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PC 07-18-07 Meeting Agenda7:00 P.M. AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia July 18, 2007 CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting............................................................................ (no tab) 2) June 6, 2007 Minutes and June 20, 2007 Minutes........................................................... (A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Update of the 2008-2009 Frederick County Secondary, Primary, and Interstate Road Improvement Plans. The Secondary, Primary, and Interstate Road Improvement Plans establish priorities for improvements to the Secondary, Primary, and Interstate road networks within Frederick County. Mr. Bishop....................................................................................................................... (B) PUBLIC MEETING 6) Master Development Plan. #07-07 for the Walters Property, submitted by Artz & Associates, PLC, for Six Single Family Detached Traditional Residential Lots (15,000 square foot lots). The properties are located on Lauck Drive (Route 832), and are identified with Property Identification Numbers 53A -A-34 and 53A -A-35, in the Stonewall Magisterial District. Mrs. Perkins..................................................................................................................... (C) 7) Subdivision #16-07 and Waiver Request of WIN, LLC, submitted by Greenway Engineering, to create three out -parcel lots, and waiver of Subdivision of Land, Section 144- 24, Lot Requirements, (C) Lot Access. The property fronts the northern boundary of Berryville Pike (Route 7) at its intersection with Interstate 81 at Exit 315, and is identified by Property Identification Number 54 -A -99E in the Stonewall Magisterial District, Mr. Cheran................................................................................................... ......... (D) 8) Other FILE COPY • �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 June 6, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District; Robert A. Morris, Shawnee District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M. Molm, Red Bud District; Gary R Oates, Stonewall District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; H. Paige Manuel, Member -At -Large; Barbara Van Osten, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Charles E. Triplett, Gainesboro District; Richard C. Ours, Opequon District; and the City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Michael T. Ruddy, Deputy Planning Director; Candice Perkins, Planner II; Lauren Krempa, Planning Technician; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Upon motion made by Commissioner Kriz and seconded by Commissioner Manuel, the Planning Commission unanimously adopted the agenda for this A evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Kerr, the minutes of the April 18, 2007 Planning Commission meeting were unanimously approved as presented. COMMITTEE REPORTS Development Review & ReQulations Subcommittee (DRRS) — 05/24/07 Mtg. Commissioner Unger reported that the DRRS had a lengthy discussion about ordinance changes to convert the existing Standard Industrial Classifications (SIC) to the North American Industry Classification System (NAICS). Frederick County Planning CommissionPage 2060 Minutes of June 6, 2007 IRA FT -2 - Transportation Committee — 05/21/07 Mtg. Commissioner Kriz reported that the Transportation Committee discussed changes made to the Transportation Impact Fees resulting fi7om legislation this year by the General Assembly. Commissioner Kriz reported that some of the major changes included: use of the word "benefiting" rather than "necessitated by and attributable to" regarding new development, areas in the Urban Development Area may be excluded; a change from ten years to 20 years for development; and impact fees being assessed at the time of the building permit rather than the certificate of occupancy. He said transportation impact fees cannot be used for road maintenance. In addition, the committee discussed possible examples of where this could be applied in Frederick County. Conservation Easement Authority (CEA) Commissioner Light reported that the CEA is working on acquiring certification through the Virginia State General Assembly's PDR (Purchase of Development Rights) Program, which is a newly allocated funding program which will provide a total of $4'/4 million across the State, for registered and certified counties with PDR Programs, in allotments of approximately $265,000 for each county certified. He reported this is a matching grant and Frederick County is working with its Finance Department to determine how the County could allocate money for future matching grants. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. PUBLIC MEETING Conditional Use Permit 904-07 of Edison Gomez for a public garage with body work at 2608 Double Church Road (Rt. 641). This property is identified with P.I.N. 93-4-3 in the Opequon Magisterial District. Action — Recommended Approval with Conditions Planning Technician, Lauren Krempa, reported that public garages with auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit (CUP), provided that all repair work takes place entirely within an enclosed structure and all exterior storage of parts and equipment is fully screened from adjoining properties. She added that ordinance requirements stipulate that all repair work shall take place entirely within an enclosed structure, as well as screening of all parts and equipment. Ms. Krempa next read a list of recommended conditions, should the Commission find the use to be appropriate. Frederick County Planning Commission Minutes of June 6, 2007 Page 2061 -3 - Mr. Edison Gomez, the applicant, stated that the garage was constructed in 1986. Mr. Gomez said he initially intended to use the garage for his own personal shop. Later, he decided to start a business and applied for a business license and CUP. Mr. Gomex explained that the only work he did to the building was to add guttering, he put epoxy coating on the concrete floor, and he insulated the walls. He said the electric and water was installed in 1992. Commissioner Moms asked the applicant how he would dispose of by-products. Mr. Gomez replied that left -over scrap metal is taken to Zuckermans for recycling approximately once a month. Chairman Wilmot called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the hearing. Commissioner Kriz made a motion to approve the CUP with the conditions recommended by the staff and with the added condition that no scrap parts or metal will be accumulated outside. This motion was seconded by Commissioner Manuel and unanimously passed. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit 404-07 of Edison Gomez for a public garage with body work at 2608 Double Church Road (Rt. 64 1) with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. Any business uses outside the repair realm of the conditional use permit is not permitted. All vehicles awaiting repair will be shielded from view of all adjoining properties. All repairs shall take place within the existing three -bay garage. 5. The applicant will be limited to repairing three inoperable vehicles on the property at a time, including storage. 6. Hours of operation shall be from 7:00 A.M. to 7:00 P.M. T This repair business is not permitted any employees other than current residents of the property at 2610 Double Church Road, per the Health Department's comment for this application. Any expansion or change of use shall require a new Conditional Use Permit. 9. No scrap parts or metal will be accumulated outside. Rezoning #05-07 of the Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from MI (Light Industrial) District to B2 (Business General) District with proffers for office and retail uses. The property is located on the south side of Airport Road (Rt. 645), directly across from the Winchester Regional Airport terminal building. The property is identified with P.I.N. 60-A-401 in the Shawnee Magisterial District. Action — Tabled for 45 Days Frederick County Planning Commission Page 2062 Minutes of June 6, 2007 0 -4 - Commissioner Manuel said he would abstain from all discussion and voting on this rezoning, due to a possible conflict of interest. Deputy Planning Director, Michael T. Ruddy, reported that the original master development plan (MDP) 4009-87 was revised in 1999 to incorporate the Flex -Tech designation to various locations throughout the Airport Business Center. He said the parcel for which this rezoning is being requested is zoned M 1 with a Flex - Tech designation. Mr. Ruddy reported that the parcel is located within the County's Sewer and Water Service Area (SWSA). In addition, the Eastern Frederick County Long -Range Land Use Plan identifies the general area surrounding this property as industrial and the current zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. Mr. Ruddy noted that one of the objectives of the Comprehensive Policy Plan is for quality design standards in this area. He said this property is located directly across from the Winchester Regional Airport; therefore, it is a gateway location and prime economic development site for Frederick County. Mr. Ruddy continued his report with the transportation aspects of the site; he described the recent improvements by VDOT to the transportation system in the immediate vicinity. He said the TIA (transportation impact analysis) prepared for this site projected approximately 6,000 tpd and a LOS (level of service) "C" could be maintained on the study road and intersections with the provision of two improvements: the proposed signalization of Route 522 and Airport Road, proffered as part of the Russell 150 project, and the signalization of Victory Lane and Route 50, in which the applicant has proffered to participate, along with others. In addition, the applicant has proffered the construction of frontage improvements along their site, specifically, an additional lane on the south side of Airport Road. Mr. Ruddy stated that walkways and sidewalks have not been fully proffered; the applicant has stated that those improvements will be incorporated into the site to facilitate pedestrian movements. Mr. Ruddy next proceeded to review the applicant's proffers with the Commission. Mr. Ruddy stated that the applicant has proffered limitations on the land uses allowed on the property by insuring that no less than 60% of the land uses in the B2 area will be uses that are also those allowed in the M 1 area. He noted that the Winchester Regional Airport recommended that no daycare facilities be permitted on the site. Mr. Ruddy said the applicant has also proffered a monetary contribution of $5,000 to fire and rescue services. Mr. Tim Stowe of Stowe Engineering, PLC was representing the property owner, Mr. Michael J. Bermel, and the Admiral Byrd Center rezoning application. Mr. Stowe stated the total site area consists of 23.5049 acres, zoned M1, and the proposed rezoning is for an 11.4 portion along the front of the property on Airport Road to be rezoned to B2. He said their studies indicated the best use for this site, in light of the fact that people come and go via the airport, would be a B2 use in the front of the property. He stated their desire to make a positive first impression for the many visitors coming to the area for pleasure, for business, and for economic development. Additionally, conversations with many people in this area indicated a desire for some convenience service nearby, without having to drive out into the traffic on Route 50. Mr. Stowe believed that convenient support services for employees of the businesses in the area, as well as the visitors, would be served by this request. He said the uses planned deal with general business offices, financial institutions, and specialty retail. Regarding the airport's recommendation about daycare uses, Mr. Stowe thought the concern may be related to noise; he believed they could control noise by using insulation, if that use came to fruition. Chairman Wilmot called for public comments and the following person came forward to speak: Mr. Edward Sears said that he and his business partner, Mr. Barry Smith, were the owners of an 8.7 -acre tract of land immediately to the east of the subject parcel, across the road from Admiral Byrd Drive, Mr. Sears believed that for the Airport Road community to be most successful, it needed a commercial component. He stated that this site was the industrial community's best chance to get a commercial component because it had all the requirements necessary for a successful commercial property, such as, a central location, the right Frederick County Planning Commission Minutes of June 6, 2007 Page 2063 -5 - topography, exposure, and access points. Mr. Sears thought this site would be a traffic interceptor, rather than a traffic generator; and people would utilize this location on their lunch hour for banking, food, gasoline, and office supplies. Mr. Sears thought the commercial zoning would be beneficial for the area and he was in favor of the application. Mr. Stowe presented a copy of an email he received from Ms. Mary Grant, a property owner of multiple properties on Airport Road and Victory Drive, and he said he would like to have Ms. Grant's comments placed in the record. The email read as follows: "My husband, Larry Grant, and I are owners of multiple properties on Airport Road and Victory Drive, and have interest in the public hearing to be held this evening pertaining to the rezoning of the Admiral Byrd Center project. We strongly support this rezoning and welcome the services that are planned. The availability of these services will be a positive addition. I regret I cannot attend the hearing this evening, but please accept this email as our comments in support of this rezoning. Sincerely, Mary Grant." Corr nission members conunented about the favorable appearance of this industrial park and the high-quality design standards used by existing industrial uses along Airport Road, particularly, monument signage, hidden parking, and berms. Commissioners wanted to make sure the appearance of the industrial park was not spoiled in any way. They expressed concern that the proposed rezoning had not identified a specific use and other, undesirable uses, had not been proffered out; for example, they did not want to see a box store, a chain hotel, a nightclub, or 10,000 square -foot pad sites. Commission members supported the applicant in his endeavor, but said they would be more comfortable if the proposed uses were somewhat narrowed down and other uses proffered out. In addition, it was suggested that the applicant show a conceptual layout, possibly with a generalized development plan. Other Commissioners questioned the capability of traffic flow with the intermixing of industrial and business uses; questions were also raised about the economic benefit of rezoning industrial land to business. Chairman Wilmot asked the Economic Development Commission's liaison, Commissioner Kerr, for his thoughts from an economic development perspective. Commissioner Kerr had concerns about taking land out of M 1 zoning; he said M I land was at a historic low in this area. He noted that in order to attract business, a site must be able to be turned around quickly and, without an inventory of industrial land, this is not possible. On the other hand, Commissioner Kerr said he thought this was a good location for what the developer wants to do. He also had concerns about design standards; however, and said he would prefer to know what would be established on the site. A motion was made by Commissioner Morris to table the rezoning application for 45 days in order to give the applicant time to make a refinement in the documentation and paperwork. This motion was seconded by Commissioner Kerr and unanimously passed. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to table Rezoning #05-07 of the Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from M1 (Light Industrial) District to B2 (Business General) District, for 45 days in order to give the applicant additional time to specifically define the uses proposed for the site with the aid of conceptual drawings, revised proffers, and possibly, a generalized development plan. (Note: Commissioner Manuel abstained from voting; Commissioners Thomas, Triplett, and Ours were absent from the meeting.) Frederick County Planning Commission Minutes of June 6, 2007 Page 2064 Z. PUBLIC MEETING Master Development Plan #06-07 for Winchester Industrial Properties, submitted by Johnson Development, Inc., for industrial uses on 107.78 acres, zoned MI (Light Industrial) District. The properties are located on Brooke Road (Rt. 1328), in and adjacent to Fort Collier Industrial Park. The a._4•r.ed :4h P r N; cd_A_oiA end ';,l -A -36T in the Stonewall Magisterial properties are further ;U�.,��„�., ►::�.. .. District. Action — Recommended Approval of Waiver with Stipulation Action — Recommended Approval of MDP Planner Candice E. Perkins reported that this master development plan (MDP) is a proposal to develop 107 acres of M 1 (Light Industrial) -zoned property, which consists of two separate parcels, with industrial uses. Ms. Perkins said that a portion of this site, referred on the MDP as the Lockhart tract and also known as the Seefried tract, was rezoned with proffers in 2006. Ms. Perkins said the revised MDP addresses all of the concerns raised in the staff's report. She said staff has also received a Deed of Release which eliminates the easement through the Detention Center property, also proffered with the Seefried rezoning. Ms. Perkins reported that the applicant is requesting a waiver of Section 144-24C, Subdivision Ordinance, State Road Frontage Requirements. She explained that Parcel 54-A-9 1A, the Lockhart tract, will be served by a public road; however, if this parcel is subdivided in the future, a public road connection may not be appropriate for the designated area. Mr. Scott Scheel and Mr. Copeland Rhea were present on behalf of the applicant, Johnson Development, Inc. Chairman Wilmot called for public comments; however, no one came forward to speak. Chairman Wilmot then closed the public comment portion of the meeting. A motion was made by Comnussioner Oates to recommend approval of the waiver request for Parcel 54 -A -91A, known as the Lockhart tract, with the stipulation that this be valid only while the property is zoned MI (Light Industrial). This motion was seconded by Commissioner Light and unanimously passed. A motion was made by Commissioner Oates to recommend approval of MDP #06-07 of Winchester Industrial Properties, LLC, with the note that the connection of the two State roads, Brooke Road (Rt. 1328) and Park Center Drive, is a vital part of the MDP. This motion was seconded by Commissioner Light and unanimously passed. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend approval of the requested waiver to the Frederick County Subdivision Ordinance, Section 144-24C, State Road Frontage Requirements for Parcel 54-A-9 IA, the Lockhart tract, to be valid only while the property is zoned M1 (Light Industrial) and does hereby unanimously recommend approval of Master Development Plan #06-07 for Winchester Industrial Properties, submitted by Johnson Development, Inc., for industrial uses on 107.78 acres, zoned M1 (Light Industrial) District, with the notation that the connection of the two State roads, Brooke Road (Rt. 1328) and Park Center Drive, is a vital part of the MDP. (Note: Commissioners Thomas, Ours, and Triplett were absent from the meeting.) Frederick County Planning Commission Minutes of June 6, 2007 Page 2065 an Request by David and Linda Hicks, submitted by Artz & Associates, PLC, for a waiver of the Frederick Code, Chapter 144, Subdivision of Land, Article V, Design Standards, Section 144-17, Streets (G)(1), Cul- de-sac, to allow a cul-de-sac length of approximately 1,451 feet, 451 feet more than the allowed 1,000 feet. The property is located north of Glaize Orchard Road (Rt. 682), 0.6 miles east of East Hunting Ridge Road (Rt. 608). The property is further identified with P.I.N. 21-A-37 in the Gainesboro Magisterial District. Action - Denied Commissioner Oates said he would abstain from all discussion and voting on this matter due to a possible conflict of interest. Zoning and Subdivision Administrator, Mark R. Cheran, reported that the applicant believes the extreme topography of the property will not acconunodate a shorter cul-de-sac. He said the applicant states that in order to achieve full use of this property, a waiver is needed because the lot lines follow a ridge line with side slopes too steep for loop roads. Mr. Cheran said the cul-de-sac will serve 11 lots; it has a right-of-way distance of not less than 50 feet and a paved radius of not less than 45 feet. He added that VDOT and the Fire and Rescue Department had no adverse comments about the waiver because the road is being constructed to state standards. Mr. Michael M. Artz, L.S., of Artz & Associates, PLC, came forward to represent the property owners, David and Linda Hicks. Mr. Artz said a land disturbance permit was obtained from the Public Works Department and the road has already been constructed. He stated that the road was designed and approved by VDOT, it was also approved by the Public Works Department, and the road was constructed to state standards. Mr. Artz said the reason they are asking for a waiver is because the topography and the narrowness of the lot does not allow for development of this property beyond the interior of the parcel. Chairman Wilmot called for public comments; however, no one came forward to speak. Commission members had numerous procedural concerns and questions about how the road could have been constructed before the subdivision was approved. Planning Director, Eric R. Lawrence, commented that the Planning Department has encountered this type of situation on previous occasions; specifically, where an applicant gets a land disturbance permit and constructs roads and infrastructure, before getting the subdivision approved. Mr. Lawrence explained that the Planning Department has recently established a procedure and a working relationship with the Public Works Department, whereby the Planning Department will provide an approval signature on land disturbance permits. He said the Public Works Department will no longer issue a land disturbance permit without the Planning Department endorsing that a design plan or a master plan has been approved for the site. The land disturbance permit for this property was issued before the new procedures were put into place. Mr. Lawrence added that in this particular case, there are three original lots plus the fourth, which is the tract under consideration to be subdivided, and the recently -constructed road. He said the applicant could avoid the cul-de-sac waiver by creating a second road, possibly one that leads to the south. Mr. Artz explained that the area along the northern and western sides of the property is Babb's Creek, eliminating the possibility of access across to the north or west. Mr. Artz said the proposed inter -parcel access connector is designed to be a 50 -foot ingress/egress easement with possible future road dedication; however, it would not be constructed as a part of this project. He said if the adjoining property owner wants to subdivide and extend the road, then the 50 -foot strip would be dedicated and built to state standards. Mr. Artz said this subdivision is providing the possibility for inter -parcel access and the strip of land would be available for dedication for the adjoining property owner to use. Mr. Artz said that they are, in affect, requesting a waiver, not for 2,400 feet, which is the entire length from Glaize Orchard Road all the way to the end of the cul-de-sac, but Frederick County Planning Commission Minutes of June 6, 2007 Page 2066 for a waiver from the inter -parcel connector to the end of the cul-de-sac which is 1,400 feet. Mr.Artzpointedout that the access will not be dedicated by this property owner, but will actually be owned by one lot and that lot owner will have to dedicate that land at any point in the future. Mr. Artz said they would make sure that wording will be in the restrictive covenants for that particular lot. Mr. Lawrence suggested the applicant make a notation on the plats which states that the inter - parcel access will be dedicated to the County within 90 days of the request. He said the Commission could proceed on the assumption this will be an intersection. He said if it is made clear the right-of-way will be dedicated upon request, then he could agree with applicant's request for a 1,200 -foot cul-de-sac. Mr. Lawrence suggested that if the applicant is offering to create a potential stub -out for use by future development, he would suggest that it be measured as a 1,200 -foot cul-de-sac and the applicant would need a 200 -foot waiver. Commission members had misgivings for the way in which this subdivision had come about. However, some Commissioners were agreeable to approving the cul-de-sac length waiver to accommodate the proposed roads, with the understanding the applicant will make the stub street available at no cost for future development. Commissioner Kriz made a motion to approve the waiver with a notation on the plat stating the right-of-way easement will be made available at no cost for future access within 90 days of its request. This motion was seconded by Commissioner Unger. The motion failed, however, by the following vote: YES (TO APPROVE): Kriz, Morris, Manuel, Unger NO: Mohn, Kerr, Wilmot, Light, Watt ABSTAIN: Oates (Please Note: Commissioners Thomas, Ours, and Triplett were absent from the meeting.) Because the previous motion failed, Chairman Wilmot called for a new motion. Comnussioner Kriz made a new motion to deny the waiver. This motion was seconded by Conunissioner Light and passed by the following vote: YES (TO DENY): Watt, Morris, Light, Kriz, Kerr, Mohn, Wilmot NO: Unger, Manuel ABSTAIN: Oates (Please Note: Commissioners Thomas, Ours, and Triplett were absent from the meeting.) OTHER WORK SESSION SCHEDULED WITH MICHAEL CHANDLER, CPEAV Chairman Wilmot announced that a work session has been scheduled on June 26, 2007, at 12:00 noon, for the Planning Commission and Board of Supervisors. She said that Michael Chandler, with the CPEAV, Frederick County Planning Commission Minutes of June 6, 2007 Page 2067 is available to make a presentation on that date. The topic of his presentation is the relationship between the Planning Commission and the Board of Supervisors and their roles. CPEAV HANDOUT Chairman Wilmot provided the Commissioners with a handout she received at a recent CPEAV conference on May 7, 2007. Chairman Wilmot made a reference to an article on Page 7, regarding the Comprehensive Policy Plan. She spoke briefly on the importance of a Comprehensive Policy Plan when considering rezoning applications. CPPA SUMMARY Deputy Planning Director, Michael T. Ruddy, provided the Commission with a summary of all of the CPPA (Comprehensive Policy Plan Amendments) that were submitted by Friday's deadline. Mr. Ruddy stated that 11 applications have been submitted and a meeting has been scheduled for June 25, 2007, at 6:30 p.m. He said additional information will be provided at a later date. ADJOURNMENT vote. There being no further business to discuss, the meeting adjourned at 5:45 p.m. by a unanimous Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Page 2068 Minutes of June 6, 2007 DO 0 A 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 June 20, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District; Roger L. Thomas, Vice Chairman/Opequon District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District, Charles E. Triplett, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M. Molal, Red Bud District; Gary R. Oates, Stonewall District; John H. Light, Stonewall District; Cordell Watt, Back Creek District; H. Paige Manuel, Member -At - Large; Barbara Van Osten, Board of Supervisors Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: George J. Kriz, Gainesboro District; Greg L. Unger, Back Creek District; and the City of Winchester Liaison. STAFF PRESENT: Eric R. Lawrence, Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Michael T, Ruddy, Deputy Planning Director; Susan K. Eddy, Principal Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. Chairman Wilmot announced a number of agenda changes for this evening's meeting. Item 45, Tab B, the 2007 Comprehensive Policy Plan, was missing some text elements and consideration would have to be postponed. Similarly, Item #6, Tab C, Master Development Plan 404-07 of the Haggerty Property, would have to be delayed because the Board of Supervisors has not yet acted on the rezoning; she said a letter was received from the applicant's representative, PHR&A, requesting a time frame for consideration. Commissioner Kerr made a motion to table MDP 904-07 of the Haggerty Property until further action is taken by the Board of Supervisors on the rezoning. This motion was seconded by Commissioner Ours and unanimously passed. Chainnan Wilmot next announced an item to be added to this evening's agenda, Item #8 under Public Meeting, Subdivision Request for Shawnee Canning Company Land. Conunissioner Oates made a motion to adopt the agenda for this evening's meeting. This motion was seconded by Commissioner Triplett and unanimously passed. MINUTES Upon motion made by Commissioner Triplett and seconded by Commissioner Kerr, the minutes of the May 2, 2007 Planning Commission meeting were unanimously approved as presented. Frederick County Planning Commission FT Page 2069 Minutes of June 20, 2007 J -2 - COMMITTEE REPORTS Transportation Committee — 06/18/07 Mtg. Commissioner Oates reported that the Transportation Committee discussed three items: 1) Discussion of language revisions to the Hard Surface Improvement Project Rating System Policy. Although the Board of Supervisors adopted the new rating system, questions remained on a couple areas and the Board directed the Transportation Committee to address those. 2) Discussion of Transportation Impact Fees. After reviewing the results of staff's example study of how an impact fee could be implemented in Frederick County, the Committee came to the conclusion that while this is a useful tool, they have yet to find a place where it could be used. 3) Discussion of the 2008-2009 Interstate, Primary, and Secondary Road Improvement Plans. Those plans will be brought before the Planning Commission in late summer for review. Historic Resources Advisory Board (HRAB) — 06/19/07 Mtg. Commissioner Oates reported that the HRAB discussed the History Chapter of the Comprehensive Policy Plan. Commissioner Oates said the HRAB brain -stormed on items considered to be missing, as well as items that were out dated. It was decided that each HRAB member should identify historic structures in their respective districts. They also discussed dividing the chapter unto sections, one for each district, and using maps and visual aids as much as possible. Comprehensive Plans and Programs Subcommittee (CPPS) — 06/11/07 Mtg. Commissioner Oates reported that the CPPS discussed two items: 1) Discussion of the Parks and Recreation Department update for the Comprehensive Policy Plan; this was endorsed by the CPPS. 2) Discussion of staff's overview of the remaining chapters of the 2007 Comprehensive Policy Plan; the CPPS recommended that the various established County committees and advisory boards review the chapters of the plan under their prevue and provide recommendations to the CPPS by the end of the year with a general vision statement of intent. Development Impact Model (DIM) Committee — 06/07/07 Mtg. Commissioner Manuel reported that the DIM Committee met; the purpose was the annual review of Frederick County's Development Impact Model. He said recommendations will be forthcoming to the Planning Commission and Board of Supervisors. He added there will not be any significant changes. Frederick County Planning Commission Minutes of Tune 20, 2007 Page 2070 -3 - Conservation Easement Authority (CEA) — 06/19/07 Mtg. Commissioner Light reported that the CEA held a public informational meeting which was very successful. He reported that the CEA will be having additional meetings of this type in the future. Commissioner Light added that the CEA is seeking participation in the Virginia Farmland Preservation's PDR (Purchase of Development Rights) Program. With this program, easements are purchased from the landowner, rather than donated by a landowner. He said additional information will be forthcoming. Development Review & Regulations Subcommittee (DRRS) Commissioner Thomas reported that the DRRS will meet on Thursday, June 28, 2007, at 7:30 p.m., in the Board of Supervisors' meeting room, to discuss the continued effort on proposed changes to the sign ordinance. Commissioner Thomas invited members of the public to attend and provide input. He said the DRRS also formed a working group, a subcommittee of the DRRS, that is analyzing converting the zoning ordinance from the old SIC Codes to the new, updated NAISC Codes. Winchester City Planning Commission (WPC) — 06/19/07 Mtg. Commissioner Mohn reported that WPC tabled a conditional use permit (CUP) request for a nightclub by Rouss Fire Hall; they recommended approval of a proffer revision for a layout change for an office project at the corner of Jubal Early Drive and Harvest Drive, just west of Valley Avenue, and they considered three zoning ordinance amendments. Commissioner Mohn reported that two of the ordinance amendments were particularly noteworthy: the first amendment included a series of definition changes in an effort to comprehensively address occupancy and over -crowding issues in the City. The WPC voted to initiate the formal public hearing process for this amendment, which will be on the July agenda. The second amendment involved changes to the Corridor Enhancement District regulations, intended to relax standards, moving from mandatory requirements to incentive -based design guidelines. Incentives include parking reductions and density increases. This was a public hearing and the WPC voted for approval. Commissioner Mohn said the WPC also reviewed a series of administrative applications, probably the most interesting of which was the site plan for a new Walgreens pharmacy on the site of the former Pargo's restaurant. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda. No one came forward to speak. Frederick County Planning Commission Minutes of June 20, 2007 Page 2071 QM PUBLIC MEETING Subdivision 911-07 and Waiver Requests for Wayne and Linda Wright, submitted by Marsh & Legge Land Surveyors, PLC, to allow the subdivision of .659 acres into two single-family detached urban housing lots and a waiver of open space requirements and road efficiency buffer requirements. The property is located at the southeast corner of Front Royal Pike (Rt. 522) and Bentley Avenue. The property is further identified with P.I.N. 64-2-A1 in the Shawnee Magisterial District. Action — Recommended Approval with Stipulations Zoning and Subdivision Administrator, Mark R. Cheran, reported the proposed subdivision will create two new residential lots; one of the lots will have an existing structure. He said the lot sizes will be 15,000 and 13,000 square feet each and both meet the dimensional requirements of the single-family detached urban housing type. He added that both lots will have direct frontage onto Front Royal Pike (Rt. 522) and Bentley Avenue. Mr. Cheran also reported that the zoning ordinance requires that subdivisions which result in lots less than 15,000 square must provide curb, gutter, sidewalks, streetlights, and open space. He said the applicant is seeking an exception from these requirements because the proposed lots will be served by existing sidewalks, curb, and gutter. However, a street light is not located at the intersection of Front Royal Pike and Bentley Avenue. In addition, the applicant has requested a waiver of the open space requirements and the road efficiency buffer requirements. Mr. Cheran noted that the waiver of the road efficiency buffer and the street light is at the discretion of the Board of Supervisors and the waiver of open space is at the discretion of the Planning Commission. Mr. Duane Brown of Marsh & Legge Land Surveyors, PLC was present to represent this application for Mr. F. Wayne Wright and Mrs. Linda K. Wright, the property owners. Chairman Wilmot called for public comments; however, no one came forward to speak. Commissioner Oates commented about the existing 20 -foot water line easement running along the property on Front Royal Pike. He asked if the applicant would be amenable to making the water line easement a pedestrian access easement as well, if the sidewalk waiver was granted. He explained that if the County would install a bicycle path or sidewalk along Front Royal Pike in the future, an easement for that would be available. Commissioner Oates said that since it is already an existing water line easement, it wouldn't be further encumbrance on the property. Mr. Brown didn't believe it would be a problem to include the pedestrian access. No other issues or questions were raised by the Commission. Commissioner Morris made a motion to recommend to the Board of Supervisors that a street light be added at the intersection of Front Royal Pike and Bentley Avenue for safety purposes, that the existing 20 -foot water line easement also be made available as a pedestrian access easement, and that the road efficiency buffer requirements be waived. This motion was seconded by Commissioner Molm and unanimously passed. Commissioner Morris next made a motion to grant the waiver from the open space requirements. This motion was seconded by Commissioner Ours and unanimously passed. Commissioner Morris made a motion to grant staff administrative approval authority for the subdivision request of F. Wayne and Linda K. Wright. This motion was seconded by Commissioner Oates and unanimously passed. Frederick County Planning CommissionYA Page 2072 Minutes of June 20, 2007 0 1 F T -5 - BE IT RESOLVED, That upon consideration of the subdivision and waiver requests by F. Wayne and Linda K. Wright, the Frederick County Planning Commission does hereby recommend to the Board of Supervisors that a street light be added at the intersection of Front Royal Pike and Bentley Avenue for safety purposes, that the existing 20 -foot water line easement also be made available as a pedestrian access easement, and that the road efficiency buffer requirements by waived; and, BE IT FURTHER RESOLVED, that the Frederick County Planning Commission does hereby grant the waiver from the open space requirements and the road efficiency buffer requirements for the above-mentioned subdivision and does also grant the Planning Staff administrative approval authority for the above-mentioned subdivision. This request will allow the subdivision of .659 acres into two single-family detached urban housing lots consisting of 15,000 square feet and 13,000 square feet. (Please Note: Commissioners Kriz and Unger were absent from the meeting.) Subdivision Request #14-07 of Shawnee Canning Company, submitted by Marsh & Legge Land Surveyors, PLC, for the subdivision of 5.2086 acres, zoned B2 (Business General), into two parcels containing 3.1890 acres and 2.0196 acres. The property is located 800 feet north of the intersection of North Frederick Pike (Rt. 522) and Cross Junction Road (Route 693). The property is further identified with P.I.N. 18 -A -42A in the Gainesboro Magisterial District. Action — Recommended Approval Zoning and Subdivision Administrator, Mark R. Cheran, reported that the parent tract of this subdivision has been zoned B2 (Business General) since the 1970's and has no approved master development plan (MDP); he said the MDP requirement has been waived. Mr. Cberan said the proposed subdivision appears to satisfy all agency and ordinance requirements. He added that the two parcels created will have direct access to North Frederick Pike (Rt. 522), via a private 50 -foot ingress/egress easement. Mr. Duane Brown of Marsh & Legge Land Surveyors, P.L.C. was present to represent Shawnee Canning Company, Inc., the property owner. Commissioner Oates referred to a framed structure which was on a property line; he said it may cloud the title upon sale of the property. Commissioner Oates said that since Mr. Brown's client owned both parcels of land, it may be a good opportunity to correct this with a boundary line adjustment. Mr. Brown said he had not discussed the situation with his client; however, a boundary line adjustment would be an available option. It was pointed out that Lot 1 is zoned B2 and Lot 2 was zoned RA and B2. Chairman Wilmot asked the applicant about any outstanding VDOT or Health Department issues. Mr. Brown replied that plats have been submitted to VDOT and once those have been returned, the plats will be submitted to the Health Department. Chairman Wilmot called for public cornments; however, no one came forward to speak. Commissioner Triplett made a motion to approve the subdivision request. This motion was seconded by Commissioner Manual and unanimously passed. Frederick County Planning Commission Minutes of June 20, 2007 Page 2073 BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Subdivision Request 914-07 of Shawnee Canning Company, submitted by Marsh & Legge Land Surveyors, P.L.C., for the subdivision of 5.2086 acres, zoned B2 (Business General), into two parcels containing 3.1890 acres and 2.0196 acres. (Note: Commissioners Kriz and Unger were absent from the meeting.) DISCUSSION COMMISSION DISCUSSION REGARDING HORSES ON LARGE RP (RESIDENTIAL PERFORMANCE) LOTS OUTSIDE OF THE UDA (URBAN DEVELOPMENT AREA) AND THE SWSA (SEWER AND WATER SERVICE AREA). Principal Planner, Susan K. Eddy, reported that the Planning Staff has recently had inquiries from members of the public on the permissibility of keeping horses on large RP (Residential Performance) District lots outside of the UDA (Urban Development Area) and the SWSA (Sewer and Water Service Area). Ms. Eddy stated that at the present time, horses are only allowed in the RA (Rural Areas) Zoning District. She said there are a number of historically -zoned large RP lots that are outside of the UDA and SWSA. She presented a map showing the large RP -zoned lots larger than 100,000 square feet (2 1/3 acres) without public water and sewer, classified as single-family detached rural traditional housing. She noted that most of these particular lots are surrounded by RA -zoned properties where horses are allowed. She felt it was important to remember that, at the present time, all uses allowed in the RP Zoning District are also allowed in the R5 (Residential -Recreational Community) Zoning District. Therefore, allowing horses on these large lots in the RP District would, of course, allow horses on similar large lots in the R5 Zoning District. Ms. Eddy continued, stating that a discussion of this issue took place at the DRRS (Development Review and Regulations Subcommittee) meeting in May of 2007. She said the DRRS did not reach a full consensus. There was a consensus, however, that a revised ordinance should apply to all farm animals such as goats, chickens, etc., and not solely horses. Normally, the Planning Commission would not see an item in which the DRRS had not reached a consensus. In this case, however, there is Board of Supervisors interest iii continuing the discussion of this topic. Ms. Eddy said this item is for discussion only at this time and she was seeking comments to be forwarded to the Board of Supervisors. The initial response by some of the Commissioners was that the issue of allowing horses should be left up to the development itself and addressed by each subdivision's covenants. Other Commission members commented that some RA subdivisions with five -acre lots specifically exclude horses by covenant because it can become an incompatible issue with adjoining property owners. They believed if horses were to be allowed, they preferred to see it handled by a conditional use permit (CUP), if only because of the predominantly residential area and the CUP would provide the opportunity to look at the surrounding uses and the potential impacts. Other Commissioners pointed out that two -acre lots are allowed by -right in the RA District and those parcels can have horses; the properties under consideration for this use are two -and -one -third -acre R5 and RP lots outside of the UDA and they are already within the rural areas. Commissioners could not see putting those property owners through the CUP process and, in addition, many of those subdivisions already had covenants in place. Commission members believed the decision about whether to allow horses should be left up to the individuals living within these subdivisions. Frederick County Planning Commission Minutes of June 20, 2007 Page 2074 -7 - Another suggestion made was to govern the issue by the size of the lot; for example, animals would be allowed on lots over 100,000 square feet. They also suggested that the amendment not be limited solely to horses, but should include all animals. Commissioner Manuel, who was a member of the DRRS, said the one consensus reached at the committee level was the members' opposition to requiring a CUP for a horse because of the overwhelming number of CUPs it would generate. He favored the idea of one horse per acre. No action was needed by the Commission at this time. Ms Eddy said she would forward all of the comments to the Board of Supervisors. OT14ER WORK SESSION SCHEDULED WITH MICHAEL CHANDLER, CPEAV Chairman Wilmot announced that a work session has been scheduled on June 26, 2007, at 12:00 noon, for the Planning Commission and Board of Supervisors. She said that Mr. Michael Chandler, with the CPEAV (Citizens Planning Education Association of Virginia), is available to make a presentation on that date. The topic of his presentation is the relationship between the Planning Commission and the Board of Supervisors and their particular roles. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 7:45 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Minutes of June 20, 2007 Page 2075 • C7 TO: Planning Commission COUNTY of FREDERICK Department of Planning and Development MEMORANDUM FROM: John A. Bishop, AICP, Transportation-'larn-e�� RE: Six Year Road Improvement Program Public Hearing DATE: July 2, 2007 540/665-5651 FAX: 540/665-6395 This is a public hearing item to consider the updates of the Interstate, Primary, and Secondary Road Improvement Plans. At the June 18, 2007 meeting of the Transportation Committee, the Committee voted to recommend approval of the draft Interstate, Primary, and Secondary Road Improvement Plans for Frederick County. This recommendation is now forwarded along with drafts of the plans for your consideration. You will find that there are no significant changes to the Interstate and Primary plans, with the exception of reorganizing the priority of the Route 37 segments by breaking former priority 1C, which traveled from existing Route 37 west of Stonewall Industrial Park north and east around Stonewall Industrial Park to I-81 and then south and east all the way to Route 522. 1 C is now from existing Route 37 west of Stonewall Industrial Park, north and east around Stonewall Industrial Park to I-81 and then south and east to Route 7. 1D is now from Route 7 to Route 522. In the Secondary Road Improvements plan, a number of projects have been added in recognition of County priorities. Rural hard surfacing requests have been rated and the two with the highest rankings have been moved from the unscheduled to the scheduled list. Those roadways are Warm Springs Road and Woodside Road. Staff is seeking a recommendation for the Board of Supervisors on these road plans. Attaclunents JAB/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 2008-2009 INTERSTATE ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA. DicAF C Frederick County Transportation Committee: June 18, 2007 Frederick County Planning Commission: Frederick County Board of Supervisors: I-81 Improvements: Provide additional travel lanes on the main line, collector -distributor lanes adjacent to the main line, modifications to existing interchange areas, and develop new interchange areas and bridge crossings of the main line as recommended by the WinFred MPO Long Range Plan. In addition, as the State continues to work toward an ultimate plan for the I-81 widening, the County of Frederick continues to support the study of Eastern Route 37 as a potential corridor on new location as an alternative for that effort. Moreover, the County of Frederick supports exploration of the potential for rail transportation as a component of the Interstate 81 Corridor improvements. A) Make Safety and Operational Improvements at Exit 310 (as illustrated on map as priority A) B) Widen I-81 from Fairfax Pike to Route 37 North. This should include the relocation of the 277 Interchange, Exit 307, further south to alleviate existing and future congestion on Fairfax Pike. Frederick County would also request continued VDOT assistance and support in the effort to relocate exit 307. From: Route 277, Exit 307 To: Route 37 North, Exit 310 (as illustrated on map as priority B) C) Widen Remainder of 1-81 in Frederick County From: West Virginia line To: Warren County line (as illustrated on map as priority C) D) Spot Improvements on I-81 in Frederick County. Provide spot improvements at various interchanges and rest area ramps to increase capacity and/or enhance safety for the motoring public 11 11 , Winchester f •-„ � / � _• ��, X37 �.% 52 _ "�'�� r' - Stephens e 2008-2009 "Y f-_ T Interstate Road j f f�� j•.� y� e ` Improvement Plan f. r / .til r' •r _ Priority A r tj Make Safety & Operational Improvements at Exit 310 { ^,. Priority $ Widen 181 from Rt277 N io Ri37 N Priority C WidenRemainderof181 2008-2409 PRIMARY ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA s Frederick County Transportation Committee: June 18, 2007 Frederick County Planning Commission: Frederick County Board of Supervisors: 1) Route 37 Bypass A. Route 37 - Phase 1 Initiate final engineering and design, acquire right -of --way, and establish a construction phase schedule for the southern segment of the Route 37 Eastern Bypass from Interstate 1-81 to Front Royal Pike (Route 522 South). (As illustrated on map as priority IA) B. Note: It is intended that the first phase of Fairfax Pike (Route 277), as identified under item #2, shown below, be programmed for construction following the completion of Phase I of the Route 37 Eastern Bypass. (As illustrated on map as priority 1B) C. Route 37 - Phase 2 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between existing Route 37 around Stonewall Industrial Park and Route 7. (As illustrated on map as priority I C) A Route 37 - Phase 3 Initiate final engineering and design, acquire right-of-way, and establish a construction phase schedule for the preferred alternative between Route 7 and Route 522. (As illustrated on map as priority ID) 2) Route 277 (East of Stephens City) From: 1-81/Route 277/Route 647 Intersection (East of Stephens City) To: Route 340/Route 522 South Intersection (East of Double Toll Gate) Phase 1: From the 1-81/277 Interchange to Route 636 (As indicated under note for priority 1B) Phase 2: From Route 636 to Route 340/Route 522 (As indicated on map as priority 2) Improve to a four lane divided roadway with County staff to work with site developers to acquire dedicated right-of-way and achieve grading, drainage, and construction improvements in conjunction with development projects which occur along the corridor until such time that funding is available for construction. Establish a construction schedule for the phased improvement of Fairfax Pike (Route 277). Program funding for the completion of right-of-way acquisition and construction of each phase as described above. 3) Route 11 (North and South of Winchester) A) Establish an Urban Divided Four Lane System From: Southern limits of the City of Winchester To: 0.4 miles south of intersection of Route 37 South, Exit 310 (As illustrated on map as priority 3A) B) Establish an Urban Divided Four Lane System From: Northern limits of the City of Winchester To: Intersection of Route 761 (As illustrated on map as priority 3B) C) Establish an Urban Divided Four Lane System From: Intersection of Route 761 To: West Virginia line (As illustrated on map as priority 3C) 4) Commuter Park and Ride Lots Establish a new park and ride facility along the Berryville Pike (Route 7) corridor. Work with the Northern Shenandoah Valley Regional Commission to determine appropriate locations for park and ride facilities at other strategic locations within the County's Urban Development Area. For Park and Ride locations in Frederick County the primary goal should be that they are situated in such a manner that they reduce traffic in Frederick County in addition to adjacent localities. (As illustrated on map as priority 4) � 52 41 _ C3:7 fr, 11 3C $T 52 W'U7 11 lel l ��4- 50 2008 - 2009 Primary Road Improvement 52 Plan 50 �I Rt37 Bypass Phases s'v ®`,q Priority 1A mom. Priority 1C f,- ti exp Priority 1 D Rt277 East of StephensCity Priority 1 B Priority 2 Stephens City Rt11 North & South Priority 3A 'ay Priority 3B 11 4`' -lit Priority 3C Commuter - Park & Ride Lots Priority 4 33 52 37 52 W'U7 11 lel l ��4- 50 2008 - 2009 Primary Road Improvement 52 Plan 50 �I Rt37 Bypass Phases s'v ®`,q Priority 1A mom. Priority 1C f,- ti exp Priority 1 D Rt277 East of StephensCity Priority 1 B Priority 2 Stephens City Rt11 North & South Priority 3A 'ay Priority 3B 11 4`' -lit Priority 3C Commuter - Park & Ride Lots Priority 4 33 2008-2009 SECONDARY ROAD IMPROVEMENT PLAN for FREDERICK COUNTY, VIRGINIA R --A- - F' r Frederick County Transportation Committee: June 18, 2007 Frederick County Planning Commission: Frederick County Board of Supervisors: FREDERICK COUNTY MAJOR ROAD IMPROVEMENT PROJECTS 2008/2003 through 2013/2014 Major road improvement projects command the reconstruction of hardsurfaced roads to enhance public safety. Improvements required for road width, road alignment, road strength, and road gradient are considered major road improvements projects. 2 W "' LL w Q O w LU v v 2 N Z o ° a��: a WW w U)a W �° LL j 50 1.1 Stephens City IIT 11 11 50 Winchester ED 50 1, Sulpher Springs Rd 12, East Tevis Street 62%03, Senseny Road 4, Warrior Road 5, Spine Road Connection ;6, Iverlee Way Frederick County r' Major Road e improvement Projects 2008/2009 thru 2013/20114 52E 4 FREDIERIC."OK COUNTY HAR€38URFACE ROAD IMPROVEMMENT PROJECTS 2008/2009 through 2013/2014 Hardsurface road improvement projects provide impervious resurfacing and reconstruction ofnon- hardsurfaced secondary roads. Hardsurface improvement projects are prioritized by an objective rating system, which considers average daily traffic volumes; occupied structures; physical road conditions including geometrics, drainage, and accident reports; school bus routing; and the time that project requests have been on the Secondary Road Improvement Plan. W a�. WU. W w W W � F Q �e��Z Z W V E -F- W W z M Wf-0 �� 20 �Q 2 o LL Z x a >>;V cn y �-V W13 `1a a� w � V o o a 1a) 705 Ebenezer Church Road 2.0 miles Route 522 170 2.0 miles GA $286,400 03/08 west of Rt. 522 705 Ebenezer Church Road 0.25 miles 2.0 miles 170 2.0 miles GA $288,590 03!08 east of Rt. West of Rt. 703 0.50 miles 522 2) 681 Chestnut Grove Road north of Route 608 270 1.62 miles GA $298,044 03/09 Potential Rural Rt. 805 Rustic 3a) 679 Indian Hollow Road 0.3 miles 1.5 miles 140 1.20 miles GA $221,380 03/10 Potential Rural west Rt. west Rt. Rustic 608 608 3b) 679 Indian Hollow Road 1.5 miles 0.50 miles 140 1.30 miles GA $223,479 03/11 Potential Rural west Rt. east Rt. 600 Rustic 608 4a) 709 Ridings Mill Road Rt. 735 1.30 miles 160 1.30 miles OP $200,606 03/11 Potential Rural south Rt. Rustic 735 4b) 709 Ridings Mill Road 1.30 miles Rt. 636 160 1.40 miles OP $250,000 03/12 Potential Rural south Rt. Rustic 735 671 Woodside Road Rt. 11 0.4 East of 50 0.4 miles ST Funding By UN/SH Potential Rural Rt. 11 Others Rustic 5) 676 Warm Springs Road Rt. 677 0.83 miles 225 0.83 miles ST $268,000 03/13 Potential Rural north Rustic 6) 671 Woodside Road Rt. 669 WV line 247 0.30 miles ST $150,000 03/14 Potential Ruraf -J Rustic 2008 - 2009 Hard Surface Road Improvements IA, Ebenezer Church Rd IB, Ebenezer Church Rd 2, Chestnut Grove Rd 3A, Indian Hollow Rd 3B, Indian Hollow Rd 4A, Ridings Mill Rd 4B, Ridings Mill Rd o, warm Springs Rd 12 _ 6, Woodside Rd w � 7. Woodside Rd S2 k Frederick County Hardsurface Road Improvement Projects 2008/2009 thru 2013/2014 4�� t ,k 50 ''�,t•��, r - f 11 - Winchester !37 52 37 50 j. Stephens. City 4 N n WC Middletcswn 52 0 2 4 8 Miles i FREDERI,IeK COUNTY UNSCHEDULED NARDSURFACE ROAD IMPROVEMENT PROJECTS RATINGS UPDATED June 2007 2008/2009 through 2013/2014 W V a�Cn LL z w� z z= z 0 O �9z H =O j 1=- w p 0 W H W � JCS �a c H �� 0 Qa o ac o � v 1) 644 East Parkins Rt. 50 East Clarke County 260 0.81 SH 76 Mill Road miles 2) 707 Hollow Road WV Line Rt. 610 200 1.6 BC/GA 73 miles 3) 734 North Sleepy 1.27 Mi. S. W. 2.27 Mi. S. W. of 140 1.0 GA 73 Creek Road of Rt. 522 Rt. 522 mile 4) 692 Pack Horse 1.2 Mi. N. E. Rt. 671 200 1.4 GA 71 Road of Rt. 600 miles 5) 629 Carter Lane Rt. 631 Rt. 625 290 1.8 BC 71 miles 6) 733 Fletcher Road Rt. 50 West Rt. 707 120 1.3 GA 70 miles 7) 638 Clark Road Rt. 625 Rt. 759 70 0.8 BC 69 miles 8) 607 Heishman Rt. 600 End of State 100 0.78 BC 68 Road Maintenance miles 9) 695 Middle Fork 2.3 Mi. N of WV Line 30 0.9 GA 68 Road Rt. 522 miles 10) 677 Old Baltimore Rt. 676 Rt. 672 200 1.2 GA 68 Road miles 11) 634 Cougill Road Rt. 635 Rt. 11 130 0.25 BC 67 miles 12) 612 Fishel Road Rt. 600 Rt. 600 30 1.6 BC 67 miles 13} 629 Laurel Grove Rt. 622 2.5 Mi. W. of 180 2.5 BC 63 Road Rt. 622 miles 14) 636 Canterburg Rt. 640 Rt. 641 130 1.5 OP 63 Road miles 15) 811 Timberlakes Rt. 671 End of State 180 0.25 ST 63 Lane Maintenance miles 16) 661 Wright Road Rt. 669 WV Line 140 1.84 ST 61 miles 17) 636 Huttle Road Rt. 709 Rt. 735 150 1.1 OP 60 miles 18) 730 Babbs Rt. 654 Rt. 677 50 0.9 GA 59 Mountain miles Road w U ,U U Q U U cn Z Z O u O O ��- ¢ ALL. N ~ 2 0 a0 U- Uj a0 Q a� O U � � 19) 696 South Timber Rt. 522 Rt. 694 130 1.3 GA 56 Rid e Road miles 20) 616 McDonald Rt. 608 Mid- 0.44 Mile N. Rt. 85 0.45 BC 41 Road Int. 608 miles 2008 - 2009 Unscheduled HardSurface Road Improvements 1, East Parkins Mill Rd 2, Hollow Rd 3, North Sleepy Creek Rd -4, Pack Horse Rd 5, Carters Ln 6, Fletcher Rd 8, Heishman Rd -` 9, Middle Fork Rd C 10, Old Baltimore Rd 11, Cougill Rd 12, Fishel Rd Frederick County Unscheduled Flardsurfa.ce Road Improvement Projects Ratings Updated June 2007 2008/2009 thru 2013/2014 13, Laurel Grove Rd y 14, Canterburg Rd 15, Timberlakes Ln h' �4+► 16, Wright Rd ' 17, Huttle Rd .p18, Babbs Mountain Rd 19, South Timber Ridge Rd , ->20, McDonald Rd ~' Winchester wf C Stephens+�Crty ' J N r;. w /� e ._ s 0 2 4 8 Miles a FREDERICX COUNTY INCIDENTAL CONSTRUCTION 2008/2009 through 2013/2014 Incidenta� construction projects are defined as minor construction projects. Examples involve drainage improvements, site distance improvements, spot widening, replacing overflow pipes with box culverts, and the application of plant mix on existing road surfaces. The Virginia Department of Transportation determines if a proposed project qualifies for Incidental Construction based on the overall scope of the improvement. IN z a F- a w Y a ° aLU LU �N a� z LU U U N S U U) Wa° 0 w 0 1) 661 Redbud Road 0.45 mile east of Rt. 11 RIR Crossing -Install ST $15,000 2005/06 Federal flashing lights & gates 10% Funds match 2) 649 Springdale 0.55 mile west of Rt. 11 R/R Crossing -Install BC $13,000 2006/07 Federal Road flashing lights & gates 10% Funds match 3) 664 Stephenson 0.06 mile east of Rt. 11 Drainage Improvement ST $125,000 2007/08 VDOT/Fred Road Co. Cooperative Project +) 739 Fox Drive From: 400 ft south of Rt. Construct right turn GA Revenue 522 lane Sharing To: Rt. 522 5) 815 Blossom Drive From: 250 ft south of Rt. 7 Construct right turn ST Revenue To: Rt.7 lane Sharing 6) 1400 Apple Ridge Various roads Plant Mix RB $100,000 2007/08 Subdivision 7) 633 Kline's Mill 0.13 miles west Rt. 11 RIR Crossing -Install OP 2007/08 Safety Road flashing lights & gates Funding by VDOT 8) 668 Branson 0.22 miles southeast Rt. 11 R/R Crossing -Install ST 2007/08 Safety Spring Road flashing lights & gates Funding by VDOT 9) 853 Sinking Spring 0.06 miles south Rt. 651 R/R Crossing -Install BC 2007/08 Safety Lane flashing lights & gates Funding by VDOT 10) 672 Brucetown From: Rt. 11 PE & R/W for ST $100,000 2008/09 Road To: 0.30 miles east Rt. 11 proposed relocation 11) 642 Tasker Road From: 0.10 miles west Rt. Install left turn lanes OP $200,000 2008/09 636 To: 0.10 miles east Rt. 636 (White Oak Road 12) 642 Tasker Road From: 0.10 miles west Rt. Install left turn lanes OP $200,000 2008/09 719 To: 0.10 miles east Rt. 719 Warrior Road 13) 1364 Opequon Various Roads Plant Mix ST $70,000 2008/09 Estates 14) 991 Regency Various Roads Plant Mix ST $125,000 2008/09 Lakes IN w Z Z o J ¢ H W v7 f— Ui Q O F- W U 1— I— Q� W Q n o c~n 2O yw s ao ,~`t, w ¢0 wv U. v 15) 1304 Merriman Various Roads Plant Mix SH $80,000 2009/10 Estates & Westside Station 16) 823 Jackson Various Roads Plant Mix BC $60,000 2009/10 Woods 17) 723 Carpers Valley At Clarke County line Rehabilitation of bridge SH Beyond Bridge Road over Opequon 2013 Funding by VDOT 2008_2004 -Incidental - Construction 1, Redbud Rd, RR Crosing L&G 2, Springdale Rd, RR Crossing L&G 3, Stephenson Rd, Drainage Improv 4, Fox Dr, Right Turn Lane 5, Blossom Dr, Right Turn Lane 6, Apple Ridge Sub, Plant Mix 7, Kilne's Mill Rd, RR Crossing L&G 8, Branson Spring Rd, RR Crossing L&G 9, Sinking Spring Ln, RR Crossing L&G 10, Brucetown Rd, PE & RW Reloc 11, Tasker Rd, Left Turn Lane 12, Tasker Rd, Left Turn Lane 13, Opequon Est, Plant Mix 14, Regency Lakes, Plant Mix Frederick County Incidental Construction 2008/2009 thru 2013/201A 3. 52 15, Merrimans Est, Plant Mix -^^ 16, Jackson Woods, Plant Mix` _ w 17, Carpers Valley Rd, Bridge Rehab ' l r `- 107 Winc ter 5 ,37t,�'� f j. 55 r✓• - f Ste en i Ity t Mr N 4 el wn 0 2 4 8 Miles • :7 • MASTER DEVELOPMENT PLAN #07-07 WALTERS PROPERTY Staff Report for the Planning Commission Prepared: July 3, 2007 Staff Contact: Candice E. Perkins, 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 in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Planning Commission: 07/18/07 Board of Supervisors: 08/22/07 Action Pending Pending LOCATION: The subject properties are located on the Lauck Drive (Route 832). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER(s): 53A -A-34 and 53A -A-35 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: RP (Residential Performance) Use: Residential South: RP (Residential Performance) Use: Residential East: RP (Residential Performance) Use: Residential West: RP (Residential Performance) Use: Vacant PROPOSED USE: Six Single Family Detached Traditional Residential Lots (15,000sf lots) MDP #07-07, Walters Property July 3, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The preliminary master plan for this property appears to have little measurable impact on Route 832, the VDOT facility which would provide access to the property. Before making any final comments, this office will require a complete set of site plans, drainage calculations 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. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Frederick County Fire -Marshal: Access for emergency equipment shall be maintained at all times during construction. Water supply per Frederick County Code Section 90-4 for firefighting shall be in place prior to delivery of building materials. Plan approval recommended. Frederick County Public Works: An adequate outfall for the proposed stormwater pond shall be required prior to subdivision plan approval. A downstream drainage easement may be required. Frederick County Inspections Department: No comment required at this time. Frederick County Sanitation Authority: 2nd review -approved Frederick County — Winchester Health Department: Health Dept. has no objection to the request as stated so long as public water and sewer are utilized. GIS Department: Road name of Scaleby Lane is approved and reserved on Frederick County Road Name Registry. Winchester Regional Airport: The proposed master development plan was reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Department of Parks and Recreation: No comment Planning & Zoning: A) Master Development Plan Requirement A master development plan is required prior to development of this property. Before a master development plan can be approved, it must be reviewed by the Planning Commission, Board of Supervisors and all relevant review agencies. Approval may only be granted if the master development plan conforms to all requirements of the Frederick County Zoning and Subdivision Ordinances. The purpose of the master development plan is to promote orderly and planned development of property within Frederick County that suits the characteristics of the land, is harmonious with adjoining property and is in the best interest of the general public. MDP #07-07, Walters Property July 3, 2007 Page 3 B) Location The subject properties are located on Lauck Drive (Route 832). C) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning of the subject parcel as R-3 (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. D) Site Suitability & Project Scope 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 Compatibility: The Urban Development Area (UDA) 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 residential 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. (Comprehensive Policy Plan, p. 6-1, 6-2) The subject properties are located entirely within the UDA. In accordance with the Frederick County Comprehensive Policy Plan, "any new suburban residential development served by sewer and water will have to be located within the UDA." This development is proposing to develop six single family detached traditional lots. This housing type requires a minimum lot size of 15,OOOsf and does not require open space, sidewalks, curb and gutter or street lights; this housing type is comparable to what was developed with the Star Fort Subdivision. Transportation The six new lots will be accessed off of a new public road (Scaleby Lane) which consists of a 50 foot ROW which extends from Lauck Drive to the limits of the adjacent property to the west. The new road will have a temporary cul-de-sac as shown on the MDP which will be vacated when the adjacent property develops and connects to the new road. Proffers There are no proffers associated with these properties. MDP 407-07, Walters Property July 3, 2007 Page 4 STAFF CONCLUSIONS FOR THE 07/18/07 PLANNING COMMISSION MEETING: The master development plan for the Walters Property depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. All of the issues brought forth by the Planning Commission should be appropriately addressed prior to a recommendation to the Board of Supervisors. Following the Planning Commission discussion, it would be appropriate to forward a recommendation to the Board of Supervisors regarding this MDP conformance with County codes and review agency comments. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Staff is ultimately seeking administrative approval authority of the Master Development Plan once all issues have been addressed -- - r ... ,, r�„y_, ,��IuI UOU•+Ut.mxU) b/42UU/--IU:45:U1 AM Frederick Master Development Plan MDP # 07 - 07 Application Walters Property Location in the County Map Features O Hamlets Zoning *!I Future Rt37 Bypass B1 (Business, Neighborhood District) ® Application B2 (Business, General District) O Airport r' B3 (Business, Industrial Transition District) fS Lakes/Ponds 4W EM (Extractive Manufacturing District) ^— Streams i HE (Higher Education District) esu Buildings M7 (Industrial, Light District) Streets M2 (Industrial, General District) Primary 40 MHt (Mobile Home Community District) 'V Secondary 4w MS (Medical Support District) Terciary Urban Development Area R4 (Residential, Planned Community District) R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) SWSA Location in Surrounding Area 0 25 50 10p0 ® eet Map Document: (N:\Planning_And_Development\_1_Locator_Mps\Walters_Property_MDP0707_060407.mxd) 6/4/2007 -- 10:45:01 AM .�0 A f E " Ii R 7. 41 in Map Document: (N:\Planning And DP.VP.Innmant\ 1 I —f— nnnc\tAt-iI rrederick County, VA Master Development Plan MDP # 07 - 07 Application Walters Property Parcel ID: 53A -A-34 Location in the County 53A - A - 35 Map Features O Hamlets '•!+ Future Rt37 Bypass 8 Application D Airport 13 Lakes/Ponds ^— Streams Streets Primary '�. Secondary Terciary tO Urban Development Area SWSA Location in Surrounding Area 0 25 50 10.0 is .0 Case Planner: Candice . _r.....s_...._.. ,,, _ v-rvr. 11-1 Ql4/4UV! -- IU:45:U"I AIVI 46 za a o� o' r wwhismr willh ter Vm Location in Surrounding Area 0 25 50 10.0 is .0 Case Planner: Candice . _r.....s_...._.. ,,, _ v-rvr. 11-1 Ql4/4UV! -- IU:45:U"I AIVI Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. Date application received Complete. Date of acceptance. Incomplete. Date of return. Application # 09-09 1 1. Project Title: rz 2. Owner's Name: QC's �- .�{i.� zYL� Cu`� /O i7l.�/� [�'t• �._ --Lr— f, �,) cum `�, yL oc-ri,4 c 6 1-4z iorz r,> t. (Please list the names of all owners or parties in interest) 3. Applicant: +-{ 6L- i , / Z AfET-z- Address: 14 6.4 s r Phone Number: 4. Design Company: AiL T I- if 19L-4 Address: _,Pi��T �1Ga:•�1 Si I "Jit Phone Number: 57 40 `l k I Contact Name: N ► 414 9 ok;C `? E Jul" Page 11 r Frederick County, Virginia Master Development Plan Application Package 5. 6. 7. 8. APPLICATION cont'd MASTER DEVELOPMENT PLAN Location of Property: Total Acreage: -2 --?,q -,e: " r -- Property Information: a) Property Identification Number (PIN) b) Current Zoning: C) Present Use: d) Proposed Uses: e) Adjoining Property Information: Property Identification Numbers $roperty Uses North South ✓ ��✓_ C� i�� r'� East�(�I��.� West �9 �'.�-�A �' ✓ _ ZPi•�� ' fl Magisterial District:��'�� Is this an original or ame44 Master Development Plan' Original, Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material will be complete prior to the submission of my master development plan application. Signature: f�. Date: % Page 12 Frederick County, Virginia Master Development Plan Application Package Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following infonnation on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the Frederick County Adininistration Building, 107 North Kent Street. NAME ADDRESS / PROPERTY NUMBER Name i'11 E -WO R -I- I 5eI' -/I Address _"44 fG — f winch t ' C • Z Property # �5-3 A —A C iC1L1 S� a V4.20 \AJ it I ic. Ci r Y�I C. 3 dur (off -6- &,a1 -LW, --f Wtl`3 LCLUC-K- Dr r� LLQ,/ ` r G2 �nn i� I r A Z a(o4r�, r 1 •�� `M I' t4tc- Kul f -L b, w t t -c - d� -i �5 & kaUC J1, r. fir 1A 6-4)U- H 10 Page 18 Frederick County, Virginia Master Development Plan Application Package � .�, � � � . ,l. b ress � Address Property # Page 19 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 °�% lid �d�,.�! ��: ��6f.:i'�"r�6�-�! e. �j•�`'d�'�'-�"---�'! a Know All Men By These Presents: That I (We) v (Name 1', %,/� :'F 12J 41C-T-C.?�S BCut,,-rZ�1�F (Phone) (Address) !mob ��-�1�." y �_ 'p—/Jb� the owner(s) of all those tracts or parcels of land (" roperty") 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. on Page , and is described as A 41 Parcel: Lot: Block: Section: Subdivision: do hereby make, constitute and appoint: (Name) "Iel l iC4li- ✓L— /tet.. Ae (Phone) 7 �6�7 X33 (Address) -r )o %��l jot C (LC 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: G Rezoning (Including proffers) G 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 t re IAwe,} Lave hereto set my (our) hand and seal this'`" day ofy 61O� 200 , Signature(s) State of VirginiCit o y of Uj i'l ,� U'--,To-wit. I,,[,z a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the fore oing instrument and who is (are) known to me, personally appeare d before me and has acknowledged the same before me in the jurisdiction aforesaid this day of , 20010. My Commission Expires: ��—U kotaryPublicor BQTFs: I. Boundary Survey shown hereon is based an an actual field survey by Adz & Assasiotes• PLC. 2. Topography token from Frederick County GIS. Interval is 5 feet. 3. All utilities are to be underground. 4. This MOP is not phased. 5. There are no abnormal topographic or other environmental features on this site. VICINITY MAP I PROJECT DATA: t , TOTAL AREA OF SITE: ' CURRENT ZONING: RP (Residential Performance) 11 Vacant PROPOSED: Single Family Detached Traditional (15,000 sf minimum) MIN. LOT AREA: , 1 FRONT: 35' (Feet) From Road Right -of -Way SIDE: 10' (Feet) REAR: 25' (Feet) MIN. LOT WIDTH: 80' (Feet) @ Setback MIN. OFF-STREET PARKING: Two Spaces Per Unit MAX. BUILDING HEIGHT: PRINCIPLE BUILDING: 35' (Feet) ACCESSORY BUILDINGS: 20' (Feet) PARCEL IDENTIFICATION is 53A -A-34 & 53A -A-35 OWNERS INFORMATION: A & W Construction, LLC. (53A -A-34) 2212 Roosevelt Blvd. Winchester, VA. 22601 Phone #:(540)-837-2777 Richard L. Walters, Custodlan (53A -A-35) r• P.O. Box 409 Boyce, VA. 22620 \ . I E III 1 I tMSyhay �` 10 Dwelings per 1 am PROPOSED DENSITY: 6 Dwellings on 2.7095 ac. (2.2144 : 1) PROPOSED LANDSCAPING: Street Tree Landscaping REQUIREMENTS: 1 Tree Per 40' (Feet) of Street Frontage Ex. fauck Drive = 228 L.F. of Frontage = 6 Trees Req'd Trees Provided = 6 Prop. Smieby Lane = 340 L.F. of Frontage = 9 Trees Req'd Trees Provided = 11 ' Total Trees Req'd = 15 Total Trees Provided = 17 WATER &SEWER: Public Water& Sewer Available •: 1 I. I i 1 TOTAL AREA = 2.7095 AC. AREA IN LOTS = 2.1485 AC. AREA x-61 •.� IN OPEN SPACE = NOT REQUIRED 1 5F. `I I 33 6td X14, oK� 1 / - AIM'PmcV• 1 �'�----_�\ '-I\ � �i' 1' I •� r 3bA.29e r�N�"1 'TaM\L�yPd �;\a1; � :1 I 5!1•Gpi- \`\�I / 1: ',� , p MYr pB c'uc dpp 11.�//. yY� d PROPOS 1EMP. GIL-OE-SIL (10 9F/- / TTIM. VMAm •Ar nYE OF NNNE warn LXIEN9CN) �/ �© t.2 B - - SIMM LANE-(Ppopnbd PtlbGc Str8) PROP C SNI Sp k . p \j 50' MADE RIGNhOF-WAY Pp 1 1 ' PROP. 1i M19ElE <i MER �� I. I ------------------ F 014 I I 013 F• I I 5 53A_ 34 _J -35/ I ---_ ' i -'l _L _ - '.152515 I -: r SMe'%y�o?� I 3A3u�1thY El i. SMg6539 1 • I•_ • ' ' �' '"'B�' ' I ; I �, of 140 2b 0 4b - 80 ,. . I SCALE:.7" = 40' I . tXIRVE RADIUS ARC I}7JGiM -CHORD LENGtH CHI_ BFAR9K; DELTA ANOIE SCHEDULE N L, '°°°•°° "'• N 524 02 E °`'°' 5rPLANT C2 1990.00 51.15 51.15 N 16'7212 E °1'2622 SYMBOL QUANTITY COMMON NAME SIZE LOCATION TYPE LINE I BEARING OMTANCE Ll I N 172004 E 3336 17 WHITE LAK 2.5" CALIPER STREET STREET. ORlAWENTAL, SHADE, CANOPY t.2 13 t.4 N 7001 04 W N 1523 56 E 249.34 300.00 99.96 N 70°1 °4 W t3 t.6 52621 19 W 446.30 447-ZW 559'37 09 E BQTFs: I. Boundary Survey shown hereon is based an an actual field survey by Adz & Assasiotes• PLC. 2. Topography token from Frederick County GIS. Interval is 5 feet. 3. All utilities are to be underground. 4. This MOP is not phased. 5. There are no abnormal topographic or other environmental features on this site. 4' TIP SHWIDQt ;R� PWT-MORE 4'-4'-PwT-(6S OR PONE) 1 BASE �� OF sUR.A. TYPICAL ROAD SECTION sQ SCALEBY LANE (WIDTH=24') PRIME SHALL BE A L.-0.) ASPHALT MATERIAL R 70,MCTa OR -W APRIIFJI AT THE RATE OF"1.a Urato.4 Rtl .Y.) WHEN suEUECrEo- N.T_S. PUBLIC TRUv-. THE PRIMED AREA SHALL BE PA M NT D SICJ4 COVERED WrTH FINE AGoR GATE B OR NO. 10 2" - SM -12.5 AGGREGATE AT THE RATE OF atdm'(1-n.Y.} 3" - BM -25.0 'B.BUm[oI9YlS.Y.1 WHEN USED YATII CEMENT 6" - 21-B STABILIZED SUER: SE OR SUBGRAOE ANO LIME STABILIZED SUBGRAOE NOTE: PAVEMENT DESIGNS FOR NEW SUBDIVISION STREETS STIALL BL CUNSIUEKLU _ 1 PRELIMINARY DESIGNS, NOT APPROVED FOR CONSTRUCTION, UNTIL SUBSTANTIATED ( I 11 BY ACCEPTABLE TEST RESULTS OF THE SUBGRADE SOIL APPROVAL OF THE FINAL DESIGN SHALL BE OBTAINED PRIOR TO CONSTRUCTION OF THE PAVEMENT. ALL PAVEMENT SECTIONS ON THE APPROVED PLANS ARE BASED ON A MINIMUM CBR OF 6. CEIR VALUES LESS THAN 6 WILL REQUIRE PAVEMENT SECTIONS AND PAVEMENT DESIGNS PREPARED BY ARTZ AND ASSOCIATES AND APPROVED BY THE OWNER. APPROVED BY THE DIRECTOR OF PLANNING AND DEVELOPMENT OWNER'S SIGNATURE BLOCK A h W Cm*uedon, UC. (53A --A-34) SIGNATURE DATE SIGNATURE DATE APPROVED BY THE COUNTY ADMINISTRATOROWNER'S SIGNATURE BLOCK Mdxvd L WOftefa, Cuetod''On (53A -A-35) SIGNATURE DATE SIGNATURE DATE LLI D MICHAEL M. ART2 C� N/ 15`30. Y Dj e SURVE'f°-„rf --I- A GUST 23, 2005 SCALE: 1"= 40' PROJECT #20562 SHEET 1 OF 1 VICINITY MAP I PROJECT DATA: TOTAL AREA OF SITE: 2.7095 AC. CURRENT ZONING: RP (Residential Performance) 11 Vacant PROPOSED: Single Family Detached Traditional (15,000 sf minimum) 4' TIP SHWIDQt ;R� PWT-MORE 4'-4'-PwT-(6S OR PONE) 1 BASE �� OF sUR.A. TYPICAL ROAD SECTION sQ SCALEBY LANE (WIDTH=24') PRIME SHALL BE A L.-0.) ASPHALT MATERIAL R 70,MCTa OR -W APRIIFJI AT THE RATE OF"1.a Urato.4 Rtl .Y.) WHEN suEUECrEo- N.T_S. PUBLIC TRUv-. THE PRIMED AREA SHALL BE PA M NT D SICJ4 COVERED WrTH FINE AGoR GATE B OR NO. 10 2" - SM -12.5 AGGREGATE AT THE RATE OF atdm'(1-n.Y.} 3" - BM -25.0 'B.BUm[oI9YlS.Y.1 WHEN USED YATII CEMENT 6" - 21-B STABILIZED SUER: SE OR SUBGRAOE ANO LIME STABILIZED SUBGRAOE NOTE: PAVEMENT DESIGNS FOR NEW SUBDIVISION STREETS STIALL BL CUNSIUEKLU _ 1 PRELIMINARY DESIGNS, NOT APPROVED FOR CONSTRUCTION, UNTIL SUBSTANTIATED ( I 11 BY ACCEPTABLE TEST RESULTS OF THE SUBGRADE SOIL APPROVAL OF THE FINAL DESIGN SHALL BE OBTAINED PRIOR TO CONSTRUCTION OF THE PAVEMENT. ALL PAVEMENT SECTIONS ON THE APPROVED PLANS ARE BASED ON A MINIMUM CBR OF 6. CEIR VALUES LESS THAN 6 WILL REQUIRE PAVEMENT SECTIONS AND PAVEMENT DESIGNS PREPARED BY ARTZ AND ASSOCIATES AND APPROVED BY THE OWNER. APPROVED BY THE DIRECTOR OF PLANNING AND DEVELOPMENT OWNER'S SIGNATURE BLOCK A h W Cm*uedon, UC. (53A --A-34) SIGNATURE DATE SIGNATURE DATE APPROVED BY THE COUNTY ADMINISTRATOROWNER'S SIGNATURE BLOCK Mdxvd L WOftefa, Cuetod''On (53A -A-35) SIGNATURE DATE SIGNATURE DATE LLI D MICHAEL M. ART2 C� N/ 15`30. Y Dj e SURVE'f°-„rf --I- A GUST 23, 2005 SCALE: 1"= 40' PROJECT #20562 SHEET 1 OF 1 VICINITY MAP = 2000' PROJECT DATA: TOTAL AREA OF SITE: 2.7095 AC. CURRENT ZONING: RP (Residential Performance) CURRENT USE: Vacant PROPOSED: Single Family Detached Traditional (15,000 sf minimum) MIN. LOT AREA: 15,000 Square Feet SETBACKS: FRONT: 35' (Feet) From Road Right -of -Way SIDE: 10' (Feet) REAR: 25' (Feet) MIN. LOT WIDTH: 80' (Feet) @ Setback MIN. OFF-STREET PARKING: Two Spaces Per Unit MAX. BUILDING HEIGHT: PRINCIPLE BUILDING: 35' (Feet) ACCESSORY BUILDINGS: 20' (Feet) PARCEL IDENTIFICATION is 53A -A-34 & 53A -A-35 OWNERS INFORMATION: A & W Construction, LLC. (53A -A-34) 2212 Roosevelt Blvd. Winchester, VA. 22601 Phone #:(540)-837-2777 Richard L. Walters, Custodlan (53A -A-35) P.O. Box 409 Boyce, VA. 22620 Phone :P: (540)-837-2777 ALLOWED DENSITY: 10 Dwelings per 1 am PROPOSED DENSITY: 6 Dwellings on 2.7095 ac. (2.2144 : 1) PROPOSED LANDSCAPING: Street Tree Landscaping REQUIREMENTS: 1 Tree Per 40' (Feet) of Street Frontage Ex. fauck Drive = 228 L.F. of Frontage = 6 Trees Req'd Trees Provided = 6 Prop. Smieby Lane = 340 L.F. of Frontage = 9 Trees Req'd Trees Provided = 11 Total Trees Req'd = 15 Total Trees Provided = 17 WATER &SEWER: Public Water& Sewer Available AREA TABULATION TOTAL AREA = 2.7095 AC. AREA IN LOTS = 2.1485 AC. AREA IN RIGHT-OF-WAY = 0.5610 AC. AREA IN OPEN SPACE = NOT REQUIRED 4' TIP SHWIDQt ;R� PWT-MORE 4'-4'-PwT-(6S OR PONE) 1 BASE �� OF sUR.A. TYPICAL ROAD SECTION sQ SCALEBY LANE (WIDTH=24') PRIME SHALL BE A L.-0.) ASPHALT MATERIAL R 70,MCTa OR -W APRIIFJI AT THE RATE OF"1.a Urato.4 Rtl .Y.) WHEN suEUECrEo- N.T_S. PUBLIC TRUv-. THE PRIMED AREA SHALL BE PA M NT D SICJ4 COVERED WrTH FINE AGoR GATE B OR NO. 10 2" - SM -12.5 AGGREGATE AT THE RATE OF atdm'(1-n.Y.} 3" - BM -25.0 'B.BUm[oI9YlS.Y.1 WHEN USED YATII CEMENT 6" - 21-B STABILIZED SUER: SE OR SUBGRAOE ANO LIME STABILIZED SUBGRAOE NOTE: PAVEMENT DESIGNS FOR NEW SUBDIVISION STREETS STIALL BL CUNSIUEKLU _ 1 PRELIMINARY DESIGNS, NOT APPROVED FOR CONSTRUCTION, UNTIL SUBSTANTIATED ( I 11 BY ACCEPTABLE TEST RESULTS OF THE SUBGRADE SOIL APPROVAL OF THE FINAL DESIGN SHALL BE OBTAINED PRIOR TO CONSTRUCTION OF THE PAVEMENT. ALL PAVEMENT SECTIONS ON THE APPROVED PLANS ARE BASED ON A MINIMUM CBR OF 6. CEIR VALUES LESS THAN 6 WILL REQUIRE PAVEMENT SECTIONS AND PAVEMENT DESIGNS PREPARED BY ARTZ AND ASSOCIATES AND APPROVED BY THE OWNER. APPROVED BY THE DIRECTOR OF PLANNING AND DEVELOPMENT OWNER'S SIGNATURE BLOCK A h W Cm*uedon, UC. (53A --A-34) SIGNATURE DATE SIGNATURE DATE APPROVED BY THE COUNTY ADMINISTRATOROWNER'S SIGNATURE BLOCK Mdxvd L WOftefa, Cuetod''On (53A -A-35) SIGNATURE DATE SIGNATURE DATE LLI D MICHAEL M. ART2 C� N/ 15`30. Y Dj e SURVE'f°-„rf --I- A GUST 23, 2005 SCALE: 1"= 40' PROJECT #20562 SHEET 1 OF 1 SUBDIVISION REQUEST #16-07 co WIN, LLC Staff Report for the Planning Commission Prepared: June 29 2007 Staff Contact: Mark R. Cheran, Zoning Administrator This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission 07/18/07 Pending Board of Supervisors: 07/25/07 Pending LOCATION: The property fronts the northern boundary of Berryville Pike (Route 7) at its intersection with Interstate 81 at Exit 315. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54 -A -99E PROPERTY ZONING & PRESENT USE: B2 (General Business) District Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: B-2 (Business General) South: B-2 (Business General) East: B-2 (Business General) West: RP (Residential Performance) Use: Vacant Use: Commercial/Vacant Use: Commercial Use: Residential SUBDIVISION SPECIFICS: Subdivision of 25.6750 acres into four (4) parcels of 0.9003 acres, 0.9216 acres, and 0.9533 acres respectfully; with a residue parcel of 22 acres. All four (4) parcels are zoned B-2 (Business General). Subdivision Request #16-07, WIN, LLC June 29, 2007 Page 2 Fire and Rescue: Plan approval recommended. Sanitation Authori : We will serve these sites with sewer and water. Planning: This property had been zoned B-2 (Business General) when Frederick County adopted zoning in 1967, and has no approved Master Development Plan (MDP). This request is for subdivision of 25.6750 acres to create four (4) parcels with acreage of. 0.9003 ac, 0.9216 ac, and 0.9533 ac.; with a residue parcel of 22.8997 acres. These parcels are located within the Urban Development Area (UDA) and Sewer Water Service Area (SWSA) as indicated by the 2003 Com rehensive Policy Plan of Frederick Count Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District without an approved Master Development Plan (MDP) be presented to the Board of Supervisors for final approval (Chapter 144-12-B). This proposed subdivision has met the requirements for a waiver from the MDP requirements, and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. Requested Waivers: The applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow these parcels to be served by a private commercial access. This Section of The Frederick County Code requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to these parcels will be via a private commercial 50 foot ingress/egress from Berryville Pike (Route 7). This 25 acre parcel abuts Berryville Pike (Route 7) and is served by a single entrance onto Route 7. STAFF RECOMMENDATION FOR 07/18/07 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the WIN, LLC property to be subdivided utilizing private roads, the Board of Supervisors will need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Staff is seeking two actions: • Recommendation from the Planning Commission regarding the waiver of public road frontage. • Recommendation from the Planning Commission regarding administrative approval authority for a four -lot subdivision. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. SUB 9T6 - 07 - L,oca or Map SUB #T6 - 07 0 Zon'Ing Map SUB #76 - 07 � Land se Map 0 S�B6 0 7 U k 091 K�141 IF ago 'AW PON all as -Ak Mn If 11011 2w 0 Ae]Tal Map 1111 :(sr_' 2 2 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: � e7 Application # 4-0 MDP? Yes No If no, as MDP requirement been waived by the Planning Director? Yes �— No If MDP requirement has not been,waived, fill in the following public hearing dates: , Planning Commission: 1 `i Board of Supervisors:�� f;�;} Applicant/Agent: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 Phone: 540-662-4185 Owners Name: WIN, LLC Address: 140 N. Hatcher Avenue Purcellville. VA 20132 Phone: 540-338-0010 Please list names of all owners, principals and/or majority stockholders: WIN. LLC Contact Person: Richard A. Edens, LS Phone: 540-662-4185 NAME OF SUBDIVISION: Final Subdivision Plat of the land of WIN, LLC Number of Lots: 3 Total Acreage 2.7752 Acres Property Location: Property fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 at Exit 315. (Give State Rt. 4, name, distance and direction from intersection) Magisterial District Stonewall Property Identification Number (PIN) 54 -A -99E (Parent Tract) Property zoning and present use: B2 commercial Adjoining property zoning and use: B2 commercial & vacant Has a Master Development Plan been submitted for this project? Yes X No If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the Master Development Plan title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) 0.9003 Acre Number and types of housing units in this development: none I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature- 32� - F.Q, Date: 5—Z .0 i GREENWAY ENGINNIFERING9 mc. 151 Windy Hill Lane 1 Winchester, Virginia 22602 Founded in 1971 June 21, 2007 Frederick County Planning Department Attn: Mark Cheran, Zoning and Subdivision Administrator 107 North Kent Street Winchester, VA 22601 RE: WIN, LLC Final Subdivision Plat Dear Mark: The purpose of this letter is to request the inclusion of the referenced plat on the agendas for consideration by the Planning Commission on July 18, 2007 and by the Board of Supervisors on July 25, 2007. The WIN, LLC Subdivision Plat provides for the creation of three out -parcel lots to accommodate the existing Wachovia Bank, the existing Starbucks/Quizzno's businesses and a new business. The three out -parcel lots are accessed off of Gateway Drive, which is a private commercial street system designed to serve the existing and future businesses. The only access to Berryville Pike (U.S. Route 7) is at the existing signalized intersection at Gateway Drive. Please find attached a copy of the WIN, LLC Final Subdivision Plat with approved review agency comments from FCSA and the Fire Marshal. As you know, the applicant was not required to obtain a VDOT comment for this project as access to the three out - parcel lots is off of a private street system and no new entrances are proposed that would impact the VDOT public street system. Due to this fact, the applicant is requesting a waiver to § 144-24C Lot Access, which requires all lots to abut and have direct access to a public street or right-of-way dedicated for maintenance by VDOT. Please advise me if you have any questions regarding this request or if you need any additional information at this time. Thank you for your assistance with this project. Sincerely, Evan att, AICP Greenway Engineering Cc: Bruce Griffin Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com L,// / / c,vv/v/ / yr , lv rrrr. THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2007 BY NOTARY PUBLIC MY COMMISSION EXPIRES SURVEYORS CERTIFICATE r 11-- n11 nrnrrry -IAr rrrr 1-1 nnerrArerrn rAr All nr rrrr oFNp�T C4,� 50' INGRESS/EGRESS y C EASEMEN. c�S o pN �Fpi�� INST. No. 050006781 6,sf�`gTo� 5k/P 9G158a9 o6p0�2 G aSS �1i0cp��ER 50' INGRESSIEGRESS \ EASEMENT �5� g9F INST. No. 050006781 50' INGRESS/EGRESS 5k`�P1 00\�2�O1P1 -- INST. No. 050006781 S o�aE Op��ER 5 ' GS I �99 E _ 1� 0 PE OF ,P 46=-74' 50'INGRESS/EGRESS EASEMENT INST. No. 050006781 10' WATERLINE EASEMENT DB 908 PG 456 .- � N i DHS E13 %D°� PYLON HS o DHS L7 SIGN L6 NWo i6 Q W (O � 10' SANITARY SEWER � 20' WATERLINE EASEMENT Q N `EASEMENT - 6 INST No. 060022907 6 W \ 1 DB 448 PG 262 E� .. `b�DEXISTING o m o 3 PKS-m L7 � t`�.. r. ° o Q ti ' o wzE ") N Lvd W, IRSNEW TAX PARCEL ti Z o o I oz-,-,�� 54 -A -99J IRS 0.9216 ACRE � x W I �. :AL3 _Elo L2 IRS t 7 'IRS IRS EB f: > 50' INGRESS— r r EGRESS EASEMENT J --I r v ,' . , S9A.j7`��, FUEL INST No. j (:: i i' /�rsTq�y S SIGN j 060022905 20' WATERLINE r r' ' - 19p) F'1T EASEMENT I r r� /1 , NEW TAX PARCEL INST.No. (r r i i 54 -A -99K 060022907 I,i� �i SEE SHEET 3 DOT -SHADED AREA DENOTES AN ADDITIONAL VARIABLE WIDTH INGRESS -EGRESS EASEMENT HEREBY ESTABLISHED TO BENEFIT NEW TAX PARCELS 54 -A -99d, 99K & 99L TO BE UTILIZED IN COMBINATION WITH THE EXISTING INGRESS -EGRESS EASEMENTS TO BERRYVILLE PIKE. 60 0 60 NOTE SEE SHEET 5 FOR LINE DATA, GRAPHIC SCALE EASEMENT LINE AND CURVE DATA, (IN FEET) LEGEND, NOTES, AND AREA TABULATION. FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: Founded in 1971 DATE: MAY 18, 2007 GREENWAY ENGINEERING, INC. 151 Windy Hill Lane Engineers Winchester, Virginia 22602 Sa",eyors Telephone: (540) 662-4185 FAX. (540) 722-9528 www.g7-eenwayeng.com p��p,LTH RIC ARD A. EDENS a Lic. No. 2550 -la-oma 0 Su _1"4 � 0028 SHEET 2 OF 9 10' WATERLINE EASEMENT oq N0�2 Gam/ FQ DB 908 PG 456 G'OS 104 TA SEWER EASEMENT 09DB SF�`�TpB ANI ` 26 NEW TAX PARCEL 54—A-99J SEE SHEET 2 DOT—SHADED AREA DENOTES A VARIABLE WIDTH INGRESS—EGRESS EASEMEN T HEREBY ESTABLISHED TO BENEF7T NEW TAX PARCELS 54—A-99J, 99K & 99L. 50' INGRESS—IRS EASEMENT_\ ��` ,\`.,L10 o��Lll P0132EGRESS IRS INST. No. ° 060022905 � � � � IRS \� \�� 2p�`�'� L12 20' WATERLINE Ny S r I. FQ 1 DIRE `� EASEMENT I r 0 , Bpp2Z ��E�FNTJ INST. No. 'L9CAA 060022907 I r I I i r . _ t=' ' o, ' ELABLE VAR/ ,Sr Ty WATER DHSK07 W I - LE 21 Lu k INGRESS— 4 � ' ' ' ' WATERL/NE --- ^� � �� EGRESS " EASEMENT r"/NST. No. 0600 SEMENT ,' /NST. r.. --- ----_ 22907 � N 4 m �1 i ........ --_— No. .' DHS i d �l! Q ' 2 oQ v- 2740 mo 20WATERLINE EASEMENT t ,......... a . t INST. No. 060022907 IRSo 0 cc POB3 p LIj to _ r NEW TAX PARCEL Q i Ir.........r'. 54-A-991 ~ Ir..".*-"."-.-.'1. N 73'5032" E 00 1,'.. "."..'.'...'; . 165.00' 0.9003 ACRE m r..: 11.. - : - = .'rr DOT—SHADED AREA DENOTES A 50' r ...'....'.. AND VARIABLE WIDTH INGRESS—EGRESS h IRF o 75 I a o o Ir EASEMENT HEREBY ESTABLISHED TO i:... Z - BENEFIT NEW TAX PARCELS 54—A-99J, 99K & 99L. ►� ml OH�—► 3 r o � N ^ c} 24,3, 12 � r O IRS ,1 TAXRESIDUE OF PARCSyE I j SEE 4 A'99E ET ¢ I 60 0 60 NOTE SEE SHEET 5 FOR LINE DATA, GRAPHIC SCALE EASEMENT LINE AND CURVE DATA, (IN FEET) LEGEND, NOTES, AND AREA TABULATION. FINAL SUBDIVISION PLAT OF THE LAND OF OF Lr� WIN. LL C o��LTH STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA o RICHARD A. EDENS a Lic. No. 2550 SCALE: 1" = 60' 1 DATE: MAY 18, 2007 GREENWAY ENGINEERING, INC. I51 Windy Hill Lane Surgvre eers Winchester, Virginia 22602 SUIR.v ors Y Telephone: (540) 662-4185 FAX: (540) 722-9528 0028 SHEET 3 OF 9 Founded in 1971 www.greenwayeng.com heti`�� 10' WATERLINE EASEMENT c�,Q +`�DB 908 PG 456 S O T.M. 54-A-991 �O ti 0 WIN Il, LLC INST. No. 060022905 T.M. 54 -A -99F O Q ZONE- B2 USE: VACANT +\�+ WIN /// LLC INST. No. 070001724 ZONE: B2 USE: VACANT / ° - v �t - c r, OJ0.24 \ '\ \ IRFI\1+ 50' INGRESS- i +`1+ 10' SANITARY EGRESS 1i SEWER i I I 1 EASEMENT -1 i SII DB 448 PG 262T INST. No.I i k\1 050022905 I i I L24+"+ Ii ,I I I I I VARIABLE WIDTHI I IRF ° I i i i WATER & SEWER I i 'I 111 II IIF EASEMENTS L------ i INST. No. 60022907 Ii iI u� illi / MONlit 1 11 o RESIDUE OFLU I i 4 m IRF 1111 TAX PARCEL I; q, , °54 1;i I . ° ai v 22.8997 ACRES I i I 1 i L26 It I h° ��° v jo j lmi��o' om oj 1 Q I� I i i /li� �� .� r doZ LI i `'� �ia�a li iI Z IRFoII (3)JoU m iI rll Lr) j \ \ I I Z L'j I I , llr , 2 O MONO �Liuu'' Ii II ii L28 n Lu +n v'S I I DHF/ ti m I i , o C9 Z iu 1 I .' PKF o MON o ` r iJBRL �1L20 L19 C. °oOVARIABLE WIDTH L 99L 99K y� C10 WATER & SEWER o111 � -1-1 L 15 fINST No. 60022907 NEW TAX PARCELS s9✓ L 14 �50' i SEE SHEETS 2 & 3 --0-0pKF FDR DETAIL - DHS L13 p064 FLRS �--- �- MON L237OFF 21'_± �C _—yyESTBO UND LANE VILLE I BIKEIDTH R/W UTE APPROXIMATE END BERRY _ LIMITED ACCESS R/W VA. PRIMARY RODB 341 PG 354 200 0 200 NOTE ww■r"- SEE SHEETS 2 & 3 FOR CORNER MONUMENTS GRAPHIC SCALE ADJOINING NEW TAX PARCELS 54-A-99✓, K, & L. (IN FEET) SEE SHEET 5 FOR LINE DATA, CURVE, DATA, LEGEND, NOTES, AND AREA TABULATION. FINAL SUBDIVISION PLAT OF THE LAND OF rRIHARD H OFGj�' W/N, LL C STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIAA. EDENSSCALE: 1" = 200' DATE: MAY 18, 2007 002550 GREENWAY ENGINEERING, INC. S -Ig 151 Windy Hill Lane llr SURV� Engineers Winchester, Virginia 22602 d ' Surveyors Telephone: (540) 662-4185 FAX: (540) 722-9528 Founded in 1971 www.greenwayeng.com 0028 SHEET 4 OF 9 (.'I U?VF nATA CURVE DELTA ANGLE RADIUS ARC LENGTH TANGENT CHORD BEARING CHORD LENGTH C1 3753'l1" 160.00' 105.80' 54.92' S 81'3123" E 10388' C2 J5'14'26" 157.49' 96.86' 50.02' S 41'21'06" E 95.35' C3 35'1426" 157.49' 96.86' 50.02' N 41'21'06" W 95.35' C4 3753'11 " 160.00' 105.80' 54.92' N 81'31 23" W 103.88' C5 105"36'02" 170.00' 313.32' 22397' N 55"11'53" W 270.82' C6 14'35'03" 800.00' 20363' 102.37' N 112229" W 20308' C7 29"51'47" 874.93' 456.02' 233.32' N 01'23J5 " W 450.88' C8 44'10'50" 201.28' 155.2 1 ' 81.69' S 14'57 51 " E 151.39' C9 423726" 210.00' 156.22' 81.93' S 80'17'02" E 152.65' C10 1 34'06'08" 210.00' 124.99' 64.41' S 41"55'15" E 123.15' IINF DATA LINE BEARING DISTANCE L 1 N 18'58 38" W 107.16' L2 N 3324'05" W 94.07' L3 N 50"08'16" E 17.88' L4 N 6054'40" E 61.65' L5 N 79'32'01 " E 35.26' L6 S 49'16'46" E 13.04' L7 S 58'58'19" E 30.14' LB N 72'04'59" E 81.37' L9 N 73'48'15" E 89.33' _TIO S 33'24'05" E 94.07' L11 S 18'58 38" E 107.16' L 12 S 61'4321 " W 28.24' __E1J S 61'4321 " W 52.64' L 14 N 5858'19" W 30.14' L15 N 49'1646" W 13.04' Z16 S 79-J2'01" W 35.26' L17 S 60'54'40" W 61.65' L18 S 50"08'16" W 17.88' L19 -S7J'48'15' W 89.33' L20 S 72'04'59" W 61.37' L21 S 7J'50 32" W 165.00' L22 -S16-10'44" E 24312' L23 S 71'5747" W J15.21' L24 S 39'20 23" E 233.46' L25 S 16-09'28- E 22312' L26 S 70'33'12" E 144.39' L27 S 07'07'J4" W 210.73' L28 S 37'03'16" E 71.45' L29 S 58'58'19" E 32.93' NOTES 1. THE BOUNDARY INFORMATION SHOWN HEREON IS BASED ON A CURRENT FIELD SURVEY BY THIS FIRM. 2. NO TITLE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. 3 THE PROPERTY SHOWN HEREON LIES ENTIRELY WITHIN ZONE C, AREAS OF MINIMAL FLOODING, PER N.F.LP. FLOOD INSURANCE RATE MAP No. 510063 0115 B, DATED JULY 17, 1978. FASFMFNT IINF (IATA LINE BEARING DISTANCE El N 16'09'28 " W 50.00' E2 N 73'50 32" E 164.23' E3 N 72'04'59" E 30.78' E4 S 16'09 28" E 46.44' E5 N 7350:12" E 62.09' E6 N 57'4734" E 99.63' E7 S 37'03'16" E 32.42' E8 N 18'58 38" W 43.00' E9 N 71'01'22" E 25.00' E10 S 1858'38" E 38.91 ' Ell S 61'43 21 " W 25.33' E12 S 61'4321" W 26.66' E13 N 28'09'27" W 46.51' E14 N 61'50'33" E 2335' LEGEND BRL = BUILDING RESTRICTION LINE PER ZONING ORDINANCE = CENTERLINE OF PAVEMENT DHF = DRILL HOLE FOUND IN CONCRETE DHS = DRILL HOLE SET IN CONCRETE IRS = IRON REBAR & CAP SET IRF = IRON REBAR FOUND MON = CONCRETE HIGHWAY MONUMENT FOUND PKF = P -K NAIL FOUND IN ASPHALT OR CONCRETE PKS = P -K NAIL SET IN ASPHALT OR CONCRETE POB = POINT OF BEGINNING OF METES & BOUNDS DESCRIPTION R/W = RIGHT OF WAY FINAL SUBDIVISION PLAT OF THE LAND OF WIN, LL C AREA TABULATION EXISTING T.M. 54 -A -99E = 25.6750 ACRES LESS NEW T.M. 54 -A -99J = -0.9216 ACRE LESS NEW T.M. 54 -A -99K = -0.9533 ACRE LESS NEW T.M. 54 -A -99L = -0.9003 ACRE RESIDUE OF T.M. 54 -A -99E = 22.8997 ACRES REMAINING STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N/A I DATE: MAY 18, 2007 GREENWAY ENGINEERING, INC. __�o151 Windy Hill Lane Engineers Winchester, Vzrginia 22602 Surveyors Telephone: (540) 662-4185 FAX- (540) 722-9528 Founded in 1971 www.greenwayeng.com p� .�NLTH OF t C, RICHARD A. EDENS a Lic. No. 002550 5 -IS - 0-7 4 0028 SHEET 5 OF 9 METES AND BOUNDS DESCRIPTIONS The accompanying plat entitled "Final Subdivision Plat of the land of WIN, LLC" and dated May 18, 2007 represents a division survey of all of the "Residue of Tax Parcel 54 -A -99E," as established by Dedication of Plat executed December 6, 2006 of record in the Frederick County Circuit Court Clerk's Office as Instrument No. 060022905, being a portion of the land conveyed to WIN, LLC by deed dated March 31, 2005 of record in said Cleric's Office as Instrument No. 050006781. The said land fronts the northern boundary of Berryville Pike (Va. Primary Route 7) at its intersection with the eastern boundary of Interstate Route 81 in Stonewall Magisterial District, Frederick County, Virginia. All directions described herein are given by quadrant bearings expressed in degrees (°), minutes ('), and seconds (") and all distances are expressed in feet ('). The division of said land is more particularly described by metes and bounds as follows: New Tax Parcel 54 -A -99J Beginning at a drill hole set in a concrete gutter (labeled POB 1 on Sheet 2 of the plat) in the northern boundary of Berryville Pike - Va. Primary Route 7 (said drill hole located S 61 °43'21" W - 52.64' from a P -K nail found in a concrete median at the southeast corner of the parent tract, a corner to WIN III, LLC) comer to the Residue of Tax Parcel 54 -A -99E described below and being the southeastern corner of New Tax Parcel 54 -A -99J; thence with the northern boundary of Berryville Pike S 61°43'21" W - 246.51' to a''/z" iron rebar & cap set, corner to New Tax Parcel 54 -A -99K described below; thence along new division lines through the land of WIN, LLC and with said New Tax Parcel 54 -A -99K for the following two courses: N 18058'38" W - 107.16' to a'/2" iron rebar & cap set; thence N 33024'05" W - 94.07' to a ''/z" iron rebar & cap set; thence departing said New Tax Parcel 54 -A -99K and continuing along new division lines through the land of WIN, LLC for the following seven courses: N 50008'16" E -17.88' to a''/�" iron rebar & cap set; thence N 60054'40" E - 61.65' to a'/z" iron rebar & cap set; thence N 79°32'01" E - 35.26' to a P -K nail set in asphalt at the point of curvature of a curve to the right; thence 105.80' along the arc of said curve, having a radius of 160.00' and a chord bearing S 81°31'23" E for a distance of 103.88', to a drill hole set in a concrete gutter at the end of said curve; thence S 49016'46" E - 13.04' to a drill hole set in a concrete gutter; thence S 58058'19" E - 30.14' to a drill hole set in a concrete gutter at the point of curvature of a curve to the right; thence 96.86' along the arc of said curve, having a radius of 157.49' and a chord bearing S 4171'06" E for a distance of 95.351, to the beginning. Containing.................................................................................................... 0.9216 Acre. New Tax Parcel 54 -A -99K Beginning at aV2." iron rebar & cap set (labeled POB2 on Sheet 3 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), comer to New Tax Parcel 54 -A -99J described above and being the southeastern comer of New Tax Parcel 54 -A -99K; thence with said road boundary for the following two courses: (Continued on sheet 7) File 0028 Sheet 6 of 9 S 61043'21" W - 28.24' to a `/2" iron rebar found; thence S 65005'00" W - 178.28' to a''/Z" iron rebar & cap set, corner to New Tax Parcel 54 -A -99L described below; thence along a new division line through the land of WIN, LLC and with said New Tax Parcel 54 -A -99L N 161109128" W - 227.40' to a drill hole set in a concrete sidewalk; thence departing said New Tax Parcel 54 -A -99L and continuing along new division lines for the following two courses: N 72004'59" E - 81.37' to a drill hole set in a concrete sidewalk; thence N 73048115" E - 89.33' to a `/z" iron rebar & cap set, corner to New Tax Parcel 54 -A -99J; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54 -A -99J for the following two courses: S 33024'05" E - 94.07' to a''/z" iron rebar & cap set; thence S 18058'38" E - 107.16' to the beginning. Containing ...................... 0.9533 Acre. New Tax Parcel 54 -A -99K Beginning at a Yz" iron rebar & cap set (labeled POB3 on Sheet 3 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), comer to New Tax Parcel 54 -A -99K described above and being the southeastern corner of New Tax Parcel 54 -A -99L; thence with said road boundary for the following two courses: S 6505'00" W - 86.00' to a %" iron rebar found; thence S 71057147" W - 79.96' to a %2" iron rebar & cap set, corner to the Residue of Tax Parcel 54 -A -99E described below; thence along new division lines through the land of WIN, LLC for the following two courses: N 16010'44" W - 243.12' to a drill hole set in a concrete sidewalk; thence N 73050'32" E - 165.00' to a drill hole set in a concrete sidewalk, corner to New Tax Parcel 54 -A -99K described above; thence continuing along a new division line through the land of WIN, LLC and with said New Tax Parcel 54 -A -99K S 16009128" E - 227.40' to the beginning. Containing.................................................................................................... 0.9003 Acre. Residue of Tax Parcel 54 -A -99E Beginning at a P -K nail found in a concrete median (labeled POB4 on Sheet 4 of the plat) in the northern boundary of Berryville Pike (Va. Primary Route 7), corner to WIN IIl, LLC; thence with said road boundary S 61°43'21" W - 52.64' to a drill hole set in a concrete gutter, corner to New Tax Parcel 54 -A -99J described above and at the beginning of a curve; thence along new division lines and with said New Tax Parcel 54 -A -99J for the following seven courses: 96.86' along the are of a curve to the left (said curve being non -tangent to the preceding course), having a radius of 157.49' and a chord bearing N 41°21'06" W for a distance of 95.351, to a drill hole set in a concrete gutter at the point of tangency; thence (Continued on sheet 8) File 0028 Sheet 7 of 9 N 58058'19" W - 30.14' to a drill hole set in a concrete gutter; thence N 49016'46" W -13.04' to a drill hole set in a concrete gutter at the beginning of a curve to the left; thence 105.80' along the arc of said curve (said curve being non -tangent to the preceding course), having a radius of 160.00' and a chord bearing N 81131'23" W for a distance of 103.88', to a P -K nail set in asphalt at the point of tangency; thence S 79032'01" W - 35.26' to a ''/2" iron rebar & cap set; thence S 60054'40" W - 61.65' to a '`/Z" iron rebar & cap set; thence S 50008116" W -17.88' to a''/z" iron rebar & cap set, corner to New Tax Parcel 54 -A -99K described above; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54 -A -99K for the following two courses: S 73048'15" W - 89.33' to a drill hole set in a concrete sidewalk; thence S 72004'59" W - 81.37' to a drill hole set in a concrete sidewalk, comer to New Tax Parcel 54 -A -99L; thence continuing along new division lines through the land of WIN, LLC and with said New Tax Parcel 54 -A -99L for the following two courses: S 73050'32" W - 165.00' to a drill hole set in a concrete sidewalk; thence S 16010144" E - 243.12' to a YZ" iron rebar & cap set in the northern boundary of Berryville Pike (Va. Primary Route 7); thence with said road boundary S 71157'47" W, passing over a point at the beginning of the limited access right of way at approximately 21' and continuing with said limited access right of way boundary 315.21' in all, to a concrete highway monument found at the beginning of a curve to the right and in the eastern boundary of Interstate Route 81; thence with the eastern boundary of Interstate Route 81 and said limited access right of way boundary for the following four courses: 313.32' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 170.00' and a chord bearing N 55°11'53" W for a distance of 270.82', to a concrete highway monument found at the end of said curve and the beginning of a curve to the left; thence 203.63' along the arc of said curve to the left (being nontangent to the preceding course), having a radius of 800.00' and a chord bearing N 11122129" W for a distance of 203.08', to a concrete highway monument found at the end of said curve; thence N 16033'18" W - 408.39' to a concrete highway monument found at the beginning of a curve to the right; thence 456.02' along the are of said curve to the right (being nontangent to the preceding course), having a radius of 874.93' and a chord bearing N 01"23'35" W for a distance of 450.88, to a %" iron rebar found, corner to WIN II, LLC; thence with WIN Il, LLC N 73050'32" E - 656.24' to a'/z" iron rebar found in a line of WIN I11, LLC; thence with WIN III, LLC for the following nine courses: S 39020123" E - 233.46' to a'/z" iron rebar found; thence S 16009'28" E - 223.12' to a''h" iron rebar found; thence S 70033'12" E -144.39' to a'/z" iron rebar found; thence (Continued on sheet 9) File 0028 Sheet 8 of 9 S 07007'34" W - 210.73' to a '/2" iron rebar found at the point of curvature of a curve to the left; thence 155.21' along the arc of said curve to the left, having a radius of 201.28' and a chord bearing S 14°57'51" E for a distance of 151.391, to a drill hole found in a concrete gutter at the point of tangency; thence S 37003'16" E - 71.45' to a P -K nail found in an asphalt roadway at the beginning of a curve to the right; thence 156.22' along the arc of said curve to the right (being nontangent to the preceding course), having a radius of 210.00' and a chord bearing S 80°17'02" E for a distance of 152.65', to a P -K nail found in an asphalt roadway at the point of tangency; thence S 58058'19" E - 32.93' to a drill hole found in a concrete median at the point of curvature of a curve to the right; thence 124.99'along the arc of said curve to the right, having a radius of 210.00' and a chord bearing S 41055'15" E for a distance of 123.15', to the beginning. Containing- ..................................................................................... 22.8997 Acres. Surveyed ........ ... .... May 18, 2007. . p��p,j,TH of �jp C, RICHARD A. EDENS y Lic. No. 002550 S -I$ a7 O SURA File 0028 Sheet 9 of 9