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PC 09-17-03 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia September 17, 2003 7:00 P.M. CALL TO ORDER TAB 1) Committee Reports ................................................. (no tab) 2) Citizen Comments .................................................. (no tab) PUBLIC HEARING 3) Rezoning #08-03 of SWEJ, LLC, submitted by Greenway Engineering, to rezone 4.017 acres from RA (Rural Areas) District to RP (Residential Performance) District. This property is located on the north side of Senseny Road and adjoins the Senseny Glen Subdivision to the north and west, and is identified with Property Identification Numbers 65-A-47 and 65-A-48 in the Red Bud Magisterial District. (Mr. Camp) .......................................................... (A) 4) Rezoning #09-03 of Shenandoah Mobile Courts, Inc., submitted by Greenway Engineering, to rezone 7.08 acres from RA (Rural Areas) District to MH-1(Mobile Home Community) District. This property is located on the east side of Front Royal Pike (Route 522), 1000 feet south of the intersection of Route 522 South and Papermill Road (Route 644), and is identified with Property Identification Number 76-A-1 in the Shawnee Magisterial District. (Mrs. Kennedy)........................................................ (B) 5) Other • • C� REZONING APPLICATION #08-03 SWEJ, LLC Staff Report for the Planning Commission Meeting Prepared: September 2, 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 reviewprocess, the methods) ofresolution for each issue proposed by the applicants) and/or recommended by the Planning Commission or Board of Supervisors will be stated in the text of this report, as appropriate Reviewed Action Planning Commission: 09/17/03 Pending Board of Supervisors: 10/8/03 Pending PROPOSAL: To rezone 4.017 acres from the RA (Rural Areas) District to the RP (Residential Performance) District. LOCATION: The two parcels of land are located on the north side of Senseny Road (Route 657) and adjacent to Senseny Glen subdivision at the end of Dell Court (Route 1409). MAGISTERIAL DISTRICT: Red Bud PROPERTY ID NUMBERS: 65-A-47 and 65-A-48 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) Use: Unimproved ADJOINING PROPERTY ZONING AND PRESENT USE: North: Zoned: RP (Residential Performance) Use: Residential South: Zoned: RP (Residential Performance) Use: Residential East: Zoned: RA (Rural Areas) Use: Residential West: Zoned: RP (Residential Performance) Use: Residential PROPOSED USE: Five single-family detached traditional lots (minimum square feet per lot = 15,000) REZ #08-03, SWEJ, LLC Page 2 September 2, 2003 REVIEW EVALUATIONS: Virginia Dent. of Transportation: The documentation within the application to rezone this property appears to have minimal impact on Routes 1409, 867 and 657. Route 1409 is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the rezoning application dated June 2003 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing roadway and entrance designs, drainage features and traffic flow data for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and offsite roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Water supplies for fire firefighting shall meet the requirements of Frederick County Code Section 90-4. Counq En ineer: We have no comments at this time. We reserve the right to perform a detailed review at the time of the subdivision submittal. Sanitation. Authorit : No comments. Frederick -Winchester Service Authority: No comments. Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that it will not impact operations at the Winchester Regional Airport. Public Schools: See attached letter, dated July 9, 2003, written byAl Orndorff, Administrative Assistant to the Superintendent. Greenwood Volunteer Fire Cam an A need for some sort of buffer prior to retirement home may be necessary. Parks & Recreation: Plan appears to address the impact this development will have on the recreational needs of the county. County Attorney: Once signed by the owner(s), the proffers appear to be in proper form. REZ #08-03, SWEJ, LLC Page 3 September 2, 2003 Planning & Zoning: 1) Site History 2) 3) The original Frederick County zoning map (U.S.G.S. Stephenson Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject properties and all other A-1 and A-2 zoned land to the RA District. Location The site of the proposed rezoning consists of two parcels of land, totaling 4.017 acres. The parcels are located north of Senseny Road (Route 657), east of Senseny Glen Drive (Route 867), and at the end of Dell Court (Route 1409). Senseny Glen Subdivision is located north and west of the subject site. Furthermore, Glenmont properties, across Senseny Road (Route 657) Bud Magisterial District. Comprehensive Policy Plan Village Subdivision is located to the south of the . The properties are located entirely within the Red Although an approved small area land use study does not exist for the Senseny Road Corridor, the proposed rezoning is consistent with the land use policies found in the Comprehensive Policy Plan. These applicable land use policies encourage the establishment of suburban residential uses as the predominant land use in the UDA (Urban Development Area)(Comprehensive Policy Plan, page 6-5 and 6-6). The site of the proposed rezoning, for five single-family detached traditional lots, is located entirely within the UDA. The Frederick County Bicycle Plan, a component of the Comprehensive Policy Plan, specifies that Senseny Road (Route 657) is a short-term designation for a bicycle path/lane (Comprehensive Policy Plan, page 7-16). Senseny Road (Route 657) is also designated by the Eastern Road Plan, found in the Comprehensive Policy Plan, as a major collector road planned for future improvements (Comprehensive Policy Plan, page 7-15). 4) Site Suitability No flood plains, lakes or ponds, wetlands, sinkholes, prime agricultural soils, steep slopes, or other environmental features have been identified on the 4.017 acre site. The Frederick County Soil Survey indicates that [the primary soil type of the site is Clearbrook Channery Silt Loam 2 - 7%. Approximately 20% of the site consists of Weikert Berks Channery Silt Loam 2 - 7%. The two parcels of land are on the eastern side of the County, which means that they fall within the Martinsburg Shale geologic area of the County. REZ #08-03, S WEJ, LLC Page 4 September 2, 2003 5) Potentiallmpacts A. Transportation Using the standards found in the I.T.E. Trip Generation Manual 6' Edition, the proposed rezoning would increase traffic by 48 vehicle trips per day. Based on data from the 2002 VDOT Daily Traffic Volumes, these additional vehicle trips per day would be an overall increase of less than 1 % to Senseny Road (Route 657). Therefore, and along with the fact that no changes will be made to transportation infrastructure, the proposed rezoning would have a minimal transportation impact. B. Sewer and Water The Impact Analysis Statement of the applicant states that the proposed development will demand 1,250 gallons of water per day. This assumes that each single-family home uses 250 gallons of water per day. Relatively speaking, the proposed development would not have a significant impact on the overall water supply provided by the Frederick County Sanitation Authority. Likewise, sewage generated by the development would have little overall impact. C. Historic Resources The Frederick County Rural Landmarks Surve does not identify any potentially significant historic resources on the site ofthe proposed rezoning. Moreover, according to the National Park Service's Study of Civil War Sites in the Shenandoah Vallgy of Virginia ' ir inia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. 6) 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 the conditions voluntarily proffered by the applicant: • Only five single-family detached traditional lots are permitted. • Access is limited to Dell Court (Route 1409) only. .40 acres of the site will be used as open space with an access easement from Dell Court. 0 A road efficiency buffer will be provided and maintained by the future HOA. REZ #08-03, SWEJ, LLC Page 5 September 2, 2003 • A generalized development plan is proffered which shows the general details of the above proffers. • A monetary contribution of $10,089 per lot will be paid to Frederick County. This contribution is equal to 100% of the projected impacts to capital facilities. STAFF CONCLUSIONS FOR THE 09/17/03 PLANNING COMMISSION MEETING: The proposed rezoning is a request to rezone 4.017 acres from the RA (Rural Areas) District to the RP (Residential Performance) District to accommodate five single-family detached traditional houses. No significant issues have been identified by planning staff, or any other review agency. The subject property is located within the Urban Development Area, and the request conforms with the Comprehensive Policy Plan. Staff would also note that the proposal is consistent in design with the adjacent Senseny Glen residential development. O:\Agendas\COMMENTS\REZONING\Staff Report\20MSW EJ LLC.wpd OUTPUT MODULE Revenue- Net Capital Net Cost. Per (Unadjusted) Cost Balance APPLICANT: Dell Court Rez. Dwelling Unit Net Fiscal Impact $0 $4,443 $889 LAND USE TYPE Residential Costs of Impact Credit: $7,571 Credits to be Take REAL EST VAL $655,500 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 4 Capital Faciltiies col sum only) Oper Cao Equip Expend/Debt S Taxes. Other Fire and Rescue Department $4,443 $0 $1,013 $203 $2,623 Elementary Schools $21,438 $0 $26,070 $18,639 $50,447 Middle Schools $12,611 $0 $3,508 $17,028 High Schools $18,488 10,089 Parks and Recreation $7,675 $1,730 Public Library $1,334 $373 Sheriff's Offices $790 $647 $0 $161 Administration Building $1,013 $0 Other Miscellaneous Facilities $1,293 $1,247 $1,377 SUBTOTAL $69,085 $5,402 $18,405 $2,264 LESS: NET FISCAL IMPACT $0 NET CAP. FACILITIES IMPACT INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 PLANNING DEPT PREFERENCES 1.0 1.0 Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost. Per (Unadjusted) Cost Balance Facilities Impact Dwelling Unit $0 $0 $4,443 $889 $20,536 $14,682 $37,855 $7,571 $1,730 $1,237 $6,438 $1,288 $373 $267 $1,067 $213 $808 $578 $212 $42 $0 $0 $1,013 $203 $2,623 $1,876 $0 $0 $26,070 $18,639 $50,447 $10,089 $0 $0 $Q S0 50,4471 10,089 Rev -Cost Bal = 0.533 Ratio to Co Avg = 0.715 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative); included are the one -ti me taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE_ Proffer calculations do not include include interest because they are cash payments upfront. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 06/18/03 J FC Project Description: Assumes 5 Single Family Dwellings on 4 acres zoned RP District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 2002MODEL o .: Frederiv k County P ubli'c .,chools to ensure all students an excellent education Administrative Assistant to the Superintendent July 9, 2003 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: SWEJ, LLC Rezoning Dear Mr. Wyatt: Al Orndorff omdorfa@frederick.k12.va.us This letter is in response to your request for comments concerning the rezoning application for the proposed SWEJ, LLC Rezoning. Significant residential growth in this portion of Frederick County has resulted in the schools serving this area having student enrollments nearing or exceeding their practical capacity. The cumulative impact of this project and others of similar nature, coupled with the number of approved, undeveloped residential lots in the area, will necessitate the future construction of new school facilities to accommodate increased student enrollments. The proposed monetary proffer for Public Schools does meet school facilities impact as indicated by the Frederick County Fiscal Impact Model. The impact of this rezoning on current and future school needs should be considered during the approval process. Respectfully Yours, Alffm Orndorff Administrai Copy: William C. Dean Ph. D., Superintendent of Schools Robert W. Cleaver, Assistant Superintendent for Administration to the Superintendent JUL 14 2 1415 Amherst Street www.frederick.k12.va.us 540-662-3889 ext.112 P.O. Box 3508 540-545-2439 Winchester, Virginia 22604-2546 540-662-3890 fax v 867 RP � ti ev 4, N 1C N M N �o � <t 2 N N Q�cv 140 M J m cv N C/J �Q z �m a� RP RP RPMU 65 A 48 657 m° SWEJ, LLC 65 A 47 SWEJ, LLC �23q 65 A 46 SENSENY ROAD RENTALS, LLC a� Eclo 2uj� �i `° ,d,w 43 � �' RP oW VVL m p ��v 65 GLENMONT VILLAGE �O ASSOCIATION 65D 4 5 65A O O P� 865 R R OD RP 0 A 48 ReZoning # 08 - 03 SWEJ, LLC PIN(s) 65-A-47 65-A-48 Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning SWEJ, LLC. REZONING Tax Parcels 65-((A))-47 & 65-((A))-48 Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # D S-03 for the rezoning of 4.017 acres from the RA, Rural Areas District to establish 4.017 acres of RP, Residential Performance District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by SWEJ, LLC. being all of Tax Map Parcels 65-((A))-47 and 65-((A))-48, and further described by Deed Instrument 030005619 recorded March 17, 2003 in the Frederick County Clerk of the Court Office, The applicant hereby proffers the following: A.) Land Use Restrictions The applicant hereby proffers that the 4.017 -acre site will be limited to five single- family detached traditional building lots. Single-family detached housing shall be the only housing type permitted on the 4.017 -acre site B.) Access The applicant hereby proffers that access to the 4.017 -acre site will be limited to direct access to Dell Court. No primary or secondary access points will be permitted to occur on the Senseny Road frontage on the 4.017 -acre site to serve any residential building lot. File #3719/EAW Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning C.) Open Space The applicant hereby proffers to provide for a minimum of 0.40 acres of open space that will be located on parcel 65-((A))-47. This open space will be connected with a ten -foot access easement that is accessible from Dell Court. The applicant hereby proffers to provide for a road efficiency buffer along the portion of Senseny Road that adjoins the five single-family detached traditional building lots and further proffers to establish homeowners covenants that require the maintenance of the road efficiency buffer. D.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above-described property hereby voluntarily proffer that in the event rezoning application # O : 03 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia a total of $10,089 per single-family detached traditional building lot at the time of building permit issuance for each residential lot. E.) Generalized Development Plan The applicant hereby proffers to provide for a Generalized Development Plan depicting the layout of all residential lots and the location of all road efficiency buffer and open space areas associated with the 4.017 -acre site. The Generalized Development Plan shall serve as the guide for the Subdivision Design Plan for this acreage. File #3719/EAW Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning F.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: 3WfT, tG '6AU0 SWEJ, LLC. Date Commonwealth of Virginia, Cit County f _Sred eyqci✓ To Wit: The foregoing instrument was acknowledged before me this Z-Aay of Aua 2003 by _ B ryice & 1&yl e nim be r• 6 wcz L'L'CG Notary Public My Commission Expires Febn4g 2-cl200 {— (c?G5 Corvt�vli�5ibr�ec Cz i4ol-ar� pL)(01ic a5 I7br1nc„ (.. S+ep its File #3719/EAW "�? o m 9 �(� W N V =152� ,0 158 Z 9m mN 8 161 160 159 157 156 QWW s a� cc 7 ¢ e � =a f 117 Canyon Road 6 5 do s �d �; N 0 n o 10 118 116 115 114 113 112 111 110 109 108107 0 5 119 TM: 65-((A))-48 TM: 65-((A))' 7 4 � , �Ik m 120 121 C7 Dell Court z¢ F / I oa 46 45 a ai¢ 2 124 122 44 z cam Q a I 0 O w W L i 123 co A n L 80 FOOT ROA EFFICIENCY BUFFER ri N J a O w z z Senaney Road W E- m °D COMMON AREA FIVE 46 19 20 21 0 61 62 63 DATE: JULY 2003 18 Rt. 1 s",L : 1" = 100' 100 0 100 200 DESIGNED BY: CEM ADB NO 3719 IMPACT STATEMENT SWEJ, LLC. REZONING Red Bud District Frederick County, Virginia TM 65-((A))-47 & 65-((A))-48 4.017 Acres June 17, 2003 Current Owners: SWEJ, LLC. Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning SWEJ, LLC. REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of two parcels owned by SWEJ, LLC, Totaling 4.017 acres. The subject parcels are located on the north side of Senseny Road (Route 657), immediately south and east of the Senseny Glen Subdivi4on. The current zoning is RA, Rural Areas District. SWEJ, LLC. proposes to rezone the 4.017 acres to RP, Residential Performance District. Please see the attached SEWJ, LLC. Location Map. Basic information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN North side of Route 657 adjacent to Senseny Glen Red Bud 65-((A))-47 & 65-((A))-48 RA District Unimproved Parcels Single -Family atached Traditional Homes RP District 4.017 acres The proposed site is being developed in conformance with the Comprehensive Policy Plan. The Comprehensive Policy Plan states that suburban residential development will occur within the Urban Development Area. Senseny Road is designated as a major collector road and has been a developing suburban residential corridor since the inception of the UDA. 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. 2 Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning A. SUITABILITY OF THE SITE Access The subject site, tax parcels 65-((A))-47 and 65-((A))-48, has approximately 360 feet of frontage along Senseny Road. Senseny Road is identified as a major collector road; therefore, individual lot access is not permitted. Dell Court was constructed during the development of the Senseny Glen Subdivision and is located on parcel 65-((A))-48, enabling access to residential lots that will be established on the subject site. Flood Plains The subject site is located on the FEMA NFIP map #510063-0120-B. The site is located as "Zone C", area outside the 100 -year flood plain. Wetlands The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 37, and contains two soil types.- 913-Clearbrook ypes: 9B-Clearbrook Channery Silt Loam 2-7 %, covers 80% of this site 41C-Weikert Berks Channery Silt Loam 7-15% covers 20% of this site B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RP District Residential (Senseny Glen Subdivision) South: Zoned RP District Residential (Glenmont Village Subdivision) East: Zoned RA District Residential West: Zoned RP District Residential (Senseny Glen Subdivision) 3 Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning C. TRANSPORTATION The subject site is proffered to contain five single-family detached traditional residential lots that are a minimum of 15,000 square feet. The Institute of Transportation Engineens (ITE) Trip Generation Manual, 6th Edition identifies an average daily traffic rate of 9.57 vehicle trips for single-family detached housing. Therefore, the proffered number of residential units will provide an average of 48 vehicle trips per day. The 2002 Virginia Department of Transportation Daily Traffic Volumes identifies 5,200 average daily vehicle trips on this segment of Senseny Road. The proffered number of residential units will increase the total amount of daily traffic volume on Senseny Road by less than 1% of the 2002 volume. The impacts to transportation associated with the 4.017 -acre rezoning are negligible. D. SEWAGE CONVEYANCE AND WATER SUPPLY The subject site is proffered to contain five single-family detached traditional residential lots that will be served by public water and sewer. A projected water demand of 250 gpd is reasonable for single-family detached housing. Therefore, the projected average daily water demand for the 4.017 -acre rezoning is 1,250 gpd. The Frederick County Sanitation Authority (FCSA) is currently providing between 3-4 mad of potable water to Frederick County. The additional demand of 1,250 gpd can be easily provided without impacting the overall water sources that are utilized by the FCSA. Sewage conveyance from the 4.017 -acre rezoning will be directed to the Opequon Water Reclamation Facility on Berryville Pike (U.S. Route 7). The Opequon Water Reclamation Facility has a hydraulic capacity of 8.4 mad. There is adequate capacity at this facility to accommodate the sewage conveyance produced by the subject site. F. DRAINAGE The 4.017 -acre site drains to the east towards the Opequon Creek. A portion of Dell Court is constructed on parcel 65-((A))-48; therefore storm water flows are directed along both sides on the road to a natural drainage swale that is located on both parcels. Site grading for the proffered five single-family detached traditional residential lots will be designed to ensure positive drainage. An on-site storm water management facility will be constructed within the proffered open space area if necessary to accommodate post - development storm water flows. 2 Greenway Engineering June 17, 2003 SWEJ, LLC. Rezoning G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual household impact to landfill volume of 5.4 cubic yards per household. Therefore, the projected annual impact to the Municipal Solid Waste portion of the Regional Landfill is 27 cubic yards for the 4.017 -acre site. The Municipal Solid Waste Landfill has a current capacity of 7,800,000 cubic yards, which can easily accommodate the additional solid waste generated by this project. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify potentially significant structures or sites on the 4.017 -acre site or within proximity of the subject site. The Comprehensive Policy Plan does not identify significant historic features along this segment of Senseny Road. I. OTHER IMPACTS The impacts to community facilities and services has been adequately mitigated through the provision of a monetary contribution to Frederick County that is consistent with the County's Fiscal Impact Model. W? REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: 540-662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: SWEJ, LLC. Telephone: Address: 3. Contact person if other than above Name: Evan Wyatt Telephone: 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement X X X X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: SWEJ, LLC. 6. A) Current Use of the Property: B) Proposed Use of the Property: Traditional Housing 7. Adjoining Property: Unimproved Single-family Detached PARCEL ID NUMBER USE ZONING 65-(A)-46 Residential RA District Senseny Glen Subdivision Residential RP District Glenmont Village Subdivi s on Residential RP District 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 4.017 -acre site is located on the north side of SenseW Road and adjoins the Senseny Glen Subdivisionto the north and west Access to the subject site will occur off of Dell Court. Information to be Submitted for Capital Facilities Impact Model In order for the Plannirg Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics ofthe proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: Fire Service: Rescue Service 10. 11. Red Bud Greenwood Greenwood Districts High School: Middle School: Elementary School Millbrook James Wood Senseny Road Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 4.017 RA District RP District 4.017 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family hares: 5 Townhome: Multi -Family Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s): U Date: Date: Owner (s): 541155- LLC A Date: 0-,P-03 Date: D3 i u& ec Prox u� SWEJ, LLC REZONING Adjoining Property Owners Name Address Parcel ID # Use Zoning 65F-1-1-123 Residential RP Bruce & Lee Anne Boyle 102 Dell Ct, Winchester 65F-3-3-122Residential RP `J Lanny & Linda Tinsman 103 Dell Ct, Winchester 65F-3-3-121Residential RP t/ Aaron & Deborah Mongold 110 Senseny Glen Dr, Winchester 6581-1-118Residential RP's Lawrence & Joyce Finisecy 202 Canyon Rd, Winchester 65F-2-2-116 Residential RP_* Lyle & Clara Jenkins 657 Bowling Green Rd Front Royal 65F-2-2-115 Residential RP/ Rhett & Kathleen Butler 206 Canyon Rd, Winchester 65F-2-2-114 Residential RP Paula Walker -Beard 208 Canyon Rd, Winchester 65F-2-2-113 Residential RP ✓ Juanita Wines 210 Canyon Rd, Winchester 65F-2-2-112 Residential RP Richard Haines Raleigh & Martha Easter 205 Glenridge Dr, Winchester 65D-4-5-63 Residential RP Donald Nesselrodt 110 Bedford Dr, Winchester 65D-4-5-64 Residential RP's *Senseny Road Rentals 2400 Valley Ave #8, Winchester 65-A-46 Residential RA vi ([dtj P.0.6ox ad --1 vso-q-S'b5A'� . ksoo l S - o w to x=14- i �ti�,-,�- SWEJ, LLC. REZONING - LOCATION MAP ff1812 VIRGINIA PEARL DEHAVEN, ET VIR TO: RONALD EDWARD DEHAVEN BOOK 379 r` ,i 5.39 THIS DEED made and dated this 27th day of July, 1971, by and between li Virginia Pearl DeHaven and Elmer E. DeHaven, her husband, parties of the first iI part, and Ronald Edward DeHaven � , party of the second part. �I WITNESSETH: That for and in consideration of the sum of One Dollar I 1, ($1.00) cash in hand paid, and other consideration deemed valuable at law, t �+ the receipt of all of which is hereby acknowledged, the parties of the first i part do hereby grant, sell, and convey, with general warranty of title, unto I the party of the second part, who is their grandson by birth, and their son by adoption, a certain lot or parcel of land containing 2.009 acre's, more or less, lying and being situate along the Northern aide of Virginia State highway No. 657, about 3 miles East of Winchester, in Shawnee District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land referred to, and described in, that certain deed from x]nily*, Jane Seal, et al, to said Virginia Pearl DeHaven, bearing date of October 26, i 1970, and of record in the Clerk's Office of the Circuit Court of Frederick j County,. Virginia, in Deed Book No. 372, page 256. A plat and metes anti bounds description of the within conveyed land made by Richard U. Goode, Surveyor, is attached to, and by this reference incorporated in, this deed. It is expressly stipulated that this conveyance is made subject to' all applicable, or legally enforceable, easements, if any, of record; affect- ing same. The aforesaid grantors covenant that they have, the right to convey the said land to the aforesaid grantee; that the said grantee shall have. quiet possession of the said land, free from all encumbrance`s; that they have done no act to encumber the said land; and that they will execute such further assurances of the said land as may be requisite. Witness the following signatures and seals. II �I I; State of Virginia I� �jCounty of Frederick, to -wit: - II aD C�!/iur� (Seal) (Seal) Boor X37-9 ensf 540 0 a Notary Public in and for 'the County of Frederick, in the State of Virginia, do hereby certify that Virginia Pearl DeHaven and Elmer E. DeHaven, her husband, whose names are signed to _ the foregoing writing bearing date of July 27th, 1971, have personally appeared before me, in my county aforesaid, and acknowledged the same. Given under my hand this 1� day, of 5[ 4 , 1971. My commission expires 6 7 16bLary public { a 541 i. - BOCK 379 +�� 541 MAGNETICS 1971 s 100' 59' 0 100' SCALE IN FEET ` DE HAVEN'S OTHER. LAND ( ` 3 666.16'08"E 200.00' 4. f ; J O J Lr m PORTION OF LANDLI o ' OF w O DE HAVEN IV) p ` to w 2.009 ACRES !r Eli 'I Ulf Q - yF t _ `_S f N WLi Z o i t C4 O • �: , , • .. to j. 5 ' 2 11200.01' TOTNE LAND N66'16808"W 200.00 OF PATTON 6 ESKRIDGE • ' .1 ROAD NO. 657 \ (.:'.., 1* The above tract of land, located on the North side of Road No. 657; ` .~ 'about 3-1 miles East of Winchester, and situate in Shawnee Magisterial' District, Frederick County, Virginia, is bounded as follows: r_ Beginning at (1) an iron peg on the North side of Road No.v `j• ; said point being 1200.01 feet West of the West lira of the 'land,. ��.:. of Patton & Eskridge; thence with the North side. of Road No. 657 N 66 deg. 16 min. 0$ sec. W 200.00 feet to (2) an iron peg; thonce •. • , ,.f__sdth 3new division lines through the land of Mrs. De Haven , I•.;..:. N 23 deg. 43 min. 52 sec. E 437.60 feet to (3) an iron peg; thence .. S 66 deg. r ,] 16 min. 0$ sec. E 200.00 feet to (4) an iron , pe g;• thence "•: � • _ _ .: S 23 deg. 43 min. 52 sec. W 437.60 feet to the point of beginning, }''.•:` containing 2.009 Acres more or less. ' ;• ,• .: .. ; Richard U. Goode, NLT.1 pr , _ Certified Surveyor, bfp� o� June $, 1971. 1 ' o f _ r:.'� ,', . •, U RICHARD ,1RICK COUNTY SCT. rf . NO. QjQ Th. nstlr\ nt o riling was produced to me on the,•„Y'L• day of _ (�f► - and with certificate at of acknowledgment thereto anne _was adrfiitied : • �- .. to .card. ' I�: �� `9ND Sl)RVEClerV- 541 St Co #1811 VIRGINIA PEARL DEHAVEN, ET VIII + T0: JUDY LYNN WHIPP aoox 379 PACE 536 THIS DEED made and dated this 27th day of July, 1971, by and between Virginia Pearl DeHaven and Elmer E. DeHaven, her husband, parties of the first part,. and Judy Lynn Whipp, party of the second part. WITNESSETH: That for and in consideration of the sum of One Dollar ($1.00) cash in hand paid, and other consideration deemed valuable at law, the receipt of all of which Is hereby acknowledged, the parties of the first part do hereby grant, sell, and convey, with general warranty of title, unto the party of the second part, who is their granddaughter, a certain lot or I parcel of land containing 2.008 acres, more or less, lying and being situate along the Northern side of Virginia State Highway No. 657, about 31, miles East of Winchester, in Shawnee District, Frederick County, Virginia, and being a portion of that certain larger tract or parcel of land referred to, and described in, that certain deed from Emily Jane Seal, et al, to said Virgigi, Pearl DeHaven, bearing date of October 26, 1970, and of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Hoak No. 372, page 256. A plat and metes and bounds description of the within conveyed land made by Richard U. Goode, Surveyor, is attached to, and by this reference incorporated in, this deed. It is expressly stipulated that this conveyance is made subject to all applicable, or legally enforceable, easements, if any, of record affect- ing same. The aforesaid grantors covenant that they have the right to convey the said land to the aforesaid grantee; that the said grantee shall have (uiet possession of the said land, free from all encumbrances; that they have one no act to encumber the said land; and that they will execute such further ssuranceS of the said land as may be requisite. - Witness the following signatures and seals. - ate of Virginia inty of Frederick, to -wit: Seal) (Seal) 4,5 (M)) 47 3 79153, II II ^ it u �I grcY 379 ;,-i 537 1, eat—e', a Notary Public in and for ,the ICounty of Fredericka, in the State of Virginia, do hereby certify that Virginia i I Pearl DeHaven and Elmer E. DeHaven, her husband, whose names are signed to the foregoing writing bearing date of July 271h, 1971, have personally appeared j i before me, in my county aforesaid, and acknowledged the same. Given under my hand Chis day of 1971. , My commission expires I I Notary Public I 3 7 9�5 37 r) THIS DEED, made this .X day of 4%fau.104 , 2003, by and between FRED L. GLAIZE, III, and ,JASBO, INC., A Virginia Corporation, of the first part, hereinafter called the Grantors; and SWEJ. LLC, A Virginla Limited Liability Company, of the other part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges and appurtenances and improvements thereto belonging, all of the following parcels of land: PARCEL ONE: All that certain lot, containin 2.009 Acres, ore or less, fronting on the North side of Route No. 657 (known as Senseny Road), about three miles East of Winchester in Shawnee Magisterial District of Frederick County, Virginia, being more particularly described by plat attached to a deed recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia In Deed Book 379 at Page 539; and being a portion of the same land which was 4 conveyed to the Grantors herein by deed from Mary Virginia Whipp and Amos Ted Whipp, her husband, dated August 6, 1990 and recorded in the aforesaid Clerk's Office in Deed Book 748 at Page 1627. TAX MAP PARCEL b,S-A - 47 PARCEL TWO: A Certain lot or parcel of land containin .008 acre more 0 � Q or less, lying and being situate along the Northern side of Virginia State Highway 3r4No. 657, about 3 'h miles East of Winchester, In Shawnee District, Frederick l � o County, Virginia, and being a portion of that certain larger tract or parcel of land Y referred to, and described In that certain deed from Emily Jane Seal, at al, to Virginia Pearl DeHaven, dated October 26, 1970, of record in the aforesaid Clerk's Office in Deed Book 372 at Page 256 and as more particularly described by that plat and metes and bounds description made by Richard U. Goode, Surveyor, dated June 8, 1971 which is attached to that certain deeds recorded in Deed IRISON & JOHNSTON MORNEYS AT UW INCHESTER. VIRGINIA los- A -'/7 D'�mr>c,r X19 RRISON d JOHNSTON A17ORNEYS AT UW AHGHESTER, VIRGINIA Book 379 at Page 536; and being the same property which was conveyed to the Grantors em by deed from Judy Lynn Whipp, single, dated July 14, 1993 and recorded in the aforesaid Clerk's Office in Deed Book 800 at Page 905. (TAX MAP PARCEL (-,V- 14 - ?8' ) Reference is hereby made to the aforesaid instruments, and to the references therein contained, for a further and more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signatures and seals: r� (SEAL) Fred alze, III JASBO, INC., A Virginia Corporation By: Al 41, 4U&9ul�u,(SEAL) ever ey oema cer,resskc ent STATE OF VIRGINIA, AT LARGE, CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of Fe-6ro, 2003, by Fred . Glikize, III. My mm sslon expires 31 Nblary Public STATE OF VIRGINIA, /AT LARGE, CITY/GebWTY` OF W'"s To -wit: The foregoing instrument was acknowledged before me this 1 day of , 2003, by Beverley B. Shoemaker, as President o-Jasbo, Inc., a irginiaorporation, on behal of id Corporation. My commission expires otary Public VIRGINIA- FREDERICK COUNT -y, SCT. Tldii 60"01t of "1 9 wo PwdwW to ate on �'1 c4, ►1,ao(i3 at `x'3 7 P /0 - and v*h certificate of acknowledgement thereto annexed was admitted to aecord. T imposed by Scc: 58.1-802 sa aad 58.1-801 have been paid, if assessable �4 ' Clerk C: • • REZONING APPLICATION #09-03 SHENANDOAH MOBILE COURTS, INC. Staff Report for the Planning Commission Meeting Prepared: September 2, 2003 Staff Contact: Abbe S. Kennedy, Senior Planner This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. As this application proceeds through the legislative review process, the methods) of resolution for each issue proposed by the applicants) and/or recommended by the Planning Commission or Board of Supervisors will be stated in the text of this report. Reviewed Action Planning Commission: 09/17/03 Pending Board of Supervisors: 10/08/03 Pending PROPOSAL: To rezone 7.08 acres from RA (Rural Areas) District to MH -1 (Mobile Home Community) District. LOCATION: The property is located on the east side of Front Royal Pike (Route 522 South), 1,000 feet south of the intersection of Route 522 South and Papermill Road (Route 644). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-1 PROPERTY ZONING & PRESENT USE: The subject 7.08 acres is zoned RA (Rural Area) District, and is presently unimproved. ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) South: RA (Rural Areas) East: RA (Rural Areas) Use: Residential Use: Religious Use: Agriculture West: MH -1 (Mobile Home Community) Use: Mobile Home Park REZ 909-03, Shenandoah Mobile Courts, Inc. Page 2 September 1 , 2003 PROPOSED USE: Expansion of existing mobile home park to accommodate 15 units being displaced by access road and buffer. REVIEW EVALUATIONS: Virginia Dept. of Transportation: Please see attached letter dated 07/18/03 from Lloyd Ingram, Transportation Engineer. Fire Marshal: Does not appear to have significant fire and rescue impact. Municipal water services may need to be extended for fire protection. Frederick -Winchester Service Authority: The application indicates that no units are proposed and that no additional water or sewer services are required. It would just seem that if the property is being requested to be rezoned so that mobile house units are an acceptable use, then should additional units and services be anticipated? The rezoning request would have no impact that would make the request objectionable. County Engineer: The revised impact analysis has adequately addressed our comments dated August 19, 2003. Please see attached letter from Harvey E. Strawsnyder, Jr., P.E., Director of Public Works dated 8119103. Sanitation Authority: No comment. Historic Resources Advisory Board: Please see attached letter from Rebecca Ragsdale, Planner I, dated 6/16103. County Attorney: Proffers appear to be in proper form. Winchester Regional Airport: Please see attached letter from S. R. Manuel, Executive Director, dated 06/10/03. Planning & Zoning: 1) Site History The original identifies Frederick County zoning map (U.S.G.S. Stephen's City Quadrangle) parcel 76-A-1 as being zoned MH -1 and consisting of 7.1241 acres. A mobile home park existed on this parcel prior to the implementation of zoning in Frederick County. The original parcel 76- A -I is presently zoned MH -l. In May of 2003, 7.08 acres was added to this parcel by boundary line adjustment on survey of record dated May 1, 2003, from parent tract 76-5-A (Russell Farm). The adjusted total of REZ #09-03, Shenandoah Mobile Courts, Inc. Page 3 September 1 , 2003 Shenandoah Mobile Courts is now 14.2 acres. The additional 7.08 acres, which is the subject of this rezoning request, is currently zoned RA (Rural Areas). The subject 7.08 acres was zoned A-2 prior to the adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. This amendment resulted in re -mapping of the subject parcel and all A-1 and A-2 lands to form the RA District. Recent Site History On February 12, 2003, the Board of Supervisor's approved a request to incorporate the subject 7.08 acre tract into the UDA and SWSA. This expansion resulted from the applicant's work with the Frederick County School Board to locate a site for a new middle school. In December of 2002, the Frederick County School Board sought to purchase a 30 -acre portion of the parent tract (Russell Farm); P.I.N. 76-5-A for eventual use as the County's fourth middle school site. The South Frederick Land Use Plan shows that the primary access to the parent tract (Russell Farm), including the proposed school site, is planned to occur via a major collector road. The applicant noted that this road would be constructed through the southern portion of the existing Shenandoah Mobile Court. During the meetings concerning the UDA and SWSA expansion requests, the owner of the mobile home park noted that the road right of way, and road efficiency buffer required to screen the mobile home park, would displace 15 mobile home units. The intent of the UDA and SWSA expansion was therefore to facilitate a rezoning necessary to relocate the 15 units to the expanded portion of the mobile home park. This rezoning application has been submitted to obtain the MH - 1 zoning necessary to accommodate the displaced units. 2) Location The property is located on the east side of Front Royal Pike (Route 522 South), 1,000 feet south of the intersection of Route 522 South and Papermill Road (Route 644). The subject 7.08 acre portion lies east, and adjacent to the existing Shenandoah Mobile Courts. 3) Comprehensive Polices Land Use Plan The subject property is included in the South Frederick Land Use Plan, and is generally identified for future industrial land use. The 7.08 acres subject to this application, is wholly within the UDA. Transportation The South Frederick Land Use Plan and the Winchester Area Transportation Study (WATS) identify the planned location of a major collector road, extending from the intersection of Route 522 and Papermill Road, and traveling east towards Airport Road. This rezoning request is a result of the pending construction of this major collector road. As noted above, this major collector road REZ #09-03, Shenandoah Mobile Courts, Inc. Page 4 September 1 , 2003 is to be built across the southern portion of the existing mobile home park to provide access through the school site and the remainder of the Russell farm tract. This rezoning request will accommodate all of the mobile home units displaced by this planned roadway. 4) Site Suitability No flood plains, wetlands, mature woodlands, or steep slopes have been identified on the site. There are no noted soil or bedrock conditions identified that would either preclude or impede development. The soil types 913 -Clearbrook Channery Silt Loam, and 113 -Berks Channery Silt Loam, are well suited for cultivated crops. These two soil types comprise 96% of the site. The remaining 4% of the site is noted as 41 C-Weikert-Berks Channery Silt Loam, which is poorly suited for cultivated crops. 5) Intended Use The intended use of the property is as a mobile home park. The applicant has proffered that the subject mobile home community shall not exceed a maximum density of 57 units for the entire tax map parcel 76-A-1, which is 14.21 acres. Planning Staff Comment: In a letter to the applicant, dated June 26, 2003, staff requested that the applicant specify that 15 units are planned on the subject property, which reflects the number of units displaced by the planned major collector road and road efficiency buffer. The submitted application indicates the number of units proposed as zero; therefore, the net result of the rezoning will not increase the number of units on the property. It is noted that this rezoning petition has been filed expressly to enable the 15 displaced units to locate on the subject property. Thus, although no change in overall units is proposed, the subject parcel is proposed to contain 15 units. (Please see attached letter to Mark D. Smith, P.E., L.S, from Abbe S. Kennedy, Senior Planner, dated 06/26/03.) 6) Potential Impacts a) Transportation VDOT comment states that the proposed rezoning appears to have no measurable impact on Route 522, which is the sole roadway by which access to the referenced property will be achieved. Planning Staff Comment: The intended use to relocate 15 displaced mobile home units on the subject 7.08 acre portion of parcel 76-A-1 will not have any measurable impact on Route 522. The southern entrance to the property from Route 522 should be removed. The mobile home park should only have 1 entrance to access the major collector road. b) Historic Resources There are no significant structures located on the property nor are there any possible historic REZ #09-03, Shenandoah Mobile Courts, Inc. Page 5 September 1 , 2003 districts in the vicinity. The NPS Study of Civil War Sites in the Shenandoah Valley does not identify any battlefields in the vicinity that would be impacted by this proposed rezoning. C) Water & Sewer An upgrade of the gravity sewer system and the elimination of the Shenandoah Mobile Court sewer pump station are proposed with the trailer relocations. "No Comment" was received by the FCSA. d) Drainage Stormwater management will be controlled by a dry pond to be constructed in the ravine directly below the subject property. 7) Proffer Statement The applicant has proffered that the subject mobile home community shall not exceed the maximum density of 57 units for the entire tax map parcel 76-A-1, which is comprised of 14.21 acres. Planning Sta f Comment: Staff would note that this rezoning request is limited to the 7.08 acre portion of the entire 14.21 acre parcel. The prior UDA expansion request for this site was based on the intent to expand the mobile home park to accommodate 15 mobile home units displaced due to the construction of a major collector road and extending to the middle school site. STAFF CONCLUSIONS FOR THE 09/17/03 PLANNING COMMISSION MEETING: This rezoning request is a result of the pending construction of the planned major collector road that will cross the Shenandoah Mobile Court, and result in the displacement of 15 units. The location of the road requires an expanded area of the mobile home park to relocate the displaced mobile home units. Staff would note that this rezoning application does not include a generalized development plan, or any language within the submitted application to clarify the elements of this rezoning request. This item is scheduled as a public hearing, a recommendation to the Board of Supervisors is appropriate. O:\Agendas\COMMENTS\REZONING\Staff Report\2003\NewShenandoah Mobile Courts.wpd Rezoning Comments .:� :r 1.i;h%lj;; :-: �!!! :%:%i!?F+: frJ./f%f/.•i%lFr l:r.!! ri.%/:{r://J..i!il: J! %:J.•% it%•': - !!%%i.�r r .d• Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, VA 22603 (540)-53501828 Applicant's Name: Greenway Engineerins Telephone: 540-662-4185 Mailing Address: 151 Windy ill Lane Winchester, VA 22602 Location of property: Property is located on the east side of US Route 522 South Front Royal Pike). 1000' south of the intersection of US Route 522 South and Papermill Road (Route 644.) Current zoning: RA Zoning requested: MH -1 Acreage: 7.08 acres Virginia Department of Transportation Comments: e VDOT Signature &Date: Notice to VDOT — Please Return This Form to the Applicant 3OOPies COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 July 18, 2003 VDOT Comments to Shenandoah Mobile Courts Rezoning JERRY A COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX(540)984-5607 The documentation within the application to rezone this property appears to have no measurable impact on Route 522. Route is the VDOT roadway which has been considered as the access to the property referenced. 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 Manuals, 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. Lloyd A. IngraUf" Transportation Engineer LAI/rf Attachment VirginiaDOT.org WE KEEP VIRGINIA MOVING Rezoning Comments - isf'l.?i:?.l.;i!'%«!t^:i>>:!?!:j: N>:. i.:.�!�.i:4;::f:!!:J.l:!%%%:.. �:F.lrr.:::: r:rw:r•vr: -� :i'J.�. 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Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: Property is located on the east side of US Route 522 South (Front Royal Pike), 1000' south of the intersection of US Route 522 South and Papermill Road (Route 644) Current zoning: RA Zoning requested: MH -1 Acreage: 7.08 Acres Department of Public Work's Comments: `_ ^, ytQS � CL -CW LQI LC�' S 3 Public Works Signature & Date: Z� 3 Notice to Dept. of Public Works — ease Return This Form to the Applicant 2.903 ------------------------ '! LI E August 19, 2003 Ms. Candice Mills Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, Virginia 22602 RE: Shenandoah Mobile Courts , Inc. Rezoning Frederick County, Virginia Dear Candice: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of the proposed Shenandoah Mobile Courts, Inc. rezoning request and offer the following cominents: 1) Under the Impact Statement, the introduction indicates that the proposed rezoning of 7.08 acres of RA land to MH -1 will result in an adjusted total of 14.2 acres of MH -1. The discussion should be expanded to indicate that this request is being made to offset that portion of the existing MH -1 land (7.12 acres) which will be used to accommodate the construction of an access road for the new middle school. 2) The drainage discussion should be expanded to indicate how the increase in stormwater will be managed. Please provide this office with a revised copy of the impact statement. Sincerely, Harvey . Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Patrick Davenport, Frederick County Planning and Development file C:\Corel\IN'ord Perfect\Rhonda\sh enmobilectrezcom.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 � y 3': S3" `0 NAA C June 16, 2003 Mr. Mark D. Smith, F.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 t COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RF: Request for Historic Resources Advisory Board (HRAB) Comments Shenandoah Mobile Courts Rezoning Dear Mark: 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 your impact analysis statement, according to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil ' 'ar Sites in the Shenandoah Valley does not identify any battlefields that this proposed Rezoning would impact. Thank you for the chance to comment on this application. Please call if _you have any questions or concerns. Sincerely, /,4 Rebecca Ragsdale Planner I RAR/kac 77 U:',COMMITTEES'.HEABICommentsL0031ShenMobi]eCts.wpd 107 North Kent Street Winchester, Virginia 22601-5000 '; F s '*I� Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 4 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant's Name: Greenway Engineering Telephone: 540-662-4185 Mailing Address: 151 Windv Hill Lane Winchester, VA 22602 Location of property: Property is located on the east side of US Route 522 South (Front Royal Pike), 1000' south of the intersection of US Route 522 South and Papermill Road (Route 644) Current zoning: RA Zoning requested: MH -1 Acreage: 7.08 acres Winchester Regional Airport's Comments: Lztla Winchester Regional Airport's Signature & Date: Notice to Winchester Regional Airport — Please Return This Form to the Applicant JTKE WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 June 10, 2003 Mark Smith Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comment Shenandoah Mobile Courts Rezoning Shawnee Magisterial District Dear Mr. Smith: The proposed rezoning request for boundary line adjustment 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. Sincerely, S. R. Manuel Executive Director e ar � rs, r •t`�z� ��4isxf1�3 F 'r'�P�r�� i cf:,Y�9 rnX �r " ai' r 1 J T? Frl� t 4 ih 522 � I 7� 3: M1x"r t t fY. F F tdt w `,x r REZONING # 09 - 03 0 A ` Shenandoah Mobile Courts, Inc. PIN: 76 - A -1 ■ ■■■■■0 IN ■■■■■■ Hill ■■■■■■■■■■ ■� ■1■■■ SHENANDOAH MOBILE COURTS, INC. REZONING Tax Parcel 76-((A))-1 Shawnee Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # O q- 0.3 for the rezoning of approximately 7.08 acres from the Rural Area (RA) zoning district to Mobile Home Community (MH -1) zoning district. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Shenandoah Mobile Courts, Inc, being all of Tax Map Parcel 76-((A))-1 with a total area of 14.21 acres. For the purpose of this Proffer Statement, the Proffers below shall be binding upon the entire tax map parcel 76-((A))-1, 14.21 acres. A.) Maximum Density The subject mobile home community shall not exceed the maximum density of 57 units for the entire tax map parcel 76-((A))-1, 14.21 acres. C.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitt Shenandoah Mobile Courts, Inc — President Commonwealth of Virginia, City oun f rvije-H'i cam- To Wit: The foregoing instrument was acknowledged before me this4A1 day of Joned 2003 by 1)Dresi&oyhp-C4 k N[,- 6 Le, C20 Notary Public My Commission Expires IMPACT STATEMENT LAND OF SHENANDOAH MOBILE COURTS, INC. REZONING APPLICATION JUNE 59 2003 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering June 5, 2003 Shenandoah Mobile Court, Inc. Rezoning SHENANDOAH MOBILE COURTS, INC. INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 7.08 -acre parcel owned by Shenandoah Mobile Courts, Inc. The subject site, tax parcel 76-((A))-1 by Boundary Line Adjustment making Shenandoah Mobile Courts, Inc tax map parcel adjusted total of 14.2 acres (see attached exhibit). The current zoning of Shenandoah Mobile Courts is as follows: Original parcel 7.12 acres — existing zoning MH -1 Added parcel 7.08 acres — existing zoning RA 14.20 acres — new Boundary Line Adjustment area COMPREHENSIVE PLAN The site being proposed is in conformance with the Comprehensive Plan. URBAN DEVELOPMENT AREA The site is located within the Urban Development Area. SEWER WATER SERVICE AREA The site is located within the Sewer Water Service Area. SITE SUITABILITY Access The subject property has direct existing access onto US Route 522. Flood Plains The subject site is located on FEMA NFIP map #510063 0200B. The subject site is not located within a flood plain. Wetlands No wetlands are located on subject property. Mature Woodlands There are no mature woodlands on subject property. Greenway Engineering June 5, 2003 Shenandoah Mobile Court, Inc. Rezoning Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick Count, by the USDS Soil Conservation Service. The subject site is located on map sheet no. 42 and contains 3 different soil types: 913 -Clearbrook Channery Silt Loam 11.07 acres, 78.0% 113 -Berks Channery Silt Loam 2.60 acres, 18.0% 41C-Weikert-Berks Channery Silt Loam 0.53 acre, 4.0% Steep Slopes - 15% and Greater No steep slopes on subject property. Mature Woodlands There are no mature woodlands present on subject property Prime Agricultural Soils Soil type 9B is moderately well suited for cultivated crops. Soil type 1B is fairly well suited for cultivated crops. Soil type 41C is poorly suited for cultivated crops. (See attached soils exhibit) Construction Concerns There are no soil or bedrock conditions apparent that would create construction difficulties. SURROUNDING PROPERTIES • US Route 522 borders the west side of subject property. • The following residential (RA) properties adjoin subject property: 1. Wakeman Manor Land Trust (tax map 64-((A))-29) is located on the north side of subject property. 2. Wakeman Manor Land Trust (tax map 64-((A))-30) is located on the northwest side of subject property. 3. Margaret C. Willis, et al Property (tax map 64-((A))-32) is located on the northwest side of subject property. 4. James P. Burgholzer and Mary L. Taylor Property (tax map 64-((A))-33) is located on the northwest side of subject property. 5. Russell/Smith Property (tax map 76-((5))-A) is located on the east side of subject property. Jubilee Christian Church (tax map 76-((A))-2) is located on the south side of the subject property and is zoned RA (Religious). Greenway Engineering June 5, 2003 Shenandoah Mobile Court, Inc. Rezoning • Russell Property (tax map 64-((A))-37) is located on the north side of subject property and is zoned RA (Agriculture) TRAFFIC IMPACT No additional traffic proposed. WATER SUPPLY No additional water service required. SEWAGE CONVEYANCE AND TREATMENT No additional sewer service required. An upgrade of the gravity sewer system and the elimination of the Shenandoah Mobile Court sewer pump station are proposed with the trailer relocations. DRAINAGE The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Q=CIA Existing Proposed C = 0.3 C = 0.5 Iio = 6.8 in/h Iio = 6.8 in/h A= 7.0 A= 7.0 Qio = 14.3 cfs Qio = 23.8 cfs Reference-VDOT Drainage Manual Storm water management will be controlled by a dry pond to be constructed in the ravine directly below the subject property. SOLID WASTE DISPOSAL No additional impact required. HISTORIC SITES AND STRUCTURES No historic sites/structures are located on subject property. COMMUNITY FACILITIES No additional impacts required on education, police protection, fire and rescue protection, parks and recreation, and other government agencies. 3 Greenway Engineering June 5, 2003 Shenandoah Mobile Court, Inc. Rezoning OTHER IMPACTS No additional impacts are foreseen by the proffered mobile home development of the subject site. 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. 2. Applicant: Name: Greenway En ineering Telephone: 540-662-4185 Address: 151 Windy Hill Lane, Winchester, VA 22602 Property Owner (if different from above) Name: Shenandoah Mobile Courts, Inc Telephone: 540-667-3343 Address: 1405 Front Royal Pike, Winchester VA 22602 3. Contact person if other than above Name: Mark Smith Telephone: 540-662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments Plat X Fees Deed to Property X Impact Analysis Statement Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Mark D. Smith Arlene D. Smith 6. A) Current Use of the Property: Agriculture B) Proposed Use of the Property: Mobile Homes 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 76-((A))-2 Religious RA 64-((A))-29 Residential RA 64-((A))-30 Residential RA 64-((A))-32 Residential RA 64-((A))-33 Residential RA 64-((A))-37 Agriculture RA 76-((5))-A Agriculture RA 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): Property is located on the east side of US Route 522 South (Front Royal Pike), 1000' south of the intersection of US Route 522 South and Papermill Road (Route 644) Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the magnum 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 76- A -1 Magisterial: Fire Service: Rescue Service 10. 11. Shawnee Millwood Station Millwood Station Districts High School: Middle School: Elementary School: Sherando -James Wood Armel Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 7.08 RA MH -1 7.08 Total Acreage to be rezoned 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: 0 Hotel Rooms: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Av� Applicant(s): ate: ' L+ U Date: Owner (s): Date: Date: Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. NAME Wakeman Manor Land ADDRESS 300 Craig Drive PROPERTY ID# Trust Ste hens City, VA 6(A))-29, 30 22655 NAME Margaret C. Willis. et al ADDRESS 735 Red Bud Road PROPERTY ID# 64-((A))-3 Winchester, VA 22603 NAME James P. Burgholzer ADDRESS 154 Laurelwood Drive PROPERTY ID# Mary L. Taylor Winchester, VA 22602 64-((A -33 NAME Trustees of Jubilee ADDRESS 1437 Front Royal Pike PROPERTY ID# Christian Church Winchester VA 22602 76-((A -2 NAME Daryl R. Russell ADDRESS 211 Laurelwood Drive PROPERTY ID# Christopher B. Russell Winchester, VA 22602 64-((A))-3 NAME Mark D. ADDRESS 151 Windy Hill Lane PROPERTY ID# and Arlene D. Smith Winchester VA 22602 Daryl R. Russell and 211 Laurelwood Drive Christopher B. Russell Winchester, VA 22602 76- 5 -A y r•U N V - V C1 THIS DEED OF BOUNDARY LINE ADJUSTMENT made and dated this day of 64`,{ , 2003, by and between MARK D. SMITH and ARLENE D. SMITH, his wife AND DARYL R. RUSSELL AND HEIDI L. RUSSELL, Initial Co -Trustees of The Daryl and Heidi Russell Living Trust dated December 13, 2002, AND CHRISTOPHER B. RUSSELL AND JENNIFER S. RUSSELL, Initial Co -Trustees of The Christopher and Jennifer Russell Living Trust, dated December 13, 2002, parties of the first part, hereinafter called the Grantors, and PROFESSIONAL INTERMEDIARY EXCHANGE CORPORATION, a Virginia Corporation, party of the second part, hereinafter called the Grantee. NOW THEREFORE, in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors, MARK D. SMITH AND ARLENE D. SMITH do hereby grant and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, a one-third (1/3) undivided interest in the following described property, and the Grantors, DARYL R. RUSSELL AND HEIDI L. RUSSELL, Initial Co -Trustees and CHRISTOPHER B. RUSSELL AND JENNIFER S. RUSSELL, Initial Co -Trustees do hereby grant and convey with special warranty of title unto the Grantee, in fee simple absolute, a two-thirds (2/3) undivided interest in all of that certain lot or parcel of land located in Shawnee Magisterial District, Frederick County, Virginia, containing 7.0828 Acres and more particularly described on the Plat of Survey drawn by Greenway Engineering dated May 1, 2003 attached hereto and by this reference made a part hereof as if set out in full. This is a portion of the same property conveyed to Mark D. Smith and Arlene D. Smith by Deed dated November 21, 2000, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 000012271; and being a portion of the property conveyed to Daryl R. Russell and Heidi L. Russell, Co- Trustees, by Deed dated December 13, 2002, of record in the aforesaid Clerk's Office as Instrument No. 02-0022179; and being a portion of the property conveyed to Christopher B. Russell and Jennifer S. Russell, Co -Trustees, by Deed dated December 13, 2002, of record in the aforesaid Clerk's Office as Instrument No. 02-0022182. WITNESS the following signatureED. ls. (SEAL) ITH JA - " /X/(SEAL) ARLENE D. SMITH Daryl and Heidi Russell Living Trust, dated December 13, 2002 r, By _/u (SEAL) DARYL R. RUSSELL Initial Co -Trustee Byol C LC. �'.0 Qct 4) HEIDI L. RUSSELL Initial Co -Trustee 2 0 Z7 -C C The Christopher and Jennifer Russell Living Trust, dated December 13, 2002 CL44k7; (SEAL) CHRISTOPHER B. RUSSELL Initial Co -Trustee TEAL) ,1NIFf-R S. RL itial Co -Trustee STATE OF VIRGINIA CITY OFHESTER, - I • _ - yU , a Notary Public in and for the State and jurisdiction 46resaiK, do berAy certify that MARK D. SMITH and ARLENE D. SMITH, wse names are signed to the foregoing DEED OF BOUNDARY LINE ADJUSTMENT dated the 13 a - of 2003, have personally appeared before me and acknowledged the same i. s• mX State an urisdiction aforesaid. Given under my hand this day of , 2003. C A.' • My Commission expires o r NO ARY PU LIC STATE OF VIRGINIA CITY OF W C STER, T I a Notary Public in and for the State and jurisdiction a resaid, o hereby rtify that DARYL R. RUSSELL AND HEIDI L. RUSSELL, Initial Co -Trustees of The Daryl and Heidi Russell Living Trust dated December 13, 2002, whose names are signed to the foregoing DEED OF BOUNDARY LINE ADJUSTMENT dated the j3�day of , 2003, have personally appeared before me and acknowledged the same in my State and K risdiction aforesaid. Given under my hand this day of 12003. My Commission expires 4� NO ARY PU LIC \ r STATE OF VIRGINIA CITY OF WfKI STER, TO-WII ' I, a Notary Public in and for the State and jurisdiction of said, d hereby ertify that CHRISTOPHER B. RUSSELL AND JENNIFER S. RUSSELL, Initial Co -Trustees of The Christopher and Jennifer Russell Living Trust, dated December 13, 2002, whose names are signed to the foregoing DEED OF BOUNDARY LINE ADJUSTMENT dated the /day of 7 2003, have personally appeared before me and acknowledged the same in my Stateend jurisdiction aforesaid. Given under my hand this day of % 72003. My Commission expires NO Y PUB C 2 11550\A:\DEED Boundary Ln Adj .wpd 4 4'. o G Yp 11550\A:\DEED Boundary Ln Adj .wpd 4 020008514 THIS DEED OF TRUST, made this 24th day of May, 2002, between cHgNANnnA MORIT F Q1 IRTS, TN _ , party of the first part, Grantor, and e r AwsnN u,IS TEE,p T, C, 128 North Royal Avenue, Front Royal, Virginia, 22630, Trustee, party of the second part. NOW, THEREFORE, in consideration of the sum of Ten Dollars ($10."),0 cash in hand paid, and other good and valuable consideration, the receipt o of which is hereby acknowledged, the party of the fust part does hereby 5 art and convey with General Warranty and the usual English Covenants of Tit � e unto the Trustee, party of the second part, the foilow%ing described real estate, to - wit: All that certain tract or parcel of land, together with the improvements thereon and the appurtenances thereto belonging, containing 310,327 square feet or 7.1241 acres and situate on the eastern side of U.S. Highway 522 about four miles south of the city of Winchester, Virginia, known as the Shenandoah Mobile Courts, Inc. situate in the Stonewall Magisterial District of Frederick County, Virginia, and more particularly described in that certain plat and survey entitled "Land Title Survey On The Property of Shenandoah Mobile Courts, Inc. Stonewall Magisterial District, Frederick County, Virginia" dated August 12, 1999, prepared by Carl J. RInker, Jr., L.S.; AND BEING the same real estate conveyed to Shenandoah Mobile Courts, Inc. by deed from Donald M. DeWitt and Maxine DeWitt, dated May 5, 1966, in Deed Book 321 at Page 693, recorded May 10, 1966, in the Clerk's Office of the Circuit Court of Frederick County, Virginia. AND BEING the same real estate conveyed to Shenandoah Mobile Courts, Inc., by Quitclaim Deed dated March 21, 1995, from Donald M. DeWitt, and of record in the aforesaid Clerk's Office in Deed Book 835 at Page 1771. IN TRUST, NEVERTHELESS, to secure the payment of the following described obligation, to -wit: To secure to the holder of a certain deed of trust note of even date herewith, and payable to the order of Donald M. DeWitt or assigns, the principal sum of NINE HUNDRED SEVENTY-NINE THOUSAND NINETY-TWO DOLLARS and 00/100 ($979,092.00) with interest thereon (i) from the date hereof at the rate of FIVE AND ONE-HALF PERCENT (5.50%) per annum until July 9, 2012 and (ii) from July 10, 2012 until paid at a rate of equal to the 30 -year U.S. Treasury - Bond yield rate as it exists on July 10, 2012, or SEVEN AND ONE- t HALF PERCENT (7.50%) per annum, whichever is lower (the Subsequent Interest Rate"). Pr�vir�Pc�, _ h,-�w e;;f-, that notwithstanding anything to the contrary, the Subsequent Interest Rate shall be no higher than 7.50% per an;ium nor lower than 5.50% per annum. , The prinicipal sum and applicable interest shall be payable as follows: (A) one hundred twenty (120) monthly installments of SIX THOUSAND SEVEN HUNDRED THIRTY-FIVE DOLLARS ($6,735.00), and the first installment shall be due and payable on the 10'th day of July 2002, and each succeeding installment shall be due and payable on the 10th day of each succeeding month therafter until the said one hundred twenty (120) monthly installments have been made with (B) the remaining balance of principal and interest due and payable recalculated on July 10, 2012 and paid in an additional one hundred twenty (120) month!,, - installments until paid in full by July 10, 2022. Prepayment may be made without penalty. Grantor shall pay to the noteholder a late charge of FIVE PER CEI T' (5.00%) of any monthly installment not received by the noteholder within TE, (10) days after the installment is due. Provided, however, that no event of default shall occur solely as a result of such late payment until (i) receipt by Grantor or a notice of such late payment sent by Dowdd M. DeWitt, his heirs and his assigns. certified mail, return receipt requested, to Grantor's last known addresses and (ii) the lapse of ten (10) days after mailing of said notice during which Grantor have not cured the late payment. Even if cured, Grantor shall still be liable fa- the late charge set forth above. The undersigned hereby consent to foreclosure by the Trustee reamed herein in the event of a default, notwithstanding that the Trustee has supplied legal advice to and represented the undersigned in this transaction. NOW, IF DEFAULT BE MADE in the payment of the obligations herein secured, or any one of them or if the installments of principal and of interest be not paid as hereinbefore specified (in which latter event the principal obligations aforesaid, at the option of any holder thereof, may become due and the trust enforceable), then it shall become the duty of the said Trustee, upon beim requested so to do by any holder of any of the obligations herein secured, to make sale of the property herein described, at public auction in front of the 2 Frederick County Court House door in Winchester, Virginia, after advertisement of the time, terms, and place of sale (hereinafter specified) upon such terms as r the said Trustee may seem proper and out of the proceeds of sale they shall pa first the expenses incident thereto, including a commission of five (5%) per cen to the said Trustee, secondly, whatever amount may then be due on the obligations herein secured, and the residue, if any, they shall pay to the party of the first part, their heirs or assigns. IN THE EVENT that it should become necessary to make sale of the property herein conveyed, the same may be made after first advertising the time . terms and place of sale once a week for at least two successive weeks in some newspaper published, or having a general circulation in Frederick Count-,', Virginia, it being hereby agreed by the party hereto that such advertisement shall be sufficient. Said sale may be held not less than eight (8) days following the first advertisement nor more than thirty (30) days following the last advertisement. The said Trustee may, if they deem it necessary or advisable, in their sole discretion, also provide additional advertising of said sale. IT IS ALSO AGREED that after advertisement under this deed of trust, ii the party of the first part, their heirs or assigns desire to pay off the indebtedr:-s herein secured, they shall pay to the said Trustee the sum of two and one-hal-_ 1/2%) per cent of the amount of the debt herein secured as of the date of s�< payment, which shall be treated as compensation for their services as such) Trustee. THE GRANTOR COVENANT that they will take out and maintain fire and flood insurance on the buildings owned by Shenandoah Mobile Courts, inc., situated upon the property conveyed in an amount not less than the full amoun of the obligations hereby secured, the policies of which shall bear loss payable clauses to the said Trustee or to the holders of the obligations for the furthe- securing of said obligations; and that they will take out an insurance policy on the life of Mark Smith for an amount equal to the unpaid balance of principal and interest. The undersigned shall apply for, own and maintain said life insurance policy, and shall designate Donald M. DeWitt, or his heirs and assigns, as the beneficiary of said polio,-. Grantor shall have thirty (30) days after May 24, 2002, in which to secure the life insurance policy set forth above; and that they agree, as this is a Second Deed of Trust, that Grantor shall r_ot increase the amount of the First Deed of Trust held by BB&T Bank without first obtaining written approval from Donald M. DeWitt, his heirs and assigns; and that 3 they will promptly pay, when due, all taxes, levies, and assessments upon the property conveyed. In the event of the failure of the Grantor to take out and maintain said insurance or to pay said taxes, then the holder of the said obligations shall have the right to procure said insurance and pay all necessary premiums thereon and to pay all taxes, levies and assessments, and any sums to expended shall automatically be and become charges upon the propeFty conveyed and shall be considered as secured under this deed of trust; but nothing herein contained shall create any obligation upon the holders of said obligations to make any of such advancements. IN THE EVENT of the death, resignation, declination, incapacity, disability, removal or absence from the State of the Trustee, or of any substitute trustee and in any of said events, the holder of the obligations hereby secured, or a majority in amount of the holders secured hereunder, shall have the right, and is hereby authorized and empowered to appoint by an instrument in writing, dul�' executed, acknowledged, and recorded wherever this deed of trust is recorded, r:. substitute trustee or trustees, in the place and stead of the Trustee he-eir, named, or in the place and stead of any substitute trustee or trustees hereafter appointed, who shall thereupon become vested with, and succeed to, all the title, power and duties hereby conferred upon the Trustee named herein, the same as if said substitute trustee has been named original Trustee by this instrument. THIS DEED OF TRUST is given to secure a debt in accordance with th!_ provisions of Section 55-59 of the Code of Virginia, as amended, and effective or the date hereof, and as therein provided shall be construed to impose and =1C.- upon cnferupon the party hereto and the beneficiaries hereunder, the duties, rights ana obligations therein set forth. As authorized and permitted by Sections 55-59 a:c 55-60 of the Code of Virginia, as amended, the following additional provisions are herein incorporated in short form as prescribed by said sections and to be construed as therein provided: EXEMPTIONS WAIVED; SUBJECT TO ALL UPON DEFAULT; RENEWAL OR EXTENSION PERMITTED; RIGHT OF ANTICIPATION RESERVED; PRIORITY IN DIRECT ORDER OF MATURITY; AND ANY TRUSTEE MAY ACT. 4 r�ir • ii• 141111 a all : f : ► •: • r•a r alwMAIMMOZIMS 00 mom : r • :rr a � :► •s • Is :►� rr►s ■ r r Y :►■ r► Y C WITNESS the following signature and seal this the day and year I!--S-- written !-s written above. SHENA D AH M URTS, INC. BY' La PRESIDENT STATE OF VIRGINIA CITY/COUNTY OF , TO -WIT: I, the undersigned, a Notary Public in and for the State and County aforesaid, do hereby certify that MARK SMITH, as PRESIDENT OF SHENANDOAH MOBILE COURTS, INC. whose name is signed to the foregoing Deed of Trust dated the 24th day of May, 2002, has this day personally appeared and acknowledged the same before me in my State and County aforesaid. Given under my hand this 24th day of May, 2002. My commission expires: A;2 +-3/' Z)!6— VIRGINIA: FREDERICK OOUNTY, SCT. This instrument -of writing was produced tome on ala o�\ at Zi:.IQ A)k and with certificate of acknowledgement thrreto annexed was admitted to record. Tax imposed by Sea 58.1-802 of $ ., , and 58.1-801 have been paid, if assessable 4o4 A6449"v , perk i i s i ( . � 1 a , I, Y >;,, kt}3 07ija {.3ft•1°'C �{f FA.: t.r. r •� ter;: rl�t {ts �.�t� �=ti .�,r�_ olg%r )RENANDOAH MOBILE COI.IHT 1- INC, ''AX i-Ol 41 HAN'NERY ':11T [,0AM-S E VAIT All, 1 ��t LIO I -A HII,l JANE VA PAX '-411) Y42 -0511M OWNER'S CERTE THE ABOVE TEGOING BOUNDARY UNE ADJUSTMENT BETWEEN THE LANDS OF NOTES. TM 64-((A))-J3 / T, B4-((A) 37 MMX D. SM/JFI & n D. SM11H, & DARTZ R. RUSSELL AND CHRISTOPHER B. RUSSELL f. NO 777L£ REPORT FURNISHED, EASE, OTHER THAN SHOWN MAY EXIST. JAMES P. BURCHOCZfR & �'`• DAA R. R U ELL & CHRISTOPHE B" RUSSELL AS SHOWN E THIS PLAT, IS W/lfl THE FR£f CONSENT AND IN ACCOROAAVE Wl7H THE DESIRES 2. 7H£ BOUNDARY INFORMATION SHOWN HEREON IS BASED ON SURVEY OF MARY L. TAYLOR INSTRUMENT NO. 0!0012789 OF THE SIGNED OW LRS, P RS, AND TRUSTEES, !F ANY. RECORD, S££ INST. j`Of00l 7098. NO Flf10 SURVEY LADS BEEN PERFORMED OR IS IMPLIED. OB. 600 PC. 25 h 785q 05� f ZONE.• USE 001 / SAM ZONE RA USE • RESID. AREA TABULATION - Q, Too!-- 24.12) COMMON TH OF W d PORTION ADDED IM 64-((A))-32 G� 00' BRL , C77Y / OUN YCd , TO MT.' FROM TM 76-((5)-A - 7.0828 ACRES MARGARET C. WILUS, ET At THE -FOREGOING OWNERS CER17RCATE WAS ACKNOWL£DOED BEFORE ME THIS ,. •" DAY ADJUSTED 7M 76-((A))-1 - 14.2065 ACES INSTRUMENT NO. 01003945 OF-42 20Q3 BY Mat V.SMilt-1 f�j A . Mi-4h+ TM- 5 ZONE RA USE RESIO / (( ))-A - 106.0279 ACRES 5til avid �tn a LESS PORTION ADDED / TO TM-((5))-A - 70826 ACRES — -• -' — / NOTARY PUBUC ADJUSTED IM 76-((5)-A - 96.9451 ACRES MY COMMISSION EXPIRES fiE hriktru L9 - IM 64-((A))-30 , SURVEYOR'S CERTIFICATE WAKEMAN MANOR LAND TRUST OB. 776 P0. 665 ! HEREBY CERTIFY THAT THE LAND CONTAINED 1N THIS BOUNDARY t!N£.ERE ADJUSTMENT SURVEY ZONE RA USE RES/D. / 15 A PORN0N OF THE LAND CONVEYED AS FOLLOWS: (!) A 1/3 000 AND INTEREST TO MARX D. SMITH AND ARt£NE D. SMITH BY DEED DATED NOVEMBER 21, 2000 AND RECORDED IN THE OFRCE OF THE CIRCUIT COURT AS !NST. p' 000012271, AND M) THE REMAINING 2/3 UNDIVIDED 6 INTEREST WAS DEVISED TO DARYL R. RUSSELL AND CHRISTOPHER B. RUSSELL, BY WILL OF ROSA _ ppb / L RUSSELL DATED FEBRUARY 26, 1990, RECORDED /N AFORESAID CLERKS OFRCE IN WILL 0 / BOOK 99 AT PAGE 286. SEE ALSO BOUNDARY UNE ADJUSTMENT PLAT RECORDED IN AFORESAID CLERK'S OFRCE AS INSTRUMENT NO. 030009/83 AND A POR77ON OF THE LAND CONVEYED TO SHEM7NDOAH MOBILE COURTS INC. BY DEED DATED MAY 5, 1966 AND RECORDED IN AFORESAID 8y /0 try CLERKS OFFICE IN DEED BOOK J21 PAGE 693 & DEED DATED AUG T 31, 1 AND h hpjl ryh\ RECORDED /N AFORESAID CLERK'S OFRCE IN DEED BOOK 946 PG 3 '� TM 64-((A))-29 = •• MARK D. SM17H, LS WAKEMAN MANOR LAND TRUST NOTES.' PARLM TAX PAR .E'I /D NRF/ "7TON D8. 776 PG. 685 MARK D. SMITH & ARL&F D. SMITH T.M. 76-((5))-A 706.0279 ACRES ZONE, R/ USE RESIDENIAL ZONE • RA USE: RES/D. ETNDI R. RUSSELL & CHRISTOPHER R RUSSELL h SHfNWIXWJ MOBILE COURTS INC T.M. 76-((A))-1 7.1237 ACRES IONS• MH-f W. R£S10£N7AL APPROVALS./ �4^ / ADJUSTED TAX PARCEL • P`"•-•"' w4v� 07 I N 852995' E 875.0=�-- / 98.9451 ACRES FREO£R/CK COUNTY S BOMSION ADMINISTRATOR DATE --� �p / ZONE.' RA USE: AGRI. (-:0 LINE BEi9RfN12 DISTANCE Ll N 06'43 42 £ 42 Z h / L2 N 83.15 57 W 42,00 L3 S 06'4342 W 47.66 S ^ F CQ ADJUSTED TAX PARCEL 4 $ y y 76-((A))-T Ap / m� SGC I NI TY MAP 2000 SHENANDOAH MOBILE / / o a c COURTS, INC. Z' Vim 14.2065 ACRES / 50' BRL. t�a}/�L sp11g9 -/•r �i��•�-ti��i �^'j}h, i +1yL j�\S 4 f z;l�tn 146.0084'200,00' 280.46WwN5' Well ' J r11"sr h)L A.+" E• ° �T<>> y �j" "v 1 \ 'v PL r i L TA( 76-((A))-2 FREDERICK COUNTY} �*1'n/t 1: JUBILEE CHR/S7L4N CENTER SMl?A7TON AU7TiORTTY ;}` -. �'I� 1 �SI.� qJi� "� •f5t D8. 804 PG 7458 DEED 800X 839 AT PACEr09 Stu`" t ) ZONE IIA USE RELIGIOUS DEED BOOK 839 AT PAGE 102 DATE: 6/1/03 FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT of DATE REVISION iF4• SCALE: f-- 100' OF THE LANDS OF GREENWAY ENGINEERING MARK D. SMITH & ARLENE D. SMITH, MA D. SMITH Winchester v� �a 22602 DESIGNED BY: SWR DARYL R. RUSSELL AND CHRISTOPHER B. RUSSELL & N0,002009 r�aa to 1911 FILE NO. zaoa SHENANDOAH MOBILE COURTS, INC. SHEET I OF I SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA sUENE�p T321um reAepnose 510-sea-41st y� TAY 818-M-0528 June 26, 2003 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 d Fig COPY COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 RE: Preliminary Comments - Shenandoah Mobile Courts - Rezoning Proposal Dear Mark: This correspondence includes preliminary review comments concerning the Shenandoah Mobile Courts rezoning proposal, received by the Frederick County Planning and Development Department on June 5, 2003. This application is a request to rezone 7.08 acres currently zoned Rural Areas District (RA) to Mobile Home Community District (MH -1). The Russell Farm/Frederick County Middle School Site, SWSA expansion request contributed to the following comments. The following issues are identified for your consideration as the application is finalized for submission: A. Application Form and Relevant Review Agencies 1. Please submit review comments from the following departments and agencies with this application: Virginia Department of Transportation; Frederick County Sanitation Authority; Winchester - Frederick Service Authority; Department of Public Works; Frederick County Building Official; Fire and Rescue Services; First Responder - Millwood Fire and Rescue Station; and the County Attorney. 2. The Rezoning Application Form requires specification of the number of units proposed for this 7.08 acre parcel. Staff suggests that the applicant specify that 15 units are planned on this property, which reflects the number of units displaced by the planned major collector road. 3. The fee for this application will be calculated pursuant to the revised fee schedule adopted by the Board of Supervisors on December 12, 2002. The revised application fee for a rezoning petition consists of a base fee of $1,000.00 plus $50.00 per acre, resulting in a total fee of $1,354.00 for the 7.08 -acre rezoning request of this application. In addition to the rezoning review fee, a refundable deposit of $50.00 must be submitted for the public hearing sign required to be posted on site. The resulting total to be submitted with the final application is $1,404.00. Checks should be made payable to "Treasurer of Frederick County." 107 North Kent Street • Winchester, Virginia 22601-5000 Mr. Mark D. Smith, P.E., L.S. June 26, 2003 Page 2 B. Transportation A major collector road is proposed to traverse parcel 76-A-1 in the original location of the displaced mobile home units. As presented to the Board of Supervisor's with the UDA Expansion request, a road efficiency buffer is applicable adjacent to the major collector road to mitigate impacts to the adjoining residential mobile home community land use. C. Proffer Statement The proffer statement appropriately notes that the entire 14.21 acres of tax map parcel 76-A- 1 shall not exceed the maximum density of 57 units. Staff would note, however, that this rezoning request is limited to the 7.08 -acre portion of the parcel. The UDA expansion_ reauest was based on the intent to expand the mobile home park to accommodate those units `d's laced due to the construction of a major collector road extending to the middle school U-- e -- - - _Ate,The total number of units to be displace has been identie�c as fiteen� ). Staff would suggest that the applicant specify within the proffer statement both the number of units proposed for the acreage subject to this rezoning, and the overall unit limitation for the entire 14.21 acre site. s 7 2. Please consider including with this application a rezoning plat delineating the existing location of the mobile homes that will be displaced. Moreover, a Generalized Development Plan(GDP) may be beneficial in clarifying the various elements of this request, to include the new location for the displaced mobile homes, (r the collector road, and the road efficiency buffer. Thank you for your attention to the issues enumerated above. Staff feels that these items should be considered by the applicant prior to the final submission of the rezoning proposal. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, Abbe S. Kennedy Senior Planner ASK/bad cc: Eric R. Lawrence, AICP, Planning Director Christopher M. Mohn, AICP, Deputy Planning Director U:V.bbeW,EZ Review L.ettefs\Shenandoah Mobile CounsRFZ.wpd REENAY ENGINEERING 151 Windy Hill Lane Winchester, Virginia 22602 t Founded in 1971 December 26, 2002 County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Eric Lawrence, Director Re: Russell Farm/Shenandoah Mobile Court-SWSA and UDA Expansion Dear Mr. Lawrence On behalf of the Russell Farm and Shenandoah Mobile Court, we are requesting to be placed on the next available Frederick County Planning Commission and Board of Supervisors agendas. This is to request the expansion of the sewer and water service area, as well as the urban development area on the Russell Farm. We request this to accommodate. the relocation of the existing mobile homes on the Shenandoah Mobile Court property. As previously discussed with the Planning Commission and the Board of Supervisors, this request is being sought to accommodate a new 80' right-of-way for road construction in accordance with the Comprehensive Plan and also to accommodate access to the Russell Farm property and a future middle school. For coordination purposes, we would request our review of these expansions be on the same dates as the Frederick County Public Schools 2232 review request. See Mr. Orndorff's letter dated December 9, 2002. We have enclosed a sketch showing the expanded area of the UDA and SWSA along with a copy of Mr. Orndorff s letter. Thank you for your assistance with this project. If you have any questions or concerns, please feel free to contact our office. Sincerely, ✓�_ Greej wa E.gme ermg 1is Mark D. Smith, P.E., L.S. President Enclosures Cc: Al Orndorff — Frederick County Public Schools Charles S. DeHaven, Jr., Chairman — Frederick County Planning Commission Robert A. Morris, Shawnee District — Frederick County Planning Commission William C. Rosenberry, Shawnee District — Frederick County Planning Commission Richard C. Shiclde, Chairman -at -large — Frederick County Board of Supervisors W. Harrington Smith, Jr., Shawnee District — Frederick County Board of Supervisors John Riley, Frederick County Administrator File # 2804RS/MDS/jw/dls Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com RECEIVED DEC 2 6 2002 FREDERICK MUK Y PLANNING & DEJELGPh4014T Su)SA/USDA -r� nk L dente M 0 "FCPS Frederick County Public Schools AdminiStrative Assistant to visit us at www.frederick.kllva_us the Superintendent December 9, 2002 Eric Lawrence, Director Frederick County Planning and Development 10; North Kent Street Winchester, VA 22601 Dear Mr. Lawrence: 30,31 r 72 �r N 202 CO pEC Lk�va'� o �amm�sn f = 8Y e e-mail: orndorfa@fredei7C 142:va.us It has been brought to my attention that the property being purchased by the Frederick County School Board from Mark Smith, Daryl R- Russell, and Christopher B. Russell for the new middle school site will be required tohave a confoance 2232 review. n as reasonably possible, this letter is a request that the review process be initiated as soo A review of school needs, as described in the 2000 Comprehensive Policy Plan (CPP) for Frederick County, specifically under schools in the section entitled Community Facilities and Services, shows that the new middle school site is in conformance. This section indicates that new schools will need to be planned and constructed to meet the demands that an increasing student population will cause on the school system, as it is generated by the rate of residential growth, particularly in the southern and eastern portions of Frederick County. This letter is also a request to begin the process for receiving the necessary approvals to extend public utilities, specifically water and sewer, to the new school site. Should you have any questions or need additional information., please feel free to contact me at your convenience. Thank you for your assistance in these matters. Respectfully Yours, Al Orndorff Administrative Assistant to the Superintendent Attachment Copy: William C. Dean, Ph.D., Superintendent of Schools l S ark Smith 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, W inchester, VA 22604Ld254brhool as v X54 c389A Founded in 1971 GREENWAY ENG16MAING 151 Windy Hill Lane Winchester, \rrginia 22602 February 5, 2003 Richard C. Shickle 292 Green Spring Road Winchester, VA 22603 Re: Shenandoah Mobile Court Dear Mr. Shickle: On behalf of the Shenandoah Mobile Court and the individual owners within the Shenandoah Mobile Court, we are requesting your support and approval of the 7 -acre Sewer and Water Service Area and Urban Development Area Expansion. As previously discussed, this expansion will allow for the new road construction to the 30 -acre school site and for the displaced mobile homes to be relocated onto the Russell Farm 7 -acre parcel as shown on the attached exhibit in blue. It is imperative that you understand the mobile home owners within Shenandoah Mobile Court are not renters. They are required and do own their mobile home, pay taxes to Frederick County, and are part of our citizenry. Secondly, it should be clearly understood that no additional mobile homes are being requested. We are only asking for them to be relocated. If you should have any questions or feel that you are unable to support this request, please contact me so that I may be aware of your concerns and be prepared to address them at the February 12, 2003 Board of Supervisors meeting. Please contact me at the regular office number or the following numbers: 974-0335 cell with voicemail, 540-636-6010 home, or email msmith(aDucenwaveng.com. Sincerely, Green w y nginee ' g� -- Mark D. Smith, P.E., LS. President Enclosure Cc: John Riley, Frederick County Administrator Eric Lawrence, Director of Planning Frederick County Board of Supervisors — Margaret B. Douglas, Sidney A. Reyes, Robert M. Sager, Gina A. Forrester, W. Harrington Smith, Jr., Lynda J. Tyler Engineers Surveyors File #2804RS/MDS/dls Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com MARK M ®MIM P I No. 022831 NJ z C r� V 1 F too a s� Www o ww �a� w U1 t SEPTEMBER EBOE 1 I e I-DOQ ONEO By, MOB NO. 3T ♦ OF t z \ � � m W Z 3 �N t LU A k Ag d R a MARK M ®MIM P I No. 022831 NJ z C r� V 1 F too a s� Www o ww �a� w U1 t SEPTEMBER EBOE 1 I e I-DOQ ONEO By, MOB NO. 3T ♦ OF t Road efficiency buffer Subject: Road efficiency buffer Date: Thu, 4 Sep 2003 16:44:14 -0400 From: "Trevor M. Kimzey" <tkimzey@owpr.com> To: "A1 Orndorff' <omdorfa@frederick.kl2.va.us> CC: "Mark Smith" <msmith@greenwayeng.com>, "Eric Lawrence" <elawrenc@co.frederick.va.us> RE: FOPS - NEW MIDDLE SCHOOL A/E COMM. # 0125 Al: I wanted to let you know that I did finally get in touch with Eric Lawrence this afternoon. In light of my conversation with you, I explained to Eric that we were prepared to address the buffer requirement as a part of our access road project. This eliminates the need for Mark Smith to address the buffer in his development / rezoning. However, Mark will have to provide the required road efficiency buffer easement on his property. The final buffer will only be 50' wide beyond the edge of the 80' wide right-of-way. Please see a copy of my conversation notes below for details about the conversation and the buffer. Yours truly, Trevor M. Kimzey, P. E. Civil Engineer Oliver, Webb, Pappas & Rhudy Inc. Phone# (540) 552-2151 Fax# (540) 951-0219 tkirnzeya-owpr.com Subject: Efficiency road buffer Entry Type: Phone call Company: Fred. Co. Planning Department Start: Thu 9/4/2003 3:50 PM End: Thu 9/4/2003 3:57 PM Duration: 7 minutes Contacts: Lawrence, Eric Categories: 0125 - FC Mid Major Collector road adjacent to residential is what produces the need for the efficiency buffer Can provide one of the following types of buffers: 50' buffer with a 6' high berm and a single row of evergreen, 4' tall, every 10' o.c. -or- SO' buffer with no berm, but two rows of evergreen trees, 4' tall, every 10' o.c. I suggested that we would use the 50' buffer as it fit our area better, cost less in trees, and we would have ample excess topsoil available to construct the berm. Eric said that would be fine. 1 of 2 9/4/2003 4:36 PM Road efficiency buffer Eric said that I will need to provide a detail on the plans - can be just a partial / typical portion of the plan - which shows the tree spacing and berm location in the buffer. The trees can be staggered as opposed to perfectly straight in a row. The 50' strip would need to be a dedicated road efficiency buffer easement. Eric suggested that the berm and trees be centered about the midpoint of the buffer (25' back) ... thus the trees would be just before the 25' line and the berm would be just behind the 25' line. Mail boxes and canopy which project into the buffer area will be acceptable. <NmImamespace prefix = o ns = " um: schemas-microsoft-com:office: office" h 2 of 2 9/4/2003 436 PM