PC 12-03-03 Meeting AgendaAGENDA
FREDERICK COUNT V PLANNING COMMISSION
The Board Room
Frederick County Administration Building
Winchester, Virginia
December 3, 2003
7:00 P.M. CALL TO ORDER
TAB
1) November 5, 2003 Minutes ............................................... (A)
2) Committee Reports ................................................. (no tab)
3) Citizen Comments ................................................. (no tab)
PUBLIC HEARING
4) Rezoning #12-03 of Craftsman Auto Body, submitted by Painter -Lewis, P.L.C., to rezone
2.38 acres from B2 (Business General) District to B3 (Industrial Transition) District. This
property is located at the intersection of Valley Pike (Route 11) and Prosperity Drive, and is
identified with Property Identification Number 75 -A -2E in the Back Creek Magisterial
District.
Mr. Camp............................................................. (B)
PUBLIC MEETING
5) Master Development Plan #07-03 for Hiatt Run Condominiums, submitted by Painter -
Lewis, P.L.C., for multi -family residential condominiums. The property is located at the
intersection of Route 11 and Route 838, near Stephenson, and is identified with Property
Identification Numbers 44-A-17, in the Stonewall Magisterial District.
Mr. Camp............................................................. (C)
6) Subdivision Request #12-03 for Vine Lane Subdivision, submitted by Bowman Consulting,
for four single-family detached lots. The property is located 2.2 miles south on Front Royal
Pike (Route 522) from the intersection of Route 522 and Route 50, and is identified with
Property Identification Number 64-2-D4, in the Shawnee Magisterial District.
Mr. Cheran ............................................................ (D)
DISCUSSION
7) Review of site plan for the New Frederick County Middle School. The site is located on the
eastern side of Front Royal Pike (Route 522), south of its intersection with Papermill Road
(Route 644).
Mr. Camp............................................................. (E)
8) Other
Interested citizens may appear before the Commission to speak on the above items. A copy of the
agenda will be available at the Handley Library and the Bowman Library approximately one week
before the meeting. Further information may be obtained at the Department of Planning and
Development, 107 North Kent Street, Winchester, Virginia, or by calling (540) 665-5651. You can also
visit us on the web at: www.co.frederick.va.us/PlanningAndDevelopment/PlanningAndDev.htm.
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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 November 5, 2003.
PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; Roger L. Thomas, Vice
Chairman/Opequon District; Greg L. Unger, Back Creek District; Pat Gochenour, Red Bud District; Marie
F. Straub, Red Bud District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; George
J. Kriz, Gainesboro District; John H. Light, Stonewall District; Charles E. Triplett, Gainesboro District;
William C. Rosenberry, Shawnee District; Cordell Watt, Back Creek District; Gene E. Fisher, Citizen at Large;
Lynda Tyler, Board of Supervisors Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook,
Legal Counsel.
STAFF PRESENT: Eric R. Lawrence, Planning Director; Christopher M. Mohn, Deputy Planning
Director; Jeremy F. Camp, Planner II; and, Renee' S. Arlotta, Clerk.
CALL TO ORDER
Chairman DeHaven called the meeting to order at 7:00 p.m.
MINUTES - SEPTEMBER 3, 2003 SEPTEMBER 17, 2003, AND OCTOBER 1, 2003
Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the
minutes of September 3, 2003 were unanimously approved as presented.
Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the
minutes of September 17, 2003 were unanimously approved as presented.
Upon motion made by Commissioner Kriz and seconded by Commissioner Thomas, the
minutes of October 1, 2003 were unanimously approved as presented.
Frederick County Planning Commission
Draft Minutes of November 5, 2003 Page 1185
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COMMITTEE REPORTS
Development Review & Regulations Subcommittee (DRRS) - 10/23/03 Mtg.
Commissioner Thomas reported that the DRRS discussed potential changes to the ordinance
for parking of trucks, vans, semi -trailers, and definitions in the RP -zoned areas.
Historic Resources Advisorty Board (HRAB) - 10/21/03 Mtg.
Conunissioner Gochenour reported that the HRAB is working on plans for developing a guide
which will help the HRAB with reviews and decision-making. She said that Maral Kalbian has been very
helpful in this process. Conunissioner Gochenour also reported that she will be attending the Preservation
Alliance Conference on November 16-18.
Sanitation Authority (SA) - 10/21/03 Mtg-
Commissioner Fisher reported that the Sanitation Authority's Engineer -Director, Mr.
Wellington H. Jones, reported that the SA was well-prepared for Hurricane Isabel and did not experience any
major problems; he said that the Parkins Mill plant stayed within limits. Mr. Jones also reported that the SA's
inspection program for businesses regarding fats, oils, and greases in sediment traps has proven to be
successful. It was reported that at the onset of the program, only 7% of businesses inspected were in
compliance and presently, only 7% are not in compliance. It was noted that the grease element has an affect
on sewer lines.
PUBLIC MEETING
Master Development Plan #08-03 for Abrams Pointe, submitted by G. W. Clifford & Associates, Inc.,
for 240 single-family detached urban lots on 117.74 acres, zoned RP (Residential Performance). The
application is a revision of the currently approved Master Development Plans #07-89, Abrams Pointe,
and #02-95, Coventry Court. The property is located north of Frederick Heights, south of Brookland
Heights, east of Heritage Hills, and west of Briarwood Estates. Abrams Creek flows adjacent to the
north property line. The site is identified by P.I.N.s 54-3-1, 55-2-1, 55-A-185, 55-A-186, and 55-A-187,
all within the Red Bud Magisterial District.
Action - Recommended Approval with Conditions
Frederick County Planning Commission
Draft Minutes of November 5, 2003 Page 1186
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Chairman DeHaven said that he would abstain from all discussion and voting on this item, due
to a possible conflict of interest. Chairman DeHaven turned the conduction of the meeting over to Vice
Chairman Thomas.
Planner Jeremy F. Camp stated that the original Abrams Pointe MDP proposed site access at
three separate locations: the Williamson Road connection, the Greenwood Road connection, and the connection
to Hunter Run Road. He said that the elimination of the bridge crossing and the Hunter Run Road connection,
to the north, are the primary changes proposed on this revised MDP. Planner Camp noted that the Hunter Run
Road connection is a planned connection in the Eastern Frederick County Road Plan found in the
Comprehensive Policy Plan. He said that the applicants believe it is no longer necessary to provide the Hunter
Run Road connection due to the recent Greenwood Road improvements and the potential for Hunter Run Road
to become a cut -through from Valley Mill Road to Greenwood and Senseny Roads.
Plainer Camp also pointed out that the applicant's revision necessitates conformance with
several new zoning ordinance requirements which were not adopted at the time of original approval and
includes the protection of the creek with a riparian buffer, sidewalks on both sides of the road, curb and gutter,
street lights, a road efficiency buffer, and landscaping. Planner Camp said the applicant has agreed to provide
all of these improvements.
Planner Camp provided four points of concern that were identified by the staff, as follows:
1) the width of the riparian buffer is incorrectly scaled on the proposed plan and will need to be corrected;
2) the proposed transportation mitigation, consisting of a signalization agreement with VDOT and traffic -
calming measures, should be noted on the proposed plan; 3) the applicant has requested a waiver to allow
individual lots to be located within the active portion of the required road efficiency buffer along Greenwood
Road; and 4) the applicant's proposal to remove the bridge crossing and road connection to Hunter Run Road
is inconsistent with the Eastern Road Plan.
Mr. Charles E. Maddox, Jr., with G. W. Clifford & Associates, the design company
representing the owners, Jasbo, Inc. and Fred L. Glaize,111, stated that he represented the original MDP in the
1980's. Mr. Maddox addressed the four issues raised by the planning staff. He agreed with the planning staff
that the riparian buffer was calculated incorrectly and he assured the Commission that it will be corrected on
the master plan; he also agreed to place a notation on the master plan regarding a signalization agreement with
VDOT. Regarding issue #4, Mr. Maddox said that in the 1980's, the Eastern Road Plan projected a number
of multiple points of connection to Rt. 7 by roads leading north out of the UDA (Urban Development Area).
He said that although Hunter Run Road was considered as a possible connection, the WATS and various
transportation studies conducted over time resulted in the consolidation of those connections into an improved
Greenwood Road. Mr. Maddox said that because of the increased capacity created by the Greenwood Road
improvements, the Hunter Run Road connection is now worthy of reconsideration. In addition, he noted that
the Hunter Run Road connection would create undesirable cut -through traffic and increased impact on Valley
Mill Road and its Rt. 7 intersection.
Mr. Maddox next addressed the active road efficiency buffer waiver request. He agreed to
follow the planning staffs recommendation to use the 40' inactive and 10' active buffer option. However, he
requested that the Commission allow the rear lot lines of the platted lots on the Coventry Courts portion of the
project along Greenwood Road to encroach into the 10' active portion of the 50' buffer, in order for them to
achieve the minimum performance requirements of the ordinance.
Frederick County Planning Commission
Draft Minutes of November 5, 2003 Page 1187
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Commissioner Gochenour had concerns about how the stream valley would be protected, if
the proposed homes were located at the top of the bluff. She believed that the topography of the land needed
to be considered, not only the road improvements, buffers, and waivers. Mr. Maddox replied that all of the
lots will be located in the plateau area and they have taken steps to protect the stream valley and the steep
slopes. He said that sewer lines will not encroach on the flood plains; they will be located high and on the
plateau area. He assured the Commission that an intentional part of the design plan was not to disturb the flood
plain area or the area around the stream.
Vice Chairman Thomas inquired about the Williamson Road connection into the development
on the south. He asked Mr. Maddox if it was practical, from an engineering/traffic standpoint, to consider a
Williamson Road connection to Hunter Run Road as a potential future major collector road. Mr. Maddox did
not believe so; he said they encountered similar issues in Fredericktowne, dealing with Warrior Drive, and it
was simply unacceptable to the residents.
Commissioner Rosenberry inquired about the comments from the Parks and Recreation
Department regarding a linear trail system. Mr. Maddox said that the revised plan for this project is proposing
a sidewalk system instead of the previous proposal for a trail system. He said that sidewalks are proposed for
both sides of all streets and will be linked into the open space. Mr. Maddox questioned whether this property
owners' association should be responsible for maintenance and security of a plan down along the stream valley
that is essentially outside of their living area. He also remarked that in order for this area to be a useable trail
system, it would have to be linked into other areas. He said that should the County desire to create a publicly -
owned trail system, they will agree to make the land legally available by placing a notation on the master plan.
Commissioner Gochenour believed that any new subdivisions proposed for the Senseny Road
area need to address the schools, the fire and rescue issues, and the transportation issues.
Vice Chairman Thomas raised a comment about construction traffic and phasing. He
requested that a requirement be placed on all lot sales contracts instructing all construction traffic to use
Greenwood Road and not traverse through the existing development by way of Williamson. Mr. Maddox
agreed to the suggestion, which was meant to minimize the noise and dust of construction traffic for the existing
residents.
Mr. Lloyd Ingram, VDOT representative, next came forward to answer questions from the
Commission. Vice Chairman Thomas inquired if Mr. Ingram concurred with Mr. Maddox's statements
concerning the elimination of the Hunter Road connection, the traffic impacts, and mitigation of increased
traffic proposed by the applicant. Mr. Ingram believed that the plan proposed was the best plan available. Mr.
Ingram remarked that the older, established subdivision to the south will not be able to handle a large amount
of cut -through traffic. He said that VDOT prefers routing the traffic out to Greenwood. He said Mr. Maddox
has agreed to incorporate some of the traffic calming devices to reduce cut -through traffic from Senseny up
to Greenwood. Mr. Ingram was not in favor of building a bridge to the north and believed it would only create
more problems.
Commissioner Straub inquired about the installation of a jersey wall on Williamson Road until
such time as construction is completed. Mr. Ingram replied that VDOT could discuss with Mr. Maddox the
possibility of a Type 3 barrier, instead of the jersey, causing traffic to use strictly the Greenwood entrance.
Frederick County Planning Commission
Draft Minutes of November 5, 2003 Page 1188
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Commissioner Light agreed with Vice Chairman Thomas' comments regarding the restriction
of construction traffic. Commissioner Light suggested that a construction traffic movement review process
be incorporated as a regular part of the master development plan review process.
Vice Chairman Thomas next called for public comments and the following persons carne
forward to speak:
Ms. Betty Winslow and Ms. Brenda Vance, residents of Greenwood Road, came forward to
address the Commission. Regarding the requested waiver, Ms. Winslow encouraged the Commission to favor
an 80' screened setback from Greenwood because it would conform with the Briarwood subdivision across
Greenwood Road. Ms. Winslow expressed her and Mrs. Vance's concern about water run-off possibly
affecting adjoining properties. She also expressed their concern about the impact of the proposed development
on schools, emergency services, and roads. Due to the increased traffic on Greenwood Road and the increase
in subdivision development in this vicinity, she believed there was a need for the Route 37 Bypass. Ms.
Winslow commented about the single traffic signal, located at the intersection of Greenwood and Senseny
Roads; she stated that with the high volume of traffic, additional traffic signals were needed. She also
commented about the increase in the number of traffic accidents occurring at the Valley Mill and Greenwood
Road intersection.
Mr. David Pacini, a resident off of Ridge Road, had similar concerns. Mr. Pacini was
concerned about water run-off exacerbating neighborhood flooding problems. He expressed concern about the
Milam Drive connection and the possibility of traffic cutting through established subdivisions.
Mrs. Geralyn Mohn was in favor of common areas in new developments because they created
a safe place for children to play. Mrs. Mohn suggested that a common area be placed between Frederick
Heights and the Abrams Pointe subdivisions in order to provide an off-street area for the neighborhood
children. She also suggested the installation of flashing lights on Senseny Road to slow traffic.
Since everyone who wished to speak had been given an opportunity to do so, Vice Chairman
Thomas closed the public comments portion of the meeting.
Mr. Maddox returned to the podium to address some of the concerns raised by the citizens.
Regarding the drainage concerns, he stated that the majority of the topography falls away from the exiting site.
He said the remaining drainage will be handled by the storm sewer system along the roadway and they have
a plan to make sure the drainage does not affect residents along Ridge Road. Regarding the open space on the
plan, Mr. Maddox reported that 20 percent of the site is designated for open space, while only 15 percent is
actually required in the ordinance for RP Districts.
Commissioners pointed out that this proposal is a revision to an existing, approved master
development plan, there is a reduction in the number of houses proposed from 265 to 240, and by not using
Hunter Run Road, the revision does not create a disturbance to the flood plain.
Commissioner Gochenour commented that 12-13 years have passed since this original plan
was approved and considerable development has occurred in the Senseny Road area since that time. She
believed this should have a bearing on the consideration ofthis proposal. Commissioner Gochenour commented
that there were great problems facing the Senseny Road and Greenwood Road areas. She believed the issues
Frederick County Planning Commission
Draft Minutes of November 5, 2003 Page 1189
wow
brought out with this master plan had not been fully addressed.
Commissioner Light made a motion to approve Master Development Plan #08-03 of Abrams
Pointe with items #1 and #2 of the staWs report added to the master plan, with an agreernent of the
signalization as discussed, to allow for the reduced distance buffer for the Greenwood Road lot allocation, and
for the allowed change in the Comprehensive Policy Plan's Eastern Road Plan. This motion was seconded by
Commissioner Morris.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of
Master Development Plan 408-03 for Abrams Pointe, submitted by G. W. Clifford & Associates, Inc., for 240
single-family detached urban lots on 117.74 acres, zoned RP (Residential Performance) with the following:
1) the master development plan shall show the riparian buffers to be at least 35' in width, measured from both
sides ofthe channel scar line; 2) the applicant will provide a notation on the master development plan indicating
their commitment to enter into a signalization agreement with VDOT and to implement traffic calming
measures along Williamson Road; 3) a waiver to allow individual lots to be located within the active portion
of the required road efficiency buffer along Greenwood Road; and, 4) to allow the requested change to the
Comprehensive Policy Plan's Eastern Road Plan by removing the bridge crossing and road connection to
Hunter Run Road. This application is a revision ofthe currently approved Master Development Plans #07-89,
Abrams Pointe, and #02-95, Coventry Court.
The majority vote was as follows:
YES (TO APPROVE): Rosenberry, Triplett, Fisher, Kriz, Ours, Thomas, Light, Morris, Unger, Watt
NO: Gochenour, Straub
ABSTAIN: DeHaven
Vice Chairman Thomas next turned the conduction of the meeting back over to Chairman
DeHaven.
Frederick County Planning Commission
Draft Minutes of November 5, 2003 Page 1190
ADJOURNMENT
unanimous vote.
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No further business remained to be discussed and the meeting adjourned at 8:30 p.m. by a
Respectfully submitted,
Charles S. DeHaven, Jr., Chairman
Eric R. Lawrence, Secretary
Frederick County Planning Commission
Draft Minutes of November 5, 2003 Page 1191
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REZONING APPLICATION #12-03
CRAFTSMAN AUTO BODY
Staff Report for the Planning Commission Meeting
Prepared: November 17, 2003
Staff Contact: Jeremy F. Camp, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report. As this
application proceeds through the legislative review process, the method(s) of resolution for each
issue proposed by the applicant(s) and/or recommended by the Planning Commission or Board
of Supervisors will be stated in the text of this report.
Reviewed Action
Planning Commission: 12/03/03 Pending
Board of Supervisors: 01/07/03 Pending
PROPOSAL: To rezone 2.38 acres from B2 (Business General) District to B3 (Industrial
Transition) District.
LOCATION: The property is located at the intersection of Valley Pike (Route I 1 South) and
Prosperity Drive (Route 1129), and is part of the Kernstown Business Park.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 75 -A -2E
PROPERTY ZONING & PRESENT USE:
ZONED: B2 (Business General) USE(S):
ADJOINING PROPERTY ZONING & PRESENT USE:
NORTH: ZONED: B2 (Business General) USE(S)
SOUTH: ZONED: B2 (Business General) USE(S):
EAST: ZONED: B2 (Business General) USE(S):
Undeveloped/Vacant
Undeveloped/Vacant
Bank Offices &
Prosperity Drive
Auto Dealership,
Undeveloped/Vacant &
Valley Pike (Route 11 South)
WEST: ZONED: B2 (Business General) USE(S): Sales/Dental Office
REZ #12-03, CRAFTSMAN AUTO BODY
Page 2
November 17, 2003
PROPOSED USE: Automotive repair, with body shop and automobile leasing
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this
property appears to have no measurable impact on Prosperity Drive. This is the roadway which as
been considered as the access to the property referenced. VDOT is satisfied that the transportation
proffers offered in the Craftsman Auto Body rezoning application dated June 10, 2003 addresses
transportation concerns associated with this request. Before development, this office will require
a complete set of construction plans detailing entrance designs, drainage features, and traffic flow
data from the I.T.E. Trip Generation Manual Sixth Edition for review. VDOT reserves the right to
comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-
site roadway improvements and drainage. Any work performed on the State's right-of-way must
be covered under a land use permit. This permit is issued by this office and requires an inspection
fee and surety bond coverage. Thank you for allowing us the opportunity to comment.
Fire Marshal: Site plan shall reflect the requirements of Frederick County Code for fire protection.
Stephens City Volunteer Fire & Rescue: After a review of the information submitted, there are no
concerns noted by the Stephens City Fire and Rescue Department. We would recommend the plan
be approved as submitted.
Frederick -Winchester Service Authority: No comment.
County Engineer: We have no comments at this time. We will perform a detailed review at the
time of the site plan submission.
Sanitation Authority: No comment.
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. As indicated in the impact analysis statement,
according to the Rural Landmarks Survey Report of Frederick County, there are no significant
historic structures located on the property. It should be noted that the National Park Service Study
of Civil War Sites in the Shenandoah Valley does not identify any battlefields that this proposed
rezoning would impact.
County Attorney: Proffers appear to be in proper form.
Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that
it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to
review this request.
REZ #12-03, CRAFTSMAN AUTO BODY
Page 3
November 17, 2003
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle)
depicts the zoning for the subject parcel as B2 (Business General) District. The original
master development plan for the Kernstown Business Park was approved September 3,1991,
under the name RT & T Partnership. A revised master development plan was approved on
November 4, 1998 to reflect the rezoning of 17.84 acres in the rear of the site from the B2
(Business General) District to the B3 (Industrial Transition) District on October 14, 1998.
Currently, the Kernstown Business Park consists of 11.79 acres of B2 (Business General)
District and 17.84 acres of B3 (Industrial Transition) District.
2) Location
The property is located at the intersection of Valley Pike and Prosperity Drive, and is part
of the Kemstown Business Park. From Valley Pike, the property is in front of Affordable
Dentures (75 -A -2L) and across the street from Miller Auto Sales (75 -A -11 C) and Valley
Farm Credit (75 -A -2G). The property is within the Back Creek Magisterial District.
3) Comprehensive Policy Plan
The subject property is part of the Route 11 South Corridor land use plan, as found on pages
6-23 through 6-27 of the 2000 Comprehensive Policy Plan. This land use plan covers an area
which extends from Route 37 to the northern portion of the Town of Stephens City. It
outlines a future plan for the area to become a business/office corridor where Valley Pike
would take a "parkway -like appearance" '. The plan also calls for industrial/office uses
along the Baltimore and Ohio railroad and "two future collector roads which would connect
the proposed future commercial development areas with Valley Pike and Fairfax Street, west
of Stephens City, and ultimately, with Tasker Road (Route 642), on the east side of Interstate
81 2. The parcel which comprises this rezoning is planned for future business/office uses.
It is entirely within the boundaries of the UDA (Urban Development Area).
The "Route 11 South Corridor" land use plan calls for enhanced design standards along
Valley Pike from Route 37 to the northern portion of Stephens City. The most stressed
design standard is the need for "extensive screening and setbacks" adjacent to Valley Pike.
Some of the other design standards recommended include enhanced landscaping along
Valley Pike, a bike and pedestrian trail, traditional board fencing along Valley Pike and
2000 Comprehensive Policy Plan, page 6-24
2 2000 Comprehensive Policy Plan, page 6-24
REZ #12-03, CRAFTSMAN AUTO BODY
Page 4
November 17, 2003
within developments, monument style signs, and no individual entrances along the frontage
of Valley Pike.
4) Site Suitability
Land Use Compatibility:
All of the parcels which abut the subject property are zoned 132 (Business General). B3
(Industrial Transition) zoned parcels are located at the end of Prosperity Drive. M1 (Light
Industrial) zoning exists to the north of the subject property, on the opposite side of the
Baltimore and Ohio railroad tracks. The RA (Rural Areas) District lies to the south, and
beyond I-81 to the east.
Environmental Compatibility:
No floodplain, wetlands, steep slopes, prime farmland, natural waterways, or mature
woodlands are located on the parcel.
Historic Resources Compatibility:
As indicated in the applicant's Impact Statement, and in the above -referenced HRAB
comments, no significant historical resources will be impacted by this rezoning.
Transportation Compatibility:
Access to the subject parcel will be from Prosperity Drive (Route 1129). Prosperity Drive
is currently a local road which is the primary access to all lots within the Kernstown Business
Park. The Master Development Plan for the Kernstown Business Park allows for the
potential of extending Prosperity Drive to become a collector road, linking Valley Pike
(Route 11 South) and Shady Elm Road (Route 651), if determined appropriate by the County
in the future.
Valley Pike is a major collector road and an important corridor in Frederick County. Based
on 2001 traffic count information, Valley Pike has 8,300 AADT (Average Annual Daily
Traffic). Valley Pike is planned to be widened in the future to a four lane urban roadway and
is currently the second priority on the Frederick County Primary Road Improvement Plan.
The applicant's Impact Statement projects that the development of this parcel would have
a maximum impact of 49.92 trips per day. This would increase traffic on Valley Pike by
approximately 0.6%. As noted by VDOT, this increase does not constitute a measurable
impact on adjoining roads.
Sewer and Water Compatibility:
The site is located within the SWSA (Sewer and Water Service Area). The applicant's
Impact Statement calculates that the maximum water usage per day would be 450 gallons.
1) Proffer Statement
The applicant has submitted a proffer statement which has been signed by the property owner,
notarized, and reviewed by the County Attorney's office. The following list is a summary of
REZ #12-03, CRAFTSMAN AUTO BODY
Page 5
November 17, 2003
the conditions voluntarily proffered by the applicant:
• Installation of a storm water runoff quality treatment facility
• Other than SIC 75, which accounts for auto repair and auto leasing, the applicant has
proffered to prohibit all uses in the B3 (Industrial Transition) District that are not also
allowed in the B2 (Business General) District.
• No entrance from Valley Pike will be permitted.
• Compliance with the submitted "General Development Plan". (exhibit 3)
• Compliance with the submitted "Architectural Rendering Concept". (exhibit 9)
• Compliance with the submitted parking plan for vehicles awaiting repair. (exhibit 10).
• All freestanding signage will be limited to a monument style sign in conformance with
the submitted illustration. (exhibit 11)
6) Issues
A) Compatibility. Some of the uses allowed within the B3 Zoning District may not
be appropriate for the business/office corridor proposed by the Route 11 South
Corridor land use plan. The current zoning layout of B2 (Business General) uses
along Valley Pike (Route I 1 S) followed by B3 (Industrial Transition) uses further
west is a logical progression of land uses. However, the applicant has proffered to
prohibit all B3 (Industrial Transition) District uses not also allowed in the B2
(Business General) District, except for automobile repair and automobile leasing.
Therefore, the question of compatibility is essentially whether or not an automobile
repair and automobile leasing use is appropriate at this location. Please note that
Valley Farm Credit and Affordable Dentures (adjoiningproperties) have contacted
staff to express their opposition to this rezoning application.
B) Landscaping. The Route 11 South Corridor land use plan calls for enhanced
landscaping along Valley Pike. This rezoning application does not offer any
additional landscaping. Please note that the grass berm shown on the General
Development Plan would be required by the Zoning Ordinance.
STAFF CONCLUSIONS FOR THE 11/15/03 PLANNING COMMISSION MEETING:
The proposed rezoning is a request to rezone a parcel consisting of 2.38 acres from the B2 (Business
General) District to the B3 (Industrial Transition) District with the intent of accommodating an
automobile leasing and repair facility. All of the above issues identified by staff, as well as all
concerns ofthe Planning Commission, should be appropriately addressed prior to a recommendation
to the Board of Supervisors. Staff believes that the key issue for the Planning Commission to
consider is whether or not automobile repair and automobile leasing is an appropriate use at this
location.
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Middle Schools
524,989
ERR50
Rgh Schools $0
$0
SO
—
Parks and Recrealion $0
$0
ERR
Public Lb
Shen7Ps Qifices
�0
SO
—
$D
$9
ERR
so
Admuristrdtion Budding $0
$1,747
EU
$0
51,747
51,747
$0
ERR
Other Mis cellarwxm Facilities SQ
$0
gp
$0
$0
R
ERERR
19.139
$4 ,625
$9,845
$8,815
$0
$0
SUBTOTAL $24,989
LESS: NET FISCAL IMPACT
$2,054,885
$5,936
$4,6�
$0
$10,562
$ 9 AU
ERR
NET CAP. FACILITIES IMPACT
$2,054,885
52,054,885
$]4x427
0
ERR
i�
+� N
WDEX: ^7.0" it Cap. EgW9 Included 1.0
INDEX: `f.V If Rev -Cost Bat, -o.0" If Ratio to CoAv g: 0.0
PLANNIHO DEPT PREFERENCES 1,0 Rev -Cost Bal = 1.000
1.6 FCatiLL to Ce Avg = 1.342
METHODOLOGY 1. Capital facilities requirerrents are inpul to the firs t column as calculated in 4Le mod
2. Not Fiscal Impaci Npv from operations calcularions is input in row lWai of el, second column
(zero it negative); included are ftane-tilme WXW Pow for year only at fuli value.
3. NPV of future aper cap egtep taxes pald in thins column as calculated in fis cal impacts.
4. NPV of future capital expenditure {axes paid in Mum col as catulaied In fiscal impacts.
5. NPV of future lames Paid 10 Luing current county up to standard for neve fac aes, as
cale[dated for each new facility.
G. Columns three IEuough five are added as Potentief c redds a
faclWas
gainst the calculated capital
requirements. These are adjusted for percent of costs covered by ttas revenues
form the pro4ea (8otual, or as ratio to avg. foraR residential development).
NOTE: Praffer calculauDrig dp nal include include interest because they are cash payments u Prow. Credits do include interes t ff the
p lrPleCts ars debt financed.
NOTES: Model Run Date 071091D3 ASK
Project Description: Assumes 44,858 sq -ft relafi on 2.38 acres tuned B3 District.
Due to changing conditions associated with devefopmsnl in the County, the resuffs of this
OLMx t Module may not be valid beyond a
2002MODEi period of 90 day s from ftmodel run dale
37 ,
75 A 2E
S&Z ti� goFy 1 1
Q`�y PgGT �� TFC 4
A TWO G'9((' '
S 'Q a ENGLE PROPERTIES, INC.
s 75 A 10
SRF®rr� ��i
q q
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MILLER REZ # 12 - 03
AUTO SALES
75 A 11C Craftsman Auto
Body
o PIN:
75 -A -2E
SSI/ N
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W+ E
S
642 0 80 160 Feet
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 75 -A -2E
Back Creek Magisterial District
Frederick County, Virginia
October 24, 2003
Prepared for: Mr. Mike McCarroll
Craftsman Management Team
4 Cardinal park Drive
Leesburg, VA 20175
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintiew@earthlink.net
Job Number: 0304011
page 1
PROFFER STATEMEN—
PARCEL ID 75 -A -2E
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # 49— m3 for the rezoning of
2.38 acres in the Back Creek Magisterial District, on Parcel 75 -A -2E from B2 to B3,
development of this particular 2.38 acres will be in conformity with the terms and
conditions set forth in this document. These terms and conditions may be subsequently
amended or revised by the owner of the property with permission from the Frederick
County Board of Supervisors in accordance with Frederick County codes. These
proffers shall be binding on the owner and their legal successors or assigns.
PROFFERS
1. The owner proffers that there shall be no entrance to the property from the Route
11 right-of-way.
2. The owner proffers to install a storm water runoff quality treatment facility in
accordance with applicable Best Management Practices and the Northern
Virginia BMP Handbook.
3. The owner will develop the property in general conformance with Exhibit 3, titled
"GENERALIZED SITE DEVELOPMENT PLAN", and included in the attached
Impact Analysis Statement.
4. The owner will construct the proposed site building in general conformance to
the illustration on Exhibit 9, titled "ARCHITECTURAL RENDERING CONCEPT",
and included in the attached Impact Analysis Statement.
5. The owner will designate specific areas for the parking of the various types of
vehicles anticipated to be on the site as shown on Exhibit 10.
6. The owner will construct a monument -style sign as the primary facility sign in
general conformance with the sign shown on Exhibit 11.
7. The following uses normally allowed under the B3 zoning will be prohibited on
the parcel:
a. landscape and horticultural services;
b. offices and storage facilities for building construction contractors, heavy
construction contractors and special trade contractors;
c. commercial printing;
d. local and suburban transit and interurban highway passenger transportation;
e. motor freight transportation and warehousing;
f, transportation by air;
g. transportation services;
h. building materials, hardware, garden supply, mobile home dealers and retail
nurseries;
i. wholesale trade businesses;
j. self-service storage facilities;
k, vocational schools.
page 2
PROFFER STATEMEN—
PARCEL ID 75 -A -2E
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the Treasurer of Frederick County the
sum of $1,000.00 to offset impacts to capitol facilities for fire and rescue services. This
sum will be paid upon receipt of the first building permit issued subsequent to the
approval of this rezoning for any proposed structure.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
Notwithstanding the above, it is hereby understood and agreed by all parties, including
the Frederick County Board of Supervisors and Frederick County, that the current
property owner, State Farm Mutual Automobile Insurance Company, is and shall be
released from the obligations and conditions contained within this Proffer Statement for
parcel 75 -A -2E dated October 24, 2003, once the property is sold and title transfers to
Craftsman Properties of Winchester, LLC. Upon said closing and title transfer,
obligations and conditions as contained within this Proffer Statement for parcel 75 -A -2E
dated October 24, 2003. Rezoning approval by Frederick County and/or its Board of
Supervisors shall be considered acceptance of this entire Proffer.
Submitted By:
State Farm Mutual Au obile Insuran6eCompany, an Illinois Corporation
(Applicant/Property Owner) Ken Lam, Mw P>oIdolItAdmfnbkat" SerVIC4
Date: ti
STATE OF ILLINOIS
COUNTY OF MCLEAN
Th foregoing instrument wa ackn
Z&6'I by
before me this Sd day of
My commission expires on
fElwb���hr�.tv��
F
CIAL SEAL
iN L Ci tSCBLIC, STATE EDF rLUMOIS
WN EXPME�:??//22/®0
Notary Public
page 3
PROFFER STATEMENT
PARCEL 1D 75 -A -2E
The above -noted Proffer Statement for Parcel 75 -A -2E dated October 24, 2003,
including the additional release and obligation provisions contained therein, is hereby
accepted and agreed to in form and substance. Specifically, Craftsman Properties of
Winchester, LLC confirms that it currently is in the process of purchasing the subject
property and hereby agrees to assume and be responsible for all Owner obligations and
conditions in said Proffer Statement 75 -A -2E dated October 24, 2003, as of the date
the property., is sold to and title transfers to Craftsman Properties of Winchester, LLC.
The real estate closing shall take place on or about _ , 2003.
Rezoning approval by Frederick County or its Board of Supervisors shall be considered
acceptance of this entire Proffer.
C aftsm Properties of Winchester, LLC
(Co -Applicant)
Date: /J - _� J v
STATE OF VIRGINIA
COUNTY OF 1-61 -6 QT,� A) ., To -Wit:
The foregoing instrument was acknowledged before me this -U) �ay of
A'-'rdb'?v- a d b y/Q
My commission expires on 1� r'I i - 0,5—
Notary
,
Notary Public
page 4
IMPACT ANALYSIS STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 75 -A -2E
Back Creek Magisterial District
Frederick County, Virginia
October 24, 2003
Prepared for: Mr. Mike McCarroll
Craftsman Management Team
4 Cardinal Park Drive
Leesburg, VA 20175
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@earthlink.net
Job Number: 0304011
IMPACT ANALYSIF -TATEMENT
PARCEL ID 75 -A -2E
IMPACT ANALYSIS STATEMENT
TABLE OF CONTENTS
section
page
L
INTRODUCTION
1
A.
SITE SUITABILITY
2
B.
SURROUNDING PROPERTIES
2
C.
TRAFFIC
3
D.
SEWAGE CONVEYANCE AND TREATMENT
3
E.
WATER SUPPLY
4
F.
DRAINAGE
4
G.
SOLID WASTE DISPOSAL FACILITIES
4
H.
HISTORIC SITES AND STRUCTURES
4
I.
COMMUNITY FACILITIES
4
J.
OTHER IMPACTS
5
APPENDIX
g
IMPACT ANALYSIS F—ATEMENT
PARCEL ID 75 -A -2E
i. INTRODUeCTION
Craftsman Management Team (Craftsman) is the owner of several premier auto body
repair facilities in the Northern Virginia area. As an additional convenience for their
customers, Craftsman plans to provide space in their building for a national automobile
leasing franchise. Craftsman is currently negotiating with Hertz for office and
automobile parking space in the proposed facility. Craftsman would like to establish
their facility in a highly visible location in Frederick County. The location they have
chosen to develop is located at the northwest corner of Valley Pike and Prosperity Drive
in the Kernstown Business Park. It is important to Craftsman that the service they offer
be located on a site that has good visibility from a major roadway such as Route 11,
Valley Pike. Please refer to Exhibit 1. The subject land is identified among the tax
records of Frederick County as having parcel number 75 -A -2E. The area of the parcel is
2.38 acres. The parcel is currently zoned B2, Business General District. This zoning
district does not permit "Automotive repair, services and parking". The owner desires to
rezone the parcel to B3, Industrial Transition District, to allow development of the parcel
for a Craftsman Autobody facility. Currently, there is very little land in the B3 zoning
category that has the type of visibility and access required by Craftsman. This particular
site not only offers visibility and access, there exist in the area several
automobile -related activities. These activities include Miller Honda, Continental Tires,
and the Department of Motor Vehicles.
The property is located in the Urban Development Area and is designated for business
use on the Southern Frederick Land Use Plan. The property is also located within the
Route 11 Business Corridor. As such, particular attention will be paid to the building
setbacks from Valley Pike and the presentation of the building from the street view. In
the attached Proffer Statement, Craftsman addresses several aspects of the
presentation of the building and other site improvements as viewed from the public
rights-of-way and the adjacent lands.
The property is vacant and surrounded by land which is zoned B2. Please refer to
Exhibit 2. Craftsman recognizes that auto body repair is not permitted in the B2 zoning
due because it can be incompatible with other business uses permitted in the B2 zone.
Craftsman intends to insure that the proposed use will be compatible with adjacent
business uses and complementary to the appearance of the county business corridor.
The owner plans to construct a single story building on the parcel, generally facing the
corner of Valley Pike and Prosperity Drive. The architectural finishes of the building will
be comparable in style and quality to the architectural finishes of the adjacent
businesses in the Kernstown Business Park.
In order to insure that the proposed development will conform to corridor appearance
plans, compliment surrounding business uses, and mitigate potential storm water runoff
impacts to the Opequon watershed, the owner is willing to PROFFER 1) the layout of
the site which provides generous building and parking perimeter setback areas, as
shown on Exhibit 3, 2) the architectural presentation of the building exteriors finishes as
rendered in Exhibit 9, 3) the designation of an area where "vehicles awaiting repair" will
be stored, as indicated on Exhibit 10, 4) the style of the main facility sign, which will be
page 1
IMPACT ANALYSIS "TATEMENT
PARCEL ID 75 -A -2L
monument -style sign as generally shown on Exhibit 11, and 5) the construction of storm
water runoff control facilities which are designed in accordance with the Northern
Virginia Best Management Practices Handbook.
A. SITE SUITABILITY
The property has no factors which would limit development. Access to the site will be
from Prosperity Drive. Public utilities are readily available. There are no
developmentally sensitive features on the site. The gently rolling topography of the site
is well-suited for commercial development. The site has adequate area to
accommodate the proposed building use.
100 YEAR FLOOD PLAIN
Federal Insurance Rate Map Community Panel Number 510063 0200 B shows the
subject area is not within areas of the 100 -year flood.
WETLANDS
The site is located in the Upper Opequon drainage area. No wetlands have been
identified on the site.
STEEP SLOPES
The property generally slopes to the southeast toward the Route 11 right-of-way. The
slopes of the site ranges from 1% to 15%. Steep slopes are defined by the Frederick
County Code as slopes exceeding 25%. There are no steep slopes on the site.
MATURE WOODLANDS
Woodlands are generally defined by the Frederick County Code as including largely
mature trees in groves greater than 1/4 acre. There are no mature woodlands located
on this site.
SOILS
A "Geotechnical Engineering Exploration and Analysis" was conducted on the site by
Giles Engineering Associates, Inc. and a report was issued dated March 30, 1995.
According to the report, approximately 4 to 8 inches of topsoil were encountered
throughout the site. Undedyiny soils consisted of naturally occurring stiff to hard clayey
silt and silt with variable amounts of fine to coarse sand and gravel. Intermittent rock
was encountered in the subsurface at depths ranging from 2 to 6 feet.
According to the Soil Survey of Frederick County, the site contains the following soil
types: Chilhowie silty clay loam: 8C, 813, and Oaklet silt loam: 32B. These soils are part
of the Frederick-Poplimento-Oaklet association which includes gently sloping to steep,
well -drained soils formed in material weathered from limestone. The soil is not identified
as prime farmland.
B. SURROUNDING PROPERTIES
page 2
IMPACT ANALYSIS —TATEMENT
PARCEL ID 75 -A -2E
The parcel to be rezoned is bordered on the southern perimeter by the Prosperity Drive
right-of-way and along the eastern perimeter by the Route 11, Valley Pike right-of-way.
Along the western boundary is the Affordable Dentures office building, which is zoned
B2. Along the eastern boundary is a vacant lot zoned B2.
Potential adverse visual impacts from the proposed rezoning of the site will be mitigated
by buffering and screening elements between different uses. The Frederick County
Zoning Ordinance requires separation buffers between the B2 zone and the B3 zone. A
minimum separation buffer of 50 feet (Category B) must be placed on the lot along all
borders with B2 zoning. The buffer must consist of a 25' inactive strip along the property
line which must contain a vegetative screen consisting of a mixture of evergreen and
deciduous trees and shrubs and an opaque fence, hedge, wall, or berm. Exhibit 3
contains a generalized site plan that illustrates a development schematic showing the
point of access, building setback lines, and required buffers. The owner is willing to
PROFFER this site plan as the concept plan to be followed during the final site design
process. Please refer to the Exhibit 8.
C. TRAFFIC
It is planned that all traffic will access the property from Prosperity Drive. The owner is
willing to PROFFER that no access to the site will be constructed from the Route 11
right-of-way. According to figures from the Virginia Department of Transportation, the
Average Annual Daily Traffic on adjacent streets are as follows:
Route #11, Valley Pike: 2001 AADT = 8300
Route #1129, Prosperity Drive: 2001 AADT = not available
Traffic impacts from the proposed rezoning will be estimated using the figures in the
ITE Trip Generation Manual, Sixth Edition.
Automobile Care Center, Code 840
Based on a projected maximum of 4 service stalls:
■ Sunday: 2.03 trips per stall = 8.12 trips
■ Weekday A.M. Peak Hour: 1.52 trips per stall = 6.08 trips
■ Saturday: 12.48 trips per stall = 49.92 trips
■ Weekday P.M. Peak Hour: 2.17 trips per stall = 8.68 trips
The low amount of traffic anticipated from the proposed facility will not significantly
impact the current traffic character. Prior to any development, the developer/owner will
be required to apply to VDOT for entrance construction permits. Through this process
VDOT will insure that access to the site is safe and functional.
D. SEWAGE CONVEYANCE AND TREATMENT
Public sewage facilities are available to serve the site. The site is within the Frederick
County Sewer and Water Service Area and is served by the Parkins Mill sewage
page 3
IMPACT ANALYSIS —TATEMENT
PARCEL ID 75 -A -2L
treatment plant. The owner will be responsible for the construction of the necessary line
extensions to allow development to occur on the subject parcel.
According to the Commonwealth of Virginia Sewage Handling and Disposal
Regulations, Table 4.1 -Sewage Flows, typical flow for factories and office buildings is
15-35 gallons per day per person. Assuming a maximum number of employees of 15,
and an average use of 30 gallons per day per employee, the estimated sewage flow is
450 gallons per day.
E. WATER SUPPLY
Public water facilities are available to serve the site. The site is within the Frederick
County Sewer and Water Service Area. The owner will be responsible for the
construction of the necessary line extensions to allow development to occur on the
subject parcel. Water demand for the site will be similar to the sewage flow calculated
in Section D above.
F. DRAINAGE
Storm water runoff from the site drains toward the east across Route 11 and eventually
reaches the Opequon Creek. There are no perennial streams on the site.
An increase in storm water runoff and peak discharge rates can be expected with
development of the parcel. Storm water management will be provided in accordance
with the Frederick County Code, Chapter 165. It is anticipated that increases in storm
water runoff rates will be attenuated by the installation of a storm water management
facility.
G. SOLID WASTE DISPOSAL FACILITIES
No additional solid waste disposal facilities will be required for the proposed
development. The disposal of scrap metal will be done through a private, licensed
subcontractor. The amount of solid waste generated by the development can be
estimated based on one pound per employee per day. Using a figure of 15 employees,
the estimated amount of waste is 15 pounds. Tipping fees are $35.00 per ton.
Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal
needs can be estimated by:
cost = cost per ton of waste x tonnage
$164.00 = $60.00 x (1x15) x (112000) x 365
H. HISTORIC SITES AND STRUCTURES
The site contains no known historic sites or structures as listed on the Virginia
Landmarks Register and the National Register. According to the Rural Landmarks
Survey Report, there are several architecturally or historically significant sites or
structures within approximately one mile of the site. Please refer to Exhibit 4.
page 4
IMPACT ANALYSIS "TATEMENT
PARCEL ID 75 -A -2L
I. COMMUNITY FACILITIES
EMERGENCY SERVICES
Police protection is provided by the Frederick County Sheriff's Department. The nearest
fire and rescue responder facility is the Stephens City Volunteer Fire & Rescue
Company 11. No additional fire and rescue facilities will be required as a result of the
proposed rezoning. The Frederick County Capital Facilities Impact Model calculates
that the projected capital cost for emergency service facilities attributable to this
development is $24,989.00. This projected cost is offset by the tax revenues anticipated
in the impact model. The owner recognizes the importance of emergency services, and
proposes to PROFFER a monetary contribution to the local emergence responder.
Please refer to the Proffer Statement contained Exhibit 8.
PARKS AND RECREATION
The Frederick County Capital Facilities Impact Model calculates that the projected
capital cost for public park facilities attributable to this development is $00.00.
J. OTHER IMPACTS
The Frederick County Capital Facilities Impact Model calculates the following additional
fiscal impacts attributable to this development:
• Public Library - $00.00;
• Schools - $00.00
• Sheriff's Office - $00.00;
• Administration Building - $00.00;
• Other Miscellaneous Facilities - $00.00.
After adjustments for tax credits, the net capital facilities impact is $00.00. Please refer
to item 5 in the Appendix.
page 5
IMPACT ANALYS'" STATEMENT
PARCEL ID 75-A--.-
IMPACT
5-A-«
IMPACT ANALYSIS STATEMENT
APPENDIX
EXHIBIT 1 - PARCEL LOCATION EXHIBIT
Page 7
EXHIBIT 2 - PROPERTY MAP
Page 8
EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN
Page 9
EXHIBIT 4- HISTORIC STRUCTURES MAP
Page 10
EXHIBIT 5 - FISCAL IMPACT MODEL
Page 11
EXHIBIT 6 - PROPERTY DEED
Page 12
EXHIBIT 7 - CURRENT TAX STATEMENT
Page 13
EXHIBITS- PROFFER STATEMENT
Page 14
EXHIBIT 9 - ARCHITECTURAL RENDERING CONCEPT
Page 15
EXHIBIT 10 - PROPOSED PARKING AREA DESIGNATIONS
Page 16
EXHIBIT 11 - MONUMENT SIGN CONCEPT
Page 17
page 6
IMPACT ANALYSIS "TATEMENT
PARCEL ID 75 -A -2t_
EXHIBIT 1 - PARCEL LOCATION EXHIBIT
page 7
50
,
N
�w
i
WATER TOWER
ke
Pick
00
CRAFTSMAN AUTOBODY
FREDERICK COUNTY, VIRGINIA
KALE: 1'=500' DRAWN BY: CBS
DATE: 04-29-03 JOB #0304011 REVISED:
PAINTER-LEWIS, P.L.C.
WINCHESTER, VIRGINIA
PARCEL LOCATION MAP DRAWING NO.:
EXHIBIT 1
IMPACT ANALYSIS "TATEMENT
PARCEL ID 75-A-2L
EXHIBIT 2 - PROPERTY MAP
page 8
RT & T PARTNERSHIP j 1,.� _ r VANCO LLC.
P.I.N.: 75 -A -2D r - -�_ , jf P.I.N.: 75A-6-8-41
D.B.: 662, PG.464 ' �� ._ a D.B.: 969, PGA 197
ZONED: 13-2/121-3 RT & T PARTNERSHIPZONED: B-2
ML
USE: VACANT/COMERCIAUSE: VACANT/COMMERCIAL
� r 1 P.LN.: 75 -A -2D
D.B.: 662, PG.464 _
ZONED: B -2/B-3
1 r r USE: VACANT/COMMERCIAL
VALLEY FARM CREDIT, ACA
P.I.N.: 75 -A --2K r r RIPTIDE ILC.
ZONED: ANT P.LN.: 75 -A -2L
USE: VACANT r D.B.: 01, PG -14315
ZONED: B-2
r USE: DENTAL OFFICE
r S45' D7 1BAj.
U.S. ROUTE 11
JOHN & GEORGE MILLER
P.I.N.: 75-A-11 C
D.B.: 608, PG. 273
ZONED: 8-2
USE: COMMERCIAL & INDUSTRIAL
PARCEL TO BE REZONED
ED (2.38 ACRES TOTAL)
VAMY PIKE
ENGLE PROPERTIESIIF INC.
P.I.N.: 75-A-10
D.B.: 635. PG. 586
ZONED: B-2
USE: COMMERCIAL & INDUSTRIAL
CRAFTSMAN AUTOBODY J
FREDERICK COUNTY, VIRGINIA I
1'=125'
DRAWN BY: CBS
DATE: 04-29—D31 JOB #0304011 1 REVISED:
CURVE ARC LENGTH RADIUS DELTA ANG TANGENT CHORD BEAR GCHb D LENGTH PAINTER—LEWIS, P.L.C.
1 1 43.16 25.00 22.23 sBs•3ess 3e.oa WINCHESTER, VIRGINIA
PROPERTY MAP DRAWING NO.:
EXHIBIT 2
l � r r = = -::: _•..::-::: ; _ .::... - - 302.2,x' • �
1
r •"- =:sf�: r�►Ft�: Mum_-A�t�:iri�ti :co; :
�
VALLEY FARM CREDIT. ACAt,P(:-
�'
D.13, = $41'; P�3.= T341:: _'-:::.:
kL11CHE1E Nd11C1IALE
MCMI
kPIN.:
P.I.N.• 75 -A -2G
D.B.: 963, PG. 464
r' = :EN+IEl�? $ =.2::::::::: - -:: '
O.B.: 02. PG. 1352
ZONED: B-2
) h •:::::::•::_._ :_ 11S arACANi ::: _: : : us° I
USE: COMMERCIAL '
- • -'= _
r :: _ - _ ::
I
r : SADEGHZADEH, MOHSEN
r
P.I.N.: 75-A-3
r
I
_ _
D.B.: 639, PG. 356
3-2
ZONED: E USE: VACANT_ 3
11_, 71Y orao-----------------_-
_
U.S. ROUTE 11
JOHN & GEORGE MILLER
P.I.N.: 75-A-11 C
D.B.: 608, PG. 273
ZONED: 8-2
USE: COMMERCIAL & INDUSTRIAL
PARCEL TO BE REZONED
ED (2.38 ACRES TOTAL)
VAMY PIKE
ENGLE PROPERTIESIIF INC.
P.I.N.: 75-A-10
D.B.: 635. PG. 586
ZONED: B-2
USE: COMMERCIAL & INDUSTRIAL
CRAFTSMAN AUTOBODY J
FREDERICK COUNTY, VIRGINIA I
1'=125'
DRAWN BY: CBS
DATE: 04-29—D31 JOB #0304011 1 REVISED:
CURVE ARC LENGTH RADIUS DELTA ANG TANGENT CHORD BEAR GCHb D LENGTH PAINTER—LEWIS, P.L.C.
1 1 43.16 25.00 22.23 sBs•3ess 3e.oa WINCHESTER, VIRGINIA
PROPERTY MAP DRAWING NO.:
EXHIBIT 2
IMPACT ANALYSIS "TATEMENT
PARCEL ID 75-A-2E
EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN
page 9
t
��
k4
GRASSY BERM
Fl... - A 2
� r
Iv :�
BMP/SWM AREA
l
�i ----- -------------_-
US RT. 11 VALLEY A VE. VAR/ABLE R. O. W.
--------------- -___
CRAFTSMAN AUTOBODY
FREDERICK COUNTY, VIRGINIA
SCALE: 1"=60' DRAWN BY: CBS
DATE: 04-29-03 JOB #0304011 REVISED:
PAINTER-LEWIS, P.L.C.
WINCHESTER, VIRGINIA
GENERALIZED SITE DRAWING NO-:
DEVELOPEMENT MAP I EXHIBIT 3
1
1
Fl... - A 2
� r
Iv :�
BMP/SWM AREA
l
�i ----- -------------_-
US RT. 11 VALLEY A VE. VAR/ABLE R. O. W.
--------------- -___
CRAFTSMAN AUTOBODY
FREDERICK COUNTY, VIRGINIA
SCALE: 1"=60' DRAWN BY: CBS
DATE: 04-29-03 JOB #0304011 REVISED:
PAINTER-LEWIS, P.L.C.
WINCHESTER, VIRGINIA
GENERALIZED SITE DRAWING NO-:
DEVELOPEMENT MAP I EXHIBIT 3
IMPACT ANALYSIc' STATEMENT
PARCEL ID 75-A
EXHIBIT 4 - HISTORIC STRUCTURES MAP
page 10
IMPACT ANALYSIS STATEMENT
PARCEL ID 75 ((A)) 2E
EXHIBIT 4—HISTORIC STRUCTURES MAP
Number
Common Name
Number
Common Name
34-126
Hilandale
34-985
Horton*s Nurser
34-127
Springdale
34-986
Stover, J.I House
34-128
Springdale Flour Mill
34-987
Ebersole—Petrie House
34-315
Stone House at Burtonsville
34-1005
Chapel Acres
34-316
House at Bortonsville
34-1006
Combs, Elaine House
34-319
Car sbrook
34-1007
Bartonsville Post Office
34-320
Car sbrook Redoubt
34-1008
Helper, Thomas House
34-321
Hilandale Earthworks
34-1038
Meadow Brook Form
34-519
Church of Christ House & Barn
34-1040
Carbou h, HenryHouse
34-980
Adorns, Mervel House
34-1041
Hed ebroak
34-981
Hanover Lodge
34-1042
House off Rt. 651
34-982
House, Rt. 1 IS
34-1043
Jenkins, Worden House
34-983
House, Rt. 1 IS
34-1071
House on Rt. 623
34-984
Village Auto Soles
34-1339
Steele—Clark House
}
. -4
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office
of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name:[-Luw�S , ? L . (-, Telephone:
Address: ? QpG� !g ;? Zzz;)
lel I KLC�t-�&VZ, V f4 Z ?-reeg I
Z. Property Owner (if different than above)
Name: STiA` c? IEPV," HL"-CL.i,ak- 1.x,5, Telephone: 3cst fl(de-6,,-1?4f
Address:
' Ucz?t (9C -C lCq t -A L !o L -1 l D
3. Contact person if other than above
Name:
Telephone:
4. Checklist: Check the following items that have been included with this application.
Location map / Agency Comments
Plat Fees
Deed to property Impact Analysis Statement _
Verification of taxes paid Proffer Statement
11
S. 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:
Lg.w•, V,ceJ 7rer,d
�cy .u.:....5.4 -r a..i-WG �e.r✓.Ce
6. A) Current Use of the Property: `/ (41GA-0-C
B) Proposed Use of the Property: "[cam Zyp(Al01- 1 Ott-�
7. Adjoining Property:
PARCEL ID NUMBER
-1S-tA- 3
JIS-�►-�o
USE
lT��.
T),:44 -m- or-ptc.,
Cemn LA kkok.1
C7 v4kA-X5
ZONING
-b Z. 1�3
RZ
�Z
�3- z
�,- z
S. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
kZ
12
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
proidde information concerning the specifics of the proposed use. Othenvise, the planning staffwill use the
maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9
of the application package.
9. Parcel Identification/Location: Parcel Identification Number -15 _ A - zy
Magisterial: IvW6,SC:#(
Fire Service: s-rey' .5 CA�
Rescue SenTice: 4ar,4p4 CA_r'i
Districts
High School: _
Middle School: _
Elementary School:
10, Zoning Chwige: List the acreage included in each new zoning category being requested.
Acres Current Zoning I Zoning Requested
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 homes: Townhome: Multi -Family:
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Senlice Station:
Retail: Manufacturing:
Manufacturing:
Restaurant: Warehouse:
Other:
13
12. Signatui-e:
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 (Nve) authorize Frederick Couii Sy officials to enter the properly 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 Conunission 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) Imowledge.
Applicant(s):
Date: - ZZ --O3
Date:
16Owner(s): Date:
Xan Lam, Vm Prosldont AdminfatmWe 8arviw
Date:
14
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board of
Supervisors meetings. For the purpose of this application, adjoining property is any property abutting
the requested property on the side or rear or any property directly across a public right-of-way,
a private right-of-way, or a watercourse from the requested property. The applicant is required -to
obtain the following information on each 4 oining 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 2ndfoor ofthe Frederick County Administrative Building, 107North Kent Street.
Name quid Property Identification Number
I Address
Name �/ll'
F vtn CyzaptTProperty
�b.J�►-�C.l��j"CU1(1,.��i4 � -2.4o Z
G
NaveL.L`j
Pl Ci
N l�`�G1:C�o'rL✓-� �. �.1� Z
Property # .. �C� - 1G
Nane
Property
mune
property # L.
Nave
Property #
Nam
Property #
Naine
Property #
Mune
Property #
Naive
Property #
Naine
Property #
ASN C - R -- S i 67-E
� 75- -�
15 / S 47E f74>e/VL P1-112-fJ
13L--00A1/n%/srbNI _GL Z,/'7/0
of
BK84 I PG 134 1
THIS DEED OF DEDICATION made and dated this i 7k
I
day of July, 1995, by and between R2&T FAgST1ER5HIP, a Virginia
Partnership, party of the first part, hereinafter called the
Grantor, the COUNTT OF FREDERICK, VIRGINIA, party of the
second part, hereinafter called the Grantee.
1f0EREAS, the Grantor is the owner in fee simple of a
certain tract of land lying and being situate in Back Creek
Magisterial District, Frederick County, Virginia, containing
29.627030 acres, in the aggregate, together with the
improvements thereon and the appurtenances thereunto
belonging, and more particularly described by plat and survey
drawn by David M. Furstenau, L.S., dated April 28, 1995,
revised May 11, 1995, revised June 6, 1995, attached hereto
and by this reference made a part hereof as if set out in
full; and being the same land conveyed to RT&T Partnership, a
Virginia Partnership, by deed dated October 15, 1987, of
record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia in Deed Book 662 at Page 648; and,
11ffiE1tMS, the Grantor now desires to subdivide the
same into lots, to be known as KERNSTOWN BUSINESS PARK,
SZCTIo3 I, and to evidence that the above and foregoing
subdivision of the above described property as it appears on
the aforesaid attached plat is with the free consent and in
accordance with the desire of the undersigned owner, and that
the said Grantor does further desire to subdivide the
aforesaid property in accordance with the provisions of the
Virginia Land Subdivision Act, as applicable, and the
applicable ordinances of Frederick County, Virginia, and
further to dedicate streets and easements as shown on said
plat to the County of Frederick, Virginia.
I
SK84IPG1342
NOW, THEREFORE, THIS DEED OF DEDICATION WITNESSETH:
That for and in consideration of the premises and the benefits
which will accrue to it by reason of this dedication, the
Grantor does hereby subdivide all of that portion of land
designated as KERNSTOWN BUSINESS PARK, SECTION I, as the same
appears on the plat and survey drawn by David M. Furstenau,
L.S., dated April 28, 1995, revised May 11, 1995, revised
June 6, 1995, attached hereto as Exhibit A and by this
reference made a part hereof as if set out in full.
Tho Grantor does hereby dedicate to the Grantee that
portion of said land designated for the street designated
'Prosperity Drive', and does hereby create a public right of
passage over the same.
The Grantor does further grant to the Grantee that
certain drainage easement designated '25' drainage & utilities
esm't' as shown on the aforesaid plat. It is expressly noted
That Prgdorick County a hall have no duty or responsibility to
maintain the dedicated drainage easement.
No portion of the land subdivided hereby shall be
dedicated to public use hereby except the street and drainage
easement expressly designated above.
All of the land shown on the survey drawn by
David K. Furstenau, L.S., dated April 28, 1995, revised as
aforesaid, attached hereto as Exhibit B, shown thereon with
hatched marks and designated 'B-2' shall be subject to
restrictions, which are covenants real running with the land,
and which restrictions are set forth on Exhibit C, attached
hereto and by this reference made a part hereof as if set out
in full; and these restrictions shall be binding on all
2
BK841 PG 1343
subsequent owners of said land, and each deed, by recitation
or by reference, shall contain these restrictions.
This dedication is made with the free consent and in
accordance with the desire of the undersigned owner, and in
conformity with the Virginia Land Subdivision Act and the
Frederick County Subdivision Ordinance.
WITNESS the following signatures and seals:
RTST PA ERSHIP
SEAL)
THOMAS C. BAKER, Partner
By Z'& C , (SEAL)
THOMAS C. GLASS, Partner
BYRALP S. G AT.)
EGORY,
STATE OF VIRGINIA,
%n14, r V OF F,(F _b CAk C Y , TO -WIT:
I, /SA 1 A AAA C, a Notary Public
in and for the State and jurisdiction aforesaid, do hereby
certify that THOMAS C. BARER, THOMAS C. GLASS and RALPH S.
GREGORY, Partnere of RTLT PARTNERSHIP, whose names are signed
to the foregoing Deed of Dedication, dated the � rff day of
July, 1993, have personally appeared before me and
acknowledged the same in my State and jurisdicti n aforesaid.
Given under my hand this 7'te day of , 1995.
My Commission expires
hi /a' Y
NOTARY PUBLIC
t:M@WMfAL.ESTU1l6TM1.M (FILE No. 14.053/ElB:fh)
:s
3
P • 4,
- IML FLRI
SECTION I EXHIBIT A
i�Q�KICTn1� N QI Ic T N11= CC PARK IK EE RI♦J I V 1 UVJ 1II(L-JJ i \r\
BACK CREEK DISTRICT
FREDERICK COUNTY, VIRGINIA BK84 � PG { 344 ;.
TAX MAP is 75—A -2D ZONE B-2 USE COMMERCIAL =Jf'.
APPROVED BY
Frederick County Sanitation Authority, __ _ _ to
Planning Cowsission_
Subdivision Administrator ` �{l M (.C.i L- Date�_T/���TTT����f��TTI
Virginia Department of Transportati Date
Oµ9•IF.RS' CERT 1 F 1 CATE
The above and foregoing subdivision of the land of RT&T Partnership
a Virginia Partnership, as appears in the accompanying plat, is with
the ent and in a cordancc with the desires of the undersigned,
own and trust t any.
NOTARY PUBLIC
1 AM 9a A C, L4 -'I t R , a Notary Public in and for the
Commonwealth of Virginia at large, d9 certify that Z -A RAs e, /�d&,f .''��`'`
it% Int C. GbAiS and CA
14 J- (�(c F(o1'I whose names are
signed to the foregoing owners' certificate, have acknowledged the
J
same before me in my state.
Ciren under my hand this I6nday of � tr 194J� ;�j Q
F_ commission expires hi y 8 L 1
¢g$� c,w
Surveyor's Certificate
I hereby certify that the land contained in this subdivision is the
same land conveyed to RT&T Partnership, a Virginia Partnership, by
Deed Dated 15 October 1987, said Deed is r corded in the Office of
the Clerk of the Circuit Court of Freder� Cou-vty,jtir inia in Deed
Book 662 at Page 648. �� jj
David M. Furstenau, L.S.
..REV 6/6/95
REV 5/II/95
DAM APRIL 28,1995;A."
FURSi'E�lAU Z"URVEYING DxfgL BY:
STEPHENS CITY, VIRGINIA 22655 1 OF
1,46. MHU. UtL I H
1
25.00'
98054'44"
2
25.00'
800001' on -
3
230.00'
90057'00"
4
50.00'
17045'10"
5
55.00'
252654'10"
6
50.00'
55009'00"
7
170.00'
00o;7 , nn"
HRC,.'TAN.
I f'u I ;
365.10' 233.85'
15.49' 7.81'
242.77' 74.46'
48.13' 26.11'
269.85' 172.64'
B 8 0 RAILROAD R/W
N 48021 ' 56"E 1251.71 '
U -J~ --
�Vr0
h
mvz I REMAIMNG LAND
�osT Q 7
on g �.
0
N
U M t�v
a t0 tri r
C's
QJ ]
�35
5 402 19"y 531.92
4.8 3635 .
ACRES
PROSPERITY
T.
20' UTO-fTYT O\�yq
i
Z5
x
w
~ U
N
m
x LO
CHD. CHD. BRG.-
38.00' 5 85038'59"W
32,14' S 04053'39"E
327.95' S 89037'51"W
15.43' 5 53001'S6"tit
88.48' 5 64032'34"E
46.29' N 16034'51"E
242.40' N 69037'51"F
{
M
CS
p3T
f
�i
z
t1cr
N
i 5ff Do ---
AREA TABULATIONlaw
LOT 1 :.380706 ACR zs owAnACE a v, W 28 �`
ROAD DED. 2.172609 ACR. UT11t�a Esw�T-- - _, 2 5 36' 1C 37" p0 —
REMAWWG 24.873635 ACR_ S 35'06 v W �
TOTAL 29.627030 ACR 194.2r
uTE , � VALLEY
PEKE
U.
S. tea w1j)E )
FINAL PLAT
SECTION I
KERNSTOWN BU5INE55 PARK
0 0 BACK CREEK DISTRICT
o N 0 FREDERICK COUNTY, VIRGINIA .
I I REV 6/6/95 chnq esm'is
REV. 5/11 /95 odd eosements
FURSTENAU SURVEYING
STEPHENS CITY, VIRGINIA 22355
DAM APRIL 28, 1995
9CAtt: I" a 200'
owa. en `.
2 OF 2
POST
CD
LO
u�
0
v
a.
Q
� U
W W
Z
O
V
(L
N
NN
— -
2 M-
N
I-
W
.r
Ln
0
d
v
t0
Ltog.
M
�
M
N 45007'16"E
ws
MW
302.22'
o m
=�
LOT IL9
2.380706 '
99
Cy
o ai
ACRES
(04
a
in
i 5ff Do ---
AREA TABULATIONlaw
LOT 1 :.380706 ACR zs owAnACE a v, W 28 �`
ROAD DED. 2.172609 ACR. UT11t�a Esw�T-- - _, 2 5 36' 1C 37" p0 —
REMAWWG 24.873635 ACR_ S 35'06 v W �
TOTAL 29.627030 ACR 194.2r
uTE , � VALLEY
PEKE
U.
S. tea w1j)E )
FINAL PLAT
SECTION I
KERNSTOWN BU5INE55 PARK
0 0 BACK CREEK DISTRICT
o N 0 FREDERICK COUNTY, VIRGINIA .
I I REV 6/6/95 chnq esm'is
REV. 5/11 /95 odd eosements
FURSTENAU SURVEYING
STEPHENS CITY, VIRGINIA 22355
DAM APRIL 28, 1995
9CAtt: I" a 200'
owa. en `.
2 OF 2
NO.
RAD.
DELTA
ARC
CHD.
CHD. BRG.
1
25.00'
98054'44"
43.16'
• 2
38. 00 '
5
85038'59"W
c cY
2
25.00'
60000'00"
34.91
20.98'
32.14'
5
04053'39'E
•.:�._
3
230.00'
90°57'DO"
365.10'
233.85'
327,95'
5
89037'51"W
A
d
50.00'
17045'10"
15.49'
7.B1'
15.43'
S
53°01'56"W
5
6
55.00'
50.00'
252054'10"
55009'00"
242.77'
74.46'
88.48'
5
64032'34"E
;,,
I�
48.13'
26.11'
46.29'
N
16434'51"E
7
170.00'
90057'CO"
269.85'
172.B4'
242.40'
N
B9037'51 E
<,
EXHIBIT B
'
:fr
W rosy B 8 0 RAILROAD R,,W
N 48°21'56"E 1251.71'
uj
r•3j� a
st
C1
N
O
M
�D
ua
u
N G.
d
M 7
"Vi
AREA
LOT I
ROAD
REMA
TOTAL cv.ocrwv AtIm
194.22'
_--- Y PEKE
RDUT� » vA�LE
U. S• tao' W�pE
FINAL PLAT
SECTION I
KERNSTOWN BUSINESS PARK
BACK CREEK DISTRICT
FREDERICK COUNTY, VIRGINIA
REV 6/6/93 ehng esm9s
REV. 5/11/95 add easements
'- -- ..n I 1
FURSTENAU SURVEYING
STEPHENS CITY, VIRGINIA 22655
DATES APRIL 28, 1995 .�
,w fCALEs 1" = 200'
OWN. mys •�
. STR1CIIVE COVENNN-U
,• FOR EXHIBIT C
Y,CRNSTOWN DUSINESS Pt1RK
BK84 I PG 1343,
KNOLL ALL MEN by THESE PRESENTS:
}„IWREAS, RTT Partnership, hereinafter called Owners, have caused
certain lands owned by them to be platted into an addition, known a3
KernstowT, Dusiness Park, to the CQUnty of Frederick, Virginia.
0FERE1G, itis the desire and intent of owners, commercial
buildings, signs. and other appurtenances placed within said sub-
division be designee and placed in such a manner their location,
orientation or, the lot, Hrchitecture, landscaping, and method of
identification (signs), conrpliuent the other buildings in the
subdivision Aral c,ry individually and collectively useful and
attractive;
WW T14EREFf1RC, Owners hereby adopt the 1(estrict ive Covenants
statad herein and agree the stated covenants shall reply to the U
ZEMED portion of the property now platted es Kernstown Business Park,
an Addition to tilt, County of Frederick, Virginia, an covenant®
running with the lards
1, SCOpE OF APPLICATION
These covenants shall apply in their entirety to the area, Zoned
Liz, r, -W know and described a6 Kernstown Business Park, an ndditior, to
the County of Frederick, Virgints, as shown in thu recorded plat
th<rmof. (See attached Plat)
11. PURPOSES OF COVENANTS
Thm purposes of thecae Restrictive Covenants are, to)
(A) provide wn architecturally pleasing and compatible plan of
devolopawnt for the property)
Page 1
r, gyp-` s and Tenants of lots against improper
L4 .1L
• -' ir. thc. U-? Zoned portion
Of
sent and usf, r f surrc•unding i^t=,
develop
the development, which will c=ep
reciate L3��� �! SJ'#►- use of their
lot ;
(C) Prevent the erection or maintenance on liernstown Business
Park of structures constructed of improper or unsuitable materials or
with improper or unsuitable quality methods of cor.struction;
(D) Ensure adequate c•_�nsistent and reasonable development of
Kernstowr• Dusir.ess Park Ns a high-quality commercial environment;
(E) Encourage and ensure the erection of the attractively
designed improvFTuents appropriately located within Kernstown Gusiness
Park in order to achieve harrontous appearance and function;
(F) Provide adequate off-street parkir#g and loading facilities;
((i) Provide miniruurA maintenance standards to promote a unifori'►r
neat and clear. appearance' throughout Kernstowre Uusinvns► park;
(N) (luide tho dovelop►aent of llnrnstown Dusinesu Park in
a
wanner compatible and cc•nsiwtent with the• objectives and goals of the
County of Froderick. Virginia; in a phased and orderly manner
Insuring an ecorvOwically and enviroraArrnt&lly sound and balanced
cow"un i t y
III. DEVELOPMENT STANDARDS FIND PROTECTIVE COVENANTS
n rpnatruction Sten ar'i- The objsacttva
-
in building standards is to obtain consistency and quality in
arch ituctural design and to protect ar.d erd►ance valu6s irrlSr_rnstown
Pusi►'sass Park.
(A) RT&T Partrer%hip or its assigns 'Aust approve
elevations and
initial building plans, including building
construction waterials-
Page 2
_ M (D At least 40 percent of the exterior wall Of ar'Y
i nrr 14 �{ Q� L;-:_ _.e _,hall Ge constructed
{� rrU 1 `j U. G. Rt. 11 or Prosperity
sidyll_ facing
of brick, scene, decc•rativc masonry, stucc^* woaJs or nc•r,-reflective
glass or cc•rnuinai -r'.' therec•F. N-:) builJiny shall be of the yuc•nset
but deuiyr'-
perfnrraAr�r� Frederick County C12 zonir,y for
Standards: See
allowable uses.
2. 5Pt! . Follow Frederick County guidelines for setbacks.
Fc•llc•w Frederick Cc•unty guidelines- No
3, pff-5trrrt Parking_ 1,cL
Parking shall be perr�itted on any street or road c•r at any p
other than on the paved parking areas provided for and JencriGeJ
hwreinbelow- Adequate off-street parking shall be provided to
accoaraod
at®
however, shall at least
a buuineus, anticipated needs;
Anvat the 41nir"um atar.dwrds required by the Frederick County
prdinancus. All off-strrut parking, access drives and loading areas
,,hall bo pw�d and pro{ray-ly grnd4d to assure proper drainage and to
ovr�ld drain -Sue unto adjacent lot S. (Nrime o pan doubts sraaled
parking arewu)
v 4ide Stora E, No r4eterials, supplirs, gtiodsr articles,
4.
equip+
nt finished or aemi-finis.hed products or articles of any
nature shall be stored or permittedto remain on any lot. All such
outside storage araas parraittsd anall waste and rubbish storage
facilities shall be within an enclosed area, properly scroenod, and
shall have an all-weather surface- No material or wastes shall be
deppsited upon any lot in such a form or manner that same may be
woved by natural causes or forces. Further, r,o toxic, corrosive
inflawaable or explosive liquids, gases, Or -so lids shall be stored in
bulk above grounds and any such items shall be kept and maintained
upon a lot only in strict compliance with Fire Prevention Code of
Frederick County, Virginia.
page 3
:. BK84 1 PG 1350
5. Sig_r_, One central sign ,for thebusir,e>ses lac at ed off U.S.
. 11 wilt be c+11o,'ied• ldc>ntificatic•n siyr,s shall, be restricted t':'Rt
advert=sing only t(Ie cen,nar,ies located an the lot:.
Two
(_^) te1pp�•rary ,iyr,s per lot is permitteJ at any ane time. Te,nporarY
signs may bo used for construction and design team int-crn,atier. �r'
future occupnnt identificatic•r,. Rny permanent sign roust comply with
the sign ordinances in effect of Frederick County, 1liryinia.
6„ Sereenin
(R) Storage areas, storage tanks, equipment, trash
gas, utility, and
containers, heating, air conditioning, electrical,
other 3(.ecial equipment, buildings
and maintenance facilities,-iltall
buildings er otherwise completely
aithar housed in enclose)
screr-md. Such scrcrrnrng mny be by the use of landscFtping or
purmantsnt fences of r;olid materialn. Roof objects (inr_ludlni( fans,
vwnte, caolinp tc�+rrrY. spyliilhts And all roof mounted rrquipmer,t which
- -- aou abovo the roof line) %hall be housrrd in clo%" buirldiruja or.
ri._
•crooned A mir.imute of 4' above roo(
larger than four (4) feet in
(D) No satellite dish
diaarrter, shw11 be erecbe+J on the property or- Arty structure thereon.
rscreened in such a rnanncir
Allowed eatmllitrr dishes shall be suitably
that the dish cannot be 610'0^ from Prosperity Drive or U. S. 11.
be of wool, brick or stone,
(C) Doundary fences 1-1
used or, limited areas
r,o higher- than 413". Other fences shall only be
of the lot and only as required or net-deJ for -screening purposos.
7. UCilit�Connrrctians. R11 utility connections, including all
rlectricl+l arxi telephone connections and installations of wires to
buildings, and all pipes, conduits, cables and lines shall brt made
underground 1rcnd thre nearest available sourcE.
Page 4
t
�'r
S. On-riLe LEach Owner- 5ha11 be re ...ired to pl- •vide
- adequate drainar�e for the I 841c`ll Yr&S+Un. plan arrCl �ystNrn shall be
approved by Fredenick County planning Coarrmi=cion and :;hall be
z b, -,L spillage or drainage onto any
desiyneJ to avoid all b
adjacent 1c -t- 6rainaye pians and sy5tenrs shall be designed to direct
the flow of water- into the pu''jlic area as approved by the County or
t_,ward the rear lot lines of the lot being developed.
�. LrnJscs ir.1111 grass <rr ,. - shall be kept rn4rvpd to height
not exceeding G inches. Ail shrubs, trees and other c-rnarount.al
buslrr3s will bre kept in �2,sod condition so that all dead world shall be
removed frara the SOMne to present an agreeable suLting. Each owner
sh.rll gsUintain the landscVping r,n it-, proprtrty and all piantinys
thereon In ycc.d Ihenith ar,d oppearranr_e withc•ut substantial a�lterntian
and ohall rrrpair, any damages theret_- occurring by reauon of any cau3e
wh at t•aever.
1 V. sCEWE OF AGkLLPILNT
1, 114n with 1112—k"n - these cavenanti and restrictions shall
run with the land and shell be binding on all parties, their heirs
and asslgns, for a period of twenty-five (a,;) years from thw dant
hereof.
(A) Within six r.onths of expiration, a majority of
the lot ownors may amend or cancel these restrictions and covenants
by Piling said amendment* or cancellation in writing in the Iand
records of Frederick County, Virginia. If no such action is taken,
theww covenants shall continue for successive fives year increments
and any five-year period may be turminated in accordance with the
terms of the original te"ination.
Page 5
' * (L) Luring the initial term arry subsequent extensic•n
cc•rnl�liancc wiLh a Ilrovi�icn or {:Hese COvenarA1i
may be w<<ivcaJ or i.hca Covenants may bV amend cd if the waiver c•11
amendment is reduced to writing and approvers by :� majority "f tiv;!
owners of 1ots located within the 5ubdiviSior.. Any waiver c•r
ae,renc{r+rer,t shall bee rec_•rded in the land ree_ard5 maintained by tura
Office of the Circuit Clerk anti E»-(JTficic• jrcetc•rt4>r c•f f rerJr-r-ick
Carroty, Virginia.
2�. Vi'A tic•r•s. If any party or lot owner violate_ pr attempts
to vialata these covenants c•r restrictic•nt it shall Ve Ia,wf-ul fc•r any
pM-rne>n Or persons owning any internal irs any lot to pr•osr_crut[r any
violating yr attemptir.❑ to vir�latc .any such coverrarrt5 or
revi.victions, wither to prevent them fl -ora doing so r7r to recaver
dwee:r{luu ur othur penaltires for such vie•lirtiarr.
tnv,llr_ �_afi?rr• Invalidation of any one of these' covanawts by
judg,nMnt or court order shall, in no wise, :+ffect any of the other
provlslone harwin eontarinad.
1N WITS ESS WHEREOF, t to Owners hays hel'*-ur,ts. srrt their hondrs :and
i
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CRAFTSMAN AUTOBODY
FREDERICK COUNTY, VIRGINIA
3CALE: i^=so'
DRAWN BY: CBS
DATE: 04-29-031 JOB #0304011 1 REVISED:
PAINTER-LEWIS, P.L.C.
WINCHESTER, VIRGINIA
GENERALIZED SITE DRAWING NO.:
DEVELOPEMENT MAP EXHIBIT 3
MASTER DEVELOPMENT PLAN #07-03
HIATT RUN CONDOMINIUMS
iMLILOLa'fi Report for h rfaififiliy vofif7iiis$ioif
Prepared: October 29, 2003
Staff Contact: Jeremy F. Camp, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in reviewing this application.
It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 12/03/03 Pending
Board of Supervisors: 01/14/04 Pending
LOCATION: This property is located at the corner of Martinsburg Pike (Route 11) and McCanns
Road (Route 838), south of the Stephenson area.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 44-A-17
PROPERTY ZONING & PRESENT USE:
Zoned: RP (Residential Performance) Land Use: Unimproved
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned RP District
South: Zoned RP District
East: Zoned RA (Rural Areas) District
West: Zoned RP District
Zoned M1 District
Use: S.F. Residential
Use: S.F. Residential
McCann Road (Route 838)
Use: Agricultural & Public Facility
Use: S.F. Residential & Church
Martinsburg Pike (Route 11)
Industrial
PROPOSED USE: Multi -family residential condominium complex (96 dwelling units)
REVIEW EVALUATIONS:
MDP #07-03, HIATT RUN CONDOMINIUMS
Page 2
October 29, 2003
Virginia Dept. of Transportation: The preliminary master plan for this property appears to have
a measurable impact on Route 11, the VDOT facility which would provide access to the property.
The overall concept is acceptable, but the following items will need to be addressed on the site plan
for approval: Relocation of the proposed force main from under the roadway to the right-of-way or
as close as possible; Possible maintenance easement for the proposed 96 foot leg of 15 inch storm
water pipe carrying the runoff from Route 11; Due to the increase traffic maneuvers generated by
this development, it is expected the developer will overly Route 11 along the front of this proposed
project to prevent further deterioration of the roadway. Before making any final comments, this
office will require a complete set of site plans and drainage calculations for review. VDOT reserves
the right to comment on all right-of-way needs, including right-of-way dedications, traffic
signalization and all -site road improvements and drainage. Prior to construction on the State's right-
of-way, the developer will need to apply to this office for issuance of appropriate permits to cover
'said work.
Fire Marshal: Emergency Vehicle Access Comments: Fire lane markings and signage at all fire
hydrants and fire department connections. Access Comments: Frederick County Code required two
fire hydrants within 300 feet of all units in structures with six or more dwelling units per structure.
These shall be identified during the site plan process. Additional Comments: These structures may
require residential fire sprinkler systems. Access to FDC will be required.
Sanitation Authority: 2nd review - approved.
County Inspections: Dwelling shall comply with The Virginia Uniform statewide Building Code
and section 310, use group R (Residential) of the BOCA National Building Code/ 1996 and the
CABO One and Two FamilyDwelling Code/1995. Note: The International Building and Residential
2000 Codes can be utilized through modification until adoption.
Public Works: A comprehensive review of the site shall be performed at the time of site plan
submission.
Geographic Information Systems: The following road names are APPROVED as new road names
and reserved for use by the Hiatt Run Condominiums subdivision in the Frederick County Road
Naming System: Hays Meadow Circle.
Parks & Recreation: Staff recommends that the proposed linear park trail be ten feet in width and
meet the minimum hard surface standards used by this department for trail construction. This
recommendation is based on the Federal Highway Administration and American Association of State
Transportation Officials guidelines which state that two directional linear walking/bike trails should
be a minimum of ten feet in width. This trail should also be designed in a manner which provides
the opportunity to connect to trails that may by constructed on adjacent property that is currently
undeveloped.
MDP #07-03, HIATT RUN CONDOMINIUMS
Page 3
October 29, 2003
Winchester Regional Airport: The above referenced master plan has been reviewed and it appears
that it should not have an impact on operations at the Winchester Regional Airport as the proposed
site falls outside of the airport's Part 77 surface. However, the site does lie within the airport's
airspace and residents could experience fly -over noise from aircraft within that area.. Thank you for
your cooperation and consideration in continuing safe operations of the Winchester Regional
Airport.
Frederick County Public Schools: No additional comments at this time.
HRAB: See attached letter from Rebecca Ragsdale, dated September 17, 2003. This letter
describes the HRAB's recommendations for this development.
Planning & Zoning:
Site History:
The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the
zoning for the subject parcel as R-3 (Residential Limited) District. The zoning changed to RP
(Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning
districts were reclassified.
Site Suitability:
Land Use Compatibility:
The site of the proposed development is located in an area with a mixture of land uses. The
dominant land use in the area is single-family residential. However, manufactured housing,
agriculture and business uses can be found within close proximity of the subject property.
The proposed master development plan is a multifamily development with a higher than
average density of dwelling units per acre (9.6 per acre) for the area. While this density is
permitted by the Frederick County Zoning Ordinance, care should be taken when a higher
density development is proposed in an area with lower densities (Comprehensive Policy
Plan, 6-69). '
Historic Resources:
The Study of Civil War Sites in the Shenandoah Valley, published by the National Park
Service, identifies the site as being part of the Second and Third Battles of Winchester core
battlefield. Specifically, the site is part of the area of Stephenson's Depot. The Frederick
County Battlefield Network Plan encourages the strategy of working with developers and
landowners to preserve key areas of historical significance.
The Historic Resources Advisory Board (HRAB) reviewed the proposed application on
.MDP #07-03, HIATT RUN CONDOMINIUMS
Page 4
October 29, 2003
September 16, 2003. The HRAB had great concern over the loss of core battlefield, and did
not believe that the proposed use was compatible with the surrounding land uses. However,
the HRAB understood that the parcel is zoned appropriately for the proposed development.
Therefore, they recommended various measures that could be taken to reduce the potential
impact the development would have on the surrounding properties and historical resources.
These recommendations included: changing the building layout to minimize visibility from
Stephenson's Depot; reducing the height of all buildings; committing to an architectural
design complementary to the area; increasing landscaping along Martinsburg Pike (Route
11); preserving the stone wall that currently exists along McCann Lane; adding a farm fence
along Martinsburg Pike (Route 11); and allowing for the possibility of linking the proposed
trail with a future trail leading to the battlefield property to the south. The applicant has
revised the plan to address the HRAB's suggestion regarding the linking of trails. The
proposed preliminary master development plan has not been revised to address the other
suggestions of the HRAB.
Environment:
Hiatt Run, a tributary to Opequon Creek, flows through the southern portion of the 10 -acre
parcel. Part of the recently adopted ordinance to replace the woodlands ordinance,
established the requirement for a riparian buffer along all natural waterways in Frederick
County. No development or land disturbance is permitted in a riparian buffer, other than for
public facilities, roads, and utilities. Thus, a riparian buffer is required as part of this
development. Floodplains also exist on the property and will be surveyed by the applicant
prior to approval of the site plan or subdivision design plan. No disturbance of the floodway
is proposed by this development.
No lakes, ponds, steep slopes, or other environmental features exist on the parcel.
Transportation:
The site has road frontage along Martinsburg Pike (Route 11) and McCanns Road (Route
838). Martinsburg Pike is a major collector road (CPP, 7-9). The Frederick County Primary
Road Improvement Plan (priority 2b) depicts this segment of Martinsburg Pike to be
improved to an urban four lane system in the future. Furthermore, the Comprehensive Policy
Plan delineates Martinsburg Pike as a possible location for a future bicycle trail (CPP, 7-16).
McCanns Road is a local road, without plans for improvement at this time. Access to the 10 -
acre site is proposed via two new entrances off of Martinsburg Pike. These entrances meet
the requirements of the Frederick County Zoning Ordinance, and have been preliminarily
approved by VDOT.
Comprehensive Policy Plan:
The Frederick County Northeast Land Use Plan (NELUP) identifies the area of the subject
parcel as "developmentally sensitive". The Developmentally Sensitive Areas (DSAs) were
recommended along Martinsburg Pike with the aim of protecting existing residential land
uses, historical features, and maintaining open space (CPP, 6-33). The 10 -acre site is within
MDP #07-03, HIATT RUN CONDOMINIUMS
Page 5
October 29, 2003
the County's Urban Development Area (UDA).
Project Scope
The preliminary master development plan for Hiatt Run Condominiums consists of 96
garden apartments (condominiums) on 10.0 acres. This calculates to a gross density of 9.6
dwelling units per acre. The zoning ordinance permits a gross density of 10.0 dwelling units
per acre.
The applicant is proposing a recreational area, which would integrate open space, riparian
buffers, and the recreational units that are required for this development. A 10' wide trail
will be provided in this recreational area. The trail will be open to the public, but maintained
by the future homeowners association of the development. To avoid disturbance of the
vegetation around Hiatt Run, the proposed trail will cross the creek within the VDOT right-
of-way.
The applicant has stated that the developer intends to utilize the ornamental landscaping
option of the recently adopted landscaping ordinance. Landscaping is also required for the
proposed parking areas, and as necessary for the required residential separation and road
efficiency buffers.
Issues:
Below is a list of concerns which should be considered in more detail during the review
process with the Planning Commission and Board of Supervisors:
1) Historical Resources. The proposed plan meets or exceeds the Zoning Ordinance's
requirements for environmental preservation; however, little is offered to preserve
the historical integrity of the property. While this can not be required, because it is
not an ordinance requirement, staff strongly encourages the applicant to consider the
suggestions of the ET,".
STAFF CONCLUSIONS FOR 12/03/03 PLANNING COMMISSION MEETING:
The overall concept of this Master Development Plan is consistent with the requirements of Article
XVII, Master Development Plan, of the Zoning Ordinance. All of the issues identified by staff, as
well as those issues brought forth by the Planning Commission, should be appropriately addressed
prior to a recommendation to the Board of Supervisors.
The applicant is seeking a recommendation for administrative approval authority during the
Planning Commission meeting on December 3, 2003. The applicant is also seeking a decision
regarding the requested screening waiver mentioned above.
6 FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
September 18, 2003
Ms. Sara Beth Saurino
Painter -Lewis, P.L.C.
302 South Braddock Street, Suite 200
Winchester, VA 22601
RE: Hiatt Run Condominium Complex Master Development Plan
Martinsburg Pike and McCann Lane; Zoning District: RP (Residential Performance)
Dear Ms. Saurino:
The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal
during their meeting of September 16, 2003. The HRAB reviewed information associated with the
National Park Service Study of Civil War Sites in the Shenandoah Valley, and information contained in
the Frederick County Battlefield Network Plan. The HRAB also considered details you provided about
the proposed development and comments from the Shenandoah Valley Battlefields Foundation.
Historic Resources Advisory Board Concerns
The vacant parcel proposed to be developed with eight condominium buildings is located within the limits
of the Second Battle of Winchester and the Third Battle of Winchester (Opequon) core battlefield areas,
as delineated by the National Park Service. In particular, the site proposed for development is adjacent to
Stephenson Depot. Therefore, the HRAB has expressed concern for loss of core historic battlefields and
believes the proposed use is incompatible with surrounding land uses. Specifically, the HRAB has
concerns about loss of battlefield viewsheds, the proposed density of the development and its impacts on
Stephenson's Depot. Based on the above concerns, the HRAB was not in favor of the proposed
development.
However, the HRAB recognizes that the property is already zoned for residential uses and should the
property develop, suggests the following be considered to mitigate impacts on historic resources:
Building layout: Given the topography of the property and the adjoining battlefields, consider an
alternate grouping of buildings to minimize visibility from Stephenson's Depot.
Height of buildings: Consider abuilding height that is more compatible with surrounding land
uses, such as one story instead of three. This would also address concerns regarding battlefield
viewsheds.
107 North Kent Street • Winchester, Virginia 22601-5000
Ms. Sara Beth Saurino
Re: Hiatt Run Condominium Complex Master Development Plan
September 18, 2003
Page 2
Architecture of buildings: Consider building materials and architectural features more in keeping
with the character of the surrounding properties.
Landscaping along Martinsburg Pike: Provide additional landscaping along Martinsburg Pike
to minimize visibility of parking areas. Include a fence as part of landscaping features along the
roadway that is reminiscent of fencing historically found along Old Valley Pike.
Stonewall along McCann Lane: The HRAB suggests preservation of the existing stonewall along
the property line adjacent to McCann Lane.
Connections to other Battlefield Resources: Provide trail linkages to adjacent battlefield
resources, as trail systems occur on these properties. The HRAB discourages use of asphalt or
similar surface materials on any trails constructed.
Please contact me with any questions concerning these comments from the HRAB.
Sincerely,
C"
Rebecca Ragsdale
Planner I
cc�ssie Solenberger, HR.AB Chairperson
�yn a Tyler, Stonewall District Supervisor
eremy Camp, Planner II
U.\CONMTTEESq]RAB\Com enu\2003UiiattR=NMP.wpd
MDP #07-03
Hiatt Run
Condominiums
PIN:
44-A- 17
N
W+
s
0 700 200 Fd
FRE COPY
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/665-6395
July 15, 2003
Mr. Timothy G. Painter, P.E.
Painter - Lewis, P.L.C.
302 South Braddock Street, Suite 200
Winchester, Virginia 22601
RE: Preliminary Review Comments for Hiatt Run Condominiums
Property Identification Number (PIN) 44-A-17
Dear Tim:
Thank you for giving me the opportunity to provide you with preliminary review comments for the proposed
development referred to as Hiatt Run Condominiums, received by staff on July 9, 2003. My review comments
are shown below for your consideration.
Preliminary Review Comments:
1) Road Efficiency Buffer Waiver. The Zoning Ordinance requires a six foot tall berm and a single row
of evergreen trees for a reduced distance road efficiency buffer. The Planning Commission must
specifically approve your alternative design which has a double row of evergreen trees without a berm.
Please request a waiver as part of your master development plan application or modify the plan to
conform with the Zoning Ordinance t.
2) Residential Separation Buffer & Landscape Screen Waiver. Please show the required residential
separation buffer along McCann Road. Furthermore, you should also request a waiver as part of your
master development plan, because a landscape screen is not provided as required in the Zoning
Ordinance 2.
3) Riparian Buffer. Please consider the following concerns regarding the proposed riparian buffer.
a) Please demonstrate how the riparian buffer will be protected from disturbance from the proposed
residential development. The close proximity of building one is a concern.
b) Please provide information regarding the intended future ownership, use, and maintenance of
this area.
C) Only public utilities, public facilities, and roads may disturb riparian buffers. Therefore, the
proposed trail and pavilion must be public facilities.
1 Section 165-37 E. (3)
Z Section 165-37B. (1)
107 North Kent Street - Winchester, Virginia 22601-5000
Page 2
Mr. Timothy G. Painter, P.E.
Re: Preliminary Comments for Hiatt Run Condominiums
July 15, 2003
d) Staff suggests that an easement be provided from the proposed trail system to the parcel
identified by PIN 44 -A -17A. This could allow the trail system to be tied into a regional trail
system in the future.
4) Recreational Units. Please account for the required recreational units. The Zoning Ordinance requires
four recreational units for 96 dwelling units (1 per 30 units).
5) Agricultural / Historical Setback "Recommendation. " Staff suggests that you provide a more
substantial buffer and/or screen between the proposed development and the agricultural/ historically
significant parcel located to the east. The current layout may have an impact on the future agricultural
use of the adjoining parcel, as well as its potential historical interpretation.
6) Martinsburg Pike (Route 11) Future Improvements. The Frederick County Primary Road
Improvement Plan calls for Martinsburg Pike to become an Urban Four Lane System in the future.
Additional right-of-way along Route 11 may be necessary. Please work with VDOT to determine what
is necessary to accommodate this future road project. The Frederick County Comprehensive Policy Plan
calls for a future bicycle path along Martinsburg Pike 3.
7) Agency Comments. Please provide agency/department comments from the following agencies: HRAB
(Historic Resources Advisory Board), Fire Marshal, Inspections, Public Works, VDOT (Virginia
Department of Transportation), Dept. of GIS, Sanitation Authority and Parks & Recreation. You should
contact Rebecca Ragsdale, Frederick County Planner I, to schedule a meeting with the HRAB for their
review of the proposed development.
Please adequately address the above comments prior to your formal submission of master development plan.
For acceptance, you will need to submit a complete MDP application, which includes review agency comments
and review fee, to this department. Once this information is received, and all review comments addressed, staff
will schedule the application for review by the Planning Commission. Please do not hesitate to contact me with
questions regarding this letter.
Sincerely,
0
Jeremy F. Camp - Planner II
JFC/bah
3 CPP pg. 7-15
U: UeremyWaster Development PlansWiatt Run CondominiumslPreliminaryReviewComments.wpd
Frederick County, Virginia Master Development Plan Application Package
APPLICATION
MASTER DEVELOPMENT PLAN
1. Project Title:A, -r-T- ILL-,vrt
2. Owner's Name: o��,
(Please list the names of all owners or parties in intrest)
3. Applicant: Fr�tNT'e:YL- - R. -.L-
Address: sotTl nnc,
W�1�lC�i-GS'i�vL JI, ZZCoUA
Phone Number: c,c,z. - S,79z-
4. Design Company:
Address: 3�t . S• �QJ�oc 1c_ -sr. , , z�
r-�
ZZ e c> I
Phone Number:
Contact Name: L—.
Page 11
Frederick County, Virginia Master Development Plan Application Package
APPLICA`I"ION cont`d
MASTER DEVELOPMENT PLAN
5. Location of Property: L\ -r -V� S ��-� 1 �
VLA.83e-, e4,e- TQC -Tvw*L
6. Total Acreage: 10.152-5 41ci-IG-47
7. Property Information:
a) Property Identification Number (PIN): 4'A ((
b) Current Zoning:
c) Present Use: S d) Proposed Proposed Uses:
e) Adjoining Property Information:
Property Identification Numbers Property Uses
North P-Oan. R .o. i,J. (x, I 1
South 4 -AO ;�l Flo
East - eA ((A.$) 1 o S • F. �,ch �,, n
West 2oa0 1?-. o. w. SZ-111-�7S eC3 S8
f) Magisterial District:
S. Is this an original or amended Master Development Plan?
Original -X, Amended
I have read the material included in this package and understand what is required by the Frederick
County Department of Planning and Development. I also understand that the master
development plan shall include all contiguous land under single or common ownership. All
required material will be complete prior to the submission of my master development plan
application.
Signature.
Date: 3
EE X03
Page 12
Frederick County, Virginia Master Development Plan Application Package
Adjoining Property Owners
MASTER DEVELOPMENT PLAN
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any
property abutting the requested property on the side or rear or any property directly
across a public right-of-way, a private right-of-way, or a watercourse from the requested
property. The applicant is required to obtain the following information on each adjoining
property including the parcel identification number which may be obtained from the office of the
Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the
Frederick County Administration Building, 107 North Kent Street.
ADDRESS / PROPERTY NUMBER
Name J� a� t� L . 2 L.-1 lrp `T Lra2.D
Address Z-510 ��2T NS J2 L r- PICS
Property # -4,4
.�D�, 1-l�LauNr
170
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l 4 Z_ N��LaNnls K-a�.�
'��i'Pc1J�ELI E. �r Z-"4,
44o SES
1oZ V\"L&W'As al�fl
�E5LZ: `fA.q
44
Page 18
Frederick County, Virginia Master Development Plan Application Package
Name I
NRiic viC `�Y�2
A2T1�1Se-CT 1�i� C
Address ZZr�//
Property # \
%�e.DE i"Fi D.
�4-/
LAPPL- ie--4AlI)
� Rye n €. 2 003
Page 19
•
•
J
SUBDIVISION #12-03
VINE LANE SUBDIVISION
Staff Report for the Planning Commission
Prepared: November 13, 2003
Staff Contact: Mark Cheran, Planner I
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist in the review of this application.
It may also be useful to others interested in this zoning matter.
Reviewed Action
Planning Commission: 12/3/03 Pending
Board of Supervisors: 01/14/04 Pending
LOCATION: This property is located 2.2 miles south on Front Royal Pike (Route 522) from the
intersection of Route 522 and Route 50. Turn left onto Vine Lane and the property is on the right,
past the S.W.M. pond.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64-2-D
PROPERTY ZONING & PRESENT USE: RP (Residential Performance) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & USE: RP (Residential Performance) District
Land Use: Agriculture, Vacant, Residential
SUBDIVISION SPECIFICS: Subdivision of 1.15 acres into three lots.
REVIEW AGENCY COMMENTS:
Department of Transportation: Please see the attached letter dated November 3, 2003, signed by
Barry J. Sweitzer, Trans. Roadway Engineer
Fire and Rescue: Plan approval recommended.
Subdivision Application #12-03
November 13, 2003
Page 2
Sanitation Authority: Plan approval recommended.
Public Works: Please see the attached letter dated October 8, 2003, signed by Joe C Wilder,
Deputy Director.
Staff Review: The Subdivision Ordinance requires that land divisions in the RP (Residential
Performance) Zoning District, without an approved Master Development Plan, be presented to the
Board of Supervisors for final approval (Per 144-12-B). The Master Development Plan (MDP)
requirement may be waived, and has been waived for this project, when a development proposal does
not include provisions for proposed roads and/or regional stormwater management facilities. The
.project contains land zoned RP, and does not have an approved MDP; therefore Board review and
action is necessary.
Mr. Hubert and Ms. Sara Stone own approximately 1.1749 acres of land, located the Shawnee
Magisterial District along Vine Lane (Rt. 850). This property is located in the UDA and SWSA as
indicated in the 2000 Comprehensive Policy Plan of Frederick County, Virginia. The Stones propose
to create three (3) new lots containing a minimum of 15,000 square feet each. Theses proposed lots
are allowed in the RP Zoning District, under Chapter 165-65B of the Frederick County Zoning
Ordinance and are categorized as a "Single -Family Detached Traditional" housing type. This housing
type is allowed in the RP Zoning District. Public water and sewer will be utilized by the proposed
lots.
STAFF RECOMMENDATION FOR 12/03/03 PLANNING COMMISSION MEETING:
The proposed subdivision appears to satisfy the requirements of the zoning ordinance and
subdivision ordinance. A recommendation to be forwarded to the Board of Supervisors would be
appropriate.
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP
COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER
TEL (540) 9845600
November 3, 2003 FAX (540) 984-5607
Mr. David L. Frank, Project Manager
c/o Bowman Consulting Group, LTD
124 East Cork Street
Winchester, VA 22601
Ref: Vine Lane Subdivision
Route 850, Vine lane
Frederick County
Dear David:
This is to acknowledge receipt of your revised plans dated October 24, 2003 for the referenced
project. The plans appear satisfactory and are approved. Please advise the developer
accordingly. Please provide four (4) sets of approved construction plans with signed seal for
VDOT distribution.
I offer the following comments:
• A preconstruction conference be held by the engineer and/or developer with the attendance of
the contractor, various County agencies and VDOT prior to initiation of work.
• Materials used and method of construction shall apply to current observed VDOT Road &
Bridge Specifications applicable during construction of this development.
• Our review and comments are general in nature. Should conditions in the field exist such
that additional measures are warranted, such measures shall be completed to the satisfaction
of the Department prior to inclusion into the Secondary Road System.
• Attached is a copy of the minimum requirements and information needed prior to acceptance
of subdivision streets into the Secondary System. This is the responsibility of the developer.
• All drainage is to be carred within the right-of-way in ditch lines or gutters along the street to
a pipe or drainage easement.
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
u
Nu
2003
1D�r� p
71i
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP
COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER
TEL (540) 9845600
November 3, 2003 FAX (540) 984-5607
Mr. David L. Frank, Project Manager
c/o Bowman Consulting Group, LTD
124 East Cork Street
Winchester, VA 22601
Ref: Vine Lane Subdivision
Route 850, Vine lane
Frederick County
Dear David:
This is to acknowledge receipt of your revised plans dated October 24, 2003 for the referenced
project. The plans appear satisfactory and are approved. Please advise the developer
accordingly. Please provide four (4) sets of approved construction plans with signed seal for
VDOT distribution.
I offer the following comments:
• A preconstruction conference be held by the engineer and/or developer with the attendance of
the contractor, various County agencies and VDOT prior to initiation of work.
• Materials used and method of construction shall apply to current observed VDOT Road &
Bridge Specifications applicable during construction of this development.
• Our review and comments are general in nature. Should conditions in the field exist such
that additional measures are warranted, such measures shall be completed to the satisfaction
of the Department prior to inclusion into the Secondary Road System.
• Attached is a copy of the minimum requirements and information needed prior to acceptance
of subdivision streets into the Secondary System. This is the responsibility of the developer.
• All drainage is to be carred within the right-of-way in ditch lines or gutters along the street to
a pipe or drainage easement.
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
Mr. David L. Frank
Ref. Vine Lane Subdivision
November 3, 2003
Paee Two
• The contractor shall notify VDOT when work is to begin or cease for any undetermined
length of time. VDOT will also require 48 hours notice for insvections.
• The appropriate land use permits shall be obtained before any work is performed on the
State's right-of-way. The permit is issued by this office and will require a minimum
processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector.
• If mailboxes are to be placed along the roadway fronting lots, a minimum of 4' shall be
between the edge of pavement and the front of mailbox as shown on the Standard RFD -1 and
attached sketches.
• Private entrances will be installed in accordance with Standard PE -1. This is the developer's
responsibility.
• Any entrances constructed from the referenced street(s) shall meet VDOT minimum
standards. This is the developer's responsibility.
• I suggest any utilities and/or storm sewer placed within the proposed right-of-way be
backfilled completely with C.R. Type 21-B Stone. This will greatly reduce the possibility of
any pavement settlement.
Should you need additional information, do not hesitate to call.
Sinygly,
Barry J. Sweitzer, Trans. Roadway Engineer
For: Lloyd A. Ingram, Transportation Engineer
BJS/rf
Attachments
xc: Mr. David Heironimus
Mr. Jeremy Camp
COUNTY of FREDERICK
Department of Public Works
540/665-5643
FAX: 540/678-0682
October 8, 2003
Mr. David Frank
Bowman Consulting Group, Ltd.
124 East Cork Street
Winchester, Virginia 22601
RE: Subdivision Comments - Vine Lane
Frederick County, Virginia
Dear Mr. Frank:
Upon review of the subject subdivision plan, we offer the following comments:
1) Because Lot 1 is located adjacent to an existing stormwater pond, it will be
necessary to perform a 100 -year flood study as well as an engineered site plan for
the subject lot to ensure that the proposed house will not be impacted. These
items shall be submitted at the time application is made for a building permit for
the subject lot.
Because this comment will be addressed at the time of the building permit application
process, we offer no additional comments. Therefore, we recommend approval of the subject
subdivision.
Sincerely,
G� C' J
Joe C. Wilder kko
Deputy Director
JCW/rls
cc: Patrick Davenport, Zoning and Subdivision Administrator'`r
file
A:\vinebmesubd.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
Sep 12 21 02:38p plowman Consulting Group F40-722-5080 p.2
June 19, 2003
Mr. David Frank, ASLA
Bowman Consulting Group, Ltd.
124 East Cork Street
Winchester, Virginia 22601
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FA X : 540/665-6395
P.M. :IDi (iNiaster Development Plan) Waiver Request
Vine Lane Subdivision
Property Identification Number (PIN) 64-2-D
Dear David:
JUN 2 3 2903
Q.
ECEIVEV
I am in receipt of your letter, received June 17, 2003, which requests a waiver to the master
development plan process for the subdivision ofthe above -referenced parcel. This subdivision proposes
four single family detached traditional lots within the RP (Residential Performance) Zoning District.
The parcel is located entirely within the (UDA) Urban Development Area and the SWSA (Sewer &
Water Service Area). The proposed subdivision is consistent with the land use and transportation
policies of the Frederick County Comprehensive Policy Plan.
Section 165-134 of the Frederick County Zoning Ordinance gives the Director of Planning and
Development the ability to waive the requirement for a master development plan under certain
conditions. The proposed subdivision satisfies these conditions. Therefore, your request for a waiver
to the County's Master Development Plan process is appropriate in this situation. Please be advised
that the waiver of a Master Development Plan does not eliminate any applicable development and
design requirements of the Frederick County Subdivision and Zoning Ordinances.
Please contact me if you have any questions regarding this letter.
AICP
Pinning Director
ERL/JFC/bad
cc: Patrick T. Davenport, Zoning & Subdivision Administrator
Attachment
U:VeremylMnrrer Oevdopmnnr Plonrt Wni—Lar-1 Fwd- pd
107 North Kent Street • Winchester, Virginia 2260I-5000
522
64D A 364 64 2 D1 64 2 D3 mN
,� �D' at MCDONALD BEST 7o pA
CROSS �'jrtr4hAR-11�s4 fG; .. RP RP
RP s hti� RP
��
64 A 23 Vine Ln
CASEY 7C
RA 64 2 D Subdivision # 12 03
DAVE HOLLIDAY_CONSTRUCTION RP O�' Vine Lane Subdivision
RP PIN:
64-2-D
64D 4 1
ELLIOTT
RA 64 A 36 N
BEEKMAN W+
RA 3
0 20 40 Feet
APPLICATION AND CHECKLIST SEP d 5 21303
SUBDIVISION
FREDERICK COUNTY VIRGINIA
Date: y�0 Application x ''0 Fee Paid
Applic t/Agent: t �QWw,-neJ 6'-J5c-) Vrt-ln�G
Address: 1 7,q
I
Phone:
Owners name:
Address: 25 f& 14/ppi-r, 9A:2
A(egesr,Ot 11.1,e 4l1it 4 70461
Phone: ✓-;-qD ) &b2- " 1 �►` q -Z-
Please
Please list names of all owners, principals and /or majority
stockholders:
(. A66 XF
Contact Person: VAV-15 A�4411L APMOV.41ll 615ki-f-I'lik
Phone: ��Z 23q
Name of Subdivision:VINEF-
" c--
-"'XJ 5 -vi (Ste.J
Number of Lots Total Acreage
Property Location: 2. 2. rAIif- 0W SZ -Z (17(zbW-Z'0'/'kJ
n
4rn.sc
\J\Nc l"e A,, � ?rqe%(�,j %s a, 4.e � ,'`: 4'e- s. W. M
(Give State Rt.#, name, distance and direction from intersection)
Magisterial District WO
Property Identification Number (PIN)) TA Gq if2)1 Vi4gAe-z- 12L'
E?
Property zoning and present use: %CSN t--- p : KF
(-A)a V� TN US : nlT-
Adjoining property zoning and use:
Has a Master Development Plan been submitted for this project?
Yes No
If yes, has the final MDP been approved by the Board of
Supervisors?
Yes No
What was the MDP title?
Does the plat contain any changes from the approved MDP? Y k
Yes No
If yes, specify what changes:
Minimum Lot Size (smallest lot) 0.50 AC—,
Number and types of housing units in this development:
Number S
Types 4V7A..-,c.-a 1�rrb
9
VINE LANE SUBDIVISION
ADJOINING PROPERTY OWNERS
VDOT Central Office VDOT SWM FACILITY
1221 East Broad Street COMMONWEALTH OF VIRGINIA
Richmond, VA 23219 D.B. 834, PG. 1769
STATE HIGHWAY PLAT BOOK 9, PG. 290
Joseph Bugarski
P. O. Box 2791
Winchester, VA 22604
Robert I. & Elizabeth W. Best
141 Vine Lane
Winchester, VA 22602
Robert P. & Dorothy E. Elliott
1215 Front Royal Pike
Winchester, VA 22602
Everett Beekman, Jr.
157 Laurelwood Drive
Winchester, VA 22602
Frederick County
Sanitation Authority
P. O. Box 1877
Winchester, VA 22604
Attn: Wellington Jones
s i oruE
�/l�la9Cr1£ST��� VA • ���Q
T.M. 64-((2))-D2
D.B. 825, PG. 1045
T.M. 64-((2))-D3
D.B. 534, PG. 232
T.M. 64D-((4))-1
D.B. 296, PG. 370
T.M. 64-((A))-36
D.B. 258, PG. 97
T.M. 64-((2))-D5
D.B. 545, PG. 862
(04--2- -'D�
'C"'/ 0�
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
MEMORANDUM
TO: Frederick County Planning Commission
FROM: Jeremy F. Camp, Planner II P (/
DATE: November 20, 2003
RE: Discussion - New Frederick County Middle School Site Plan
FAX: 540/665-6395
At the December 3, 2003 Planning Commission meeting, staff will present the site plan for the New
Frederick County Middle School to the Planning Commission for review. Customarily, projects
involving public facilities are brought before the Planning Commission prior to site plan approval. A
representative of the Frederick County Schools will be present during the Planning Commission meeting.
The site of the New Frederick County Middle School is located on the eastern side of Front Royal Pike
(Route 522 S), south of its intersection with Papermill Road (Route 644). Access will be provided to
Front Royal Pike via a new major collector road and school access road. As you probably are already
aware, the site for the New Frederick County Middle School is currently being prepped for construction.
Land disturbance and construction of the road to the site is underway. Construction of the school itself
is anticipated to begin before the year is over.
A smaller version of the site plan is attached for your information. Please contact me if you would like
to see the full version, or if you need any additional information.
JFC/bad
107 North Kent Street . "Alinchester, Virginia 22601-5000
TO: Frederick County Planning Commission
FROM: Jeremy F. Camp, Planner II P (/
DATE: November 20, 2003
RE: Discussion - New Frederick County Middle School Site Plan
FAX: 540/665-6395
At the December 3, 2003 Planning Commission meeting, staff will present the site plan for the New
Frederick County Middle School to the Planning Commission for review. Customarily, projects
involving public facilities are brought before the Planning Commission prior to site plan approval. A
representative of the Frederick County Schools will be present during the Planning Commission meeting.
The site of the New Frederick County Middle School is located on the eastern side of Front Royal Pike
(Route 522 S), south of its intersection with Papermill Road (Route 644). Access will be provided to
Front Royal Pike via a new major collector road and school access road. As you probably are already
aware, the site for the New Frederick County Middle School is currently being prepped for construction.
Land disturbance and construction of the road to the site is underway. Construction of the school itself
is anticipated to begin before the year is over.
A smaller version of the site plan is attached for your information. Please contact me if you would like
to see the full version, or if you need any additional information.
JFC/bad
107 North Kent Street . "Alinchester, Virginia 22601-5000