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HomeMy WebLinkAboutPC 08-18-04 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia August 18, 2004 7:00 P.M. CALL TO ORDER TAB 1) July 21, 2004 Minutes ................................................. (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Rezoning #05-04 of Burlington, LLC, submitted by Gilbert W. Clifford & Associates, Inc., to rezone .78 acres from RP (Residential Performance) District to B2 (Business General) District. This property is located east of Winchester and north of Route 50, on the ease side of Tulane Drive, behind the former Hardee's Restaurant, and is identified by Property Identification Number(s) 64A-2-12 and 64A-2-13, in the Shawnee Magisterial District. Mr. Camp............................................................ (B) 5) Rezoning 410-04 of A.P.R. Mini -Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side of Route 776 about 500 feet east of intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64B -A-38. Ms. Mills............................................................(C) 6) Rezoning 911-04 of Adams Development Group, submitted by Greenway Engineering, to rezone 59.708 acres from RA (Rural Areas) District to B3 (Industrial Transition) District. This property is located north of the City of Winchester, fronting the west side of Martinsburg Pike (Route 11), opposite the intersection with Stephenson Road (Route 664), in the Stonewall Magisterial District, and is identified by Property Identification Number (PIN) 44-A-75. Mr. Camp............................................................ (D) PUBLIC MEETING 7) Subdivision Waiver Request of Centex Homes (Wakeland Manor) for an exception to the Frederick County Subdivision Ordinance, § 144-24C(2)b, which requires that no individual lots be more than 500 feet from a state maintained road. The property is identified with Property Identification Numbers 75-A-100 and 75-A-101 in the Shawnee Magisterial District. Ms. Mills............................................................ (E) 8) Other • • :7 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on July 21, 2004. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; George J. Kriz, Gainesboro District; Marie F. Straub, Red Bud District; William C. Rosenberry, Shawnee District; Charles E. Triplett, Gainesboro District; Richard C. Ours, Opequon District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large; Gary Dove, Board of Supervisors' Liaison; Barbara Van Osten, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Robert A. Morris, Shawnee District; STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning Director; Jeremy F. Camp, Planner II, Mark R. Cheran, Planner I; and Renee S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. MEETING MINUTES - JUNE 2, 2004 AND JUNE 16, 2004 Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the minutes of June 2, 2004 were unanimously approved as presented. Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of June 16, 2004 were unanimously approved as presented. Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1343 -2 - COMMITTEE REPORTS Historic Resources Advisory Board (HRAB) - 07/20/04 Commissioner Gochenour reported that the HRAB received an overview of information from the HRAB training and began work on establishing their new by-laws. Commissioner Gochenour also remarked how fortunate Frederick County and the HRAB was to have the excellent support from both Maral Kalbian, Historic Consultant, and Candice Mills of the Planning Department. Sanitation Authority Commissioner Fisher stated that the Engineer/Director, Wellington Jones, reported that they are going to bid with the Route 50 West Water and Sewer Project. PUBLIC HEARING Rezoning #07-04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., a division of Patton, Harris & Rust, Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District to accommodate general commercial land uses. This property is located south and adjacent to Clearbrook Presbyterian Church on the east side of Martinsburg Pike (Rt. 11 North), surrounded to the east and south by Clearbrook Park, and is identified with P.I.N. 33-A-162 in the Stonewall Magisterial District. Action - Recommended Approval with Proffers Planner Mark R. Cheran read the background information and the review agencies' comments. Planner Cheran stated that the subject parcel is located within the Sewer and Water Service Area (SWSA) and the request generally conforms with the applicable policies of the Northeast Land Use Plan (NELUP). Planner Cheran said that the Traffic Impact Analysis (TIA) for this project concludes that the impacts generated by this development will result in overall Level of Service (LOS) Category "C" conditions or better on study area roads during peak traffic periods at project build -out (2006). A critical exception to this overall condition is the continued existence of LOS Category `B" peak hour conditions at the intersection of Hopewell Road and Martinsburg Pike. The TIA indicates that the future signalization of this intersection will improve conditions to the desired LOS "C." Planner Cheran noted that the subject rezoning proposal does not provide, either in whole or in part, for the necessary signalization of the intersection of Hopewell Road and Martinsburg Pike. Planner Cheran next reviewed the proffers offered by the applicant, which included a Generalized Development Plan, a monetary contribution to offset the impact of the development, a list of prohibited uses on the site, and several site improvements including a single entrance onto Martinsburg Pike. Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1344 Mr. Charles W. Maddox, Jr. with G. W. Clifford & Associates, Inc., a division of Patton, Harris & Rust Associates, PC, came forward to represent the property owner, Mr. William H. Lawrence, III. Mr. Maddox said that this site has been in commercial and industrial use over the last century for the woolen iiiill and for sales. Mr. Maddox stated that VDOT has commented on the 11A and one of their recommendations was to reduce the number of entrances on the site from two to one. Mr. Maddox said that the owner has agreed to the one entrance and this is included in the proffer. In addition, Mr. Maddox said they have met with the adjacent church to the north (Clearbrook Presbyterian Church) and representatives of the church are pleased with the proposal; he said the church has provided a letter indicating their desire not to see screening between this site and the church. Mr. Maddox further added that Mr. Lawrence provided a 20 -foot water main easement to the Sanitation Authority and vegetation can not be planted within this strip. Commissioner Gochenour expressed her concern that there may not be adequate personnel at the Clearbrook Fire & Rescue facility for adequate coverage of this area. Mr. Maddox replied that the Department of Emergency Services had been consulted and their comments were included within the agenda. He added that the site is adjacent to a 24 -inch water main, a 10 -inch main, and there are available hydrants for fire -fighting capability. Commissioner Light inquired if the entrance would be aligned with one of the existing entrances at the Old Stone Restaurant. Commissioner Light explained that when tractor -trailers pull out of the Old Stone Restaurant and proceed north towards I-81, there is a change of lane issue there and the entrance will probably need to go below that swing area for trucks. Mr. Maddox agreed with Commissioner Light's point and assured the Commission this issue would be addressed during the site plan stage. Commissioners wanted to make sure that any intended use for this site would be sensitive to the adjacent church. They also recommended the use of shaded lighting in the parking areas. Referring to the SIC uses that were proffered out on Page One of Three of the applicant's proffer statement, Board Liaison Barbara Van Osten, asked Mr. Maddox why the four uses listed in the impact statement, golf driving ranges, self-service storage facilities, commercial batting cages, and adult retail uses were not included within the proffer statement. Mr. Maddox believed this was an oversight and assured the Commission that those uses would also be included with the listing in the proffer statement. Chairman DeHaven called for public comments, however, no one came forward to speak. Chairman DeHaven invited the VDOT representative forward to answer questions from the Commission. Commissioner Straub raised a concern about the traffic on Hopewell Road up to I-81. Mr. Lloyd Ingram of VDOT stated that since gasoline stations and truck stops were proffered out, VDOT looked at the next worst-case scenario, which did not seem to have the potential to produce a significant impact. In addition, he said that VDOT's ability to relocate the single entrance would allow them to maintain control of the traffic. Mr. Ingram concluded that considering the applicant's proffers, the intersection should be able to handle the additional traffic. Upon motion made by Commissioner Light and seconded by Commissioner Kriz, Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1345 -4 - BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning #07-04 of William H. Lawrence, III, submitted by Gilbert W. Clifford & Associates, Inc., a division of Patton, Harris & Rust, Associates, Inc., to rezone 1.965 acres from RA (Rural Areas) District to B2 (Business General) District to accommodate general commercial iand uses and with the proffers offered by the applicant. The majority vote was as follows: YES (TO APPROVE): Straub, Watt, Unger, Light, DeHaven, Thomas, Ours, Fisher, Kriz, Triplett, Rosenberry NO: Gochenour (Commissioner Morris was absent from the meeting.) Upon motion made by Commissioner Kriz and seconded by Commissioner Fisher, the letter from Pastor C. Richard Slider, II ofthe Clear Brook Presbyterian Church was made a part ofthe official record by a unanimous vote. The 2005-2006 Update of the Secondary, Primary, and Interstate Road Improvement Plans. The Secondary, Primary, and Interstate Road Improvement Plans establish local priorities for improvements to the Secondary, Arterial, and Interstate Roads in Frederick County. Comments from the Planning Commission shall be forwarded to the Board of Supervisors. The priorities recommended by the Board of Supervisors shall be forwarded to the Commonwealth Transportation Board for funding consideration. Action - Recommended Approval Planner Jeremy F. Camp said that the three separate transportation plans before the Commission include the 2005-2006 Secondary Road Improvement Plan, the 2005-2006 Primary Road Improvement Plan, and the 2005-2006 Interstate Road Improvement Plan. Planner Camp said that the Transportation Committee reviewed and recommended approval of the plans at their meeting of June 17, 2004. He noted that the most significant changes include the addition of Old Baltimore Road (Rt. 677) to the list of Hard Surface Road Improvement Projects, the re -rating of all unscheduled roads to be paved, the completion of Warrior Drive, and the paving of the first half of Adams Road. In addition, Planner Camp reported that the Transportation Committee recommended that a number of roads be added to the Rural Rustic Road Program. He explained that the Rural Rustic Program is an option which may be used which allows public roads on the Hard Surface Road Improvement Plan to be hard surfaced with lesser design standards and a lower cost. The only road in Frederick County which has been approved so far as a Rural Rustic Road is Adams Road (Rt. 689). Planner Camp said that the Board of Supervisors must pass a resolution of request, prior to VDOT placing a road into the Rural Rustic Road Program. Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1346 -5 - Planner Camp further added that the Primary Road Improvement Plan was also modified upon recommendation by the Transportation Committee and the Route 37 Eastern Bypass had been added as the top priority, consistent with previous County plans before the bypass was removed. Thus, the prioritization of the 2005-2006 Primary Road Improvement Plan places the first phase of the Route 37 Eastern Bypass as the top priority, followed by the first phase of Fairfax Pike. He said the recommended Interstate Road Improvement Plan had not changed from last year's plan; improvements to Exit 313 and 310 are still top priorities, followed by the planned widening of 1-81. Commissioner Rosenberry expressed the need for Inverlee Way, Project #5 on the Major Road Improvement Plan, predicting that motorists will use Inverlee to cut through Oakdale Crossing and the Ravens from Senseny Road to Millwood Pike after the barricades in those developments are removed. Commissioner Rosenberry said that he was told the road couldn't be extended to Senseny because the land was not for sale. Planner Camp said that by placing this road on the plan, the County is recognizing the need for the road and it has been entered into the Revenue Sharing Program. Planning Director Eric R. Lawrence agreed that Inverlee Way has been identified in the County's Eastern Road Plan as the connection from Senseny to Route 50 and by placing it in the Major Road Improvement Plan, the County is placing it within the programming sequence. Director Lawrence also noted that this is a two million dollar project and while the money is being raised, the County will continue to work with property owners in that area to secure right-of-way. Commissioner Straub said that she attended the Community Consensus Coalition's (CCC) Transportation Forum with the Metropolitan Planning Organization (MPO); she asked for an explanation of how all of these transportation groups fit together. Director Lawrence explained that the Transportation Committee assembles the Primary, Secondary, and Interstate Road Plans and ultimately, those plans are adopted by the Board of Supervisors. He said that the interstate and the primary road improvements are eligible for additional funding, but must be part of an MPO policy because of the County's population; the secondary road projects are still controlled solely by Frederick County and not by the MPO. Director Lawrence added that the three plans proposed this evening will proceed through the County's normal process and the Primary and Interstate will be passed along to the MPO for their consideration. He said that ultimately, to receive federal funding, the MPO must endorse the project. Commissioner Light commented that the road from White Hall (Rt. 67 1) down passed the old Orndorff Butcher Shop needs widening. Commissioner Light said this is a very dangerous road and it needs shoulders, widening, and poles need to be moved. Commissioner Straub commented that the northern portion of Greenwood Road has been widened, however, the southern portion of that road does not align with the northern portion. She said that the traffic signals are convoluted and no one knows who has the green light. Commissioner Straub requested that if any improvements are made on Greenwood south, that an alignment be made with Greenwood north. Conunissioner Thomas said he thought there were portions of Rt. 277, from 81 towards 522, that were high on the listing for the major road improvement projects. Commissioner Kriz pointed out that those sections had been included within the Primary Road Plan as 42, Rt. 277 east of Stephens City, and is broken apart into sections. Chairman DeHaven called for public comments, however, no one came forward to speak. Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1347 Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the 2005-2006 Update of the Secondary, Primary, and Interstate Road Improvement Plans for Frederick County to establish local priorities for improvements to the Secondary, Arterial, and Interstate roads. Chairman DeHaven noted that the Planning Staff had also requested a recommendation on the inclusion of eight roads into the Rural Rustic Road Program. Mr. Ben Lineberry of VDOT came forward and referred the Planning Commission to the criteria for rural rustic roads included within the package. Mr. Lineberry read that, "the County Board of Supervisors will endeavor to limit growth on roads improved under this program." He explained that the rural rustic road is a narrower road, a minimum of 16 feet wide; it will be tar and chipped (surface treatment); and it must carry at least 50 vehicles per day, but no more than 500. He said that the rural rustic paved condition is less expensive to maintain than the unpaved road condition. He answered various other questions from the Commission concerning speed limits, maintenance, environmental impacts, and legislation. Commission members inquired about the consequences ofthe traffic counts exceeding the 500 vehicle per day limit. Mr. Lineberry replied that there is nothing that VDOT could do if the limit was exceeded, except to attempt to add the road to the County's Secondary Road Improvement Program. He noted that it would be dangerous for a rural rustic road to carry more than 500 vehicle trips per day. Upon motion made by Commissioner Kriz and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the inclusion of the following roads to be included into the Rural Rustic Road Program: Back Creek Road (Rt. 704), Gough Road (Rt. 618), Ebenezer Church Road (Rt. 705), Indian Hollow Road (Rt. 679), Chestnut Grove Road (Rt. 681), Carter Lane (Rt. 629), Pack Horse Road (Rt. 692), and Old Baltimore Road (Rt. 677). PUBLIC MEETING The revocation of Conditional Use Permit 9017-90 of White Oak Trading Post for an existing campground and expansion of the store by 75%. The property is located at the northwest corner of Routes 277 and 636, and is identified with P.I.N. 86 -A -143-A in the Opequon Magisterial District. Action - Tabled for Six Months Planner Mark R. Cheran stated that the Planning Commission tabled this item at its June 16, 2004 meeting for 30 days to enable the applicant to come into compliance with the Frederick County Zoning Ordinance. Planner Cheran said that the staff has met with the applicant's counsel and has supplied him with an application for a new conditional use permit. He said the staff explained to the applicant the violations of CUP #017-90 and explained that a new conditional use permit to expand the country store to include a Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1348 WE restaurant was needed. Planner Cheran noted, however, that site improvements must be completed prior to a new application for a conditional use permit being accepted; he also noted that a site plan for the property was approved in 1991, however, those improvements have not yet been implemented. Planner Cheran stated that the Frederick County Building Official conducted an inspection of the property on July 2, 2004 and violations of the Virginia Uniform Statewide Building Code were cited on the property. He pointed out that the 31 -seat restaurant was never an allowed use on this property and it is a violation of the conditions placed on CUP #017-90. In conclusion, Planner Cheran noted that long-term tenants are still located on the property. Members of the Commission who had visited the site said the establishment was well -kept and organized, and that it served a need in this community. They inquired if any regulations or laws would be violated by tabling consideration for 90 days to give the applicant the opportunity to work out the building code violations or problems and to seek a new conditional use permit. Planner Cheran believed the Commission's decision to table would not violate any laws; however, regardless of what action is taken by the Commission, the building violations are a separate issue entirely. Mr. Eugene Gunter, attorney for the owner, Mrs. Yancey, stated that a number of the citizens of this area were present at the last meeting and all spoke well of this establishment. Mr. Gunter said there was a lot to be done and they will need time to accomplish everything. He requested that the Planning Commission table consideration of this matter for a period from three to six months. Chairman DeHaven called for public comments, however, no one came forward to speak. Commission members believed there had been a good faith effort to clean up this area to make it more presentable and they believed tabling the consideration of the permit was fully appropriate to allow the applicant to work on the issues that needed addressed. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table the revocation of Conditional Use Permit 4017-90 of White Oak Trading Post for an existing campground and store expansion for six months to allow the applicant time to address the building official's comments and other comments that have been raised. Master Development Plan #02-03 for Regents Crescent, submitted by Bowman Consulting, for residential and commercial uses. The property is located on North Frederick Pike (Rt. 522 North), approximately 450 feet south of Oakside Lane, in the Sunnyside neighborhood, and is identified with P.I.N. 53-A-53 in the Stonewall Magisterial District. Action - Recommended Approval of the Entrance Spacing Waiver Request Action - Recommended Approval of the Lot Access Waiver Request Action - Recommended Approval of the Internal Residential Screen Waiver Request Action - Recommended Approval of MDP #02-03 of Regents Crescent Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1349 -8 - Planner Jeremy F. Camp stated that this master development plan (MDP) was tabled at the Planning Commission's meeting on May 19, 2004, due to a last minute change by the applicant. Planner Camp said that the MDP has been revised and all relevant reviewing agencies have commented on the revised plan. He noted that the residential component would consist of 42 townhouses, which are proposed in the center of the development, and 28 single-family cluster dwellings proposed around the perimeter, which adjoins Westminster- Canterbury. Planner Camp said that access for all of the proposed uses would be provided via a new state road and an internal private road system. He added that the development will provide an easement and driveway to link the existing private road along the northwest property line with the cul-de-sac of the proposed state road. He further explained that upon resolution of three requested waivers, the proposed development would meet the requirements of the Frederick County Zoning and Subdivision Ordinances. He next proceeded to review the requested waivers with the Commission. Mr. Thomas (Ty) Moore Lawson, P.C. of Lawson & Silek, P.L.C., came forward on behalf of the applicant. Mr. Lawson also introduced Mr. David L. Frank, CLA, Project Manager with the Bowman Consulting Group, and Mr. Wade Clements, the President of Sovereign Homes. Mr. Lawson noted that the residential screen waiver is new; he said they were attempting to create a street scape that would allow residents to interact with their neighbors, rather than using the traditional row of white pines. Mr. Lawson described the various types of evergreens proposed; indicating their intent to provide a total of 155 plants versus the 44 evergreens specified within ordinance. Mr. Lawson added that he had met with several of the adjoining property owners, in particular, the Peacmakers and the Lintzes, to discuss the proposed driveway connection to Regents Crescent's cul-de-sac. Mr. Lawson said that these property owners do not necessarily want that connection. He said they were concerned about people driving down their lane. Mr. Lawson said he would be willing to install a gate, if that would satisfy their concerns. Referring to the 90 -foot entrance spacing waiver request, a member of the Commission pointed out that there will be three entrances within a total of 130 feet. Mr. Lawson noted even tighter entrance spacing a short distance to the north at the Sheetz location. Commissioners suggested lowering the speed limit in that area from 45 to 35 mph. Commission members also recommended that if the screen waiver is granted, the applicant should designate a substitute; for example, the intent of following the philosophy of Option B in the applicant's handout. Mr. Lawson agreed to this and suggested that staff be given authority to oversee and approve the design. Individual Commission members also had questions on the type of business development that would take place and questions concerning the karst condition of the property were also raised. Chairinan DeHaven called for public comments and the following persons came forward to speak: Mr. Jeff Whetzel, adjoining property owner to the north of the Peacemakers and the Lintzes, was concerned about how the safety of his driveway would be compromised, ifthe applicant's entrance spacing waiver request was granted. Mr. Whetzel said that he will not agree to the use of his property for access to this new development. Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1350 Mr. Wayne Peacemaker, adjoining property owner, came forward and said that he was speaking on behalf of all three of the adjoining property owners on the west side of the Regents Crescent property. Mr. Peacemaker said that neither he or his neighbors saw the need for the additional access, nor did they want it. He said this decision was primarily based on their need to have privacy. Chairman DeHaven explained that the access was not a county requirement, but merely an attempt by VDOT to supply the three adjoining residences with a safer and modern egress and ingress. Mr. Russell Heitt, adjoining property owner on the southeast side ofthe proposed development, was concerned about the impact of surface water runoff on his property. Chairman DeHaven assured Mr. Heitt that water management would be addressed during the site plan stage of development and the County's engineer would need to approve the storm water management plan. Ms. Rita Lintz, adjoining property owner, agreed with the statements made by Mr. Peacemaker and Mr. Whetzel. Mr. JeffWhetzel returned to the podium and expressed a concern about the impacts ofblasting on his and his neighbors' wells and septic systems; he said this property has never been developed because it is a solid rock mass. Mrs. Ann Heitt, adjoining property owner, came forward to speak in favor of the proposed development; she believed the designers had done a good job and this should be a nice -looking development. Mrs. Heitt stated that something needed to be done with this land; she said it was an eyesore and was becoming overgrown. Mrs. Heitt concluded by saying that her and her husband's only concern was of surface water runoff. Mr. Lawson returned to the podium to confirm Chairman's DeHaven's point that the connection shown on the master development plan was VDOT's suggestion to provide the residents with an alternative access. He said the alternative driveway was not being installed for the applicant's benefit or for any additional access. Mr. Lawson stated that the applicant will do whatever the County and VDOT believes to be appropriate, however, the neighbors have said in no uncertain terms that they did not want the connection. VDOT's representative, Mr. Ben Lineberry, stated that VDOT proposed the private connection, from the cul-de-sac to the property to the north, as a measure to eliminate some of the entrances directly onto Route 522; he said this was not a requirement. Commission members asked Mr. Lineberry for VDOT's position on allowing the applicant's entrance to be located 90 feet from the neighbors' existing private driveway. Mr. Lineberry replied that because the private driveway is for single-family residential access, VDOT believes it would be satisfactory because of the low trip volume. However, if the driveway was for commercial or other types of business applications within the 90 feet, then VDOT would have concerns. Entrance Spacing Waiver Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That by a majority vote, the Frederick Planning Commission does hereby recommend approval of an entrance spacing waiver for Master Development Plan #02-03 of Regents Crescent to allow a spacing of approximately 90 feet from the proposed entrance (Trafalgar Square) to the existing northwest Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1351 -10 - entrance. The majority vote was as follows: YES (TO APPROVE): Watt, Unger, Light, DeHaven, Thomas, Ours, Fisher, Kriz, Triplett, Rosenberry NO: Straub, Gouchenour (Commissioner Morris was absent from the meeting.) Lot Access Waiver Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of a lot access waiver for Master Development Plan 402-03 of Regents Crescent to allow lot areas to be up to 800 feet from a state road. (Commissioner Morris was absent from this meeting.) Internal Residential Screen Waiver Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of an internal residential screen waiver for Master Development Plan #02-03 of Regents Crescent, which will eliminate the requirement for an internal residential screen between the two proposed housing types, and also recommends adoption of Landscaping Option B on the applicant's schematic. The majority vote was as follows: YES (TO APPROVE): Watt, Unger, Light, DeHaven, Thomas, Ours, Fisher, Kriz, Triplett, Straub, Rosenberry NO: Gouchenour (Commissioner Morris was absent from the meeting.) Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1352 -11 - Master Development Plan #02-03 of Regents Crescent Upon motion made by Commissioner Light and seconded by Commissioner Kriz, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Master Development Plan #02-03 for Regents Crescent, submitted by Bowman Consulting, for residential and commercial uses on North Frederick Pike (Rt. 522 North), with the waivers as stated. The majority vote was as follows: YES (TO APPROVE): Watt, Unger, Light, DeHaven, Thomas, Ours, Fisher, Kriz, Triplett, Rosenberry NO: Straub, Gouchenour (Commissioner Morris was absent from the meeting.) DISCUSSION Discussion of adding the MS (Medical Support) District to Section 165-47C(1) and Sections 165-133 and 165-134 to the Frederick County Zoning Ordinance. Planner Mark R. Cheran stated that on June 24, 2004, the Development Review & Regulations Subcommittee (DRRS) discussed adding the MS (Medical Support) District to sections ofthe Frederick County Zoning Ordinance. He said that the change would include references to the MS (Medical Support) District, Section 165-47C(1) and Sections 165-133 and 165-134. Planner Cheran stated that the DRRS recommended that the MS (Medical Support) District be added in the relevant sections of the Zoning Ordinance. Although the inclusion of the MS District was fully supported, members of the Commission questioned why the RA (Rural Areas) District was not also included within the listed sections. For example, Section 165-47C(l) states that, "inoperable motor vehicles shall not be stored outside of a totally enclosed building in the following districts;..." all the districts are listed with the exception of RA, despite the fact that inoperable vehicles are not permitted anywhere within the County. Staff responded that inoperable vehicles are permitted to be stored in the RA District if they are screened by natural screening or an opaque fence; also, the amendment was primarily focusing on the MS District. Upon motion made by Commissioner Thomas and seconded by Commissioner Kriz, the Frederick County Planning Commission unanimously recommended approval of the ordinance amendment as presented and requested that it be forwarded to the Board of Supervisors for their discussion and to grant staff the authority to proceed with a public hearing. Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1353 -12 - ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:00 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Draft Minutes of July 21, 2004 Page 1354 REZONING APPLICATION #05-04 BURLINGTON, LLC Staff Report for the Planning Commission Meeting Prepared: July 29, 2004 Staff Contact: Jeremy F. Camp, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 05/05/04 Tabled 08/18/04 Pending Board of Supervisors: 09/08/04 Pending PROPOSAL: To rezone .78 acres from the RP (Residential Performance) District to the B2 (Business General) District. LOCATION: The property is located east of Winchester and north of Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64A-2-12 and 64A-2-13 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP (Residential Performance) District South: Zoned B2 (Business General) East: Zoned RP (Residential Performance) District West: Zoned B2 (Business General) PROPOSED USE: Parking lot to serve adjacent commercial use Use: Residential (College Park Subdivision) Use: Vacant (Intended site of future hotel) Use: Residential (College Park Subdivision) Use: Commercial (Holiday Inn) REZ Burlington, LLC Page 2 July 29, 2004 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 797. These routes are the VDOT roadways which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Burlington, LLC rezoning application dated March 17, 2004 address transportation concerns associated with this request. 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, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. 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. Fire Marshal: Fire lanes and emergency vehicle access shall be identified during the site plan process and shall meet the requirements of Frederick County Code section 90-4 and the International Fire Code in force at the time of construction. Fire lanes are required at all fire hydrants, fire department connections and all normal and emergency access points to the structure. Water supplies for firefighting shall meet the requirements of Frederick County Code section 90-4 and Appendix B of the International Fire Code in force at the time of construction. Plan approval recommended. Millwood Station: Fire lanes need to accommodate aerial ladder trucks. Proper hydrant coverage. Frederick -Winchester Service Authority: No comments. County Engineer: Provide a narrative indicating the proposed method of stormwater management to be applied to the site development, i.e., on-site detention or possible off-site drainage improvements. Sanitation Authority: We do not serve this area. Inspections: Demolition permit is required for structures to be removed along with asbestos inspection in accordance to section 112.1.4. No additional comments required at this time. Shall comment at the time of site plan review. Health Department: Health Department has no objections to the request as stated as long as available public water and sewer are utilized. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there REZ Burlington, LLC Page 3 July 29, 2004 are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the First and Second Battles of Winchester; however, they are currently part of College Park subdivision and already contain a house and, therefore, have lost their integrity. County Attorney: Have reviewed and final proffers appear to be in proper legal form. Frederick County Public Schools: No comments at this time. Frederick County Department of Parks & Recreation: No comment. Winchester Regional Airport: The proposed rezoning request for the Burlington, LLC property is in conformance with the Frederick County Comprehensive Policy Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not have an impact on operations at the Winchester Regional Airport. Winchester City Planning Department: No comments other than to note that having the direct connection to Route 50 so close to the signalized intersection seems like poor planning. Should consider making it a right-in/right-out access only and make use of the side street entrance for all left -turn movements. Planning Staff Comment: The existing entrance on Millwood Pike (Route 50 99 is proffered with this rezoning to be modified to a right -in / right -out. Planning & Zoning: 1. Site History: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the subject parcel as R-2 (Residential Limited) District. The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. 2) Location: The property is behind the site of the former Hardee's Restaurant on Millwood Pike (Route 50). It is located east of Winchester, on the east side of Tulane Drive. The two parcels of land consist of .78 acres of land, and are currently lots 12 and 13 of the College Park Subdivision. The site of the proposed rezoning is within the Shawnee Magisterial District. A single family residence is presently located on the subject site. 3) Comprehensive Policy Plan: REZ Burlington, LLC Page 4 July 29, 2004 Land Use Compatibilip The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. (Comprehensive Policy Plan, p. 1-1) The area comprising this rezoning is within the study limits of the Route 50 East Corridor land use plan, but are outside of the area planned for future uses. The .78 -acre site is within an area of existing residential uses adjacent to existing commercial uses. Introducing commercial uses within the residential neighborhood may impact existing residents. Efforts should be made to minimize these impacts. (Comprehensive Policy Plan, pages 6-17 through 6-20) The subject property is within close proximity of the Interstate 81 Interchange (exit 313). As described in the Frederick County Comprehensive Policy Plan, the "Idealized Interchange Development Pattern" includes retail and service uses within closest proximity of interchanges, followed by buffered residential uses. The proposed rezoning appears to be generally consistent with this land use policy standard. (Comprehensive Policy Plan, page 6-10). The UDA (Urban Development Area) is the principal land use tool of the Frederick County Comprehensive Policy Plan. The general purpose of the UDA is to define the areas in the county where more intensive forms of development will occur. It does this by dividing the County into rural and urban areas. The UDA was originally created with the intent that it would be adequate enough to accommodate long term growth needs in areas of the County where public services are most available. Substantial areas of land are needed for business uses in the UDA. The subject property is located entirely within the UDA. (Comprehensive Policy Plan, p. 6-1, 6-2, 6-5). 4) Site Suitability (Impact Analysis Statement) A. Flood Plain: none B. Wetlands: none C. Steep Slopes: none D. Soils: The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Clearbrook-Blairton soil REZ Burlington, LLC Page 5 July 29, 2004 association, which is the predominant association on land located east of Interstate 81. It is noted that these types of soil present some limitations to site development due to a seasonal high water table, frost, and depth to bedrock. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. E. Historical Resources: none 5) Proffer Statement The applicant has submitted a revised proffer statement, dated June 24, 2004, which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The revised proffer statement has been prepared by the applicant with input from staff in an effort to address the concerns raised during review of this rezoning application during the Planning Commission Meeting on May 5, 2004. The following conditions have been proffered in the new proffer statement: Monetary contribution of $3,000 for Frederick County Fire & Rescue services and the Sheriff's Office. General conformance with the associated General Development Plan (GDP). The applicant has proffered to keep the existing trees along the north and south property lines in addition to the required full screen. Planning Sta(LComment: Despite the reference of a block wall, the proffer statement does not guarantee a block wall. The proffer statement restricts all uses on the property other than parking required for the adjoining parcel to the south. No buses, tractor trailers, inoperable vehicles, vehicles awaiting repair, outdoor storage, or display of vehicles will be allowed on the parcel. Planning Sta[f Comment: The restriction of the above -referenced vehicles and storage was added to the proffer statement in lieu of concerns of citizens. Staff would note that the proffer statement does not restrict RV parking, as the applicant did not wish to restrict this use from the property. The applicant has proffered to limit access off of Tulane Drive and Princeton Drive to one entrance along the parcel to the south. There shall be no entrances off of Tulane Drive and Princeton Drive along the property proposed for rezoning. Access to the subject property shall occur through the parcel to the south. REZ Burlington, LLC Page 6 July 29, 2004 • Modification of the existing entrance along Millwood Pike (Route 50) to a right -in right -out only. • The applicant has proffered to meet with three representatives of the College Park neighborhood at their request to review their concerns. • The proffer statement provides for a $10,000 landscaping bond for the required landscaping and screening on the property. In addition, the applicant has proffered to enter into a planting and maintenance agreement with VDOT for the 5,000 square foot area between Harvard Drive and Princeton Drive (See Proffer Attachment). PLANNING COMMISSION SUMMARY & ACTION FOR THE 05/05/04 MEETING: Thirteen residents of the College Park and Pembridge Heights subdivisions came forward to speak in opposition to the rezoning of this parcel. They expressed concern that the parking area would be used for tractor trailers and buses, resulting in a noise problem; they did not believe the screening or fence would shield them from the possibility of all-night idling of tractor trailers and buses. Several citizens commented that this was an existing residential neighborhood and they feared the rezoning would set a precedent to allow additional commercial uses to encroach on their neighborhood. They believed the establishment of the parking area would negatively impact their property values. Issues regarding trash, maintenance, and security were also raised by adjoining residents. Citizens commented that the previous property owner had maintained his property so well, they considered it to be a showplace. In contrast, they said the current owner has poorly maintained the property and they presented photographs showing overgrown landscaping, debris, and storage. They believed that if this property owner could not keep up the appearance of the property now, then he would not do a good job of maintaining the parking lot or screening in the future. Commissioners preferred to see some guarantee from the applicant that tractor trailers and buses would not be parked on the proposed lot. In addition, they asked for a commitment from the applicant that lighting would not be obtrusive to adjoining residents and that ornamental block, rather than cinder block, would be used to enhance the appearance of the opaque fence. A representative of VDOT was available to answer questions. A member of the Commission asked if sufficient easement was available along this property for future improvements to Rt. 50, such as widening and turn lanes. VDOT's representative believed they were okay in that regard; he speculated that the long-term road plan would show a re -location of Rt. 522, which will tie into Rt. 50 to the east of this location. The applicant's representative pointed out that with the approval of the master development plan for Shenandoah University and the Tulane Drive extension, the nature of Tulane Drive was changed; he said that it ceased being a residential street and is now a public thoroughfare that will increasingly be used. While he understood the residents' concerns about losing the dwelling, he said that this REZ Burlington, LLC Page 7 July 29, 2004 request is a natural extension of the commercial uses along Rt. 50 and Tulane Drive. He assured the Commission that this parking lot will be screened from all residential views. In conclusion, the applicant's representative believed they could address the concerns raised and asked the Commission to table this rezoning in order to give the applicant the opportunity to rework their proffers. The Planning Commission agreed to table the rezoning, by the following majority vote: YES (TO TABLE): Triplett, Fisher, Kriz, Morris, Unger, Gochenour, Straub, DeHaven NO: Thomas, Light, Watt (Commissioners Rosenberry and Ours were absent from the meeting.) STAFF CONCLUSIONS FOR THE 08/18/04 PLANNING COMMISSION MEETING: This application is a request to rezone .78 acres of land from the RP (Residential Performance) District to the B2 (Business General) District. The applicant is seeking the rezoning of this property with the intent of developing a hotel on the parcel to the south and using the .78 -site for parking. The proffer statement has been revised since the Planning Commission's review of this rezoning application on May 5, 2004. All issues identified by the Planning Commission during the scheduled public hearing should be adequately addressed by the applicant. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. m � 'kF� dsA �'°• 64 A 110rr�P„rx SH ENANDOAH \ UNIVERSITY 64A 83 35 ' p SHERWOOD yy i 622 64A 3 Acj APPLE BLOSSOM PROPERTIES H \ �\ \ / ` N ki L ' REZ # 06 - 04 Burlington LLC 5 64A 4 1 �l / \\ PINS j BURLINGTON, LLC r \ �64A 3 B �- / SAHI & c \ % f 64A - 2 -12 \AYANN, INC ! i — — 64A 2 13 0-100 Feet ,��, � �. fs- ` � �- � i�`•� Wim" :- S.t,�t:.3 64 A 110 f HENANDOAH UNIVERSITY Rp �- 64A 83 SHERWOOD-`' $ aIT Q 1 ie RP RP r/ ' /�� \\� / REQ: ## 05 - 04 Burlington LLC 4_sAl, b4A PIN: `•,PY��,,a "� }` a ,��x �'�i�t'���URI�INGTON; LL.Cr� � � / /� \\. �¢r 64A 2 12 a'Cvk �e kf'r ` f (� V�\B / 64A 2 1 / r 4 <t ".F gTr t� ,ti 5 31 x#F� sir, vs�� ' i'l pht ij r Yti'hr r 7 f a u'rtr rEt / wys -sl " Ak /� /� S L V® Fe m W11S ic.�ac. r t t 4 r _ zj' r' f {2t T .i � f � f � l� F / l � yY F •A. q+9 }} i .., ,. � : � Y � I71 +�- � •rte "� :. fi a a. yk � " •yam'• � M I� � i f � y'S � }" '4i.�VIE V f � {;. s�.. I • �'rs.t .�'�F�? rs'y �'. .a 4 �._; y;pa F Raz .' - t .,�'r '4,� f -. ] z,�.'i � I � i .�,'�� .. - r ` r•j I � r#. c+ � � a � r� x"E��� h ti m Isui PIN W 94A ;31j."m1 REZONING REQUEST PROFFER Property Identification Number 64A-2-12 & 64A-2-13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST 24 June 2004 Preliminary Matters Pursuant to Section 15.2-2296 et. Seq- of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #05-04 for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (B-2). 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 successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B-2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriffs Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit. On Site Development The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1 - A full landscape screen shall be installed along the north and east sides of the subject property, as shown on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper. If opaque screen is of block it shall be painted, stucco on both sides or be textured block. The existing trees located along the north and east property lines shall remain and be protected during site development. Further these trees shall be deemed part of the landscape screen, requiring replacement should they die. Page 1 of 4 Item 2 - The site being rezoned shall be used only for parking required for the B-2 use on the adjoining parcel to the south. No buses or tractor trailers, no inoperable vehicles, no vehicles awaiting repair, and no display of vehicles for sale will be allowed on the parcel requested for rezoning. Item 3 - Road access to the combined B-2 use shall be only by approved VDOT entrances on the south parcel and no entrance shall be requested on streets fronting on the parcels requested for rezoning. The existing residential driveway entrance will be removed. Item 4 - The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in/out to allow only westbound access to Route 50. Item 5 - The 3 combined parcels for B-2 use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 - The owner or their representative shall meet with 3 representatives of the adjoining residential neighborhood (College Park Representatives) at their request to review adjoining owners concerns with respect to maintenance and use of the parcel requested to be rezoned. The date, time and place of the meeting will be established within three weeks of notice being given to the owner by the representatives. The owner will be responsible for contacting adjoining owners to select the initial three adjoining owner representatives. These names will be established with the site plan approval. Item 7 - The owner is responsible for maintaining all required landscaping. However, a $10,000 bond will be established, as a part of the site plan approval, as a guarantee that maintenance and replacement of site screening and landscaping will occur as needed. The period of the bond will be 10 years. Item 8 — As part of the site plan approval process, the owner will enter into a standard planting agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A. Item 9 — As part of the site plan approval process the owner shall enter into a standard planting agreement with VDOT to develop the VDOT right -of -wap as shown on Attachment A to include, as a minimum, the trees and shrubs shown and a subdivision identification sign. The nature of the sign will be approved by the College Park Representatives. Item 10 — No outdoor storage will be allowed on the parcel subject to this rezoning. 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 2 of 4 Respectfully submitted, PROPER WNER By: ► ► `r+ ��� Date: 6 t 0 STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: fore oMg ent was acknowledged before me this da of � y �1yA_Q 2004, by , N My commission expires Notary Public Page 3 of 4 ATTACHMENT "A" 911bert W. clxfford & associates division Patton Harris Rust& Associates�pc Engineers. Surveyors. Planners. Landscape Architects. 117 East PiccadillyStreet, Suite 200 RA Winchester, Virginia 22609 T 540.66721339 PH F 540.665.0493 MUWz--PARK-NPRWEI,IEAItS,M I DPJ111Rt, JUS IGiImo: mw SCALE: I"=30 FT. BURLINGTON, L.L.C. DWG. No. REZONING REQUEST PROPOSED COLLEGE PARK 1 OF 1 IMPROVEMENTS SCALE 1' = 30' DATE 5113/D4 w g of ��, n y.�+. '"• � � F A � • e}. a-�.,�x � :�;�� +r �x e, �,,,� � � , z � ;i � ids :i F r rF if {•� .a � -�iA+ 'cYy �I r'h q' I �'�39"3�i� Iq Az 4-e �rrr f• a_.. NIP . �A � �. . rT'� � , a nt � � . II11 ®" z :` tt� k.. , tl � � �f :< 4 {�.•'i h 1F''F' a. �' "+F i„ U T v i rt '{�'��..F. ', i.kr•,. • YG.... �i � � FST � �!' I,`�p •, ��'� :� �� "”' �� + ay�is� �iq� F ;� t � � r,•M7, �F�'�, i�ca ,�3.,.,f�t { �,y t t . l.�jf `J"i.�.�i��— is �'i� ',� Y .� 'Y �7�., �r 2 -.. �P 4 � f'�1 ti� Y r= f�dw«.k,i,,v : er� � � .. yy a ' � •,1' r r ; Fi R f-��.� } 9J ��r �'�i r -'i' '`4r ��1d '` .... � �`"•` yp J e 1't.��„;M.°.+ 5 s e ^',1f4�v }.rr . �i i�,�r . •A .i• �7°rn�+�.5.� P, �L r ,, f + '. ,J ,.:1 F if' .I E #¢ 5" A._i 1 1 1 ��? '' "�� h L � ;T1 �$ ..a 4• : 8€'� �. �+'j.,..l� ,.._ .. <, _ � .,t.: ! - � f s1 {, J �. �. r ,.� ry �e 1. REZONING APPLICA TION - 111 u1 t. Now \ Y 7 r•!, 460 g a OF MS r :>> . q� IY p .., S- �` •*' I � � d,' -4:1,4 .. � � : � 4�'`` ' �� #q 'i � ' �:''id tiM1 y�p� Jq lie <r I r,�' �� g �4, °` ^`. v*. . "'•°'.r 1994, BURLINGTON L.L.C. PROPERTY FEBRUARY, 2004 w."tam &fee. Engineem Lad Planners Water Quality 117 E PkadRy St 1PmFaedff, *Of* 22601 VOICE: (510) 667-2139 FAk (510) 666-0493 E►UYI. 9KOWm mr-c- Burlington LLC Rezoning Frederick County, Virginia REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE BURLINGTON LLC PROPERTY Shawnee Magisterial District April, 2004 Prepared by: Gilbert W. Clifford & Associates a division of Patton Harris Rust & Associates, pc 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone: 540-667-2131 Fax: 540-665-0493 Table of Contents I. Application II. Impact Analysis II. Fiscal Impact Proffer Statement IV. Agency Comments V. Survey Plat and Deed VI. Tax Ticket Burlington LLC Rezoning Burlington LLC Rezoning APPLICATION REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed I,t, Planning Staff Fee Amount Paid $ Zoning Amendment Number Date Received PC' Hearing Date BOS 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, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates Inc. Telephone: 667-2139 Address: 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 2. Property Owner (if different than above) Name: Burlington, LLC Telephone: 540-648-4283 Address: 150 Wingate Drive, Winchester, VA 22601 3. Contact person if other than above Name: Chuck Maddox Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 1 5. 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: Bipen Patel 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER USE Vacant Hotel Parking Lot ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. 2 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 64A-2-12 & 13 Magisterial: Fire Service: Rescue Service: Shawnee Millwood Station Millwood Station Districts High School: Middle School: Elementary School: James Wood James Wood Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acre�ER.Curj ent ZoningZonin Requested E�0.78 B2 0.78 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home -1 Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other Parking lot for 100 room motel 3 12. 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. L(we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge.' Applicant(s) ate f Date f Owner(s) Date 2- Date Date 4 64A-2-10 Ra mond M Kackle --��_ vvv 106 Princeton Drive, Winchester, VA 22602 zol Rp 64A-2-11 64A Harley N Oates Sr. 104 Princeton Drive, Winchester, VA 22602 RP -3-A 64A -3-B Apple Blossom Properties Sahi & A ann, Inc. 1370 Neff Ave., Suite U, Harrisonburg, VA 22801 B2 64A-4-1 -W—MW investments 937 Front Royal Pike, Winchester, VA 22602 B2 64A-8-3 Ruth T. Sherwood P.O. Box 2126, Winchester, VA 22604 B2 64 -A -4A l5eG Development Co. 103 Princeton Drive, Winchester, VA 22602 RP 64A-102 Delco Development Co. P.O. Box 334, New York, NY 10021 P.O. Box 334, New York, NY 10021 B2 64-A-107 64-A-110 Ap le Blossom Properties Shenandoah University 1370 Neff Ave., Suite U, Harrisonburg, VA 22801 B2 B2 1460 University Drive; Winchester VA 22601 HE Residential Residential Commercial Commercial Commercial Residential Commercial Commercial Commercial Educational Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) WMV - Investments . & Burlington, LLC (Phone) 540-678-4283 (Address) 1.50 Win ate Drive Winchester VA 226.01 the owners) of all those tracts or parcels of land ('Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by . 02-2194 1 Instrument No. 716 . on Page 8 6 , and is described as 64A 2 12 & 13 College Park Parcel: 64ALot: Block: 4Section: 1 Subdivision:'.N/A do hereby make, constitute and appoint; Ronald Mislowsky (Narne) Charles, E. Maddox, VP, PHR&A (Phone) 540_6.67-213 9 (Address)1.17 E.. Piccad:l Win -chest To act as my true aiid lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: J�k Rezoning (Including proffers); ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) 0 Subdivision %K Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. in witness thereof, e) have hereto t my (our) hand and seal this 19 day of December, 200 3 , Signat.LTe(s) J ^ 1 -✓1 . .�,,,� l State of Virginia, City/County of Winchester To -wit: I,Nfi! rn V 1 n'ff o5 a -Notary Public is and for the jurisdiction aforesaid, certify that the p--son(s) who signed to the foregoing instrument and who is (are) known to me, pers yay,lly appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 'day of a 200 . My. Cornmission Expires° J�FJf i IOC Notary rubllc - ��� Burlington LLC Rezoning II IMPACT ANALYSIS IMPACT STATEMENT BURLINGTON, LLC REZONING Shawnee District Frederick County, Virginia TM 64A-2-12 and 13 .078± Acres April 8, 2004 Current Owners: Burlington, LLC Contact Person: Charles E. Maddox Gilbert W. Clifford & Associates 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 540-667-2139 BURLINGTON, LLC REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of parcel 64A-2-12 & 13, owned by Burlington, LLC totaling 0.78± acres. The subject parcel is located on the east side of Tulane Drive (Route 797), approximately 300 feet from Millwood Pike (US Route 50). The current zoning is RP, Residential Performance District. The applicants propose to rezone the 0.78± acres to B2, Business General District to allow for the expansion of the parking lot to serve a future hotel use on the adjoining parcel. Please see the attached Site Plan entitled Burlington, LLC, Rezoning, prepared by Gilbert W. Clifford & Associates dated February, 2004. Basic Information Location: Magisterial District: Property ID Numbers Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN 1. Urban Development Area East of Tulane Drive, south of Princeton Drive Shawnee 64A-2-12 & 13 RP District Residential Parking Lot B2 District 0.78± acres Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. 1 A. SUITABILITY OF THE SITE Armee The subject site, tax parcels 64A-2-12 and 13 have approximately 420 feet of frontage along Tulane and Princeton Drives. The development of this property as a parking lot will allow for the elimination of an existing private residential access drive serving the existing residence on the subject parcel. Flood Plains The site is located as "Zone C", area outside the 100 -year flood plain. Wetlands The National Wetlands Inventory Map indicated that there are no wetlands on the subject site. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Frederick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 36, and contains the following soil type: 3B Blairton, Silt Loam, 2-7% covers 100% of the site. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RP District Residential South: Zoned B2 District Future Hotel East: Zoned RP District Residential West: Zoned B2 District Holiday Inn 2 C. TRANSPORTATION The proposal to rezone the 0.78± acre -parcel to B2 District to allow for the expansion of the adjoining parking lot will allow for the elimination of an existing private access drive on Princeton Drive. The applicant has proffered that access to this parcel will occur via existing entrances to the adjoining site. Therefore, the proposed rezoning will mitigate an existing impact to Princeton Drive, thus improving access management in this area. D. SEWAGE CONVEYANCE AND WATER SUPPLY The adjoining site has public water and sewer service provided by the City of Winchester Public Utilities Department. No water or sewer service will be required to serve the 0.78± acre -parcel once it is rezoned and developed as a parking lot. Therefore, there is no impact to water supply or sewage conveyance systems. E. DRAINAGE The 0.78± acre -parcel naturally drains to the north and east. The development of this parcel as a parking lot will be designed to direct storm water to the south to an existing culvert pipe at US Route 50. The net impact to stormwater flow along Princeton and Tulane Drive therefore is positive. F. SOLID WASTE DISPOSAL The proposal to rezone the 0.78± acre -parcel to B2 District to allow for the expansion of the adjoining parking lot will allow for the elimination of a single family dwelling. Therefore, the proposed rezoning will mitigate an existing impact for solid waste disposal. G. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify potentially significant structures on the 0.78± acre -parcel or within proximity of the subject site. M OTHERIMPACTS The proposal to rezone the 0.78± acre -parcel to B2 District to allow for the expansion of the adjoining parking lot will not impact other services provided by Frederick County and/or the City of Winchester. 3 Burlington LLC Rezoning III PROFFER STATEMENT REZONING REQUEST PROFFER Property Identification Number 64A-2-12 & 64A-2-13 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 FAST 24 June 2004 Pre_ liminary Matters Pursuant to Section 15.2-2296 et Seed_, of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #05-04 .for the rezoning oft0.78 acres from the Residential Performance (RP) to Business General (B-2). 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 successor or assigns. Monetary- Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B-2, a monetary proffer will be provided to Frederick County Fire and Rescue in the amount of $2,000.00 and the Sheriff's Office in the amount of $1,000.00. Payment shall be made at the time of issuance of building permit On Site Development The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1 - A full landscape screen shall be installed along the north and east sides of the subject property, as shown on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees per 10' of screen. There shall be at least 3 species of plants, with the majority being evergreens, and at least 1/3 being deciduous. All trees will be 4' tall at planting and be 2" in caliper: If opaque screen is of block it shall be painted, stucco on both sides or be textured block The, existing trees located along the north and east property lines shall remain and be protected during site development Further these trees shall be deemed part of the landscape screen, requiring replacement should they die. Page 1 of 4 Item 2 - The site being rezoned shall be used only for parking required for the B-2 use on the adjoining parcel to the south. No buses or tractor trailers, no inoperable vehicles, no vehicles awaiting repair, and no display of vehicles for sale will be allowed on the parcel requested for rezoning, Item 3 - Road access to the combined B-2 use shall be only by approved VDOT entrances on the 'south parcel and no entrance shall be requested on streets fronting on the parcels requested for rezoning. The existing residential driveway entrance will be removed. Item 4 - The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to -tight in/out to allow only westbound access to Route 50. Item 5 - The 3 combined parcels for B-2 use shall have one only VDOT approved entrance on Tulane Drive to the west. Item 6 - The owner or their representative shall meet with 3 representatives of the adjoining residential neighborhood (College Park Representatives) at their request to review adjoining owners concerns with respect to maintenance'and use of the parcel requested to be rezoned. The date, time and place of the meeting will be established within three weeks of notice being given to the owner by the representatives. The owner will be responsible for contacting adjoining owners to select the initial -three adjoining owner representatives. These names will be established with the site plan approval. Item 7 - The owner's responsible for maintaining allrequired landscaping. However, a $10,000 bond will be established, as a part of the site plan approval, as a guarantee that maintenance and replacement of site screening and landscaping will occur as needed. The period of the bond will be 10 years. Item 8 — As part of the site plan approval process, the owner will enter into a standard planting agreement with VDOT to maintain the 5,000 sq. ft. area shown on Attachment A. Item 9 —As part of the site plan approval process the owner shall enter into a standard planting agreement with VDOT to develop the VDOT right-of-way as shown on Attachment A to include, as a minimlma, the trees and shrubs shown and a subdivision identification sign. The nature of the sign will be approved by the College Park Representatives. Item 10 — No outdoor storage will be allowed on the parcel subject to this rezoning. 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 requitements set forth in the Frederick County Code. Page 2 of 4 Respectfully submitted-, PROPER WNER Bye �t Date: t STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: fore o tt{ 11t nt -was- before me this day of 200 by ;`-�� My commission expires Notary Public,; Page 3 of 4 Sheet 3 of 3 1114 BURL.NCTON L.L.C. gilbert w. clifford & associates ti a division of GENERAL/ZED DEVELOPMENT PLAN Patton, Harris, Rust & Associates, pc O O O 117 E Picadlty St Winchester, Virginia 22601 FREDERICK COUNTY, WRGIN/A VOICE: (540) 667-2139 FAX; (540) 665-0493 Sheet 3 of 3 ' PIC BURUNGTON TO FINALIZE AGR TO MIAINTAIN 5000 Sy SHADE EA r r oo ao o h a S WITH SITE PLAN APPROVAL h ` lb a ig tom_ LLJ L r le Q �, Jam: V .PIN: OAKS,; : RSD Sl�DS : Pc o+z6. 2 CALIPER. ®. fi` ,P1ANj1NG-�" 0 HT.: �' �� IN N. • ' :: ; ' :_ Q : : : : ' ::: ' ::.• m PROPOSED 6 HETZ HO ES . ' 3�+no 24 WIN. HEIGHT AT P NG 36+00 — au� 'TUUAN : D CUE. Q,— M -,P'TM ION: % R-12.5' _ ff gubert w. clifford &associates Patt0ri Harris Rust n& Associates pt Engineer -s -Surveyors_ Planners. Lcndscape Architects- • 717 Easf Chez Pi, Virginia Sipaet260 Suite 200 ++�!! `1 Winchester, Vrainia 226D7 T 540_667.2,,39 F 540.6a5.D4E3 —D�nK-1LF�r' {5 D4b'� �P.,4W JPS PA SCALE: 1 —30 FT. _ BURLINGTON, L.L.C. REZONING -REQUEST °wc. NO. PROPOSED- COLLEGE PARK 1 OF 1 IMPROVEMENTS SCALE 1 = 30' NT I- "Burlington LLC k.REZONING_i 31 11. DUMMY COUNIYOFIREDERICA 1-7RONTIA 1, L -.B R UA R V 2004 ve, m _0s„ 4 J.- 01 gilben W. Clifford associates kI A Md Burlington LLC Rezoning IV AGENCY COMMENTS Rezoning Comments __ )Burlington, LLC Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, VA 22601 (540) 667-1815 City of Winchester Hand deliver to:, Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, VA Applicant:. Please fill out, the information as accurately as possible in order to assist the City of Winchester`. with their reviw_ Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address: c% C. E. Maddp& Jr., P.E.. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres City of the #er's Coiments. City if Winchester's Signature & Notice to City of Winchestfr— Pl6pse Return This Form to the 20 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 2, 2004 Mr. Tom Price Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite_ 200 Winchester, Virginia 22601 RE: Preliminary Review Comments for Burlington Rezoning Property Identification Numbers (PIN) 64A-2-12 and 64A-2-13 Dear Torn: Thank you for providing me with the opportunity to review the preliminary rezoning application for the proposed development referred to as the Burlington Rezoning. This rezoning application proposes to rezone .78 acres from the RP (Residential Performance) District to the B2 (Business General) District with the intent of using the property as a parking lot for a future hotel/motel. Staff's review comments are listed below for your consideration. 1) General Development Plan. Please show and/or label all zoning buffers and screens and proffered landscaping improvements on the General Development Plan. Please remove what appears to be existing trees from the GDP. These trees can be kept; however, showing them on the GDP is more confusing than helpful. Please also consider proffering general conformance with the GDP. 2) Screening Detail. An upgraded fence and screen would benefit adjoining residential properties. Please consider including a screening detail with the proposed GDP. 3) Access Management. Allowing access to the property exclusively through the southern parcel (hotel site) and removing all existing entrances would help mitigate potential traffic impacts. Staff would suggest that this type of proffer be considered. 4) Allowable Uses. Staff suggests that the owner consider proffering to only use the property as a parking lot. This would ensure that the property would not be used for something else in the future without further review by the County. 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Preliminary Review Comments - Burlington REZ Mr. Tom Price March 2, 2004 5) Millwood Pike Entrance. Staff opposes not removing the existing entrance off ofMillwood Pike, because this entrance does not meet the minimum spacing distance from the Tulane Drive Intersection. Please consider removing this entrance from the rezoning's GDP. A shared entrance with the Motel 8 site would be desirable over such an entrance. A waiver from the Planning Commission would be necessary to allow this entrance to remain where It is. 6) Tulane Drive Entrance. Consider proffering language which limits the hotel site to only one entrance off of Tulane Drive, and that this entrance will be at the location shown on the General Development Pian. 7) Landscaping. Please note that you do not show an evergreen hedge row screen around the entire perimeter of the parking areas facing adjoining roads. Such an evergreen hedge row would be required by the Zoning Ordinance to screen the parking areas (headlights) from Tulane Drive and Millwood Pike. Updating any proposed landscaping illustrations would be appropriate. 8) Parking Layout. Please be advised that the landscaped islands shown in the center of the proposed parking lot of the subject properties appear unusual and will be questioned if a site plan shows this same layout. Staff would suggest eliminating the four parking spaces within this center landscaped area and replacing them with landscaped area. 9) Special Limited Power of Attorney. Please have the property owner complete the attached special limited power of attorney form which authorizes you to represent them during the application process. 10) Deed and Plat. Please provide a copy of the most recently recorded deed and plat or survey of the .78 acre parcel. A copy of the deed and plat of the old Hardee's lot would also be helpful since,,nil are including this lot to the GDP. 11) Verification that Taxes have been Paid. Please provide a receipt from the Treasurer's office which verifies that real estate taxes to the property have been paid. 12) Impact Statement. Please provide an impact analysis statement for this rezoning as specified in the rezoning application. 13) Fees. The fee for this application includes a $1,000.00 base fee plus $50.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of $1,089.00 is due upon submission of the official rezoning application. Page 3 Mr. Tom Price Preliminary Comments - Burlington REZ March 2, 2004 14) Agency Comments. Please provide appropriate agency comments for the following agencies: Frederick County Fire Marshal, Frederick County Public Works, Frederick County HRAB, Frederick County Parks & Recreation, City of Winchester, Frederick County Sanitation Authority, Frederick County Service Authority, Virginia Department of Transportation, and the Frederick County Attorney's Office. All of the above comments must be appropriately addressed before staff can accept this rezoning application. Please do not hesitate to contact me with questions regarding this application. Sincerely, may. yz J f F Jeremy F. Camp, Planner II JFC/bad Attachment: Power-of-Attomey Statement Rezoning Comments Burlington, LLC Frederick County Department of Inspections Mail to: Frederick Co. Dept. of Inspections Attn: Director of Inspections 107 North Kent Street Winchester, VA 22601 (540) 665-5650 Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4`i' Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Department of Inspections Comments: t A- e-7 lye i Public Works Signature & Date: Notice to Dept. of Publi rks — Please Return This In to the Applicant 12 �r Rezoning Comments Burlington, LLC Frederick County Department of Public Works Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4th Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address Location of Property: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. C13 y (1nc6�--n,Lic-) Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Deptment of Public Work's Comments: LimkaA OLL l v;'��t _ h vt 1 K5L L'OO ci v _ flu I t.A v Public Works Signature & Date: Notice to Dept. of Public Works 4ease Return This orm to the Applicant 10 Rezoning Comments , Burlin on LLC Virginia Department of Transportation Mail to: Hand deliver to: Virginia Dept. of Transportation Virginia Dept. of Transportation Attn, Resident Engineer Attn: Resident Engineer 14031 Old Valley Pike 14031 Old Valley Pike Edinburg, VA 22824 Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location snap, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540,)667-2139 Mailing Address: Location of Property: c/o C. E. Maddox, Jr., P.E.. VP 117 E. Piccadilly Street, _ Suite 200 Winchester, VA 22601 East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage; 0.78 Acres Virginia Department of Transportation Comments: documentation within the application to rezone this property appears to have little measurable impact on Routes5d) & 797. These n proffers offered in the Burlington, LLC rezoning application dated March 17, 2004 addresses transportation concerns f data from the I.T.E. Trin Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way improvements and drainage. Any work performed on State's right-of-way must be covered under a Ino se pe is permit is issued by this office and requires an inspection fee and ay bond coverage. VDOT Signature & Date: i.,- V V Notice to Advisory Board — Please Return This Form to the Applicant 10 Rezoning Comments Burlington, LLC Frederick — Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 Cmc, c�y c)v'l Ja r h4�-a_-i� Fig Applicant: Please fill out the information as accurately as possible in order to assist the Frederick - Winchester Health Department with their review. Attach a copy of your application form, location :rap, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage. 0.78 Acres Frederick — Winchester Health Department's Comments: h i t'E�1 :x�a� rrwni 1"s wa�J' LLon, 4y "ir aeaat�_,J-et,.i iii;e, Jnr. r vork ,50Wf' nm, , r# irzLId. 1 J Signature & Date: Notice to Health Department — Please Return This Form to the Applicant II 15 Rezoning Comments Burlington, LLC Fire and Rescue Company Name of Fire & Rescue Co. Address & Phone Millwood Station P.O. Box 3037' Winchester, VA 22604 667-1535 Applicant: Please Fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information, Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Fire and Rescue Company's Comments �/�c ��,�i= s N.�c/J %D C%.c�o,�vi✓ moi` /��+�i.a� �.�-O®7c->Z 77�ric r Fire & Rescue Company's Signature & Date: Notice to Fire & Rescue Company — Please Return This Form to the Applicant 21 Rezonine Comments Burlington, LLC Superintendent of Frederick Co. Public Schools Mail to: Frederick Co. Public Schools Attn: Superintendent P.O. Box 3508 Winchester, VA 22604 (540) 662-3888 Hand deliver to: Frederick Co. Public Schools Attn: Superintendent School Administration Bldg. 1415 Amherst St. Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Superintendent of Public Schools with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Superintendent of Public Schools' Comments: Superintendent Signature & Date Notice to School Superintendent — Please Return This Form to the Applicant 13 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 February 17, 2004 Mr. Tom Price Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Burlington LLC Rezoning Dear Mr. Price: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the First and Second Battles of Winchester; however, they are currently part of College Park subdivision and already contain a house and, therefore, have lost their integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Mills Planner I CEM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 WINCHESTER RMONAL AIRPORT SERVING THE TOP OF V3RGINIA / February 11, 2004 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Thomas Price Gilbert W. Clifford & Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comment Burlington LLC Shawnee Magisterial District Dear Mr. Price: The proposed rezoning request for the Shepard properties is in conformance with the Frederick County Comprehensive Policy Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not have an impact on operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, S. R. Manuel Executive Director Rezoning Comments Burlington, LLC Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662-2422 Winchester Regional Airport Hand deliver to:, Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres [[Winchester Regional Airport's Comments r• ��� Winchester Regional Airport Signature & Dater Notice to Winchester Regional Airport — Please Return This Form to the Applicant 19 Rezoning Comments Burlington, LLC Frederick County Department of Parks & Recreation Mail to: Frederick County Dept. of Parks & Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 Hand deliver to: Frederick County Department of Parks & Recreation Co. Administration Bldg., 2nd Floor 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address Location of Property: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres FF Dept. of Parks & Recreation Comments: No Comm n Signature &Date: Q k 2/5/04 Notice to e t. of Parks & Recreation — Please Return This Form to the Applicant MA 12 RezoninE Comments Burlint4ton, LLC Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Sanitation Authority Comments: Sanitation Authority Signature & Date Notice to Sanitation u ority — Please Return This Form to the Applicant 14 Rezoning Comments Burlington, LLC Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, VA 22601 (540) 667-1815 City of Winchester Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, VA Applicant: Please fill out the inforination as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres City of Winchester's Comments: ..1�- I is �h�r�vJ tt�r e J i ICY L) Sc /�SE -,a_ 5r i? jh i s�ci-r S-eet4r� Ile Pyar eyll 4r m et Or ` 151 n I M416 fs5�-( 6; i 4/ Sr e'F / 534-e C7L City if Winchester's Signature &Date: -� \ Notice to City of chest — Please Return This Form to the Ap4cant 18 Rezoning Comments Burlington, LLC Mail to: Frederick Co. Fire Marshal 107 N. Kent St. Winchester, VA 22601 (540) 665-6350 Frederick County Fire Marshal Hand deliver to: Frederick Co. Fire & Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1St Floor 107 N. Kent Street Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: Location of Property: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres Fire Marshal's Comments: Fire Marshal's Signature & Date Notice to Marshal —Please Retur This Form to the Applicant 11 Control number RZ04-0001 Project Name Burlington,LLC Address 117 E.Piccadilly Street Type Application Rezoning Current Zoning RP Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified erick Courity Fire and Rescue: Department 'Office of the Fire faPershai gIan Rsview and Comments Date received Date reviewed Date Revised 2/5/2004 2/6/2004 Applicant G.W.Clifford & Associates City State Zip Winchester VA 22601 Tax ID Number Fire District 64A-2-12 & 13 21 Recommendations Automatic Fire Alarm System Yes Requirement's Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Applicant Phone 540-667-2139 Rescue District 21 Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Emergency Vehicle Access Comments `ir !anes anu'e(.inmency ven( .le access Tali he 1[l:^.'[ ti. led du, -i a i::e s(ie' !3&r P,.�ceSs anv sh is I: eet the Iequiram e`!ts of rsder;ck Coiumi Cate section 9C-4 and the i nte.,n,4'onai -i,, vii: Access Comments Firs .ar:.a..meUir-d at "..iI ire hiuian'. `fs department "c:i:vl� 8iG ^ t n-ni-'3' anc4 ehe;Gcnu,,' Eccess points X th8 St; Uviu'c. Additional Comments 1-5'�i:l.r -lipi13,,., 1 Cf .tl,..,..� :i. l� :r .., `.f 71e M."Lvrnalllui:�'l FIly iii (i_F"ce ai E. n ; "'Mee L. ­al&Q� �7 's, Plan Approval Recommended Reviewed By Signature Yes Timothy L. Welsh _.. Title Rezoning Comments Burlington, LLC Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred -Wine Service Authority Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director Attn. Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, VA 22604 Winchester, VA 22601 (540) 722-3579 Applicant: Please fill out the inforrnaiion as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (54667-2139 Mailing Address: Location of Property: c/o C. E_ Maddox. Jr., P.E.. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 East of Winchester and north of US Route 50, on the east side of Tuiane Dri behind the former Hardee's Restaurant. r VOL2 5l`6"� Current Zoning: RP ^ Zoning Requested: B-2 Acreage: 0.78 Acres Fred -Wine Servife Authority's Comments: Fred -Wine Service Authority's Signature & Date: %VA.Ak,!� ° D Notice to Fred -Wine Service Authority — Please Return This Form to the Applicant 24 Rezoning Comments Burlin on, LLC Frederick County Attorney Mail to: Hand deliver to: Frederick County Attorney Frederick County Attorney Co. Administration Bldg., Suite 202 Co. Administration Bldg., Suite 202 107 North Kent Street 107 North Kent Street Winchester, VA 22601 Winchester, VA (540) 665-6383 Applicant:. Please fill out the information as accurately as possible in order to assist the County. Attorney's office.with theirreview. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Gilbert W. Clifford & Assoc. Phone: (540)667-2139 Mailing Address Location of Property: clo C. E. Maddox fr., P.E.. VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B-2 Acreage: 0.78 Acres County Attorney's Comments: Assistant Co Signature & t Burlington LLC Rezoning V SURVEY PLAT & DEED )N 6 JOHNSTON r wEYs AT LAW R;HESTEq MKONI4 02002-1<4A C) 0 w THIS DEED, made this 13 day ofJL::;�f jLe,2002, by and between LDRED A. FLEET, Widow, of the first part, hereinafter called the Grantor; and a Virginia Limited Liability Company, of the other part, thereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars !($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances thereto belonging, all that certain lot of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the South side of Irinceton Drive, in Shawnee Magisterial District, Frederick County, Virginia, iesignated as Lot No. 12 on the plat of College Park Subdivision, prepared by Lee k. Ebert, C. L. S., of record in the Clerk's Office of the Circuit Court of Frederick ,ounty, Virginia in Deed Book 261 at page 208; Lot No. 12 having a frontage on ;aid Princeton Drive of 100 feet and extending back for a distance of 202.24 feet in its eastern boundary and 208.8 feet on its western boundary with a width in he rear of 70 feet; and being described in the Deed of Dedication dated lovember 30, 1959, and recorded In the aforesaid Clerk's Office in Deed Book 61 at Page 206, to which Deed and plat and the references therein contained, Aerence is made for a further description of said property; and being a portion of ie same property which was conveyed to Marvin C. Fleet and Mildred A. Fleet, this wife, as tenants by the entirety, with survivorship as at common law, by deed f from Francis P. Lages, at ux dated May 18, 1965 and recorded in the aforesaid Clerk's Office in Deed Book 311 at Page 218. Upon the death of Marvin C. Fleet, intestate on June 15, 2002, Mildred A. Fleet, the Grantor herein, became the sole owner of said property. Reference is hereby made to the aforesaid instruments for a further and more particular description of the property herein conveyed. C) 0 r - This conveyance is made subject to all easements, rights of way and restrictions of record, If any, affecting the subject property. WITNESS the following signature and seal: EALI rad A. Fleet STATE OF KLka, A�, CITY/COUNTY OFe To -wit: The foregoing !f instrument was acknowledged before me this f �_ day of jE,-- 20 G[Ipl,Shbaf widow. My commission expires RaemR toc Notary Public VIRGINIA FREDERICKCOUN'TY, SCI'. This instrument of writing was produced to roe on �' �acknO atand with certifieate owledgrment ihi .to annexed was admitted to record. T imposed by Sec. 58.1-802 of co $ �!r% - and 58.1-801 have been paid, if assessable 4, Clerk ON & JOHNSTON RNEYS AT{AW ESTER, VIRGINIA i 1� i1 " II [if -2- 030000900 0 C3 s THIS DEED OF CORRECTION made and dated as of theme day of January, 2003, by and between MILDRED A.LF EET Widow, of the one part, hereinafter called the Grantor, and BURLINGTON, L.L.0 , a Virginia Limited Liability Company, of the other part, hereinafter called the Grantee. WHEREAS, by Deed dated December 13, 2002, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as LRO20021941, the Grantor herein conveyed a certain property to the Grantee herein, said property being -therein designated as Lot 12 on the plat of College Park Subdivision (Tax Map Parcel 64A-2-12); and WHEREAS, it was the intention of the Grantor to include in the aforesaid conveyance two contiguous tracts of land, one designated as Lot 12 (Tax Map Parcel 64A- 2-12) which was conveyed by said Deed and one designated Lot 13 (Tax Map Parcel 64A- 2-13) which was omitted; and WHEREAS, in order to correct the aforesaid Deed, the parties bave agreed to this conveyance. WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom and the consideration heretofore paid, the Grantor does hereby convey with General Warranty and with English Covenants of Title unto the Grantee, in fee -simple, together with all rights, rights of way, privileges, appurtenances and improvements thereunto belonging, all the following described realty, to -wit: "-,N & JOHNSTON AD those two (2) certain lots or parcels of land lying EYS AT LAW TM VIRGINIA and being situate on the South side of Princeton Drive, Shawnee Magisterial District, Frederick County, Virginia, designated as Lots No. 12 and 13 on the plat of College Park Subdivision, prepared by Lee A. Ebert, C.L.S., of record in the aforesaid Clerk's Office in Deed Book 281, at Page 208, Lot No. 12 having a frontage on said Princeton Drive of 100 feet and extending back for a distance of 202.24 feet on Its Eastern boundary and 208.8 feet on Its Western boundary, with a width in the rear of 70 feet, and Lot No. 13 having a frontage of said Princeton Drive of 80 feet and extending back for a distance of 208.8 feet on its Eastern boundary and 199.03 feet on its Western boundary, with a width in the rear of 67.9 feet; and being the same realty conveyed to Marvin C. Fleet and Mildred A. Fleet, his wife, as tenants by the entirety, with survivorship as at common law, by deed from Francis P. Lages, et ux, dated May 18,1965, duly recorded in the aforesaid Clerk's Office in Deed Book 311, at Page 21 S. Upon the death of Marvin C. Fleet, intestate, on June 15, 2002, Mildred A. Fleet, the Grantor herein, became the sole owner of said property. A reference to the aforesaid instruments and to the references therein contained is here made for a further and more particular description of the realty hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants, rights of way and easements of record, if any, affecting the aforesaid realty. WITNESS the following signature and seal: � �d�SEAL) Mildred A. Fleet i JOHNSTON A fS AT LAW �hc STER, VIRGINIA STATE OF NEBRASKA, CITY/COUNTY OFLa , To -wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this—/--// day of January, 2003, by Mildred A. Fleet, Widow. My commission expires -7�Ed 11 WMM ebraska04 otary Public (NOTARY SEAL) WRGINIA-, FREDERICK CoUNi'Y, SCI ` v This inetrumeat of wridnB w- pmdumd to ate on and with certificate of acknowladgcment thereto annexed was admitted to record. T imposed by Sec. 58.1-802 of S-- -r— . and 58.1-801 have been paid, if assessable ^N & JOHNSTON 'S AT LAW '" .cR, VIRGINIA M ry 0 cb Burlington LLC Rezoning vi TAX TICKS T 1 , T" N6 3r' T —`� - 0011020195 Gust .Transact ions : -- Fae : PAY Dept/id i 1 I # ; RE2003; E14100FjE30002 P/I Date ; 2/04/#'004 .2104/2004 Name rrie 2 ; UR GT N LLC B.f I 1 Uate : 12/06/2003 Fla 1 f : 2 Na ; Address: - .102 PRTNrE roN DR Map# : SIA 2 1 I41NCHESTER' yA - MMMMMDDSSLLLLS Zip; Keang -.1361 Acreage: .00 Dist/Cls ` 02 Desc : CCILLEGE PARI{ � 13 Mortg . Co , ® 00 Land :. 1 1 ,BBQ Improve: Status: Original BiI1 $40:15 $B Use: .. Credits: $t10 • 15 Discount. $.00 y....•....•. .,,.•. ........... Date Tti*oe rawer T_ .. ..... . 12/06/2003 CNG _ Cherie �umtier^ Trans. Amount Balance 12/04}2043 PAY COS 26020 16 102115 $40,15 $40.15CR I . r _ _ _ _-- 000020194 Cust . Transact ions Trans. Type: PAY Dept/Hill#: RE2003r00040110Q42,P/I Datil; 2104/2004 2/0412004 Name - 2; Name: BURLTNG70N LLC Bill Date; 12/00/200 :3 Half2 Address: Map#: 64A 2 12 102 PRINCETON WINCHESTER' DR VA MMMMhIDOSSLL1-1-S Zip; 226 -. 4301 Acreage: Mortg.Ca.: .00 Dist/Cis 04 02 Deso: COLLEGE PARK 1-12 SSN: 000.- 00 - 0000 000 - 00 - 0000 Status: Land: Original Bill: $33,500 $667•22 Improve:_ Gred.its: $149,300 Use: $0 $667.22 Discount: • • . . • • • • . • • • • • • . . . • • • • • y *.Be w • • • • e • • ■ Date Type Drawer Trans# 12/06/2003 CHG I Chepk Number •brans. • • • • Y • • . • • • • w Y AMount Belante 12/04/'2003 PAY COS 26020. iB 1021 $667.22 t667.22 $607.22c" $•00 I REZONING APPLICATION #10-04 A.P.R. MINI-STOARGE, LLC Staff Report for the Planning Commission Meeting Prepared: July 30, 2004 Staff Contact: Candice E. Mills, Planner I This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 08/18/04 Pending Board of Supervisors: 09/08/04 Pending PROPOSAL: To rezone a total of 12.6607 acres from the RA (Rural Areas) to the BI (Neighborhood Business) District and the B2 (General Business) District. This application seeks to rezone 2.5473 acres from RA (Rural Areas) District to BI (Neighborhood Business) District and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. LOCATION: The subject acreage is located on the north side of Route 776 about 500 feet east of the intersection with Route 522 MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64B -A-38 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) West: RA (Rural Areas) Unimproved/Airport Residential Residential Residential PROPOSED USE: General Office/Mini-Storage REZ #10-04, A.P.R. Mini -Storage, LLC Page 2 July 30, 2004 REVIEW AGENCY EVALUATIONS: VirLyinia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 776. This route is the VDOT roadway which has been considered as the access to the property referred. VDOT is satisfied that the transportation proffers offered in the APR Mini Storage, LLC rezoning application dated April 9, 2004 address transportation concerns with this request. Department of Public Works: All of our previous comments have been addressed. Therefore, we recommend approval of the subject rezoning. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not impact historic resources. The Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any battlefields or significant historic structures either on or adjacent to the subject properties. Winchester Regional Airport: See letter from Serena Manuel, Executive Director, dated February 19, 2004. See Letter from Serena Manuel dated June 21, 2004. Frederick -Winchester Service Authority: No comment. Sanitation Authority: Water and sewer capacity is available. Frederick -Winchester Health Dept.: Health Dept. has no objection to rezoning. Central water and sewer provided. Frederick County Fire Marshall: Water supplies for firefighting and access shall be identified during the site plan process and meet the requirements of Frederick County Code Section 90-4 and the Fire Prevention Code in effect at the time. Roadway improvements may be necessary. The Millwood Station Volunteer Fire & Rescue provides the protection as well as Emergency Medical Services to the parcel. The Impact Analysis Statement indicates over one hundred thousand dollars impact on these services but the Proffer Statement does not indicate a monetary contribution. Millwood Station should be provided an opportunity to comment on the project. Plan approval recommended. First Responder - Millwood Fire & Rescue Company: Proper hydrant space as well as 24 access to the site. Frederick County Attorney: No comment. Planning & Zoning: 1) Site History: The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcel as being zoned B-1 (Business General). The REZ #10-04, A.P.R. Mini -Storage, LLC Page 3 July 30, 2004 parcels were re -mapped from B-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #012-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Site Suitability: The subject property does not contain any environmental features or constraints that would either hinder or preclude site development. In particular, the site does not include any areas of steep slopes, flood plain, or wetlands/hydrologic soils. The General Soil Map of the Soil Survey of Frederick County Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. It is noted that the majority of the site is open. As reported in the Impact Analysis Statement, there are some mature trees located along the north boundary line, but the site is generally considered to be without mature woodlands. 3) Comprehensive Policy Plan: The subject property is located wholly within the Sewer and Water Service Area (SWSA), and is included within the boundaries of the Route 50 East Corridor Land Use Plan. The Route 50 East Plan envisions the area that includes the subject parcel as developing with business/office land uses. (Comprehensive Policy Plan, p. 6-19) The subject parcel is also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein the development of business and industrial land uses is promoted to minimize conflicts and ensure the feasibility of future airport expansion. (Comprehensive Policy Plan, p. 6-61, 6-63). The Airport Authority has initiated efforts to obtain a portion of the subject property to serve airport runway approach areas. (See letter from Serenal Manuel, Executive Director of the Winchester Regional Airport, dated February 19, 2004) Al Potential impacts A. Transportation: As noted in the Impact Analysis Statement, the applicant has identified 20,000 square feet of office use(s) and 150,000 square feet of a mini -storage use as the identified land uses on the subject 12.6607 acre site. REZ #10-04, A.P.R. Mini -Storage, LLC Page 4 July 30, 2004 To project the traffic impacts associated with such a land use scenario, the applicants employed trip generation data for office and mini warehouse facilities published in The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6h Edition. The trip generation figures provided for mini warehouse for the B-2 portion are 540 average vehicle trips (VPD) per 1,000 square feet of floor area on weekdays and 503 VPD per 1,000 square feet of floor area on Saturdays. The trip generation figures provided for general office in the B-1 portion are 367 VPD per 1,000 square feet of floor area on weekdays and 79 VPD per 1,000 square feet of floor area on Saturdays. The projected traffic generated by the applicant's proposal would therefore range between 907 VPD (weekdays) and 582 VPD (Saturdays). VDOT Comment: The documentation within the application to rezone this property appears to have a measurable impact on Route 776. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the APR Mini Storage, LLC rezoning application dated April 9, 2004 addresses transportation concerns associated with this request. Planning Staff Comments: • The land uses that the applicant has used to calculate the trip generations for this project have not been proffered. Any use(s) allowed in the B-1 and B-2 zoning districts could therefore be developed on this site, along with their associated traffic impacts. The most intensive use scenario for this site is 33,288 square feet of retail on the B-1 portion and 216,032 square feet of retail on the B-2 portion. The trip generation figures provided for shopping centers are 42.92 average vehicle trips (VPD) per 1,000 square feet of floor area on weekdays and 49.97 VPD per 1,000 square feet of floor area on Saturdays. The projected traffic generated by the most intensive use scenario for this site would therefore range between 10,701 VPD (weekdays) and 12,456 VPD (Saturdays). The segment of Bufflick Road serving the subject parcel is comprised of two (2) travel lanes. The applicants have proffered that a traffic impact analysis (TIA) shall be prepared should the initial site plan provide for a land use with a traffic generation projections exceeding 600 VPD that utilizes Bufflick Road. After the issuance of the Certificate of Occupancy for the use specified in the initial site plan, the Property Owner shall conduct a periodic actual count of the vehicle trips per day from the property. If the outs reveal that more than 600 VPD are generated from this property, the property owner shall conduct the TIA. The TIA will identify necessary improvements required to the road system for vehicle trip as attributable to this property. After agreement with VDOT and the property owner, the agreed road improvements shall be installed within nine (9) months. REZ #10-04, A.P.R. Mini -Storage, LLC Page 5 July 30, 2004 Planning Staff Comments: • The addition of trips to public roads is acknowledged as a discernable impact of all new development. However, as per VDOT's comment above, Bufflick Road should be able to adequately accommodate the trip generation projections associated with this application. Staff concurs with VDOT that the improvements proffered by the applicant are sufficient to address the transportation impacts of the proposed rezoning; however, staff does have concerns regarding the wording of the transportation proffer. • The proffer only refers to the initial site plan for the property, meaning that only the first site plan may trigger transportation improvements. The applicant is making an effort to deal with the possibility of a use on the site that has a more intensive use than what is currently proposed; however, the current proffer is limited in that only the initial site plan would trigger improvements in advance of development activity in response to projected impacts. • Under the current proffer statement, if a mini -storage facility is initially constructed on the B-2 portion of the site and does not exceed 600 VPD, a TIA would not be required at site plan. If a subsequent site plan for an additional use is approved for the site, actual trip counts will be the basis to determine whether trips will exceed 600 and a TIA is required. Once the TIA is completed, VDOT and the owner would come to agreement about the improvements that need to be installed. Upon reaching this agreement, the owner has nine (9) months to install the improvements. Thus, improvements would only occur after impacts have introduced to the community, rather than prior to the development based upon traffic projections. B. Historic Resources: The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed rezoning. Moreover, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. C. Sewer and Water: The Frederick County Sanitation Authority (FCSA) is authorized to serve the subject site with public water and sewer due to its location within the SWSA and UDA. The FCSA is the agency responsible for the operation and maintenance of the public water and sewer system to include the Diehl Water Plant and the Opequon Water Reclamation Facility, which are the primary treatment facilities that will serve the commercial uses of the property. REZ #10-04, A.P.R. Mini -Storage, LLC Page 6 July 30, 2004 At the build out that the applicant is proposing, it is projected that the proposed commercial developments on both the B-1 and B-2 portions will generate an average daily sewage flow of 6,500 GPD. The applicant indicates that the sewage from this site will be conveyed to the Opequon Water Reclamation Facility for treatment. Sewage conveyance is expected to occur via an existing eight inch main that is located thorough the north portion of the parcel and a 12" main located along the south and east boundary of the site. The applicant has indicated that the water will be supplied to this site through an existing 16" water main. D. Airport Acquisition Areas: The Winchester Regional Airport Authority has slated the northern five acres of this site for fee simple acquisition. This capital project is included in the Airports Twenty Year Master Plan, Frederick County's Capital Improvements Plan and the Five Year Plan for the Virginia Department of Aviation and the Federal Aviation Administration. The acquisition of this portion of the parcel is necessary because it is located within the Airport's FAR Part 77 primary surface and/or approach surface. The airport has recently completed appraisals of the 5.40 acre site and is prepared to initiate offers to purchase. Winchester Regional Airport: See letter from Serena Manuel, Executive Director, dated February 19, 2004, which states, in part: "The parcel of land you are requesting a rezoning for includes a section of approximately 5.40 acres adjacent to existing airport property identified by the Winchester Regional Airport Authority for fee simple acquisition............... "Land acquisition is necessary because many of the identified parcels are located within the Airport's FAR Part 77 primary surface and/or approach surface. Under the Federal Aviation Administration's Part 77 Surface Requirements, the Airport is required to own fee simple property within the Primary Surface ". (excerpt from Airport comment) See Letter from Serena Maunel dated June 21, 2004. 5) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized and reviewed by the County Attorney's office. The following is a list of the conditions voluntarily proffered by the applicant: • A monetary contribution of $3,000 to Frederick County for the Millwood Fire and Rescue Company at the time the first building permit is issued. • A traffic impact analysis (TIA) for the site will be completed should the initial site plan provide for a land use with traffic generation projections exceeding 600 VTP that utilize Bufflick Road. REZ #10-04, A.P.R. Mini -Storage, LLC Page 7 July 30, 2004 • Said TIA will identify improvements to the road system that will be installed by the applicant during the initial site development phase or at such time as determined by VDOT. • Installation of a buffer or screen along the properties adjoining the proposed B-1 zoning with a double row of white pine trees, the size and spacing of which will be consistent with ordinance requirements for mini -storage • A 50' buffer along the rear of the property. • All improvements will generally be consistent with those shown on the preliminary sketch plan dated April 9, 2004. 6) Issues A) Compatibility. While the current proposed use for the B-1 portion of the site is office and the B-2 portion of the site is mini storage, there have been no uses proffered out for this site. While the uses that are allowed in the B-1 zoning district have relatively low impacts, some uses in the B-2 zoning district could create a possible conflict with the adjoining residential uses. Also, there are significant compatibility issues with the Airport given their plan for acquisition of a significant portion of this site. B) Buffer/Screening. The applicant has proffered to provide a double row of white pines along the properties adjoining the B-1 portion of the site. This is less than what is required for a zoning district buffer by the Frederick County Zoning Ordinance. The minimum zoning district buffer is a category B buffer (50' full screen, 100' landscape screen or 200' no screen). The minimum landscaping required for a landscape screen is a totally landscaped easement at least ten feet in depth with a minimum landscape density of three trees per ten linear feet. It is required that there be at least three species of plants, with the majority being evergreens and at least one third being deciduous. A zoning district buffer will be required at the time of site plan per the Frederick County Zoning Ordinance. STAFF CONCLUSIONS FOR 08/18/04 PLANNING COMMISSION MEETING: This proposed rezoning is a request to rezone 12.6607 acres from the RA (Rural Areas) to the B-1 (Neighborhood Business) and the B-2 (Business General) Districts with the intent to accommodate a mini storage facility and office buildings. The subject property is located wholly within the Sewer and Water Service Area (SWSA). This proposal is generally consistent with the applicable policies of the Comprehensive Policy Plan. Staff would like to note that there are sources of concern regarding the wording of the proffer statement regarding transportation, the applicant's plans for screening of the adjacent parcels and incompatibility with the airport due to their master plan for this parcel. Following the requisite for a Public hearing a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate A. P. R. MINI -STORAGE, LLC REZONING # 10-04 REVISED PROFFERS AND COMMENT SHEETS Proffer Statement1 i Rezoning Request Proffer JUL 2004 Property Identification Number 64B-((A))-38 �� R R KCDU®�, Shawnee Magisterial District.�r l Monetary Contribution to Offset Impact of Development` The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of the Certificate of Occupancy for the use specified in the initial site plan, the Property Owner shall conduct a periodic actual count of vehicle trips per day from the property. If said counts reveal that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607 -acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B-1 zoning with a double row of white pine trees, size and spacing to be consistent with Frederick County Zoning code requirements for mini -storage and that all initial improvements will generally be consistent with those shown on the attached preliminary sketch plan dated April 9, 2004. 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 grants 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. Submitted By: PROPERTY' ER: A.P.R. Mini Storage, L.L.C. By: Date: % - % v STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this °2�hday of , 2004, by auI NeclL My commission expires p Notary Public JULME IV ED 2 8 2004 FREDE LXX (;0Lji r , July 15, 2004 9;20 PM Darren & Pam Foltz 540-868-2963 p.02 Virginia Departmont of Transportation Mail_tob Virginia Department of Transportation Attn: Resident Engineer 14031 Old Vallry Pikc Edinburg, Virginia 22824 (540) 984-5600 Hand dtliver top, Virginia Department of Transportation Attn: Resident Engineer 2275 Noribwestexn Pike Winchester, Virginia 22603 Api Xicsnf : Puiace fill ►ut the inf irnation as accurately A9 possible in order t6 4t Virginia peer eht"b Tx spostatian with their' rryiew. Attach hi6t3. it p ea of ybi r ;appliG tion form, tot: 001i chap, proffer atatemntL impact anal�si9 aeXy; : r. e nen#.ii�6rmaion:.. Applicant's Name:Sira-1 Ce . LL-(!- Telephone; 16 /e -5-211!2Z fj Mailing Address: rl eW" ,& S C" o, Location ofroP�Y e 1�ar'A') S', a e- 6 P n t k, 'yi Q.l7a�� JZ)a % F � �► �' , c� 1r� �.-.�arsQ.r1 �I;rs�r� 1000-) & LOC- 522. Current zoning: alb Zoning requested: - ! Acreage: Z-6-47-3 ��- f Virginia Department of Transportation Comments: the VDOT roadway whlCn nas Deen considered as tilt: access to die property mrcrcnced. VDOT Is satisficd that the transportation proffers offered In the APR MInI Storage, LLC rezoning applicatlon dated April 9, 2004 addresses transportation conoems associated FA 44ro-FequesL Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and review. vDu I reserves tnerg comment on a right-of-way needs, including right-of-way dedications, trainc signalization, and off-site roadway Improvements and drainage. Nry work perfarmad on the Statr='s Hght-of way must be covered under a land use permit. This permit Is Issued by this office and VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant NEI Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia 'i��ESY :i�itrfi.'?���'"Y 2ti4ti ?r•l *;'J:1�lt�^"�:=: .: .,_ .� - '; - _ Lpq A Lcant: leas fi 7oti the uiforroat.ion as accurately as possible m order to assist the + fintli their revie Attach a copy of your application formx� �,:.:t _ , r 1eation�niajj p offs ,sfatement:;impact analysis and any other pertinent information �T, 1T�� 'Nir!d'�`?v!�• air+. ' 1. . { :..; . Applicant's Name: A. 1"- _u l Telephone: t6 5 - 29 4 2 Mailing Address: N�-ev u ") `� C t..T} Location of property: 0� `�� �� q 9 �0 1?6 56 b } EuC)� J 4z Ij, . i �. 52Z . Current zoning: A Zoning requested: h- Acreage g- -7 Department of Public Work's Comments: Public Works Signature & Date: tj 2. 54-`7 3 Ac_ 1 U, 1134 AC. Notice to.Deptt: ofP,ublic, Works = Please:IZeturn This Forn9 to tlDe,Applicant' 21 SUVINC. ME TOP OF VIRGINIA / June 21, 2044 Winchester Airport 6406622936 08/02/04 12:22pm P. 001 FIEF Cou WINCHESTER REGIONAL AIRPORT 1— r 4$1 AIRPORT ROAD W NCHESTRR, VIRGINIA 22602 (540) 552.2422 Eric Lawrence, Director Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: APR Mini -Storage Rezoning Ater, 220074 Dear Mr. La wr ce! f c cz This letter is in response to your question as to the Airport Authority's intentions regarding a parcel of land owned by A.P.R. Mini -Storage, LLC. The parcel of land owned by A.P.R. includes approximately 5.40 acres identified in the Airport Authority's Twenty -Year Master Development Flan for acquisition. This 5.40 acres lies within the airport's approach surface and in accordance with the Federal Aviation Administration regulations needs to be acquired fee simplo. This property does not have to be rezoned for the landowner to receive commercial value. In accordance with public, law, when an airport acquires property, they must have an appraisal along with a review appraisal conducted to determine the fair market value, which would include Fest use. Frederick County's Comprehensive Plan identifies the best use for this land for future development as Business/Office. This designation along with other variables will be used to determine a fair market value, The exact amount of property intended for purchase will be determined by a survey that we "fill have done in order to ensure that the landowner is not left with an uneconornic remnant. We could actually acquire a little more or less than the 5.40 acres. The survey, appraisals and any environmental studies will begin within the next couple of weeks on three parcels including this one. We have begun the process for acquisition of three parcels on Bufflick Road and this parcel is included. If the landowner is willing to sell right now, we encourage him to present us an asking price in order to speed up the negotiation./acquisition process - I hope this answers your questions however, if you have additional questions or need further details, please do not hesitate to contact me. Thank you for your continued support and assistance_ Sincerely, Serena R. Manuel Executive Director Winchester Airport S406622936 RRVING THE TOP qF VIRCJNIA June 21 2004 08/02/04 12:22pm P. 002 WINCHESTER REGIONAL MAPCO A.P,R. Mini -Storage, LLC 127 Mercedes Court Winchester, Virginia 22603 491 AIRPORT ROAD wINCHESTER, VIRGINIA 22602 ffj40) 662•2422 F1 Re: !..and Acquisition — 171 R ;fflick Read Winchester Regional Airport Property Map -- Parcel 53 To Whom it May Concern: aiir, 2 2004 D X COUNTY DEVELOPMENT In the past, the Winchester Regional Airport Authority informed property owners along Bufflick Road that the Airport Authority would at some point in time, begin plans to purchase their property. We are purchasing the properties in order to comply with the federal requirements for noise impact, as outlined in the 1993 Airport Master Plan for Noise as outliner] in the 1993 Airport Master Plan for Noise Compatibility- Your property is one of three currently assigned for acquisition proceedings to be started within the next several weeks, I have enclosed a list of business that may be contacting you on behalf of the Airport Authority. In accordance with the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970, the Airport Authority is responsible for performing appraisals, surveys and in some cases environmental inspections prior to making an offer to purchase. In order to do this, personnel with these companies must have access to your property - An experienced property acquisition professional will be handling the acquisition process and will arrange meetings with you to answer questions and assist you. I have enclosed a booklet published by the Federal Aviation Administration that providcs a brief guide to the acquisition process. However if you have any questions or concerns you can also contact me directly at any time at (540) 662 -5786 - You have been valuab!e neighbor and friend and ! want to assure you that we ::'i!l do everyt!:ing within our means to make this acquisition process a smooth transition_ Thank you for your continued support and cooperation. Sincerely, Serena R_ Manuel Executive Director Enclosure Cc: John Longnaker, Delta Airport Consultants w/o enclosure Joe Delia, FAA/WADO w/o enclosure Tony Cox, I-)OAV w/o enclosure Mark K. Flynn, Legal Counsel, WRAA w/o enclosure Winchester Airport 5406622936 09/02/04 12:22pm P. 003 E"COPY04 l; WINCHESTER REGIONAL AIRPOR I� 491 AIRPORT POAD FREDERICK COUNTY °' Owa,I WG " F E ^ tivINCHESTER. VIRGINIA 22607 PLANNING & DEVELOPMENT �� (540) 662-2422 ebruary 19, 2004 A_P.R. Mini- Storage, LLC 127 Mercedes Court Winchester, Virginia 22603 Re: Rezoning Comments Parcel ID # 64R -((A))-38 — 12.6607 Acres Rezoning Requested R-1/6-2 Shawnee Magisterial District Dear Mr. Foltz: The parcel of land you are requesting a. rezoning for includes a section of approximately 5.40 acres adjacent to existing airport property identified by the Winchester Regional Airport Authority for fee simple acquisition. I have enclosed a copy of the Airport Property Map that shows the section of t# -le parcel needed for acquisition identified on our map as parcel 53, owned by Nicholson. This parcel of land along with several other parcels, has been programmed in the Airport's Twenty Year Master Plan, Frederick County's Comprehensive Plan, Frederick County's Capital Improvement Plan and the Five -Year Plan for the Virginia Department of Aviation and the Federal Aviation Administration. Residents living along the northern side of Bufflick Road that have property identified for acquisition on the Airport's Master Plan were immediately notified upon completion of the Master Plan Update in 1993. They each received a copy of an estimated timetable outlining when acquisition proceedings would proceed, Funding for the preliminary work (surveys, appraisals, environmental assessments, etc.) to acquire three pieces of property including this parcel is in the current budget and is in progress. Funding for the acquisition of land is in the Airport's budget for FY 2005 that begins July 1Jt of this year. For several years, development requiring land acquisition at the Winchester Regional Airport has focused on the Runway 32 (southwest) end. Now that those land projects are complete, the Airport is actively working on acquiring several parcels on the Runway 14 (northeast) which includes the above referenced parcel. Land acquisition Is necessary because many of the identified parcels are located within the Airport's FAR Part 77 primary surface and/or approach surface. Winchester Airport 5406622936 08102/04 12:22pm P. 004 Under the Federal Aviation Administration's Part 77 Surface Requirements, the Airport is required to own fee simple property within the Primary Surface. This requirement is also include in the Code of Virginia 15.2. The five plus acres designated for acquisition lies within the airport's runway protection zone (RPZ) as outlined on the enclosed map, I am available at any time to meet with you or the landowners to work out a solution that would be beneficial to them. However, I am unable to support the rezoning request for tho entire 12 plus acre parcel. On behalf of the Winchester Regional Airport Authority, we discourage a rezoning that would allow for development on the identified five -acre site. Please do not hesitate to contact me to discuss this issue or if you have questions at (540) 662-5786. Thank you for your support and I look forward to working with you on this matter. Sincerely, Serena R_ Manuel Executive Director Cc' Charles L. Wilmot, Jr., Chairman, WRAA w/o encl Eric Lawrence, Director, Frederick County Planning w/o enol Mark K. Flynn; Legal Counsel, WRAA w/o encl rctL If I u - u4 A.P.R. Mini - Storage, LLC (64B - A - 38) 5B2' S4 X 2- /X2 64B A 33A BEAVER RP 64B A 38 A 331 A.P.R. MINI STORAGE, LLC ------------------ 4(e ----------- Ann AV; 'r d; 1. ----------------------- ----- -- e'?R dq 020 fa x - RP WINCHESTER ---------------------- --------------------- REGIONAL AIRPORT • W M WTIA RE INC14GIONAL AIRPORT 64B A 40 ROSENBERGER 3 REZ # 10 - 04 A.P.R. Mini - Storage, LLC (64B - A - 38) rcCL If -I u - u4 A.F.K. Mini - Storage, LLC (64B - A - 38) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Fee Amount Paid $ Zoning Amendment Number Date Received PC Hearing Date BOS 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, 107 North Kent Street, Winchester. 1. Applicant: Name: �� • M! h]( �l t/I �� L L 6 Telephone: Address: 1 27 fel I= iGT. 2. Property Owner (if different than above) �7 9 Name: Telephone: Address: 3. Contact person if other than above J1Z Name: Fi—3 (4-"I 7 4. Checklist: Check the following items that have been included with this application. Location map ✓ Plat Deed to property ✓ Verification of taxes paid ✓ 11 Agency Comments Fees Impact Analysis Statement ✓ Proffer Statement ✓ i 5. 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: 6. A) Current Use of the Property: \/,4c- A to I - A&F r G L) L TVRA L B) Proposed Use of the Property: �' �t.l F_Q� L ��`� iLi= zll IMi i S Tt v,Z 7. Adjoining Property: (v `t t3 - (( A )) - 33 (v Lt (3 - C(: A 4o 13 - (( AD - -t O AD MIN R i;S i u, N ri 4 L RFS i DC -ti r,AL l->i�-iur AL A -i t' kh: 2:i A - 1Z A- _ IZA r. h- 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): i NcCT>t tic o QTE 77ty AC,Ori 5C�C) F -A5 i (2 F::- THS I t.; tYLc� nC)/�S uif 1`.�T 52. L 12 s� Information to be Submitted for Capital Facilities Impact Model RAW" M 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 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number i(R)) —36 Magisterial: 5 ttht�iti�CG Fire Service: Rescue Service: Districts High School: Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zonin Zonin Requested 2.54.7.3 r. A 13-1 ?IA- 13-2— —ZTotal Totalacreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed . Single Family homes: Town -home: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Sgqare Foot—age-of Proposed Uses Office: "3 ZbE3 Service Station: Retail: Manufacturing: Restaurant: Warehouse: ';2 i I✓ 3 Z- nfl, r. V La - 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s) GI �� 14 Date:13 0 q Date: Date: Date: i CO Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us „WN Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 I Know All Men By Those Present: That I (We) (Name) �Giy �� =� j f .,, (Phone) (Address) 1 ';2J) /y'l �zr�ct l� 5 �� (.�� aK �l, .: v V�4 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. C�3 Do I '3� I oi3-Pa and is described as � Parcel: % A» ✓ 38 do hereby make, constitute and appoint: (Name) ()R imae-P 1 S. �t.--TZ- (Phone) 5 0- 3 2 3 (Address)- O. ?;;,o)c -2- STS -p 5 C.t -t-4yA- 2,Z6 SS "fo act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: 0� Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this 12— day of , 200 , Signature(s) State of Virginia, City/County of T 0-Wit'. I, ]Qr1/�v� C ®h/�G�� a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally app ared before me and has acknowledged the same before me in the jurisdiction aforesaid this _gray of�, 200 . t (, My Commission Expires: i-3/-01 Notary Public uw-\Spwai 1 m,i �d POA wpd 9P. Y Rezoning Comments Frederick -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant's Name: `�') Telephone: Mailing Address: (---, . �-,c- Z Location of property: Current zoning: Zoning requested: V— lFEB Acreage: Frederick-Winche ter ealth Dypartment's Comments: C/ iso P `20/ i Health Dept. Signature & Date: y _� T+Totet� )Eeaprfinef Please Relui-nn')ais Farm to'the �ippllcarn` 26 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 November 3, 2003 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, Virginia 22655 RE: Rezoning for Parcel #64-((A)) - 38 - A.P.R. Mini -Storage, LLC Frederick County, Virginia Dear Darren: We have completed our review of the proposed rezoning request for Parcel #64B -((A))- 38 and offer the following comments: 1) Refer to Item C. Traffic: We concur with your conclusion that the proposed development will "have a significant impact on traffic along Route 776 Bufflick Road." We also agree that improvements to Bufflick Road will be required prior to or concurrent with the development of the subject property. However, the impact analysis does not specifically indicate who will fund and implement these irn r over :eats. This Issue shall be ,?ddCessed and resolved prior to approvinL the proposed rezoning. We might add that the enclosed proffer statement did not specifically address any road improvements. 2) Refer to Item F. Drainage: The impact analysis indicates that stormwater management will be required if this parcel is developed. We concur with this statement and would add that stormwater/drainage easements may be required if detention ponds are installed to create point source discharge conditions. 3) Proffer Statement: The proffer statement form included with our review package was incomplete. Provide a completed form after addressing the above comments. 107 North Kent Street • Winchester, Virginia 22601-5000 A.P.R. Mini -Storage, LLC Page 2 November 3, 2003 I can be reached at 665-5643 if you should have any questions regarding the above comments. Sincerely, Halevy Strawsnyder, Jr., P.E. Dirertor ofPublic Works HES/rls cc: Patrick Davenport, Frederick County Planning and Development file HIVID OOT - Edinburg ReEidenq OCT i A 200 �0C)13 Rezonin Comments � Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 APO Leant Please fill, out the uifarmation as accurately as possible order to ass�st.the . V%gima.DepartmentiTransportafiaan with their review Attach threecppies cif your application form, location map, proffer statement, impact analysis, and any other pertinent niformation Applicant's Name: _A - C Q- (Y�•n , - 5�� �� i LLQ Telephone: _b_/, 5- 2 "'7142- Mailing 7q2 Mailing Address: 12- rl �(&e lcjt S Location of property: N c -f 4A� �-A e 6 �, i �t', 116 abayJ 566 0( t)X;n Piau Current zoning: Zoning requested: 6-1 Acreage: Z-5413 Ac -- e>- / Virginia Department of Transportation Comments: See attached comments from VDOT dated November 6, 2003, VDOT Signature & Date: y \ _,\<�- - 11/06/03 Notice to VDOT - Please Return Form to Applicant 20 4. - COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 VDOT Comments to A.P.R. Mini -Storage, LLC Rezoning November 6, 2003 JERRY A. COPP RESIDENT ENGINEER TEL(540)984-5600 FAX(540)984-5607 The documentation within the application to rezone this property appears to have a measurable impact on Route 776. Route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the rezoning application dated August 1, 2003 addresses transportation concerns associated with this request. Actually, there appears to be no transportation proffers whatsoever in this rezoning package. There is some mention of improvements being addressed during the site plan process on Page 6 of 16. However, this does not address any specific requirements that will be necessary. 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, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off- site roadway improvements and drainage. 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. Thank you for allowing us the opportunity to comment. Ben H. Lineberry, Jr., P. Transportation Assistant BHL/rf Attachment sident Engineer VirginiaDOlorg WE KEEP VIRGINIA MOVING COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 27, 2003 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, Virginia 2265-5 RE: Request for Historic Resources Advisory Board (HRAB) Comments A.P.R. Mini -Storage, L.L.C. Rezoning Application Property Identification Number (PIN): 64B -A-38 Dear Darren: Upon review of the proposed Rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the Rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. Also, there are no identified battlefield resources that this proposal Nvould impact. Thank: you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Rebecca Ragsdale Planner I RAIZ`kac cc: Bessie Solenbei'ger. HRAB Chalrrilan 107 North Kent Street • Winchester, Virginia 22601-5000 Rezon Comments Fire and Rescue Company Name of Fire & Rescue Company: 1A I t-LVJ OQ O S -TAT -1 OtJ Address & Phone C), GCX -303 UJ I OC 1 .-kfl f"� Y l l vz-:�AGU I+ Applicant . Please_ fill,out the information as accurately aspossible in order to assist the Fire and Rescue.Sgtiad vtitith their review. -Attach a copy of your application form, location map, prQf%r statement; _unpaet analysis, and any other pertinent information. _ Applicant's Name: AP �, m:r,; - t—SYc1 ,tt. !_tom Telephone: (0 5-- 2�7 � 2 Mailing Address: I Z q�- �� C V A Location of property: N 6 k 7'7 ( C o W Current zoning: A Zoning requested: - j Acreage: Z- 64 q 3 A -c . 6`Z l6 1139 Ac. Fire and Rescue Company's Comments: S Fire & Rescue Co: Signature & Date: l0, Notice to Fire & Rescue Company - Please Return This Form to the Applicant 32 Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept_ Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia o= Applicant's Name: N W - - S} >6662 , l I.V Telephone: to 10 5 2,,-, q 2_ Mailing Address: 12 `1 0A P ( COAP S Oh U,,+ W n,- �- Vk 22b © 3 - Location of property: IJ cr�) (4 t=ic u k T76 (1 ,,-, I- 500 �e- -a�,� (�( { 522. Current zoning: Zoning requested: 6-11 Acreage: Z. 5 9 73 A -c. -7 8 t0. t134 Ac - Fire Marshal's Comments: Fire Marshal's Signature & Date: 1i shill =-Please Return. This Form to the Applicant 22 Control number RZ03-0012 Project Name A.P.R. Mini -Storage Address 127 Mercedes Court Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 10/10/2003 City Winchester Tax ID Number 64B -A-38 Date reviewed 10/15/2003 Applicant A.P.R. Mini -Storage L.L.C. State Zip VA 22603 Fire District 21 Recommendations Automatic Fire Alarm System Yes Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-665-2792 Rescue District 21 Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature Yes Timothy L Welsh ' Title Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant's Name: %�- P �. lil r�, -0-w-f -0- �Telephone: 665-2-9 'Z Mailing Address: 2'1 m& 5 � 16-U � v lnl -",f) r' h P L YA 22Lo D Location of property: �i a�`l�'� dt f a A le- q,11rQ kit 500 } 5 Current zoning: Z.5Ac.1 Zoning requested: Z Acreaize: 10 - I i :� 4 A, Sanitation Authority Comments: Sanitation Authority Signature &Date:��.,. -f =�'-'.'� �a*- i-Y�.,?ao-X�iS: �Mfr'-`cx�=•4 =`=_9.2j?�=F 25 Rezoning Comments Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia ApplicAhb: Please fill out the infaiomation as accurately as possible in order to assist the Fred -Wine Service Authority with_ their review. Attach a copy of your application form, IOcatio map, proffer statement; impact az *iis, and any ath pertinen information. Applicant's Name: P 0- (lel ari - Telephone: 14 J Z rl 1? 2 Mailing Address: 12q Me,,- e- c,� 5 On� a ._... Vit r, Y 3 Location of property: [� b F ^�csvi 566 �-QS�- of -t6 iA 10n 901,1 52z Current zoning: Zoning requested - j Acreage= 2.5y 73 Ac.! -Z tv. ti3� Ac. Fred -Wine Service Authority's Continents: Fred -Wine Service Authori 's Signature & Date: 1010-3 l Fred-Wi6`8- ic#; Authority = Please Return POMP to Applicant 34 W10cbcstrr R&-wrinmxl All -port W Regional Aitjwxt AtIm Exqcutiivc Mootor 491 ' pus( Ruud 9V• Virginia 226W (5440)6624422 IAMNadUlM Winch' --O" RF.VnflA1 Aigmrt Attn: Executive Director 491 A ilpurr Rum] (Kt. 645, oU ofjU. 522 J(vrth) winchestcr, virs is �, .4 y no ME•�.�, �:� �N�1ch s' Rr �`�ppitesnt►+r App1 oanr'Y Namud: TvIgpl,uur.. . (ijc ---+�` �� 27ri Z fail ry Address: .1'2'1 XCOU 04 maty: _ NC- k 1 � t; 1 ` T 1 Q 'J-/ � � �l sl JCS' ZOXiD$= __ L ` �� Loning rcqutttcd: , / AcmW: 1. `, A'13 Ac / 6-2 Wis4sw4er Reg6mW Alrpori's Comftvmb: i RcOmal AirportIs t- - �Irvoti�ir�%+���'if�>!t�en-A�p1Tfffi' 30 WINCHESTER REGIONAL_ AIRPORT for AMPORT ROAD ~~ WINr:HeRTER VIRC&INI& yjip� t� b7J47Z Ery 11D, 2W4 AR R. Mini Stnra@e, LLC 1 Mellvt ley Court hOmer, Virginia 22503 Pe' Rgaeoning Carnment>o Parcel ID M 648- (A)).38 — 12.6607 Acres Rci4xrirrd Re►gwMad Shs"fl* MmOterial District Dee Mr. Fotti; Thercol of tend yuu ■re requeQting a rezoning for lnoludog a �t;tipnf o sap M4" 5.40 acnes adiaQwlt to exxr lonp airport property ►dsrCctwintdivd f the Win 6tetr Re iona� Airport Authority for fee simple acrVikition_ 1 ho ons-4ed & DOPY of the Airport Prop f Part ' r tareded for +ry R�lsp hot o fire ehuliul t ut rollp }u lilun I�Mlfi.�c! on our Map Art POW 53, owned by Nicholson. This M111 of load a" with ural aiher parcels, has bstn programmed In the Ai rt's Twenty Ya*r IMestsr Plan, Frederick County's ConTna*naive Pleas, Fred rick Cotanty• CSI knprovorncnt Plan and the Five-year Assn for the Virginia rtmwA of Aviation and the Federal Aviuliurr "ith"tratlon. S Wnp along the northern side of Sufflick Road that have pro"rty idsntnwi for a ioition on Om Airport's Mnstwr Plan wvne immedlstaly nottfied upon compw.i n of Moeller Plgn Update In 1993. They each received a °Opy of an estlrnalted ti (else 060nlng when acquieftm prQcve,*V3 would proceed. Fund ng for the prolim(nary work (surveys, appraisals, envlronMWdvl assessments, etc.) acquirer thmm r4"g of property including this parol is in the curr®nt budget and i in progra". Funding for the eoquirition of land io in the Airport'e budget for FY 2005 hat begins July 1 of thta year. For a A irpo Q(O G is n* FAR f8ml Yebrs, development nvquiring land noquishimi at the Winchaster Regional has focusad on the Runway 32 (Bouthwost) and. Now that th000 land pro*to 1plate, the Airport is actiVely Working on acquiring several parcels on the y 14 (rturtlreast) mhlch Includes thv above referamed parcel. Land acqulsitlon 5aary becauae many of the identified parcels etre located within the Airport's A 77 primary surface and/or approach surface. ►dsr the Federal Aviation A&MnistrAllon'tt Pan 77 SmInce RMIJImmonta, Om Airpnrt r*quksd to own fes ein*a prOporty within the Primary 8urfoco. Thio roquiromont io a► iru�rMts. k� thn t:nrt� �f vtrUlrab, 1'5.2 T?w five N1us acruas cl.w*fignaled fur qubttlon 1166 within the airport's runway protac son ions (FiPZ) as outlined on me closed map. m •wa7abla at Ony t>rne to meM with you or ti►e landowrtom to werok out a ooluttan WW it wc►ukf bs txanafk�l►1 M IhI►rn. NnwAvt+r, t am ur►utt,kr w arupytnt tlry r�tur►ir1� for ft Ntm 12 *6 sone parcel. Un bettalt date Winche>n®r MMWmi Part AvOwrfty, we discourage 4 ramming that wou(d allow kr devWop"*rd on tho rt od flw,acm a#-*. Ilam du Ikst 1*4,-il►HM to ul"11 a;I mw to dISLAItS this I.S&W or ff you ham questions W 0) 68257m, Ok you for your support And f lc4 fnrwltrd to wwkinp with yn►I nn ihk mrttfor R. Ma,tuel w 1*901or ChaftV L. WMmoL Jr„ Chairman, WRM *10 end Eft t..awre4jes, Olrector, Frodvrick County Plannlrng w/o and Mark K. t=tynn, Legal Counlwi. WrUV1 w/o anal I , x/F CARPO.5 VALLEY xLr CL U6 LP. IlR Mf M — OLS L[i C -•-.-- - .,. nu`. —m I ala .76Z `. 0.694 Al S ADAP 76-1-3-11-0039-0J 77 7i1 29 j" rpm J6'/ 42.1 D32 AOXT FAAP 9-4�-aw-Ot M LM L KRD" i DOWL NY C ARf " 06 ,NK 1975 440 &N ?99 7AQf£S FAAP 9-44--059-01 DAMEL 70 NE? & DO ONY LAAPKX Xl E4FR 7d JAY 1975 447 791 L 794 Aows FA 40 9-44-039-07 " JCL NM jr ADW MS * D&4tjx JNOM5 24 APR 7969 .Rt 4.}4 _ a279 AGDfS FAAP 9-44-09-07 -•-.-- - .,. nu`. —m I ala .76Z `. 0.694 Al S ADAP 76-1-3-11-0039-0J R'CZOR ng Impact Analysis Statement for Parcel ID # 64B -((A))-38 Shawnee Magisterial District Frederick County, Virginia August 1, 2003 Revised April 9, 2004 Pi-epared by Darren S. Foltz, L.S. Foltz Lwid SLM eying F.O. Box 23 Stephens City, VA 2265 5) 540-568 1;'Oi:x 540-323-1497 fol(Z@VIsuallint..corn RezoninglmpactAnalysis Statement Table of Contents Introduction A. Suitability of Site B. Surrounding Properties C. Traffic D. Sewage Conveyance and Treatment E. Water Supply F. Drainage G. Solid Waste Disposal Facility 11. Historical Site and Structure I. Impact of Community Facilities I Other Impact Exhibit #1 - Boundary Survey Exhibit #2 - Boundary Survey w/ Rezoning Acreage Exhibit #3 - Flood Map Exhibit #4 - Soils Map Exhibit #5 - FCSA Water & Sewer Map Exhibit #6 - Frederick County Impact Model Exhibit #7 - Current Deed Exhibit #8 - Current Tax Statement Exhibit #9 - Proffers Page 7 of 16 Parcel ID // 64B-((-1))-38 3 3 4 ,5 6 6 7 7 7 7 7 8 9 10 11 12 13 14 15 16 RezonrngImpact Analysrs Statement Introduction Paicc1ID 1f 64B -((,V)-38 This parcel contains 12.6607 acres (see Exhibit #1) and is location on the north side of Route 776, BulTlick Road about 500' east of the intersection with Route 522, Front Royal Pike. The parcel is currently zoned RA and it is the desire of the current owners to rezone the entire parcel, 2.5473 acres to B-1, neighborhood business district and 10.1134 acres to B-2, Business genera] district and (see Exhibit #2). The parcel is within the Urban Development Area as shown in the 2000 Frederick County Comprehensive Policy Plan and is shown as an area of proposed business/office on the map of the Route 50 East corridor study. This parcel is located near the Route 50, Interstate 81 interchange and Route 522. It adjoins the Winchester Regional Airport which makes it a desirable location for conunercial/business developarent. The location of neighborhood business district (B-1) along the existing frontage on Bufllick Road will allow for the transition from the existing uses of homes and small businesses on Bulllick Road to the business general district B-2 which will adjoin the Winchester Regional Airport - A. Suitability of the Site The parcel is well suited for corrnnercial development. The land slopes gently Hour wide hilltops to drainage swales and could be easily graded to maximize die cormnercial potential. • 100 -year flood plains No portion of this property lies within the 100 -year flood zone as shover► on F.I.R.M. Panel #510063- 0115-13, dated July 17,1978 (see Exhibit #3). ■ Wetlands No wetlands have been identified on the parcel. Some portions of the drainage swales along the eastern boundary line are poorly drained due previous faun traffic and may show signs of wetlands. However these are not natural and with minimal grading these conditions would cease to exist. • Steep slopes (over 50%) No areas of steep slopes have been identified on die parcel. Two small areas which may contain slopes over 15% are highlighted on the Soil Survey of Frederick County, Virginia, Map (see Exhibit #4). • Mature Woodlands Some mature trees are located along the north boundary line and around the existing house. The site is generally considered to be without mature woodlands. • Prime Agricultural Soils As shown on the Soil Survey of Frederick County, Virginia, Map (see Exhibit 44), the parcel contains the following soil types: 3B Blairton Silt Loam 296-7% slope 41B Weikert-Berks (channery silt loam) 296-796 41C Weikert-Berks (channery silt loam) 7%-15% 41D Weikert-Berks (channery silt loam) 15%-25% The soils in these categories are generally shallow to moderately deep. Hard shale bedrock is found ata. depth of 15" to 30" below the ground su— ce. There arm no known cnucal areas on the parcel. Page 3 of 16 Rezoning Impact Anal) sis Statement Pal cel 11) # 6413-((A!)-38 B. Surrounding Properties ACROSS BUTILICK ROAD Parcel # 0mier Narnes/Ad(h-ess Zone se RA ADS, JOINING O1 iTN,,RS 210 Bufllick Road 64B -((A))-33 Ralph L. Beaver & Kathleen 11. Beaver RA RA/ 135 Bu111ick Road 203 Bufllick Road 64B -((A)) -33A Beverley M. Beaver RA RA 1400 Opequon Avenue 192 Bufllick Road 64B -((A)) -33B Ralph L. Beaver & Kathleen 11. Beaver RA RA 135 Bufllick Road 399. Windsor Lane 64B -((A))-39 Winchester Reg-ional Airport RA / Airport RA 491 Airport Road 399 Windsor Lane 64B -((A))-40 Edna S. Rosenberger ILA RA 223 Buf(lick Road 399 Windsor Lane 64B -((A))-41 James E. Wisecarver RA RA 203 Bufi7ick Road 160 Bufllick Road 64-((A))-88 Winchester Regional Airlx)rt RA / AiIIx)rt 491 Airport Road Page 4 of 16 ACROSS BUTILICK ROAD 64B -((A))-61 William L. Copenhaver RA 210 Bufllick Road 64B -((A))-62 James E. Wisecartier RA/ 203 Bufllick Road Auction Warehouse 64B -((A))-63 John A. Pearson LSC Donna T. Pearson RA 192 Bufllick Road 64B -((A))-64 John M. Onrdorff RA 399. Windsor Lane 64B -((A))-65 John M. Orndor-ff RA 399 Windsor Lane 64B -((A))-66 John M. Onrdorff RA 399 Windsor Lane 64B -((A))-67 William J. Frederick RA 160 Bufllick Road Page 4 of 16 Rezoning ImpactAnalJ sis Statement Parcel # Owner Names/Address ACROSS BIJTT ICK ROAD (Continued) 64B -((A))-68 Lily M. Ashby 154 Bufllick Road 64B -((A))-69 Lily M. Ashby 154 Bufflick Road 64B -((A))-70 Milford J. Mathison 3920 Northwestern Pike 64B -((A))-71 Donald M. Bowen & Arlene C. Bowen 2535 Hockman Avenue PvicellD # 64B-((A)J-38 Zone se W RA RA RA / Body Shop All adjoining properties are identified in the 2000 Comprehensive Policy Plan for Frederick County, Virginia, as proposed Business/Office (as shown on the Route 50 East Corridor Future Land Use Map). C. Traffic PRESENT The parcel is less than one mile from the intersection of Route 50 and Route 522. This intersection is near the Route 50 Interchange with Interstate Route 81 with its frontage on Route 776 Bufllick Road being 500' from the intersection with Route 522. Route 776 Bufllick Road is classified as a local road in the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. PAST Traffic Data From Virinia Department of Transportation (2000) Route 522 Between Route 50 and Paperinill Road 14,000 TPD (1999) Route 776 between Airport and Route 522 490 TPD (2000) Route 645 between Route 728 and Route 522 2,000 TPD HTFURE The Eastern Road Plan Map in the 2000 County Comprehensive Policy Plan (CPP) of Frederick County, Virginia, shows a new major collector road crossing Route 522 near the intersection of Route 776. This new major collector continues northeast from Route 522 passing near the northwest comer of this parcel and continues to a new intersection with Route 50. The future traffic impacts for this proposed commercial development have been estimated using the ITE Trip Generation Manual, Sixth Edition under the category of Muii-Warehouse for the B-2 portion of the Rezoning; and the category of General Office for the B-1 portion Page 5of16 RezorunglmpactAnalysis Statement Based on the attached preliminary sketch plan, there will be a maximum of 20,000 square feet max potential building area of B-1 150,000 square feet max potential building area of B-2 Using the information from the ITE Manual B-1 20,000 x 11.01/1000 = 220 Average Vehicle trips Weekday 20,000 x 1.56/1000 = 31 Average Vehicle trips AM Peak Hr. 20,000 x 1.49/1000 = 30 Average Vehicle trips PM Peak Hr. 20,000 x 2.37/1000 = 47 Average Vehicle trips Saturday 20,000 x 0.98/1000 = 20 Average Vehicle trips Sunday B-2 150,000 x 2.50/1000 = 375 Average Vehicle trips Weekday 150,000 x 0.28/1000 = 42 Average Vehicle trips AM Peak Hr. 150,000 x 0.29/1000 = 44 Average Vehicle trips PM Peak Hr. 150,000 x 2.33/1000 = 345 Average Vehicle trips Saturday 150,000 x 1.78/1000 = 267 Average Vehicle trips Sunday Parcel ID # 648-(( 1))-38 The generation of 595 trips per day from 150,000 sq. fL of mini warehouse and 20,000 sq. ft. of general office space would have a significant impact on traffic along Route 776 Bufflick Road. Improvement of road infrastructure upon development of tills parcel would be necessary. Improvements will include pavement widening and taper, commercial entrance to site, and right-of-way dedication as shown on attached sketch plan and must meet the requirements and approval of the Virginia Department of Transportation and Frederick County Zoning. Potential Impact from high traffic uses allowed in the B-2 zone: Average Vehicle Trips Weekday Lumber Store 150,000 x 40.67 / 1000 = 6100 Discount Superstore 150,000 x 46.96 / 1000 = 7044 Retail Center 150,000 x 39.71 / 1000 = 5956 D. Sewage Conveyance and Treatment Sewage from this parcel will be treated at the Opequon Water Reclamation Facility An 8" main is located through the north portion of the parcel and a 12" main is locates) along the south and east boundary lines (see Exhibit #5). Sewage flows for mini warehouse site are dependent on if there is onsite management. The estimated amount for the 150,000 sq. ft. B-2 area is 500 GPD. The estimated amount for the 20,000 sq. ft. B-1 area is 6,000 GPD. Hence, a combined total of 6,500 GPD is estimated. E. Water Supply A 16' water main currently serves tills site. Water is provided by F.C.S.A. Page 6of16 Rezon4ImpactAnalj sis Statement F. Drainage PalcellD # 6413-(( Three natural swales carry the runoff from this parcel. They eventually flow to Sulphur Spring Ririe. Storm water management will be required if this parcel is developed. During the site plan process the storm water management will be designed as required by Frederick County code and approved by the Frederick County Public Works Department. G. Solid Waste Disposal Facility The Frederick County Landfill is die nearest solid waste facility. It is approximately three miles northeast of this parcel. The amount of solid htiaste generated by the developed parcel has a maximum potential estimated at 200 pounds per day. H. Historical Site and Structure There are no known historical sites or structures as listed on die Virginia Landmarks Register and the National Register. No majorbattefield or fortifica6on/entrenclhment exist on this parcel as repieseutcd ori the Civil Battlefields & Sites Map included in the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. I. Im act of Commune Facilities Education No impact expected Police Protection Minimal impact (Provided by Frederick County Sheriff's Department) Fire & Rescue Protection Minimal impact (New Millwood Fire Stations is within two miles of this parcel) Parks & Recreation No impact expected Solid Waste Disposal Minimal impact I Other Impact No other significant impacts expected. Page 7of16 RezomwImpact Anal)wts Statement Pxcel ID k 64B-((A))- 38 S1 E •��. Vas," / _ / U l") VICINITY MAP••r•. _ SCALE: I" � 2000 \ ,r1per TAf 64-((A)l-88 WINCHESTER REGIONAL AIRPORT AUTHORITY 06 42J PG JO OR 440 PG 837 J6" OAK 06 659 PG 175 rREE S 61 *11,45" E I 552.92 RF EX. 20' UTILITY ESAIr DD 670 PG 504 IRF OFFLINE 2.46/' 3 TM 649-((A))-33A e o IM 649-((A))-39 MARJORIE G. BEAVER Nu �, a INST.IOJO000667 TM 649-((A))-38 1\ o RICHARD L. NICHOLSON, JR. INST/010013568 2 12.6607 ACRES IRF LRF OfT LINE 0.20 TM 646-((A))-1J TM 646-((A))-40 RALPH L. BEAVER & r,EDNA S. ROSENRERGER KATHLEEN H. BEAVER £X. 40' UTILITY ESAfT.-- DB 283 PG 68 OB 406 PG J18 09 670 PG 504 1 ( 3 IRF OFFLINE 1.49 TM 64B-((A))-Jin EX DIVELLING o TA! 648-((A))-41 RALPH L. BEAVER ka I I JAMES E WISE-CARVER H BEAVER DB 240 PG 347 OB 404 PB 621 N 59'5203' W 5J6.00' BRICK POST —f ® 17.06' RTE 776 - 6UETLICK ROAD - (JO PRESCRIPTNE IRS f0 15. 00• 1500 • TO INTX. U.S. RTE. I 1 LEGEND: o too 200 4 0 IRF = IRON REBAR FOUND 3r IRS = IRON RFRAR SET SGLV I' = 200' NOTES.- I. OTES.1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER TITAN SHlOnN AfAr EXIST 2. NO PORTION OF THIS PROPERTY LIES "IIIIIN THE 100 PEAR FLOOD ZONE AS SHOWN ON FIRM. PANEL 151006J-0115-8, DATED JULY 17, 1978. eop'lBOUNDARYSURVEY PLAT 12.6607 ACRES STANDING IN THF. NAME OF RICHARD L. NICHOLSON, JR. ESHAN?IEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1 " DARREN S. FD I DATE: JUNE It, 2003 1 SCALE: I- - 200' 1 FI_F0: n~-OOg N0. 2257 Foltz Land Surveying, Inc. SHEET < T qN0 SUFt,40 � P.O. Box 23 Stephens Gly, K,ginio 22655 OF Phone 1: 5I0-323-1497 Fax f 540-666-2963 emoit: Toll z 4visvollinkcom T Page 8 o116 Exhibit #1 - Boundary Survey Re-ningImpad fL7alj sis Statement Pa/relID # 6411-(( -38 n.....- SITE FRI 1CIHITY MAP SCALE: 1 2000 TM 64-I A)II PO tt7NrE CHEsR REGroNnt A(rrorT AU111oR171 CB 423 rC 30 1 08 440 PC 8.17 J6" OAK OB 659 PC 175 TREE S 61'11'45" £ `•` 14F FC52.92' 0' U71(HT ESvT TO PC 504 IRF OffLINE 2.48' _ v o TAf 648-((A))-JJA MARJORIE C. BEAVER 0 INST.If'OJ0000667 4 � " v o ^ TAf 64B -((A)) -J8 m RICHARD L. NICHOL SON, JR. INST.,1010013568 C`+ 12.6607 ACRES 1RF IRF OFFLINE 0.20' - PLAT S1Ion-1NC AREAS TD DE RF70NFD LLTIf OF ` TA -f 64B -((A))-40 �1 I ��� STANDINC IN THE A'AAfF Of.. N EDNA S. ROSENFERCLR TM 648-((A))-33 SIIA481EE MAGISTERIAL DISTRICT, FREDEPv-Y, CQUIIIY, sWGI IIA �(' 08 283 PC 68 RALPH L. BEAVER & Foltz Land Surve 2n %'ILC. 9.�`P.O. OI SORV6{O KATHLEEN N. BEAVER - �i 7 - Lx. 410, U17111), LSA+T DB 406 PC J18 B-2 10.1134 AC. , �+� 3 VP 6,_0 PC 504 IRF OFFLINE 1.49'x\ S 61'4505 E 540.42 B-1 2.547) AC.* :r 0 TM 64B-(( A)) JJO - v DttE[UNG o p TAf 648-((A))-41 RALPH L. BEAVER d 0£X. I �I JAtfES f. tYISECARVER KATHLEEN H. BEAVER 1 ' `' OR 240 PC J47 DB 404 PB 623 N 59'52'03" IY 536.00' _ BRICK POST ®17.06' RTE. 776 BUFTLTCK ROAD 1 (JO' PRESCRIPTIVE R/If) IRS a 15.00' 1500' TO INTX. U.S. RTE. 11 L ECEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET 0 IOn 2C0 400 37�t1� SCAM: I' = 200 NOTES: I. NO TITLE REPORT FURNISHED. EASEMENTS OHiLR THA,7 S110117J A'I/ L VIS1. 2. NO PORTION OF THIS PROPERTY LIES 117TI111V THE !CO YEAR FLCCO Z0,11F AS 5/10111! "11 FJR.M. PANEL 151006J-0115-8, DATED JULY 17. 1978. Pagr� 9 of 16 Exhibit lit - Boundary Survey m/ Rezoning Acreage PLAT S1Ion-1NC AREAS TD DE RF70NFD LLTIf OF ` TAX PARCEL # 649-((A))-38 - 12.6607 ACRES �1 I ��� STANDINC IN THE A'AAfF Of.. A.P.R. HIN1—STORACE, L.L.C. Z SIIA481EE MAGISTERIAL DISTRICT, FREDEPv-Y, CQUIIIY, sWGI IIA CJ DARREN S. FOLTZ 9 DATE: MARCH 1. 2004 SCALE: 1" - 70- fILEK: 03-On5 N0. 2257 Foltz Land Surve 2n %'ILC. 9.�`P.O. SORV6{O Pox 23 Ste hens GI V.o;n;0 116559N0 Tl�'Ey� Phene 1: 540-313-1497 Fox f.- 510-869-2967e-04 foltr4.;S"Mr r"- Pagr� 9 of 16 Exhibit lit - Boundary Survey m/ Rezoning Acreage Re—z-ig lmpact Analfsis Statement 9 0 0 Palcel ID # 64B-((A))z3S Page 10 of 16 WINCHESTER MUNICIPAL AIRPORT D O p Exhibit Y3 - Flood Mip Rezontirg Irnpact Analpsi's Statement Parcel ID # 64B -OW ,38 5,2 0000, 3C36 �. 3C+� /'0 } p 3B LAWN r W! WI 1 D r 1 B C 98. - 4 'Car' ers Valli' l 'yY e �;'. l E 41 C ; ..,, av-:.. {Y_ dw Y4 I. . {t : t P', ; + � �/• ' ' ~ � .. .: / ryVIC 313 iffi em ;.0 3E3 . ,5� ' t 615 46, Page II or 16 Exhibit #4 - Soils Map RezoningI-pactAna/}pis Statement Parcel ID // 64B -((A))-38 Page IY of 16 Exhibit #5 - FCSA Water & Sewer Map w o, OUTPUT MODULE APPLICANT: FOLTZ Net Fiscal Impact LAND USE TYPEBT, B2 Costs at ��lL REAL EST VAL S1 t5,227.865 CMdb to he A& (entered in Cur. Bud get Cap• Future CiPt FIRE &RESCUE � get Cur. Bud 8 T Total Potrrrmliai AdJusRever For . ital Fadit m CAI sum orgy) Donr�e FnuIR Js�l�lher Tax Credits RerEnue- Net Capital hkt Cost Per Fre and Rae cus Department $118,573 lit l�lat>J& Eacitkies P=lbfflu ll()nit Elementary 5choois $0 SO Middle Schools $1115,573 ERR High Schods SO 30 $0 SO _ $0St1 Parks and Recreation $o ERR Public Library S0 Sir Sht>t1R's Osfces $D$ 0 30 — $D ERR SO $9.791 Administration Building S0 m 50 39,711 S0 S9.TT1 S0 ERR Other Mieoeitartaow Facillias S0 50 i9 30 ;0 ERR 52.3,284525 .707 348891 $43,961 $0 ERR $0 SUBTOTAL $118,573 532,995 $25,707 LESS: NET FISCAL IMPACT $11,411,542 b0 $58,702 $58,702 ERR 35SA71 NET CAP. FACILITIES IMPACT $111411.542 $111111,542 ERR g EBR E INDEX: 1-1.0" If Cap. Equip Included 1.0 INDEX '1.0' bb Rev -Cost gat, "0.0' K Rabic to Co Avg: 0.0 PLANNING DEPT PREFERENCESRev-Cosi 1.0 tial - 1.000 1.0 Ratio &fETH000L OGY 1. Capital ischt'as requirements iwput to Co Avg = 1.342 We to dte brit column as calculated in the model. 2. Net Fiscal Impact NPV from operaWns calculations is Input in row IOW of second column Czar* if negadvat included are the onsai me tax"Ns" for one rear only at full value. 3. NPV of hrtum aper cap equip taxes paid In third column as calculated in lieCa1 imtwcta. Y NPV of fulcra capital expendi lure taxes paid in fourth col as Calculated In fiscal impacts. 5. NPV of barn lmxms paid to bring current county up to standard for new faciiffm. as calculated for each new facility. S. Columna three through 111 v are added as potential credits against the Calculated capital facilities requln menis. These are adjusted for percent ori Costs covered by the revenues from the project (actual, oras ratio to aver for elf residential devetopment). NOTE: Proffer calculations do not include inokude Interest because they ane cash Payments front u Credits do include interest if the p prnjecta are debt financed. NOTES: Model Run Data 09rOelD3 ASK Profocl Deeodpsiorr Assumes 248,320 sq.ft resat on 256 acres zoned 8 f District and 10.11 acres Zoned 82 Dir:Nct. Dile to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of go days from the model nun du ts. 213=ODEL 5 7563-5316 EBY/cmj M O 0� N tDr-4 0 v � U) w co w w rq PV vii � � x w u � r Z �D N H US, 03001:3914 C Q N TMS DEED, made and dated this 27' day of June, 2003 by and between RICIIARI) L. NJ HOLS N IR., hereinafter called the Grantor, and A,Y,R, MINI-STOILAGE i LC a Virginia Limited Liability Company, hereinafter called the Grantee and LEONA M. NICHOLSON, by her Attorney -in -Fact Richard L. Nicholson, Jr., party of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with the improvements thereon, lying and being situate in Shawnee District, Frederick County, Virginia about one and one-half (1'/z) miles Southeast from Winchester, on the North side of the Bufflick Road a short distance East from the Winchester and Front Royal Turnpike, containing fourteen (14) acres, more or less. AND BEING the same property conveyed to Richard L. Nicholson, Jr., by deed from Leona M. Nicholson dated October 3, 2001 of record in the aforesaid Clerk's Office as Instrument Number 010013568. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to ttte Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and -ncumbrances; and he will grant such further assurances of title as may be requisite. #7ca> The party of the third part joins in the execution of this conveyance to relinquish her life estate in the subject property. WITNESS the following signature and seal: I t . / GL-- {SEAL) RICHARD L. NICHOLSON, JR. (SEAL) ONA M .NICHOLSON, by her Attorney -in -Fact Richard L. Nicholson, r. STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27" day of June, 2403, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27`' day of June, 2003. My commission expires 12/31/04. Notary ublic = v p TA ri STATE OF VIRGINIA COUNTY Y ON NRT:DEMCK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Leona M. Nicholson, by her Attorney -in -Fact Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27'h day of June, 2003, has personally appeared before me and acknowledged (fie same in my State and jurisdiction aforesaid. Given under my hand this 27" day of June, 2403. My commission expires 12/31/04, Notary Pdblic Tba b-n—W -0 "..d by. Hd*m & you Kuytmd&)L Jobnam McKce k DW", MC. 112 Soacb GdW(QM Str�l MWW1191, Vu" 22601 (540) 6621196 ]c\WPDOC9\Med•\epr nLLtorage.f**.rpd 3 44 yr T� F- Ct) O [_' AFFIDAVIT[' Q (Pursuant to Section 11-9.2 of the Code of Virginia) STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: This day personally appeared before me the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, Richard L. Nicholson, Jr,, (the "Affiant"), who, after being first duly sworn, deposed and said as follows: That the Affiant is Attorney -in -Fact for Leona Murray Nicholson under Power of Attorney dated October 3, 2001. 2. That at the time of executing and delivering the deed dated June 27, 2003 to A.P.R. Mini -Storage, L.L.C., the A1Jiant has not received actual knowledge or actual notice of the revocation of termination of said Power of Attorney by death, disability or otherwise, or notice of any facts indicating sante. 3. That the property is one and the same as that parcel known as 171 Bufflick Road, containing 14 acres, more or less in Shawnee District, Frederick County, Virginia. Executed upon oath this 27tb day of J e,/003, S EAI, CHARD L NICHOLSON, JR., Atto -in-fact for ) Leona Murray Nicholson Subscribed and sworn to before me this 27`b day of June, 2003. My commission expires 12/31/04. VURGINIA: FREDERICK COUNTY, SCT. This instrument of writing was produced to me on 6 _ at ' id with certificate of admowledgcment thereto anaexet ads/admitted to record. Tax imposed by Sec 58.1-M of , and 58.1-801 have bden paid, If asaeaaabl( 4".w ��.�`� v , Clerk Notary `..' p�AFt 1. 4 PUpt r J) Rezoning Impact An V) sis Statement Farc IID # 64I3-((A)J-38 T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00241790001 -aW FREDERICK COUNTY Date 5/07/2003 C- WILLIAM ORNDOFF, JR Register: BHH/LM P•O• BOX 225 Trans• #: 13893 Dept a RE200301 WINCHESTER VA 22604-0225 ACCTO 20327 2003 REAL ESTATE TAXES Previous 14-00 ACRES 64B A 38 Balance $ 189-80 Acres: 14.00 TRE Principal Being Paid $ 189.80 Land: 79000 Imp: 50700 Penalty $ .00 Interest $ •00 NICHOLSON, RICHARD L JR Amount Paid $ 189-80 *Balance Due 171 BUFFLICK RD as of 5/07/2003$ •00 WINCHESTER, VA 22682 4546 Check 189.90 n 1B 523 Pd by NICHOLSON, RICHARD L JR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Page 15ofl6 Exhibit #8 - Current Tan Statement Parcel ID # 6413-((.`1))-38 Proffer Statement Rezotung Request PrOlfer Property Identification Number 64B -((A))-3$ Shawnee Magisterial District Monetary C.olltri6ution to Offset impact of Developrlleut The undersigned, who owns the above described propelty, hereby voluntarily proffers that if the Bmrd of Supervisors for die County of Frederick, Virginia, approves the rezoning for die 12.6607 -acre site located along die north side of Bufllick Road in the Shawnee Magisterial District of Frederick C)unty, Virginia from RA to B -I and B-2, the undersigned will imy to Frederick County for the Milhvood Fire and Rescue Company the suer of $3,000 at the time the first building permit is issued. The undersigned hereby prolfers to prepare a (raflic impact analysis (TIA} for die 12.6607 -acre site meeting all requirements of the Virginia Department of Tirausportation, should the initial site plan provide for a land use, with witrall generation projectiolls exceeding 600 VPD that utilizes the Bulllick Road, Route 776 A new 7TA will identify ituprovelnerlts to the road system that will be installed by the Developer during the initial site development phase or at such a time as determined by VDOT. The undersigned hereby proffers a buffer or screen along the adjoining property owners to file proposes] B-1 zoning with a double row of white pine trees, size and spacing to be consistent with Frederick Uotiirfy Zoning code requirements For mini -storage, a 50' buffer along the rear of, the 1)1-01)e ty, and that all improvements will generally be consi April J, 2004. stent 1v "I those shown on the atfached prelitnn dated The conditions proffered above shall be binding upon die heirs, executors, adlnllllstlators, assigns and successors ul Interest of the Applicant and Osvner. In the event the Frederick County Bo<ud of Supcnisous grant said rezoning and accepts these conditions, file proffered conditions shall apply to the land rezoned in addition to other requilrillents set 1`61111 in the Frederick County Code. Subn filled By: PROPERTY ON"Ell: A.P.R. Milli Storage, L.L.C. By:- -----�---�– –"–..– ----------- Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, "17o NVit. Thef "C901119 instnlnlent was acknowledged lielore file tills ---4n4LL-A1q4e- 1� day of *t--, 200.1` hti. _ My colrlmissiorl expires —_ 1 -31 -o -7 --- Notary Public m m, -j Paee /6nI In • • C REZONING APPLICATION #11-04 ADAMS DEVELOPMENT GROUP Staff Report for the Planning Commission Meeting Prepared: August 2, 2004 Staff Contact: Jeremy F. Camp; Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 08/18/04 Pending Board of Supervisors: 09/08/04 Pending PROPOSAL: To rezone 59.708 acres from RA (Rural Areas) District to 133 (Industrial Transition) District. LOCATION: The property is located in the Stephenson Community, fronting the west side of Martinsburg Pike (Route 11), opposite the intersection with Stephenson Road (Route 664). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(S): 44-A-75 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Agricultural, undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) District South: MH1 (Mobile Home Community) District & M 1 (Light Industrial) District East: RA (Rural Areas) District & 133 (Industrial Transition) District West: RA (Rural Areas) District Use: Residential Use: Residential Residential Use: Residential Industrial Use: Agricultural, Residential & Public Facility PROPOSED USES: Office, office/warehouse, warehouse, and self-service storage PEz #11-04, Adams Development Croup Page 2 August 2, 2004 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Adams Development Group Rezoning Application dated June 21, 2004 addresses transportation concerns associated with this request. 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, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. 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. Fire Marshal: "Fire Lane No Parking" markings and signage required at all curbage not delineated as parking, all fire hydrants, fire department connections and all normal and emergency access points to the structure. Water supplies for firefighting shall meet the requirements of Frederick County Code section 90-4, for commercial properties. Plan approval recommended. Frederick -Winchester Service Authority: No comments. Public Works Department: 1) Refer to the wetlands discussion site suitability. The discussion indicates that there are no wetlands depicted by the National Wetlands Inventory Map for the subject site. However, our site visit revealed that there are several spring fed streams along the southern property boundary. It is apparent that there are wetlands associated with these streams. Therefore, we suggest that a wetlands delineation study be prepared for this site to insure that the development can properly address this issue. 2) Under site drainage, the design of stormwater management facility should be implemented in a manner that will avoid any disturbance of the existing streams and associated wetlands. Also, consideration should be given to the use of oil separators or BMP facilities to minimize the impact of stormwater runoff from parking areas on the spring fed streams. 3) Under solid waste disposal, the comparison of a yearly disposal rate at build -out to the maximum landfill capacity is not a realistic or valid comparison. The proposed build -out disposal rate represents an approximate 16 percent increase in our yearly disposal at the landfill. This increase is relatively significant considering our average increase of all combined development in Frederick, Clarke and the City of Winchester has been approximately 3.5 percent per year. Sanitation Authority: No comment. Historic Resources Advisory Board: The Frederick County Historic Resources Advisory Board (HRAB) considered this rezoning proposal during their meeting of May 18, 2004. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey Report as well as information provided by the applicant. The Rural Landmarks Survey Report for Frederick County identifies one historic structure, Kenilworth, within the immediate area around the 59.71 acre subject parcel. Kenilworth is identified by the survey as being potentially significant. It is the intent of the REZ # 11-04, Adams Development Group Page 3 August 2, 2004 applicant to rezone this property to the B3 (Industrial Transition) Zoning District and construct a self - storage, office and warehouses. The HRAB expressed great concern over the type of uses being proposed so close to Kenilworth. They felt that these uses were inappropriate and would destroy the viewsheds of Kenilworth and Martinsburg Pike. If this property is developed as a B3 use, the HRAB suggests the following be considered to mitigate impacts on the historic resogurces: 1) Types of Uses: The applicant should realize that Kenilworth is a key structure of Stephenson, and very significant to the surrounding area. The HRAB felt that the uses being proposed with this application (self -storage and warehouses) were inappropriate and insensitive to the surrounding area. It was recommended that a use that would better fit into the surrounding should be considered. 2) Screening and Setbacks: Intensive screening to hide this proposed development from Kenilworth and Martinsburg Pike is highly recommended along with additional setbacks off of Martinsburg Pike. 2a) Architecture: Commercial buildings on this site should blend in and compliment the architecture used with Kenilworth. 2b) Viewsheds: It was recommended that the viewsheds of Kenilworth and Martinsburg Pike not be impacted by this application. Efforts should be taken to make this area look "less industrial". County Attorney: Proper legal form. Does not appear any legal issues. Planning & Zoning_ 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning of the subject parcel as A-2 (Agricultural General) District. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The entire 59.71 -acre site is presently zoned RA (Rural Areas) District. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The subject parcel exists in a mixed land use area of Frederick County. APAC Virginia is located on the east side of Martinsburg Pike (Route 11 N); Easy Living Mobile Home Park is located to the south; the I-81 rest stop is located on the other side of I-81 to the west; and several existing residences and the historic Kenilworth property are located to the north. The subject parcel comprising this rezoning request is located within the boundaries of the Northeast Land Use Plan (NELUP), and is located wholly within the Sewer and Water Service Area (SWSA). The NELUP envisions the area of the subject parcel as future business use. Retail, service, and office land uses are envisioned along the Martinsburg Pike Corridor, and industrial uses are proposed adjacent to railroads. The proposal to rezone the 59.71 -acre site REZ #11-04, Adams Development Group Page 4 August 2, 2004 to B3 (Industrial Transition) District, with the proffered GDP, is generally consistent with this land use plan. The GDP illustrates offices along Martinsburg Pike (Route 11), self-service storage and office/warehouses uses in the center of the parcel, and warehousing in the rear beside the existing railroad. [Comprehensive Policy Plan, page 6-34 through 6-38. SJ Transportation/Corridor Design Standards The parcel comprising this rezoning application has frontage along Martinsburg Pike (Route 11 N). This roadway is classified as a major collector road and is a business corridor. Along business corridors, the Comprehensive Policy Plan calls for landscape buffers between the road and parking facilities to promote a more pleasant environment. A reduced number of entrances to minimize traffic congestion, a bicycle trail, appropriate building materials, compatible uses, and less visual clutter from signs are other corridor design standards encouraged by the Comprehensive Policy Plan. [Comprehensive Policy Plan, page 6-72] Planning Staff Comment: This rezoning application does not proffer either enhanced landscaping or a buffer along Martinsburg Pike (Route 11 N). Such features have been proffered by numerous other rezonings along Martinsburg Pike (Route II N) in recent history. Staff suggests that further consideration be given by the applicant to provide such features with this rezoning application, such as mitigating the visual impacts the proposed uses may have on Martinsburg Pike (Route 11 N) and the Stephenson Community. 3) Site Suitability/Environment The applicant's Impact Analysis Statement indicates that there are no areas of flood plains, wetlands, steep slopes, or woodlands on the subject property. However, a natural waterway exists along the southeast property line, and there may be some areas of wetlands associated with it. Demonstration that all environmental features will be protected in accordance with local and state regulations is required during the master development plan and site plan processes. The General Soil Map of the Soil Survey of Frederick County, Vir ig nia indicates that a variety of soil types exists on the 59.71 -acre site. These soil types include the following: Frederick- Poplimento Loams 2-7% slopes, Massanetta Loam 04% slopes, Frederick-Poplimento Loams very rocky 7-15% slopes, and Carbo -Oakley rock outcrop complex 2-15% slopes. The former two soil types are classified as prime farmland. The management of individual soil characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. [Soil Survey of Frederick County] 4) Potential Impacts A. Transportation As noted in the applicant's Impact Analysis Statement, a traffic impact study of the proposed rezoning was performed with this rezoning application. This study utilized the Institute of Transportation Engineers (ITD) Trip Generation Manual for determining the maximum traffic intensities for the proffered land uses. These proffered land uses include 40,000 square feet of REZ #11-04, Adams Development Group Page 5 August 2, 2004 office, 156,875 square feet of warehouse/office, 492,500 square feet of warehouse, and 146,200 square feet of self-service storage. A combined increase of 4,603 VPD is projected for development of the 59.71 -acre site under the proffered development pattern. The 2002 VDOT Daily Volume Jurisdictional Report 34 indicates that there are currently 6,300 VPD along the portion of Martinsburg Pike (Route 11 N) which fronts the subject property. Based on the proposed maximum traffic intensities, there would be an increase in traffic on Martinsburg Pike (Route 11 N) by 73.1 % as a result of this rezoning. The segment of Martinsburg Pike (Route 11 N) serving the subject parcel is comprised of two travel lanes and a center turn lane. The applicants have proffered that access to the property will occur through a single shared commercial entrance. Other transportation related proffers include the installation of a righ-turn deceleration lane and additional r -o -w dedication for possible future widening. In addition, the applicants have agreed to contribute towards the cost of signalization improvements in the area of Interstate 81 and Exit 321 to mitigate off-site transportation related impacts. VDOT Comment: VDOT has commented that they are satisfied with the transportation proffers offered by this rezoning application. B. Sewer and Water The Frederick County Sanitation Authority (FCSA) is authorized to serve the subject site with public water and sewer due to its location within the SWSA. The FCSA is the agency responsible for the operation and maintenance of the public water and sewer system to include the Global Chemstone Quarry and the Opequon Waste Water Treatment Plant. The FCSA has chosen to offer no comment concerning the impacts of the proposed rezoning. At maximum possible build -out, the applicant projects that the proposed commercial area will consume approximately 59,710 gallons per day (GPD) of water and generate an average daily sewage flow of 29,855 GPD. An existing 20" water main running parallel with the Winchester and Western Railroad, and a 10" water line running parallel with Martinsburg Pike (Route 11 N) are located on the property. The applicant has also noted that an 8" sanitary sewer force main is adjacent to the railroad. The applicant indicates that the Opequon Waste Water Treatment Plant and the Global Chemstone Quary, in combination with other water sources, possesses adequate capacity to accommodate the sewage flow and water demand projected with this proposal. C. Historic Resources As noted in the comments by the Historic Resources Advisory Board, the Kenilworth struture is identified as a potentially significant historical structure and is potentially eligible for the state and national register of historic places. A portion of the property is also located within the core area of the Second Winchester Civil War Battlefield, according to the Study of Civil War Sites In the Shenandoah Valley of Virginia, by the U.S. Department of Interior. This area is identified as having retained its historical integrity. REZ # 11-04, Adams Development Group Page 6 August 2, 2004 5) Proffer Statement - Dated July 22, 2004 A) General Development Plan. The applicant has proffered to develop the subject property in substantial conformance with the GDP. The GDP demonstrates a single shared commercial entrance and the layout of the proposed land uses. B) Permitted Uses. The proffer statement indicates that only office, office/warehouse, warehouse, and self-service storage land uses will be permitted on the property should the rezoning be approved. Furthermore, a maximum square feet is proffered for each of the four proffered land uses. C) Transportation. Transportation proffers include the restriction of more than one commercial entrance off of Martinsburg Pike (Route 11 N), construction of a right -tum deceleration lane, contribution of 20' of additional right-of-way to VDOT for future possible road improvements, and agreement to contribute towards the cost of off-site signalization in the area of Interstate 81 and Exit 321. D) Outdoor Storage Buffer. The applicant proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad for screening purposes. Planning Staff Comment: A Category C Zoning Buffer is required along the property line which adjoins the Easy Living Mobile Home Community (MHI District). If acceptable by the Planning Commission, the 50' woodland strip may be used to meet the screening requirements of this zoning buffer. However, a minimum of 100' buffer area (75' inactive and 25' active) would still be required by the Zoning Ordinance, and is shown on the proffered GDP. E) North Buffer. The applicants have proffered to utilize the 6' high berm opaque screening option along the north property line. F) South Buffer. The applicants have proffered to utilize the 6' tall fence as the opaque screening option along the south property line. G) Monetary Contribution. A monetary contribution of $8,355.00 is offered by the applicant for the purpose of impact mitigation for Frederick County Fire and Rescue Services. REZ #1 1-04, Adams Development Group Page 7 August 2, 2004 S 'X" AF, CONCLUOMON00 ®R 08/13/04 PLANNING COMMISSION MEETING: TING• This application is a request to rezone 59.708 acres from the RA (Rural Areas) District to the 133 (Industrial Transition) District. It is proffered that only offices, office/warehouses, self-service storage, and warehousing land uses will be permitted on the subject property. The 2003 Comprehensive Policy Plan articulates the planned land use of the subject parcel through the policies of the Northeast Land Use Plan (NELUP). This land use plan designates the subject parcel for business land uses. As described in this staff report, the development program proposed through the requested rezoning is generally consistent with the adopted land use policies of the Comprehensive Policy Plan. However, further consideration of enhanced design features is encouraged. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. m j OUTPUT MODULE N a� [ APPLICANT -Adams Not Fiscallmpact I LAND USE TYPE 83 W Costs of imoaCt Credit Credits to ba Taken for Future Taxes Paid [NPV) Total Potentia[ 1 REAL EST VAL $57,928,24p Required (entered in Cur. Budget Cur_ Budget Cap. Future CfP/ [ FIRE &RESCUE = Adjustment For d Tax Credits 1 _Capital FaalGies col sum only) Oder Can EOuio 6roend/Debt S. axes OIheT Unadiustad Revenue- Cost Balanas Net Capital Net Cost Per Facilities Impact Drveginq_Unil [ Fire and Rescue Department $301,628 [ Elementary Schools $0 1 Middle Schools_ $0 $D $301,626 #DIV/01 1 High Schools so $0 so 1 Parks and Recreation SO $0 so #DIV/01 I 30 1 Public Mrary 1 SherfFt`s Offices so 30 $0 $0 _ I $0 r)DlV/Oi I Administration Building $0 $14,887 $p $0 $14,887 $14.887 $0 $0 #DIDV/01 Other Miscellaneous Facilities SO $35,697 $34.411 $0V/01 I $0 #DIV/01 I L I SUBTOTAL. $301,628 $75.108 $75,108 40 I f/DIV/01 $50.584 $39,411 I LESS: NET FISCAL IMPACT $5,868,823 $0 $89,996 589,996 l $211,631 ODIUM! Z 1 NET CAP- FACILITIES IMPACT $5,888,823 55,868,823 8 a23 IV/ol Z i A1DNl0 7 Q 1 INDEX: "f.0" It Cap. Equip Included 1.0 1 [ I L INDEX:'i_0' if Rav-Cost Bal,'+0.0" if Ratio to Co Avg: 0.0 1 U PLANNING DEBT PREFERENCES 1,p 1.0 Rev -Coat Bal = 1,pOp Ratio to Co Avg 1.342 A METHODOLOGY: I. Capftal facilities requirements are input to the first column as calculated in the model. 1 �— Z. Net Fiscal l mpact NPV from operations calculations is input in row total of second column I LL i (zero irnegative), included are the one -lime taxes/tess for one year only at full value_ 3. NPV of future oper cap equip taxes paid in third r column as calculated in fiscal Impacts. 1 4. NPV of future capital expenditure taxes paid in fourth col as calculated in Bscal impacts. [ 1 I 5. NPV of future taxes paid to bring current county up to standard for new facilloes, as I calculated for each new facility. 1 1 6. Columns three through five are added as potentia[ credits against the calculated capital 1 facilities requirements. These r are adjusted for peroent of oasts covered by the revenues 1 from the project (actual, area ratio to avg. for 1 I all residential development). I 1 NOTE. Proffer calculations do not include include interest because they are cash payments up front. Credift do includa Interest jr the projects are debt financed. 1 NOTES: Model Run Date 04/19/04 CMM —•— u7 m j W LO Lo IPro ect Desrxi lion: Assumes 795,575 1 P square feet of warehouse uses (includes 39,200 square (eat of flex tech) and 40,000 square 1 feet of �a 1 office uses on 59.71 acres zoned B8 District (PIN 44 -A-75). U r i I I 1 Due to changing conditions associated with development1 Output Modula may not be valid beyond a f0dm the Counm till results I v) -this I yo period at 90 days from the model run date_ n I N r 1 1 � I V � [ 1 I 44 1 D Payne A 75A Orndoff A 76A 44 A 76B MullinsConard 44 A 76B /,Wilder 11 N 44 A 75 The Adams Development Group 44 A 70 Grim 44 A Demores7 t 44 A 73 Whitef 9Q 44 A 89 .�� APAC 44 A 04 Adams Development Group (44 - A - 75) N E 0 1 2 4 6 8 S Miles qggwo, aw,amag, ��` e. { r c e M OWNk Olog �✓ 11 ��i � '� � y. Ile .. -`.. a µ•ms , � 40 �'i�'y- `SIC r! - _ y� fi# ;IJ,. 4 Adams Development Group (44 - A - 75) N W E 0 1 2 4 6 8 S Miles Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning ADAMS DEVELOPMENT GROUP, INC. REZONING Tax Parcel #44-((A))-75 Stonewall Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # i 1 _ oil for the rezoning of 59.71 -acres from the Rural Areas (RA) District to Industrial Transition (133) 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 the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Adams Development Group, being all of Tax Map Parcel 44-((A))-75 and further described by Boundary Survey Plat prepared by Edward W. Dove, L.S., dated July 29, 2003 (see attached Boundary Survey Plat). A.) Generalized Development Plan The applicant hereby proffers to develop the 59.71 -acre property in substantial conformance with a Generalized Development Plan approved as part of the rezoning application. The Generalized Development Plan is intended to delineate the general location and relationship of land bay uses. B.) The following maximum building square footages for each specified land uses are proffered. All other land uses, otherwise allowed (permitted) in the B3 zoning district are hereby prohibited on the 59.71 -acre property. 1. office 40,000 square feet 2. office / warehouse 156,875 square feet 3. warehouse 492,500 square feet 4. self-service storage facility 146,200 square feet TOTAL BUILDING AREA 835,575 square feet File #3949/EAWlajc Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning C.) Transportation 1.) Access to Martinsburg Pike (US Route 11) Direct access to Martinsburg Pike (US Route 11) will be provided through a single shared commercial entrance to provide ingress and egress for all uses within this site. This shared commercial entrance will be located so as to align with the existing commercial entrance to the APAC site located on the opposite side of Martinsburg Pike. 2.) Turn lane — Martinsburg Pike (US Route 11) The applicant hereby proffers to install a right -turn deceleration lane at the entrance on Martinsburg Pike (US Route 11). 3.) Additional Right-of-way Dedication In the interest of future area transportation plan improvements, the applicant hereby proffers to dedicate to the Commonwealth of Virginia twenty (20) feet of additional right-of-way on the Martinsburg Pike (US Route 11) frontage of the property. 4.) Corridor Improvements, Signalization In recognition of offsite transportation impacts, the applicant hereby proffers to contribute a prorated share of the cost of signalization improvements in the area of Interstate -81 Exit 321. The Virginia Department of Transportation (VDOT) will determine the appropriate location for signalization improvements and will determine when this improvement is warranted. The applicant will enter into a signalization agreement with VDOT that will provide a one-time contribution towards the cost of signalization in a prorated amount to be determined by VDOT based upon the traffic volume generated by the developed portion of the subject property. D.) Outdoor Storage Buffer The applicant hereby proffers to preserve a continuous strip of existing vegetation on the west side of the Winchester and Western Railroad, as identified on the Generalized Development Plan, to screen the outdoor storage area from Interstate 81 and the MHA property to the southwest. The applicant will preserve a minimum depth of fifty (50) feet of the existing vegetation adjacent to both the Interstate -81 right-of-way and that approximately 242 foot portion of the property line shared with the MH -1 zoned property to the south. Should such existing vegetation be deemed insufficient screen by the Zoning Administrator at the time of site plan review, the vegetative area will be supplemented with additional landscaping and/or opaque structures as needed to meet ordinance standards. File #3949/EAW/ajc 2 Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning E.) North (Kenilworth) Buffer The applicant hereby proffers to utilize a minimum six foot high earthen berm, rather than a fence, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to properties to the northeast. F.) South Buffer The applicant hereby proffers to utilize a minimum six foot high fence, rather than earthen berm, as the opaque element within the one -hundred foot wide Category "C" full screen adjacent to properties to the south. G.) Monetary Contribution to Offset Impact of Development The undersigned owner of the above-described property hereby voluntarily proffers that in the event rezoning application # f x-011 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ .01/ building square foot This payment, potentially totaling $8,355 is intended to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue, due to an increased demand on public services. The proffer increments will be paid at the time of the building occupancy permits. File #3949/EAW/ajc 3 Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning H.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Rnarrl of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: ADAMS DEVELOPEMNT GROUP, INC. By:3b Obert C. Adams, its President Date Commonwealth of Virginia, City ounty of Fy mc e -ICL To Wit: The foregoing instrument was acknowledged before me this -�6Yc� day of A ir5i__ 200 -' by C°. 9Ci -{~ 0. AG1CcV1, 1S . Ne -F Icw< ,* Acirzyyi5 aC VeI()jAIX-0I-f- - YZL.110):Uoc Notary Public My Commission Expires PbwavLf 20, 2C6 j File #3949/EAW/aje 4 IMPACT STATEMENT ADAMS DEVELOPMENT GROUP, INC. REZONING Stonewall Magisterial District Frederick County, Virginia TM 44-((A))-75 59.71 Acres June 21, 2004 Current Owners: Adams Development Group, Inc. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning ADAMS DEVELOPMENT GROUP, INC. REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of a 59.71 acres parcel owned by the Adams Development Group, Inc. The subject parcel is Jocated on the west side of the Martinsburg Pike (US Route 11), near the intersection of o n . c. A Road (Route 664) in the Stephenson area. Interstate 81 forms a boundary on the northwestern edge of the parcel, with the Winchester and Western Railroad rail line roughly paralleling the Interstate just inside this northwestern side of the property. The current zoning is RA (Rural Areas) District. The Adams Development Group, Inc. proposes to rezone the 59.71 -acre parcel to B3 (Industrial Transition District) for the purpose of developing general warehouse, flex office warehouse, self -storage warehouse, and office uses. (Reference Attachment]. Adams Rezoning Existing Zoning and Location Map) Basic information Location: Martinsburg Pike (US Route 11), near Jordan Springs Road (Route 664) Magisterial District: Stonewall Property ID Numbers: 44-((A))-75 Current Zoning: RA District Current Use: Unimproved Proposed Use: Office, Office /Warehouse, Warehouse, and Self-service Storage Facility Proposed Zoning: B3 District Total rezoning area: 59.71 acres Proposed build -out 835,575 square feet maximum 43949 2 Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning COMPREHENSIVE PLAN The proposed site is being developer) in conformance with the Comprehensive Policy Plan, Northeast Land Use Plan. The subject property is to be developed in commercial and industrial transition land uses as depicted on page 6-33.4 of the Comprehensive Policy Plan. 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. A. SUITABILITY OF THE SITE Access The subject site, tax parcels 44-((A))-75, is located on a manmade boundary created by Interstate 81 on the western edge of the tract and Martinsburg Pike (US Route 11) to the east. A single entrance on Martinsburg Pike (Route 11) is proposed to accommodate vehicular access to the subject site. Martinsburg Pike is a three lane arterial road providing for a single north and south travel lane and a center turn lane along the entire frontage of the subject site. The availability of rail along the northwest side of the subject site provides opportunities for rail service. Flood Plains The subject site is located on the FEMA NFIP map #510063-0115-B. The site is located as "Zone C", area outside the 100 -year flood plain. Wetlands The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. Steep Slopes There are no steep slopes (over 50%) on this site. #3949 3 Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning Mature Woodlands There are no woodlands on the subject site. Soil Types (Reference Attachment 2. Adams Rezoning Existing Soils Map) The following four soil types are identified in this property according to the Soil Survey of Fredrick Countv, map sheet number 24 (USDA Soil Conservation Service). 7C-Carbo-Oaklet-Rock outcrop complex 2-15 percent slopes, covers approx. 5% of site 1413-Fredrick-Poplimento Loams 2-7 percent slopes, covers approx. 40% of site 16C-Fredrick-Poplimerto Loams, very rocky 7-15 percent slopes, covers approx. 20% of site 29-Massanetta Loam, 0-4 percent slopes, covers approx. 35% of site The 14B and 29 soil types are identified as prime agricultural soils according to Table 5, Prime Farmland (Soil Survey of Fredrick County, page 123). B. SURROUNDING PROPERTIES Adj oining property zoning and present use: North: Zoned RA District Use: Residential SFD/mobile home South: Zoned MHl District Use: Mobile homepark Zoned Ml District Use: Commercial Zoned RA District Use: Residential SFD East: Zoned B3 District Use: Industrial (APAC Virginia, Inc.) Zoned RA District Use: Institutional (church) West: Zoned RA District Use: Interstate Highway 81 Use: VDOT Rest area/welcome center 43949 4 Greenway Engineering June 21, 2004 Aaams Development Group, Inc. Rezoning Co TRANSPORTATION The proposed rezoning has proffered a maximum aggregate of 835,575 square feet of building area, comprised of four specific categories of land uses on the 59.71 -acre parcel. A traffic study of the proposal was performed by Kellerco, Incorporated. The results of this study (utilizing Institute of Transportation Engineers ((ITE)) Trip Generation Manual, 7`h Edition), is as follows. Office (ITE code 710) Office / Warehouse (ITE code 710/150) Warehouse (ITE code 150) 40,000sf 100% 39,200sf 25% office 117,675sf 75% warehouse 492,500sf 100% Self-service Storage Facility (ITE code 151) 146,200sf 100% TOTAL 659 VPD 649 VPD 783 VPD 2,163 VPD 349 VPD F17G�if]�. Please reference Attachment 3. Adams Rezoning Traffic Study, Kellerco, February 17, 2004 The 2002 VDOT Daily Volume Jurisdiction Report 34 identifies Martinsburg Pike (Route 11) between Old Charles Town Road (Route 76 1) and Cedar Hill Road (Route 67 1) with 6,300 VPD. All vehicle trips entering and exiting the subject site will travel north or south on Martinsburg Pike to access Interstate 81 (N or S). The Winchester Area Transportation Study (WATS) does not call for improvement to Martinsburg Pike north of Old Charlestown Road (Route 761); however the applicant has proffered to dedicate right-of-way to VDOT for the future development of an additional travel lane. (Reference Attachment 5. Adams Development Group, Inc. Generalized Development Plan) The applicant recognizes that all development impacts the transportation system beyond the limits of the subject property's road frontage. As a function of an applicant initiated rezoning request, Frederick County may accept proffers related to off-site improvements. Therefore, this applicant proffers to contribute a prorated share of the cost of signalization improvements in the area of Interstate -81 Exit 321. #3949 5 Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning D. SEWAGE CONVEYANCE AND TREATMENT The 59.71 -acre parcel is located within the Route 11 North Sewer and Water Service Area (SWSA). There is a newly constructed 8" sanitary sewer force main adjacent to the Winchester and Western Railroad running north to south through the property. Based on comparable discharge patterns, the Frederick County Sanitation Authority (FCSA) has determined that 500 gallons/day per acre is a reasonable guide for estimating the sewer impact for this commercial and industrial transition site. Q=500 gallons/day/acre Q=500 gpd x 59.71 acres Q=29,855 gpd The proposed zoning is estimated to add 29,855 gallons per day to the public sewage conveyance system and the Opequon Waste Water Treatment plant. The design capacity of the treatment plant is 8.4 million gallons per day, of which approximately 6.4 is currently being utilized The total build -out of the proffered land uses would require approximately 1.5 percent of the available capacity at the Opequon Waste Water Treatment plant; therefore, adequate capacity is available for this development. E. WATER SUPPLY The 59.71 -acre parcel is located within the Route 11 North Sewer and Water Service Area (SWSA). There is an existing 10" water main in Martinsburg Pike (Route 11) and a newly constructed 20" water main adjacent to the Winchester and Western Railroad running north to south through the property. The existing water consumption patterns, Frederick County Sanitation Authority (FCSA) has determined that 1,000 gallons/day per acre quantity is reasonable to consider for the water impact analysisfor this commercial and industrial transition site. Q=1000 gallons/day /acre Q=1000gpd X 59.71 acres for Q=59,710 gpd The proposed uses will utilize an estimated 59,710 gallons of water per day. The Global Chemstone Quarry is one of three sources contributing to the blended water for the new 20 - inch water main. This quarry, with 3.75 million gallons per day available capacity, is serviced by a water treatment facility providing approximately 2 million gallons per day of potable water. The projected water usage at build -out would account for less than 3 percent of this portion of the blended water sources. Adequate capacity is available for this development. #3949 6 Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning F. SITE DRAINAGE The 59.71 -acre parcel is gently sloped from the northwest to the southeast. The site generally drains southeasterly towards an intermittent stream (unnamed on USGS map) along the southern property line of the site. Stormwater management will be designed to allow for sheet flow through the paved areas serving the various uses to a stormwater management pond and then to be released to the existing natural stream system at an acceptable rate. The stream flows northeast, beneath Martinsburg Pike and into a small pond approximately a tenth of a mile northeast of the site. Stormwater management design will occur during the site development plan process, which will require approval by the Frederick County Engineer and the Virginia Department of Transportation. The following calculations estimate the proposed storm water runoff for a ten-year flow (Reference: VDOT Drainage Manual): Exi sti nQ C = 0.30 (pasture) Ino =4.6 in/hr (15min) A = 59.71 acres Qio= 82.40 cfs (Q = CIA) Proposed C = 0.90 (commercial) ho= 5.5 in/hr (10 min) A = 59.71 acres Qio= 295.56 cfs (Q = CIA) Development of the subject site at maximum build -out will therefore result in an increased runoff of 213.16 cfs. A detailed stormwater evaluation shall be included with any site plan submittals. A detention pond and other stormwater management facilities will be built to control storm water discharge into the above referenced unnamed stream. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume figure of 5.4 cubic yards per 1,000 square feet of commercial floor area (Civil Engineering Reference Manual, 4U' edition). The following figures show the increase in average annual volume (based on the proffered 835,575 square feet of total building area minus the 146,200 square feet proffered to self-service mini - warehouse, yielding 689,375 square feet of qualifying area). AV = 5.4 Cu. Yd. per 1,000 sq. ft. AV = 5.4 Cu. Yd. x 689 (1,000 sq. ft_) AV = 37,206 Cu Yd at build -out The Municipal Solid Waste area of the Regional Landfill has a current capacity of 13,100,000 cubic yards (13.1 Million Cu. Yd.) This capacity is more than adequate to accommodate the solid waste generated from this project. #3949 7 Greenway Engineering June 21, 2004 Adams Development Group, Inc. Rezoning H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey identifies one structure within the immediate area of the subject property, that being Kenilworth (34-113). The Frederick County Rural Landmarks Survey identifies Kenilworth as a property "potentially eligible for the state and national register of historic places" (page 250). The Generalized Development Plan depicts the one hundred foot wide full screen buffer the applicant will provide adjacent to the Kenilworth property. Along the 504 foot shared property line this buffer will contain a six foot high berm and more than one hundred and fifty trees and bushes. (Reference Attachment 5. Adams Development Group, Inc. Generalized Development Plan) The subject site falls within the northwest corner of the core battlefield area boundary of the Second Winchester engagement (Stephensons Depot phase). However, due to the existing development surrounding the site, this area is identified as "having lost historic integrity". I. OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the proffered development of 835,575 square feet of transitional industrial land use. The results of this model run indicate that the development of the subject site will provide a positive revenue source to Frederick County of $5,402,768 at build -out; however the model run indicates a fiscal impact to Fire and Rescue Services. Therefore, the applicant has proffered a monetary contribution $0.01 per square foot to adequately address the impact to Fire and Rescue Services for capital facilities costs which will generate a revenue of up to $8,355 at project build -out for Fire and Rescue Services. No other impacts are anticipated as a result of this rezoning proposal. Attachments L Adams Rezoning Existing Zoning and Location Map 2. Adams Rezoning Existing Soils Map 3. Adams Rezoning Traffic Study, performed by Kellerco, dated February 17, 2004 4. Adams Development Group, Inc. Proffer Statement 5. Adams Development Group, Inc. Generalized Development Plan #3949 8 ;o: Evan Wyatt Organ izationlCompany: Greenway Engineering From: John F. Callow Date: July 8, 2004 Project Name/Subject: Adams Office/Warehouse Rezoning PHR+A Project file Number: 13079-1-0 Patton Harris Rust & Associates, pc (PHR+A) has prepared this technical evaluation of the proposed rezoning for the Adams tract (59.71 acres) in the Stephenson area of Frederick County north of Winchester, Virginia. STUDY AREA AND PROSED DEVELOPMENT The Adams tract is on the west side of Martinsburg Pike (Route 11) at Stephenson Road in Stephenson, Virginia The requested rezoning is for the purpose of developing general office warehousing and mini -warehousing land uses totaling approximately 835,575 square feet. The average daily trips from this site have been estimated to be less than 5,000 per day (4,603). The site would be served by a standard commercial entrance. TRAFFIC ASSESSMENT The impact of this proposed development upon Route 11 will be minimalwith the present 3 -lane cross section accommodating a north and southbound lanes and a separate lane for left turns. The intersection of Old Charles Town Road has been proffered to be improved and signaliwd by the recently approved Stephenson Village Project. The interchange of Route 11 and Interstate -81 has proffers and long-range plans associated with it. The Hopewell interchange with I-81 and the intersection of Route 11 with Hopewell Road/Brucetown Road has been studied recently by PHR+A in connection with a several proposed rezonings in the vicinity. The ramps serving the Interstate as well as the intersections on Route 11 are not signali2ed. The several studies have shown that the intersections formed by the ramps on Hopewell Road will maintain levels of service (LOS) "N' and "B" which should still be the case with the addition of new trips from the Adams Tract. The intersection of Hopewell Road with Route 11 deteriorates from a LOS "C" to an "E" with the stop sign. Traffic signalimtion returns the LOS to "C". While Brucetown Road inte' ; tion m ii ins acceptable LOS's unsignalized, due to its close proximity to Hopewell it may be desirable to sifnalh� this intersection coordinated with the Hopewell intersection.` . f CONCLUSION The proposed rezoning of the Adams tract will be a minimal impact upon the Route I1 corridor in Stephenson, Virginia It is recommended that the best impact mitigation measure that the owners of the tract could offer is a signalization agreement with VDOT for the intersection of Hopewell road and Route 11. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway En ing eering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Name: Adams Development Group, Inc. Ann.: Robert Adams Address: HC 34 Box 30 Bloomery, WV 26817 3. Contact person if other than above Name: Evan A. Wyatt, AICP Telephone: (540) 662-4185 Telephone: (540) 539-3599 Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. 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: Adams Development Group, Inc. 6. A) Current Use of the Property: Agricultural, undeveloped (59.71 acres) B) Proposed Use of the Property: Industrial transition uses 7. Adjoining Property: Please see attached PARCEL ID NUMBER USE ZONING 44-A-2 Residential RA 44-A-3 Residential RA 44-A-60 Residential RA 44-A-61 Residential RA 44-A-62 Residential RA 44-A-63 Institutional, church RA 44-A-64 Institutionalchurch RA 44-A-70 Residential RA 44-A-71 Residential RA 44-A-72 Residential RA 44-A-74 Residential RA 44 -A -75A Residential RA 44-A-76 Residential RA 44 -A -76A Residential RA 44-A-7613 Residential RA 44 -A -76C Residential RA 44 -A -76D Residential RA 44-A-89 Industrial M ll 44 -A -89A Residential RA 44-1-D Commercial MH1 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): North of the City of Winchester. fronting on the west side of Martinsburg Pike (US Route 11), opposite the intersection with4enj!Sp4= Road Route 664) 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 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 44-A-75 Districts Magisterial: Stonewall High School: James Wood High School Fire Service: Clearbrook Middle School: James Wood Middle School Rescue Service: Clearbrook Elementary School: Stonewall Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 59.708 RA B3 59.708 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family hares: 0 Townhome: 0 Multi -Family: 0 Non -Residential Lots: 0 Mobile Home: 0 Hotel Rooms: 0 Square Footage of Proposed Uses Office: 40,000 Service Station: 0 Retail: 0 Manufacturing: 0 Restaurant: 0 Warehouse: 492,500 sq ft Other: 156,875 sq ft flex office/warehouse, 146,200 sq ft self storage warehouse 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Greenway Engineering B W Date: f 3 Evan'Wyatt, AICP Owner(s): Adams Development Group, Inc. B : Date- Rd5Krt C. Adams, its President Special Limited Power of Attorney . County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Robert C. Adams, president Adams Development(Phone)540-539-3599 Group (Address)_ HC 34 Box 30 Bloomery, WV 26817 the owner(s) of all those tracts or parcels of iand ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 030015420 on Page 0670 , and is described as Parcel: 44 Lot: 75 Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) 540-662-4185 (Address) 151 Windy Hill Lane Winchester, VA 22602 To act as my true and lawful attorney-in-fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Q Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. � In witness thereof, I (we) have hereto set my (our) hand and seal this � day of -�Y% , 200A, Signature(s) State of Virginia, Ciry/Coun y of- 7- <—f O` tr��` , To-.vit: � 1 I'1. , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, pers lly appeared before me a has acknowledged the same before me in the jurisdiction aforesaid this ay of<� 200i. My Commission Expires: `l)p mvgy Nir Public VICINITY MAP SURVEYORS CERTIFICATE I, EDWARD W. DOVE, A DULY CERTIFIED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA DO HEREBY CERTIFY THAT THE LAND SHOWN HEREON IS NOW IN THE NAME OF THE ADAMS DEVELOPMENT GROUP, INC. AND WAS ACQUIRED BY THEM BY DEED FROM BROWN LOVETT. JR. BY HIS ATTORNEY—IN—FACT, CATHERINE C. LOVETT. THE DEED WAS DATED JULY 16. 2003. AND RECORDED AT INSTRUMENT x/030015420 AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. I FURTHER CERTIFY THAT THE SURVEY IS CORRECT TO THE BEST OF MY KNOWLEDGE. i SURVEYOR STATE OF VIRGINIA COUNTY OF FREDERICK, TO—WIT- 1, GREGORY R. SHAUGHNESSY. A NOTARY PUBLIC IN AND FOR THE STATE OF VIRGINIA AND COUNTY OF FREDERICK, DO HEREBY CERTIFY THAT THIS DAY PERSONALLY APPEARED BEFORE ME EDWARD W. DOVE, WHOSE NAME IS SIGNED TO THE FOREGOING INSTRUMENT DATED 3RD DAY OF SEPTEMBER, 2003, AND ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE AND COUNTY AFORESAID. GIVEN UNDER MY HAND THIS 3RD DAY OF SEPTEMBER. MY COMMISSION EXPIRES NOVEMBER 30, 2005. NOTARY PUBLIC BOUNDARY SURVEY ON THE PROPERTY OF THE ADAMS DEVELOPMENT GROUP, INC. INSTRUMENT x/030015420 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA THIS PLAT HAS BEEN PREPARED MATHOUT THE BENEFIT OF A TITLE REPORT I DATE- JULY 29, 2003 SCALE: 1" = 400' AND DOES NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. OWNER: THE ADAMS DEVELOPMENT GROUP, INC. FLOOD NOTE — W.O. # D2014 ZONE: C COMMUNITY NO: 510063 PANEL: 0110 8 DATE: 7— ENGINEERS DIM PLANNERS —ENGINEERSPLANNERS & ASSOCIATES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 1 OF 2 WINCHESTER, VIRGINIA 22601 (540)667-1103 doveinc®visuallink.com o{A�yTH pF, O 0 a EDWARD W. DOVE CERT. NO. 54-17-3(A) 964 RF PARCEL B N 53"29'14 W 207029.4 SO. FT. 242.44 4.753 ACRES RF N 53-29'14" 62.22' RS N S7- N 57• f 47• 8 F 1846 76 PAYNECLA LVr;H B L'EED 9^GK 381 PG ?'S ZONED M'i USE CCii-MERICAL (N cn GOp,O F R� NORM\ o CL OF 74 36' 4�6 2 �9•Z2. '5 DE3r2tiH A RAILROAD TRACKS k\2' m rn ZO?NED RA U N SANITARY USE RES1;:E.'i`IlAL vL.ri E)z,z Rik MANHOLE kVDH WATER k MONUMENT 35.26' a VAES S 70.58'30" E DTD BC-ZK 415, PG 490 ZCAE.:. RA. c�O USE RwOEN,11A 03 RF NEAR FENCE o N VDH MONUMENT to 'jRND-0FF CHARLES W m o DEED BOOK 415 PG 217 S 24.31'46" W ZONED RA USE RESIOE'd11AL PARCEL A 182.63' m 2,393,839.800 POST 54.955 ACRES POST POST BARN i1' S 76'21'26" W Q. 73.30' S 70'36'46" W v, 94.54' O- 6r- S 29'31'26" W wrarE �w�c0 L L a BETTY DW.-01OW32M 47.75' USE ��IAL RF F S 27 59'06" W co 165.49' q- S 70'17'26" W R POST U.S. ROUTE 11 40.60' RF POST R/W VARIES -� ,�f- --R=2784. DEMOIESi RIMM 0.- Gm MVD B � Rm. , Iwoww D® BOOTS Oro PO 199 N 62.08'46" W 2a1E0 RA ZONM RA 186.36' 114E Ri90ENRAL DSE RES10DtIVJ_ o Q -A c e:FNJ CHURCH BOUNDARY SURVEY ON THE PROPERTY OF THE ADAMS DEVELOPMENT GROUP, INC. INSTRUMENT #030015420 STONEWALL DISTRICT FREDERICK COUNTY, VIRGINIA In:ULLi '5 DE3r2tiH A DSS B 47 BOCK 6PG 3:0 m rn ZO?NED RA ni USE RES1;:E.'i`IlAL vL.ri E)z,z Rik ' BOOK 415 PG 443 R? 3462' USE RES'_;Etir:A= DTD BC-ZK 415, PG 490 ZCAE.:. RA. c�O USE RwOEN,11A H07 DQR�I:vY ,I 010(K)O101 ZON-M RA 435.42 USE RESI'DEN RAL 3'23'30" IPC)qT ADAC PRCPO.:Y THIS IS TO CERTIFY THAT ON JULY 29, 2003 1 MADE AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON, AND THAT THERE ARE NO EASE- MENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTHER THAN THOSE SHOWN HEREON. NOTES: 1. TAX ASSESSMENT MAP NO. 44-A-75 2. CURRENT INSTRUMENT IN CHAIN OF TITLE IS ,{030015420 3. RF- RMAR FOUND. RS= REBAR TO BE SET THIS PLAT HAS BEEN PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT I DATE: JULY 29, 2003 AND 006 NOT NECESSARILY INDICATE ALL ENCUMBRANCES ON THE PROPERTY. OWNER: THE ADAMS DEVELOPMENT GROUP, INC. W.O. # D2014 FLOOD NOTE - NO: 510063 PANEL:- 0110 B ENGINEERS x*w PLANNERS A c-c�rvrTlrTES SURVEYORS 3078 SHAWNEE DRIVE P.O. BOX 2033 WINCHESTER, VIRGINIA 22601 (540)667-1103 2OF2 doveinc®visuallink.com SCALE: 1" = 400' H op .0 EDWARD W. DOVE CERT. NO. 54-17-3(A) 964 19� s���p4 ZONING BUFFER LEGEND/t JI •CCAtf0p[f.1pp REL ECIBIm Nn, BEIM® r r/ �! / �/ 9/ -/ s�`\`\� / '1 I Z u,Eeper. mlLLL eefsmmwfmca® /�/ 9/1iJ /�/~' II c. lu Lu ®�®mom / r R FGNAREBW ;� MH-1 BUFFER LEGEND VINICINTY MAP Ys�' -' /� / ;/ �J IS, s SCALE I' a 2000' / IN is, 13 AREA TABULATION BUILDING MFA / /�,�^yq-p�OfAXneNfp�Ny\�- EO�NCE--Mfr1R�EOl"YL offiGE 10.000 S. F. / / ' UE�� OEDEC R�9�EIBUE U mtPIItIAL E OFfO �gl"A1MEO tff OFFEH / BMENOUSE :56.815 S.F. tf0 0E WMEHOUSE 92.500 S.i. / �/� ' Z SEIf-SERVICE SfORACE iACIIM taS,i00 S.f. / / O IOTAI BUILDING MEA 835,515 S.F. �^/ / / / TT > F.AR. . OSIDOT 20' DEDICATION w FOR 1,875 SF ' \ ' FUTURE RT. 11 56 / O / WIDENING w "Q OFFICE! WAREHO,7US /+( 40,000 OF Eat g No.02zBVT" E37 9. fSSIDN4L ��� r�492,500 SF —' ,ZrREHOUSE{l�1CLUOTHERSIDEORR Igo z Z 146 200 SF ' "� O z E SELF TORAGE \N .! 0 < 0 z ra W � w � o v' LA N; SWM AREA // 47 E' ZONED Z-\ ✓� '/ ,� t J Vd, E\R4bEy�� � ///\/) /'/�2r.,�f\ 12 MEMORANDUM TO: Frederick County Planning Commission FROM: Candice E. Mills, Planner I (.0411 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 RE: Request of Exception - Centex Homes for Wakeland Manor DATE: August 4, 2004 FAX: 540/665-6395 The Planning Commission has received a waiver request from Centex Homes to allow the extension of a private road network through their townhouse development in Wakeland Manor, a mixed development with 397 single family dwellings and 214 townhouses. The request is to allow seventeen (17) townhouse units in phases 5 and 9 of the subdivision to be located more than 500 feet from a state maintained road. A copy of the townhouse portion of Wakeland Manor has been included for your information, the shaded areas denote the three areas that will be affected by this waiver. The subdivision ordinance § 144-24C(2)b specifies that: "When such lots [townhouses] do not abut public streets, they shall abut private roads, parking lots or access easements. The length and extent of the private roads, driveways and parking aisles providing access to lots shall be minimized, and public streets shall be provided in larger subdivisions when substantial distances are involved. Individual lots shall not be more than 500 feetfrom a state -maintained road, as measured from the public street along the access route. The Planning Commission may allow lots to be located as much as 800 feet from a state maintained road in cases where enhanced circulation is provided with a driveway loop. " The townhouse development in Wakeland Manor is situated on the eastern side of the future Warrior Drive extension in Stephens City that is being built with the Wakeland Manor Subdivision. The approval of this waiver will allow Centex Homes to build their townhouse development in conformance with their approved Master Development Plan. The Planning Commission should determine if they believe the waiver is appropriate in this case. Please contact our department if you need additional information. Enclosure 107 North Kent Street - W; nchester, Virginia 22601-5000 Centex Homes N Wavier Request W E 0 1 2 4 6 8 Miles