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PC 04-20-05 Meeting Agenda
7:00 P.M. FILE COPY AGENT,,--, FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia APRIL 20, 2005 CALL TO ORDER TAB 1) March 16, 2005 Minutes..................................................................................................(A) 2) Committee Reports.................................................................................................. (no tab) 3) Citizen Comments.................................................................................................. (no tab) PUBLIC HEARING 4) 2005 — 2010 Agricultural and Forestal District Update. This Public Hearing is to consider the renewal of the South Frederick District, and the Double Church Road District. The renewal of these districts will establish a total of 6,216 acres within the Agricultural and Forestal District Program for the ensuing five year period. Properties that are incorporated into an agricultural and forestal district are guaranteed certain protections as specified in Section 15.2-4300 of the Code of Virginia. Mr.Beniamino................................................................................................................. (B) 5) Rezoning #05-05 for Marathon Bank, submitted by Patton Harris Rust & Associates, PC, to rezone 1.0 acre from RA (Rural Areas) District to B2 (General Business) District. The properties are located on the south side of Northwestern Pike (Route 50 W), west and adjacent to Ward Avenue (Route 1317), approximately 900 feet west of the Route 37 Interchange, in the Back Creek Magisterial District, and are identified by Property Identification Numbers (PINS) 5313-3-5, 5313-3-6, 5313-3-7, and 5313-3-8. Mrs. Eddy........................................................................................................................ (C) PUBLIC MEETING 6) Buffer Distance Waiver Request for Old Massey Store, submitted by Greenway Engineering, is to consider a buffer distance waiver permitted in Article IV, Supplementary Use Regulations, Section 165-371)(1)(a), Buffer and Screening Requirements, of the Frederick County Zoning Code to allow for elements of the parking lot to be located within ten feet of the adjoining property. Mr. Cheran...................................................................................................................... (D) 7) 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 March 16, 2005 PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice Chairman/ Opequon District; George J. Kriz, Gainesboro District; John H. Light, Stonewall District; Pat Gochenour, Red Bud District; Marie F. Straub, Red Bud District; Robert A. Morris, Shawnee District; Richard C. Ours, Opequon District; Charles E. Triplett, Gainesboro District; Greg L. Unger, Back Creek District; Cordell Watt, Back Creek District; June M. Wilmot, Shawnee District; H. Paige Manuel, Member -At -Large; Gary W. Dove, Board of Supervisors' Liaison; and Lawrence R. Ambrogi, Legal Counsel. ABSENT: David Shore, City of Winchester Liaison STAFF PRESENT: Eric R. Lawrence, Planning Director; Michael R. Ruddy, Deputy Planning Director; Mark R Cheran, Zoning & Subdivision Administrator; Candice Perkins, Planner; and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. WELCOME NNE M. WILMOT SHAWNEE DISTRICT REPRESENTATIVE Chairman DeHaven welcomed Ms. June M. Wilmot to the Planning Commission. He announced that Ms. Wilmot was appointed by the Board of Supervisors on March 9, 2005 as the new representative for the Shawnee Magisterial District. MINUTES Upon motion made by Commissioner Kriz and seconded by Commissioner Triplett, the Planning Commission minutes of February 16, 2005 were unanimously approved as presented. Fredrick County Planning Commission Page 1475 Minutes of March 16, 2005 0 R I V 7 -2 - COMMITTEE REPORTS Comprehensive Plans &z Programs Subcommittee (CPPS) — 03/14/05 Mtg_ Chairman DeHaven reported that the CPPS continued discussion on the WJELUP (West Juba] Early Land Use Plan), had a brief discussion of the RA (Rural Areas) issues, and an introduction to a new study, involving the UDA (Urban Development Area). Chairman DeHaven said this committee will be commencing with their weekly meetings on Tuesdays, between 11:00 a.m. and 1:00 p.m. in the Planning Department, beginning this Tuesday, March 22. He encouraged everyone to attend and participate. Historic Resources Advisory Board (HRAB) — 03/15/05 Mtg. Commissioner Gochenour reported that the HRAB elected Ms. Rhoda Kriz as Chairman and Mr. Howard Lehman as Vice Chainnan. Commissioner Gochenour said that the By -Laws were discussed and adopted. She added that five members of the HRAB were present. Sanitation Authority — 01/15/05 Mtg. Commissioner Unger reported the following information from the Sanitation Authority meeting: February's rainfall was 1'/z inches, which is down considerably; flows in all plants are doing well; water usage is normal with just a small increase last month; the Sanitation Authority granted an easement to the Agape Church for electric across the rear of their property; and, a meeting was held with representatives of Stephens City involving the annexation to determine how much water and sewer would be needed. Winchester City Planning Commission Commissioner Ours reported that the Winchester Planning Commission recommended denial of the Residential -Transition -Commercial District which they have been working on for some time. Commissioner Ours said this proposed district was brought about by the interest in the Merrimans Lane and Sacred Heart Church area. CITIZEN COMMENTS Ms. Elizabeth Hammond came forward to discuss the pending revocation of Conditional Use Permit (CUP) #30-99 of Winchester Motor Service (The Van Man) located at 2372 Berryville Pike. Ms. Fredrick County Planning Commission Page 1476 Minutes of March 16, 2005 D 0 1 V V -3 - Hammond said that she realized the property owner, Mrs. Beach, was given additional time at the Planning Commission's February 2, 2005 meeting to clean up the property and come into compliance; however, Ms. Hammond believed that little progress has been made. Ms. Hammond said that all of the semi -trucks still remain on the property and Ms. Gloria Puffinberger, Frederick County's recycling coordinator, visited the site and reported there were over several hundred tires still remaining on the property. Ms. Hammond requested the Commission continue to look at the situation and encouraged the Commission to request photographs from the owner verifying that the clean-up has been accomplished. Mr. Michael Hopkins, a resident in the adjoining subdivision, said that a homeowners meeting was held last evening to discuss the issue of Mrs. Beach's property. Mr. Hopkins reported that the property contains considerable amounts of hazardous materials, there is an underground waste system, there are four trailers, and five trucks. He said the neighbors are very concerned about the hazardous materials and the appearance of the property. Mr. Hopkins noted that there are two signs along the road designating this area as the site of the Third Battle of Winchester and the site of origin of the City of Winchester. Mr. Hopkins presented photographs of the site to the Commission. Mr. Roger Harteau also came forward to speak regarding Mrs. Beach's property. Mr. Harteau said that one of the primary issues of concern to him and the other adjoining property owners is that the semi - tractors continue to come onto the property at all hours of the night and idle 24 hours, seven days a week He said the noise echoes throughout the entire valley. Mr. Harteau stated that other neighbors are actively notifying the County about their complaints; he believed there were 18 in all. Mr. Harteau told the Commission that he had not recognized any improvement in the appearance of the property since the Planning Commission's previous consideration of this CUP. He did not believe that Mrs. Beach should be given any additional time. Chairman DeHaven announced that the staff would have a report regarding the status of this property at the end of this evening's meeting under "Other." PUBLIC SERVICE ANNOUNCEMENT BY COMMISSIONER GOCHENOUR Commissioner Gochenour announced that listening devices are available in the Board Room for use by the hearing impaired, so that they, too, may participate in the meetings of the Planning Commission and the Board of Supervisors. PUBLIC HEARING Rezoning #01-05 of Russell 150, LC, submitted by Greenway Engineering, to rezone 96.28 acres from RA (Rural Areas) District to B2 (Business General) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers. This property fronts on the west side of Front Royal Pike (Rt. 522), opposite Airport Road (Rt. 645), and is identified with P.I.N. #64-A-10 and 64-A-12 in the Shawnee Magisterial District. Action — Recommended Approval with Proffers & Best Management Practices Fredrick County Planning Commission D Page 1477 Minutes of March 16, 2005 D N p V V -4 - Planning Deputy Director, Michael R. Ruddy, reported that the parcels comprising the rezoning are located within the County's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); the properties are also located within two small area land use plans: the Rt. 50 East Land Use Plan (LUP) and the Southern Frederick Land Use Plan (SFLUP). Mr. Ruddy explained that the Rt. 50 East LUP envisions a commercial mix of business and office uses and likewise, the SFLUP designates commercial development between Warrior Drive and I-81 and mixed use development east of Warrior Drive. He pointed out that the proposed rezoning application requests only a residential classification in the area designated for mixed use in the SFLUP. It was noted that this could place a greater burden on the remaining portion of the SFLUP to provide the commercial component of the mixed use development. Mr. Ruddy stated that the Eastern Road Plan identifies Warrior Drive and the extension of Airport Road from its current terminus, over I-81, into the City of Winchester, as improvements that directly relate to the Russell 150 property. He said that WATS (Winchester Area Transportation Study) further identifies these improvements and provides a U4R (Urban 4 -lane divided) designation for the typical sections of these improvements. Mr. Ruddy explained that the applicant proposes the participation in a Community Development Authority (CDA) program designed to finance the construction of several transportation improvements, which include the I-81/East Tevis Street flyover bridge and the thoroughfares of Warrior Drive, Airport Road extended, and East Tevis Street within the limits of the project. Regarding environmental features, Mr. Ruddy identified Buffalo Lick Run and its associated floodplain and tributaries as warranting particular attention. He said the applicant has stated his intent to enhance the protection of the Buffalo Lick Run by expanding the riparian buffer 35 feet from the Channel Scar Line and by placing additional protection in the form of open space over the slopes and wooded areas that surround the stream valley. However, he noted that the submitted proffer statement does not include such commitment. Focusing on the potential impacts, Mr. Ruddy stated that the applicant had not proffered a commitment to the number of residential units. In addition, no commitment to the mix of business -general uses or limitations on the square footage of business uses had been proffered. He said that much of the analysis in the Impact Statement is based upon a proposed total of 294 single-family attached residential units, 264,000 square feet of office use, and 440,450 square feet of retail use. He explained that the maximum densities and square footage allowed by the ordinance far exceed these projections and if the applicant chooses to increase the square footages, the results of the Impact Statement and the Traffic Impact Analysis will be influenced. Furthennore, he said the proffer statement does not include any language or conunitment to enhance the landscaping, signage, and other corridor appearance goals as described in the Impact Statement. Mr. Ruddy also referred to the continent provided by the Winchester Regional Airport, noting that the applicant should consider offering erdnanced notification to future residential property owners regarding aircraft noise associated with airport operations. Upon the request of members of the Plamning Connrnission, Mr. Ruddy next gave a brief explanation of the Cormnunity Development Authority (CDA) Special Taxing District and the implications of the applicant's proffer commitment to fully participate in the Special Taxing District. Mr. Benjamin M. Butler, the attorney representing the petitioner, explained that at least 50% of the landowners in a jurisdiction are needed to petition to form a CDA. Mr. Butler said that in this particular case, the only owner of the property is the developer, Russell 150, LC, a group of local business people headed by ase Denver E. Quinnelly, Manager. He explained that a tax is levied only on this property and in this particular case, Fredrick County Planning Commission Page 1478 Minutes of March 16, 2005 DC�aC�� -5 - was set up for a 30 -year period; this tax basically pays back the bonds, over a designated period of time, that are used for the construction of infrastructure. Mr. Butler further explained that it is attractive to the County because it allows the infrastructive to be built all at one time. The citizens of Frederick County are not taxed; only this particular land and the people who purchase this land are subject to the tax. Mr. Butler added that VDOT is having difficulty coming up with the funds necessary to construct roads and this is an opportunity to have the developers pay for the work that is needed. Mr. Evan A. Wyatt of Greenway Engineering, the design engineers for the project, gave an explanation of the progression of CDA funding, noting that first a CDA is created; second, a rezoning is approved; and once the bond issuers know there is a project, the release of funds is then authorized. He said the funds in this particular case will be used to construct the four -lane bridge crossing of I-81, as well as the road infrastructure improvements mentioned by the staff. Mr. Wyatt pointed to the locations for the proposed road infrastructure improvements, which included a four -lane flyover bridge over 1-81; the portion of East Tevis Street which is located on the property, a portion of Warrior Drive which is located on the property; and Airport Road extended to Rt. 522. He estimated that road infrastructure improvements equated to ten million dollars. Mr. Wyatt said that provisions will be made for a 120 -foot right-of-way for Warrior Drive and East Tevis Street, and there will be a variable right-of-way for the Airport Road extension. He added that an inter -modal opportunity exists with this improvement and bicycle paths, as well as sidewalks, will follow these road systems. Mr. Wyatt continued, answering a question about the ability to continue East Tevis Street from the western limits of the property to Rt. 522; he said this particular improvement does not qualify for CDA funding because it is not within the CDA overlay. Mr. Wyatt said that the applicant has agreed to work with VDOT to assist in this matter and will be engineering the public improvement plan to proceed with getting everything in place, including VDOT's review and approval, and as right-of-ways become available, the applicant will work with VDOT to make sure those are dedicated to VDOT at no cost. As a result, only the construction element will remain when that opportunity arises. Mr. Wyatt next addressed a staff continent regarding the potential increase in commercial square footage. Mr. Wyatt showed the Conirrussion a conceptual layout, porting out that so much land area is lost to surface parking that the square footages are not likely to increase airy further because there is no room left for parking. He said that their studies of connmercial and office use areas indicate there is about a .2 FAR that is actually developable, while the County's rezoning package suggest a .5 FAR. Mr. Wyatt believed that if they under estimated the commercial, it was probably not by much. Mr. Wyatt next spoke about the GDP and the proffer language concerning the proposed traffic circle where Warrior Drive intersects with Airport Road extended. Mr. Wyatt said that this traffic circle, or round -about, was the result of various alignment studies conducted in conjunction with VDOT. Mr. Wyatt said that he was contacted by the traffic consultant about the possibility that a round -about may not be the correct design, based on the possibility that Warrior Drive could potentially be a six -lane road section in this area. In addition, there are questions about studies done 20 years after build -out concerning whether or not it would function just as well as an intersection. Mr. Wyatt stated that he was bringing this point up, not because he wanted to eliminate the round -about, but he did not want to get into a situation where a GDP shows a round -about and the language in the proffer specifies a round -about, and then VDOT decides they would prefer to do something else. Mr. Wyatt said that the proffer they send forward to the Board will have some additional wording to give VDOT flexibility during the design phase, to use either a round -about or another ultimate section. Mr. Wyatt wanted this to be made a part of the record to eliminate having to come back through another rezoning process if this were to occur. Fredrick County Planning Commission Page 1479 Minutes of March 16, 2005 I i I I n n V 7 With regard to the notification of future residential property owners concerning the possibility of airport -related noise, Mr. Wyatt agreed to place a narrative on the MDP making a commitment to provide a disclosure statement that meets the Winchester Regional Airport's expectations. Commissioner Thomas inquired if it was possible to add a guarantee that commercial development will be started within so many months of constructing the first residential units. Mr. Wyatt replied that first, both the residential and the commercial pay the additional tax on the CDA. Secondly, he said that because the transportation infrastructure will be going in up front, these properties will be marketable very quickly. Mr. Wyatt said that they have provided a monetary proffer and have phased the residential to a four-year build -out; however, he was not willing to commit to a commercial start date. Commissioner Thomas suggested that if the portion of East Tevis Street that connects from the property boundary to Route 522 is not constructed, that it would be a mistake to build the fly -over across I-81 because of the significant changes in the traffic patterns that would be created on Pleasant Valley Road out to Rt. 522. Mr. Wyatt agreed it would be advantageous to have East Tevis Street all the way across; however, the adjoining property owner decided not to participate in the CDA because his property is already zoned commercial and he has much less land to deal with. Mr.. Wyatt added that the traffic impact analysis was prepared and modeled without showing the East Tevis Street connection to Rt. 522 and with the square footages aforementioned, the intersection still functioned at the acceptable LOS "C." In addition, Commissioner Thomas was concerned about the amount of non -pervious areas that will be constructed with parking and the significant detrimental impact to the environment that could result. Commissioner Thomas asked Mr. Wyatt if he would consider guaranteeing the use of green design standards for the parking and storm water management areas to mitigate tine amount of run-off and the resulting oil and chemical pollution that could occur in the stream bed. Mr. Wyatt said that if the owners are amenable to some type of best management practice technique, it would be added prior to going to the Board of Supervisors. Commissioner Kriz inquired if the farm complex would be destroyed and if any of the HRAB recommendations could be accomplished. Mr. Wyatt replied that the structures will be eliminated; however, they would commit to catalog and inventory the structures and submit those to the Virginia Department of Historic Resources. Commissioner Ours asked about the possibility of a commitment to establishing design standards for the overall project development, as it relates to corridor appearance, and especially, visibility from I- 81. Mr. Wyatt stated that the property will be marketed to a wide variety of commercial -retail office users and because of the special taxing involving the CDA, the owners do not want to limit their market potential; he said the owners believe the design standards within the B2 ordinance are appropriate. Commissioner Ours remarked that he would still like to see consistency of design. Commissioner Straub suggested the possibility of removing the residential component of the project. She said the airport is already receiving noise complaints from as far away as Red Fox Run and the proposed residential portion of this project is within the airport's flight plan. Furthermore, Commissioner Straub noted that 300 dwellings would create 150-200 additional school children that would impact schools that were already over crowded. Commissioner Gochenour read portions of the HRAB's letter which stated the HRAB's desire to see the existing farm buildings saved and incorporated into the entrance of the conunercial area. Commissioner Fredrick County Planning Commission Minutes of March 16, 2005 0 N p V Page 1480. V -7- Gochenour next inquired about the possibility of conducting an environmental impact study because of the extensive roads planned for the project. Commissioner Gochenour also expressed concern that the stream banks of Buffalo Lick Rim were too steep and unsuited for recreation areas offered by the applicant and the asked if the sloping areas could be vegetated to the top of the slope and a more useful recreational area developed on level land. Chairman DeHaven asked Mr. Wyatt if he would confirm the wording of the term, ultimate pavement section, for the East Tevis Street and Warrior Drive extensions. Mr. Wyatt responded that they are looking at four travel lanes, two travel lanes in each direction; a divided median to allow for controlled lefts; continuous rights; and, sidewalks and bicycle facilities, which will match existing sections headed in that direction. Mr. Wyatt hoped to achieve agreement on those typical sections during a meeting with VDOT and the bridge consultants prior to the Board's review. Chairman DeHaven asked if it would be safe to assume that the applicant will be determining the width of pavement sections for right-of-ways for Airport Road extended through that same process and Mr. Wyatt replied yes. Chairman DeHaven next asked Mr. Wyatt if he could confirm the conceptual study that was done showing an additional connection to Rt. 522 and if this was the temporary connection described in the proffer statement. Mr. Wyatt confirmed this and also described a connection to the Kokorsky property. He believed that as this quadrant develops, additional feeder roads will be needed. Chairman DeHaven asked if the temporary access to Rt. 522 would be eliminated once the Kokorsky property develops. Mr. Wyatt replied that would occur at VDOT's discretion. Commissioner Light again raised the issue of corridor design standards. He asked the applicants to make every effort to create a model development for this area; he commented that this area probably had the highest volume of traffic in the entire county. Other commission members agreed. Chairman DeHaven next called for public comments, however, no one came forward to speak. Commissioner Moms made a motion to approve Rezoning Application #01-05 of Russell 150, LC, with proffers and this motion was seconded by Commissioner Kriz. Commissioner Thomas requested that the motion consider the applicant's offer to incorporate best management practices for the design of the parking and the non -porous surface areas to improve drainage and storm water management. Comunissioner Morris accepted that amendment to the motion and Commissioner Kriz concurred with his second. Commissioner Gochenour next made a motion to include a requirement in the approval motion for the applicant conduct an enviromnental impact study with regard to Buffalo Lick Run. This was seconded by Commissioner Straub. This motion was defeated, however, by the following vote: YES (TO REQUIRE AN ENVIRONMENTAL STUDY): Straub, Gochenour NO: Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot Chairman DeHaven next called for the vote on the motion for recommendation of approval with proffers and the acceptance of the applicant's offer to consider best management practices during construction and design. This motion passed by a majority vote. Fredrick County Planning Commission Page 1481 Minutes of March 16, 2005 0 0 N V 7 BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Rezoning #01-05 of Russell 150, LC, submitted by Greenway Engineering, to rezone 96.28 acres from RA (Rural Areas) District to B2 (Business General) District and 54 acres from RA (Rural Areas) District to RP (Residential Performance) District with proffers, including the applicant's offer to incorporate best management practices for the design of the parking and the nonporous surface areas to improve drainage and storm water management. The majority vote was as follows: YES (TO APPROVE REZONING W/ PROFFERS & BMPs): Straub, Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Manuel, Wilmot NO: Gochenour Rezoning 902-05 of Adams Development Group, submitted by Greenway Engineering, to revise proffers attached to Rezoning 411-04 of Adams Development Group concerning the rezoning of 59.708 acres to B3 (Industrial Transition) District. This property fronts on the west side of Martinsburg Pike (Rt. 11), opposite the intersection with Stephenson Road (Rt. 664), and it is identified with P.I.N. 44-A-75 in the Stonewall Magisterial District. Action — Recommended Approval of Revised Proffers Planner Candice E. Perkins reported that this rezoning application is a request to revise the approved proffers associated with Rezoning 411-04 for a 59 -acre tract, zoned B3 (Industrial Transition). Ms. Perkins said that Rezoning # 11-04 had restricted the pennitted uses on the site to office, warehousing, and self - storage facilities. She stated that the applicant is requesting to revise these proffers to add building materials and lumber stores and wholesaling with accessory retail to the allowed uses of the property. Ms. Perkins noted that it is the intent of this request that the new uses will not affect the trip generation for the site, as the applicant has reduced the maximum square footages of the other uses. She said that VDOT has reviewed the proposed changes and is still satisfied with the improvements being provided by the applicant. Planner Perkins added that along with this proffer revision, the applicant proposes to relocate the south buffer fence to the northern side of the storm water management area and will utilize plantings recommended for riparian zones. She said that this revision is intended to help preserve the existing wetlands located at the southern portion of the property. The applicant is also revising the monetary contribution per square foot to maintain a similar dollar figure proffered with Rezoning # 11-04. Mr. Evan A. Wyatt with Greenway Engineering, the engineeru-ig and design consultants for the project, stated that in order to maintain the same impact approved previously, they ratcheted down the square footages that were approved during the previous rezoning to a level where the traffic generation volumes from the site were identical. He said that all previously -approved transportation improvement proffers were left in place and they increased the monetary proffer to keep consistency with what was previously approved for fire and rescue impacts. At the request of Commissioner Gochenour, Mr. Wyatt reviewed the plans for the wetlands preservation area; he said that basically, it will be a non -disturbed area because of the pristine nature of the wetlands. They will relocate the sewer force main completely outside of the wetland area and they are moving the Fredrick County Planning Commission Page 1482 Minutes of March 16, 2005 0 N a F i Mn six-foot high fence to the other side of the sewer force main. He said that instead of the typical landscape plants, they are introducing plant materials recommended by the Department of Forestry for riparian zones and Best Management Practices have been proffered. Chairman DeHaven called for public comments, however, no one came forward to speak. No issues of concern were raised by the Commission. Upon motion made by Commissioner Light and seconded by Corn missioner Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Rezoning 902-05 of Adams Development Group, submitted by Greenway Engineering, to revise proffers attached to Rezoning # 11-04 of Adams Development Group by adding "building materials and lumber stores" and "wholesaling with accessory retail" to the allowed uses of this B2 property. PUBLIC MEETING Master Development Plan 905-05 of Briarwood III, submitted by Patton, Harris, Rust & Associates, PC for single-family detached urban dwelling units. This property is located east of Greenwood Road (Rt. 656), south and adjacent to the Briarwood Subdivision, and is identified with P.I.N. 55-A-200 in the Red Bud Magisterial District. Action — Recommended Approval with Waiver Commissioner Manuel said that he would abstain from all discussion and voting on this item due to a possible conflict of interest. Planner Candice E. Perkins reported that this master development plan (MDP) is a proposal to develop 69 single-family detached urban lots on a 29.9 -acre tract of land, zoned RP (Residential Performance). She said the rezoning was approved in October of 2004 with proffers. Ms. Perkins stated that with this MDP application, the applicant is seeking a waiver of Section 165-33B(3) of the Frederick County Zoning Ordinance to allow undisturbed portions of the required riparian buffer to be located within the setback and yard areas on some of the residential lots. She explained that the intent of this waiver provision is to allow the undisturbed portions of the buffer to be located within the yard areas of residential lots when the extent, location, and disturbance of environmental areas make it impractical to place the undisturbed areas in common open space. She pointed out that the staff's concerti is that the placement of such environmental features in residential lots will result in the loss of integrity of this environmental feature and, therefore, defeats the purpose of preserving the area. Furthermore, she said that the staff has not yet seen a layout for the lots and believes the applicant needs to justify why it is necessary to place the riparian buffer within these lots. In conclusion, Ms. Perkins said that with the exception of the waiver, this MDP is in conformance with the requirements of the zoning ordinance and the proffers from the rezoning. Mr. Charles E. Maddox, Jr., P.E., with Patton, Harris, Rust & Associates, PC, the project engineer, stated that one of the principal issues during the rezoning was the solid waste collection and the suggestion that door-to-door trash pickup be used. Mr. Maddox said the homeowners association has been set up Fredrick County Planning Commission Minutes of March 16, 2005 D n Page 1483 W M -10 - to allow for the collection of fees for door-to-door pickup and they are continuing to look into the feasibility of this issue. Addressing the wetlands disturbance, Mr. Maddox said that the County's Public Works Director, Mr. Ed Strawsnyder visited the site and the percentages of wetlands disturbance will be calculated and placed on the MDP before going forward to the Board of Supervisors. He assured the Commission that adequate protection of riparian buffers could be provided during construction and also after their incorporation into the setback and yard areas of individual residential lots. He said that language will be added to their plans for a substantial silt fence barrier to be placed along the riparian buffer at the onset of construction and clearly identified throughout the construction period. In addition, appropriate language will be incorporated within deed covenants and restrictions, by-laws, and individual plats, prior to approval by the staff. Mr. Maddox said that streams throughout this site are intermittent, not perennial, and they meander erratically through this site. He said that incorporating portions of the riparian buffer areas within individual lots will allow the applicant to straighten out property lines and will eliminate placing a number of different angle points onto a property, which may create problems for property owners in the future. In response to questions from Commissioner Unger, Mr. Maddox stated that no building pads will be located within the riparian buffers. In addition, every house adjacent to a stream will be individually site - planned by engineers and approved by the County, eliminating any potential for streams to flood housing. Commissioner Straub expressed concern about the timing of this development and the impact of additional school children on already -overcrowded schools in the Senseny Road area. Cominissioner Gochenour was not in favor of granting waivers involving natural waterways, wetlands, and woodlands, particularly for the purpose of straightening property lines. Chairman DeHaven called for public continents and the following person came forward to speak: One citizen came forward to express dissatisfaction with the removal of trees and other environniental in -►pacts associated with developments being considered by the County. The majority of coni nission members did not have a problem with granting a waiver on six lots for a maximum of 0.2 acre; however, they were not in favor of granting the waiver for the entire project. Upon motion made by Commissioner Thomas and seconded by Commissioner Ours, BE IT RESOLVED, That by a majority vote, the Frederick County Planning Commission does hereby recommend approval of Master Development Plan 905-05 of Briarwood III, submitted by Patton, Harris, Rust & Associates, PC, for single-family detached urban dwelling units with the requested waiver, which the applicant has offered to limit to six lots and an accumulative total of 0.2 acres. The vote was as follows: YES (TO APPROVE MDP W/ WAIVER): Watt, Unger, Morris, Light, DeHaven, Thomas, Ours, Kriz, Triplett, Wilmot NO: Straub, Gochenour ABSTAIN: Manuel Fredrick County Planning CommissionOWN Page 1464 Minutes of March 16, 2005 V -11 - OTHER PLANNING COMMISSION RESOLUTION ON THE RURAL AREAS STUDY A motion was made by Cormnissioner Kriz, seconded by Commissioner Ours, and unanimously passed to forward the following resolution to the Board of Supervisors concerning the Rural Areas Study: BE IT RESOLVED, That by a unanimous vote, the Frederick County Planning Commission respectfully recommends that the Ad -Hoc Committee, the Planning Commission, the Planning Staff, and other interested parties, be given 30 days to review and groom the Rural Areas Study recommendations which are on the table and report back to the Frederick County Board of Supervisors. In order to assist the Planning Coni nission and others in the review of the Rural Areas Study recommendation, Commissioner Thomas suggested that the staff formulate a matrix summary comparing the proposals of the Comprehensive Plans & Programs Subconumttee's study and the Ad -Hoc Group's study. He commented that there were probably only ten to twelve areas of difference between the two documents. Commissioner Thomas suggested that a list be created showing the items of agreement, the areas that may be negotiated with ease, and then the items of contention that will need more effort. Commissioner Thomas anticipated that once the documents are compared with a list of the basic principles of both, there will probably be more agreement than disagreement between the two. UPDATE ON THE REVOCATION OF CONDITIONAL USE PERMIT 930-99 OF WINCHESTER MOTOR SERVICE (THE VAN MAN) Zoning and Subdivision Administrator, Mark R. Cheran, reported that on February 2, 2005, the Planning Commission considered the revocation of Conditional Use Permit #30-99 of Winchester Motor Service ("The Van Man") to operate a public garage without body repair at 2372 Berryville Pike (Rt. 7 East). At that meeting, the Planning Commission granted the applicant 90 days to come into compliance with the conditions of the permit. Mr. Cheran stated that as of today, the owner has not yet come into compliance. He said the staffhas made contact with the owner of the property and is working towards bringing the property into compliance. Mr. Cheran reported that the staff continues to receive ongoing complaints; the staff has observed trucks at various hours of the day and night; and, the staff also believes the trucks may be the result of a landlord/ tenant dispute. He reported that the Health Department has been notified about the septic system mentioned through complaints and the recycling coordinator visited the site and has issued a letter concerning the storage of tires. He stated that tomorrow, the staff will make contact with the property owner and, along with all the reviewing agencies, will visit the property and establish a concrete report. Mr. Cheran added that it was his understanding that the Department of Environmental Quality had also been notified. Fredrick County Planning Commission Page 1485 Minutes of March 16, 2005 D n M L1J„ut V Y -12 - ADJOURNMENT No further business remained to be discussed and the Planning Commission adjourned by a unanimous vote at 9:10 p.m. Respectfully submitted, Charles S. DeHaven, Jr., Chairman Eric R. Lawrence, Secretary Fredrick County Planning Commission Page 1486 Minutes of March 16, 2005 0 0 NP V r-. u :� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 ME 101 l-il WDV1Yl To: Frederick County Planning Commission From: David M. Beniamino, Planner I E Subject: Public Hearing: Renewal of the 2005-2010 Agricultural & Forestral Districts Date: April 5, 2005 Frederick County currently has three Agricultural and Forestral districts, the South Frederick, (166 parcels totaling 11,451 acres) Double Church Road, ( 37 parcels totaling 1,524 acres) and Refuge Church Road (15 parcels totaling 468 acres). Established in 1980, the South Frederick agricultural and forestral district has been renewed four times, most recently in March of 2000. Both the Double Church Road and Refuge Church Road agricultural and forestral districts were established in 1995 and have been renewed once. Chapter 43, Section 15.2-4300 of the Code of Virginia , 1950, as amended, enables local governments to establish Agricultural and Forestral Districts to conserve and protect agricultural and forestral lands for the production of food and other agricultural products and to provide natural and ecological resources. The Code of Virginia requires the local governing body to establish an ADAC for the purpose of reviewing proposals that establish or renew districts to ensure conformity with the provisions of section 15.2-4300. Ultimately, the Board of Supervisors approves, approves with modifications, or denies the proposal to establish or renew an Agricultural and Forestral Districts. Since the County's Agricultural and Forestral Districts were initially established in 1980, the number of properties participating in the district has either increased or remained constant. However, this year we have seen a dramatic decrease in the number of properties that have either renewed their participation or new properties asking for inclusion into the districts. In early 2004, the County undertook a study to determine what, if any, changes to the County's Comprehensive Policy Plan were necessary to help plan for growth in the rural areas. At the time of this Agricultural & Forestral District renewal, the rural area study has not been completed. This could account for some of the low participation rate in the Agricultural and Forestral Districts. Since the Code of Virginia requires the County to renew these districts every five years, the County is moving forward with this process. However, once the rural areas study is completed, the County will offer property owners another chance to participate in the Agricultural and Forestral District program. 107 North Kent Street, Sauate 202 - Winchester, Vi rginla 22601-5000 Renewal of the 2005-2010 Agricultural & Forestral Districts April 5, 2005 Page 2 Staff has concluded that under the requirements of Chapter 43, Section 15.2-4300, not enough property owners have renewed their applications to keep the Refuge Church Road Districts. Both the South Frederick and Double Church Road districts remain eligible for renewal. The following information under this agenda item includes a summary of the new Agricultural and Forestral District that is proposed, tables containing property owner information, as well as maps to clearly represent both the old and new districts discussed above. In their meeting on March 29, 2005, the Frederick County Agricultural Advisory Committee passed on a recommendation of approval for the renewal of the aforementioned Agricultural & Forestral Districts. Following this public hearing, it is appropriate for the Planning Commission to forward a recommendation to the Board of Supervisors for consideration. 2005-2010 Agricultural & Forestral Districts Map Number Owner Information Acreage District 51 A 42 MERRINER, JAMES M & LAURA L 24.50 South Frederick 51 A 42A MERRINER, JAMES M & LAURA L 90.82 South Frederick 51 A 42B MERRINER, JAMES M & LAURA L 6.01 South Frederick 52 A 300 DTS, LC 305.43 South Frederick 60 A 73B FAWCETT, ROBERT L 18.87 South Frederick 60 A 75 TRIPLE S ASSOCIATES 39.03 South Frederick 61 A 7 SNAPP, R ROLAND & ELIZABETH A 109.51 South Frederick 61 A 8 SNAPP, R ROLAND 5.00 South Frederick 61 A 9 SNAPP, R ROLAND 97.00 South Frederick 61 A 21 BHS, LC 34.00 South Frederick 61 A 22 WRIGHT, VERNON C & EULA H 89.48 South Frederick 61 A 23 BHS, LC 154.75 South Frederick 61 A 23A BHS, LC 1.00 South Frederick 61 A 24 BHS, LC 20.16 South Frederick 61 A 25 BHS, LC 5.50 South Frederick 61 A 26 BHS, LC 4.50 South Frederick 61 A 27 BHS, LC 4.00 South Frederick 61 A 29 BHS, LC 1.25 South Frederick 61 A 30 WOODBINE FARMS, INC. 44.00 South Frederick 61 A 31 NELSON, LINDA K 52.32 South Frederick 61 A 34 WOODBINE FARMS, INC. 14.00 South Frederick 61 A 37 WOODBINE FARMS, INC. 11.60 South Frederick 61 A 40 SNAPP, R ROLAND & ELIZABETH A 28.00 South Frederick 61 A 41 SNAPP, R ROLAND 42.00 South Frederick 61 A 43 SNAPP, R. WAYNE ETALS 7.50 South Frederick 61 A 43A SNAPP, R. WAYNE ETALS 37.50 South Frederick 61 A 43B SNAPP, R. WAYNE ETALS 10.00 South Frederick 61 A 43E MELBY, ROBERT J & CAROL J 1.00 South Frederick 61 A 44 SNAPP, R ROLAND 2.00 South Frederick 61 A 45 FAWCETT, THOMAS L 35.99 South Frederick 61 0 96 KA R�. AA LD LLD 1 �I0 . JJ nc I South Frederick 61 A 106 M & M LP, LLP 42.00 South Frederick 61 A 107 M & M LP, LLP 19.00 South Frederick 61 A 116 M & M LP, LLP 44.76 South Frederick 61 A 117 M & M LP, LLP 29.00 South Frederick 61 A 118 M & M LP, LLP 77.50 South Frederick 61 A 119 M & M LP, LLP 16.00 South Frederick 61 A 120 M & M LP, LLP 9.92 South Frederick 61 A 126 M & M LP, LLP 11.00 South Frederick 61 A 127 M & M LP, LLP 166.62 South Frederick 61 A 128 WOODBINE FARMS, INC. 137.50 South Frederick 61 A 129 WOODBINE FARMS, INC. 48.00 South Frederick 61 A 130 WOODBINE FARMS, INC. 30.00 South Frederick 61 A 131 WOODBINE FARMS, INC. 7.75 South Frederick 62 A 21 DAVIDSON, BRUCE R JR & KELLIE JEAN 9.15 South Frederick 62 A 21A HUMPHREYS, JAMES C & SUESAN E 5.00 South Frederick 62 A 22 GROUNDWATER, ROBERT B & MARY SUE 10.54 South Frederick 62 A 27 COPENHAVER, EDWARD C, DECEASED 1.00 South Frederick 62 A 28 COPENHAVER, EDWARD C, DECEASED 76.37 South Frederick 62 A 57A MELCO, INC 46.48 South Frederick 62E 1 2 VICKERS, JAMES T. 6.14 South Frederick 62E 1 5 VICKERS, JAMES T. 5.11 South Frederick 62E 1 3 14 GOSA, JAMES J. & PATRICIA R. 5.41 South Frederick 62E 1 5 23 ENGELAGE, JAMES ROLAND & MARCIA E 5.00 South Frederick 62E 16 25 NERANGIS, NICHOLAS J & KATHLEEN B 5.01 South Frederick 62E 16 26 NERANGIS, NICHOLAS .i & KATHLEEN B 10.00 South Frederick 62E 16 27 NERANGIS, NICHOLAS J & KATHLEEN B 5.10 South Frederick 72 A 29L STOUT, JEFFREY T 15.85 South Frederick 72 A 45 DOGWOOD KNOLL, LC 5.25 South Frederick 72 A 53 MCDONALD, ALBERT A & SYLVIA 197.00 South Frederick 72 A 58 BAUGHMAN, VASILIKI K 168.50 South Frederick 72 A 59 BAUGHMAN, VASILIKI K 20.00 South Frederick 72 A 82 MEAGHER, CONSTANCE M 12.00 South Frederick 72 A 83 MEAGHER, CONSTANCE M 0.50 South Frederick 73 A 3 V P I & STATE UNIVERSITY 119.78 South Frederick 73 A 4 DOGWOOD KNOLL, LLC 50.00 South Frederick 73 A 10 BHS, LC 190.80 South Frederick 73 A 10A FRUIT HILL ORCHARD, INC. 5.00 South Frederick 73 A 13 SNAPP, ALFRED L. & SON, INC. 84.69 South Frederick 73 A 16 KSS, LC 134.21 South Frederick 73 A 17 KSS, LC 160.00 South Frederick 73 A 18 BAUSERMAN, CHARLES C 135.93 South Frederick 73 A 20 BAUSERMAN, CHARLES C 234.43 South Frederick 73 A 21 WOODBINE FARMS, INCORPORATED 271.00 South Frederick 73 A 27 RIDINGS, L VERNON RESIDUAL TRUST 4.00 South Frederick 73 A 29 RIDINGS, RUBY 46.57 South Frederick 73 A 30 RINKER, DUDLEY H. 4.83 South Frederick 73 A 30A NOFFKE, KENTON L & KATHY C 1.71 South Frederick 73 A 30B ANDERSON, SHIRLEY K 5.95 South Frederick 73 A 30E RINKER, DUDLEY H. 1.01 South Frederick 73 A 30H SWACK, JOSEPH J. & PHYLLIS S. 6.15 South Frederick 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 73 74 74 74 74 74 74 74 74 83 83 84 84 84 84 84 84 84 84 84 85 85 85 85 85 85 85 85 85 86 A A A A A A A A A A A A A A A A 12 12 12 12 12 12 A A A A A A A A A A A A A A A A A A A A A A A A A A A A A 30H SWACK, JOSEPH J. & PHYLLIS S. 6.15 South Frederick 301 RINKER, DUDLEY H. 6.43 South Frederick 31 WOODBINE FARMS, INC. 83.62 South Frederick 34 HAMILTON, CHARLES A. 4.80 South Frederick 38 ORNDORFF, MARK A & ROXANNA M 3.57 South Frederick 39 CARBAUGH, DAVID HENRY 11.90 South Frederick 63 BHS, LC 240.17 South Frederick 64A DILLENDER, HOLLY B & SAMUEL C JR 2.32 South Frederick 66 WOODBINE FARMS, INC. 280.01 South Frederick 67 WOODBINE FARMS, INC. 23.00 South Frederick 90B ANDERSON, DANIEL W & SANDRA K 7.92 South Frederick 94 RIDINGS, L VERNON RESIDUAL TRUST 12.35 South Frederick 100 ANDERSON, PAUL G JR & MARY EDNA 100.00 South Frederick 101 BAUSERMAN, STANLEY L 69.00 South Frederick 103 HUEY, JAMES Q. JR. & JO ELLEN 24.40 South Frederick 104 WINCHESTER WAREHOUSING, INC 103.85 South Frederick 11 MURPHY, CHARLES R & VICKY O 2.86 South Frederick 13 SIMPSON, MILDRED S 4.91 South Frederick 15 KIM SUE CORP & H B 10.74 South Frederick 16 SIMPSON, JOHN 1 59.88 South Frederick 23 HLAVINKA, DAVID D & PATRICIA E 2.98 South Frederick VANLANDINGHAM, A RENEAU JR & 26 PAMELA 2.29 South Frederick 12 BARLEY, GLENN & MARY K. 9.00 South Frederick 14 HUMPHRIES, CHERYL W 2.00 South Frederick 15 WHITNEY, PHILIP B 3.00 South Frederick 15A HUMPHRIES, CHERYL W, 1.23 South Frederick 15B WHITNEY, PHILIP B 32.77 South Frederick 18 WINCHESTER WAREHOUSING, INC 109.14 South Frederick 18A WINCHESTER WAREHOUSING, INC 80.00 South Frederick 18B WINCHESTER WAREHOUSING, INC 58.39 South Frederick 87 REZIN, JEFFREY L & SHARON K 20.57 South Frederick 100 HUFFMAN, WINSTON D & ELIZABETH G 14.66 South Frederick 2 MEAGHER, CONSTANCE M 66.50 South Frederick 6 MEAGHER, CONSTANCE M 60.00 South Frederick 29 WOODBINE FARMS, INCORPORATED 106.46 South Frederick 40 SNAPP, ALFRED L & SON, INC. 69.30 South Frederick 40A SNAPP, ALFRED L. JR. & BETTY V. 46.00 South Frederick 41 REDMILES, DONALD R & STELLA M 6.00 South Frederick 42A RAMEY, WADE A & ANGELA 1 6.00 South Frederick 44 RIDINGS, L VERNON RESIDUAL TRUST 51.95 South Frederick 50 WOODBINE FARMS, INCORPORATED 197.00 South Frederick 1 NATIONAL FRUIT ORCHARDS, INC 122.29 Double Church 25 CLEM, FRED E. & ELOISE L 0.50 Double Church 33 JUDD, JESSIE F 0.37 Double Church 125 RITENOUR FARM L.P. 125.00 Double Church 130 RITENOUR FARM L.P. 55.00 Double Church 131 RITENOUR FARM L -P, 178.67 Double Church 131A STELZL, BETTY R 24.74 Double Church 132 RITENOUR, SANDRA R 3.67 Double Church 139 SCOTHORN, GARY L & STEPHEN P 103.60 Double Church 27 RITENOUR, ARTHUR B. JR. 10.50 Double Church 86 A 32 MADAGAN, STUART M TRUSTEE 74.53 Double Church 86 A 35 FAIRVIEW-SPRINGHILL FARMS 105.39 Double Church 86 A 70 WYMER, KENNETH E. 28.98 Double Church 86 A 72B WYMER, KENNETH E.& 10.21 Double Church 86 A 230A GORE, JEFFERY M & JOSEPH F 0.97 Double Church 86 A 230B GORE, JEFFREY M 21.03 Double Church 86 A 231 GORE, FRED B ET ALS 2.50 Double Church 86 A 241 COPP, KARL R. 10.59 Double Church 86 A 242 IRELAND, WILLIAM H. 3.00 Double Church 86 A 242 IRELAND, WILLIAM H. 3.00 Double Church 86 A 245 BOOTH, JOHN H. & VIRGINIA G. 0.50 Double Church 86 A 245 BOOTH, JOHN H. & VIRGINIA G. 0.50 Double Church 86 A 264 RITENOUR, ARTHUR B. JR. 0.50 Double Church 86 A 264A RITENOUR, ARTHUR B. JR, 0.53 Double Church 86B 5 1 1 DALE, DENNIS M. & MARTHA S. 1.00 Double Church 93 A 23 CONNER, RAYMOND E. 32.00 4r 2005-2010 Frederick County Agricultural & Forestral Districts \I U� 00.26.5 1 1.5 2 2.5 Miles p ® South Frederick District EA Double Church Road District <7 Comparison of NEW to OLD Agricultural & Forestral Districts 00.29.5 1 1.5 2 2.5 Miles = 2005-2010 A & F Districts Double Church I� Refuge Church South Frederick REZONING APPLICATION #05-05 MARATHON —DANK Staff Report for the Planning Commission Prepared: April 5, 2005 Staff Contact: Susan K. Eddy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: 04/20/05 Pending Board of Supervisors: 05/11/05 Pending PROPOSAL: To rezone 1.0 acres from RA (Rural Areas) District to B2 (Business General) District with proffers. LOCATION: South side of Northwestern Pike (Route 50W), west and adjacent to Ward Avenue (Route 1317), approximately 900 feet west of the Route 37 Interchange. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NU !RhR(S): 53B -3 -5,53B -3 -6,53B -')-7,53B-3-8 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Single Family Residence and Commercial (Kathy's Tortuga Restaurant) ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Area) Use: Residential B2 (Business General/ Use: Vacant MS (Medical Services) South: RA (Rural Area) Use: Residential East: RA (Rural Area) Use: Commercial (7 -Eleven) West: RA (Rural Area) Use: Residential Rezoning #05-05 — Marathon Bank April 5, 2005 Page 2 PROPOSED USES: Commercial (Limited to general office and bank with a gross leasable floor area not to exceed 8,000 square feet) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The Edinburg Residency has completed the review of the TIA for the Marathon Bank rezoning proposal and offers the following comments: VDOT agrees that at the proposed build -out, the site will generate approximately 1716 trips per day. This will mean an additional 3% increase on the intersection volumes. VDOT agrees that the level of service of the Route 50 and Ward Avenue intersection will remain at a "D" or better due to the small increase in volume. VDOT will require right turn lane tapers and decel lanes contrary to the report's conclusions. VDOT reviewed the proposal and its limited impact on the existing traffic volumes and projected levels of service. VDOT did not find a reasonable way for the developer to improve the intersection level of service above a Level "D". Thus, VDOT will remain neutral on the recommendation of this proposal and leave the decision of approval to the Board of Supervisors. Fire Marshal: Extension of municipal water supplies for firefighting are recommended for this site. As a bank, there does not appear to be a significant impact on fire department response. Plan approval recommended. Department of Inspections: Asbestos inspection and demolition permit required to remove existing structure. No additional comments required at this time. Shall comment at the time of site plan review. Public Works Department: Refer to impact analysis F. Drainage: The actual magnitude of the site drainage will dictate the need for onsite stormwater management. Because of the relative size of the site, stormwater detention may be limited to underground piping. Frederick -Winchester Service Authority: No comment. Sanitation Authority: No comment. Frederick -Winchester Health Dept.: No objection as long as public water and sewer is provided and no existing wells or septic systems are impacted. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the Second Battle of Winchester; however, it is in an area of lost integrity. Rezoning #05-05 — Marathon Bank April 5, 2005 Page 3 Department of Parks & Recreation: No comment. Winchester Regional Airport: Allowed uses under this rezoning should not effect airside operations of the Winchester Regional Airport. 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. Attorney Comment: It is my opinion that the Proposed Proffer Statement is in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and is legally sufficient as a proffer statement, subject to the following: 1. The Rezoning Number should be inserted at the beginning of the Proposed Proffer Statement. 2. The second sentence of the second paragraph, which reads "The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein", should be deleted. The timing of the respective proffers in the Proposed Proffer Statement should be set forth in the individual proffer item. 3. In Proffer No. 2.2, the time of the installation of the landscaped corridor buffer should be set forth, perhaps providing that the installation occur prior to the issuance of the first occupancy permit, or at such earlier time as staff determines to be appropriate. Also, this proffer should provide for County staff approval of the landscape design, unless staff feels that existing zoning ordinance landscaping regulation are sufficient to control the design. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific site, as it is my understanding that that review will be done by the staff and the Planning Commission. PlanninJ4 & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned A-2 (Agriculture General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) 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. I-]] Land Use The parcels comprising this rezoning application are located within the County's Sewer and Water Service Area (SWSA), but outside the Urban Development Area (UDA). Rezoning 05-05 — Marathon Bank April 5, 2005 Page 4 The site also falls within Phase One of the Round Hill Community Land Use Plan. The proposed use (bank/office) is generally in conformance with that plan. The Round Hill Plan does not recommend rezoning land within the community for commercial development prior to the provision of central water and sewer. The extension of public sewer and water will therefore be required before the issuance of building permits for this site, as per the comments from the Health Department. The Round Hill Plan calls for standards to minimize the visual disruption to the Route 50 corridor. The Plan calls for shared entrances, green space along Route 50, screening of structures and parking areas, control of the size, number and location of signs, requiring underground utilities and minimum standards for landscaping. Discreet signage with a maximum 10% of fagade area is specifically recommended. The objective is to prevent the creation of a typical commercial strip along this route. Transportation The Round Hill Community Land Use Plan calls for a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages a proliferation of entrances along Route 50 itself. The Round Hill Plan states that commercial establishments should front feeder roads which connect to Route 50 at signalized intersections. This discourages individual business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency. The proposed right in only entrance on Route 50 is therefore contrary to the Round Hill Plan. An interparcel connector with the adjacent Funkhouser/Poe properties would allow for a joint entrance further west on the Funkhouser/Poe property, where it would likely be possible to achieve a right in and right out access point for a number of adjacent, inter- connected parcels. The Frederick County Bicycle Plan designates Route 50 as a short-term designated route. As a 10' linear trail is planned on the north side of Route 50, it might be more appropriate to provide a sidewalk on the south side of Route 50. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, floodplain or wetlands/hydrologic soils on the parcels identified in this application. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel fall under the Frederick-Poplimento- Oak] et soil association. The predominant soil type on the site is Carbo-Oaklet silt loam, 2 to 15 percent slopes (map symbol 6C). This soil type is not considered prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. Rezoning #05-05 — Marathon Bank April 5, 2005 Page 5 4) Potential Impacts A. Transportation A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7t" Edition, the TIA projects that the proposed development will produce 1,716 average daily trips (ADT). The TIA projects peak hour Level of Service "D" conditions for certain movements at the intersection of Ward Avenue and Northwestern Pike (Route 50) at project build out. As demonstrated by the TIA, such conditions are expected due to background traffic growth along the corridor, and will be experienced regardless of the introduction of bank -generated trips. The TIA also analyzed the need for turn -lane treatments at the proposed intersection of Route 50/Ward Avenue and Route 50/ Driveway #1. The TIA indicated that a full width right -turn lane would not be required for the intersection of Route 50/Ward Avenue and Route 50/ Site - Driveway #1. VDOT disagrees with this conclusion and will require right turn lane tapers and deceleration lanes. B. Sewer and Water A 20' regional water transmission line is scheduled to cross Route 50 and follow Ward Avenue south. An eight inch gravity fed sewer main will be extended from the regional pump station located on the Winchester Medical Center West Campus site. Using standard water consumption rate for a bank and general office uses of 200 GPD per 1,000 square feet of floor area, the proposed use of the site will consume approximately 1,600 GPD of water and produce equivalent sewer flows. The Sanitation Authority and Service Authority has offered "no comment" for this rezoning. C. Community Facilities The Frederick County Fiscal Impact Model is a tool that is used to identify the capital costs associated with various types of development proposals presented to the County. The projected costs to Fire and Rescue, Public Schools, Parks and Recreation, Library, Sheriff s Office and for the Administration Building are calculated and provided to the applicant for their consideration. The Fiscal Impact Model output for this project indicates a net positive fiscal impact at the build out of the project. However, in recognition of the impacts that may be realized by the community to the Fire and Rescue services and Sheriff's office, the applicant has proffered a contribution in the amount of $2,000 to Frederick County for Fire and Rescue purposes and $2,000 to Frederick County for Sheriff's office purposes. The timing of this contribution is dependant upon future site development activity. 5) Proffer Statement — A) Generalized Development Plan The applicant has proffered a Generalized Development Plan (GDP dated March 23, 2005) for the site. The GDP shows a right -in only entrance on Route 50, a full entrance on Ward Avenue Rezoning #05-05 — Marathon Bank April 5, 2005 Page 6 aligned with the Ward Avenue entrance to the 7 -Eleven, and a ten foot landscaped corridor buffer along Route 50. B) Land Use The applicant has proffered to develop the site only for a bank or a general office. All other uses permitted in the B2 Zoning District would be prohibited on the property. The applicant has also proffered that the gross leasable floor area of the bank and general office shall not exceed 8,000 square feet. (Staff Note: While the proffered maximum square footage is 8, 000 square feet, the applicant will still be required to meet all criteria in the Zoning Ordinance and may not be able to accommodate an 8, 000 square foot building. The application also notes that the design of the bank will include multiple drive through lanes. Any drive—in lanes will be required to meet the requirements set out in the Zoning Ordinance.) C) Site Development The applicant has proffered to limit site entrances to two as shown on the GDP. Direct access from Route 50 shall be limited to a right in only entrance. Also proffered is a ten foot landscaped corridor buffer along the Route 50 frontage which will include mixed ornamental plantings consistent with good site line characteristics for highway entrances. (Staff Note: This proffer does not take the place of any ordinance requirements for landscaping. This proffer should be viewed as an enhancement of the required landscaping, not a substitute for the required landscaping. The term "mixed ornamental plantings " is imprecise. Staff review of the landscape plan, as per the attorney's comments, should be considered. In addition, the Round Hill Plan specifically calls for shade trees along streets.) D) Monetary Contribution The applicant has proffered a monetary contribution in the amount of $2,000 to Frederick County for Fire and Rescue purposes and $2,000 to Frederick County for Sheriff's Office purposes. Both of the above contributions shall be made at the time of issuance of the first commercial building permit for the site. S'T'AFF CONCLUSIONS FOR 04/20/05 PLANNING COMMISSION MEETING: The proffered use of the Marathon Bank site is generally consistent with the goals of the Frederick County Comprehensive Policy Plan. Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address specific components of the Comprehensive Plan, in particular the Round Hill Community Land Use Plan. Particular attention should be paid to the proposed access on Route 50 and the corridor appearance standards for enhanced landscaping and reduced signage as set out in the Round Hill Plan. Confirmation of the issues identified in the staff report, and any issues raised by the Planning Commission, should be addressed prior to the decision of the Planning Commission. Rezoning #05-05 — Marathon Bank April 5, 2005 Page 7 Followin,- the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concernin,- this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. OUTPUT MODULE APPLICANT: Marathon Bank - Route 50 Net Fiscal Impact LAND USE TYPE B2 Office Costs of Impact Credit: Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For REAL EST VAL $800,000 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE = 9 Capital Faciltiies col sum only) Oper Cap Equip Expend/Debt S. Taxes. Other (Unadiusted) Cost Balance Facilities Impact Dwelling Unit Fire and Rescue Department $2,664 $0 $0 $2,664 #DIV/01 Elementary Schools $0 ---- --_- Middle Schools $0 $0 $0 $0 $0 $0 #DIV/01 High Schools $0 ---- -_-- Parks and Recreation $0 $0 $0 $0 $0 #DIV/0! Public Library $0 $0 $0 $0 $0 #DIV10! Sheriffs Offices $0 $499 $0 $0 $499 $499 $0 #DIV/01 Administration Building $0 $0 $0 $0 $0 #DIV/01 Other Miscellaneous Facilities $0 $1,195 $1,320 $2,515 $2,515 $0 #DIV/01 SUBTOTAL $2,664 $1,694 $1,320 $0 $3,014 $3,014 $0 #DIV101 LESS: NET FISCAL IMPACT $149,047 $149,047 $149,047 JLAL0471 #DIV/0! NET CAP. FACILITIES IMPACT $0#DIVl0! INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev-Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev-Cost Bal = 1.000 ---------------------------------------------- PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg 1.342 METHODOLOGY: 1. ---------------------------------------------------------------------------------------------------------------------------- Capital facilities requirements are input to the first column as calculated in the model. --------------------- ---------------------- ----------------------- -------------------- 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one-time taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 3/21/05 SKE Project Description: Assumes maximum of 8,000 square feet of office use on 1.0 acres zoned B2 District Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. B2 • f I Y o' A m h A If,, -1317 HOGUit DAy OyH�q&JUH! ...,�.,� IJP 3 25 <<pHTy psag ROPERiFS, GGC 1 538• . __ f! OLFO , —'D,GIJyW, d ARMITHA WOGpORD,sUYW &ARMITHA Map Features Bud Appli-bo, 9es — Parcels ^� Culverts Lakes/Ponds Dams Agricultural & Porestral Districts aP Streams Retaining Walls - Double Church Building. Road Centerlines Refuge Church N Tanks Cj South Frederick N W E 'R... Tails S f ARMFRS 5,38 G -SFS OC?XC HANGg / C. 49 COMgs NANtcyG pl REZ # 05 - 05 Marathon Bank ( 53B - 3 - 5,6,7,8 ) 0 75 150 300 Feet REZ # 05 - 0 75 150 300 Feet ^/ Bridges A pplicaEon ^/ C. - is Lakes/Ponds ^/ Dams • Streams ^/ Retaining Walla Buildings Road Centerlines Tanks 40 OOV ...• Trails REZ # 05 - 0 75 150 300 Feet PROPOSED PROFFER STATEMENT REZONING: RZ. # Rural Areas (RA) to Business General (B2) PROPERTY: 1.0 acre +/-; Tax Map Parcels 53B-3-5, 6, 7 & 8 (the "Property') RECORD OWNER The Marathon Bank APPLICANT: The Marathon Bank PROJECT NAME: Marathon Bank - Route 50 West ORIGINAL DATE OF PROFFERS: March 21, 2005 REVISION DATE (S): N/A The undersigned hereby proffers that the use and development of the subject property ("Property'), as described above, shall be in strict conformance with the following conditions, which shall supersede all other proffers that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which the Frederick County Board of County Supervisors (the `Board") decision granting the rezoning maybe contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the Board which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The headings of the proffers set forth below have been prepared for convenience or reference only and shall not control or affect the meaning or be taken as an interpretation of any provision of the proffers. The improvements proffered herein shall be provided at the time of development of that portion of the Property adjacent to or including the improvement or other proffered requirement, unless otherwise specified herein. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. When used in these proffers, the "Generalized Development Plan," shall refer to the plan entitled "Generalized Development Plan, Marathon Bank - US Route 50" dated March 23, 2005 (the "GDP"), and shall include the following: 1. Land Use 1.1 The Property shall be developed with bank and general office land uses. All other uses permitted in the B2 Zoning District shall be prohibited on the Property. 1.2 The gross leasable floor area of bank and general office land uses shall not exceed 8,000 square feet. Proffer Statement 2. Site Development Marathon Bank — Route SO West 2.1 Site entrances shall be limited to two as shown on the Generalized Development Plar. (GDP). Direct access to the Property from Route 50 (Northwestern Pike) shall be limited to a right in only entrance, the exact design and location of which shall be determined upon final engineering thereof pursuant to the specifications and approval of the Virginia Department of Transportation (VDOT). (See 1 on GDP) 2.2 A 10' landscaped corridor buffer shall be provided along the Route 50 frontage of the site, which will include mixed ornamental plantings consistent with good sight he characteristics for highway entrances. (See 2 on GDP) Monetary Contribution to Offset Impact of Development 3.1 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick County for fire and rescue purposes. Said contribution shall be made at the time of issuance of the first commercial building permit for the site. 3.2 The Applicant shall contribute the amount of two thousand dollars ($2,000.00) to Frederick County for Sheriff's Office purposes. Said contribution shall be made at the time of issuance of the first commercial building permit for the site. SIGNATURES APPEAR ON THE FOLLOWING PAGES March 21, 2005 Page 2 of 3 Proffer Statement Respectfully submitted, THE MARATHON BANK By - Date: W (arch 7,3r 2CCOS. - STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Marathon Bank — Route 50 West The foregoing instrument was acknowledged before me this23 day of t , 2005, by I- I n Qrv— My commission expires v-, O 2oo`i Notary Public J Lyj-r; March 21, 2005 Page 3 of 3 V f ROBERT B. JOHNSON T.M. "] ((A))-76 �J / D.B. 58s, Pc BSB �ay 1 / 1 Zonad: RA 1 f J f ��'' Use: Resid J f ( f N it .,��� `�\CV -► i N � (3WT—IN JTRANCE 010' LANDSC PED ONLY O CORRIDOR B FFO--_ / R 1 � � E' SI "KALI ON BY 0TH R�S � y #zosr r I 53—A-82� I 7 Funkhouser & Poe L #2 6r Use: Vacant l ! PROPOSED a O BANK/GENERAL OFFICE % -► FULL ' 8,000 SF MAX ENTRA C to g 1� i l 53[3 24 Jo June Holliday Q Zoned: RA a Use: v L 3� l_ I 536-3-1 � FARMER'S LIVESTOCK EXCHANGE CA/Vop Zoned: RA Use: Convenience Store N MARATHON BANK US ROUTE 50 Patton, Harris, Rust &Associates, pc o GENERALIZED DEVELOPMENT PLAN 117 E. Picadilly St Winchester, Virginia 22601 FRE -D[ -RICK COWK, vrRGINrA VOICE (54A) 667-2139 FAX: (540) 665-0493 MARATHON BANK - ROUTE 50 WEST REZONING IMPACT ANALYSIS STATEMENT March 2005 A. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the conditional rezoning of parcels 53B-3-5, 6, 7, & 8, owned by Marathon Bank, which total 1.00 acre. The subject parcels are located on the south side of Northwestern Pike (U.S. Route 50), west and adjacent to Ward Avenue (Route 1317), approximately 900 feet west of the Route 37 interchange. The subject parcels are currently zoned RA (Rural Areas). This application proposes the rezoning of the 1.00 -acre site to the B2 (Business General) District. The site is intended to develop with bank and general office uses. The planned uses would be located within a single building whose gross floor area would not exceed 8,000 square feet. The design of this facility will include multiple drive through lanes to serve bank customers. B. COMPREHENSIVE POLICY PLAN The subject parcels are located within the Phase One boundaries of the Round Hill Community Land Use Plan. The properties are located wholly within the Sewer and Water Service Area (SWSA). The Round Hill Community Land Use Plan envisions the development of business/office land uses on the site subject to the availability of central sewer and water facilities. The proposed rezoning of the subject parcels to the B2 District to allow branch bank and general office land uses is therefore consistent with the applicable land use policies of the Comprehensive Policy Plan. C. SUITABILITY OF THE SITE The site is currently developed with a single family residence and restaurant (formerly Kathy's Tortuga), neither of which conforms fully with current zoning requirements. The residence straddles two legally non -conforming RA zoned parcels (53B-3-7 & 8), each of which consists of approximately 0.25 acre. The restaurant similarly sits on two undersized RA zoned properties (53B-3-5 & 6), and was developed on the site without meeting typical commercial development standards governing parking, site entrances, and buffering and landscaping. The rezoning of the site to the B2 District will facilitate resolution of these non - conformities, as its ultimate redevelopment with bank and general office uses will occur pursuant to current site development requirements. Impact Analysis Statement Site Development Marathon Bank — Route 50 West The Round Hill Community Land Use Plan identifies the enhancement of corridor appearance as an important policy objective. The proposed proffer statement submitted with this rezoning includes a commitment to provide a 10 -foot wide landscaped corridor buffer along the frontage of the property. This buffer area will complement similar features that will be installed on the opposite side of Northwestern Pike pursuant to the proffers approved with the WWW and Winchester Medical Center - West Campus rezoning applications. Coupled with the distinctive architecture typical of new Marathon Bank facilities, the landscaped buffer will achieve an aesthetic quality consistent with applicable corridor appearance policies. Access The subject site has approximately 210 feet of frontage along Northwestern Pike (U.S. Route 50) and roughly 223 feet of frontage on Ward Avenue (Route 1317). The existing uses each possess individual entrances on Northwestern Pike, and the restaurant use is also accessed via an entrance on Ward Avenue. The proposed development of the site with bank and general office land uses will result in improved access management along Northwestern Pike. The two existing entrances will be eliminated and a right in only entrance will be installed as the sole point of access from Northwestern Pike. Such measures will minimize potential conflict points and enhance the safety and efficiency of traffic movement on the impacted segment of Northwestern Pike. Moreover, the proposed right in only entrance provides a limited albeit critical means of access to the planned uses from Northwestern Pike that will be both functionally and aesthetically integrated with the corridor as a whole. A full entrance will be provided on Ward Avenue that will be aligned with the existing entrance to the 7-11 convenience store. All traffic exiting the site will use Ward Avenue to reach Northwestern Pike. It is noted that the intersection of Ward Avenue and Northwestern Pike will be signalized pursuant to the proffer statement approved with the Winchester Medical Center - West Campus rezoning. Environmental Features The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, flood plain or wetlands/hydrologic soils on the parcels included in this application. 2 Impact Analysis Statement Soils Marathon Bank — Route 50 West The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Frederick-Poplimento- Oaklet soil association. The predominant soil type on the site is Carbo-Oaklet silt loam, 2 to 15 percent slopes (map symbol 6C), as shown on map sheet number 29 of the survey. This soil type is not considered prime farmland. The characteristics of this soil type and any implications for site development are manageable through the site engineering process. D. TRANSPORTATION As noted above, access to the site will occur through aright in only entrance on Northwestern Pike (Route 50) and a full entrance on Ward Avenue (Route 1317). These entrances will be installed as generally depicted on the proffered Generalized Development Plan (GDP), pursuant to the specifications and requirements of both VDOT and Frederick County. Development of this project will occur in the context of an actively evolving transportation environment along the Northwestern Pike corridor. Detailed planning and design has been completed for implementation of the initial phase of the coordinated transportation improvement program proffered with the WWW, LC and Winchester Medical Center — West Campus rezoning applications. These improvements will add travel and turn lanes to Northwestern Pike, and further include signalization of the intersection of Northwestern Pike and Ward Avenue. A traffic impact analysis (TIA) was prepared for this application using composite data collected from other studies in the area as well as actual traffic counts. Using traffic generation figures from the I.T.E. Trip Generation Manual, 7tn Edition, the TIA projects that the proposed development will produce 1,716 average daily vehicle trips (ADT). The TIA further indicates that study area roads and intersections have the capacity to accommodate the trips generated by this project at acceptable and manageable level of service conditions. (see A Traffic Impact Analysis for the Marathon Bank — Route 50 West, dated 3/22/05) It is noted that the TIA projects peak hour Level of Service "Y conditions for certain movements at the intersection of Ward Avenue and Northwestern Pike at project build out. As demonstrated by the TIA, such conditions are expected due to background traffic growth along the corridor, and will be experienced regardless of the introduction of bank -generated trips. Level of service conditions on study area roads and intersections will therefore not be diminished by the traffic impacts attributable to the proposed rezoning. 3 Impact Analysis Statement Marathon Bank —Route 50 West E. SEWAGE CONVEYANCE AND WATER SUPPLY A 20" regional water transmission line is scheduled to cross U.S. Route 50 and follow Ward Avenue south. The current contract to extend water and sewer service to the Winchester Medical Center — West Campus site will enable this water main extension across Route 50. The ultimate extension will provide sufficient water supply and pressure for domestic and fire protection purposes on the subject site. Likewise, an 8" gravity sewer main will be extended from the regional pump station located on the Winchester Medical Center — West Campus site, immediately north of Route 50. This line will provide adequate gravity sewer service to the site. Using the standard water consumption rate for bank and general office uses of 200 GPD per 1,000 square feet of floor area, the proposed use of the site will consume approximately 1,600 GPD of water and produce equivalent sewer flows. F. DRAINAGE The 1.00 acre -site naturally drains to the north and east. It is anticipated that low impact development techniques together with good erosion control practice will mitigate adverse stormwater discharge impacts. Actual specification of temporary and permanent facilities will be provided with final engineering and will comply _ with all local, state and federal regulations. G. SOLID WASTE DISPOSAL The planned development of the subject site is projected to generate 200 pounds of solid waste per day (0.10 T/day). Solid waste will be transferred to the Frederick County landfill by commercial carrier. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any potentially significant structures on the 1.00 acre -site or within close proximity of the properties. The subject properties are located within the National Parks Service study area for the Second Winchester battlefield, but are wholly outside of identified core battlefield areas. IMPACT ON COMMUNITY FACILITIES The Frederick County Fiscal Impact Model was run to assess the likely impact of the proposed project on capital facilities. The output module generated by this analysis indicated that the proposed land uses would result in a net positive fiscal Ifl Impact Analysis Statement Marathon Bank — Route 50 West impact. Nevertheless, the applicant has proffered to contribute a total of $4,000 to Frederick County for Fire and Rescue Department and Sheriff's Office purposes, respectively. This contribution is offered in recognition of the unique demands on public safety services commonly associated with commercial development. 9 Impact Analysis Statement Marathon Bank — Route 50 West impact. Nevertheless, the applicant has proffered to contribute a total of $4,000 to Frederick County for Fire and Rescue Department and Sheriff's Office purposes, respectively. This contribution is offered in recognition of the unique demands on public safety services commonly associated with commercial development. 5 MA MA MR " � •` :. '' r m --x- " _ 3 - - ��.� `r �' Vis" � ��� Rl- 5'�� �� a � L -`k ,s'r � ��'"'"4�z a �t '��,.� � �3s' �`'�.�,: r -•�' ,f � '� �- - 3A xb IN XH ilk 42. 1 y d w ` tri �+�r�h .•�- at- .� _ r •'t '� �, �,� ..; -�- '�' e` t,�ay 4 Vil`a £ kill ' ..fix �, S A � �• �� A _ _ Fv; o MARATHON BANK gilbert w. clifford & associates US ROUTE 50 a division of o EX/STING' CONDITIONS Patton, Harris, Rust &Associates, pc O O 117 E. Picadilly St. Winchester, Virginia 22601 FREDERICK CDUNI VIRGINIA VOICE: (544) 667-2139 FAX: (540) 665-0493 Am MA MA MR " � •` :. '' r m --x- " _ 3 - - ��.� `r �' Vis" � ��� Rl- 5'�� �� a � L -`k ,s'r � ��'"'"4�z a �t '��,.� � �3s' �`'�.�,: r -•�' ,f � '� �- - 3A xb IN XH ilk 42. 1 y d w ` tri �+�r�h .•�- at- .� _ r •'t '� �, �,� ..; -�- '�' e` t,�ay 4 Vil`a £ kill ' ..fix �, S A � �• �� A _ _ Fv; o MARATHON BANK gilbert w. clifford & associates US ROUTE 50 a division of o EX/STING' CONDITIONS Patton, Harris, Rust &Associates, pc O O 117 E. Picadilly St. Winchester, Virginia 22601 FREDERICK CDUNI VIRGINIA VOICE: (544) 667-2139 FAX: (540) 665-0493 / V Z" ' ROBERT B. JOHNSON S/! f' - T.Y. 53—((A))-76 D.B.5Pr. Zoned:: RA q�, J Use: Residid I i —`—o"--------- — N CN eFfT--IN JTRANCE i O10' LANDSC PED ONLY CORRIDOR B FFE O .. f2 051 �j 53-A-82 I Funkhouser & Poe J #2 61 Use: Vacant j 1 11 p� �rJ PROPOSED BANK/GENERAL OFFICE 6,000 SF MAX --j 530-3-24 — Jo� June Holliday Zane& RA Use: Vacant MARA THON BANK lit:ti us ROUTE 50 GENERALIZED DEVELOPMENT PLAN O I FREDERICK COUNTY, WRGlNlA O ..�,. FULL I l I f' - i Auz oN `� _ - BY OS CONVENIENCE =SjORE 538-3-1 FARMER'S JJ LIVESTOCK EXCHANGE L� � �AnippY Zoned: RA � Use: Convenience Store Patton, Harris, Rust & 'Associates, pc 117 E Picadilfy St Winchester, Yrginia 22601 YOKE (540) 607-2135 Ft+X; (540) 6 65-O;S3 ; uf. is. �vV./ j I I'D. H42 p. i I OUTPr/T MODULE PI. Ma-.a010n =ifr•Ir - Ro w SO _. Mical ITDgci I LAND USE 7YOC 42 Ofnce Cncu of Im9xct Credo: rr WIZ NDo Taker faf Fulure Texee Pid IMPS^. Talar Pol..EeE Rcyvckrnenrr-ar i I'iEAL EBT VAL iVUD.M Naga"�d fenleraa in fur. 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I -----__._._r.__.. _................_..._._..__._._._.__..........._.__...—..., _..__...____._ 1 1 i A Traffic Impact Analysis for the Marathon Bink o Route 50 West Located in: Frederick County, Virginia Prepared for: Ikon Unger 4095 Valley Pike Winchester, VA 22601 Prepared by: Patton Harris Rust & Associates, pc Engineers. Surveyors. Planners. Lcndsccpe Architects. PSR 300 Foxcroff Avenue, Suite 200 Martinsburg, West Virginia 25401 T 304.264.2711 F 304.264.3671 March 22, 2005 OVERVIEW Project Summary Patton Harris Rust & Associates, pc (PHR+A) has prepared this document to present the traffic impacts associated with the proposed Marathon Bank -Route 50 West located on the southwest corner of the intersection of Route 50 (Northwestern Pike)/ Ward Avenue, in Frederick County, Virginia. The proposed development is to include an 8,000 square foot bank with two access points to be provided along Route 50 and Ward Avenue, respectively. The proposed project will be built -out in a single transportation phase by the Year 2007. PHR+A has provided Figure 1 to illustrate the location of the Marathon Bank with respect to the surrounding roadway network. Methodology The traffic impacts accompanying the proposed Marathon Bank -Route 50 West were obtained through a sequence of activities as the narratives that follow document: © Assessment of background traffic including growth rates and other planned projects in the area of impact, o Calculation of trip generation. for the proposed Marathon Bank, Distribution and assignment of the proposed Marathon Bank generated trips onto the study area road network, ® Analysis of capacity and levels of service for existing and future conditions using HCS -2000 (Highway Capacity Software). A Traffic Impact Analysis for the Marathon Bank -Route 50 West ' �--`�� March 22, 2005 `� Project Number 12881-1-0 Page 1 No Scale Figure 1 Vicinity Map - Marathon Bank (Route 50 West) A Traffic hnpact Analysis for the Marathon Bank -Route 50 West March 22, 2005 Project Number 12881-1-0 g Page 2 L ���k�+�i��� -ter � � • Vicinity Map - Marathon Bank (Route 50 West) A Traffic hnpact Analysis for the Marathon Bank -Route 50 West March 22, 2005 Project Number 12881-1-0 g Page 2 EXISTING CONDITIONS PHR+A conducted AM/PM peak hour manual turning movement counts at the intersections of Route 50/Ward Avenue and Ward Avenue/7-11 Site -Driveway in Frederick County, Virginia. ADT (Average Daily Traffic) was established along each of the study area roadway links using ,a "k" factor (the ratio of PM peak hour traffic volumes to 24-hour traffic volumes) of 8.3% as determined from Virginia Department of Transportation (VDOT) traffic count data. Figure 2 shows the existing ADT and AM/PM peak hour traffic volumes at the intersections of Route 50/ Ward Avenue and Ward Avenue/ 7-11 Site -Driveway. Figure 3 shows the respective existing lane geometry and peak hour levels of service. All traffic count data and HCS -2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis for the Marathon Bank -Route 50 West H_7 March 22, 2005 L Project Number 12881-1-0 Page 3 Figure 2 Existing Traffic Conditions PI _ A Traffic Impact Analwisfor the Marathon Bank -Route 50 West A March 22, 2005 Project Number 12881-1-0 Page 4 i No Scale +--.486(1444) e— 60(97) Northwestem Pike (672)1052 �e - ?r (20)13 SITEi> r Site Existing 7-11 Dnt'eway; �. Convenience Store 36(36) 2(3) I-11 Site Dnv,waY c' ^t 3 AM Peak Hour(PM Peak Hour) mom' = P-r T -+7p \ Figure 2 Existing Traffic Conditions PI _ A Traffic Impact Analwisfor the Marathon Bank -Route 50 West A March 22, 2005 Project Number 12881-1-0 Page 4 No Scale 691 Unsignalized Intersection e— B(A)* Northwestern Pike r � Z r > fy Q SITE Site Existing 7-11 Dn yew --, �_ Convenience Store ay #, 2T �Si riveway Q A(A)x: 2-1 a Dn�eway Q UnsiLnalized i Denotes stop sign control AM Peak Hour(PM Peak Hour) *Denotes Critical Unsignalized Movement Figure 3 Existing Lane Geometry and bevels of Service _ A Traffic Impact Analysis for the Marathon Barak -Route 50 West March 22, 2005 W Project Number 12881-1-0 Page 5 2007 BACKGROUND CONDITIONS PHR+A grew the existing traffic volumes along Route 50 (Northwestern Pike) and Ward Avenue using a conservative rate of five percent (5%) per -year through Year 2007. PHR+A utilized the report titled: A Traffic Impact Anal sy is of the WWW Property, by PHR+A, dated December 5, 2002, to incorporate all trips relating to "other developments" located within the vicinity of the proposed Marathon Bank site. Based upon the 7d' Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report, PHR+A has provided Table 1 to summarize the 2007 "other developments" trip generation. Figure 4 shows the 2007 background ADT and AM/PM peak hour traffic volumes at the intersections of Route 50/ Ward Avenue and Ward Avenue/ 7-11 Site -Driveway. Figure 5 shows the corresponding 2007 background lane geometry and AM/PM peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. Table 1 "Other Developments" 2007 Trip Generation Summary ITE Land Use Amount AM Peak Hour PM Peak Hour ADT 3n Out Total In 1 Out Total Code Valley Health Systems Property 150 warehousing (Distribution Center) 5 acres 63 25 88 26 48 73 383 710 Office (Administration Building) 50,000 SF 95 13 108 23 112 135 782 750 Office Park - 5 acres 350 30 381 34 194 228 2;241 620 Nursing Home 24,000 SF 6 3 9 5 5 10 146 253 Elderly Housing - Attached 80 units 3 4 6 5 3 9 278 Sub -total 517 75 592 93 362 455 3,831 Degrange Property 312 Business Hotel 50 rooms 17 12 29 19 12 31 364 760 Research & Development Park 5 acres 70 13 84 9 68 77 398 820 Shopping Center 25,000 SF 42 27 68 120 130 251 2,758 912 Drive-in Bank 2,400 SF 17 13 30 55 55 110 694 832 H -T Restaurant 7,600 SF ' 46 42 88 51 32 83 966 Sub -total 191 107 298 254 298 552 5,180 WWW Property 750 Office Park 5 acres 350 30 381 34 194 228 2,241 813 Discount Superstore 135,000 SF 127 122 248 252 262 514 6,030 820 Shopping Center 25,000 SF 42 27 68 120 130 251 2,758 Sub -total 519 179 697 406 586 993 11,028 Total 1,227 360 1,587 753 1,247 1,999 20,040 A Traffic Impact Analysis for the Marathon Bank -Route 50 West RH March 22, 2005 Project Number 12881-1-0 Page 6 No Scale SD �i a �- ' 199(76) ry O 951(1895) r, rte" 69(112) Northwestern Pike (1132)1312— �'/ (23)1S--% e 4 SITE Site Existing 7-11 Dnveway#9 Convenience Store �a �a %"36(36) lt-'*-2(3) 1 ite Driveway I! � M � Q b R 3 AM Peak Hour(PM Peak Hour) PT TR+/ A Dailyp Figure 4 2007 Background Traffic Conditions A Traffic Impact Analysis for the Marathon Bank -Route SO West F — j March 22, 2005 ��,� Project Number 12881-1-0 Page 7 0 No Scale "Suggested Improvements" Signa►ization NB Right Turn Lane, WB Thru Lane EB Thru Lane, North Leg of Intersectio .Signal I �"�• IAS=C(D) a 0 Q C Northwestern Pike �t3 �4 SITS Site Existing 7-11 Dnv 47 a Convenience Store -h Driveway Q` z A(A)* "'aDr ay UnsinazedbgH Denotes STOP sign control Denotes traffic signal control AM Peak Hour(PM Peak Dour) /� *Denotes Critical Unsignalized Movement +/e Figure 5 2007 Background Lane Geometry and Levels of Service �Y A Traffic Inanact Analysis for the Marathon Bank -Route 50 West March 22, 2005 - - Project Number 12881-1-0 Page 8 TRIP GENERATION PHR+A determined the number of trips entering and exiting the site using equations and rates provided in the 7th Edition of the Institute of Transportation Engineers' (ITE) Trip Generation Report. Table 2 was prepared to summarize the total trip generation associated with the proposed Marathon Bank development. Table 2 Marathon Bank -Route 50 West Trip Generation Summary AM Peak Hour PM Peak Hour Code Land Use Amount In Out Total In Out Total ADT 912 Drive-in Bank 8,000 SF 55 43 99 183 183 366 1,716 Total 55 43 99 183 183 366 1,716 TRIP DISTRIBUTION AND TRIP ASSIGNMENTS The distribution of trips was based upon local travel patterns for the roadway network surrounding the proposed Marathon Bank site. PHR+A utilized the trip distribution percentages shown in Figure 6 to assign the proposed Marathon Bank development trips (Table 2) throughout the study area. Figure 7 shows the respective development -generated ADT and AM/PM peak hour trip assignments. 2007 BUILD -OUT CONDITIONS The proposed Marathon Bank development assigned trips (Figure 7) were added to the 2007 background traffic volumes (Figure 4) to obtain 2007 build -out conditions. Figure 8 shows the 2007 build -out ADT and AM/PM peak hour traffic volumes at key locations throughout the study area. Figure 9 shows the respective 2007 build -out lane geometry and peak hour levels of service. All HCS -2000 levels of service worksheets are included in the Appendix section of this report. A Traffic Impact Analysis for the Marathon Bank -Route 50 West March 22, 2005 Project Number 12881-1-0 F z Page 9 11 Figure 6 A P --i Trip Distribution Percentages A Traffic Impact Analysis for the Marathon Bank -Route 50 West March 22, 2005 Project Number 12881-1-0 Page 10 No Scale so C27)g� *W'7(27). v� 4 X47(156) Northwestern Pike v� 4 ITE Site Existing 7-11 D!riveway#Z Convenience Store Q' 7 (I83)43ftwap rte* � 3 2-IlSire ��Driveu'aY V � c 3Q Figure 7 Development -Generated Trip Assignments A_ Traffic Impact Analysis_ for the Marathon Bank Route 50 West ,v. March 22, 2005 Project Number 12881-1-0 Page 11 No Scale pe�� aster 15)1436 15)143 6 1023 (2 085) (27)8016 v� B 4 Q M q 50 N n o` 199(76) 4-951(1895) "°•s ,,,: r!" 116(268) Northwestern Pike (60)109 M,7 —� (1132)1312--4 3 (23)15`-`% o Q` SITE S, re . Existing 7-11 Convenience Store a a � e 1 �.a 36(36 0(0) 0. 211 Site � � �Driveway cb a e Figure 8 2007 Build -out Traffic Conditions A A Traffic Impact Analysis for the Marathon Bank -Route 50 West March 22, 2005 r�sE— Project Number 12881-1-0 Page 12 No Scale 50 "Suggested Improvements" New Intersection: EB Right Turn Lane WB Thru Lane fes. *\ Unsignalired -° ro' Intersection 9 "SITE Site 1)sit, "Suggested Improvements" Signalization NB Right Turn Lane, WB Thru Lane EB Thru Lane, North Leg of Intersecti( Signalized L Intersection A.4'— LOS=C(D) a -4--C(C-) ell (D)C A Northwestern Pike Existing 7-11 Convenience Store Denotes STOP sign control Denotes traffic signal control AM Peak Hour(PM Peak Hour) *Denotes Critical Unsignalized Movement Figure 9 2007 Build -out Lane Geometry and Levels of Service 0 A Traffic Impact Analysis for the Marathon Bank -Route 50 West March 22, 2005 Project Number 12881-1-0 H Page 13 LONCLUSION The traffic impacts associated with the proposed Marathon Bank -Route 50 West site are acceptable and manageable. Based upon HCS -2000 results, all intersection located within study area roadway network will operate with levels of service "D" or better during 2007 total build -out conditions assuming the improvements shown in Figures 5 (2007 background) and 9 (2007 build -out), respectively. In addition, according to the procedures described in Figure 2-10 ("Traffic Signal Warrants" worksheet) of the Manual of Traffic Signal Design published by the Institute of Transportation Engineers', the proposed intersection will maintain sufficient traffic volumes as to warrant traffic signalization. For informational purposes, Table A-1 is provided in the Appendix section of this report. PHR+A has also performed analyses to determine the need for turn -lane treatments at the proposed intersections of Route 50/ Ward Avenue and Route 50/ Site -Driveway #1. The requirements for implementing mainline right -turn lanes are outlined in Figure C-1-9 ("Guidelines for Right -Tum Treatment: Four -Lane Highway"), of the VDOT Road Design Manual. Based upon the volumes shown in Figure 8, a full width right -turn lane would not be required for the intersections of Route 50/ Ward Avenue and Route 50/ Site -Driveway #I. For informational purposes, Figure C-1-9 is provided in the Appendix section of this report. _ A Traffic Impact Analysis for the Marathon Bank -Route SQ West J March 22, 2005 Project Number 12881-1-0 Page 14 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 'Ta be completed by I'Zcxtttaittgd5'taf�.,- =r c c Amount ,Paid Zoning Amendment Number - Date Received` PC I3earin Data BOS_Hearing Date_- . ne 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: Patton Harris Rust & Associates, pc (PHR+A) Telephone: 540-667-2139 Address: 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 2. Property Owner (if different than above) Name: The Marathon Bank Address: P.O. Box 998 Stephens City, Virginia 3. Contact person if other than above Telephone: 540-869-6600 Name: Charles E. Maddox, Jr., P.E., Sr. VP (PHR+A) Telephone: 540-667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: The Marathon Bank 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER 53B-((3))-1 _ 53B-((3))-24 53-((A))-82 53-((A))-76 53-((A))-68 Single Family Residence; Restaurant (Kathy's Tortuga) Bank and General Office USE Commercial (7-11) Residential Unimproved Residential Unimproved (WMC West) ZONING RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) RA (Rural Areas) B2/MS (Bus. Gen./Med. Support) Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). The properties are located on the south side of Northwestern Pike (U.S. Route 50), west and adjacent to Ward Avenue (Route 1317), approximately 900 feet west of the Route 37 interchange. Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning rollission. 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 Address .� Property Identification Number (PIN) Name: Winchester Medical Center, Inc. P.O. Box 1334 Property #: 53-A-68 _ Winchester, VA 22604 Name: Darla P. Funkhouser & Sharon S. Poe 272 Hilda Drive Property #: 53-A-82 Clearbrook, VA 22624 Name: Farmers Livestock Exchange, Inc. P.O. Box 2696 Property #: 53B-3-1 _ Winchester, VA 22604 Name: RobJohnson 2054 Northwestern Pike Property #: 53-A-76 Winchester, VA 22603 Name: John K. & June S. Holliday 111 Ashton Drive Property #: 53B-3-24 Winchester, VA 22603 Name: Property #: Name: ' Property #: Name: Property #: Name: Property #: Name: Property #: 5 MARATHON — ROUTE 50 WEST Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 53B-((3)}-5, 6, 7 & 8 Magisterial: Fire Service: Rescue Service: Back Creek Round Hill Round Hill Districts High School: Middle School: Elementary School: James Wood Frederick County Apple Pie Ridge 10. Zoning Change: List the acreage included in each new zoning category being requested. Acre, Current Zoning Zonin-E 1ERe u�ested 1.00 RA B2 1.00 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome _ 0 Multi -Family 0 Non -Residential Lots 0 Mobile Home 0 Hotel Rooms 0 Office Retail Restaurant 8,000 0 Z Square Footage of Proposed Uses Service Station Manufacturing Warehouse Other 0 Z 0 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. 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. 01 Applicant(s) Date 3/21/05 Charles E. Maddox, Jr., P.E., Senior VP Patton Harris Rust & Associates, pc Owner(s) 2 Date 3/21/05 Donald L. Unger, President and CEO The Marathon Bank Special Limited Power of .Attorney - County of Frederick Virginia - Frederick Planning Web Site: www.co.frederick.va.US Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) The Marathon Bank (Phone) 540-869-6600 (Address) P.O. Box 998 Stephens City, Vir inia 22655 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument Number(s) 040018770. 040001588 and is (are) described as Parcels: 6_7,8. Lot: Block: 3 Section/Tax Map 53B Subdivision: Ward Avenue Lots do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates pc (Phone) 540-667-2139 (Address) 117 E. Piccadilly Street Suite 200, Winchester Virginia 22601 To act as my true and lawful attorney-in-fact for and in my (our) name, place, and stead with full power and authority 1 (we) would have if acting personally to file planning applications for my (our) above described Property, including X Rezoning (including proffers) _ Conditional Use Permits X Master Development Plan (Preliminary and Final) _ Subdivision X Site Plan My attorney-in-fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. C-4 In witness thereof, I (w have hereto set my (our) hand and seal this d day of March —12005, Signature(s) State of VirginianCoun of . To -wit: 1, �� �` 1 nx-f i 10,-\a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me id has acknowledged the same before mein the jurisdiction aforesaid this 7 R ° day of March , 2005. My Commission Expires:__ Notary Public- ?C© 939FG0596 }. THIS DEED OF BOUNDARY LIKE ADJUSTMENT made and dated T' this 14th day of June, 1999, by and between CLAUDE N. BUCHER M and DENNIS K. BUCHER, parties of the first part, hereinafter called fl the Grantors, and JOHN K. HOLLIDAY party of the second part, hereinafter called the Grantee. WHEREAS, the Grantors are the owners of a certain tract or parcel of land lying and being situate along the southern side of the - Northwestern Grade and more particularly known and designated I as Lots 5 & 6 of the Ward Avenue Lots; and being the some property devised to Claude N. Bucher and Dennis K. Bucher by the Will of Kathleen Margaret Bucher dated November 11, 1996 of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Will Book 149 at Page 1377; and WHEREAS the Grantee is the owner of a certain tract of land known as Lot 24, Ward Avenue Lots, and being the some property conveyed to John K. Holliday by Deed dated April 12, 1982 of record in the aforesaid Clerk's Office in Deed Book 546 at Page 637; WHEREAS the parties hereto desire to adjust the common boundary between the aforesaid Lots 5 & 6 and Lot 24, Ward } M 39N0597 Avenue Lots as shown on the survey of Michael M. Artz, dated April 14, 1999, attached hereto and by this reference made a part hereof; NOW THEREFORE, in consideration of the mutual benefits that will accrue thereby and other good and valuable consideration, the Grantors do hereby grant and convey with general warranty of title unto the Grantee, In fee simple absolute, all that certain tract or parcel of land containing 200 sq. ft., and more particularly described and designated on the plat drawn by Michael M. Artz, dated April 14, 1999, attached hereto and by this reference made a part hereof as if set out in full; and being a portion of the some land devised to Claude N. Bucher and Dennis K. Bucher by Will of Kathleen Margaret Bucher dated November 11, 1996 of record in the Clerk's Office of the Circuit Court of Frederick County. Virginia in Will Book 109 at Page 1377. The conveyance made herein shall be joined with the other land of the Grantee to establish a Lot containing 10,274 sq. ft. as shown on the aforesaid plat and the Grantee joins in the execution of this Deed to evidence his agreement that the within conveyed land shall be joined with and become a part of his land kno vn as 2 BK9397rG0598 Lot 24, Ward Avenue Lots. FITNESS the following signatures and seals: STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: Claude N. Bucher �� a Notary Public In and for the State and funs iction aforesaid, o hereby certify that Claude N. Bucher and Dennis K. Bucher, whose names are signed to the foregoing Deed of Boundary Line Adjustment, dated the 14th day of June, 1999, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this &:: dy of June, 1999_ ra My Commission expires ac - uD_ NOTAR rlz-OK PUBLIC ` AN -F tri'ONVv "Y �!HG .... SCJ 3 r, 9' rY+`PX-) OK939PG0599 STATE OF VIRGINIA CITY OF WINCHESTER, TO -WIT: I,,,� a Notary Public in and for the State and juris i tion oforesaid, do hereby certify that Jahn K. Holliday, whose name is signed to the foregoing Deed of Boundary Line Adjustment, dated the I e day of June, 1999, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 14'h day of June, 1 9. My Commission expires NOTARY OUBLIC C.'\MyDocumenls\CLE7I\8OY9i\buche6fOWDAnmwxfmyADJUSTMENr.wpd/cohS �p`,�.�P. aONW, �9 ; o of s° -t 'Ol�gR.y 4 =-,.S-17 M9391DG0600 „ `I ID SHEET I OF 4 BOUNDARY LUi'E ADJUSTMENT OF THE PERQP>ERTY CONVEYEED T _Claude N, ]Bucher & Denuis K Bucher TM #53B-3-5,6 WB 109, Pg 1377 AND THE PROPERTY CONVEYED TO John K. fiROMA TM # 53$-3-24 AB 546, Pg 637 y April 14, 1999 Zoned RP Back Creek District, Frederick County, Virginia C1N1TY SKETCH n 5DI _ s b A r IDE 'N�a'. 3ana6` s Cain 1 5T $T NEWALla HUI•A Weed Baptist` CHARD a d Q� Old Tow Spring M y S V IRVEYOR'S CERTIFICATE - I, Michadl M. Arte, a duly authorized land surveyor, do hereby certify that the land hereby adjusted is in the name of Claude N. Bucher & Dcnnis K. Bucher, and John K. m: Homday and was aquired as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately de5cribed ar9 within the boun�da�ryl�of the original finita. Certified 3�and Surveyor GWrTR'S CERTMCATE: The undersigned fee simple owners hereby certify that the land herein adjusted is a portion of the property cc vo ed to Claude N. Bucher 8& Dennis K. Bucher by will of Kath1em Margaret Bucher dated November 11, 1996 in Will Book 109 Page 1377; and all of the property conveyed to John K. £' Holliday by deed dated April 12, 1982 and recorded in Deed Book 546, Page 637. Said instruments being of record in the CIark's Office of Frederick County, Virginia. This Boundary Liao Adjustment as it appears on the accompanying plats is with the free crmsea and in accordance with the desires of the undersigned owner or agents tl;ereo& of said land and the same is hereby confirmed and submitted for record in the Clerk's Office of Frederick Comity. Virginia. I - 'Claude N, Bucher - NGTARY CERTIFICATE: STATE OF VIRGINIA; CITY/C-WcWff OF Zf)zn�&� to wit The foregoflr en consent and dedication was acknowledged before me this My cornmissim expires !! G rf' ti o-- Cary-bIr� Dennis K. Bucher NOTARY CERTIFICATE - STATE OF VIRGINIA; CITY/COY OFi,.y.SY�Y to -wit: The foregoing owners consent and dedicatian was acknowledged before me this day of 191J . My commission expires&6 Notary Public DR939rUGO60 P ahn K. Holliday WOTARYCER'[MC11 a STATE OF VIiZCrdNIA; C ZGQV�� OF Wi'n The faregom, ers consent and dedication was admowiedged before me this day of t i4Tq_ My ca n nission expires .3611" . � d6o " Notary Public CER'9'ni CATS OR APPROVAL •1 T2ris Boundary Line Adjustment is appmved by the undersigned in accordance with existing subdivision regulations and may be add d to ra=d. 6%cf Iq 0, �c date Frederick County Subdivision rstrator BK939PG0602 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A F1ETD RUN SURVEY PERFORM BY HAWKNS do ASSOCNTES ON APRIL 14, 1999. 2. THIS PLAT 1S SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO THU REPORT EMNISHED. 1, OTHER RIGHTS -OF -WAYS OF. EASEMP-45, IF MY, ARE N01 SHC7". 50) POINT W -W -AMM REaw S SET S 7936'5T E ,L < - TALL IRON PPE FOUND REM FOUND K 1944'2,r E 2.00 REB�R SET 180.64 \J RESAR FOUND TII 1538-3-24 HOLLID.AY U8 546 PG 637 Lo:' 23 Til 1538-3-5,6 BUCHER W8 109 PG 1377 I SHEET 3 OF 4 A=102.43' R=2976.79' 8=N 8244'21' 1W C=102.42' LOT 6 I Lor r;p PROPERTY UNE HEREBY VACATED S 70'15'3,rI E 100. N 770'15'34 W 100.00' e POLA's-VAW L. INE jWJU%WWf OF LOT 5, LOT 6, AW LOT 24 of WAW AVENM 1-0T5 PXX CWZK P15fMf IMMOM C01.l1`tTY.1/MN A 5CA-ar: W - 40' DAlr-: AF'M 14, 19-99 FW5F-W 0W2T MTM 57-'30-'-'5-24 9 ms, i 9 P6 1 LOT 5i,6 PROJECT 1995065 iP 5-16 F4 6!57 L01'24 '3 T� S 19'4-V2C Wi' iPK NAIL / 2.00' s>_T� SPK tWl P,) FOUND 6 uz t� Lo BION P1PETFA FOUND I to MiCHAELr9.ARTZ t No. 1251 Irk �T' 1n4 ��e+oczi�lrr� iroe-m� tbet t 8��aeltle� �.Sint] WXNM70R VA 22901-1710 iEL 540--W-37-u FAL 510 -667 -ma W TWE M39PG0603 SHEET 4 OF 4 The following is the metes and bounds description of a portion of Lots 5 & 6 of Ward Avenue Lots, located at the southwestern intersection of Northwestern Grade (U -S. Route 50) and Ward Avenue, in Hack Creek District, Frederick County, Virginia, and being a portion of the property conveyed to Claude Nelson Bucher & Dennis Keith Bucher by will of Kathleen Margaret Bucher by dated November 11, 1996 and recorded in Will Book 109, Page 1377. BEGINNING at a point at -the southwestern intersection of Northwestern Grade (U.S. Route 50) and Ward Avenue; thence with the western right-of-way line of Ward Avenue S 19-44-26 W 230.77 feet to a p.k. nail set, a corner with a 10,200 square foot parcel; thence making a new line through Claude Nelson Bucher & Dennis Keith Bucher N70 -15-34W 100.00 feet to a rebar set, a corner in the line of Lot 7; thence with Lot 7 N 1944-24 E 208.63 feet passing through a rebar found at 206.61 feet to a point in the southern line of said Northwestern Grade, a point on a curve to the left and having a radius of 2976.79 feet; thence with the are of said curve 102.43 feet with the right-of-way line of said road Long Chord S 82-44-21 E 102.42 feet to the beginning and CONTAINING 21,940 SQUARE FEET, SURVEYED APRIL 14, 1999. 1 The following is a metes and bounds description of Lot 24 and a portion of Lots 5 and 6 of Ward Avenue, in Back Creek District, Frededek County, Virginia, and being all of the property conveyed to John K. IjOMM Holliday by deed dated April 12, 1982 and recorded in Deed Book 546 Page 637 and a portion of the property conveyed to Claude Nelson Bucher & Dennis Keith Bucher by will of Kathleen Margaret Bucher by dated November 11, 1996 and recorded in Will Book 109, Page 1377. BEGINNIN.IG at a p.k, flail set in the v=estem rigat-of way line of Ward Avenue, a corner to a 21,940 square foot parcel, a new corner to Claude Nelson Bucher and Dennis Keith Bucher; thence with said right-of-way line S 19-44-26 W 2.00 feet to a p.k. nail found, a corner to Lot 24; thence S 19-48-08 W 50.00 feet to a rebar, set, a corner to Lot 25; thence with said lot N 70-15-34 W 199.99 fact to a rebar set in the line of Ralph W. Poe; thence with said Poe N 1947-35 E 50-00 feet to a rebar set, a corner to Lot 8; thence with Lot 8 in part and with Lot 7 S70 -15-34E 100,00 feet to a rebar found, a corner to Lot 7 and Lot 6; thence with Lot 7 N 19-44-24 E 100 feet to a rebar set; thence making a new line through Lot 6 and 5 with said 21,940 square foot parcel S 70-15-34 E 100.00 feet to the point of beginning. CON'T'AINING 10,200 SQUARE FEET. SURVEYED APRIL 14,1999. P 1 rFj OP V,RGNIkFREDERICK t G= MICHAELIv1.ARTZ Thia instrument wrinno Yras duced tom an i8 _ —�Y to at� No. 1951 and with canon ate of acknowledgment thereto annexed wad`admitted to record. Tax Imposed by Sec. 18.1-802 of and isim-sol have bean paid, It assessable. ��, ��Cwk �� C7 W Co 4000118 W THIS DEED, dated this 3V day of , 2004, by and between Of U DENNIS K. BLICHIER and PEGGY S. BUCHER, husband and wife, hereinafter called the Grantors, and CHRISTOPHER G. FRANCIS and SUSAN E. FRANCIS, husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty and English covenants of title unto the Grantees, in fee simple, as tenants by the entireties, with right of survivorship as at common law, all the following described certain real estate: Ail those two certain parcels of land (PIN 53B-3-7 and 53B-3-8) lying and being situate along the wr+estem side of Ward Avenue, a short distance west of Winchester, in Back Creek District, Frederick County, Virginia, and being the same parcels of land identified as Lot e7 and Lot 8 on the plat of Ward Avenue Lots, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 202, at Page 257; and more particularly described by plat and survey by H. Bruce Edens, L.S., dated May 2, 2002, of record in the aforesaid Clerk's Office with the next referenced Deed. These are the same properties conveyed to the Grantors herein by Deed dated July 22, 2002 from Harry R. Hodgson, Guardian and Conservator of Boleyn V. Hodgson, of record in the aforesaid Clerk's Office as Instrument No. 020007589. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions `J'"°"IM of record, affecting the subject property. 132 S. CAMMM sr WJmQzm7v,VA Q7 00 O � V -i r— Z C7 W Co 4000118 W THIS DEED, dated this 3V day of , 2004, by and between Of U DENNIS K. BLICHIER and PEGGY S. BUCHER, husband and wife, hereinafter called the Grantors, and CHRISTOPHER G. FRANCIS and SUSAN E. FRANCIS, husband and wife, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with General Warranty and English covenants of title unto the Grantees, in fee simple, as tenants by the entireties, with right of survivorship as at common law, all the following described certain real estate: Ail those two certain parcels of land (PIN 53B-3-7 and 53B-3-8) lying and being situate along the wr+estem side of Ward Avenue, a short distance west of Winchester, in Back Creek District, Frederick County, Virginia, and being the same parcels of land identified as Lot e7 and Lot 8 on the plat of Ward Avenue Lots, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 202, at Page 257; and more particularly described by plat and survey by H. Bruce Edens, L.S., dated May 2, 2002, of record in the aforesaid Clerk's Office with the next referenced Deed. These are the same properties conveyed to the Grantors herein by Deed dated July 22, 2002 from Harry R. Hodgson, Guardian and Conservator of Boleyn V. Hodgson, of record in the aforesaid Clerk's Office as Instrument No. 020007589. Reference is hereby made to the aforesaid instruments and the references therein contained for more particular descriptions of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions `J'"°"IM of record, affecting the subject property. 132 S. CAMMM sr WJmQzm7v,VA C) W Co .r_ - WITNESS the following signatures and seals: --�— (SEAL) ®TENNIS K. BU HER (SEAL) PE . BUCH R STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: d Acknowledged before me this day of, 2804, by Der K. Bucher and Peggy S. Bucher. My commission expires: ZD 31-Oc, r I -,.CA JT111f - • ' fc V1RGINLA MiEDERICK CO J'Nr' C ' on This in5t"1M jjt �)0j vnitingvrM produced �!,(!rcto itatand wits' Gt, to rc �zd ljcoLc n�r ilu� hY ScS 1-802 of was adn..3itt -a and 58.1-601 have b en paid, if assessable Lnw owes r Graves k M r 132 SCAM ST. WpicHpmit,VA 4_11� !, r , 41" J% Qt"18770 This Deed, made and dated this qday of September, 2004, by and between DENNIS KEITH BUCHER and. PEGGY S. BUCIi<ER, husband and wife, hereinafter called the Grantors, parties of the, first part, and THE MARATHON, BANK, a banking corporation, hereinafter called the Grantee, party of the second part Witnesseth: That for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors hereby grant and convey, with General Warranty and English covenants of title unto the Grantee, in fee simple, all the following described real estate; All that certain land in Back Creek District, Frederick County, Virginia, containing 21,940 sq. ft., lying on the south side of U.S. Route 50 west of Winchester, designated as Lot 5 (PITY 53-B-5) and Lot 6 (PIN 53 -B -e) on the plat of Ward Avenue Lots, which is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 202 at page 267 et seq.; less and except that parcel conveyed to John K. Holliday by deed of boundary line adjustment dated June 14, 1999, of record in said clerk's office in Deed Book 939 at page 596. These are the same properties conveyed to the Grantors herein by deed dated January 2001 by the devisees of Kathleen M. Bucher, of record in said clerk's office as Instrument No. 010000765. 0 rn C-11 CD C�) Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. In Witness Whereof we have set our signatures and seals: GCG nJ (SEAL) PEGGY S. BUCHER (SEAL) DENNIS KEITH BUCHER STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit Ackno ledged before me this 1J4- day of September, 2004, by DENNIS KEITH BUCHER and by PEGGY S. BUCHER. My commission expires: 1 - 30-D,- NOTA y'D, NOTA PUBLIC VIRGINIA: TrYtEDERICK COUNTY, SCT. This instrument of writingwas produced tome �i/I on —0 at �3 T. M. and with ccritticatc c,I thereto anncxcd was admitted to rcwrd. T itnpo�ed by Sec. 58.1-802 of $� 58.1-801 have been paid, if assessable �tt > Clark 05603499 Co o �l a, W THIS DEED made and dated this L?- of , 2005, by and between CHRISTOPHER G. FRANCIS and SUSAN E. FRANCIS, husband and wife, parties of the first part, hereinafter called the Grantors; and THE MARATHON BANK, party r of the second part, hereinafter called the Grantee. W=SSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other good and valuable consideration, receipt whereof is acknowledged, the Grantors do hereby grant and convey with general warranty and English covenants of Title, unto the Grantees, in fee simple, as tenants by the entireties, with the common law right of survivorship together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty- All ealty All of those two (2) certain contiguous lots or parcels of land, lying and being situate along the Western side of Ward Avenue a short distance west of Winchester in Back Creek (formerly Shawnee) Magisterial District, Frederick County, Virginia, and being the same parcels of land identified as Lots 7 and 8 on the plat of Ward Avenue Lots, which is recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 202, at Page 267; and further described by that certain plat and survey made by H. Bruce Edens, L. S., dated May 2, 2002 recorded in said Clerk's Office attached to the deed next hereinafter mentioned and incorporated herein as if set out in full. This is the same property conveyed to Christopher G. Francis and Susan E. Francis, husband and wife, from Dennis K. Bucher and Peggy S. Bucher, husband and wife, by Deed dated January 30, 2004 and recorded in the aforesaid Clerk's Office as Instrument No. 040001588. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained for a more particular description of the property hereby LAI, it pM�s 1, Crr,sUR conveyed. isr eoscnw¢+stet -CHESTRk nrtrnNu �eo� I..WI E4".-IZni WITNESS the following signatures and seals- cj)_-_, c; CHRISTOPHER G. FRANCIS �/ 1�. Ak,0__&0 KCili (SEAT.) SUSAN E. FRANCIS STATE OF VIRGINIA CITY/G&6 Y OF!/N r -7L , to -wit: �J nzai d Pp a Notary Public in and for the State and jurisdiction aforesaid do hereby certify that CHRISTOPHER G. FRANCIS and SUSAN E. FRANCIS whose names are signed to the foregoing Deed, b caring date of the ZL day of 2005, have personally appeared before me and acknowledged the same. Given under my hand this day of 2005. My commission expires SEAL AFFIXED otaryPublic VIRGINIA_ FREDERICK COUNTY, SCI. This instrument of writing was produced to me on —at `1 t 3( Pm and with certificate of acknowledgement thereto annexed was admitted to rcwrd. T imposed by Sec 58-1-802 of Ob $ . and 58.1-801 have been paid, if assessable . Clerk ssyy�'p .......... # LOTS 5& 6 536-3-5,6 SUCHER INST. 3�' 990006865 BENT IRF 0 4. LOT 24 53B-3-24 JOHN HOLLIDA Y 7p3s50 W BQA 700 ENUZ r LOTS 7 cot 8 53B-3 7, 8 LAGAN R. HODGSON do BOLEYN HODGSON 'J DB 501 PG 1 0.4653 ACRES Z-� BOARD FENCE UNE i! S7UCCOE & clock BU0�NG aK£CL/NC 5.1' y' ;2061 Wo .J IRF '1 53-A-82 t DARLA POE F(INKHOUSER SHARON S POE W DB 394 PG 121 C�p� 10zzs T �y f 20. � � 8.1' I 3.0' # I � r�` %m AI[P CFI ORCH 1 tit 510EWA[K STONE RETAIR RE FENCE LWE wa ins R-2978.79' '1RS N s. NORTHWESTERN GRADE 1, NO 777LE REPORT FURNISHED US ROUTE 50 2. PROPERTY ID.-N771'7CA 77ON N0. 539-3-7,' 8 160' RIW 3. WPP - K1709 P000? POLE U.S. ROUTE 50 IRF - IRON ROD FOUND -------------------- IRS - IRON ROD SET YH -- YARD HYDRANT ,NLP - METAL UGHT POLE - - GRAPHIC SCALE 4 BOUNDARY 11W IOWA 77ON SHOWN HEREON IS +0 0 BASED ON AN ACTUAL f7ELD SURVEY MADE 'ON�� -- -_j ��— j APRIL 25, 2002 Oh°IEN1EV rO PLAT OF SUl wy — --J DA 7ED APRIL 14 1.999 BY MICHEAL M. ARTZ L s 1 Inch R 40 ft. BOUNDARY SURWY ON Lor 7 & Lor 8 WARD A VENUE L O TS 2061 NOWHWEMW PIKE BACK CRMMAGIS72FRIAL DISTRICT FREDERICK CWNTY, MYNA DA 7E: AM Y 2, Z002 SCALE.' 11=40' 1D 4119 JARJO,TH OF f� A. Bruce f��Edens No, 000162—B 'Md�b suRUE,1�4 1 MARSH & LEGGE IDUDOUN R, � WINCHESTEGIN]ABZ'26801' 4 Land Surveyors, P.L.C. PHONE (640) 687-0468 FAX 540 667-0469 DAF COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 niTF"ORAND A/1 TO: Frederick County Planning Commission FROM: Mark R. Cheran, Zoning and Subdivision Administrator <d RF: Buffer Distance Waiver Request — Old Massey Store DATE: March 23, 2005 The property is located in the northwestern quadrant at the intersection of North Frederick Pike (Route 522 N) and Burnt Church Road (Route 678), and is identified by Property Identification Number 42-A-81 in the Gainesboro Magisterial District. On behalf of David Hicks, owner of the Old Massey Store, Greenway Engineering is requesting a buffer distance waiver of Frederick County Zoning Ordinance, Article IV, Supplementary Use Regulations, Section 165-37D(l)(a), Buffer and Screening Requirements, to allow for elements of the parking lot to be located within ten feet of the adjoining property. This proposed waiver will not alter the office setback lines or change the proffered General Development Plan (GDP). This proposed waiver is only from the buffer distance requirement of the zoning ordinance. A copy of the letter from Greenway Engineering is attached, explaining the request. A recommendation from the Planning Commission to the Board of Supervisors is requested. MRC/bad Attachments 107 forth Kept Street, Saitie 202 • Win pester, Virginia 22664-5000 42 A 77 PULLIAM, LOUISE C TRUSTEE 1 h C:: z 0 m N O D 0 r O7 m D m 42 A 79 FLOWERS, JAMES P JR. 42 A 84 BROWN, FERN ELIZABETH CRAWFORD 42 A 78 TIDIS PROPERTIES, INC. 42 A 80 FLOWERS, JAMES P JR. 42 A 81 HICKS, DAVID A, & LINDA W B2 Church j � 1 h Q � 42 A 82 DOYLE, SHARON S i Its { 789 y y m� 42 A 83 9 LEGEER, GARRY L SR & SHARON E Map Features / # 02 — 05 V V /-� V WAV Plication ^� C.tl c aivena �.. uParCl& Buffer Distance LakesiPonds ^� Dams Agricultural 8 Porestral Districts •Streams /oadCeiningWalls Buimings Road Centerlines =RefugDuble Church N Refuge Church Old Massey Store (42 - A - 81 ) Tanks South Frederick W E Traiis 0 25 50 100 S - Feet 42 A 62 DTS, LC ,-kw,% r 42 e� I-LIFtP.4, L(Jl9ISE G' 7RIJ5TfilE 4 7t9 FLOWERS, JAMES RJR. a ]rim V . c. C _a j/pI r • � • � 1 " tA 84 Q'VVN, FE MBETH CRAWFORD h R 78 ' ERTIE5. '~ e t 1 Y TDAVII HICKS4, UA W' r. iRY L SR 8 NARCJN 5 Burnt Chum WAV # 02 - 05 Buffer Distance Old Massey Store ( 42 - A - 81 ) 0 25 50 100 Feet Map Features Application /IvBridges ^, Culverts Parcels LakeslPonds � Daltural8 100Vms AgrlcuForestral Dlstriets +.— streams ^,' R,daining Walls 0-ble Church Buildings Road Centerlines N Refuge Church ® Tanks �'''f L-] so.tn rrederlok W E Trails S iRY L SR 8 NARCJN 5 Burnt Chum WAV # 02 - 05 Buffer Distance Old Massey Store ( 42 - A - 81 ) 0 25 50 100 Feet h i Founded in 1971 March 17, 2005 Frederick County Planning Department Attn: Mark Cheran, Zoning Administrator 107 North Kent Street Winchester, VA 22601 RE: Buffer Distance Waiver Request — Old Massey Store Site Plan Dear Mark: The purpose of this letter is to request Planning Commission and Board of Supervisor consideration of a buffer distance waiver for tax map parcel 42-((A))-81, owned by David A. Hicks. As you know, the Board of Supervisors approved Rezoning Application #06-04 for the development of an office building on this parcel with associated proffers. In order to implement this plan, it will be necessary to obtain a buffer distance waiver as permitted in Section 165- 3 7D(1)(a) of the Frederick County Zoning Ordinance. Approval of the buffer distance waiver will allow for elements of the parking lot to be located within 10 feet of the adjoining James P. Flowers, Jr., parcels. This waiver will not alter the office building setback and will require all elements of a full landscaped buffer, including a six-foot wooden fence to be developed between the Hicks and Flowers properties. Attached with the site plan is the applicable adjoining property owner consent information, which is a requirement for filing for this waiver. Mr. Hicks would like this waiver request to be scheduled concurrently for the April 20, 2005 Planning Commission and the April 27, 2005 Board of Supervisors meetings if possible. Mr. Hicks is aware that consideration by the Board of Supervisors on April 27th is conditioned upon a recommendation being forwarded by the Planning Commission at their April 2e meeting. Please advise me if you have any questions regarding this request, or if you need any additional information. Thank you for your assistance regarding this matter. Sincerely, m � , Evan Wyatt, AICP Greenway Engineering Cc: David Hicks Jim Flowers Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 File #3865/EAw www.greenwayeng.com OWNER CONSENT TO ADJOINING PROPERTY BUFFER DISTANCE WAIVER This document, made and dated March 17, 2005, is for the purpose of providing consent and support to the request of David A. Hicks to obtain a buffer distance waiver as provided for in Section 165-37D(1)(a) of the Frederick County Zoning Ordinance on tax map parcel 42-((A))-81, which is zoned B-2, Business General District. Consent to the buffer distance waiver shall apply to adjoining tax map parcels 42-((A))-79 and 42-((A))- 80, which are zoned RA, Rural Areas District and owned by James P. Flowers, Jr., as evidence by deeds recorded in Frederick County, Virginia as Instrument Numbers 030018252 and 040017072. Consent to the buffer distance waiver is based on the following: ➢ The David Hicks office building will remain at least 50 feet from the adjoining property lines of tax map parcels 42-((A))-79 and 42-((A))-80. ➢ The required six-foot high fence and landscaping will be located on David Hicks property identified as tax map parcel 42-((A))-81, with the fence situated on the property line and the landscaping located on the opposite side of the fence from of tax map parcels 42-((A))-79 and 42-((A))-80. ➢ David Hicks will incur all costs associated with these improvements and all costs associated with legal recordation of this document. WITNESS the following signature and seal: es P. Flo r Jr. wner — Tax Map Parcels 42-((A))-79 and 42-((A))-80 Commonwealth of Virginia, City/County of (_ uaJ iC�� C6 . To Wit: The foregoing instrument was acknowledged before me this 16 r day of �&�A ' 20G5 by , Notary Public My Commission Expires 11�(,U Z f �c G~