance with applkabk law. !Andre of its designee may purchase the Property at any ark. Trent ee shall ddiv tr to the purchaser Trustees deed conveying tht Properly wilb special warranty of title. The recitals In the Truvtre's deed shall he prima lade evidence of the truth of the sldements mads therein. Trustee shall apply the prsreerds of the sate In the followlug order: (a)lac dl ts(wns %rsf the sate. Inchading, but mel limited to, l rustce's feesof ......J........%of the gr— -k price and reasonable attorneyi fees;(h)to the discharge ufall taxes, leviesand aunvnentsonlhe Propemy,ifeny, asprusWed by applkatle low: (c) to all sums secured by this Security Instrument; and (d) any excess to the personae persons legally entitled toil, Trustee shall not be required to take possession of the Property prior to the sale thereof or iodelim possession of the Properly to the purchaser of the wk. 20. I—ler In 1•maeaslun. Upon acceleration under paragraph 19 or abandonment of she Properly, tender tin persan, by agent or by judicially appointed receiver) shall be entitled to enter upon• take possession %stand manage the Property and to collect the rents of the Propcny including those past due. Any rents collected by lender or the receiver shall be applied first to payment of the nor of management of Ilse Properly and collection of rents, including• but not limited to. receivers fees, premiums on receiver's bonds and reasonable attoreyi fees, and then to the sums secured by this Security Instrument. 21. Release. Upon payment of all sums secured by this Security Instrument, Leader shall request Trumeeto release this Security Instrument and shall surrender all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall release this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 22. Substitute Trustee. Lender, at its option, may from time to time remove Trustee and appoint a successor trustee to any Trustee appointed hereunder. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conicrred upon Trustee herein and by applicable law. 23. Ideniffication of Note. The Note is identified by a certificate on the Nose executed by any Notary Public who centfics an acknowkdgment hereto. 24. Ride (a this Security Instrument. If ane of more rider art executed by Ikrtrower and recorded together wrh this Security Inaruuent, the corerants and agreements of each such rider shall be incorporated into and shall amend and supplement the co%eeants and agreements of this Security Imtrumertt as if the ridMs) were a pan of this Security Instrument. [Check applicable box(es)) ❑ Adjustable Rate Rider ❑ Condominium Rides ❑ 2-4 Family Rider ❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ (Aher(s) [specify) NOTICE: THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THE TERMS THEREOF BEING MODIFIED IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY CONVEYED. BY SIGNING BFLOW, Borrower accepts and agrees lathe temp and covamntscontained in this Security Instrument and in any riders) executed by Borrower and recorded with it. . Ce7c( .... (Seal) R A ALD . FEATHERS 41— ..... 1 -w..... .Q?F .. (seal) TeNONCEE FEATHERS 44...' lama errs•e nae U. For Axlaa.te4sN+1= STATE OF r 17 ubscribed and sworn to before me this day of 1987, by Ronald A. Feathers and TeNoncee Feathers. My Commission expires Cary u 1 c i ale c l • #8497 oK G ! ; 9 The attached ` bb plat, and courses and distance descriptio;;. -„ue by L. Allen Ebert Certified Land Surveyor, Winchester Virginia, dated 6 , 19 87 , of the lands of Frederick County --� situate in Gainesboro District, Frederick Count land acquired b y' Virginia, and being the same la - 9 Y file said sa Ronald A. Feathers and TeNoncee Feathers by deed dated 19 87 from e ner of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book No. 647 . Page 93 , is hereby confirmed and submitted for record in the aforesaid Clerk's Ofrice. Given under our hands this 9th day of November 19 87. Qom' (SEAL) Q „, (SEAL) owner (SEAL) Owner (SEAL) Owner STATE OF VIRGINIA COUNTY OF FREDERICK# TO -WIT: a Notary Publi for said County of Fr a ick, in the State jun ia, do hereby certify that---iCA�Nr _ i? rS2 whose names are signed to the foregoing Cerof Confirmati n by Owners, and Plat, bearing date of the -9NU�� (., ,19�have acknowledged the same before mcounty afore- said. Fly commission expiresGiven under my hand this o{tl��a„�yj�� lg 1 Public r �hb6*11614J N. RAY O.B. TLCR 328 B p. 173 k64 • jV 12- ,GG W IB0.9. W m H d 2.047 G. 'u4mdW W ACRES Ntio� N p Y O O . � N •N N 25.Z 36. 0p.. W �o 69.40 �u S so o 59'12" E 1312.46• 316.82• OBW. 320WpR2 ; +�°NPry 0urro ���y1►LTIi pal' L NEDEN 1498 0 m V ' CKG6(,rGiso The Accompanying, Plot Represents A Boundary Surrey of the Land conveyed to Lloyd R. Renner by Deed dated 4 November 1986 in Decd Book 671, Page 158. The said Land fronts the Los Lorn Boundary Line of 1A. Route 789 and the Weatorn Boundary Line of U. S. Route 522, and lien in Guinesburu District,Frederick 1 County, Virginia: Beginning at u railroad spike in the Eastern Line of VA. Ruute•789, a corner tai the 8utlur Lund; thence with the suld Line. S 04' 22' 22" E - 367.77 ft, to an Iron pin (found). a corner to the Edwards Land; thence with Lite Northern Line of the said Lund, S 84' 59' 14" E - 312.46 ft. to an iron pin (found). and continuing S 84. 59' 14" F. - 316.82 ft. 1N ALL to o point in the Western Line of U. S. Route 522; thence with the Throe Following said Lines, N 25' 36' 00" W - 89.40 ft. to a Y.D.II.T. monument; thence N 22' 21' 37" W - 108.59 ft. to a V.D.II.T. monument; thence with the Arc Line 212.28 ft. (Chord N 23' 17' 19" W - 212.16 It.. Radius 5,169.51 ft.) to an iron pin, a corner to the said Butler Lnnd; thence with the Suuthern Line of the said Land, N W 12' 12" W - 180.94 ft, to the beginning. Containing: 2.047 Acres Surveyed: 6 March 1997 L7 If Os VIRGINIA: FREDERICK CDUNIY. SCT. This insit untent of writing was produced T E�T� � to tno on the t -OUS day of �N • ` tMIEN (LICENSE) No. 1H b1 at 1,i�°aid went cartihcato 1498 of ac!:notvledLmcnt thereto annexed wastIh admitted to record, b BVRt►t-too CLERK PETHION This petition is in response to the rezoning of 2.047 acres located on US Route 522 just south of the intersection of Bryarly Road (Rt. 789) . By signing this petition I am asking that this rezoning proposal be denied. Thank you for your time. NAME -ADDRESS / c4 is Tic ti' SIGNATURE AtZ L ci_-4 Z -& a fz, P w, 4 a, rz, X -J (Lni 9A zxz Fv- ts 11,-q-F^r;,e-s / t6 -4MrV I -L, m-c,E IL4- n"Y /, 9 Z L Ve L) n ,- Z�'l e 4mac. CQ -Q r(-,, d VAo. QV 2 1r—)l' I 11th C r k -GIL J 100 Div n �w rSr - Rezoning Application #001-95 Wayne R. Ridgeway Received 5/3/95 t PETITION This petition is in response to the rezoning of 2.047 acres located on US Route 522 just south of the intersection of Bryarly Road (Rt. 789). By signing this petition I am asking that this rezoning proposal be denied. Thank you for your time. Rezoning Application 1001-95 Wayne R. Ridgeway Received 5/3/95 fflA� I L..W. // LSMPAMMMI�Lff 04 -- . FH �, H.M.M. ME WWA,'VA 14 y . ,.. I ■ Rezoning Application 1001-95 Wayne R. Ridgeway Received 5/3/95 P/C Review Date: 10/04/95: REZONING APPLICATION #004-95 FLYING J. INC. To Rezone 3.65 Acres From RA (Rural Areas) To B3 (Industrial Transition) LOCATION: This property is located at the intersection of Interstate 81 and Rest Church Road (Route 669). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 33A -A-1, 2, 3, 6, 7, 8, 9 & 10 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use: residential ADJOINING PROPERTY ZONING & PRESENT USE: Zoning: B3 (Industrial Transition) and RA (Rural Areas) Land Use: business and agricultural PROPOSED USE: Landscaped areas, parking and fueling islands for interstate travel plaza. REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached comments dated 09/06/95. Health Department: No comment on rezoning of three acres. The Health Department has not received any applications for the water supply or sewage. Fire Marshal: Additional dialogue is taking place with the applicant on various fire safety issues. All of these issues will be addressed on site plan. Page 2 Flying J. Inc. Rezoning #004-95 Fire and Rescue: Water storage pond needs to be maintained to capacity for fire suppression. It also needs to be protected from fuel run-off in case a leak or spill occurred at the fuel pumps. It is requested that a dry hydrant be placed for the pond. The connection area will have to be protected from parking. County Attorne. Only present owners need to sign proffers. County Engineer: We do not have any comments at this time concerning the proposed rezoning. However, we reserve the right to perform a detailed review at the time of the site plan submission. Stormwater management will be required for the proposed development. Planning & Zoning: Location: The parcels in question are located adjacent to a interstate interchange and existing B-3 (Industrial Transition) zoning. Site Suitability: The terrain of the lots is slightly rolling. The general area has historically been used for agricultural uses. Much of the nearby land is currently in orchard. The lots to be rezoned are not in the flood plain, are not wooded and appear to contain no other environmental features as defined by our ordinance. Potential Impacts: The anticipated impacts of the requested rezoning are minimal. The proposed use for the lots to be rezoned is incidental to the main use of lots 1, 2 and 3 of the land rezoned to B-3 in 1991 by the Rainbow Group. These three lots are the proposed site of a Flying J Travel plaza. The "travel plaza" can be expected to draw a large number of vehicles off of the interstate, however, the plaza can be constructed (assuming appropriate permits and approvals are obtained) without the approval of the current rezoning request. These lots are not necessary for the use, but rather provide for an unobstructed frontage along Route 669 which is desired by the applicant. Page 3 Flying J. Inc. Rezoning #004-95 There would be an unfunded cost to the local fire and rescue company, which the applicant has proffered to pay at the time of issuance of a certificate of occupancy. The proffer statement in the application package is labled "draft" and is not signed. Prior to approval, the applicant would need to provide a signed original. Other: There is some confusion concerning the actual acreage of the parcels to be rezoned. The survey supplied does not match the site drawing. It is believed that the discrepancy is a result of the deeds for the lots running to the center line of Route 669 rather than from the edge of the Virginia Department of Transportation's right- of-way. The applicant will need to provide information to clarify the acreage to be rezoned. If in fact the deeds do run to the centerline of Route 669, land will need to be dedicated as part of the future subdivision and or site plan approval. STAFF RECOMMENDATION FOR 10N04\95 PC MEETING• In light of the minimal impacts associated with request, staff recommends approval with the acceptance of the proffers. COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION 14031 OLD VALLEY PIKE DAVID R. GEHR P0. BOX 278 WILLIAM H. BUSHMAN, P. E. COMMISSIONER EDINBURG, 22824-0278 RESIDENT ENGINEER TEL (540) 984-5600 September 6, 1995 FAX (540) 984-5607 Request for Rezoning Comments Flying J., Inc. (Route 669, Frederick County) No overall objections to the rezoning of the seven residential properties. However, if rezoned these properties when combined with the adjacent parcel to develop the proposed Flying J Travel Plaza will have a significant traffic impact on Route 669 and the 1-81 interchange area. Commercial entrances will need to be constructed in accordance with VDOT minimum design standards to allow for a safe egress/ingress of the site. Also based on traffic generated by the development, extensive improvements to Route 669 including widening, tum lane lanes, and signalization may be required. The developer will be required to bear the costs of all right-of-way improvements and provide any additional right-of-way necessary to accommodate needed improvements. All work will need to be covered under a land use permit. Before commenting further this office will require a complete set of construction plans which detail entrance designs, drainage features and a traffic impact analysis for review. TRANSPORTATION FOR THE 21 ST SFNTI_JRV W 15 s�1-�ia6 14 13 Rest ChurchRt' 669 Road R t. �o fest Church R D oodi o CO F Y 17 1 _�� 18 Sae > �0 r k!. 2 r v� 0 90 3 Z *" Duncan Run � is:•'•'e 0: s� •O p0:0O• ':•oa:�S:❖'•:::'�i',S: J • 0 • ss Location Map for PIN: 33A -A.--1,2,3,6;,7&1 Flying J: I:nc. Rezoning #004-95 REZONi_NG APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. - Zoning Amendment NWnber Date Received_q` BOS Hearing Date 1 PC Hearing Date OL The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: 2 - Telephone: Telephone: 801 -734 64 CC 2. Representative: Telephone: OM R�ni "31q(o 3. Owner: Name: �f L Cl,.±D" 8+7 Address: �A 1 Telephone: 12 N ; J IV, Flying J Travel Plaza Rezoning Application Form Frederick County, Virginia Continuation Sheet: ITEM 3 - OWNERS: Area West of Lot A and Lot A: William F. Young Venna M. Young HC33, Box 7-72 Winchester, VA 22601 Lots B and E: Rainbow Group, Inc. c/o Mr. Henry Buettner 124 West Boscawen Street Winchester, VA 22601 Lots F, G, H, and J: Pen Day Enterprises, Inc.. Rte 1, Box 148 Clearbrook, VA 22624 Other parties of interest: Flying J Inc., a Utah Corporation P.O. Box 678 Brigham City, UT 84302 Contract to purchase Lots A, B, E, F, G, H and J The Code of Vir inia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Lr1HI ' !u 4. Zoning Change: It is requested that the zoning of the property be changed from (2- to T� • 3 S. Current Use of the Property: 6. Adjoining Property: PARCEL ID NUMBER 1e.u.,m Y SE ZONING S 7. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): ':�oodvst QS.Let 13 Flying J Travel Plaza Frederick County Rezoning Application Continuation Sheet ITEM 6 - ADJOINING PROPERTY: Parcel ----------------------------------------------------------------- ID Number: Use: Zoning: 33A 00 000 000 000 000 004 Planned for B-3 33A 00 000 000 000 000 005 Commercial 33 000A 000 000 000 000 91A & B Development M -Z4 � J 3 (Whitehall Business Park) Ag e 8. Parcel Identification: 14 Digit Tax Parcel Number: 3A 00 000 OCZ Oco Om 00 l F Z, 3� 7, -t ( 0 9. Magisterial District: lie. LU 0, 10. Property Dimensions: The dimensions of the property to be rezoned Total Area: 3��Acres The area of each portion to -be rezoned to a different zoning district category should be noted: Acnes Rezoned from__ to T3 Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: Deed Book Number Pages 12. Proposed Use: It is proposed that the property will be put to the following uses. �. t - Q C CESS eii 13. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property _ Statement verifying taxes paid Agency Comments Fees Impact Analysis Statement Proffer Statement 14 Flying J Travel Plaza Frederick County Rezoning Application Continuation Sheet ITEM 11 - DEED•REFERENCE: Young Property: Conveyed from Luther H. Combs and Patricia A. Combs Deed Book Number 311 Page 210 Deed Book Number 311 Page 212 Rainbow Group: Lot B: Conveyed from Barbara S. Linecum, Diane S. Kearns, and Katherine S. Whitesell as general partners of BDK Ltd., a Virginia Limited Partnership Deed Book Number 842 Page 0127 Lot E: Conveyed from Robert L. Swartz and Brenda M. Swartz Deed Book Number 840 Page 222 Pen Day Enterprises, Inc. Lots G, H and J: Conveyed from Jack A. Dennison and Evelyn Dennison Deed Book Number 558 Page 825 Lot F: Conveyed from Robert A. Owens and Brenda S. Owens Deed Book Number 651 Page 293 14. Signature: I (we), the undersigned, do hereby respectrully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) 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 arc true and accurate to the best of my (our) knowledge. Applicant: Owner. Date: r*1 ate. W afvvt M • aY)J-, v EAr , . Gb Eyk�trp�5 15 FLYING J TRAVEL PLAZA WINCNE5TER, VIRGINIA SITE CONCEPT A PROTOTYPE BUILDMG LI5208R ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 -digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. Property ID: Address: • I Address: ID: ID: 17 ame Address and Property Identification 1• Address: 124 W. Boscawen St. , Winchester The Rainbow Group 22601 \ Properly ID: 33A 00 000 000 000 000 004 �j Address: Siler Rt, Box 1 51 , Winchester, VA Ronald Simhovitch 22601 Property ID: 33A 00 000 000 000 000 005 • Address: Box 2368, Winchester, VA 22601 Fruit Hill Orchard Properly ID: 33 000 A 000 000 000 000 890-90 • Address:P.O. Box 55, Clearbrook, VA 22624 Davi K. & renda y rty ID: 33 A 000 000 000 000 880 • Address: 124 w. Boscawen St., Winchester, V The Rainbow Group 22601 Property ID: 33 000 A 000 000 000 000 91 A&B •1��'r L(�I C r Address:'. Property ID: 2 • Address: Property ID: Address: • I Address: ID: ID: 17 AMENDMENT ACTION: PLANNING COMMISSION: October 4, 1995 BOARD OF SUPERVISORS AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #004-95 of FLYING J INC WHEREAS, Rezoning Application #004-95 of Flying J Inc. was submitted to rezone 3.65 acres, located at the intersection of Interstate 81 and Rest Church Road (Route 669) and designated with PINs 33A -A-1, -2, -3, -6, -7, -8, -9, and -10 in the Stonewall Magisterial District, from RA (Rural Areas) to B3 (Industrial Transition); and, WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on October 4, 1995; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this rezoning on ; and finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 3.65 acres, designated by PINS 33A -A-1, -2, -3, -6, -7, -8, -9, and -10, from RA (Rural Areas) to B3 (Industrial Transition) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: WAFT FFE.(z5 DRAFT August 30, 1995 Frederick County Board of Supervisors Frederick County Planning Commission 9 Court Square Winchester, VA 22601 Reference: Flying J Travel Plaza Flying J Inc. I-81 & Route 669 Frederick Co., VA We the undersigned, sole owners of the lands to be rezoned under rezoning request number ,(hereinafter the "Property") referred to as the Flying J Travel Plaza rezoning, and the applicants for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding on the heirs, exectutors, administrators, assigns and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to the other requirements set forth in the Federick County Code: 1. Prior to the issuance of a certificate of occupancy related to any improvements placed on the Property by applicant, it will pay to Clearbrook Volunteer Fire Company, Inc. the sum of $500.00 to be used for the purposes of the fire company. OWNERS: THE RAINBOW GROUP: Henry C. Buettner, Jr. Ronald S. Simkhovitch WILLIAM M. YOUNG VENNA M. YOUNG PEN DAY ENTERPRISES, INC. James Connelly, President John W. Owen, Vice President APPLICANT: FLYING J INC. J. Phillip Adams, President This ordinance shall be in effect upon its passage. Passed this day of , 1995. Richard G. Dick Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Jimmie K. Ellington James L. Longerbeam Robert M. Sager A Copy Attest John R. Riley, Jr. Frederick County Administrator IMPACT STATEMENT ZONING APPLICATION NUMBER FLYING J TRAVEL PLAZA The proposal is to rezone property owned by three property owners from R -A residential zone to B-3 transitional commercial zone. The proposed use is an interstate travel center offering retail goods and services to the motoring public. The facilities will include a 24 hour restaurant, convenience store, fueling facilities, RV station including propane sales and waste disposal, laundromat, drivers lounge and shower facilities, and barber shop. Other services to be provided include extensive telephones, fax devices, automatic teller machines, and similar electronic services to the general public. The site consists of a total of approximately 25 acres, of which about 22 acres are appropriately zoned B-3. This request is to rezone about 3 acres of road frontage to the same zoning as the larger portion which is located behind it. The rezoning issue is limited to only the frontage area of the 25 acre site and all comments will relate only to that 3 acre area to be rezoned. A. Suitability of the Site: 100 year floor plain. Includes no portion of the site. Wetlands. No portion of the site is classified as wetlands. Steep Slopes. There are no portions of the site over 15% in slope. Mature Woodlands. There are no site. Prime Agricultural Soils. The single family residential. agricultural purposes. mature woodlands on the site is now developed as None of it is used for Soil or Bedrock Conditions. There are no soil or bedrock`, -`- conditions that would interfere with or restrict the proposed use. There are no other site restraints or hazards. B. Surrounding Properties:'' The only residences near the rezone area are included in the'- ,--;-' rezoning and will be removed. There are no other residences within sight or sound of the site, and no activities on the rezoned area will produce noise, glare, fumes, pollution, odors or other nuisance factors to surrounding residential properties. C. Traffic: The effect of the proposed rezoning will be to generate no additional traffic. The proposed travel plaza will generate the same traffic with or without the proposed rezoning. The rezoning is being proposed to provide more area for landscaping, better visibility for the facility and more convenient parking. Were the land not rezoned and the plaza built, the existing houses would block.sight lines from the access roads to the plaza and constitute a traffic hazard. The rezoning therefore would enhance area traffic movements. Existing traffic counts are 1335 per day West of I-81 in Route 669 and 2401 per day East. Changes in traffic counts will come as -a direct result of the 1990 rezoning of the majority of the travel plaza site, not from the rezoning of these lots on the periphery of the property. P. Sewage Conve ance and Treatment: There are no structures intended for the rezoned area that would need or have sewer service. E. Water Supply: The only need for water in the rezoned area would be for the care and maintenance of the extensive landscaping planned. A central irrigation system will be installed to supplement normal.precipi.tation. Specifics of this plan and other water issues will be addressed comprehensively in the site plan review and building permit processes as the project proceeds. F. Drainage• The drainage from these peripheral lots as part of the larger travel plaza development will be incidental. A complete site drainage and grading plan will be provided for the entire site as part of our site plan review process, and this issue can only be addressed as part of that larger site engineering. G. Solid Waste Disposal Facilities: The majority of the rezoned area will be landscaped, with the balance in parking area. Minimal solid waste is expected to be generated by those uses, and will be considered in the context of our larger site plan review process. H. Historic Sites and Structures: There are no his sites or structures identified by the Frederick County Rural Landmarks Survey Report, the Virginia Division of Historic Resources, or listed on the State or National Register of Historic Places on the land to be rezoned or adjoining properties. I. Impact on Community Facilities: A model of our impact on community facilities has been provided by the Frederick County Department of Planning and Development and is attached. The only significant impact shown by this analysis is a burden of approximately $500.00 on the Clearbrook Fire and Rescue Company. We are proferring the payment of this amount as part of our zoning request. In a 1990 rezoning, the principal portion of the site for the proposed travel plaza was rezoned to B-3. As part of that rezoning action, proffers from the property owners were tendered to the county and accepted. As Flying J develops its portion of the site, it will comply with those proffers. This will involve providing specific site improvements, complying with conditions for operation and maintenance of the site, and other terms of the.proffers. J. Other Impacts: The proposed rezoning will have a positive impact on schools by removal of seven housing units. Flying J estimates its annual contribution to the Frederick County General Fund from sales tax, gross receipts business license fees, property tax on land, buildings, equipment and vehicles, and food tax to be $ 225,000 to $ 275,000. We would anticipate the payment of motor fuels taxes to the state transportation fund of $ 2.5 million to $ 3 million per year. Much of this revenue would be lost to the Common- wealth if our store is not built since we will be located on the state line and will bring revenue to Virginia that would otherwise be generated in another state. Our facility will involve construction expenditures of some $ 4 to 5 million in 1996, using predominately local contractors whereever practical. We will hire 100 local employees upon opening. Flying J is a national company with more than 6000 employees. We provide full benefits including pension and profit sharing funds as well as health insurance. Opportunities for advancement are dramatic in our company, which leads the industry in sales and growth. Flying J Inc operates interstate travel centers in partner- ship with Conoco, a subsidiary of DuPont. We have 85 travel plazas in operation now, with twenty more underconstruction or permitting at this time. The Flying J travel plaza will have a significant positive impact on the motoring public, tax base, and economic resources of Frederick County. EK S4 F5 0 1 Z7 THIS DEED made and dated this )y o f l 1995 by and between BDK, LTD., a Virginia Limited Partnership, herein after referred to as Grantor, and THE RAINBOW GROUP hereinafter referred to as Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with general warranty of title, unto the Grantee, the following described property and appurtenances thereunto belonging: Lot "E": beginning at a stake in the south line of Whitehall Road 1227.6 feet from the Brown lot and corner to lot "D" thence with the same S 16° 15' W. 250 feet to a stake, thence N 73° 45' W 75 a feet to a stake, corner of lot "F" thence with same ' �9 N 16 15 E 250' to a stake, in the South line of Whitehall Road, thence with the same S 73° 45' E 75 feet to the beginning. Q Lot "F": beginning at a stake, in the south line of Whitehall Road v 1302.6 feet from the Brown lot and corner to lot "E" thence with the same S 16° 15' W 250 feet to a stake, thence N 73° 45' W 75 4 feet to a stake, corner of lot "G" thence with same N 16° 15' E q 250' to a stake, in the South line of Whitehall Road, thence with the same S 73° 45' E 75 feet to the beginning. And being the same property conveyed by deed dated and recorded on April 8, 1994 to the Grantor and recorded herein in Deed Book 817 at Page 972. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. The Grantor covenants that Barbara S. Lintecum, Diane S. Kearns and Katherine S. Whitesell are the sole general partners of BDK, LTD., a Virginia Limited Partnership, and that BDK, LTD., a Virginia Limited Partnership has the right to convey said property to the Grantee; that it has done no act to encumber said property; that it will execute such further assurances of title to said property as may be requisite; that it is seized in fee simple of the property conveyed; and that the Grantee shall have quiet possession of said property free from all encumbrances. " The spouses of the general partners endorse this deed only to convey any curtesy ownership rights, =_ they may have acquired. -- X1 6K842PG8.28 WITNESS the following signatures and seals: (SEAL) DIANE S. KE S SEAL BARBARA S. LINTUM STATE OF VIRGINIA AT LARGE�Z--,v7L euro COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this c�/ day of. ` 1995 by Diane S. Kearns who is a General Partner of BDK, LTD. ; My Commission expires X0/4 5 I 167 y Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this day of , 1995 by Arthur Kearns who is the spouse of Diane S. Kearns. J V".-:1 My Commission expires I j / : ; `,: 4 r lop J/v Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this oc 1 1995 by Katherine S. Whitesell who is a General Partner of BDK, LTD. `�• 'd�Nt9��''�o - 06 day My Commission expires fUI%1. i041,x(.1 •� Notary Public '✓ BK842PGO129 ,fE OF VIRGINIA AT LARGE LINTY OF FREDERICK, To -wit: yf The foregoing instrument was acknowledged before me this day oivu,16da 1995 by Douglas Whitesell who is the spouse of Katherine S. Whitesell. My Commission expires MLI!'C 31 IGIOf Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this e—day of ...... 095 by Barbara S. Lintecum who is a General Partner of BDK, LTD. 0 A w C - . v�� My Commission expires Notary Public STATE OF VIRGINIA AT LARGE COUNTY OF FREDERICK, To -wit: The foregoing instrument was acknowledged before me this day of 0--L(A- 1995 by Terry Lintecum who is the spouse of Barbara S. Lintecum. cl My Commission expires 3:'�c o•� R Q Notary Public 11 ���� Vim FREDEPACK 00UNTY, OCT. This insiarusnssrt wrtttas was prod to me on the „;2 day of • 191.E , at : Dom_ snd with rertiflea c.,cknow iodpment thereto annexed wasadmtasd to record. Tax Imposed by Sec. 58.1-812 of �. — And 5A.1-601 have been oatd, It M*%5ablo. �;!orx C1,;840F6'7222 iq Kn THIS DEED made and dated this 13th day of June, 1995, by and between, ROBERT L. SWARTZ and BRENDA M. SWARTZ, his wife, parties of the first part, hereinafter called Grantors, and THE RAINBOW GROUP, a partnership, party of the second part, hereinafter Called Grantee. WITNESSETH: that for and in consideration of Ten Dollars ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, in fee simple, with General Warranty of Title and English Covenants of Title unto the Grantee, together with all rights, rights of way, easements, privileges, and appurtenances the following described real estate: All of that certain lot or parcel of land, containing 18,750 square feet, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate along the Southern side of the White Hall Road, about nine miles North of Winchester, in Stonewall District, Frederick County, Virginia, fronting on said road a distance .of 250 feet, and being the same land that was conveyed to the late Frank Fox and his wife, Ida Fox, with common law right of survivorship, by Norman Peter Ruble, et ux, by deed dated August 14, 1956, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in deed Book No. 243, page 366, and which upon the subsequent death of said Frank Fox on the 29th day of November, 1963 vested in his surviving widow, said Ida Fox, and which upon the death of said Ida Fox, intestate, on the 15th day of April, 1976, descended to her three children, Frank J. Fox, divorced, Virginia I. Broadt, divorced, and Chester D. Fox, who constituted all of her heirs and distributees at law. 14*0 And Being the same property conveyed to Robert L. Swartz and Brenda M. Swartz, his wife, as tenants by the entirety; - -i,� with common law right of survivorship, by Frank J. Fox,.. divorced, Virginia I. Broadt, divorced, and Chester Di. --Fox his and Margaret H. Fox, wife, under Deed dated September' ,Z-3 ` 27, 1976 and recorded October 22, 1976 in Deed Book --465 .at 'J `! � Page 488, among the aforesaid land records of Frederick County, Virginia. j E,X84'0' `30223 Reference is made to the aforesaid instruments and attachments and the references therein contained for a further and more particular description of the conveyed property. This conveyance is made subject to all easements, rights of way and legally enforceable restrictions, covenants and reservations of record, if any, affecting the subject property. WITNESS the following signature and seal: 4 z (SEAL) ROBERT L. SWARTZ ( SEAL ) BRENDA M. SW TZ STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit; The foregoing instrument was acknowledged before me this 13th day of June 1995, by ROBERT L. SWARTZ and BRENDA M. SWARTZ, the Grantors named in the foregoing Deed. Given under my hand this 13t1 day of June, 1995 "'m•"';� •• My commission Expires:12 31 9 VIRGiNK: FssrJEH1CK Cot.ItiTY, SGT, Thiarwrum` a` ntfng was pprQrodu:ed to me on the of ,� iu ne , 19aFM -S3n.+N and witt zee-tKicaia of aaknowiedgmen'• ihorato annexed uveas adr.M4bd to racord. Tax imposed by Sec. 58.1-602 of C) G •ov and 88.1-001 have �been paid, 11 assessable. v Clark 2 Lex. .1 PUBLIC = �-. "�' y M LB:gll 4826-U IUN 1 7 19bi 3�0 #4636 ROBERT A. OWENS, ET UX .TO .. DEED PEN DAY ENTERPRISES, INC. *r ***************************** BK65 1 FG293 THIS DEED made and dated this 18 day of June, 1987, by and between ROBERT A. OWENS and BRENDA S. OWENS, his wife, parties of the first part, hereinafter called the Grantors, and PEN DAY ENTERPRISES, INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple absolute, all of that certain lot or parcel of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, fronting on the Southern boundary line of ^oute 669, containing 17,250 square feet and being more.;particularly described by that certain plat and survey drawn by Lee A. Ebert, C.L.S., dated September 22, 1970, a copy of which is attached hereto and incorporated herein by reference as if set out in full; and being the same property conveyed to the Grantors herein by Deed dated April 23, 1982, from Bobbie Lee White, et ux, of record in the Clerk's Office of the Circuit Court o: Frederick County, Virginia, in Deed Book 546 at Page 685. Reference is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property, '01 eK651PG294 The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: i ROBERT A. OWENS (SEAL) BRENDA S. OWEN(SEAL) STATE OF VIRGINIA, At -Large, City of Winchester , TO -WIT: a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that ROBERT A. OWENS and BRENDA S. OWENS, his wife, whose names are signed to the foregoing Deed dated June 18 1987, have personally appeared before me and acknowledged the same in my State and Jurisdiction aforesaid. Given under my hand this 18 day of June 1987. My Commission expires _ �—�;� 9 - C�C� . CLO c_ ��_C ��rC rQ lc c NOTARY PUBLIC I 2 RT. 669 — 80' R / W 1110" PIN -- INoN PIN PT. •[e,. LM N73'45'W —75.00' iq Q N A C N d M N 14 W 1 STOUT In f N1"OtA (0 Z t—ter - 14.8' - J1n 17.250 SQ.FT. 2 O OK65 1 PG295 Hwv. 640M.- 174. 20' ON..174.20' S7_3'45'E — 75.00'_ IRON PIN IRON PIN --• t - u C� cc v 0 O� W zU MANUEL C. OCHAVEN D.B. 358 — P. 234 The above Plat is a Survey of the Land conveyed to William 0. Rudy by Deed dated 7 May 1964 in Dood Book 299 Paso 210. The said Lnproved Lot fronts the Southern Boundary Lino of Rt. 669, and lies in Stonewall District, Frederick County, Virginias Beginning at an iron pini in the Southern Boundary Lino of Rt. 669, a corner to the Armbreoht Lot, which pin in located by measuring 174.20 ft. Westwardly along the said Line from a concrete hij�lway monument at the intersection of the said Line With the Western Line of tiro Int, 81 Ramp, running with the said Southern Boundary Line N 730 451 W - 75.00 ft. to an iron pin corner to the Fox.Lot; thence with tho'Eastern Line the said Lot 3 160 151 W - 230,00 ft. to an iron pin in the Northern Line of the DeHaven Land; thence with the said.Line 3 730 451 E - 75.00 ft. to an iron pin corner to the said Armbrocht Lot; thence, with the Western Lino of the said Lot N 160 151 E - 230.00 ft. to the beginning. Containing - 17,250 Sq. Ft. Surveyed - - _ September 22, 1970.%- 4LA31HIA rnao�MJCX Cou:lrT, SCr. LEE A. EBERT, 1 T t0°a »� mod 1 m. N» Certified Land Survey, �d' re •lir-�1�. Conan. of Virginia # !! 1.d w�Ih e.I/.1.cw1.. 4 . k—I adgm l Ih.INo ..n....t w" • .dm I ro r a I Tu "P --i u1 8. 5d A 1 d ..d 56.94 h.v. Leen p.4 Ll .»...,�.. 1� i #434 BMB:dhe JACK A. DENNISON ETUX. oZ%G TO :: :: DEED r X83 PEN DAY ENTERPRISES, INC. ******************************* H�cr 5.55 OtE 825 THIS DEED made and dated this 25th day of February, 1983, by and between JACK A. DENNISON and EVELYN DENNISON, his wife, parties of the first part, hereinafter called the Grantors, and PEN DAY ENTERPRISES, INC., a Virginia Corporation, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valu- able consideration „the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, in fee simple absolute, all of those cer- tain lots or parcels of land, lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, on the South side of Virginia Secondary Highway No. 669, and more particularly described as follows: PARCEL ONE: All of that certain tract or parcel of land, containing .35 Acre, together with all improvements and appurtenances there- unto belonging, and designated "Verona Whitlock 0.35 Acre" on that certain plat drawn by H. Bruce Edens, C. L. S., of record in the Office of the Clerk of the Circuit Cjurt of Frederick County, Virginia in Deed Book 474 at Page 183 and by this reference made a part hereof as if set out in full; PARCEL TWO: All of that certain tract or parcel of land, containing .39 Acre, together with all improvements and appurtenances thereunto belong- ing, and designated "Carrie V. Wyker 0.39 Acre" on the aforesaid plat; and, PARCEL THREE: All of that certain tract or parcel of land, containing .39 Acre, together with all improvements and appurtenances thereunto belong- ing, and designated "Margaret E. Armbrecht 0.39 Acre" on the aforesaid plat; and being the same real estate conveyed to Jack A. Dennison by deed dated May 18, 1977, from Margaret E. Armbrecht, et al, of record in the aforesaid Clerk's Office in Deed Book 474 at Page 178. Reference is made to the aforesaid plat and deed for a more particular description of the property herein conveyed. 1 O� kU U j. 826 b00K ,;5F3 mE 826 This conveyance is- made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantors do hereby covenant that they have the right to convey to the Granteer that the Grantee shall have quiet and Peaceable possession of the said property, free from all liens and encumbrances= and they will grarit such further assurances of title as may be requisite. WITNESS the following signatures and seals: t S L) • - AACZA.DINI�S&ONN i' (SEAL) LVLLYW DENNISON STATE OF VIRGINIA, �OF , TO -WIT: I, , a Notary Public in and for the Stat nd ��_� aforesaid, do hereby certify that JACK A. DENNISON, whose name is signed to the foregoing Dee4, dated February 25, 1983, has personally appeared before me.gnflp�', acknowledged the same in my State and , foresatd•� ��,� '•,��' Given under my hand this ? day of tr.rr 19 iq My Commission expires �% 3_ a�` �• ��'� Nfl ARY PUBLIC STATE OFU 1Z v i%- , OF , TO -WIT: I, , a Notary Public in and for the State and aforesaid, do hereby certify that EVELYN DENNISON, whose name is signed to the foregoing Deed, dated February 25, 1983, has personally appeared before me and acknowl- edged the same in my State and �,. aforesaid. Given under my han13 this day of -Lt-o--1 / 1983. My Commission expires �- 3 —t'� (NOTARIAL SEAL) RY PPLI c,• •i 3i.�.A id'j _i..0 CJJ.11Y, SCr. T. is instn:ment of writing wat produced to me on the �+ 1 �{aL d_y of y'Y�190' at It 50 ,ad with certi:icafe of acknowladgnrent thereto annexed was draitV to nicord. Tax unposed dy Sec. 58• 4.1 of '`J , a=d 53S4 have been paid, if a3sessable• t 't i �• Clerk BOOK iii Mg ao THIS DEED, made and dated this .'L day of �yE 1965, by and be Luther H. Combs and Patricia A. Combs, his wife, hereinafter called the Grantors, and William M. Young and Venna M. Young, his wife, hereinafter called the Grantees. WITNESSETH: That in consideration of the sum of 'ren Dollars ($10.00) and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and convey, with general warranty of title, unto the Grantee in fee simple, jointly, as tenants by the entirety with the common law right of survivorship, the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforceable restrictions of record affecting such realty: All of that certain lot or parcel of land situate in Stonewall Magisterial District, Frederick County, Virginia, fronting 60 feet on the South side of the White Hall Road and a depth of.25O feet, adjoining other property which is to be conveyed to the Grantees by the Grantors by deed bearing even date herewith and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, immediately following this deed. This is the same realty which was conveyed to the Grantors by Thomas D. Cather and wife by deed dated May 29, 1963, and recorded in the aforesaid Clerk's Office immediately preceding and contemporaneously with this deed. The Grantors covenant that they have the right to onvey the within described property; that the same is free from LI lien encumbrances; and that they will forever warrant id defend the title thereto. — i aom 311 "a 221 I WITNESS the following signatures and seals: (SEAL) II 'Luther H. Combs CSFAL) Patricia A. Combs STATE OF VIRGINIA, COUNTY OF FREDERICK, To-wit: nn n I, j6j)..Ej_:,_, a Notary Public in and for the State and County aforesaid, do hereby certify that Luther H. Combs and Patricia A. Combs, his wife, whose names are signed to the foregoing deed, bearing date the �_ day of , 1965, have acknowledged the same before me in my State and County aforesaid. Given under my hand this _ day of 1965. My commission expires „ 4 IDr 19 G g Notary Public VIRCLMA FREDERICK COUi- Y, SCT. This wri inp was pmduc.d to m. an that -day of 5 .and wwitho.r{Ificat. o d dg .r.b .d wwasd b recd. nm .r us aiR wwr — 2 151 +� MM H. COMB9, ET UX DEm • LLL4M M. YOUNG ET UX *1F/F JI /f ii *iF M iM *i1 *iF�MiFM*iFiF**iFiFl�iFiF1FIF 11 iF eornc 311 vat 212•. THIS DEED, made and dated this a day of _ 1965, by and between Luther H. Combs and Patricia A. Combs, his wife, hereinafter called the Grantors, and William M. Young and Venna M. Young, his wife, hereinafter called the Grantees. WITNESSETH: That in consideration of the sum of Ten Dollars ($10.00) and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors hereby grant, sell and convey, with general warranty of title, unto the Grantees in fee simple, jointly, as tenants by the lentirety with the common law right of survivorship, the following real estate, together with all improvements and appurtenances thereto belonging and subject to all easements and legally enforce able restrictions of record affecting such realty: All of that certain lot or parcel of land situate in Stonewall Magisterial District, Frederick County, Virginia, on the South side of the White Hall Road, fronting on the South side of the White Hall Road.a distance of 63 feet and extending back in a Southernly direction along its Eastern boundary line a distance of 250 feet and along its Westernly boundary line a distance of 250.05 feet, with a width along its Southern boundary of 68.3 feet. This is the same realty which was conveyed to the Grantors by James Price and Evalene Price, his wife, by deed dated April 14, 1961, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 269, at Page 536. The Grantors covenant that they have the right to convey the within described property; that the same is free from all liens and encumbrances; and that they will forever warrant;r• and defend the title thereto. F Boon 311 pw 213 WITNESS the following signatures and seals: Luther H. Combs . 0 . ��riYK41i (SEAL) Patricia A. Combs STATE OF VIRGINIA, COUNTY OF FREDERICK, To -wit: n0 I, a Notary Public in and for the State and County aforesaid, do hereby certify that Luther H. Combs and Patricia A. Combs, his wife, whose names are signed to the foregoing deed, bearing date the _.day of L I k , ill 1965, have acknowledged the same before me in my State and County aforesaid. Given under my hand this day of AAA 1965. My commission expires /1) 0 Notary Public VIRGINIA PREDER!CK COUNTY, SCT. ?1� `00 iti^9 wos Woduced to me on the O�� doy of g 4 t'oed with uryf: of of a wludb reQ /7 % ,, � 9�L+hereb xed wa: admitted K&59K AN fMAxe II &WOMM Al LAW WM=C"M wo"MY P/C Review Date: 10/04/95: REZONING APPLICATION #005-95 JAMES T. WILSON To Rezone 2.99 Acres From B1 (Neighborhood Business) To B2 (Business General) LOCATION: This property is located on the east side of Aylor Road (Route 647) just north of the McDonalds. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 74B -5-C, 74-A-104, 74-A-105 PROPERTY ZONING & PRESENT USE: Zoned B 1 (Neighborhood Business); Land Use: vacant, former daycare, and car wash. ADJOINING PROPERTY ZONING & PRESENT USE: B1 (Neighborhood Business); Land Use: business; RP (Residential Performance); Land Use: residential PROPOSED USE: Restaurant, car wash, ice cream or vegetable stand REVIEW EVALUATIONS: Virginia Dent. of Transportation: No objection to the rezoning of these parcels. Prior to further development entrance improvements in accordance with VDOT minimum commercial design standards will be required to allow for safe egress and ingress of the properties. Before development we will require a complete set of site plans detailing entrance designs, drainage features and trip generation data from the ITE Manual, 5th Edition for review. Any work performed on the State's right-of-way must be covered under a Land Use Permit. Fire Marshal: The uses allowed in B2 Zones, compard to uses in the B1 Zones, will not significantly effect Fire and Rescue operations or resources. Page 2 Flying J. Inc. Rezoning #004-95 Stephens City: Traffic impacts are a concern because the Route 647 intersection is too close to Interstate 81 and needs to be relocated. County Attorney_ Proffers appear to be in proper form. County Engineer: We do not have any comments concerning the proposed rezoning. Planning & Zoning: Location: The property is located within the Urban Development Area and very near an interstate interchange. The property to the north and south of each of the parcels is currently zoned B-1 (Neighborhood Business). Site Suitability: Two of the parcels have already been developed under B-1 Zoning, the third parcel seems equally suited for business use. There are no environmental features, as defined by the zoning ordinance, present on the parcels. Potential Impacts: As the parcels are already zoned for Neighborhood Business the change to General Business uses would not be expected to create a great number of negative impacts. There are however a few uses within the B-2 Zone which may not be appropriate for these parcels given their proximity to residential development to the rear of the parcels. (Such as self service storage facilities and automobile dealerships or gasoline service stations) The applicant has not proffered out any allowed uses, but has proffered to fund the projected impact to the local Fire and Rescue Company at the time a building permit is issued. Staff has concern over the wording of the proffer. The proffer states that the property will be developed in accordance with the conditions of the proffer "except to the extent that the terms and conditions may be subsequently amended or revised by the applicant." Staff feels that any revision to the proffer should be conditioned upon the approval of the Board of Supervisors. STAFF RECOMMENDATION FOR 10\04\95 PC MEETING: Denial based on insuffieieiTt REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. (Zoning Amendment N mbe Date Received"1 BOS Hearing Date PC Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name: _ VA l-t✓c= LI 12 i 1>, t'I V rc w,. Address: Telephone: �-- go zu 2. Representative: Name:— ) i'`1 ��, Sc Telephone:__ _ - scxo ,. 3. Owner: Name:jq,-yj a Address: c, c C, L Grp -C � Telephone: /�- f - � c z L) 12 The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Vr' 4. Zoning Change: It is requested that the zoning of the property be changed from - 1 _ to ` 2- 5. 5. Current Use of the Property: �Cq Ic.. CO i fir, : it �Z. La C Loi Lu4 6. Adjoining Property: PARCEL ID NUMBER USE ZONING 143 OCO Ud ! OU 0 (f��'�^m�rr i� IS `i 748 QCO !jZQ 1,50 7> Q C0rnmefL+ '7 '16 0 ICJ 0 ? 4 r3 coo -i cc 2-a ' -74900c -7oc 20 1 7C- � -E --4 J70 74e, c;;c 7c zo 23c sed -I- L1146Cie O 7co ZU��[7Q ZeSici.r- 'S -'.J" 4P 7. Location: The proper y is located at (give exact focation based on nearest road and distance from nearest intersection, using road names and route numbers): 01.11 ' 1 L.1-- h+ �F i7C ✓C� i f LC TCi �l ''TC-eA r i t ; �> a?.� 9 P f.I.7,:?'.lrl"•l— r1 } �� Lu t ' 13 g. Parcel identification: ?4 9 Y"" `' O `COQ C- Q ° L,.+ q L 14 Digit Tax Parcel NumbaEj ��oo l oy y , ' 9. Magisterial District: 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: �-qq Acres The area of each portion to be rezoned to different zoning district category should be noted: Acres Rezoned from L5- to -Z Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: V v Conveyed from: -sf 4� Lu C, fi J", �'�_+�. A 17 - LIP -k TLIPk C, Deed Book Number -7-714 Pages I i Z zer 12. Proposed Use: It is proposed that the property will be put to the following uses. yo{ Ik r L -e •I- � � 13. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property Statement verifying taxes paid Agency Comments Fees ✓ Impact Analysis Statement Proffer Statement 14 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick Cour;ty Board of Supervisors to amend the mooning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) 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. • t-� Applicant: (�► Owner: 1r1 �`E'L+N reSi�P Date: 15 INFORMATION TO BE SUBMITTED FOR CAPITAL FACILITIES IMPACT MODEL In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 8 of the application package. The following information should be provided regardless of the type of rezoning: Fire Service District: Rescue Service District: Total Proposed Non -Residential Lots/Buildings: The following information should be provided with any residential rezoning: Elementary School District: Middle School District: High School District: Number of Single Family Dwellings Proposed: Number of Townhouse Dwellings Proposed: Number of Multi -Family Dwellings Proposed: Number of Mobile Home Units Proposed: The following information should be provided with any commercial/industrial rezoning or with a residentiaUcommercial (P.U.D.) rezoning: Gross Office Square Footage: Retail Square Footage: Restaurant Square Footage: Service Station Square Footage: Manufacturing Square Footage: Warehouse Square Footage: Hotel Rooms: 16 i ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 -digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. ame Address and Property Identification 1. -1!::l 1 ze- Address: I q cq Property ID: 746 000 S O d 1 C08c c: Address: X470 (zl� l,l' ...Ct eSL/A Property ID: '7,1 -8 000 5'CO 100 b© 3.�t�lic lr /l1. Cdr�flG! Address: 1C'.c' j�o u �,. L'z✓cLP Property ID: -74 6 Coo 5'-C' f) 1 C LS o . L Address: t Property ID: -7 y r3 000 00 ---U ZiaD . Address: 5 35 S ,Vc o:e 11A 2_2 637 -'7 Property ID: c{ g 00o 7 Z 0 Z70 l D l • r n 2 S I �. r �oP SI Address: /v? j o b 5 f Mhz.►+ s (��,J� V:1 Property ID: -74 1 00o -7 vd Z e z- • er Address: [Es Cr` -(c SJ, P- keo C::� V 2LE•s� Property ID: -7 O G 7 00 Z 0 L o 8. U i y SSes Do ro+& j Address: I � � �� � .. w�� c i "Je✓ Carr Property VA 22433 - -714 -2- ID: R cavo 7 00 0 3 0 9. Address: Property ID: 17 AMENDMENT ACTION: PLANNING COMMISSION: October 4, 1995 BOARD OF SUPERVISORS: AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #005-95 of JAMES T. WILSON WHEREAS, Rezoning Application #005-95 of James T. Wilson was submitted to rezone 2.99 acres, located on the east side of Aylor Road (Route 647) and designated with PINS 7413-5-C, 74-A-104, 74-A-105 in the Opequon Magisterial District, from 131 (Neighborhood Business) to B2 (Business General); and, WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on October 4, 1995; and, WHEREAS, the Board of Supervisors held a public hearing on this rezoning on ; and finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.99 acres, designated by PINS 74B -5-C, 74-A-104, 74-A- 105, from B1 (Neighborhood Business) to B2 (Business General) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: REZONING REQUEST PROFFER VALLEY REDI-MIX COMPANY, INC./JA-MES T. WILSON/JAMES EMMART, owners Restaurant (1)/Car Wash (2)/Temporary Ice Cream Stand (3) Route 647 ❖ Taylor Road O Opequon District* Tax parcel (1)74B -5-C (2)74-A-104 (3)74-A-105 Preliminary Matters Pursuant to Section -15.1 - 49.1 et. sea., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # O.6 - 76 for the rezoning of 2.99 acres from B-1 Neighborhood Business Zoning District to B-2 Business General Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. Monetary Contribution of Development The undersigned hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 2.99 acres lying on the east side of Route 647 (Taylor Road) in the Opequon Magisterial District of Frederick County, Virginia from B-1 to B-2, the undersigned will pay to Frederick County, at the time a building permit is issued, the sum of Five Hundred Fifty dollars ($550) for Fire and Rescue Emergency Services Costs. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and owner. In the event the Frederick County Board of supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, If James T. 1 Wilson Valley Re i- x ompany, Inc. ate:�. cf `� ames Emmart STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of September, 1995, by"_'J ;;��_, My commission expires Not"blic This ordinance shall be in effect upon its passage. Passed this Richard G. Dick Chairman day of , 1995. W. Harrington Smith, Jr. Jimmie K. Ellington James L. Longerbeam Charles W. Orndoff, Sr. Robert M. Sager A Copy Attest John R. Riley, Jr. Frederick County Administrator Impact Analysis Statement for Valley Redi-Mix Company, James T. Wilson, James Emmart Summary This document is prepared in support of and in preparation to rezone 2.99 acres of property of Valley Redi-Mix Company Inc., James T. Wilson, and James Emmart from Neighborhood Business (B-1) to Business General (B-2). Introduction The 2.99 acre portion of the properties of Valley Redi-Mix Company, Inc., (1) Lot C, .57 acres, James T. Wilson, (2) Lot E, .98 acres and James Emmart, (3) Lot F, 1.44 acres is located on the east side of Route 647 north of McDonald's of Stephens City. Lot C is currently a vacated building, which was the old Sunrise Daycare. Lot E is currently Stephens City Car Wash and Lot F is a vacant lot. The parcels are identified as tax parcel (1) 7413-5-C (2) 74-A-104 (3) 74-A-105 in the Opequon Magisterial District and are currently zoned Neighborhood Business (B-1). Planning Analysis Site Suitability - The property has no site specific development limiting factors. The property appears well suited for B-2 zoning use development based on the fact that the property has already been developed under B-1 zoning. Ponds and Lakes - There are no ponds or lakes on the property. Flood Plain - The property is not located within the 100 year HUD designated flood plain as identified in the Frederick County Comprehensive Plan and panel map number 5100630 200B Zone C of the United Stated Department of Housing and Urban Development Flood Boundary map. Adjoining Properties - Development impacts are slight on adjacent properties. The primary impact concern on adjoining properties is the change of use from B-1 to B-2 allows for more square footage used in retail use from 13068 to 21361. The impact of the allowed uses on the surrounding areas is reduced through the existing zoning and planning, distance, setback, buffer, landscaping and screening regulations. The adjoining property to the West is Route 647 and Interstate 81. To the East is land zoned residential. To the north and south the properties are zoned B-1. Zoning Review - The property is currently zoned Business (B-1) allowing by right a variety of business uses. IV. Traffic Impacts Traffic impacts are negligible for this property. Impacts of vehicular access and turning movements on the adjoining properties is slight considering the property fronts on the north bound lane of Rout 647 (Aylor Road). V. Sewage Conveyance and Treatment Impacts There are no sewage conveyance or treatment problems associated with this project. Sewage service to this site is provided by Frederick County Sanitation Authority via an 8" sanitary sewer line located at the rear of the property. VI. Water Supply Impacts There are no water supply or transmission problems with this property. Water service is under the Frederick County Sanitation Authority. VII. Drainage Facility Impacts Storm water drains are already installed on the properties. VIII. Solid Waste There are no solid waste collection and disposal impacts. Commercial private haulers will provide removal to the regional landfill. IX. Historic Impacts There are no structures currently located on this property of significance. A review of the National Register, The Virginia Landmarks Register and The Frederick County Comprehensive Plan indicated that there are no known historic structures on this property, X. Community Facilities Education - This project will generate no school children and therefore have no effect on educational costs in Frederick County. Parks and Recreation - This project would result in no impact on Parks and Recreation facilities. Emergency Services Cost - There are no additional fire, rescue or sheriff facilities anticipated with the development of the property using B-2 type uses. Fire protection is available from the Stephens City Volunteer Fire and Rescue Company. The planned B-2 rezoning will have all required site development standards required by the fire code, building code and zoning codes. There are no fire protection problems associated with this property. Rescue services are provided by the Stephens City Volunteer Fire and Rescue Company, Sheriff Department services protection will be required by this facility. Routine patrols of the area should suffice for the majority of time. XI. Environmental Impacts There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. XII. Fiscal Impacts Fiscal impacts for the property are determined based upon the fiscal impact model prepared by the Frederick County Department of Planning and Development staff. The fiscal impact model results are attached in the appendix of this report. � 1 tl 86S The model suggests that there is a net positive fiscal impact credit of $456;860 by rezoning from B-1 to B-2. Capital Costs not covered by County contributions to fire and rescue is suggested by the model to be $550. XIII. Other This planned zoning change would create a positive fiscal impact as compared to the existing zoning. There are no known other impacts. AUG- 3-94 WED 1U;13 6 K _�FF10E 5UFFLY FAX NO, 7036621632 F,05 �90 VA. ROUTE 647 CONC. cv5�_CJFIO` 6� O /—PT.. BEG. — 199.08' TO HAWioN 00' 36" W - 100.00' STREET / SIGNI ARC 100.00' O R 11,702.96' 41.3' )- ASPHALT PAVEMENT z w 0—IRON FIN IFOUNC) w LD i M J --;RCN PIN (SET) a H U. D FLOOD ZONE C: F- A,REA C= MINI'dAL FLOOOWG, z Li BRICK 8 FRAME :E BVILCING Q b) a w r r� n w H- s Li _, 0. m 4: Li '� - a 00 00 U)) O s W O Lu z O N j °- 0 O )C) oz N �} r I ASPHALT PAVEMENT a W � : aD h 0 O u7 a Z U) N 24;9(52 SQ, FT. 2C SCwCR Raw :0' SEWER RiW 6 OR 6- SASIIiARY SE)%ER VA:N FER FNF,O. CO. SA'.iW1vN AUTH. DATA C.B. SE2 - P. 6n7 TCL. 20. 362 - P. C47 0 / E D Li i 4 � F Q N N w w C F Nz in w N Z O O J OVA N3300'36"E-100.00' J V) J V) 2 I 0.. i ILOT 26 SECTION 2 PLYN4N O'NEN ESTATES THIS IS TO CIRT,FY THAT ON VAPCH 9, 1952, I MADE A'N ACCL?,:_ E SU'wcY OF THE FREM'SE5 SHOWN HZRECN AND THA" �V THERE ARE NO EasE,vEN'TS CR EN:RCACH- J' ��' MENTS V131ELE C.N ThE GROUND OTHER z, r/• THAN THOS: SHOWN HCREON. 3 LEY F1,30i ; TITLE REPORT NOT F,;RNIS1e_D. THIS SURVEY IS SUBJECT TO ANY FACTS THAT MICHT BE C'SCL03E0 By A FULL AND (LICErI;F) rlO. ACCURATE TITLE SEARCH. i 1�T l•�� 1'h cURV`;l vrr+uL aur%l NIA IVU. WJ00410JG r,uo •i H774FG1615 The accompanying Plat represents a Boundary Su17+•y of t li Land conveyed to Central Fidelity Bank by Deed date) .16 Aptil 1982 in Deed Book 547, Page 537. The said Improved Land ttunt_: the Southeastern Boundary Line of Va. Route G47, and in Opeguon District, Frederick County, Virginia: Be;inning at an iron pin (set) in the Southeastern Line of Va. Route 647, a corner to Lot B, Plymn Owen Estate:;; t.hence with the said Line, with the Arc Lind 100.00 tt. (Cli(,-rd S 13' 00' 36" W - 100.00 ft., Radius 11,707.95 tt.) to an iroii pin (found), a corner to Lot D, Plymn Owen Estates; tl,r.n:-P with the Northeastern Line of the said Land and the r(ott.l,vaoteui Line of Let 27, Section 2, Plynin Ower► hst3tes, ^j :4 0;' 1.7" F. - 250.00 ft. to an iron pin (found), a corner to Lcl Section 2, Plymn Owen Estates; thence with the N'-•ttt. i?.-;tFrn Line of the said Land, N 33- 00' 36" r: • 100.00 1 t . 1 c .ui , —1 - pin (found) in the Southwestern Lina of Lot 25, Flymr, C-Itl, Estates; thence with the ::aid Line avid lthv ."-urlLw�•st•_ru t.i:+e of the said Lot B, N 54' 08' 17" h H , lej lh•- beginning. Containing: 24,962 Sy. Ft. Surveyed: 9 M31ch 1992 �,+�pLPll L AL�ALEVI _ A1&;. EAER (LICENSE) No, 1498 r�r7 Sr)RVti� VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on the and with certificate ol acknowledgment thero;o annoyed was admitted to record. Tax impcwJ by S:c. 55•:4.1 cf �0. ooand 58-53 have /been r,ai,i , If 6ssessable. CLERK AM v174 `ppD 0 T N E R Tho above plat is a Survey of a Portion of the Land oonvoyed to Mary Evelyn Stiakloy by Dead dated 21 September 1939 in Dead Book 179 page 201 The said Land fronts the Eaotorn Boundary Linos of Rt. 647, Just Korth of Rt. 277, and lioe in Opoquon Distriot, Fredoriok County, Virginiat Lot nn - 0.98 Acres: Beginning at an iron pin in the Eastern Bound. ary Lino (Ara Lino) of Rt. 617, a cornor to Lot D - Plymn Oxen Estatpd - running with the said Are Lino 192.65 ft. (Chord Line S 3110 121 29" K - 192.64 ft.) to an iron pin corner to Lot F; thence with the Northern Line of the acid Lot S 670 34, 117e E - 290,87 ft. to an iron pin in the weatorn Lino of the Rotainod portion; thonco with the amid Lino N 160 43' 36" E - 132.25 ft* to an iron pin corner to the amid Lot D; thonoo with the Southt Lino of the acid Lot A 540 o8v 17" W - 244-98 ft* to the beginning. • n.� . u Allo C% _1 cn thn Pict is •the 20.0 Ft. •Sanitary Sower Line R/tr somas Lot or, 0 Survoycd - - August I0, 1970. LIM A. EBERT, AGL�iL4 Z FRF.DEc3lCK COU:vTY, SCT- Certified Land Surve or, C 0.M1. of Virginia 8i1 ^fivrcont o writing vas prxiuced to me o -i t", • :. . rtlicat•_ of ac'r.nowl.dgn"M thereto annn3 )1 io 'o:d. Tar, unposed av S -c is- i.: A and --3-54 have been p.+id, it a iv s : Il �i✓(�' '�'�/�% ��_:�. a^^r M3 ���E 'I C-36 �o� •�M - Ney R O I , 7',F • V woN r ® I i 6 f :N tN Pr 3 °T oio'%„ 342, o 3 4RC.2.64' �r = •iry • �% CD Ln NM 0 4 u 3 nr �' o r00 C d W C F Q z v Y PC YA, M u _ yYF ~ e � N " / o S�wER` ! BgCTlO STATES y 1.44 Ar_- IN 132.25' - 01 AM v174 `ppD 0 T N E R Tho above plat is a Survey of a Portion of the Land oonvoyed to Mary Evelyn Stiakloy by Dead dated 21 September 1939 in Dead Book 179 page 201 The said Land fronts the Eaotorn Boundary Linos of Rt. 647, Just Korth of Rt. 277, and lioe in Opoquon Distriot, Fredoriok County, Virginiat Lot nn - 0.98 Acres: Beginning at an iron pin in the Eastern Bound. ary Lino (Ara Lino) of Rt. 617, a cornor to Lot D - Plymn Oxen Estatpd - running with the said Are Lino 192.65 ft. (Chord Line S 3110 121 29" K - 192.64 ft.) to an iron pin corner to Lot F; thence with the Northern Line of the acid Lot S 670 34, 117e E - 290,87 ft. to an iron pin in the weatorn Lino of the Rotainod portion; thonco with the amid Lino N 160 43' 36" E - 132.25 ft* to an iron pin corner to the amid Lot D; thonoo with the Southt Lino of the acid Lot A 540 o8v 17" W - 244-98 ft* to the beginning. • n.� . u Allo C% _1 cn thn Pict is •the 20.0 Ft. •Sanitary Sower Line R/tr somas Lot or, 0 Survoycd - - August I0, 1970. LIM A. EBERT, AGL�iL4 Z FRF.DEc3lCK COU:vTY, SCT- Certified Land Surve or, C 0.M1. of Virginia 8i1 ^fivrcont o writing vas prxiuced to me o -i t", • :. . rtlicat•_ of ac'r.nowl.dgn"M thereto annn3 )1 io 'o:d. Tar, unposed av S -c is- i.: A and --3-54 have been p.+id, it a iv s : Il �i✓(�' '�'�/�% ��_:�. T1_1E 1 6 2 ` P w N y O v rE BQiiK7 FAGf 647 Ul $ v jja Ip 1RO 0 8 ,°'n3 All j� ARC 641 or. pI,. 7 s r w 2. gs. 3• i I` :W a V 1/C 0. 9� ON !W- OI p V ?O p`rMN` • • vW�N n F" C r1ON �rES �, V1 4 AC. N 16-43 36" I d 1.4 132.25' ,,woN^ 1 J` N16043'36"E- 196.90 iaoN P'N IRON P1N PIN p'f N ER s „S � -" Th above plat Is a Survey of a portion of the Land conveyed to Mary Evelyn StlOkley by Deed dated 21 Septomber 1939 in Deed Book 179 Pace 201, The saiLand fronts the Eastern Boundary Linea of Rt, 647, just North of Rt, 277J and lies in Opoquon District, Frederick County, Virginia= 0.98 Acres: Beginning at an iron pin in the Eastern Bound- ary Line (Arc Line) of Rt. 647, a corner to Lot D .. Plymn Owen Estatpd •. Mining I ith the Said Are Line 192.65 ft, (Chord Line S 340 12, 29+, W _ 192.64 rt.) to an iron pin corner to Lot F; thonce with the Northern Line Of the si id Lot S 670 34, 47" E - 290.87 f to to an iron pin in the Western Line Of Ithe Retained Portion; thence with the said Line N 160 431 36" is 132.25 f to to an iron pin corner to the said Lot D; thenco with the Southe Line of the said 51} 08► 17J� Lot N ° rn W _ 21,1.98 ft, to the beginning, Lot ^F^ .. 1.10 Acres: Beginning at an iron pin in the Eastern Bound- ary Linal(Are Line) of Rt. 647, a corner to Lot E; running with the two following Eastern Boundary Linea, with the Arc Lane 47,41 ft, (Chord Line 8 350 171 43^ W - 47.141 fto) to a concrete highway nonumont; thence with the Arc ine 152*59 fto (Chord Line S 330 231 �3^ W - 152,58 fto) to an Iron pin corner to the Texaco, Ina. Lands thence with the Northern Line of the said lLand S 670 311 47^ E - 350.00 ft. to a n iron pin in the Western Line of the Retained portion; thence with the said Line N 16° 43� 6n � 3 E- 196.90 ft, to an iron pin corner to Lot E; thence with the Southern Line of the said t N 670 341 47" W _ 290.87 ft. to the beginning, Also Lt on the Plat is the 20,0 Ft. Sanitary Sewer Line R�W Lot "E^. across Surveyed - August 10, 1970. LIEF A. EBERT, 1JIRGT`iA FREr)ERICK CONY S,`T Certified Land Survo�por rnnrrn_ ,.�^ ,r,....a_,_ ,i o.., ' 2,'-7; I (1 Cb ! - THIS DEED made and dated this day of August, 1994, by 1 and between DOROTHY L. LOCK, Widow, of the one part, hereinafter called the Grantor, and VALLEY REDI-MIX CO., INC., a Virginia Corporation, of the second part, hereinafter called 0 -K- 4J a) %-0 N the Grantee. 9 $4 W b WITNESSETH: That for and in consideration of the sum of Q c � Ten ($10.00) -Dollars, and other good and valuable consideration, �'�, p > receipt of which is hereby acknowledged, the Grantors do hereby vj 4 � grant and convey, with general warranty and English covenants of o N title, unto the Grantee, in fee simple, all of the following 0 U ,a) v o � realty: rn -4 3 All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate along the East side of U) U) Route 647, in Opequon Magisterial District, Frederick County, Virginia, containing 0.57 A Acre,more particularly described by plat and n survey drawn by L. Allen Ebert, Land Surveyor, dated March 9, 1992, attached hereto and by this reference made a part hereof, w w F' and being the same property conveyed to B. L. Lock and Dorothy 2 L. Lock, husband and wife, as tenants by the entireties, with right of survivorship, (the said B. L. Lock is now deceased and the property passed to his wife under the survivorship clause of said deed) by deed dated March 17, 1992, from Central Fidelity Bank, a Virginia State Chartered Banking Corporation, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 774, Page 1612. Reference is made to the aforeaaid plat, deed and the IDERSON references therein. contained for a further and more particular J LAW 'IRG'"'A description of the property herein conveyed. This convey nce is oad Osubject to all duly recorded and enforceable restrictions, easements and rights of way. WITNESS the following signature and seal: 191 STATE OF VIRGINIA: COUNTY OF FREDERICK: (SEAL) The foregoing instrument was acknowledged before me this i ::� day of August, 1994 by DOROTHY L. LOCK, Widow. My commission expires 11 J I /I . O .. NO RY PUB IC F. ANDERSON 7RNEYAT LAW I ESTER, VIRGINIA . : THIS DEEB AND DEED OF 1a88uMpTioN, made and dated this ioth day Of December, 1992, by and between V. FRANK DEHAVEN and JAMES T. wji�soN, Partners, trading as DtKftVEN AND WILSON N 8 S, a Virginia General Partnership, parties of the first part, hereinafter called the Grantors; and JAMES T= WILSON _ r. � �- and JESSIE S. WILSON, husband and wife, parties of the second X C4 part, hereinafter called the Grantees; and MARSHA A. D£]3AVEN A ;r C •`�, °i (who is one and the Same person as i1Ai1SHA D. IiEHAVEN) , Party of the third part; and JESSIE S. WILSON, Party of the fourth part; P. u o and PiitBT AMERICAN BANK OF VIRGINIA, Beneficiary, Party of the LA fifth part. m w WETYESSETH: That for and in consideration Of the sum iii +un of Ten Dollars ($10.00), cash in hand paid, and other good and r„ z m H r+ w U valuable consideration, the receipt of all of which is hereby acknowledged, the Granto�Cs do hereby grant, bargain, sell and convey with general warranty of title, unto the Grantees, in fee L.right Sipple, jointly, as tenants by the entireties, with common law of survivorship, it being intended that the part of the one dying should thea belong to the other, his or her heirs or assigns, the ,following property and appurtenances thereunto belonging; All that certain lot of land, together with the all rights, rights of way, privileges and appurtenances thereto belonging, lying and being situate in Opequon Magisterial District, Frederick County, Virginia, �s designated as Lot "Ell on the plat and survey of Lee A. Ebert, C.L.S., dated August 10, 1970, attached to that certain Deed dated October 7, 1971 and recorded in the Clerk's Office of the Circuit court of Frederick County, Virginia, in Deed Hook 383 at Page 464; and being the same property conveyed to V. Frank DeHaven and James T. Wilson, t/a DeHaven and Wilson Enterprises, a Virginia General Partnership, by Creed dated January 29, 1941, from W.H. Emmart b Son, Inc.; a Virginia Corporation, and recorded in the aforesaid Clerk's Office In Deed gook 755 at Page 1225. Reference is here made to the aforesaid instruments IIand the attachments and the references therein contained for a CnMMONWEA ,` H of VIRC NIA DEPARTMENT OF ENVIRONMENTAL QUALITY Peter W. Schmidt Director Mr. Joseph Edmiston 478 Round Hill Road Winchester, VA 22602 116 N. Main Street P. O. Box 268 Bridgewater, Virginia 22812 (703) 8282595 July 26, 1995 Re: Animal Waste Permits to Operate Dog Kennels. Dear Mr. Edmiston: R. Bradley Chewning Regional Director Thank you for your letter dated July 21, 1995 concerning animal waste permits for dog kennels. A Virginia Pollution Abatement Permit is required if more than 300 animal units are housed at your facilities and you generate a liquid waste. Since you will have only an estimated maximum of 3.0 animal units on site and your animal waste will be maintained as a dry waste, no permit is needed at this time. I encourage you to use only a minimum amount of cleanup water to wash your runs. Should any type of discharge ever occur to State Waters from your facilities, it would be considered a violation of Federal and State laws. Should you have questions, please call me. Sincerely, Dwight M. Sours Regulatory Services Engineer c: File 3 e rr�te_ e`�O= se 3 Z° C , I 34 a 17 16 34 a 19B 19A 2 ple. C r Sea 21 39 23 33 32 29 �C �e 31 ?99 t 8E CQA A 39B O 3018A 18D \P C7�P L 37A50 t. 50 korMw /iV 37 25 D 15 Pxa F 18 �y"� 186 46 •�a5' 4 '1.$ � 54 47 X10 _ s e 14 Z6 15q 53 45 Roos ..29A 19 3 e rr�te_ e`�O= se 24 19A 24A � U..e o ew.�e a 39F 39D '+b� 5 v' Y23A 39 23 55 39E �e A 39B 39C 5� 0 2� L� 21 40 39A' 6 , 9� 55 $ 'a0 46 •�a5' 4 '1.$ � 54 47 X10 mow T� 14 Z6 15q 53 45 Roos ..29A 43 15 42 44 41 y o -a 40� 43 Qm 38 Ory 55 R 38 35 Y 44 22A 2 36 37 �L�o ; Rt, 7 07 3 4 .707 0 5 �O 6 54 7 fir: of 59 58 tw :a n 60 s Submittal Deadline C/ /' �1 P/C Meeting Iola BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: 05 W , ADDRESS: TELEPHONE 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) J, -90 4,-k 622 b",? 5-� /V , 65 /�7, /,5r��/ 6� -7a1 /5���' nn Xc 4 4. The property has a road frontage of feet and a depth of /000 feet and consists of ? acres. (Please be exact) 5. The property is owned by Q as evidenced by deed from �-/� ,� �, .K recorded (previous owner) in deed book no. on page �, as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identc do No. '7��-�� V6-7 50 Magisterial District Current Zoning , 7. Adjoining Property: 3SE ZONING North East South i West 8. The type of use proposed is (consult with the Planning Dept. before completing) SING W k4 ZoxiAiG r s 1W ,' c. T 9. It is proposed that the following buildings will be constructed: C'viVC/1�% .56/113 494 eWcIc sc2 L -W1 Ca41w - G J nr/c /�1rr�ry r 1r •y L 7,� 6�CCi s ES i.� f rbc' 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER.) NAME A-1 X61 k' Address Property /Z Sc ID# Address Property (1 l� Address Property ID# / G� / a IrV j OG1�-- Address Property 2Y).57 O/• z.../ ID# oaoa A veopio V be � r-24.7 f Address ���z �-f �1-42k:211 Property ID# �C•�O CUZ6L Q Address Property ID# 3-1 LflT 35 ,g.792 AC-) t.AKE ISAAC £STATES O.S. SFC1200 39 775• V USE: ZONE RA 707 CA� , VIRGINIA �E � , as) .)FIV oM-11- v_- 1 ►CPO376 a.5 A7. p8' JAG it C. 7. t sc NOODED ONE PA � i64 AC.3 0T 315 is -ISAAC gdTA� t.AxE V sac, -,ON �d D.s. 77 i. Pu VACWT- Z�E pA a jow 106 pg. s pg. 30 p. s M0 Zp�FAjo A00LOW W s s u+a a,cs its A0•0 .*pg. sds D j4& pg . ;aw s.• of 000--- omj.,srr AJ►T s• Of S ' C t � O 1.OT 5 i ' 5.194 p►citESIto W 1 t &I : i 1 t •J 11 1I � a jow 106 pg. s pg. 30 p. s M0 Zp�FAjo A00LOW W s s u+a a,cs its A0•0 .*pg. sds D j4& pg . ;aw s.• of 000--- omj.,srr AJ►T s• Of 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address 12 Owners' Telephone No. 7-5— ?p' 2 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: _-Z 2q!�3 7 P/C Review Date: 10/04/95 CONDITIONAL USE PERMIT #011-95 HARDEES/MOBIL RESTAURANT, GAS STATION, CONVENIENCE STORE LOCATION: This property is located at the intersection of Northwestern Pike (Route 50 W) and Ward Avenue (Route 1317), at the livestock exchange. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 53A -A-83 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) Land use - vacant ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas), Land use - residential, business, and vacant PROPOSED USE: Restaurant, Gas Station and Convenience Store REVIEW EVALUATIONS: Virginia Department of Transportation: See attached comments dated 08/23/95. Fire Marshall: See attached letter dated 08/16/95. Health Department: Restaurant to public sewer service. The water supply will be permitted by local health department. City of Winchester: See attached letter dated 08/23/95. Page 2 Hardees/Mobil CUP #012-95 Sanitation Authority: See Attached letter dated 08/14/95. Planning Department: Requested uses are permitted with an approved conditional use permit. There was previously a gas station, convenience store and automobile repair facility at this location. The auto repair is continuing to operate at this time but will be discontinued when construction of the new facilities is started. There are several major issues associated with this site such as drainage and storm water management, site access, etc.. These issues will all need to be adequately addressed at the site plan stage. The City of Winchester has agreed to provide sewer service to this site through a private pump station and a force main. The Sanitation Authority has agreed to allow this arrangement until they can provide the service at some later date. Water will be provided by a well and private system. The Fire Marshal has expressed a concern for the availability of water for fire protection and has suggested the bonding of a future hydrant for the location. Bonding this requirement would be holding the applicant hostage for what could be a very long time depending on when public water is extended beyond the Route 37 barrier. Staff believes a condition on the permit requiring the applicant to provide a hydrant if and when public water is available would be adequate. An approved site plan will be required prior to any construction on this site. Staff Recommendation for PC Mtg. of 10/04/95: Approval with the following conditions: 1. A site plan must be submitted and approved prior to any construction on this site. 2. Any change of use or expansion of approved facilities will require a new conditional use permit. 3. When public water is available to this site, applicant must insure adequate water supply for fire protection is provided. This may include the installation of a hydrant at the expense of the applicant. 4. All review agency comments must be adequately addressed and complied with at all times. CONDITIONAL USE PERMIT Ct SIMENTS PROPOSED HARDEE'S RESTAURANT AUGUST 23, 1995 No overall objections to a Conditional Use Permit being issued for this property. However, prior to operation of the business, the existing sub -standard entrances must be upgraded to current commercial standards to allow for safe egress/ingress. Depending on the amount of anticipated traffic, the development may generate right-of-way improvements may also include adjustments/realignment of the existing median cross-over and traffic signalization. The applicant should also be aware this location has a history of having drainage problems. Drainage improvements including possible storm sewer may have to be considered in any entrance improvement design. Prior to making any further comments, this office will require a complete set of construction site plans which include drainage calculations and trip generation data from the ITE Manual 5th Edition for review. Any work performed on the State's right-of-way must be covered under a Land Use Permit. cy: Mr. S. A. Melnikoff Conditional Use Permit Comments for Hardees/Mobile from the Virginia Department of Transportation by R.B. Childress for W.H. Bushman. 8/23/95 L111 6 / G� % /r 4 /-�� r (�- Z /,��ld s1� J, b t ?") lip , d , E f Thomas W. Owens Director August 16, 1995 G.W. Clifford and Associates 200 N. Cameron St. Winchester, Va. 22601 Attn: Steve Gyurisin Dear Steve, COUNTY OF FREDERICK, VIRGINIA FIRE AND RESCUE DEPARTMENT 9 N. Loudoun Street, 2nd Flooi Winchester, Virginia 22601 Douglas A. Kiracofe Fire Marshal I have looked at the Conditional Use Permit Application submitted for the Hardee's Restaurant, to be located on Route 50 West (Nothwestern Pike). As you can see, I have made a recommendation that the plan be approved, but, I've asked for a condition of approval due to the lack of public water availability to this site for fire protection. When the Route 50 East corridor began to develop some years ago, the building of individual businesses preceeded the extension of water lines. As the area continued to develop, public water was extended. However, none of the businesses would retrofit the installation of hydrants onto their property, so today we have a serious deficit in fire protection capabilities along this corridor. There are a limited number of hydrants along the north side of Rt. 50 East. For an incident on the south side of Rt. 50 East, the Fire Department must stretch hose lines across seven (7) traffic lanes, thus closing the road. This causes the Virginia State Police many headaches, as you can imagine, and is not an efficient fire ground situation for our people to deal with. The Route 50 West area, adjacent to Route 37, is without a doubt feeling developmental pressures and is surely going to grow in the near future. To avoid creating a situation similiar to that on Route 50 East, I have suggested the "bonding" of a hydrant for this site by the owner/applicant. At the point in time when water lines are extended to the area, the hydrant could then be installed. This could be a condition of the C.U.P. that you are applying for. Similiar conditions should be placed on any other development along this corridor between now and the time public water is availble. Please understand, my concern is not with this particular site or the type of use planned for this site, it is a matter of addressing future fire protection needs for the entire area. To prepare for the future needs of the Fire Department, the necessary fire protection issues on each individual site should be addressed at the time of development. To assist your client with planning for this, may I suggest looking at the current planning taking place for the Round Hill area. I've not seen any of the information in this plan, but DIRECTOR - (703) 665-5618 FIRE MARSHAL - (703) 665-6350 FAX - (703) 678-0682 it may give a sense of how soon water and sewer is going to be extended out Route 50 West, if at all. Should you have any questions regarding this matter, please do not hesitate to contact me. Douglas A. Kiracofe Fire Marshal cc: Evan Wyatt, Planner file CITY OF WINCHESTER, VIRGINIA August 23, 1995 Mr. Steve Gyurisin Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Site Plan for Restaurant at Jiffy Mart Site Dear Steve: Rouss City Hall 15 North Cameron Street Winchester, VA 22601 703-667-1815 FAX 703-722-3618 TDD 703-722-0782 The only comment the City makes at this time is that it should be noted on the plans that after discussions with the engineers, sewer will be provided through a private force main. This main will go from the site to the City collection system located east of Route 37 at the McDonald's restaurant site. Before we will accept this, we will need the approval from the County and/or the Frederick County Sanitation Authority allowing us to provide service. bhm Enclosure nncerely, %"40V%C Jesse W. Moffett Director - Public Utilities "THE APPLE CAPITAL" FREDERICK COUNTY SANITATION AUTHORITY POST OFFICE BOX 618 WINCHESTER. VA 22604-0618 August 14, 1995 Mr. Bob Brown Bauserman Oil Company P. O. Box 3336 Winchester, VA 22604 REFERENCE: Hardee's Restaurant - Route 50 West Dear Mr. Brown: Ph. (703) 665-5690 Fax.(703) 665-6351 The Frederick County Sanitation Authority does not have sewer services available at this time for the proposed Hardee's Restaurant on Route 50 west of its intersection with Route 37. I understand the City of Winchester will accept wastewater from this restaurant through a private pump station and force main. The Sanitation Authority approves the City of Winchester providing wastewater to the serve this restaurant with the condition that when the Authority provides wastewater services to the area, the restaurant agrees they will tie into the Authority's facilities. The Authority will bear the cost of connecting the restaurant to the Authority's facilities and the restaurant will dedicate off-site facilities it owns to the Authority. Should you have any questions, please call me. /ths Sincerely yours, W. H. Jones, P. E. Engineer -Director OFFICE. 199 FRONT ROYAL PIKE WATER AT YOUR SERVICE MN 70 LINE K Northwestern pike ;. Rf. 50 LI E j Rt. 71 71 A N�5■ Rt. 803 255 2 pts A 71 2 pts. See Sec. 53 86 2 pts, \87 53—A-88 88 2 pts. 71A 2 pts. 82 m �S4 DIST. chekter 83 Ward Avenue Rt. 1317 a ® � a" � o a o s Q 88 2 pts. CUP # 011-95 PIN: 53—A-83 Hardees/Mobil 1. Submittal Deadline C P/C Meeting .� BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA (The applicant if the owner er) NAME: ;(�i^ Iry C LI f{ f J` 11�1L ��D ' S �t C"/ C ADDRESS: Zoo t.1Jif ZZ�o1 TELEPHONE 5-Ljp - caC�7 - Zi 3a 2. Please list all owners, occupants, or parties in interest of the property: PM Pr-fyi C �I,, 1�1�� Tp tyi L 41,g G�5'IZc6L ASe E OIL 3. The property is located at: (please give exact directions and include the route number of your road or street) ao Tz—: SZ> W�l -� iy�D LAr1 E AT- --FHE 4. The property has a road frontage of ZQ�CD t/— feet and a depth of ZL(U �/_ feet and consists of �..� + acres. (Please be exact) -- 5. The property is owned by AGex,� L1f--k- (A4 fNC as evidenced by deed from J.-5A^C L, GT u recorded (previous owner) in deed book no. lQ(.F on page Z0 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No.��� Magisterial District Current Zoning 7. Adjoining Property: .' j " =� USE North ZONING 0 1°tCAr� r " Eastch 32 zZr EA South C' J West�DT� qt_ 8. The type of use proposed is (consult with the Planning Dept. before completing) i 9. It is proposed that the following buildings will be constructed: E7`AojE •0 N3!!2i'E ' — (L -O t rtif c- AC , _ 61E&CEZL-�! PLA f -J 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, rear and in front of (also across street from) the property where requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: (PLEASE LIST COMPLETE 14 -DIGIT NUMBER. NAME rA2>rv1a2S Li v�?L[.V- 04CRN Y- it � L_ywti 'v-+ Ar1r)a N Q`t,AL4> L. C:Ghtt�i 4- O U NAl.yc_q L . t (,.,xA0�j f�T�f�� �1 gLTcr Ll c To clu'CiPt- op3i- t Av ri Address Fb _ C� VJ i Property ID# 53 Address Pe, 3 Property ID# 5-3 ffA)) _ Ac. Address (U-7 L'I Property 1D# 3 Address_ Property ID# s� _ &L-Nq N. ' Jl 1 P 0 G vx' Address 7 J r?o Pic. ,c 14 ota � Elul: �, JA Z�(C3 1p: roperty ID# l �i „ ,rl •� �` Address Property ID# s _ In L �D .�vrn1C 7 u _ I'A Z L{ ),9 -20 L F I a rp,r�r5 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors, public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant ����?L�, - ' 1Cc L� Signature of Owner C JOFIr VJ } IOC KMA r1 Owners' Mailing Address P.O. Box 2696, Winchester, VA. 22604 Owners' Telephone No. (540) 667-1023 TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: