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PC 06-06-07 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia Inn.- (9 2007 7:00 P.M. CALL TO ORDER TAB 1) Adoption of Agenda: Pursuant to established procedures, the Planning Commission should adoptthe Agenda for the meeting............................................................................ (no tab) 2) April 18, 2007 Minutes...................................................................................................(A) 3) Committee Reports.................................................................................................. (no tab) 4) Citizen Comments.................................................................................................... (no tab) PUBLIC HEARING 5) Conditional Use Permit #04-07 for Edison Gomez for a Public Garage With Body Work. This property is located at 2608 Double Church Road, (Route 641), and is identified with Property Identification Number 93-4-3 in the Opequon Magisterial District. Ms. Krempa...................................................................................................................... (B) 6) Rezoning #05-07 of Admiral Byrd Center, submitted by Stowe Engineering, PLC, to rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers, for office and retail uses. The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building in the Shawnee Magisterial District, and is identified by Property Identification Number 60 -A -40I. Mr. Ruddy........................................................................................................................ (C) PUBLIC MEETING 7) Master Development Plan #06-07 for Winchester Industrial Properties, submitted by Johnson Development, Inc., for Industrial Uses on 107.78 acres zoned M 1 (Light Industrial) District. The properties are located on Brook Road in and adjacent to Fort Collier Industrial Park, and are identified with Property Identification Numbers 54-A-91 and 54 -A -36T, in the Stonewall Magisterial District. Mrs. Perkins..................................................................................................................... (D) 8) Waiver Request of David and Linda Hicks, submitted by Artz & Associates, PLC, of Article V Design Standards, §144-17 Streets, (G) (1), Cul-de-sac, of the Code of Frederick County, Chapter 144 Subdivision of Land to allow 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 (Route 682), 0.6 miles east of East Hunting Ridge Road (Route 608), in the Gainesboro Magisterial District, and is identified by Property Identification Number 21-A- 37. Mr. Cheran.................................... (E) 9) Other 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 April 18, 2007. PRESENT: June M. Wilmot, Chairman/Shawnee District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; Charles E. Triplett, Gainesboro District; George J. Kriz, Gainesboro District; Gregory S. Kerr, Red Bud District; Christopher M_ Mohn, Red Bud District; Gary R. Oates, Stonewall District; John H. Light, Stonewall District; Greg L. Unger, Back Creek District; H. Paige Manuel, Member -At -Large; Philip E. Lemieux, Board of Supervisors Liaison; Barbara Van Osten, Board of Supervisors Liaison; and Lawrence R, Ambrogi, Legal Counsel. ABSENT: Roger L. Thomas, Vice Chairman/Opequon District; Cordell Watt, Back Creek District; and the City of Winchester Liaison. STAFF PRESENT: Eric R Lawrence, Planning Director; Michael T. Ruddy, Deputy Planning Director; Mark R. Cheran, Zoning & Subdivision Administrator; Candice Perkins, Planner II; and Renee' S. Arlotta, Clerk. CALL TO ORDER & ADOPTION OF AGENDA Chairman Wilmot called the meeting to order at 7:00 p.m. A motion was made by Commissioner Kriz, seconded by Commissioner Triplett, and unanimously passed to adopt the Planning Commission's agenda for this evening's meeting. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the minutes of the March 7, 2007 Planning Commission meeting were unanimously approved as presented. Frederick County Planning Commission Page 2025 Draft Minutes of April 18, 2007 N- 0 IF A r4 -2 - COMMITTEE REPORTS Comprehensive Plans & Programs Subcommittee (CPPS) — 04/09/07 Mtg. Commissioner Light reported that the CPPS reviewed the Comprehensive Policy Plan text amendments in a clean-up session of the document. He said this was an overview of how the language could be updated for items that had changed in the past few years. He added that the CPPS also discussed how each committee within the County could improve methods of operation. Historic Resources Advisory Board (HRAB) — 04/17/07 Mtg. Commissioner Oates reported that the HRAB discussed three items. 1) consideration of a monument for Greenwood School, located at the southeast corner of the intersection of Greenwood and Senseny Roads; the HRAB believed this rezoning was a positive step towards mitigating impacts; 2) consideration of 58 acres on Shady Elm Road for B3 Zoning; neither the applicant nor his representative were present. The HRAB determined a portion of the property may be in core battlefield and an existing house was identified by the Virginia Division of Historic Landmarks. The applicant's impact analysis did not identify any historical impacts and the HRAB generated an extensive list of questions and concerns that will need to be addressed by the applicant at a future meeting; 3) consideration of funding options to acquire the birth place of Willa Cather; members of the Willa Cather Foundation presented the historical significance of the site and possible uses, should it be preserved. Economic Development Commission (EDC) — 04/06/07 Mtg. Commissioner Kerr reported that the EDC had three action items: 1) the Regional Workforce Study results; 2) review of the fourth quarter project list, which included pro -active marketing and industry tours; and, developing a strategy to remedy a problem in the County with sites ready to go; and, 3) the Lord Fairfax Small Business Development Center presented their annual update. Sanitation Authority (SA) — 04/17/06 Mtg. Commissioner Unger reported that March rainfall was approximately 2-2/3 inches. He noted one week in March with excessive rain and the plant had to be shut down to conduct work. He also reported water production up about 100,000 gpd, which was credited to industrial use. Commissioner Unger said a bid for Stephenson's pump station was received from Eastcoast Utility Contractors and the SA voted in favor of pursuing the project with that bid. In addition, he said the SA is working towards getting the force main ready for Stephenson; the SA will need to go through five properties. He commented that some issues will need to be resolved through the court system. Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2026 -3 - Winchester Planning Commission (WPC) — 04/17/07 Mtg. Commissioner Ours reported that WPC approved an ordinance to conditionally rezone approximately .15 8 acres from limited high-density residential to educational/institutional and public use; this is the Timbrook Park property, adjacent to the City's public safety building. He said the WPC also approved a request of Montgomery Engineering Company for a conditional use permit for a structure having roof pitches less than otherwise permitted in the City; this is an addition onto the Saturn dealership on Valley Avenue. Also approved was a preliminary six -lot subdivision for the East Tevis Street development, the other portion of that commercial development will be across I-81 in Frederick County. Commissioner Ours reported that the WPC approved an ordinance to vacate portions of improved North Cameron and East Piccadilly; this is for sidewalks bordering on the Winchester Towers Building and this could develop into a new complex. Also approved and sent to City Council was the WPC's 2007 Capital Improvement Program. CITIZEN COMMENTS Chairman Wilmot called for citizen comments on any item that was not on this evening's agenda and the following person came forward to speak: Mr. Kirk Matthews came forward and said he was a resident of Frederick County, a native of Virginia, and a Hokie. Mr. Mathews asked the Chairman if she could have everyone rise for a moment of silence in recognition of the tragedy that happened at Virginia Tech. Chairman Wilmot agreed and everyone stood for a moment of silence. PUBLIC HEARING Rezoning 412-06 of Carriage Park, submitted by Patton Harris Rust & Associates, to rezone 30.26 acres from RA (Rural Areas) District to RP (Residential Performance) District, and 15.18 acres from MH1 (Mobile Home Community) District to RP District, totaling 45.44 acres, with proffers, for up to 249 single family attached homes (townhouses). The properties are located south and adjacent to Route 7, east and adjacent to Blue Ridge Mobile Home Park in the Red Bud Magisterial District, and are identified by Property Identification Numbers 55-A-161, 55 -A -165A, 55-A-166, 55-A-167, 55-A-1 67A, 55-A-168, 55 -A -174A, 55 -A - 174B, and 55 -A -174D. Action — Tabled for 45 Days Deputy Director, Michael T. Ruddy, reported that the Planning Commission previously tabled this request for 30 days to allow the applicant a period of time to work out some issues with the rezoning request. Mr. Ruddy stated that since that time, the staff has received no additional information pursuant to the rezoning application; however, the staff did receive a request for a continuance of this particular rezoning request. Mr. Ruddy pointed out that the May 16, 2007, Planning Commission meeting would be the earliest in which the Commission could reconsider this application, considering that the Commission has previously discussed a 45 - day tabling procedure. Mr. Ruddy said that with this in mind, the applicant has made the tabling request to the Planning Commission. Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2027 Z10 Chairman Wilmot recognized that the applicant had requested the previous tabling. Chairman Wilmot asked if there was anyone in the audience who wished to speak to this rezoning. No one came forward to speak. Commissioner Mohn made a motion to grant the applicant's request for a continuation and to schedule the Carriage Park rezoning application for the May 16, 2007 Planning Commission meeting. This motion was seconded by Commissioner Kriz and unanimously passed. BE IT RESOLVED, that by a unanimous vote, the Frederick County Planning Commission does hereby table Rezoning Application 412-06 of Carriage Park until May 16, 2007, at the applicant's request. Rezoning 403-07 of Easy Diving Associates, submitted by Greenway Engineering, to rezone 4.02 acres from RA (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District, totaling 19.02 acres, with proffers, for commercial uses. The properties are located on the west side of Martinsburg Pike (Route 11), approximately 600 feet north of the Martinsburg Pike/Old Charles Town Road (Route 761) intersection, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-1-B, 44B -1-2,44B-1-3, 44B -1-3A, 44B-1-4 and 44B-1-6. Action — Recommended Approval Deputy Planning Director, Michael T. Ruddy, reported that the applicant is proposing commercial uses on this 19.02 -acre site and is proffering a maximum of 120,000 square feet of structural development. Mr. Ruddy said the parcels comprising the rezoning application are located in the Sewer and Water Service Area (SWSA) and are also within the limits of the Northeast Land Use Plan (NELUP), which provides for commercial uses in the vicinity of this site and along Route 11. He said the plan also recognizes the existing industrial zoning classification to the north of this site and, in particular, the developmentally -sensitive areas (DSA) along the frontage of the property. Mr. Ruddy stated that as part of the Generalized Development Plan (GDP) this applicant has limited the number of entrances on Martinsburg Pike by proffering one public street entrance and one commercial entrance. He said the project proposes additional access management to accommodate the traffic from the Easy Living Mobile Home Park by relocating their access to the new public street system. Pedestrian accommodations have been provided within the project and along the frontage of Route 11. He added that the project's location on a major corridor and adjacent to an area identified as a DSA warrants particular attention and the applicant's proffers include a corridor enhancement strip of 20 feet in width along the entire frontage of the property. Included within this strip is a ten -foot multi -use bicycle trail and additional landscaping. Furthermore, the applicant has provided a limitation on signage along the front of the property, along with general building material specifications, and buffers and screening for adjacent properties. Also included within the transportation proffers are the signalization of the main entrance and a monetary contribution in the amount of $50,000 which may be applied to other transportation improvements in the vicinity. Commissioner Oates asked about potential inter -parcel connections to the north; he asked about the applicant's designation of a particular fire company to receive proffer money; and he asked how the dollar amount for potential signalization will be calculated. Mr. Ruddy pointed out the areas where inter -parcel connectivity will take place; he said there is no inter -parcel connection provided to properties to the north. Mr. Ruddy noted that monetary contributions under proffers will go directly to the Frederick County Treasurer and VDOT will provide the dollar amount associated with signalization. Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2028 -5 - Commissioner Light commented about the numerous rezonings that have occurred recently along the Route 11 North corridor and he asked if the staff had compiled any cumulative numbers on the loading. Mr. Ruddy said the TIAs that have occurred with the most recent developments have attempted to maintain a current evaluation; however, from 81 in Stephenson and the Ruthersford Farm all the way through the Sempeles property and Route 323, the County staff has not conducted a thorough, comprehensive evaluation on the loading of that entire section. Commissioner Oates stated that the TIA for the Rutherford's Farm rezoning, approved this past winter, had included uses all the way to the Sempeles' property in their TIA; however, this particular rezoning only had two recent rezonings in their background study. He named several projects that were not included. Commissioner Oates questioned whether applicants just pick and choose what they want to show for background traffic; he asked about the possibility of the staff or the transportation planner providing the applicant with a list of properties that need to be included in the TIA. Mr. Ruddy recognized the recent evolution in the scope of the TIAs and he anticipated this will continue with input from the transportation planner and VDOT so that a full comprehension of the scope and the impacts can be achieved. Mr. Ruddy commented that this particular project's TIA was scoped over a year ago, preceding some of the projects mentioned. Mr. Evan A. Wyatt, with Greenway Engineering, was present to represent the owners and applicants, Easy Living Associates. Mr. Wyatt explained that one of the challenges the owners faced was attempting to get the existing access drive for the mobile home community relocated; he said they worked with the adjoining property owner and were successful in acquiring a two -acre parcel for the relocated entrance. In addition, Mr. Wyatt stated that the applicant worked with VDOT regarding scoping for the TIA, the background traffic, as well as the maximum structural square footage, to prevent overloading the system. He commented that this was how they arrived at the maximum 30,000 structural square footage for the B2 portion of the property and the maximum 90,000 structural square footage for the B3 portion. He mentioned the specific uses that were modeled for the B2 and B3 portions. Mr. Wyatt then reviewed the design features, including the proffered 20 - foot corridor enhancement strip with a ten -foot bicycle/pedestrian trail, the construction of an additional travel lane along the frontage of the property, sidewalk accommodations, inter -parcel connectivity, and restrictions on signs and building materials. He also discussed the monetary proffers with the Commission. Chairman Wilmot next called for public comments. No one came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Commissioner Light said that his concerns were not of this individual property, but the comprehensive transportation plan for the entire Route 11 North corridor. Commissioner Light said that if you take into consideration all of the existing and potential traffic signals at the intersections, starting north and heading south from the State Line Exxon, it seems the only traffic solution to accommodate development is another traffic signal. He believed the County needed to implement a comprehensive transportation plan for the Route 11 North corridor before it accepts any further development in this area. He said the only way to get around these potential problems is inter -parcel connectivity to take pressure off Route 11. Commissioner Light said before the Commission votes on any additional development, a comprehensive transportation plan should take place to allow the development community to proffer potentials to offset the mitigation of traffic impacts to Route 11. He predicted a future need for a four or five -lane Route 11 North and possible exit/entrance ramps onto I-81 further north on Route 11. Commissioner Light said he could not support this rezoning because he didn't think the traffic improvements and proffers were significant enough to improve the current problems. He suggested the need to have the County's transportation planner, the Transportation Committee, and VDOT study the potential problems and determine how they can start being addressed with future rezonings. Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2029 Commissioner Manuel said it was his understanding the County does have a current Eastern Road Plan, as part of the Comprehensive Policy Plan and the Northeast Land Use Plan. Commissioner Manuel commented that the plan states industrial and commercial development can occur, if the impacted roads function at a Level of Service (LOS) "C." Commissioner Oates said he agreed with Commissioner Light's comments; however, he believed it was the County's responsibility for not getting something in place sooner. Commissioner Oates said that obviously, the Northeast Land Use Plan is very lacking and needs to be improved immediately. However, he did not want to penalize the individuals coming before the Comnussion because of the County's lack of planning. Commissioner Light made a motion to table the rezoning for 45 days in order to have discussions between the parties involved to determine if an inter -parcel transportation plan for the western side of Route 11 would help the situation. This motion was seconded by Commissioner Oates, but failed by the following vote: YES (to table): Kriz, Ours, Light, Oates NO: Mohn, Kerr, Triplett, Morris, Manuel, Unger, Wilmot (Note: Commissioners Thomas and Watt were absent from the meeting.) Anew motion was made by Commissioner Oates to recommend approval of the rezoning with the recommendation that the applicant continue to work with the staff to attempt to improve their transportation proffers. This motion was seconded by Commissioner Kriz and passed by a majority vote. BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Rezoning 403-07 of Easy Living Associates, submitted by Greenway Engineering, to rezone 4.02 acres from RA (Rural Areas) District to B2 (General Business) District, and 15 acres from RA District to B3 (Industrial Transition Business) District, with proffers, for commercial uses with the recommendation that the applicant continue to work with the staff to attempt to improve their transportation proffers. The vote was as follows: YES (to rec. approval): Kriz, Ours, Oates, Mohn, Kerr, Triplett, Morris, Manuel, Unger, Wilmot NO: Light (Note: Commissioners Thomas and Watt were absent from the meeting.) PUBLIC MEETING Master Development Plan 401-07 for revisions to Sovereign Village, submitted by Greenway Engineering, for 216 single-family urban detached units, 42 single-family detached zero lot line units, 62 multiplex units, and commercial use, located on Senseny Road (Rt. 657). The properties are further identified with PINs 65-A-39 and 65 -A -39A in the Red Bud Magisterial District. Action — Recommended Denial Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2030 -7 - Planner Candice E. Perkins reported that this master development plan (MDP) is a proposal to revise the original MDP for Sovereign Village; she pointed out that the MDP process is an administrative process and the approval of the plan is based on ordinance and proffer conformity. Ms. Perkins said this latest proposal offers a revision to the MDP reviewed by the Planning Commission at their March 7, 2007 meeting. She said the previously -reviewed plan called for 116 multiplex units and 216 single-family detached units; the latest proposal calls for the same 216 single-family detached units, 42 single-family zero lot line units, and 62 multiplex units. She said the revised MDP continues to provide the 12 acres of commercial land. The revision reduces the overall density of the project to 2.2 units per acre. Using a Powerpoint presentation, Ms. Perkins projected an illustration of the housing types proposed and definitions from the zoning ordinance. She said the addition of the 42 zero lot line units provides more of a transition between the existing single-family urban units and the proposed multiplex. She said the zero lot line units are now located along Canyon Drive, fronting on Rossman and Farmington. The multiplex units are now located between the B2 -zoned portion of the property and the zero lot line units. Ms. Perkins said at the March 7, 2007 Planning Commission meeting, it was requested that the applicant provide more information on the design of the proposed multiplex units. She said that while the applicant has not provided the detail of the units, they have revised the MDP to include the zero lot line units to address concerns expressed at the meeting. Ms. Perkins said the revised MDP provides a commitment for the completion of Channing Drive from Farmington Boulevard to Canyon Road within 12 months of the approval of the MDP; the plan also states that this portion of Channing Drive will be bonded prior to the MDP receiving final signatures; the plan further states that the proffered community center will be constructed within 24 months of approval of the revised plan. Ms. Perkins concluded her presentation by stating that the revised MDP is in conformance with the zoning ordinance and the proffers from the rezoning. She added that the Planning Commission previously utilized a 45 -day deferral and the zoning ordinance requires an action be forwarded to the Board of Supervisors within 60 days; therefore, the application can not be tabled again. Commissioner Kriz asked if the completion of Channing Drive, the community center, and the commercial area was previously proffered with the rezoning. Ms. Perkins replied that the rezoning proffered Channing Drive to be completed by the 475`h building permit; she said there was no time frame on the completion of the community center; and there was no time frame for the development of the commercial area. Mr. Thomas Moore (Ty) Lawson, P.C., of Lawson & Silek, P.L.C., was present on behalf of the owners, Manning and Ross Developers, LLC, and the applicant, Greenway Engineering. Mr. Lawson said the planning staff has confirmed this revised MDP conforms to the requirements of the zoning ordinance. Mr. Lawson said the MDP is an administrative process and this is a public meeting as opposed to a public hearing. Mr. Lawson said the biggest change from the previous MDP submittal was in response to comments the applicant received, which were that homeowners who lived on the constructed side of Rossman Boulevard expressed concerns about looking across at the multiplex housing. He said the revised MDP places single-family detached homes across the street; he said the viewshed from the existing homes will be of single-family homes. Mr. Lawson said the change in housing type has resulted in an overall reduction in the number of homes originally approved in the rezoning and fewer than what was presented in the previous MDP proposal. He said the ten -unit reduction results in fewer impacts with respect to trips per day and school students. Mr. Lawson said this MDP revision stipulates that Channing Drive will be bonded immediately and constructed within 12 months, and the recreation center will be built within two years or 24 months. He believed this revision presented a much more viable layout for the commercial use. Mr. Lawson asked the Commission for a positive recommendation and a forwarding of the MDP to the Board of Supervisors. Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2031 Commissioner Kriz asked Mr. Lawson how close the applicant was to the 475`h unit built. Mr. Lawson replied it was pointed out at the last meeting that the timetable, given the current build -out, would be in the 2-2'/z year plus time frame. Chairman Wilmot next called for citizen comments and the following persons came forward to speak: Mr. Jack Lewis, a resident of Sovereign Village, spoke on behalf of the Sovereign Village Homeowners Association (HOA). Mr. Lewis said the HOA has reviewed the revised MDP and has found nothing in it which addresses the principal concern of the homeowners of Sovereign Village. He said the proposal remains a fundamental breech of the contract the homeowners believed they were entering into when purchasing homes in Sovereign Village. He said that contract was embodied in the existing MDP which specifies that Sovereign Village would be a community of single-family detached homes. He stated it would be another matter if there had been an allowance in the plan that mixed housing would be allowed; however, there is no such provision and the home buyers proceeded in good faith and trust to purchase in Sovereign Village. Mr. Lewis said that he spoke with several families who recently purchased homes within the past month or so; all of them said a key factor in their decision to purchase in Sovereign Village was the single-family detached homes. He noted that not one of the families had been advised, nor did they have any knowledge of the on-going effort to change the character of the community with the addition of high-density multiplexes and other housing types. Mr. Lewis added that he understands this is a unique situation and there has not before been a case where a new type of housing has been grafted onto the MDP of an established community; he said this would be a precedent and a poor one. Mr. Lewis further added that the precedent that should be shown is that the contractual rights of existing homeowners will not be sacrificed to the financial gain of a few developers. In conclusion, Mr. Lewis questioned the compliance of this proposal with the County's zoning ordinance; specifically, Article 6, Chapter 165-62, Section D, which states, "... in no case shall the gross density of any development within an approved MDP, which contains more than 100 acres, exceed four dwellings per acre." He said the multiplex proposed in this revision will have a density factor of 6.3 units per acre. Mr. Kirk Matthews, a resident of Sovereign Village, spoke about the promises, contracts, and proffers that were made to the home buyers, the community, and the County. Referring to the applicant's comment about the shrinking impact of the new MDP, Mr. Matthews agreed, saying the original monetary proffer to the County was $3,600 per lot and now there will be 30 less lots, which totals $110,000 less the County will receive. He also pointed out that the 12 acres of commercial land was never recorded as commercial property and, therefore, has never been taxed as commercial. He said the Real Estate Office just discovered the oversight in July of 2006 and the 2007 tax year will be the first time this acreage has been billed out as commercial land. Mr. Matthews also questioned whether a membership -based community center could go on RP -zoned land and he pointed out that the road layout is different on this plan from the original MDP. Mr. Matthews concluded by saying that the homeowners in this community bought homes with the understanding this was going to be a single-family neighborhood. Ms. Jennifer Esler, a resident of Sovereign Village, stated that at the previous Planning Commission meeting, the residents learned the developers were not in default with the construction of the recreational center or Channing Drive. She believed, however, that both the recreational center and Channing Drive would come in time. She asked the Commission to focus on the crux of the issue, which was that multiplexes and zero lot line houses are not in character with Sovereign Village, a single-family housing development. Ms. Esler said the only acceptable new housing type is the kind which has already been built in Sovereign Village. Ms. Esler said the County Code states the Planning Commission must evaluate changes by taking context into consideration; she said the multiplex and zero lot line houses are not in context with the remainder of the development. Ms. Ester provided the Commission with numerous photographs showing the areas proposed for the new housing types_ She pointed out how close the new housing would be to existing Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2032 homes. She also pointed out the small areas planned for the multiplex and zero -lot line units plus roads; she said this kind of density would be hugely out of keeping with the remainder of the subdivision. Mr. Ken Jackson, a resident of Sovereign Village, said the homeowners in Sovereign Village paid for a promised single-family housing development with amenities and now they were being given with something less than what they paid for. Mr_ Jackson believed this was an issue of right and wrong, he said voting this down was the right thing to do and accepting it was wrong. Ms. Christina King, a resident of Sovereign Village, believed the greatest concern of the residents is the construction of multiplex housing which was not a part of the original MDP. Ms. King believed multiplex units would depreciate the value of the existing single-family homes and it would increase the threat of crime. She stated that the homeowners were promised a single-family neighborhood with a community center and pool. Mr. Patrick Skorker, a resident of Sovereign Village, said that at the Commission's March 7 public meeting, he spoke about the horrendous conditions of townplexes and parking at his previous place of residence in New Jersey. Mr. Skorker then spoke about integrity and the American dream. He said his parents were immigrants and came to the United States in the early 1900's. He said his father started a business and his contract to his clients was a handshake and his word was his bond. Mr. Skorker asked the Commission whatever happened to the integrity of the handshake. Ms. Lisa Skittone, a resident of Sovereign Village, said that if she and her husband would have seen the revised MDP as presented, they would not have purchased a home in Sovereign Village. Ms_ Skittone said they paid over $500,000 for their home; she said they could have paid that much and lived in a suburb of D.C., near this type of housing, or they could have purchased a zero lot line house in the Bronx where she is originally from. Ms. Skittone said they purchased in the Sovereign Village community because they enjoyed the area and they liked the plan promised to them. Mr. Mark Chase, a resident of Sovereign Village, said he purchased his home in November of 2006, when the housing market was strong. Mr. Chase said he made his decision to purchase by evaluating his risk and knowing the climate of the housing market. He said today, there is one person who is responsible for that decision and it was him; he said any consequences of his decision falls upon himself. Mr. Chase said that sometimes public bodies have to make decisions that are unpopular to the people they represent; he said this was not one of those times. Mr. Chase said there is nothing to justify a change to this MDP, or a change to the rules, in the interest of the greater community. Mr. Chase asked the Commission, in their capacity as appointed public servants, if the proposed change was in the community's best interests or if it was in special interest. Mr. Brad Bluet, a resident of Sovereign Village, said that he just recently closed on the purchase of his home last month, after looking at over 200 available homes. Mr. Bluet said this housing change was not a part of the discussion he had with his builder. He said that when he asked what was going in the open area, he was told it was supposed to be a recreation center and more houses like the one he bought. Ms. Emmalina Dawson a resident of Sovereign Village said she also chose to live in the Sovereign Village community because it was supposed to be all single-family homes. She said she and her husband purchased their home 3 %2 years ago; she said they were promised a 3,000 square -foot recreational center, nature trails, bicycle trails, and a swimming pool. Ms. Dawson apologized for being so emotional about this issue, but she said it brought back memories of the planned community she grew up in. She said she was told the Frederick County Planning Con nission Draft Minutes of April 18, 2007 Page 2033 -10 - pool and recreational center would be built within 18 months of purchasing their home; she said she anticipated her children walking to the community pool when they were growing up. Ms. Dawson said that she and her husband worked very hard to afford the home they purchased in Sovereign Village and they looked at many other communities, but chose this one based on what they were told. Mr. Stan Rogers, a resident of Sovereign Village, said his home faces the property in question and it was very important for him to find out what was going to happen in that area before he purchased his home. Mr. Rogers said he was told he would be looking at the backyards of the houses in the cul-de-sac. Mr. Rogers said he also asked about the street system and if any intersections would be close to his home. He said with this revised MDP, Butterhouse Way will end up fronting on his driveway and he was concerned because he has small children. Mr. Rogers said it was already difficult to get out onto Rossman because it was a feeder route for all of the houses behind him; he said that having another road "T-ing" directly in front of his driveway will make it almost impossible to get in and out. Mr. Rogers said this issue is very important to him and his wife; he said they would never have purchased a home in Sovereign Village if they had known this street would be in front of their house. Mr. Rogers believed the issue is about holding people to their word. Ms. Sharon Carlson, a resident of Sovereign Village, spoke about promises that were made by the developer and his integrity. She spoke of the agreement the homeowners made to abide by the covenants when they purchased their homes. Ms. Carlson spoke about pride and community and the developer's agreement to provide a community center. Ms. Tiffany Burchese, a resident of Sovereign Village, came forward with her two daughters. Ms. Burchese said her oldest daughter was four years old when she moved into Sovereign Village and the second daughter was born after she moved into Sovereign. She said it has been five years since she purchased her home and she wanted the Commission to see how big her children were and still have no recreational center or pool. Mr. Hai Tran, a resident of Sovereign Village, spoke about the tragedy at Virginia Tech University; he said as an Asian -American and a former Penn State student, he was especially heartfelt about the incident. He said the media is now focusing on why and what happened. Mr. Tran believed the parents may not have paid enough attention to their children because they were working so very hard to pursue the American Dream and ensure a better life for their children. Mr. Tran was concerned that if this revised MDP was approved, the value of his home would be negatively affected; he said it would require him to work longer hours and have limited quality time with his family. Mr. Tran asked the Commission not to approve this revised MDP. Mr. Harry Mallette, a resident of Sovereign Village, said that he and his wife previously lived in a townhouse community, he said they moved to Virginia in 1990 with a promise never to live in a townhouse community again. Mr. Mallette said they looked at close to 80 homes; they were looking for a one -level, single- family house. He said when they saw this home in Sovereign Village, they decided then and thereto purchase this home. Mr. Mallette said they were promised a community center and there was no mention of townhouses. He was certain they would not have moved to Sovereign Village if there were multiplex or townhouse units planned. Mr. Bruce Fry, a resident of Sovereign Village, said he lived on the corner of Rossman and Dover, across from the intersection in the photograph where all of the children gather to catch the bus. He commented that this is where a significant amount of traffic is now going to come pouring out of the multifamily area. Mr. Fry said that currently, there is a pile of dirt at this location that gets moved back and forth creating a dust storm and keeping the homes nice and dirty. He said that instead of the pile of dirt, the residents were supposed to have a community center and additional single-family houses. Mr. Frye said he would never have purchased a house in this subdivision had he known there would be townhouse built there. Mr. Frye asked the Commission to deny the request. Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2034 Mr. Richard Crane, a resident of Red Bud District, said that in 1998-1999, when he was president of the Glenmont Village HOA, he whole-heartedly supported the rezoning of Sovereign Village with the understanding this would be a single-family community. Mr. Krane said a mistake was made back then because a time limit was not required for construction of the recreational center; however, it was understood that membership would be available for all the residents along the Senseny Road corridor. He said a mistake was also made not to require a time limit for the commercial development, but the Glenmont Village HOA supported ii because they wanted nearby shopping. He said they also supported it because they believed it was going to be a nice community where people could raise their children and be happy. Mr. Krane said they took the developer on his word that he was going to fulfill his promises. He said now is not the time for the residents to be blackmailed, so that Channing Drive can be finished. Mr. Krane said Sovereign Village should remain single family and the developer should be required to finish Channing Drive, the recreation center, and the commercial area. No one else came forward to speak and Chairman Wilmot closed the public comment portion of the meeting. Mr. Lawson, the applicant's representative, returned to the podium with three points to make in response to the citizens' comments. Mr. Lawson's first point was that townhouses are not being proposed for this development; he said the multiplex lot sizes are significantly larger than townhouse lot sizes. His second point was in regard to Rossman and the comments that it was a "feeder" route. Mr. Lawson said he could not help but think the completion of Channing Drive would alleviate traffic, assuming Rossman has a congestion problem. He said Channing Drive is a major road which will run from Valley Mill to points east, all the way to Route 50. He added that Channing Drive was one of the major tenets of the rezoning and they are submitting that it will be completed not only by proffer, but by a time line. Lastly, in response to comments regarding precedence or reduction of property values, Mr. Lawson said that when the Fn -Steep L -act came _forward, a MDP amendment was also proposed for the Twin Lakes project, a Toll Brothers section of the development. Mr. Lawson said the MDP amendment had proposed the addition of multiplex and single-family small lots, with lot sizes by -right to 3,750 square feet; he said they were proposing a minimum of 6,000 square feet for Sovereign Village. Mr. Lawson said he has not heard any comments about how that change had degraded the value of the neighborhood or done anything negative in any way. He added that the Planning Commission and the Board of Supe, -visors approved a MDP that allowed for that revision. Mr. Lawson asked the Commission for a recommendation of approval and asked that this request be forwarded to the Board of Supervisors. Commissioner Ours said he found the term, "multiplex," to be somewhat nebulous and asked Mr. Lawson if he could provide some enlightenment as to what multiplex is intended to mean in this development. Mr. Lawson referred to the slide previously shown by Ms. Perkins which showed a diagram and provided a definition of multiplex from the ordinance. Mr. Lawson said they did not have a picture of a proposed unit available at this point in the process; in addition, they would be hesitant to provide one and then later be held accountable to that representation. He stated that secondly, he was not aware of this being done at a MDP stage, nor was it a requirement of the ordinance. Commissioner Oates stated that many of the citizens' comments referred to verbal or written contracts that were breached, the covenants of the development, possible stoppage, and whether home values would be affected. Commissioner Oates said issues of this nature can not be addressed by the Planning Commission; he said those types of issues are addressed at the Courthouse. He said the Commission must review a plan based on County ordinances and the ordinance does specify that the MDP must be harmonious with the surrounding area. Commissioner Oates believed that Channing Drive was going to be built, whether by this project or another one; he said he was not inclined to vote for this simply for Channing Drive. He said that after listening to all of the comments, it is clear the revised MDP is not harmonious. Commissioner Oates said there is currently an approved MDP for this project that everyone seems to be happy with and the Commission is not holding up the applicant from proceeding. Other Commissioners agreed, adding that the residents purchased their homes under an approved MDP with an expectation that things would continue along the same lines. Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2035 -12- A motion to recommend denial was made by Commissioner Kerr and seconded by Commissioner Mohn. The motion was unanimously passed. BE IT RESOLVED, THAT the Frederick County Planning Commission does hereby unanimously recommend denial of Master Development Plan #01-07 for revisions to Sovereign Village, submitted by Greenway Engineering, for 216 single-family urban detached units, 42 single-family detached zero lot line units, 62 multiplex units, and commercial use along Senseny Road (Rt. 657). (Note: Commissioners Watt and Thomas were absent from the meeting.) A motion was made by Commissioner Ours, seconded by Commissioner Morris, and unanimously passed to include the photographs, provided by Ms. Esler, as a part of the official record forwarded to the Board of Supervisors. This motion was seconded by Commissioner Morris and unanimously passed. ADJOURNMENT There being no further business to discuss, the meeting adjourned at 8:55 p.m. by a unanimous vote. Respectfully submitted, June M. Wilmot, Chairman Eric R. Lawrence, Secretary Frederick County Planning Commission Draft Minutes of April 18, 2007 Page 2036 cK = co o� CONDITIONAL USE PERMIT #04-07 EDISON GOMEZ Staff Report for the Planning Commission Prepared: May 15, 2007 Staff Contact: Lauren E. Krempa, Planning Technician This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this request. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission: 06/06/07 Pending Board of Supervisors: 06/27/07 Pending LOCATION: This subject property is located at 2608 Double Church Road (Route 641). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 93-4-3 PROPERTY ZONING & PRESENT USE: ADJOINING PROPERTY ZONING & USE: North: Residential South: Residential East: Residential West: Agricultural/Residential PROPOSED USE: Public garage with bodywork REVIEW EVALUATIONS: Zoned: RA (Rural Areas) Land Use: Residential Land Use: RA (Rural Areas) Land Use: RA (Rural Areas) Land Use: RA (Rural Areas) Land Use: RA (Rural Areas) Virginia Dept. of Transportation: The application for a Conditional Use Permit for this property appears to have a measurable impact on Route 277, the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use. However, should use ever expand in the future, the entrance may have to be upgraded to VDOT commercial standards. CUP 904-07, Edison Gomez May 15, 2007 Page 2 Fire Marshal: Plan approval recommended. Inspections Department: The existing building to be utilized shall comply with The Virginia Uniform Statewide Building Code and Sections 311, use group S (Storage) of the International Building Code/2003. Other Code that applies is CABO Al 17.1-03 Usable and Accessible Buildings and Facilities. Please submit a floor plan of the areas and apply for a change of use building permit. Permit shall be issued and final inspection approval granted with a new certificate of occupancy issued prior to operation of the business. Please note, BOCA Section 1110.2.1 exception # 1 (ADA 20% rule) shall apply for renovations or additions for accessibility. Restroom shall be within travel distance of The International Plumbing Code/2003. (500' or less preferred) Frederick County Sanitation Authority: We do not serve this site. Winchester -Frederick County Health Department: Health Department does not have drain field records on file for subject property. Bathrooms cannot be accessible to the public. No outside employees allowed. No one may work at the home garage other than current residents of the house located at 2610. The number of residents may not exceed two persons per bedroom. Plannin2 & Zoning: Public garages with auto body repair are permitted in the RA (Rural Areas) Zoning District with an approved conditional use permit, 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. There will be no vehicle sales, nor unrelated repair sales, allowed with this permit. The applicant constructed a three bay garage prior to this application for the purpose of an automobile repair facility but was informed by Staff that an automobile repair business required an approved Conditional Use Permit before a business license could be issued. The applicant has agreed that all vehicles will be stored inside the existing garage, thereby limiting the view of inoperable vehicles from adjoining properties. It is a requirement of the Frederick County Zoning Ordinance within Section 165-47 that a RA (Rural Areas) Zoning District property is allowed up to five (5) inoperable motor vehicles, if they are properly screened. In accordance with Section 165-51V, all repair work shall take place entirely within an enclosed structure. Also within this provision, storage of parts and equipment shall be stored inside the existing garage building or behind an enclosed opaque screen. The applicant intends to store all parts, vehicles, and equipment inside the existing garage. CUP #04-07, Edison Gomez May 15, 2007 Page 3 STAFF CONCLUSIONS FOR THE 06/06/07 PLANNING COMMISSION MEETING: Should the Planning Commission find this use appropriate, Staff would recommend the following conditions: 1. 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. 3. All vehicles awaiting repair will be shielded from view of all adjoining properties. 4. 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. 7. This repair business is not permitted any employees other than current residents of the property. 8. Any expansion or change of use shall require a new Conditional Use Permit. Following the requisite public hearing, it would be appropriate for the Planning Commission to offer a recommendation concerning this application to the Board of Supervisors. 7 i i PfrA�7Y GOMEZ, 93 4 3 VANCE J & SARA C J - ♦- Q 4� .. Of ..•. 04� 'S 56UTH£9N "ILL O i { .. \... k S 93 3 4A �A NEFF, JOHN WAYNE '�.., �� -'-- ._._. ' 4rQh3kv m Q Qom t P� BAKOS,JpMESSJR&USA _ B4&4fG4N4DN94 93 A 68 ,,POE, JOHN D.& BARBARAA. -A000' i ;- t PfrA�7Y GOMEZ, 93 4 3 VANCE J & SARA C J - ♦- ..•. 04� 'S .. \... k S , '�.., �� -'-- ._._. ♦ ,,. ."� F' ..-' i 93. A 67 A C j " ND POE, J�OH S BARBARAANN 93 4,41 FTR .j ]DOINGS, ALICE S n i - ' " 93 A 56 �A, IDQiNGS,ALICE S '' - __ .•-` •` 93 A 65C KENNEY, JOHN R JR 8 CHERYL R i 4a 93 A 63 GREENE, MARGARET L. '\ h t00lNGS, ;'LICE S. tnHNRJRS,CNERY�� Frederick County, VA Conditional Use CUP #04-07 Pennit Application Location in the County Map Features 0 Hamlets •!, Future Rt37 Bypass Q Application Airport f Lakes/Ponds Streams Streets Primary �. Secondary '�- Terciary ,1 Urban Development Area SWSA Topography (5' interval) Edison Gomez Parcel ID: 93-4-3 Nineveh L-ocation in Surrounding Area w* ,CR Cp 0 1Z5 2250 'pll heat J ,� m Case Planner:Lauren Neap Document: (N:\Planning And_Qevelopment\ 1_Locator_MPS\EdisonGomez_CUP0407_051407.mxd) 5/15/2007 -- 1:36:41 PM CUP#* - 07 Edi.sa �-O�mez MW AerioVlap Map Document: (N:tPlannina And DPw4nnmPnft 1 I ,,,-ter nn c ,: Frederick County, VA Conditional Use CUP #04-07 Permit Application Edison Gomez i tf,SA,� Parcel ID: 93-4-3 Location in the County Map Features O Hamlets 4!• Future Rt37 Bypass Q Application U Airport 0 Lakes/Ponds ^-- Streams Streets -- Primary ^. Secondary — Tertiary Qf Urban Development Area O%F SWSA Rid wa Nineveh Location in Surrounding Area �cx co �r 0 125 250 a Case Plannerlauren —.-- ---- 11-1 .nrxuj Jr IUIZUU! ---L:Sb:471 I -M Submittal Deadline P/C Meeting BOS Meeting f APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: ADDRESS: TELEPHONE r--,e-11i 6*7.1- � z- >/) --� �' � 2. Please list all owners, occupants, or parties in interest of the property: 3. The property is located at: (please give exact directions and include the route number of your road or street) 4. The property has a road frontage of (,S U feet and a depth of 17z,/V feet and consists of J acres. (Please be exact) 5. The property is owned by - as evidenced by deed from recorded (previous owner) in deed book no. on page , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. W Tax(Parcel)Identification Magisterial District Current Zoning 41-1 7. Adjoining Property: USE North yid East L/, P West M AY 8 2007 /L17 ZONING S. 9. The type of use proposed is (consult with the Planning Dept. bef,947e completing) It is proposed constructed: following buildings will be 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME f " 46. k1i ADDRESS PROPERTY ID# NAME ��� 41, c'1 ADDRESS PROPERTY ID# NAME /V r ADDRESS PROPERTY ID# NAME I --ADDRESS - PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# NAME PROPERTY ID# ADDRESS ADDRESS ADDRESS NAME ADDRESS PROPERTY ID# rau-w' C4. 2 5i`/ LAO,,, ,6 l4 k 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. 70 5� t+r IL 2I A'. . ' N6g /r - LOT 5-A ��"• . 5.1408 ACRES 4-,`�,. `0614*t A le 1. 200 ft or LR it S21'i8'14'E 58.26' 2a.»t1tA Usaita:danbd t L atss'zg'Sa-c S�� or sa'LRL 0 9r C_ n' aL;s l 13' R592.96' C) '• I- -z>�% e�R 4 ',L154.60' n S61*32'4TW 1 p r®R592.96' �m C i 70.53' i �f,N i v E, 520'37-31rE it (' � 144.44• 1 w4 = stt_� 33'S3'W t'it` S7Ss �� � 209.35'w O .719-77 -�� 574 52 LS ' smago � FM) KX COU?M. SCT. toonolwnunt of ProImed to an an tft and with eartAmte d aduw.%dvrwni v -'"Tod b -mr t Ta d k-Pos by s.c. 5as4.t o A and Stss4 he» bun Odd. Q U=C. b 4 CLEF* NOTES 1: No Title PeF,tt Fumislu-t Z This PPIN-P��/2 is identified on Frederic! County Tax Assessmait Yap es PIN -93-A3 PIN -93-A-5 3. 15,649 S¢ FL of Existing Lo'. 2 of tM Leon St va ider Sut.SW4 n beirq added to casting Lot 3=r, at the Leon Strnsnider Subdn:sian to • o new tot designated on this plat as Lot 3-e. 15.649 4 FL of Emoting Lot 5, a the Leon Stru der Sabdnisioa b b.i�q added to casting tot 2, of the Leon Strosrcder Subdr.isian creati 17*9 nes lots designated on this Plot-= tat 2-A and Lot 5-A. 4 The properly shown or this plat is locate! 'n Zone 'C. os shown ot1 od Rm Floinsurnncs testa flap. Community -Panel Number 510403 0200 8, effective date of July 17. 197L 5. The origin. cion Of the e 0.8.616. P.474..474. Leon tr St -idet $ubdniaioe i, teeorde, 6. A plot shoring orig:nai Lot 3A and Lot 4& of a lloundary Line 0 �tT+a+t Betkeen the Land of Leon W Strosnider recorded in C; DA789. P.366. 03 r iTl. • FINAL PLAT OF A BOUNDARY UNE ADJUSTMENT BETWEEN THE LAND OF LEON W. STROSDNIDER, ET UX AN VANCE J. GOMEZ, .ET UX ORIGINAL LOTS 2. 3A AND 5 . OF THE SUBDIVISION OF - LEON W. STROSNIDER NOW DESIGNATED AS LOTS 2A. 3B, AND 5A „, LEON W. STROSNIDER SUBDMSION al OPEQUON DISTRICT FREDERICK COUNTY. VIRGINIA SCALE:1'=200' JANUARY 30, 1995 RITCHIE SURVEYS STEPHENS CITY, VIRGINIA SHM 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. TO BE COMPLETED BY ZONING ADMINISTRATOR: RENEWAL DATE: REZONING APPLICATION 405-07 ADMIRAL BYRD CENTER Staff Report for the Planning Commission Prepared: May 21, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 06/06/07 Board of Supervisors: 06/27/07 Action Pending Pending PROPOSAL: To rezone 11.4 acres from M1 (Light Industrial) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the south side of Airport Road (Route 645) directly across from the Winchester Regional Airport terminal building. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 60 -A -40I PROPERTY ZONING: Ml (Light Industrial) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: M1 (Light Industrial) District South: MI (Light Industrial) District East: M1 (Light Industrial) District West: M1 (Light Industrial) District Use: Winchester Regional Airport Use: Industrial Use: Industrial Use: Industrial PROPOSED USES: Commercial and Industrial Uses. Rezoning #05-07 — Admiral Byrd Center Page 2 May 21, 2007 REVIEW EVALUATIONS: Virginia Department of Transportation: We have completed the review of your revised TIA (revised March 28, 2007) and we concur with your TIA's conclusions Fire Marshall: No comments. Department of Inspections: No comments. Department of Public Works: We do not have any comments at this time. Frederick -Winchester Service Authority: No comments. Sanitation Authority Department: I concur with the water and sewer statement. Department of Parks & Recreation: No comment. Historic resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being located within the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Winchester ReLional Airport: The proposed rezoning request for Admiral Byrd Center to a B2 zoning would be considered compatible with airport operations except for any Day -Child Care Facilities. We respectfully request the applicant give consideration to include that type of use under prohibited uses. Allowed uses under B2 zoning should not impact business operations of the Winchester Regional Airport and any special requirements during the development phase will be stated upon review of the site plan. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Planning & Zoning: 1) Site History The property was originally part of 257 acre parcel that was rezoned from A2 (Agricultural General) to M1 (Industrial limited) on September 10, 1986 (Rezoning Application #10-86 of C. Douglas Adams and Fern L. Adams). Rezoning #05-07 — Admiral Byrd Center Page 3 May 21, 2007 Master Development Plan 4009-87 was approved for the Airport Business Center which provided for the industrial development of the property. The subdivision of this 23 acre parcel from the parent tract, Subdivision #003-96 of Airport Business Center, Section 2, was approved on June 14, 1996. Subsequently, the Master Development Plan was revised in 1999 to incorporate the Flex Tech designation to various locations throughout the Airport Business Center. The parcel for which this rezoning is being requested is zoned M-1 with a flex tech designation. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcel comprising this rezoning application is located within the County's Sewer and Water Service Area (SWSA). The Eastern Frederick County Long Range Land Use Plan identifies the general area surrounding this property with an Industrial Land Use Designation. This is reflective of the properties office/industrial designation within the Route 50 East Corridor Plan. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. The application of quality design standards for future development is an objective of the Plan. The property is located directly across from the Winchester — Frederick Regional Airport. Therefore, this property should be considered as a gateway site and the development of the property should be of an appropriate standard and design. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location. Transportation Airport Road is identified as a major collector road. There presently exists a sufficient amount of right-of-way to achieve this ultimate typical section. The Virginia Department of Transportation recently completed the Airport Road, Route 645, relocation project which realigned and improved Airport Road in the vicinity of the Admiral Byrd Center Property and east of this site. In addition, the intersection of Airport Road, Route 645, and Victory Lane, Route 728, was improved significantly with the provision of a roundabout to effectively and safely move traffic at that location. Rezoning #05-07 — Admiral Byrd Center Page 4 May 21, 2007 Access management, entrance locations, and inter -parcel circulation and access should be a consideration in this application. In addition, Staff has suggested the implementation of corridor appearance guidelines on the major collector road. This could be done through the thoughtful design of landscaping, signage, setbacks, building location and form, building orientation and screening of loading bays and utilities etc. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains or woodlands. The approved Master Development Plan for this property addresses the development of this site, including stormwater management. 4) Potential Impacts A. Transportation Traffic Impact Analysis. The traffic impact analysis (TIA) prepared for this application assumed 220,000 square feet of a variety of commercial and general office uses and a convenience store with gas pumps. The assumptions used are consistent with the worst case analysis enabled by ordinance and proffer. Using trip generation figures from the I.T.E. Tri Generation Manual 7t" Edition, the proposed rezoning is projected to generate 6,070 average daily trips (ADT). In looking beyond the transportation improvements to the frontage of the project, the applicant considered the intersection of Airport Road, Route 645, and Route 522 and the intersection of Victory Lane, Route 728, and Route 50. The TIA indicates that Level of Service C conditions or better will be maintained on study roads and intersections with the proposed signalization of Route 522 and Airport Road, for which the Russell 150 project has proffered the construction, and the signalization of Route 50 and Victory Lane. The applicant has proffered to participate in the signalization of this intersection. Previously, other rezonings in the vicinity of this intersection have committed to participate in its signalization. Transportation Program. In addition to the participation in the signalization of the Route 50 and Victory Lane Intersection, the applicant has proffered to construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. The applicant states that walkways and sidewalks will be incorporated into the site to facilitate pedestrian movements internal and external to the property. This pedestrian circulation should be further clarified to ensure that sidewalks will be provided, at a minimum, adjacent to all of the public streets. Rezoning #05-07 — Admiral Byrd Center Page 5 May 21, 2007 B. Sewer and Water The FCSA has an eight inch sewer force main traversing the property to which the Applicants will connect. This commercial development is expected to generate a total of 37,910 gpd of wastewater which will be conveyed to the Parkins Mill Wastewater Treatment Facility. The FCSA has an eight inch water main that encircles the property. This development is expected to generate 1000 gallons/day/acre for a total of 56,850 gpd. The FCSA has stated that they have the water and sewer capacity to service this site and that they concur with the water and sewer analysis. C. Community Facilities The development of this site will have an impact on Fire and Rescue Services. However, it is recognized that commercial uses generally provide a positive impact on community facilities through the additional generation of tax revenue. This application does address the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. 5) Proffer Statement — Dated April 30, 2007 A) Generalized Development Plan The Generalized Development Plan is the tool that the applicant could use to clarify any commitments made as part of the rezoning application. The Generalized Development Plan should be general in nature but address key elements of the development of the site. In general, there may be an opportunity to revisit the GDP and provide for a design and layout which provides for an enhanced design and development. Presently, the GDP offers little detail or definition to provide guidance in the scope of the landscaping, sidewalks, signage, or building form and layout, that are proposed to exceed existing ordinance requirements. B) Land Use The Applicant has proffered a variety of construction materials which may be used in the development of this property. Such a broad range provides little clarity or guidance on the construction materials, layout, and design of the buildings that may be constructed. As stated previously, this site represents a prime economic development location. The expectation should be to promote a high quality environment and a high performing economic use that is unique to this particular location. The Applicant has also proffered limitations on the land uses allowed on the property by ensuring that no less than 60 percent of the land uses in the B2 area will be uses allowed in the M1 area. In addition, the Applicant has prohibited a variety of uses that would otherwise be permitted in the B2 Zoning District. Rezoning #05-07 — Admiral Byrd Center Page 6 May 21, 2007 The intent of the above proffer appears to be to ensure that the primary use of this property remains somewhat consistent with the Comprehensive Plan's designation of industrial and office land uses. Staff recognizes the intent of this proffered approach. However, we do not believe that the request as proposed fully promotes the Comprehensive Plan's Office and industrial designation in this location. The types of uses and the balance of uses should be evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. If it is the desire to include commercial uses on this property, they should clearly be accessory to the primary use of the property and be limited in scale. Commercial Land Use Proffer 3 j.appears to be counterproductive to the intent of this request. Staff believes that these uses should be promoted on this property rather than prohibited. Please note that one use which has not been included in the list of prohibited uses is Day Care facilities. The comment provided by the Winchester Regional Airport specifically addresses this use on the property. C) Transportation The Application proffers the participation in the signalization of the Route 50 and Victory Lane Intersection and the construction of the remaining portions of the ultimate typical section for Airport Road which will generally consist of an additional lane on the south side of Airport Road adjacent to the property. D) Community Facilities This application addresses the impacts to Fire and Rescue services by providing a monetary contribution in an amount of $5,000. STAFF CONCLUSIONS FOR 06/06/07 PLANNING COMMISSION MEETING: The Eastern Frederick County Long Range Land Use Plan and Route 50 East Corridor Plan identify the general area surrounding this property with an office/industrial land use designation. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. Currently, the zoning of the property is consistent with the Frederick County Comprehensive Policy Plan. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. Followinz the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. h h RESTON 15USt ESQ ;v / \ CgRpFRs `A<<F D &DRYERS VALLEY TOW ER \\ \ \ MFNT<4C ••••r, \ i • \ A •♦ l £GA 5 $C ER \ 64 A 79 WINCHESTER REGIONAL ti WIiJLt165TER REGIONAL AIRPORT Q Zg 9�0 91 ,\ \ c � 9P! AIRPORT BUSINESS LENTER {� 64 A 40E KOHL'S DEPT STORES, INC Map Document: (N:\Planning_And_ Develoament\ 1 Locator Mnc\Arimi—]Pt...Ar`--4 .oc�ncn� l i�uciiVtt l.,Ul 11LY, VA Rezoning REZ # 05 - 07 Application Admiral Byrd Center Parcel ID: 64 -A -40I Location in the County Map Features O Hamlets ® Application C:J Airport Lakes/Ponds Streams Streets Primary �•. Secondary — Tertiary •%, Future Rt37 Bypass %* Urban Development Area SWSA Greesiarood W-ncfiaalar v.gma .... • a b. 1 `cK CpG U 250 500 a Case Planner: Mike - -- ---- -----.,. .., .,,,n.a/ .. r.-1 -- o.-4 L.zo rlvi ' o Quigley Ct?� v o c i r ,cc ture:Way �v Wooi1irindston , e C , hA TeWstwO D Sou�Tv1EW FE Vine ti41 40 3 Ln ? R ME IGHTS 64 A 36FARM, LLC SMITH, MARK D PiNEHilI i Map Document: (N:\Planning_And_ Develoament\ 1 Locator Mnc\Arimi—]Pt...Ar`--4 .oc�ncn� l i�uciiVtt l.,Ul 11LY, VA Rezoning REZ # 05 - 07 Application Admiral Byrd Center Parcel ID: 64 -A -40I Location in the County Map Features O Hamlets ® Application C:J Airport Lakes/Ponds Streams Streets Primary �•. Secondary — Tertiary •%, Future Rt37 Bypass %* Urban Development Area SWSA Greesiarood W-ncfiaalar v.gma .... • a b. 1 `cK CpG U 250 500 a Case Planner: Mike - -- ---- -----.,. .., .,,,n.a/ .. r.-1 -- o.-4 L.zo rlvi Frederick Admiral Byrd Location in the County Map Features O Hamlets 0 Application C Airport tri Lakes/Ponds Streams Streets ti Primary Secondary '�- Terciary 4%+ Future Rt37 Bypass ,f Urban Development Area SWSA Location in Surrounding Area Map Document: (N:\Pianning_And_Development5 1_Locator_MpsWdmiralByrdCenterREZ0507_050707.mxd) 5/7/2007 -- 3:41:23 PM miri C Map Document: (NAPlanning_And_ Development\ 1 Lorntnr Mnc\Arlmi—lR —1,1—f—mm n Frederick County, VA Rezoning REZ # 05 - 07 Application Admiral Byrd Center f Parcel ID: 64 -A -40I Location in the county Map Features O Hamlets Zoning Application BI (Business, Neighborhood District) O Airport B2 (Business, General District) Lakes/Ponds *w B3 (Business, Industrial Transition District) ^— Streams 4w EM (Extractive Manufacturing District) Streets !► HE (Higher Education District) '�.. Primary ® M1 (Industrial, Light District) +L Secondary M2 (Industrial, General District) '�- Terciary • MH1 (Mobil. Home Community District) 4♦+ Future Rt37 Bypass 0 MS (Medical Support District) tf Urban Development Area - R4 (Residential, Planned Community District) 410' SWSA *W R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Green\aood Wm�heslrr w gmv � ♦I l / Location in Surrounding Area 0 250 500 1.Upeet O �� a bit Case Planner: Mike p - -- --- ----- _ �� / w I wVf -- 0.4 I.ZO YIVI REZ #+ - 47 "� Viand M ap- - April 30, 2007 Admiral Byrd Center Proffer Statement - REZONING: RZ# PROPERTY_ 11.4 Acres+/- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64 -A -40I RECORD OWNER: APPLICANT PROJECT NAME ORIGINAL PROFFER DATE: REVISION DATES: Preliminary Matters Michael J. Bermel Admiral Byrd Center Rezoning Michael J. Bermel (hereinafter referred to as Applicant) Admiral Byrd Center April 30, 2007 Pursuant to Section 15.2-2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") with respect to conditional zoning, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64 -A -40I, identified on the attached Zoning Plat Map prepared Page I of 5 April 30, 2007 Admiral Byrd Center Rezoning by Urban Engineering dated November 200.5, containing 23.5+/- acres for which rezoning has been requested for 11.4+/- acres (the Property) on behalf of himself and his successors in interest, does hereby voluntarily proffer that in the event that if 11.4 +/- acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B-2 Business — General District, development of the property shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Property are hereby declared null and void and shall have no force and effect upon the development of the Property at such time as the County approves this zoning map amendment petition, except that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no bonding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the property. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter along Airport Road, Page 2 of 5 April 30 2007 Admiral Byrd Center Rezoning 2. Victory Drive — Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic signalization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Commercial Land Use 1. The Applicant hereby proffers to utilize similar construction materials and similar development themes for all commercial development within the Admiral Byrd Center. The principal construction materials shall be limited to brick, architectural block or stone, dryvit or other simulated stucco, wood, glass, standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets. 2. The applicant hereby proffers to that no less than 60% of the land uses in the B-2 area will be uses allowed in the M-1 area. 3. The applicant hereby proffers to prohibit the following land uses within the B-2 area of the property: a. Drive -In Theater b. Supermarkets c. Exterior boarding kennels d. Electric, gas and other utility transmission and distribution facilities e. Golf driving ranges and miniature golf courses f. Electrical supplies (wholesale) g. Hardware, plumbing and heating equipment (wholesale) h. Commercial outdoor batting cages i. Adult retail Page 3 of 5 April 30, 2007 Admiral Byrd Center Rezoning j. All land uses within the B-3, Industrial Transition District, and M -I . Light Industrial District, that are not otherwise permitted in the B-2, Business General District land use. k. Churches 1. Funeral homes m. Retail nurseries n. Paint stores Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specifically Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. General Development Plan Should the Board of Supervisors of Frederick County, Virginia approve this rezoning application, development of the subject property shall be done in conformity with the attached voluntarily proffered Generalized Development Plan including the following provisions: 1. No more than three access points will be made to public streets to access the B-2 area. 2. Enhanced landscaping will be provided along Airport Road, exceeding the requirements of the zoning ordinance, to improve the corridor appearance. 3. Walkways/sidewalks will be provided on the site to facilitate pedestrian movements internal to the property. Provisions for future extensions to points outside off the property will be made. Signatures Page 4 of 5 _dish-'' Bwd!"enke Ra.a_=yang SiertU_res The conditions pA'o ered above shall e �Aradi g i�pan he the rs, er:.�..� TiAto s, o��lllff&AnisIff, tors, assigns and successors i I t e inte:restof the Applicant and Owner. rn he ^rent he FredeAick County }loads of SupeA-visors grants this pezon ii ng wAs. accqks the conditions, the proffered condillo ns shai apply to land rezoned in addition i°o other requirements set for'& in he FLedefick Country Ceide. Respec6ulliy Submitted, By: �, � =—1 � ,• � �' , Michael J. B6Hn el State of Virg rails CHY/County of '-ate.- L 'f To Wit: A The fiA-egoing insh7ument ,:eras ackmow ledged before Arne this -' day Of My Co-nninussion expires Pane 5 of 5 NotFAY Publl'C ... - . -.ye . . . n —.— u— MI wa z O 768 Admiral Byrd Center Rezoning Application F,nederick County, Virginia Shawnee Magas e ial District Tax Map Pareef 64-((A))-401 1.4 Acres (To Be Rezoned) Total Site Amu 23.5049 Acres Aprf 30, 2007 Owner: Michael J. Bermiel 10550 Marbury Road Oakton, VA 22124 Contact Person: Tim Stowe Stowe Engineering, PLC 220 Serviceberry Court Stephens City, VA 22655 540-336-0656 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Zoning Amendment Number_ PC Hearing Date Fee Amount Paid $ Date Received BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Stowe Engineering, PLC Telephone: (540) 336-0656 Address: 220 Serviceberry Court Stephens City, VA 22655 2. Property Owner (if different than above) Name: Michael J. Bermel Telephone: (703) 255-3339 Address: 10550 Marbury Road Oakton, VA 22124 �- 3. Contact person if other than above Name: Telephone: 3. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. - Please list below aii owners or parties in interest of the land to be rezoned: chael J. Bermel 6. A) Current Use of the Property: vacant B) Proposed Use of the Property: Adm. Byrd Center — business center 7. Adjoining Property: PARCEL ID NUMBER 64 -A -40J 64 -A -40E 64-A-400 64 -A -40N 64 -A -40M 64 -A -40K 64 -A -40A 64 -A -40B USE vacant _ warehouse office/warehouse office/warehouse vacant office/warehouse vacant airport ZONING M-1 M-1 M-1 M-1 M-1 M-1 B-2 M-1 8. Location: The property is Iocated at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): The property is located on the south side of Airport Road (Rte 645) directly _ across the street from the Winchester Regional Airport terminal building The property is encircled by Admiral Byrd Drive 9. The following information should be provided according to the type of rezoning proposed Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: 158,000 Service Station, Retail: 65,000 Manufacturing: Restaurant: Warehouse: Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): Date: S 2 D7 Date: Date: 3 (� Date: Adjoining Property Owners Rezoning 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 information 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 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. [Name and Property Identification Number Address Name Sears -Smith Partnership c/o Urban Engineering & Associates 7712 Little River Turnpike Annandale, VA 22003 Property # 64 -A -40I Name Kohl's Department Stores, Inc. N56W 17000 Ridgewood Dr Menomonee Falls, WI 53051 Property # 64 -A -40E Name Airport Business Parc Building D, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64-A-400 Name Airport Business Parc Building, LLC 4264Q Entre Court Chantilly, VA 20151 Property 964 -A -40N Name Airport Business Park, LLC 4264Q Entre Court Chantilly, VA 20151 Property #64 -A -40M Name Airport Business Park, LLC 4264Q Entre Court Chantilly, VA 20151 Property # 64 -A -40K Name Adams, Douglas and Patricia 303 S. Loudoun Street Winchester, VA 22601 Property 464 -A -40A Name Winchester Regional Airport 491 Airport Road Winchester, VA 22602 Property # 64 -A -40B Name _ t Impact Analysis Statement Admiral Byrd Center Frederick County, Virginia Shawnee Magisterial District Tax Map Parcel 64-((A))-401 11.4 Acres (To Be Rezoned) Total Site Area 23.5049 Acres April 30, 2007 Owner: Michael J. Bermel 10550 Marbury Road Oakton, VA 22124 Prepared By: Stowe Engineering, PLC 220 Serviceberry Court Stephens City, VA 22655 Contact Person: Tim Stowe 540-336-0656 April 30, 2007 Introduction Admiral Byrd Center The purpose of this Impact Analysis Statement is to assess the impacts that may result from the proffered rezoning of a portion of the 23.50 +/- acres, tax parcel 64 ((A)) 401, owned by Michael J. Bermel. The applicant is petitioning the Frederick County Board of Supervisors to rezone 11.4+/- acres of the tract from its current zoning of M-1 (Light Industrial District) to B-2 (Business -General District). This rezoning is being requested to allow the development of the Admiral Byrd Center, a project that will provide convenient support services to employees and visitors of the Winchester Regional Airport and other businesses in the airport area. This site is located within the county's Sewer and Water Service Area (SWSA) and within the approved Airport Business Center Master Development Plan. Benefits of Rezoning Approval By approving the requested rezoning, Fredrick County will recognize the following benefits: Measures aimed at supporting Frederick County's economic development efforts by creating a positive first impression to visitors arriving at the Winchester Regional Airport. These measures include enhanced landscaping areas along Airport Road and high standards on the architectural building materials that will be used. 2. The project will help the regions economic development activities by making a positive first impression for business travelers. 3. The developer of Admiral Byrd Center is aware of the county's limited supply of land zoned M-1, light Industrial. Therefore a limit has been placed on the uses in this rezoning area so that at least 60% of the uses will be those allowed in both M- 1 and B-2. 4. Convenient support services will be developed to serve the airport, its surrounding businesses, and visitors, thereby reducing the vehicular trips to service destinations outside of the airport community area. Stowe Engineering, PLC Page 2 - - IiEDEA1CK COUNTY DA7E PANNING DEPARTMENT - _ \` � .. ---—____�_ .'J, -i1,` ��. - - �.. -<✓• �1� d DEP _ - -- '.: ` `,i7(`• C �� EXiSTtNG- ZONING: A-4-2 -FREDERICK COUNTY E C DAT IN V/NTNG 1 N.iAll': `:ION - 0. L4J •-,•• - - - V. 7 _• ri .. • t h. Y 11x1 OI IILA DUNIY !'AlE A t j` A Ain `�r•` �. � ryI TREE BUFFER REM RPO -, .r ^,I1 -F ryi`'^-r,,,u•; -� - L (Proposed Airport Ter- T'"7�5- Project Hope _ tot6511DN _y Existing -. — TRANSITIONAL I . ,111 s - — FF10E '1���o^o.o �to'� sl, -1 - �- _ F O EO T I: - PAOP R sa I J NOTE: / + so 1UFFcA / i rl PHASE 1 �/ i�oFaiLAG AEt, -\ OR TYPICAL ROAD & UTILITY -,E qq rTHC=PGYJfEf.TlOtl YoSEE ATTACHED SECTION. u,T 14 _�\a _�a-�� f1t,r �4-s i� wDuwUA coraPUn 4 \ JY, .......... E P ANSMISSION LINE , F� / "f CXIS?TIK M -I 6"T \ _ f`- \ . .-^,� '` \ ,\ ! Y (,� • -' I -}� 24PAVEr..EN LIGHT year _ ..-1' / fV '\' s j O 1D i IND STRITe AE 1 1 Lpn s '• _. , ��s� / .`,� / i /I a _. x Y PiiUPOSED SIGN --- °�/a- •,\ ,$r I 1' .1 ./" '9J � - / _// '�_. ` 0' \ f fl ;s1 Y _,- �.;� t. - s' l - •:/ f,, f/ ' r t om-Y . � , fid,* PROPOSED SIGN -- . - - - _ TE. -'` - - - -- r 17V NPl RE' HYDAAi' = RTE. 522 UPGRADE PROJECT � O - _ „�� 'TO BE ADJUSTED-�TO MEETOAD1t1JSNC i (UY VHD-& TT 4 c;, _ - _ _ - Lift E!]UIfiEMElI$-A7 SLTiP,lJ2N 'A,BPRO /f, '�t. -tr ��. Y'j,r� '�?� � � V:1 - /� ���1�V"^..��+., - - � P4t111i - � .. \1 . � �/ � •S` i . PI3, • L�� :a�l3ra `=a1'iv � � r� J� ��,� F -^�-_. _ � �' S i - � A7 N a&22'13"- � 1 / rk SrjlrM? � .S •, �.f ` �: �.. 1_.�6T-.75 _ 1• T G- - 23 =1�1 OFFER /' 1 -. •,� .' --;EXISTING ZONING_ RP ale, QR@ I gRAp `._-_ 4 -\ .. . ' 1 •l1 ,tin 1 ,.( 344.7 � /�✓ -.r-",�� � _ - _ � • ��', 1 1^:dicales EverzJrsen ,SreenirY ��� •\ °• `"`- - _ f/ � J � i f . indicates Zoning Line a :' yr• o O _ N344- 1 �u ' •.:,.. "_ - "\S '--T----- _ v� /1' - ...e....._ .(,ales Prase Line aq.^` - __r,.,.+ -•+,°,TI , 1 ' , i i n cater 'J,�r.12 d-:: _:3hL we:G� \ t \ _ ---- o ✓, - r e - sdY 1 indicates Proposed Bldg. Location iT,,��_-- - •.:'� .. •r ,s rwl - - -� d� \ `N 22M+13r'_ _ l7al MM1r�TJ �".• r SMP indicates Proposed \ •�4�f1EI�T 4 P Storm M na � � .. tr - • a g.,men[ Pond N a3 za W Yrc r✓rrrA� -roP. a-sN !-'!-+ in Proposed Sanitary Sewer Lane :J; / IT_ " DOO TYPICALROANDub& L 0-0-0 indicates Existing Sanitary Sewer Line L, I _ - - ` _-. C°_ -Indicates -Huffer Area ` - — - EXIS.TIN6 ZONING:. RR / u5 2W LCFT TURN LANE _ _ ,W' FULL I; ♦'TAPER :1 - - - J 1 ��I �r I 3?, } is IV � _ ,f P'• t -----V , • �11 -- 1 - ur eg d_ential) A r 12 _ r- -_ . _ - _..- ' _ j \ `� , \ ;_'• - 50, -- - ..1- ENVIRONMENTATOTAL SREQUIREMENTS 215 ' J sy. - ^✓ -� - - f ACRES DISTUflRED 'os, •' -' �`� - ----I? r .mH a v d F�>"r_ 2� RC,AD IPiaRGv fI;lEjvT, ib VOH_81 Ti ;i FLLODPLAINS y5 ° --- -- - -- _ _ - -- - - - LAKES & PONDS • _ I. Scale:7 •-�li- WETLANDS �F -- i io ndicales Existing Force Ma- q �--,, v NATURAL STORMWATCR - 0 TIN ZO IN: -•Y STEEP SLOPES q a A REVISIONS WOODLANDS 149 20 •-- a. /\,/'�---� " • job no: - ZONED M-1 261.134 Ac- , . 0626 Ac = 265.76D -Ac ZONED D- 45.143 Ac. - 45.143 Ac- Dy a AIRPORT BUSINESS CI �r� +4 no. dale d�SC:ptlon UY ckd. da'. ZONED 8-2• r 17.633 Ac. - 17-63*-Ao- __ - Jo-. 1987 ZONED A-2 21-111 Ac. 21.111 Ac. r F%n/� .9 •: oEJ _5.5.1 :%' =.-v Y - - April 30, 2007 Admiral Byrd Center Parcel Information Location: South side of Airport Road directly across Airport Road from the Winchester Regional Airport terminal building. Magisterial District: Shawnee District Property ID Number: 64 -A-40I Current Zoning: M-1 Light Industrial Current Use: Unimproved Proposed Zoning: B-2 Business, General District on 11.4 acres of 23.50 acres Proposed Use: Commercial (Retail service and Office) Total Rezoning Area: 11.4 acres Approved MDP: Airport Business Center Stowe Engineering, PLC Page 3 April 30, 2007 Comprehensive Plan Admiral Byrd Center The Frederick County Board of Supervisors adopted the 2003 Comprehensive Policy Plan on January 8, 2004. The Eastern Frederick County Long Range Land Use Plan contained in that document shows the subject site with an industrial land use designation. A significant portion of the plan is dedicated to future land uses in three primary business corridors. The subject parcel is located in the Route 50 East Business Corridor and is shown on the Route 50 East Future Land Use and Present Zoning Map as being surrounded by areas of proposed office/industrial and proposed business/office land uses. The subject parcel also lies within the designated Airport Support Area, an area where business and industrial uses are slated to be the primary uses. Issues of stormwater management, transportation, landscaping and signage have been identified as key elements of development in the Route 50 East Business Corridor. The applicant has proffered conditions that demonstrate the property will be developed in a fashion that addresses these and other items, and is in conformance with the Comprehensive Policy Plan. Site Suitability 100 Year Flood Plains This site is located within Flood Zone "C" (Areas of Minimal Flooding) as shown on Flood Insurance Rate Map of Frederick County, Virginia, community Panel Number 510063 0115 B, Effective: July 17, 1978. Wetlands Based on US Fish and Wildlife Service's National Wetlands Inventory, there are no mapped wetlands located on this site. If needed, a more detailed review and study will be performed on the site prior to site plan development. Stowe Engineering, PLC Page 4 ti N WISchester Rq!QW k"Porl P W v Rezoning Site z 134 Ln w 4- Lr) \0 R 0 u E 53"' E A S 0 R R i ID OR Z 0 7- 'NO USE u & PRESENP-i" 7-0N';NG>, L - ---- i Z OLA P,U > V) TRAHIC C: COWNECTING R,�AD 0 rn C CORMOR BOUNDAqf URBAN DLEu kREA 41 L WrEAT MOO ow" ;va,4 la?".yu Na, tau .= uWwrox CIA PTMRM fy tIVEMN cc-jxr, IEPAATMEN-, OF PLWh'� AM DCMCPVr. 4.v rs*4 April 30, 2007 Steep slopes Admiral Byrd Center Based upon the contour mapping contained on the Frederick County, VA online mapping, there are no slopes steeper than 15% on this property. Mature Woodlands Based upon visual inspection and the US Department of Agriculture Soil Conservation Service data, there are no areas of mature woodlands on the property. Soil Types Based upon the US Department of Agriculture Soil Conservation Service data, map 42, the following soil types exist on this tract: 9B — Clearbrook channery silt loam, 2 to 7 percent 41 C — Weikert-Berks channery silt loams, 7 to 15 percent The Clearbrook channery silt loam is located throughout the majority of the property with the exception of the northeast corner where the Weikert-Berks channery silt loam is present. Wetness and depth to rock are properties that should be monitored during development. These soil properties are consistent with those developed areas in the vicinity of this property. Stowe Engineering, PLC Page 5 SOIJT--.S MAP Admiral Byrd Center Frederick County, VA Scale: P= 500' February 6, 2007 STOK'E ENGINEERING, PEC 220 Serviceberry Court Stephens City, VA 22655 540.336.0656 April 30, 2007 Surroundin Pro ernes Adjoining property zoning and present use: North. Zoned M-1, Light Industrial Zoned B-2, Business general district South: M-1 Light Industrial :Cast: M -I Light Industrial West: M-1 Light Industrial Transportation Admiral Byrd Center Use: Winchester Regional Airport Use: Pegasus Business Park Use: Vacant, general Warehouse/Office Use: Vacant Use: Warehouse The 11.4 acre Admiral Byrd Center project will front on Airport Road (Route 645) and will be accessed from a main entrance on Airport Road and two secondary entrances on Admiral Byrd Drive; one at the east end of the project and the other at the west end. Airport Road in this area is currently three lanes wide with a shoulder and ditch on the side of the subject property. A Traffic Impact Analysis Study (TIA) has been prepared for the Admiral Byrd Center by Stowe Engineering, PLC, dated March 28, 2007 (revised from October 12, 2006) which is included as a component of this Impact Analysis Statement. The TIA assumes a toial build -out of 62,000 square feet of specialty retail, 158,000 square feet of general of ice building. and a convenience store with four fueling stations. The TIA provides a Level of Service analysis for the AM and PM peak hours as well as Average Daily fraflic volumes (ADT) for existing, background, and build -out conditions for the project. The TIA studies existing intersections with Route 522 and Route 50. The TIA also looks at the capacity of the round -a -bout at the intersection of Airport Road and Victory Drive. The improvements proffered by the Russell 150 project were considered in the evaluation or the intersection of Route 522 and Airport Road, resulting in acceptable levels of Stowe Engineering, PLC Page 6 ZONING MAP STOWE ENGINEERING, PEC Admiral Byrd Center Frederick County, VA 220 Serviceberry CourtStephens City, VA 22655 Scale: l: = 500' February 6, 2007 540.336.0656 April 30, 2007 Admiral Byrd Center service. However, the intersection of Victory Drive and Millwood Pike (Route 50) reported a level of service F without a traffic signal, and a level of service C with a traffic signal. There :;re the developer has prof eyed to participate in the cost of a traffic signal at this location. Walkways/sidewalks will be incorporated into the site to facilitate pedestrian movements internal to the property with provisions for future external extensions. Sewacie Conveyance and Treatment The Admiral Byrd Center project will be designed to ensure that all structures are served by the existing public sewer system in the Airport Business Center. All wastewater flowing from the project will be conveyed to an 8" sanitary sewer line located on the property. The wastewater collection system in the vicinity of the project is owned and operated by the Frederick County Sanitation Authority. Wasterwater collected from this property will be conveyed via FCSA lines to the Parkins Mill Wastewater Treatment Plant. The plant's current hydraulic capacity is 2.0 MGD (million gallons per day). However, approvals have been given to expand the plant to 5.0 MGD with construction to be completed in 2010. The impact of this rezoning will result in a marginal increase in the wastewater flows that will be generated. The figures below represent the flows that are anticipated from this project at total build -out. Q = 0.20 GPD per net square foot Q = 0.20 X 189,500 net square feet Q = 37,910 GPD projected at total commercial build -out Note: net sq ft calculated as 85% of gross sq ft. All wastewater infrastructure will be designed to meet the standards and specifications of the Frederick County Sanitation Authority. Stowe Engineering, PLC Page 7 April 30, 2007 Water Supply Admiral Byrd Center The Admiral Byrd Center project will be designed to ensure that all structures are served by the existing public water system in the Airport Business Center. All buildings will be served from the 8" water main that encircles the property. The water system in the vicinity of the project is owned and operated by the Frederick County Sanitation Authority. Water distributed to this property will be provided via FCSA lines from the James 11 Diehl Filtration Plant currently treats 4.0 MGD with capacity to treat up to 6.0 MGD. The impact of this rezoning will result in a marginal increase in the water usage that will be consumed. The figures below represent the flows that are anticipated from this project at total build -out. Q = 300 GPD per 1,000 net square foot Q = 200 X 189,500/1,000 net square feet Q = 56,850 GPD projected at total commercial build -out Note: net sq ft calculated as 85% of gross sq ft. All water infrastructure will be designed to meet the standards and specifications of the Frederick County Sanitation Authority. Drainage The primary drainage feature for the 11.4 acre rezoning area is the existing storm drainage system that the site currently drains to. This drainage system, located along Airport Road, will convey site runoff via a natural drainage way to a regional Storm Water Management Facility, and ultimately discharged into Buffalo Lick Run. Stowe Engineering, PLC Page 8 April 30, 2007 Admiral Byrd Center Solid Waste Disposal Facilities Commercial collection of solid waste from the Admiral Byrd Center project is planned. The impact of this project to the Frederick county solid waste disposal facilities has been projected based on an annual landfill consumption rate of 5.4 cubic yards per 1000 sq ft of structural floor area for businesses (Civil Engineering Reference Manual, 6`h edition). The fr,llowing figures show the increase in average annual volume based on the planned 223,000 sq ft of gross floor area. AV = 5.4 Cu Yd per 1,000 sq. ft. AV = 5.4 Cu. Yd X 223 (1,000 sq ft) AV = 1205 Cu. Yd. at commercial build -out (= 844 tons) The Municipal Solid Waste area of the Regional Landfill has a current remaining volume of 13,100,000 cubic yards of air space. The Municipal Solid Waste area of the Regional Landfill currently receives on average 200,000 tons of solid waste per year. This project represents a 0.6% increase in the waste flow to the regional landfill. Since private haulers will be used to transport the solid waste to the landfill, a tipping fee will be received to offset the impact of this additional waste. Historic Sites and Structures According to information obtained from the National Register of Historic Places and the Virginia Division of Historic Resources websites, there are no historic sites or structures on the parcel to be rezoned or on adjacent parcels. Impact on Community Facilities Educational Facilities The Admiral Byrd Center project does not have an impact on the educational facilities since there are no housing units in the project. Stowe Engineering PLC Page 9 April 30, 2007 Police Protection Admiral Byrd Center The Admiral Byrd Center project will be provided police protection by the Frederick County Sherriff's office. While this area is currently patrolled by the Sherriff's deputies, it is recognized that additional patrols may be needed upon full build -out of this project. Fire and Rescue Protection The Admiral Byrd Center project is located about 1.5 miles from the Millwood Station Fire and Rescue Company. This proximity should allow for adequate response times. Additionally, the existing public streets around three sides of the site, and the planned access to the rear of the site, will provide emergency access to all parts of the project. The existing fire hydrants surrounding the property will provide fire flow as needed. Parks and Recreation No impact to the parks and recreation facilities is anticipated. Solid Waste Disposal As previously described, it is estimated that this project will generate 1,205 cubic yards of solid waste annually. This waste will be transferred to the Regional Landfill by private haulers, who will pay a tipping fee to offset this impact. Other Government Activities No other impacts are anticipated. Stowe Engineering, PLC Page 10 Traffic Impact Study ADMIRAL BYRD CENTER Frederick County, Virginia October 125 2006 Revised March 28, 2007 Prepared for Michael Bermel 10550 Marbury Road Oakton, VA f�. TIMOTHY S. STOWE 5 No. 21924 s"rO N AL Prepared by Stowe Engineering, PLC 220 Serviceberry Court Stephens City, VA 22655 Phone 540.336.0656 Proj 4 1024 zl,hni al /9i e. d ._"r,ir(r 1 'XeaUthre Summary Stowe Engineering has prepared this report to present the traffic impacts associated with the Admiral Byrd Center project. The project is located in Frederick County, Virginia near the Winchester Regional Airport, and involves the development of 11.4 acres into a commercial/business center. Traffic analyzes have been prepared for the 2006 existing, 2008 background, 2008 build -out and 2008 improvement scenarios. A traffic signal will be required at the intersection of Rte 50 and Victory Road to mitigate the combined impacts of traffic associated with this and other projects, and provide. The traffic impacts associated with the Admiral Byrd Center project are acceptable and manageable with the installation of a traffic signal at the intersection of Rte 50 and Victory Dr. I abie of Contents Executive Summary 1. Introduction 2. Existing Roadway Geometry 4 3. Existing Peak Hour Traffic Volumes S 4. Background Traffic Conditions 8 5. Traffic Projections for Proposed Development 11 6. Projected Trip Distribution 12 7. Peak Hour Summary of New Trips 12 9. Total Peak Hour Trips at Build -out 17 10. Summary of Problems that will be Caused 17 1 1. Recommendations to Mitigate Impacts 17 13. Conclusions 19 List of Figures Figure 1 Project Vicinity Map Figure 2 Site Location Map 2 Figure 3 Existing Zoning/Land Use Surrounding the Project 3 Figure 4 Existing ADT and AM/PM Peak Hour Traffic Volumes 6 Figure 5 Existing Lane Geometry and Levels of Service 7 Figure 6 Background ADT and AM/PM Peak Hour Traffic Volumes 9 Figure 7 Background Lane Geometry and Levels of Service 10 Figure 8 "Trip Distribution Percentages 14 Figure 9 Development Generated Trip Assignments 15 Figure i 0 Build -out ADT and AM/PM Peak Hour Traffic Volumes 18 Figure i I Build -out Lane Geometry and Levels of Service 19 Figure 12 Improvement Lane Geometry and Levels of Service 22 1. introduction The Admiral Byrd Center project is located in the Frederick County, VA directly across Airport Road from the Winchester Regional Airport. The project fronts on Airport Road (Rte 645) and involves the construction of an 11.4 acre commercial/business /retail center along with the associated internal streets, parking, utilities, and drainage systems. A project vicinity map is shown in figure 1 and a site location map is shown in figure 2. The current land use on the project site consists of open meadows. Surrounding land uses consist of the Winchester Regional Airport to the north, and a mixture of industrial and commercial developments to the east, south and west. Figure 3 shows the existing zoning/land uses surrounding the project. Page 1 PROPOSED R NZONING LINE igure 2 Site Map POINT OF BEGINNING WINCI-IFSTP-R REGIONAI- AIRPORT 64((A))79; ET AL- L L 54.98 - R==35.00 �005�a SITE L-N37'54'26"E 37.28 1 ia S37-54'26"W------:�. HuIF 30.00 g PROPOSED B2 ZONING (EXISTING M1 ZOWNG) 496,724± SQ. FT. OR 11.40321 ACRES g .9R � �� / `cam?8J c� € EXISTITONG REMAINM1 ZONING 64((A))4CJJ 'IST'N 527,14962:L SQ SQ. FF. OR 12-10169 ACRES 64( 'A) )401 LEGEND ARE" BE REZONED Figure 3 Surrou-qding Zonling Page 2 Map Legend Roads E] Parcels County 13OUnclary Zoni..V ii 1 ❑ B2 B3 r-771 Lj� UA F771 j U IIE mi ❑ M2 mH1 its E] R.4 No R5 E] RP Existing Roadway Geometry The existing roadway network in the vicinity of Admiral Byrd Center project consists primarily of Airport Road (Route 645) which is adjacent to the project. At the west end of Airport Road is Route 522, and at the east end of Airport Road is a round -a -bout that connects to Victory Drive, which terminates at US Route 50. Admiral Byrd Drive (Route 775) is adjacent to and encircles the project area. Airport Road is a three lane roadway (continuous left turn lane) with shoulders and ditches adjacent to the project and a 35 MPH speed limit. Admiral Byrd Drive is a two lane roadway with shoulders and ditches. Route 522 is a 4 lane roadway with a continuous center left turn lane with a 45 MPH speed limit while Route 50 is a 4 -lane divided highway with a 55 MPH speed limit. All intersections in the vicinity of the project area are controlled with 2 -way stop controls with the exception of the Airport Road — Route 522 intersection which is signalized. The existing round -a -bout at the east end of Airport Road provides for traffic movements through the intersection of Airport Road and Victory Drive. The round -a -bout was designed by the Winchester Regional Airport's consulting engineer, Delta Airport Consultants. According to information provided by the designer, the round -a -bout was designed based on an average &.11y - °- .ffic volume (ADT) of 8100 vehicles in the planning year 2012. The design hourly volume of traffic used in the design was 1155 with 15% trucks. Page 3 i",!it' :.i. v 3. Existing Peak Hour Traffic Volumes To identify the peak hours and day of the peak hour, 24 hour count data were obtained through machine counts at two locations on Airport Road; one count station was placed east of the proposed project location and the other was placed to the west. Traffic volume data was counted in 15 minute increments from Monday July 10, 2006 until Friday July 14, 2006. A summary of this data can be found in Appendix A. From Tuesday, July 11, 2006 through Wednesday, July 19, 2006, manual turning movement counts were collected at six intersections in the project area as shown in Figure 5. A `k' value (PM Peak hour volume divided by ADT) was computed to be 0.10. This value was applied to the PM peak turning movements to compute the ADT. The existing peak hour turning movement counts are shown in Figure 4 and the existing lane geometry and Levels of Service are shown in Figure 5. The HCS reports are contained in Appendix B. Page 4 t-A- f522 N O LL 645 IQ 17 ,�pl f >>67, ("92 J � '/iJSSJ 775 .. 728 Ho NOT TO SCALE Figure 4 Existing 2006 ADT and AM/PM Peak Hour Traffic Volumes Traffic Impact Analysis for Admiral Byrd Center October 4, 2006 Page 5 17 ,�pl .. 728 Ho NOT TO SCALE Figure 4 Existing 2006 ADT and AM/PM Peak Hour Traffic Volumes Traffic Impact Analysis for Admiral Byrd Center October 4, 2006 Page 5 I' Q signalized' ¢ ntersection tttkLOS = A(B) C(c) r AM Peak Hour(PM Peak Hour) Figure 5 Existing 2006 Lane Geometry and Level of Service NOT TO SCALE 0 Traffic Impact Analysis for Admiral Byrd Center March 28, 2007 Page 6 4. Background Traffic Conditions in Design Year In accordance with direction received from the VDOT Edinburg Residency office, the existing traffic on all roadways was grown at 5% per year to the anticipated full build -out year of 2008. Background traffic volumes for the 2008 are shown in Figure 6 and lane geometry and level of service are shown in Figure 7. These background volumes include traffic that will occur as a result of the nearby Russell 150 development project. The traffic volumes associated with that project were obtained from the Traffic Impact Analysis of the Russell Farm prepared by PHR+A, PC and dated November 1, 2004. Table 1 Trip Generation Summary for Russell 150 pro_icct AM Peak Hour PM In addition, the improvements proffered in association with the rezoning of the Russell 150 project are shown as a background condition. These improvements are described in the approved proffer statement as follows: "...The applicant shall install full intersection improvements at the Front Royal Pike (Route 522) and Airport Road Extended intersection as warranted by VDOT." The improvements shown on the Generalized Development Plan include an extension of Airport Road as shown in Figure 6. The aforementioned traffic impact study reflects a lane configuration and signalization as shown in Figure 7_ Page 7 AM Peak Hour PM Peak Hour ITE Ave. Land Use Code Amount Daily In Out Total In Out Total Trips Background Development - Russell 150 (from PHR+A TlA - Russell Farm, dated 11/1/04) Townhouse/Condo 230 294 2558 21 102 122 98 48 146 Retail (per 1000 sq ft) 820 440 17802 232 149 381 799 866 1666 Office (per 1000 sq ft) 710 264 2,817 359 49 408 64 311 374 TOTAL 23,177 612 300 911 961 1,225 2,186 10% using Airport Rd per PHR+A Traffic Analysis 2318 61 30 91 96 123 219 In addition, the improvements proffered in association with the rezoning of the Russell 150 project are shown as a background condition. These improvements are described in the approved proffer statement as follows: "...The applicant shall install full intersection improvements at the Front Royal Pike (Route 522) and Airport Road Extended intersection as warranted by VDOT." The improvements shown on the Generalized Development Plan include an extension of Airport Road as shown in Figure 6. The aforementioned traffic impact study reflects a lane configuration and signalization as shown in Figure 7_ Page 7 Note impr addi shov inter 522 are f Russ Repc proff impr< NOT TO SCALE Figure 6 2008 Background ADT and AM/PM Peak Hour Traffic Volumes 1 Traffic Impact Analysis for Admiral .Byrd Center January 12, 2007 Page 8 Note: Signalized improvements m intersection and additional Q LOS = B(C) volumes shown at ✓t the intersection of Rte 522 and r C(C) Airport Rd are from the Russell C(C) y t 150 "A Report / I r , and proffered improments. IL U AM Peak Hour(PM Peak Hour) NOT TO SCALE Figure 7 2008 Background Lane Geometry and Levels of Service imv Traffic Impact Analysis for Admiral Byrd Center March 28 2007 W age 9 5. `traffic Projections for Proposed Development Table 2 shows the trips that are forecasted to be generated by this project. Internal capture trips were computed as 15% of the trips associated with the specialty retail and general office land uses. Development of the surrounding property is expected to occur by right and within the existing M-1 zoning as was accounted for in the original Master Development Plan for the Airport Business Center dated June 1987 and revised 4/25/95. The trip generation rates shown in Table 2 were taken from the ITE Trip Generation Manual, 7th edition. Table 2 Trip Generation Summary for Admiral Byrd Center proiect AM Peak Hour PM NEW TRIPS 6,758 354 155 AM Peak Hour 157 PM Peak Hour 503 INTERNAL CAPTURE -688 Ave. -18 -66 -18 -46 -64 Land Use ITE Code Amount Daily In Out Total In Out Total Trips Specialty Retail Center Os Moor occupants - 62,000 sq ft GLA) 814 62 2,690 82 89 170 75 95 170 Convenience Market w/ gas pumps (4 fueling stations) 853 4 2,170 34 34 69 38 38 77 General Office Building r158,00f; sq ft) 710 158 1,897 238 32 270 43 212 256 NEW TRIPS 6,758 354 155 509 157 346 503 INTERNAL CAPTURE -688 -48 -18 -66 -18 -46 -64 NET NEW TRIPS 6,070 306 137 443 139 300 439 Notes: 1. Where equations existed they were used to compute trips. 2. Since data for ITE Code 814 does not exist for AM 7:00 to 9:00, the 4:00 to 6:00 values were used and in -out percentages adjusted to reflect morning traffic flows. 3. The 158,000 SQ FT of general office includes a 3000 SQ FT bank. Page 10 �m Projected Trip Distribution The method used to distribute the site traffic was based on the existing distribution of traffic on Airport Road, Route 522 and Route 50. The percentages used in this distribution are shown in Figure 8. Trafic assignments at existing intersections were made based upon the existing distributions recorded in the field counts. 7. Peak Hour Summary of New Trips The trips forecasted to be generated by this project are shown in Table 2, and their assigned distribution can be seen in Figure 9. 9® Total Peak Hour Trips at Build -out The total peak hour trips at build -out, including background trips and trips from the Russell 150 project, are shown in figure 10. The lane configurations and levels of service are shown in Figure 11. Due to the limited number of existing movements in the round -a -bout (east bound left and south bound right), an HCS analysis could not be completed. However, the peak hourly volume of raffic in the round -a -bout at full build out of this project will be 685 and the design of the round -a -bout was based on a design hourly volume of 1155. Therefore it is concluded that there is still significant capacity remaining in the round -a -bout and no further analysis has been performed. 10. Summary of Problems that will be Caused The main problem that will be caused by this development is the level of service at the intersection of Airport Road and Route 50 will be F for the northbound movements. Page 11 27% .1 25% 522 10% T� �0 645 1000 2 O o � 775 1092 50 17 728 0 �a d,. i 7% NOT TO SCALE Figure 8 Trip Distribution Percentages For Admiral Byrd Center Traffic Impact Analysis for Admiral Byrd Center October 4, 2006 Page 12 NOT TO SCALE Figure 9 Development Generated Trip Assignments LAI Traffic Impact Analysis for Admiral Byrd Center March 28, 2007 Page 13 NOT TO SCALE Figure 10 Build -out ADT and AM/PM Peak Hour Traffic Volumes Traffic Impact Analysis for Admiral Byrd Center March 28, 2007 Page 14 645 0�1 1 775 0zp 522 N N U 0 m T C O LL m intersection ! LOS = B(B) B(°) ttr m` AM Peak Hour(PM Peak Hour) `P1 '44P J J Figure 11 Build -out Lane Geometry and Levels of Service M' U NOT TO SCALE if Traffic Impact Analysis for Admiral Byrd Center March 28, 2007 Page 15 AM Peak Hour(PM Peak Hour) NOT TO SCALE Figure 12 Recommended Improvements Build -out Lane Geometry and Levels of Service Traffic Impact Analysis for Admiral Byrd Center January 12, 2007 Page 16 i...El7G£'i`.aI1�'��9�., 1'g�3flf:Y 4i. 11 W Recommendations to Mitigate Problems To mitigate the problem at the intersection of Victory Dr and Route 50, the installation of a traffic signal and pavement marking for left turn lanes on Victory Dr and at the Perry Engineering entrance are recommended. A traffic signal warrant analysis was run for the intersection of Route 50 and Victory Drive. The analysis shows the Peak Hour Volume warrant is met. This, combined with the failing level of service in the unsignalized intersection analysis, led to the recommended signal. The developer should participate in the cost of this traffic signal commensurate with the amount of traffic the proposed development contributes to the intersection. 12. usions The traffic impacts associated with the Admiral Byrd Center project are acceptable and _irixuageable. All intersections will operate at an acceptable LOS in the design year 2008. With the construction of a traffic signal and left turn lanes at the intersection of Victory Dr and Route 50, the failing level of service will be corrected. Page 17 April 30; 2007 Admiral Byrd Center Proffer Statement REZONING: RZ,# PROPERTY: 11.4 Acres+/- a portion of the total parcel Total Parcel 23.4059 Acres Tax Parcels 64 -A -40I RECORD OWNER: APPLICANT: PROJECT NAME ORIGINAL PROFFER DATE: REVISION DATES: Preliminary Matters Michael J. Bermel Admiral Byrd Center Rezoning Michael J. Bermel (hereinafter referred to as Applicant) Admiral Byrd Center April 30, 2007 Pursuant to Section 15.2-2296 et. Seq. of the Code of Virginia, (1950, as amended),(the "Code") and the provisions of the Frederick County Zoning Ordinance (the "Ordinance") witb respect to conditional zoning, Michael J. Bermel (the Applicant) as the owner of the land parcel identified as 64 -A -40I, identified on the attached Zoning Plat Map prepared Page I of 5 April X 2007 Admiral Byrd Center Rezoning by Urban Engineering dated November 2005, containing 23.5+/- acres for which rezoning has been requested for 11.4+/- acres (the Property) on behalf of himself and his successors in ,does hereby voluntarily roffer that in the event that if 11.4 i - acres of the property is rezoned by the Board of Supervisors of Frederick County, Virginia, to B-2 Business — General District, development of the property shall be in conformity with the conditions set forth in this proffer statement. These proffered conditions are the only conditions offered for this rezoning and any prior conditions applicable to the Property are hereby declared null and void and shall have no force and effect upon the development of the Property at such time as the County approves this zoning map amendment petition, except that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. IP, the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no bonding effect whatsoever. Upon approval of such rezoning, these proffers shall be binding upon applicants and their successors and assigns. Transportation Enhancements 1. Airport Road The Applicant hereby proffers to dedicated right of way for and construct the remaining portions of the ultimate typical section for Airport Road on the southern side of the roadway and adjacent to the property. These improvements will extend from the western intersection of Admiral Byrd Drive with Airport Road, to the eastern intersection of Admiral Byrd Drive with Airport Road, and will generally consist of construction of a continuous right turn lane with curb and gutter along Airport Road. Page 2 of 5 April 30. 2007 Admiral Byrd Center Rezoning 2. Victory Drive— Millwood Pike (Rte 50) intersection The Applicant hereby proffers to enter into a signalization agreement with the Virginia Department of Transportation (VDOT) for the purpose of providing traffic sig,alization at the intersection of Victory Drive and Millwood Pike (Route 50). The cost basis of this signalization agreement shall be determined by VDOT based on traffic studies prepared for projects impacting the intersection, with said traffic signal installed at such time as warranted based on studies by VDOT. Commercial Land Use 1. The Applicant hereby proffers to utilize similar construction materials and similar development themes for all commercial development within the Admiral Byrd Center. The principal construction materials shall be limited to brick, architectural block or stone, dryvit or other simulated stucco, wood, glass, standing seam metal or architectural shingles. These construction materials shall be utilized on all building walls and rooflines which face public streets. 2. The applicant hereby proffers to that no less than 60% of the land uses in the B-2 area will be uses allowed in the M-1 area. 3. The applicant hereby proffers to prohibit the following land uses within the B-2 area of the property: a. Drive -In Theater b. Supermarkets c. Exterior boarding kennels d. Electric, gas and other utility transmission and distribution facilities e. Golf driving ranges and miniature golf courses f. Electrical supplies (wholesale) g. Hardware, plumbing and heating equipment (wholesale) h. Commercial outdoor batting cages i. Adult retail Page 3 of 5 April 30, 2007 Admiral Byrd Center Rezoning All land uses within the B-3, Industrial Transition District, and M -I , Light Industrial District, that are not otherwise permitted in the B-2, Business General District land use. k. Churches 1. Funeral homes in. Retail nurseries n. Paint stores Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event this rezoning application is approved, the applicant or his legal successor, heir, or assign, will pay to the Treasurer of Frederick County, Virginia $5000.00 to offset the additional cost to Frederick County, and more specif c, Yy Frederick County Fire and Rescue. This monetary contribution shall be provided to the Frederick County Treasurer at the time of the building permit issuance for the first building in the Admiral Byrd Center project. Geoeral Development Plan Should the Board of Supervisors of Frederick County, Virginia approve this rezoning application, development of the subject property shall be done in conformity with the attached voluntarily proffered Generalized Development Plan including the following provisions: 1. No more than three access points will be made to public streets to access the B-2 area. 2. Enhanced landscaping will be provided along Airport Road, exceeding the requirements of the zoning ordinance, to improve the corridor appearance. 3. Walkways/sidewalks will be provided on the site to facilitate pedestrian movements internal to the property. Provisions for future extensions to Si nataires points outside off the property will be made. Page 4 of 5 atures lie condifitons proftered zbo-,- 2 'GE Lo. T" s at 0 F, s assigns and su.iccessomr!, A'oi Cv me livpacani and Cr, qpr,the Fi-edenid" Counfity Ebgarkis c-:`Sqo'eTvilsozs, gfan�ti ths rezo ne cor-,6.,A.ons, the proffeTed condl."tion-s 0,Na,,! apply is hnd, rezO2,,tj In ack"mon io, rxh-r �,Iends set for-ilb. in the Michaell J. BE StE,tC GfV�'T'I, ' gui-".2 C t '1o, -,re me this 20 of 01, PLIP-C 5- to STIN ..� ROV'TE 3 YIRGLM ST "I G�—OF_�fAY STg NG Su Pd r� 177, C Commercial Area � 3 } t M-1 Light Industrial Area `e I I U V) Wj �n N Z' Lo W o ,• /y� ® ro N c'M1 o �o 0NL_'71Lnn To (CSS p�i� �pU Fpy'9< A/ I PROPOSED ZONING LINE PROP ONINI L L = 54.98 R=35.00 N37*54*26"E 37.28 -L=117.98 R=430.00 S37*54*26*W 30.00 PROPOSED 82 ZONING (EXISTING Ml ZONING) 496.724± SOYT. OR 11.40321 ACRES POINT OF BEGINNING SITE ?�on-1 �br\ Ileo5 EXISTING M 1 ZONING TO REMAIN 527,149.62± SO. FT. OR 12.10169 ACRES 6% ';'61���F L Lsneer OF C:) cn Cn Q5�ui�.'71t� SPECIAL W,NTY Dl�]ED S gaiRPORT BUSINESS N THIS DEED is made as of May a , 2005, by and between EMEL as LLQ� pK aa Virginia limited liability company, as Grantor, and ACHABL 1, B_ Grantee. z WIT NES—SF TH. That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and 8 other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey, with Special Warranty, unto the Grantee all of Grantor s right, ore title and interest in and to that certain parcel of land in the County of Frederick, irg�inia, m0 �, a particularly described on Exhibit A, attached hereto and made a part hereof. uired b Grantor by ac A 3 AND BEING a portion of the property q Y 3 deed recorded in Deed Book 942, at Page 1354, among the land records of the County of Frederick, Virginia. TOGETHER WITH all buildings, fixtures, and other improvements located on said land U and all right, tale, and interest of Grantor in and to any rights, alleys, streets and ways, public and g � private, waters, easements, privileges, appurtenances and advantages belonging or appertamIng rr M thereto w TO HAVE AND TO HOLD the property hereby conveyed to the Grantee in fee > simple. �a This conveyance is made subject to easements, conditions and restrictions of record � insofar as they may lawfully affect the property. C.11 --1 WITNESS tie fo,.lowing signature anc sea?: 0 AIRPORT BUSINESS PARK, LLC, a Virginia limited! Hability company By: n Name-- 0ee—lc_ lLk ' Title: _g L-ftN A 7%24 C -- COMMONWEALTH OF VIRGINIA ) } CITY/COUNTY OF v-P►vWC-C!-1C 1, the undersigned, a Notary Public in and for the jurisdiction aforesaid, do hereby certify that Cecil Pruitt, Jr., Manager of Airport Business Park, LLC, a Virginia limited liability company, appeared before me in my jurisdiction aforesaid and acknowledged this document on its behalf, this M ,'t1111 � �+tk��i 8� day of May, 2005. ��.\�nd d!y lee— t r Notary Pu is ' My Commission Expires.���rx a H C") En EXHIBIT "A" All the following real estate, together with all rights, rights of way, privileges and appurtenances thereto belonging and subject to al easements and:.ega:.ly enforceable restrictions of record affecting such realty as follows: PARCM ONE: All of that certain tract of land d e-scrfbed as Parce, "A", Airport Business Park, containing 23.5049 acres, and described as "Beginning at a,3oint on the south side of the VA Secondary Route 645 (Airport Road) 80' right -of --way; thence S 43- 0&24 E. 6041.78 feet to a post; t mee S 46-51-36 W. 30.00 feet to a point; faence S 43- 08-24 E. 288.00 feet to a point; thence S 46-51-36 W. 80.00 feet to a point; 410.70 feet along the arc of a curve to the left, said curve having a radius of 630.00 feet, a central angle of 37-21-05, and a chord which bears S28-11-04 W. 403.46 feet to a point; 990.30 feet along the arc of a curve to the right, said curve having a radius of 370.00 feet, a central angle of 153-21-05, and a chord which bears S 86-11-04 W 720.08 feet to a point; thence N 17-08-24 W. 573.11 feet to a point; 445.24 feet along the are of a curve to the right, said curve having a radius of 320.00 feet, a central angle of 79-43-13, and a chord which bears N 22-43-12 E. 410.19 feet to a point, thence N 62-34-49 E. 244.05 feet to a point, 117.98 feet along the arc of a curve to the left, said curve having a racaus of 430.00 feet, a central angle of 15-43-13, and a chord which bears N 54-43-12 E. 117.61 feet to a point; thence N 46-51-36 E. 37.28 feet to a point, 54.98 feet along the are of a curve to the right, said curve having a radius of 35.00 feet, a central angle of 90-00-00, and a chord which bears S 88-08-24 E 49.50 feet to the point of Beginning"; AND BEING a portion of the real estate conveyed to Airport Business Park, LLC, a Virginia Limited Liability Company, by deed dated July 20, 1999, from Adams Farruly Limited 2artnership, a Virginia :,invited Partnership, said deed is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 942 at Page 1354 VIRGINIA: FREDERICK ('AUNTY, SCT. 'this jutrunt off u writing tm prodand to we on J-- at—, � 1" 13 14.4 me And wtth cettiticate of acknowledgement thereto au&xed was admitted to record T Impowd by Sac. 581.802 of s 01.�1 ,` td 58.1.801 have been paid, if amenable Clerk Feb 07 07 12-123P Dr. Michael Bermel 703-255-3333 P,I FROM F.-rs c�rox-erK -6 .nom -r „ so-.�aa,P CwV.0>—s T Om—Y. v-O�.dH�_7600004.I tUV: 1` t4 t .� .I. a ZLti1�7 H A L F Ticket #_000035+60002 VRED8RICX COUNITYDate - 2/07/2007 C. WILLIAM ORMI)OF'FF, JR Register.- Pw/BH F.O. BOX 225 Trans. #: 16378 Dept # R13200502 WINCHE.3TER VA 22604-0225 Acct# 38306 2005 REAL ESTATE rAXES Previoun 23.50 ACRES 64 A Acres: Land: 705000 Imp: BERMEL, MICHAEL 0 C/a DAB COMMFRCIAL REALTY, TNC 440 W ,l URAL EARJ y DR STE 1 O Q WINCHESTER, VA 22601-6319 401 Balance $ 2290-14 23.50 T THRU THE MQN711 2/2007 Principal Being paid $ 1.850.62 0 Penalty $ 185.06 C. WILLIAM ORNUOPF, JR Interest $ 254.46 Amount Paid $ 2290.14 *Balance Duc $ _00 Pd by DERMEL, MICnAEL J Check 6565.08 # WASCH 2134 BALANCF; .00-8 INCLUDES PENAJ T`t/Xz4'ikR2,r T THRU THE MQN711 2/2007 2006 T A'7. 'R E C E 1 P T Picket 41_00024920001 FREDERICK COUNTY Date 2/07/2001 C. WILLIAM ORNUOPF, JR Register: Bnl[/BH P.O. BOX 225 rTans. #- 16378 Dept # = R92OC601 WINCHESTER VA 22601-0225 Acct# 38306 2006 REAi.. ESTATE TAXES Previous 23.50 ACRES 64 A 302 Balance $ 2188.37 Acre: 23.50 Principal Being Paid $ 1850.63 Lard- 705000 Imp- p Penalty $ 185.06 Interest $ 152.68 BFRMEI,, MICHAEL� C/O DAB COMMERCIAL REALTY, INC Amount Paid $ 2188.37 440 W JUBAL EARLY CSR STE 200 WINCHESTER, VA 22601-6319 *Balance Due $ 00 Fd by BERMEL, MICHAEL' J Chcck 6565.08 V WAseN 2134 RAIANC'E DUE INCLUDES PENALTY/INTSPEST THRU THF MONTH 2/2007 2006 T A X R E C E I P T - 2ND H A L F Ticket #:00024920002 FREDERICK COUNTY Date 2/07/2007 C. WXIAIAM ORNDOF°F, JR Register: D1i11/BH P.O. BOX 225 Trans. #: 16378 Dept # RE200602 WINCNES'TER VA 22G04--0225 Acct# 38306 2005 REAL (ESTATE TAXES Previous 23.50 ACRES 64 A 4ox H 1 $ Acres; Land.- 7050DO Xmp BERMEL. MICHAEL J C/O DAH C014MBRCIAL REALTY, INC 440 W JUBA1, EARLY DR STT 100 WINCHESTER, VA 22601 ar ante 23.50 Principal Being Paid $ 0 Penalty $ Interest $ Amount Paid $ *Balance Due $ 2086-57 1850-62 185.06 50.69 2086 S7 ,00 Pd by mxmut., MICHAEL ,J Check 6565.08 ## WASCH 2134 BALANCE DUE INCLUDED PENALTY/ INTEREST THRU THE MONTH 2/200'/ FEB --0 200 12:49 From: 703 255 3339 ID:STOWE ENG PLC Page:001 R=94% ReroniFig Comments Frederic k -Winchester Service Authority Mail to: Hand deliver to: Fred -Wine Service Authority Fred -Wine Service Authority Attrt: Jcsse W. Moffett., Executive Director Attri: Jesse W. Moffett 11.0. Box 43 107 North Kent Strect Winchester•, Virgillia 22604 Winchester. Virginia (540) 722-3579 Applicant: 1'Ic;t,c fill out E11r inl-xma6011 ;15 ;rc<I(ralely as possible in orcll r' En ;rtisisE Ehc 1 [ed-WnIC Sclvicc AtiIIiolliy %%I ib st(Ill'll I1.4'1C11. ��':.:. (', c' ;.' �'t{:�I pr _ inrp_ :Iaproffer;�ler)rcnl, ac•t ncl}•pix, ezct :111Y� r)."rrr ;>cr, tinc•:It :t_''ur••::t!iUtl. Aj)j)hc:Int's Natne: Admiral Byrd Ccnicr, LLC _ 1Llrhllcmc; 703-56£3-9100 I\'I;Iilin * 1t!c�ics;;: 10550 M;1rhuru Oakton, VA 22124 L,ocaticln ofpl-opcl-ty: On /Airport Road, ciir(:ctiy actors ,roEn tltc — - Winchester Regional Airport. C'urrcnt zoning: M1 _ `tonins; requested: 62 ACrctt�;e: ±/� 11_4 Fred -Wine Serviec Authority's Comments - hied -Wine Service Authority's Signature & .Date: Notice to Fred -Wine Service Authority - Please Return Forrn to Applicant Rezoning Comments Frederick County Sanitation Authority Mail t0' Fland deliver to: Frederick County Sanitation Authority Fredcric;k County Sanitation Authority Attn: F nginccr Attar F.ngitlecr P-0. Box 1 X77 315 Tasker Road Milchoster, Virginia 22604 040) 868-1061StcLnccns City, Vir tnia F,AI)IpHaeit: 1'I(�;tsc ff11 out tlto irtl�rrtn;rii,>rl Aiilltll,il1'tvrll) II I,•, Applicailt's Narnc_ Admirtll Byrd Center, LLC 703-568-9100 - — — Tcic1�(�ut�c= _ Ktilin ; Addross_ 10550 Marbury Oakton, VA 22124 1,oc,ttiffln c+fl�rc�f�c:rly_ On Airport Road, dircctly,-tcro;s from the Winchester Re ional Airport. C'urrcnt Zoning: M1 -sanitation Authority Comments: 1011irl9 requested: B2_ Acre. +1- 11.4 Sanitation Authority Signature & Date, -2,/ p(fDS" Notice to Sainittltion Authority - Please Return This Porrn to the Applicant P.d Q( -I C, (I - (I C7 - 0 0f T-„I.f-NQ T�-.-TjI Rezoning Comments Frederick County Dcpartmew of Parks & Recreation Niall to: hand deliver to: 1~ rcdcrick Coutlty 1~ redcrick County Department of Parks & llecreatinrt Departmciit of -Parks & Recreation 107 l,,dorth Kent Strect C=ounty Administration W(Ig., 2nd Floor Wit)chetiter, Virginia 22601 107 North Kent Street (540) 665-5678 Winchester, Virgin -M ��(lplir.ant: 1'Ic,l.�4 fill unt llrc inti?rnrrtiu,r a� accur;�I�fy �t: IYusr:ilYF. in LYrcE, r try ,isist rlTr --- . r 1• - -_. :ttilYll \Vlt�l t�IC1!' CCVI"\\�, ;4-'1:'CeD :1 .:,, � 1'�It`T' :i'��1�:�, `i'�• t�)11U. (UCi1f31J1E lElal), iDrUtiCi .ii:ilClUl':,i, iltitD+1{'t .111x.}'.iiti� .;II(i ::, j' I;i.i,:`: �;.'d iiiwnt Applicant's Namc: Admiral Byrd Center, LLC 1 cls:pllotic-: 703-568-9100 (Mailing; Ad(lrc5.ti: 10550 Marbury Oaktan, VA 22124 L{x:ation of prul>erty: On Airport Road, directly across from the _ Winchester Regional Airport. Current zoninb M1 %otting requested: _E-32 _ Are:il;c_ t/- 11.4 Department of Parks & Recreation Comn►ents: Pks. & Rec. Signature & Date: Notice to Department rks & Recreation -.Please Return This F'ornn to the Applicant COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 November 21, 2005 Mr. David Lellock Urban Engineering & Associates, Inc. 600 Pegasus Court, Suite 101 Winchester, VA 22602 R -E: Request for Historic Resources Advisory Board (HRAB) Comments Admiral- Byrd Center Rezoning; PIN# 64 -A -40I Dear Mr. Lellock: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park_ Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being located within the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Rezoning Comments Winchester Regional Airport Mail to: Hand deliver to: Winchester Regional Airport Winchester Regional Airport Attn: Executive Director Attn: Executive Director 491 Airport Road 491 Airport Road Winchester, Virginia 22602 (Rt. 645, off of Rt. 522 South) (540) 662-2422 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the WIDchestez R-egional Ai l-jurl. with flPti 10ca.Oor► neap, proffer staterneiit impact aaalysis, aid any.ctlter f erthwit iitl`ut-titatioll. Applicant's Name: Admiral Byrd Center, LLC Mailing Address: 10550 Marbury Oakton, VA 22124 Telephone: 703-568-9100 Location of property: On Airport Road, directly across from the Winchester Regional Airport. Current zoning: M 1 Zoning requested: B2 Winchester Regonial: Airport's Comments. Acreage: +/- 11.4 Notice to Winchester Regional Airport - Please Return Form to Applicant WINCHESTER REGIONAL AIRPORT SERVING THE 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 4�H0 -4 (540) 662-2422 December 5, 2005 Dave Lellock, P.E. Urban Engineering & Associates, Incorporated 600 Pegasus Court #101 Winchester, Virginia 22602 Re: Rezoning Cor nment -- M11 to B2 Admiral Byrd Center, LLC Shawnee Magisterial District Dear Mr. Lellock: The proposed rezoning request for Admiral Byrd Center to a B-2 zoning would be considered compatible with airport operations except for any Day -Child Care Facilities. We respectfully request the applicant give consideration to include that type of use under prohibited uses. Allowed uses under B-2 zoning should not impact business operations of the Winchester Regional Airport and any special requirements during the development phase will be stated upon review of the site plan. Thank you for the opportunity to review this rezoning request. Sincerely, OK UV�A S. R. Manuel Executive Director Rezoning Comments Frederick County Department of Public Works Mail 4-0: Hard Anffi e, t:.: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn: Director of Engineering Attn: Director of Engineering 107 North Kent Street County Administration Bldg. Winchester, Virginia 22601 107 North Kent Street (540) 665-5643 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department ofPublic Works with theirreviev". Z�jt,,ICIII a colsy of vote apliiic-5601-, ftiri,,, location map, proffer statement, impact analysis, and any other pertinent information. C Applicant's Name: Admiral Byrd Center, LLC Telephone: 703-568-9100 Mailing Address: 10550 Marbury Oakton, VA 22124 Location of property: On Airport Road, directly across from the Winchester Regional Airport. Current zoning: M 1 Zoning requested: 132 Acreage: -1:/- 11 4 �t:S � i�ilt5t_ Notice to Dept. of Public Works - Please Return This Form to the Applicant Administrubw A. -:..'dant to the Suporintendvnt Mr. Michael 1. &:rmcl Admi•M Byrd Center, LLC 10550 Marbury Oakton, VA 22124 Dear Mr. BermelI- yy46("OH An, �r LFCPS`� C� Frederick Counhj Public Schools Visit us at www.(rxxlarick.k12.vn.uti December )4, 2005 RE Rezoning Comments for Rezoning Proposal o wail: rirk.k_l2-va.us This letter is in response to your request. for comments concerning the rezoning application for the proposed property located on Airport Road, directly across from the Winchester Regional Airport. Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Respectfully. yours, Stephe Kapocs' - Administrative Assistant to the Superintendent SIvK/dkr cc: William C_ Dean, ph.D., Superintendent o#`Schools Al Orndorff, Assistant Superintendent for Administration Cbarles puglisi, Director of Transportation 540-662-,W9 Nat 112 -1415 Amherst Strcc-t, Post Office Box 3509, Winchester, VA 22Ei(k1-2546 FAX 54(",62-18% Tim Stowe From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.Ingram@VDOT,Virginia.gov) A: Monday, April 09, 2007 10:50 AM timstowe@stowecompanies.com Cc: Ingram, Lloyd; Eric Lawrence Subject: RE_ Admiral Byrd Center TIA Tim, We have completed the review of your revised TIA (revised March 28, 2007) and we concur with your TIA's Clonciusions. Should you require additional comments, please contact me. N Lloyd Lloyd .A. Ingram, Transportation Engineer Virginia Department of Transportation Edinburg Residency - Land Development 14031 Old'Valley Pike Ed'inbur , Virginia 22824 Phone ##(540) 984-5611 Fa- "(540) 9545607 ........ .__. . :rom: Tim Stowe [mailto:timstowe@stowecompanies.com] Sent: Friday, April 06, 2007 9:13 PM FO: Ingram, Lloyd Subject: Admiral Byrd Center TIA _loyd, wanted to check in with you on this project. When we spoke last Friday you were going to try to get me going this week. I know ve missed that target, but can we get it cleared by Tuesday? Fhank you for your assistance. rim " fo we iFhe Stowe Companies vorking together worksM /7 i r1l1/1 11 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TO: Tim Stowe FROM: Michael T. Ruddy, AICP Deputy Director R V: Preliminary Points — Admiral Byrd Center Rezoning DATE: April 17, 2007 The following points are offered regarding the Admiral Byrd Center Rezoning application. Please consider them as you continue your work preparing the application for submission to Frederick County. The comments reiterate the input I have previously provided in several meetings held regarding this application. Admiral Byrd Center Rezoning — Preliminary Rezoning Notes. Please ensure that all review agency comments are fully addressed. The Frederick County Comprehensive Policy Plan identifies the general area surrounding this property with an Industrial Land Use Designation. Any proposed land use modifications to this property should reflect this land use designation of the Comprehensive Plan. The property is located directly across from the Winchester — Frederick Regional Airport. Therefore, this property should be considered as a gateway site and the development of the property should be of an appropriate standard and design. This site represents a prime economic development location. Any changes to the land use of this site should continue to make the most of the location from a community economic development perspective. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Admiral Byrd Center Rezoning — Rezoning Comments April 17, 2007 Page 2 Transportation. Access management, entrance locations, and inter -parcel circulation and access should be a greater consideration. Omitted from the transportation program are any additional accommodations for pedestrian circulation that would provide access internal to the project and ultimately to the adjacent developments. Airport Road is identified as a major collector road. Sufficient right-of-way should be available to achieve this ultimate typical section. Proffer Statement. Generalized Development Plan. The Generalized Development Plan is the tool that the applicant could use to clarify any commitments made as part of the rezoning application. However, a GDP is not included in the Applicant's Proffer Statement. It is recommended that the applicant provide a Generalized Development Plan. The Generalized Development Plan should be general in nature but address key elements of the development of the site. In general, there may be an opportunity to revisit the GDP and provide for a design and layout which provides for an enhanced design and development. Other. Suggest implementation of corridor appearance guidelines on the major collector road. This could be done through the thoughtful design of landscaping, signage, setbacks, building location and form, building orientation and screening of loading bays and utilities etc. The types of uses and the balance of uses should be evaluated and limited to ensure that the goals of the Comprehensive Plan are addressed. MTR/bad MASTER DEVELOPMENT PLAN #06-07 WINCHESTER INDUSTRIAL PROPERTIES Staff Report for the Planning Commission Prepared: May 21, 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: 06/06/07 Board of Supervisors: 06/27/07 Action Pending Pending LOCATION: The subject properties are located on Brooke Road (Route 1328) in and adjacent to the Fort Collier Industrial Park. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER s : 54 -A -91A and 54 -A -36T PROPERTY ZONING & PRESENT USE: Zoned: Ml (Light Industrial) Use: Vacant ZONING & PRESENT USE OF ADJOINING PROPERTIES: North: M 1 (Light Industrial) South: Ml (Light Industrial) MH -1 (Mobile Home Community East: MI (Light Industrial) N/A West: M1 (Light Industrial) PROPOSED USE: Industrial uses Use: Industrial Use: Industrial Arcadia Mobile Home Park Use: Industrial Interstate 81 Use: Industrial MDP #06-07, Winchester Industrial Properties May 21, 2007 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The preliminary master plan for this properly appears to have a measurable impact on Routes 1328 & 1323, the VDOT facility which would provide access to the property. The presented master development plan dated May 10, 2007 is acceptable. 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: Plan approval recommended. Frederick County Public Works: The revised MDP for Winchester Industrial Properties, LLC dated May 20, 2007, has adequately addressed the intent of our previous review comments. We recommend that the note referencing the geotechnical evaluation shown on Sheet I of 2 be amended to read "prior to submittal of the detailed site plans". A resubmission of the MDP will not be required. However, we would appreciate a copy of the revision to Sheet 1 of 2 reflecting the above change. Also, we noted that it is the intent of the developer to utilize the existing stormwater pond in the development of the pasta tract. We have no objection to this approach, assuming that the stormwater calculations and as built conditions support this use. However, during the construction phase of the site development, it will be necessary to remediate a sinkhole that has developed within this stormwater detention pond near the outfall. The extent of this remediation should be included within the scope of the geotechnical evaluation proposed on Sheet 1 of 2. Frederick County Inspections Department: No comment required at this time, shall comment on site plan when submitted. Frederick County Sanitation Authority: 2nd review - approved Frederick County — Winchester Health Department: Health Dept. does not comment on preliminary plans. GIS Department: Addressing will be assigned off the end of Brooke Rd. (cul de sac) 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 MDP #06-07, Winchester Industrial Properties May 21, 2007 Page 3 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. B) Location The subject properties are located on Brooke Road (Route 1328) in and adjacent to the Fort Collier Industrial Park. C) Site History "Pasta Tract" 54 -A -36T: The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identified this parcel/area as being zoned M1 (Light Industrial). The Fort Collier Industrial Park was originally master planned in 1990 and was revised in 1991 and 1998. "Seefried Tract" 54 -A -91A (formerly parcels 89 and 91): The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identified all of 54-A-89 as being zoned A-2 (Agricultural General) and 54-A-91 as being split zoned A-2 and MH -1 (Mobile Home Community). With rezoning #14-83, the remainder of 54-A-91 was rezoned from A-2 to MH -1. The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of parcel 54-A-89 and all other A-1 and A-2 zoned land to the RA District. On December 13, 2006 the Board of Supervisors approved Rezoning #16-06 which rezoned the Seefried parcels to the M1 (Light Industrial) Zoning District with proffers. 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 properties are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); and are not within the limits of any small area land use plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows a portion of this property referred to as the Seefried tract with a MDP #06-07, Winchester Industrial Properties May 21, 2007 Page 4 residential designation and the remainder with no designation. The residential designation reflected the MH -1 zoning of the property which was eliminated by rezoning application #19-06 which rezoned the property to the M1 (Light Industrial) Zoning District. The portion of the property referred to as the Pasta Tract has a designation of Industrial. This Master Development Plan application is in conformance with the current M1 zoning designation of both properties. Transportation The proposed development would be accessed off of a public road extension of Brook Road which will connect to Park Center Drive as well as a public road connection which will connect into the Seefried tract. Originally the Seefried property was accessed via an easement through the Frederick County Animal Shelter/Regional Jail Property. The proffers from the Seefried Rezoning stated that the property would be accessed off of Brook Road and that the easement would be vacated. The easement will need to be vacated prior to this application being reviewed by the Board of Supervisors. Proffers The "pasta tract" does not have any proffers. The following proffers pertain to the "Seefried" property (Rezoning #19-06): 1. Monetary Contribution • $15,000 for fire and rescue • $3,000 for Sheriff's Office • $2,000 for general governmental purposes • $400,000 to be used by the County for transportation improvements to the Route 11 North — Fort Collier — Route 7 East Area. 2. Site Development • Development shall not exceed 1,000,000 square feet of gross floor area and office uses shall only be permitted as an accessory use to industrial uses. • Stormwater management pond facilities shall be lined with an impervious surface to avoid groundwater impacts. • The future access road shall be built to VDOT standards and have a minimum pavement width of 26 feet. • Street trees located a maximum of 50 feet apart shall be provided on both sides of the future access road. • A geotechnical analysis shall be prepared and submitted to Frederick County for any industrial structures prior to site plan approval. 3. Transportation • A direct connection between the Property and Fort Collier Road shall be prohibited. The access easement located on parcel 54 -A -92B (Regional Jail/Animal Shelter property) shall be vacated within 120 days of rezoning approval. • The project entrance will be located on Brooke Road. MDP #06-07, Winchester Industrial Properties May 21, 2007 Page 5 • The Applicant shall construct a northbound right turn lane on Brooke Road at the project entrance prior to occupancy of the first industrial building. Issues The following issues need to be resolved on the MDP prior to review by the Board of Supervisors: 1. The applicant has committed to providing a public street connection from Brooke Road to Parke Center Drive. The public road needs to be labeled. 2. The zoning district buffer detail is incorrect and needs to be revised. 3. The building restriction lines (BRL's) need to be revised to show a 75 foot BRL off of the new public road. 4. One of the proffers from the Seefried Rezoning stated that the easement through the Frederick County Animal Shelter/Regional Jail property would be vacated. This easement needs to be vacated before the Board of Supervisors meeting. 5. Additional information needs to be provided for all adjoining properties. STAFF CONCLUSIONS FOR THE 06/06/07 PLANNING COMMISSION MEETING: With the exception of the identified issues, the master development plan for Winchester Industrial Properties depicts appropriate land uses and appears to be consistent with the requirements of Article XVII, Master Development Plan, of the Zoning Ordinance. The preliminary master development plan is also in accordance with the proffers for Rezoning # 19- 06. 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. trial Prop u1i House Dr NORTH PARK PLAZA .k GREEN Bqy p 36L A 36M ER, LLC aQK ACt(gGINGINC pC4U1PORT WINCHEST R ESTATEaCFJC' - ehfer��r Redbgd 64 s SEMPELES MANUEL Run G�} - o �,4 — y of W _ � Q C 'k � S�2 j r Q. OJ ciQ O �o � 3 tt° � 00 d' F0�r00 q 54 A 91A FP <<iF�360 WINCHESTER INDUSTR. PROPERITES, INC O c 9�j� �PpGA 00 � A 2 mySta 54 1 B �� n 7 ARLADIA MOBILE HOME PARK MILENNIUM 111, LLC YO,P T WI RESTER B ��SrF'P2 '9 � Pa z az 9?O ✓q'�q 1paS� GTyO�'T/-�� � a v S� aei � Q �P aj "ir Ao dr Lockhart Cir Q o �A�5a' c�Dyr �� ohsro 'r karQeS;D� hyo// aF "'6yc� �' 4G z n 6AKE1`- NE IND T PQ. RK I@bode 54 7 lk�4T�H m U 0 ThF /G?' �S <y`6 ARLIN&TON INDUSTRIAL D Mit N 0� Map Document: (N:\Plannina And Devt Innmant\ 9 I all" 'M erfies Frederick County, VA Master Development Plan MDP # 06 - 07 Vinchester Industrial Properties Parcel ID: 54 - A - 36T 54 -A -91A J �7=�•; a Location in the County Map Features O Hamlets 4% Future Rt37 Bypass IM MDP0607_WmchesterindustrialProperties O Airport 'I Lakes/Ponds Streams Streets 11, Primary •.. Secondary '�- Terciary �i Urban Development Area SWSA 250 soa 1,0 ,� Feet C - ,� I1' " Case Planner: Candice -- — — _ -- r�.....,�„ uuJ l -V IVp=[LlCs—rvwrUUUi—UOZ [Ut.MXa) b/Z1/ZU07 --4:17:04 PM MDP 6 07 O-iTl-f - - - W.. o sT o o o wN. Lund IMe Ma CM r Winchester Ln ustr al Pro erti AeJ&1 Map p es Map Document: (N:1Planninq And Develonmpnt\ 9 11r- fI nn tnr ti i r .u.._a_:— ..- -___ Frederick County, VA Master Development Plan MDP #06-07 Location in the County Map Features Vinchester Industrial Properties O Hamlets "* Future Rt37 Bypass Q MDP0607_WnchesterindustrialProperties O Airport a Lakes/Ponds ^— Streams Streets Primary �. Secondary '�- Tertiary �I Urban Development Area Gr'9 SWSA e O �- Wrnshsdsr ` r gin�a Parcel ID: 54 -A -36T 54 -A -91A Location in Surrounding Area ¢`pK cpG 41111M41111M0 250 500 10po eet 12' Case Planner: Candice - � ------------....---•.•�•• '.,N.,'.�oa� rvrv�vvvr—va�tur.tnxa) O/CI7ZUU/ --4:91:04 PM Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN Department of Planning and Development Use Only. r Date application received 107 Application # 06-01 Complete. Date of acceptance. Incomplete. Date of return. 1. Project Title: bitJaC-WifSM-e- --Z:?/)DUSM/,4(- )'rkOPe)Z:1-7&-S _ L -LC 2. Owner's Name: 11JI A.1 r-- Ile-5rz�-e /-�QrPEe—T7 ES (Please list the names of all owners or parties in interest) 3. Applicant: JO a p--/ /-") Address: ST ,tie,4 in! 5% SPA r�a�/i3v2c� 50- 29 3o y Phone Number: 5 20 e o 4. Design Company: DA J 1S F Lo V P snlc Address: / S /32 D,ar / G✓ y Phone Number: G c/ `:�o cD Contact Name: e -le- (/,a e i rr7 Page 11 Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: /c E I'OD _ ��2T CO �-�z�-72 .T-n/D�/Si�2iAL t��7•?2/C 6. 7. Total Acreage: / Q -7 `I Property Information: a) Property Identification Number (PIN): b) Current Zoning: c) Present Use: d) Proposed Uses: S -q-,4 i T -M Vo S i A I-- VA. CA n.! T e) Adjoining Property Information: Property Identification Numbers Property Uses North S0L South East West fl Magisterial District: �7"� di G,/A L 8. Is this an original or amended 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: ;;,z Date: 20 I Zoo, 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 information 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 Administration Building, 107 North Kent Street. NAME ADDRESS / PROPERTY NUMBER Name 5 14i;-7j\j aN 1J oA iA kT'T LE F) E I-D,St �ooN�ATlor+/ Address R Q, Q O j( 55-7 Y� Art Propery # CJI. A _ 0�9 Cr SSAnO boo -DM AN/ P b. ►3ox t 3 2�^ I�Iln1C i vA 5q - A- ? A y, I n1 G�A%:-SnEp- t'ma� STA LLL 7 p , 3 oX n gc O fjd NL �-S - 5Lf -A - .3(0-s M 1 Li(C M 1 l.,l-1 Q6 CorptPNJY , LTD c, ANv(zew 61\vE2- 71oo °J S4 -A - 3CatZ �2.t Co�l�-� C�2nu� �z3 1 ��E53v2.v Pf�E Surra 1000 Sal A - 3(.A ^a-3 -A- AKiiJbSDowN K i i -J L,;,& D c w N, -_v_:Nc'P.O. Gox g MEFSAPM, t -1c 5y - A - 3c�v 0{Z'Ci�ln� 1 7 `QtJ �t't�1 oN L JA v L Au -Atc et-ry 14/I Foer L' o LLQ0 W N S 5q - A - 9 213 Page 18 zz,6,4q 22100q Zz(,oq $5'39 -u.s eWUes(' 2zoLly 3co rJ 73o-2- . 1144 3oZ .1144 22!00 Frederick County, Virginia Master Development Plan Application Package Name I Address Property # Aj2CP o (A M b6(w Ao-tet E t3gs 13aI<EV- L -I,) "o'y-A - 9 1 LOCL-�ACT W j LLI AM (3"A S -6AKe2 L J VA Sy -A-4 Page 19 zoo 3 ZZ,(.o3 b.:1ASICG' DF`,'Fi_S;PMEGIT G'I.APJ FOR WINCHESTER INDUSTRIAL PROPERT�ES, BROOKE ROAD FREDERICK COUNTY, VIRGINIA UTILITY RESPONSIBILITY FOR THIS PROJECT nMY/ GOVERNING AGENCIES CONTACRS CONTRACTOR RESPON5IBRJTY- OTHERS R6 ONSIBILRY- L�5 xSIRU[OOx RCrmB¢ wRx ru Couvwn -9FIw E iROx ixE POwr OE mux¢Iox AT nN: E[o�R,G xG Sq-R6R-T93B ENSORE wBTN1Amu OP OAS DNFS ARE muPDIF➢ U2 IF i0 aID NRUOMO SErnNO OE uflER qLL BE B/ mMAOi: nu0im' IIO[kw,l TOR TO A9PxYT OR CORB PUODIFM cF5 muPNn PowEA -MD 0x /GlmnfS WRX D£CTRC -Df[IRIC mvPNn WILL PRJnpE uISTALL .LLL BR� RBna,m �REibiAwrlON of uxowsRoum wTFAWEs xFTnEo ro Es.,esx PmwAr� x� cubx HLL SESmuHElEn PRgR TO A9wulT 00 CURB N w RE )34�R1]--]000 LP lF[ 1Rw6FDRUFA FORUER PAO A9 PFA if1E DECRfC -PR�I� �,o REQ � �BNo"RT =ESE AFS �Rrw _ PDERCN CWNIY SANOAnON NIM - ,,pp�,H,W6 PFx mE PW6 wr,,PoiLsrin.Tw um.-e3n vxoxE sw-asR-,os, awTe Rcal.wm Irl.9PTmox Nf�: �.IONR wxrtACHE UODRl rf Pwl I—R REgnRfllF� �FnTOx ulOtl Y!i® SARORTpN NIIH. --E ANO N6TALL aLL WF,ER Mals Au0 A590Cu1ID n1E PUxS N!0 N'FI.utGTD,I CO aBn - rscu m R: �Euc ism nAE`s'v`RRwNFE.R N <T AR RR E RGPE<RRROF _RD a w m ER TR wnu,r PUN Fnx amx C -r wRmR STONEWALL MAGISTERIAL DISTRICT ezcmno"+n oa..i,_+r-_ay..y. a v.,rt..an.�.a:..•. r.�srraeresvam®�.rm+ �•. 'xHmNa,vuu T°�m��Terw..m+.:��4e •J�e.v..�. �rnxnuu ��nn� m��.v�m uxa �_wrrvw" .rs+.�.e.mr._r..�.m.�v�++�^• LL FLOODPLAINS 0.00 0.00 0.00 0% b. mnr.nmb DISTURBED % DISTURBED % IN O.S. LL FLOODPLAINS 0.00 0.00 0.00 0% moi• LAKES AND PONDS 0.00 0.00 0.00 0% 0.00 NATURAL RET AREA 0.00 0.00 v Ing ARS 7S -3B �. 0% 0.00 PASTA TRACT (54 -A -36T) LOCKHART TRACT (54 -A -91A) A COMPLETE GEOTECHNICAL EVALUATION WILL BE PERFORMED PRIOR TO SUBMITTAL OF THE DETAILED SITE PLANS. SITE LOCATION MAP I' = 2000' MASTER DEVELOPMENT TOTALS PIN'S: 54 -A -91A, 54 -A -36T ZONING: M-1 PROPERTY AREA: 107.73 AC CURRENT USE: VACANT PROPOSED USE: INDUSTRIAL BUILDING RESTRICTION LINE: 25' SIDE/REAR, 75' PUBLIC STREET LANDSCAPED AREA (MINIMUM): 25% FAR (MAXIMUM): 1.0 PASTA TRACT SUMMARY - PIN: 54 -A -36T ZONING: M-1 PROPERTY AREA: 32.34 AC CURRENT USE: VACANT BUILDING RESTRICTION LINE: 25' SIDE/REAR, 75' PUBLIC STREETS PROPOSED USE: INDUSTRIAL LOCKHART TRACT SUMMARY: PIN: 54-A-91 A ZONING: M-1 PROPERTY AREA: 75.39 AC CURRENT USE: VACANT BUILDING RESTRICTION LINE: 25' SIDE/REAR, 75' PUBLIC STREETS LANDSCAPED BUFFER ALONG RESIDENTIAL: 100' TOTAL (75' INACTIVE AND 25' ACTIVE) PROPOSED USE: INDUSTRIAL AREA IN ACRES TOTAL DISTURBED % DISTURBED % IN O.S. AREA IN O.S. FLOODPLAINS 0.00 0.00 0.00 0% 0.00 LAKES AND PONDS 0.00 0.00 0.00 0% 0.00 NATURAL RET AREA 0.00 0.00 0.00 0% 0.00 STEEP SLOPES >25% 0.00 0.00 0.00 0% 0.00 WETLANDS 0.00 0.00 0.00 0% 0.00 KARST FEATURES 10-11 10-11 1 100 100 TBD APPROVED BY THE DIRECTOR OF PLANNING AND DEVELOPMENT 11 APPROVED BY THE WN ADMINISTRATOR SEWER AND WATER SERVICE AVAILABILITY: LLC WATER SERVICE IS AVAILABLE TO THESE SITES BY CONNECTING TO AN EXISTING 12" WATER MAIN FOR THE PASTA TRACT AND EXTENDING A WATER MAIN TO SUPPLY THE LOCKHART TRACT. SEWER SERVICE IS AVAILABLE ON THESE SITES BY CONNECTING TO THE EXISTING SEWER MAIN FOR THE PASTA TRACT AND ADDING A SEWER LINE ON THE LOCKHART TRACT THAT WILL CONNECT DIRECTLY WITH RED BUD LIFT STATION. OWNER/DEVELOPER/PROPERTY OWNER— JOHNSON DEVELOPMENT ASSOCIATES, INC. 961 EAST MAIN STREET PO BOX 3524 SPARTANBURG, SC 29304 PHONE: (864) 585-2000 FAX: (864) 594-2998 ENGINEERING FIRM DAVIS AND FLOYD, INC. 15 BRENDAN WAY, SUITE 210 GREENVILLE, SC 29615 PHONE: (864) 527-9800 FAX: (864) 594-2998 ARCHITECTUAL FIRM MERRIMAN SCHMITT 121 WEST TRADE STREET SUITE 2610 CHARLOTTE, NC 28202 PHONE: (704) 377-1177 FAX: (704) 377-3060 SHEET 1 DATE: MAY 10, 2007 WAREHOUSING I �_ ZONED M1 FORT COWER GROUP, i LLC - PIN: 54—A -36P WAREHOUSING '=� ZONED M7 FORT COWER GROUP, LLCM "a PIN: 54 -A -36K I I LOCATION;- ` OF GAS I --'= � IA 80' MIN - 3:T sroE SLOPE ROAD BROOKE ROAD Q ;j;` 5O' MIN ROUTE 1328 I ' LOCATION OF i i1 TYPICAL BERM IN 75' INACTIVE BUFFER A ELECTRIC i I Illi } Il,'; . I_ WAREHOUSING 25 1(f MAX 2' CALJPER DEgDUWS ZONED Ml U � ,Q TREE (TYP) FORT COWER GROUP. I � I. 4' HIGH EVERGREEN LLC 5' I It EARTH BERM TREE (TYP) PIN: 54—A -36N o I U TYPICAL LANDSCA ING WITHIN BUFFER VACANT ' REGIONAL JAIL I ZONED M1 COUNTIES OF CLARk& FREDERICK AND WINCHESTER PIN: 54 -A -92B -E- ITHE JAIL EASEMENT; 'yit IN THIS AREA WAS I 111 I RELEASED ON ' I 4/11/2007 INACTIVE MOBILE HOME - -RES ZONED MH -1 - _ ZEN ARCADIA MOBILE HOME -WILL PARK INC. PIM: 54—A-91 PIN: BUILDING --------------- SARK CENTER DRIVE DD �ARr D�,AnDx TA�B� Rx�Y PLAT _ = (RECORDING ffWd ACE NUMBER 08DD213% DATED W --'4�AREHOI.iSH1C�-__,; w SOMA•-"0�` �'.� ` ,e,�} =� - OUTS 1323 MANUFACTURING Iz/zAT (INS PREPARUIlEN fn ME mus E>4965 DATE AEP '-�'miObm _.oNBVP 6 ` ZONED M7 KAT 05) REP NU Y D 050%1985 DATED T ,icCesPrEtrt Aro 1if91Fp ovFR-�ti � p- #�_ �- _� _ i Vis= MILLER MIWNS COMPANY +I0�D0S) P�PARm er BorMAN c WLnN& 36R - - '�•�y, _ ic ROADWAY D N54-A-36A woT*S QECENMIC DESCR STANDARDS FOR LOCAL sRREET sSTEY cos ) P _ EXISTING DRIVE"tY3E; `°? '`' n, vy,^ Bmx TIIE NEW WR1.D PASTA TRACT AND -- -- TE LOCgOWiT TRACT 13E BE Cl1RlENDBVE31!{� CONiLB�.1FTER��B ROAD HAS --- DED LOT ACREAGE 3234 ACRES--_ - ' -- ` `,O`p ENNRDN1iNTLL F£ TNRE'S --- PROPOSED USES: INDUSTRIAL- = " I n — ___— -vRaMINARY YETLA OS REPORTS WERE ,, nNE__ _ _ _ \• - - ,`' i00REPORTEDI'MAT OHO T ME WETLANDSAM "BUILDING SETBACKSEIIAM' -- _ I I WERE DxsEYem. —-�'-'_� --- -- 7 " I I I I I I I I Y-h� I I a 11 I I I I I I I I µiRr '_--_- -_ _— ACC --- — ISI �` EXISTING ESS I � L_ �____________________ I I EASEMENT WITH NEW j I WORLD PASTA 3.28 ACRES I I I I I m P I MANUFACTURING I m 12= lam; I I ZONED M1 25' BUILDING SETBACK WINCHESTER PASTA, LLC I PIN: 54—A -36J iflB lRYmM9i •aomN , , ` __ ---- --- — I III I — — I I— — J -Le I -D TD AT- 1AT- DOL431. 0 -- I II I,I WI I h ^ -------------- �'- _ �j� `II I ,I/ 1 II 1161a�s-9�g—I���'�— t"'�"'"-- -- - — — L---------- j I 1L JI'L� L -------J ---- -------------------------- ,RJ (OCKHART ET ALS; - POND FOR PASTA TRP POND 41. S�P41 —LOCATION OF SEWER VACANT ZONED RA TP AND SUSAN GOODMAN PIN: 54 -A -87A Y- vi y 1--'1 T�YPEEf TREES --'= ROAD so uaruuu o a VACANT ZONED RA SHENADOAH VALLEY BRDOKE ROAD LANDSCAPING BATTLEFIELDS NOT To scAlE _ PIN: 54 -A -89C 5D' RICHT 6 WAY A.0' fltl fltl 4.0' /2' PER M -v m¢ aP Pa A m¢ rt PA,fuEui t/1" ffR FT. 1/1' PER Ff. I/Z' PW BROOKE ROAD TYPMAL SECTION NDT TD SCALE o 200 � i—I NORTH scALE .i' _ 100' U J J LdU W Z F= Ir w W F 0 o Ed as a Ir wuj z x of z � � w x U z 3 t— Z W 0 J >Q ° W J g 0i W Q 10 2OF2 s • • MEMORANDUM TO: Frederick County Planning Commission k-OUNTY of FREDERICK Department of Planning tinct Development FROM: Mark R. Cheran, Zoning and Subdivision Administrator //&'1_ RE: Waiver Request —David and Linda Hicks DATE: May 21, 2007 ';40/665-5651 FAX: 540/665-6395 Artz & Associates, PLC, on behalf of David and Linda Hicks, is requesting a waiver of Article V Design Standards, §144-17 Streets, (G) (1), Cul-de-sac, of the Code of Frederick County, Chapter 144 Subdivision of Land to allow 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 (Route 682), 0.6 miles east of East Hunting Ridge Road (Route 608), in the Gainesboro Magisterial District and is identified by Property Identification Number 21-A-37. Chapter 144 Section 17(G) (1), of the Code of Frederick County specifies that: Cul-de-sac permanently designed as such, shall not exceed one thousand (1,000) feet in length. The Planning Commission may waive this requirement in cases where extreme topography or other factors make it impractical. In no case shall the street serve no more than twenty five (25) lots. The turnaround provided shall have a right-of-way radius of not less than fifty (50) feet and a paved radius of not less than forty-five (45) feet. Loop streets are preferred to cul-de-sac, where possible. The applicant believes extreme topography of the property renders the property unusable to accominodate a cul-de-sac less than is required by County Code. To achieve full use of this property, a waiver request is needed due to lot lines following a ridge line, whose side slopes are too steep for loop roads. The cul-de-sac will serve ten (10) lots and have a right-of-way distance of not less than fifty (50) feet and a paved radius of not less than forty-five (45) feet. VDOT and the Frederick County Fire and Rescue Department had no adverse comments regarding this proposed waiver, as the road will be built to state standards. This proposed waiver of the 1,000 foot cul-de-sac length may be justified due to the extreme topography of this property. Staff would recommend any alterations to this proposed layout be resubmitted for consideration by the Planning Commission. A recommendation from the Planning Commission is requested. MRC/bad Attachments 107 North Rent Street, Suite 202 . Winchester, Virginia 22601-5000 r / a , HUPP'S RIDGE, LLCM 21- A 37 HICKS, DAVID A21 A 36 j q, DEHAVEN, CHARLES STUART JR. � _ O� aAaaS'L1t££K ` 21 A 22 HELM, RICHARD'S ETALS t CO p ^� Clage EO j/ 2 rchardi { a N LOUNTKY .yu £ £ T 5 �' 21 A 56 `o a SHIFFLETT, RUSSELL & JUNE f country: r � S4uire,L �' n r rederick County, VA Wavier WAV # 05 - 07 \,\ Request David & Linda Hicks Parcel ID: 21 -A-37 Location in the County Map Features O Hamlets •i� Future Rt37 Bypass Q Application CJ Airport a Lakes/Ponds Streams Streets Primary ^. Secondary '�- Tertiary �• Urban Development Area SWSA Topography (5' interval) I O Gretn Spring d .Q>cK CpG 0 250500 1 Of eet ti _3 Case Planner: Mark - -- --------- Map Document: (NAP Ian ning_And_Development\ 1_Locator_MpslDavid_Linda_Hicks_ WAV0507_052107.mxd) 5(21/2007 -- 2:41:52 PM Frederick David & Linda Location in the County Map Features O Hamlets ft!, Future Rt37 Bypass 0 Application C:7 Airport S Lakes/Ponds ^-- Streams Streets Primary ^. Secondary '�- Terciary .f Urban Development Area .✓ SWSA Location in Surrounding Area Map Document: (N:\Planning_And_Development\ 1_Locator Mps\David_Linda_Hicks_WAV0507_052107.mxd) 5/21/2007 -- 2:41:52 PM COUNTY of FREDERICK IIT Y Dep<uvnetlt of Plaming and Develcpnent 1V North hent Street ! ii ulcliester. Vu?uua ?'6�1-SC�fjQ Ckt�c. Te1g,llou:: 5'–x'.,.'665-5641 F —X: `40'665-6394 WAIVER/EXCEPTION REQUEST APPLICATION 1. Applicant: Name: Artz & Associates, PLC Telephone: (540) 667-3233 Address: 16 E. Piccadilly St. Winchester, VA 22601 2. Property owner (if different than above): Name: Dave & Linda Hicks Address: 2333 N. Frederick 3. Contact person (if other than above): Telephone: Winchester: VA 22603 Name: Michael M. Artz, L.S. Telephone: 540-336-7984 540-667-3233 4. Wavier request detailed (include specific ordinance requirement to be waived): Waiver to Section 144-17-G (1), minimum length of Cul -de -Sac -1450.59' 5. Property Location: The property is located at (give exact location based on nearest road and distance form nearest intersection, using road names and route numbers): North of RT. 682-Glaize Orchard Rd; 0.6 miles of East Hunting Ridge Road- RT.608 6. Parcel Identification/ Location: Parcel Identification Number: TM#21 -((A))-3 7 Magisterial District: Gainesboro District 7. Property zoning and current use: Zoned: RA District Current Use: Agricultural Existing/recorded 3/ 8. Attachments: Adjoining Property Owners List: and Proposed Plats OFFICE USE ONLY: Fee: $500 enclosed: Receipt #: 9. List of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for witch the waver or exception is being sought, including properties at the sides, rear, and in front of (across street from ) the subject property. (Use additional pages if necessary.) These people will be notified by ma -11. of the application. V A X41 Richard Helm Address: P.O. Box 2077; Winchester, VA22604 Property Id#: TM#21-A-22 Robert S. Sikora, Jr. Address: 365 Well Drillers Ln.; Winchester, VA22604 Property Id#: TM# 21 -A-37E Duncan Scholfield Address: 333 Well Drillers Ln.; Winchester, VA 22603 Property Id#:TM#21A-37D Jonathan B. DeHaven Address: 301 Well Drillers Lane; Winchester, VA 22603 Property Id#: TM# 21 -A -37C Charles & Marie Tinsman Address: P.O. Box 326, Winchester; VA 22603 Property Id#: TM#21-4-5 Richard B. Delawder Address: 557 Glaize Orchard Rd; Winchester;VA22603 Property Id#: TM#21-A-40 Charles Stuart DeHaven , Jr. Address:2075 Martinsburg Pike, Winchester; VA 22603 Property Id#: TM#21-A-36 Address: Property Id#: Address: Property Id#: Address: Property Id#: Address: Property Id#: Address: Property Id#: Address: Property Id#: Address: Property Id#: Address: Property Id#: Address: Property Id#: BOUNDARY LINE ADJUSTMENT of TWO TRACTS David A. & Linda W. Hicks TM #21-A-37 Instrument #050005037 William S. & Marie A. Schwasta TM #21 -A -37B Instrument #020007616 August 25, 2006 Gainesboro District, Frederick County, Virginia SURVEYOR'S CERTHIICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby adjusted is in the names of David A. & Linda W. Hicks and William S. & Marie A. Schwasta and was acquired as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein adjusted is all of the remaining land acquired by David A. & Linda W. Hicks by deed dated March 11, 2005 and recorded in Instrument #050005037 and all of the land acquired by William S. & Marie A. Schwasta by deed dated May 2, 2002 and recorded in Instrument #020007616. Said deeds being of record in the Clerk's Office of Frederick County, Virginia. This Boundary Line Adjustment as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of Frederick County, Virginia. David A. Hicks Linda W. Hicks William S. Schwasta Marie A. Schwasta NOTARY CERTIFICATE: STATE OF VIRGINIA; CITY/COUNTY OF to -wit: The foregoing owners consent and dedication was acknowledged before me this _day of 120 My commission expires Notary Public CERTIFICATE OF APPROVAL This Boundary Line Adjustment is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Frederick County Subdivision Administrator SHEET 1 VICINITY SKETCH �4b s 608 .$, 3fT s 682 c P° P 608 "1111,MI 61i2 a SURVEYOR'S CERTHIICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the land hereby adjusted is in the names of David A. & Linda W. Hicks and William S. & Marie A. Schwasta and was acquired as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein adjusted is all of the remaining land acquired by David A. & Linda W. Hicks by deed dated March 11, 2005 and recorded in Instrument #050005037 and all of the land acquired by William S. & Marie A. Schwasta by deed dated May 2, 2002 and recorded in Instrument #020007616. Said deeds being of record in the Clerk's Office of Frederick County, Virginia. This Boundary Line Adjustment as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of Frederick County, Virginia. David A. Hicks Linda W. Hicks William S. Schwasta Marie A. Schwasta NOTARY CERTIFICATE: STATE OF VIRGINIA; CITY/COUNTY OF to -wit: The foregoing owners consent and dedication was acknowledged before me this _day of 120 My commission expires Notary Public CERTIFICATE OF APPROVAL This Boundary Line Adjustment is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Frederick County Subdivision Administrator SHEET 1 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON APRIL 16, 2005. 2. THIS PEAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. ALL PROPERTIES ZONED RA, USES ARE RESIDENTIAL UNLESS NOTED OTHERWISE. r� o� 58.4141 QZ ACRES � TM #21-A-37 LQ e17ST/ (Ivq. 'f� NC � RT£ R INDEX SHEET 3o PReS�'� R�qO BOUNDARY LINE ADJUSTMENT of n�Riw 2 TRACTS GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 400' DATE: AUGUST 25, 2006 REVISED 3/19/07 PRESENT OWNER: DAVID A. & LINDA W. HICKS TM #21-A-37 INST. #050005037 WILLIAM 5. & MARIE A. SCHWASTA TM #21 -A -37B IN5T. #020007616 PROJECT #21150 21-A-36 CHARLES STUART DeHAVEN, Jr. 466/532 USE: AG. -VH OF 'i� MICHAEL M. ARTZ v No. 1951 © \ 21 -A -37C \ JONATHAN B_ \ DeHAVEN O \ 803/1112 © \\ 21 -A -37D \ ANITA DeHAVEN © / BARTELL / 803/1105 21-A-22 RICHARD S. HELM, TRUSTEE, © ET AL 0.2748 AC. 21 -A -37F 707/49 AREA OF , ROBERT N. III USE: AG. ADJUSTMENT (SEE SHEET 3) / & CHRISTINA / F. ASHBY / #050028335 / 9.8749 21 -A -37E 0.1502 AC. AREA OF / l.. CR C C J ROBERT S. Jr. C & KRI5TY M. ADJUSTMENT ,� TM #21 -A -37B SIKORA (SEE SHEET 3) '. #060004899 e17ST/ (Ivq. 'f� NC � RT£ R INDEX SHEET 3o PReS�'� R�qO BOUNDARY LINE ADJUSTMENT of n�Riw 2 TRACTS GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: 1" = 400' DATE: AUGUST 25, 2006 REVISED 3/19/07 PRESENT OWNER: DAVID A. & LINDA W. HICKS TM #21-A-37 INST. #050005037 WILLIAM 5. & MARIE A. SCHWASTA TM #21 -A -37B IN5T. #020007616 PROJECT #21150 21-A-36 CHARLES STUART DeHAVEN, Jr. 466/532 USE: AG. -VH OF 'i� MICHAEL M. ARTZ v No. 1951 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 425.00 88.05' 87.90' S 39'30'24" W 11'52'15" C2 145.00' 17.70' 17.69' S 48"56'18" W 6"59'33" C3 25.00' 52.55' 43.40' S 07'46'57" E 120'26'03" C4 225.00' 210.11' 202.56' S 85'14'54" W 53'30'15" LINE BEARING DISTANCE o= POINT • = REBAR SET I (UNLESSNOTED OTHERWISE)J — TM #21 -A -37F ROBERT N., III & CHRISTINA F. A S!-IRV CE Ll N 65'41'42" W 265.12' L2 S 33"34'16" W 723.77 ' ' S 452 6'31 " :: i 71.42 L4 S 67'59'58" E 37.64' L5 S 23'36'43" W 25.01' L6 N 67'59'58" W 37.98' L7 N 65'41'42" W 15.20' L8 S 33.34'16" W 836.87' L9 S 33734'16" W 2.28' L10 S 23"36'43" W 182.18' AREA TABULATION EXISTING: TM #21—A-37 58.2895 AC. TM 21—A-3713 9.9995 AC. PROPOSED: TM 21—A-37 58.4141 AC. TM 21—A -37B 9.8749 AC. NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON APRIL 16, 2005. 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. ALL PROPERTIES ARE ZONED RA. USES ARE RESIDENTIAL UNLESS NOTED OTHERWISE. #050028335 58.4141 ACRES TM #21-A-37 0.2748 AC. AREA OF —� TM #21-A-22 ADJUSTMENT HEREBY RICHARD S. HELM ADDED To HICKS / TRUSTEE, ET AL / 707/49 / USE: AG. 0.1502 AC. AREA OF ADJUSTMENT HEREBY / ADDED TO SCHWASTA \ (142.69')/ - EXIST. 50' R/W FOR THE BENEFIT OF / 21 -A-37C, D, E & F� —C4— -46 THIS LINE / HEREBY / VACATED / TM #21-A-36 (ARLES STUART �EHAVEN, JR. 466/532 USE: AG. 17 / THIS LINE / HEREBY CREATED i i e, 9.8749 ACRESI TM #21- -37B o i THIS LINE IS Sp, BR( i HEREBY VACATED \ REBAR FOUND i LS GLglZ INC F�f 3p- R / 68R�RO / / �RiPri�F R,w q0 DETAIL PLAT BOUNDARY LINE ADJUSTMENT of 2 TRACTS GAINESBORO DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: P' = 200' DATE: AUGUST 25, 2006 REVISED 3/19/07 PRESENT OWNER: DAVID A. & LINDA W. HICKS TM #21-A-37 INST. #050005037 WILLIAM S. & MARIE A. 5CHWASTA TM #21 -A -37B INST. #020007616 PROJECT 21150 LT H OF z � o No. 1951 MICHAEL M �c Z ART � J �� u •