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PC 09-18-02 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia SEPTEMBER 18, 2002 7:00 P.M. CALL TO ORDER TAB 1) Committee Reports ................................................ (no tab) 2) Citizen Comments ................................................. (no tab) PUBLIC HEARING 3) Rezoning #10-02 of The Village at Harvest Ridge, submitted by Gilbert W. Clifford & Associates, Inc., to rezone 16.92 acres from RA (Rural Areas) to RP (Residential Performance) District. This property is located south and adjacent to Route 622 (Cedar Creek Grade) bordering the City/County line, and is identified with Property Identification Number 63-A-2. An adjoining 9.82 -acre tract, zoned RP and identified with Property Identification Number 63-A-3, is submitted for proffer amendments to the residential density. The combined tracts, totaling 26.74 acres, are in the Shawnee Magisterial District. (Ms. Kennedy)...................................................... (A) 4) Conditional Use Permit #10-02 of Shenandoah Mobile Company for a 150' -foot monopole telecommunications facility. This property is located at 220 Imboden Drive (Schrock Bus Tours) and is identified with Property Identification Number 54-7-7A in the Stonewall Magisterial District. (Ms. Ragsdale) ........................................................ (B) PUBLIC MEETING 5) Request by Robert Simmons of Complete Restoration Services, Inc. for a waiver to the Frederick County Code, Chapter 165, Zoning Ordinance, §165-54 and §165-55A(2), to enable the subdivision (boundary line adjustment) of a parcel of land which is less than five acres in area, and to enable the setback for an existing dwelling, currently less than fifty (50) feet, to be further reduced. This property is located at 366 Stony Hill Road and is identified with Property Identification Number 28-A-163 in the Gainesboro Magisterial District. (Mr. Davenport)..................................................... (C) 6) Request for a Waiver to the Subdivision Ordinance Requirement, to allow the creation of a lot containing less than two acres. This property is located at 199 Dicks Hollow Road and is identified with Property Identification Number 52-A-9 in the Gainesboro Magisterial District. (Mr. Davenport)..................................................... (D) 7) Other REZONING APPLICATION #10-02 THE VILLAGE AT HARVEST RIDGE Staff Report for the Planning Commission Meeting Prepared: September 6, 2002 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. Reviewed Action Planning Commission: 09/18/02 Pending Board of Supervisors: 10/09/02 Pending PROPOSAL: To rezone 16.92 acres from RA (Rural Areas) to RP (Residential Performance) District, and to amend the proffers associated with an adjoining 9.82 acre tract presently zoned RP. The combined tracts total 26.74 acres. LOCATION: This property is located south and adjacent to Route 622 (Cedar Creek Grade) bordering the City/County line. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 63-A-2,and 63-A-3 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant Zoned: RP (Residential Performance) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas ) District East: Zoned LR (City of Winchester) Use: Agriculture Use: Residential; Church Use: Residential West: Zoned RA(Rural Areas) District Use: Residential; Veterinary Clinic REZ #10-02, The Village at Harvest Ridge Page 2 September 6, 2002 PROPOSED USE: Single-family detached small lots; age -restricted community. REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application to rezone this property appears to have little measurable impact on Routes 622 (Cedar Creek Grade) and 628 (Middle Road). Route 622 and 628 are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Village at Harvest Ridge rezoning application, dated July 2002, addresses transportation concerns associated with this request. In the event future access desired direct access to VDOT facilities, any such access should be provided to this office for VDOT review. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation manual. Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization and off-site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Access for fire and rescue must be maintained at all times. "Fire Lane No Parking" signs required at fire hydrants and normal and emergency access points. Fire hydrants shall be located within 400 feet of any residential structures. Plan approval is recommended. Sanitation Authority: This project is served by the City of Winchester. Frederick -Winchester Service Authori : No comments. County Engineer: Please see letter from H. E. Strawsnyder, Jr., P.E., Director of Public Works, dated 7103102. Building Official: No comment required at this time. Shall comment at the time of site plan review. Historic Resources Advisory Board: Please see letter from Rebecca Ragsdale, Planner I, dated 5125102. Parks & Recreation: The proposed proffer of $543 per unit for Parks and Recreation appears to be consistent with the county proffer model as implemented by the county. Frederick Co. Public Schools: Since this is an age -restricted senior citizen community, there is no comment at !his time. County Attorney: Proffers appear to be in proper form once signed by owner(s). REZ #10-02, The Village at Harvest Ridge Page 3 September 6, 2002 City of Winchester: Please see attached memorandum from Tim Youmans, Planning Director, dated 8/16/02. Planning & Zoning_ 1) Site History The original Frederick County Zoning map (USGS Winchester Quadrangle) depicts the zoning for the two parcels as R2 (Residential Limited) District. Prior to 1980 the two parcels were changed from R-2 (Residential Limited) to A-2. During the comprehensive downzoning of October 8, 1080, parcels 63-A-2 and 63-A-3 were changed from A-2 to RA (Rural Area) zoning district. On September 10, 1997, parcel 63-A-3 totaling 9.81 acres was rezoned from RA to RP as part of the Westridge Subdivision, Section III and was within the County UDA. The 16.92 acre RA tract was included in the County's Urban Development Area by action taken at the Board of Supervisors meeting of November 10, 1999. 2) Location The property is located south and adjacent to Route 622 (Cedar Creek Grade), bordering the city/county line. Cedar Creek Grade is classified as a major collector road. To the east is proposed residential lots in the city, to the northeast is "Homespun" an adjacent commercial enterprise, to the north across Cedar Creek Grade is farmland, to the west is a single family home site and a veterinary clinic, and to the south is single family residential and a church. 3) Site Suitability The site is characterized by a ridge running through the center of the site. There are no steep slopes or wetlands located on the site. The existing stands of trees are to be preserved where they can provide a buffer to existing roads. The site is an under -layer of limestone and limestone residual clays. 4) Frederick County Comprehensive Plan The site is located in the Urban Development Area (UDA) ; the 9.82 acre tract included in 1997, the 16.92 acre tract in 1999. The proposed residential use is consistent with the UDA expansion. The Urban Development Area expansion for the 16 acre site was approved with the condition that access is provided from Cedar Creek Grade through this parcel to Westview Lane within Westridge, Section III. The submitted rezoning proposal calls for a private street system to be connected at two points to the City of Winchester street system. Therefore, the applicant contends that the low traffic generation of a single family small lot age restricted development precludes the need for an additional connection onto Cedar Creek Grade. 5) Intended Use The intended use of this property is for a total of 90 single-family small lot units on parcels 63 -A-2, and 63-A-3. Of significance is the proffer of use as an age restricted community, which minimizes the permanent residence by school age children. Parcel 63-A-3 of 9.82 acres is REZ #10-02, The Village at Harvest Ridge Page 4 September 6, 2002 currently zoned RP with an existing proffer for single family detached homes of 12,000 sf lot area not to exceed 25 lots. The submitted rezoning proposal contains provisions for a change of use for the 9.82 acre site, a previously approved RP rezoning from single family detached urban, to single family small lot. Should this rezoning be approved, all existing proffers on the 9.82 acre parcel would be eliminated, and all proposed proffers in this rezoning would apply to the entire 26.74 acre project of the Village at Harvest Ridge. 6) Potential Impacts a.) Transportation Impact Analysis Statement Traffic generation includes 3.7 trips per day per residential unit under the age restricted elderly housing category. The overall project will have a maximum of 90 units for a total trip generation of 333 trips per day. The project will develop from north to south allowing the first connection to the City street system to be included in the first phase of the City subdivision "Harvest Ridge". The splits assumed provide for 2/3 of the generated trips to use Cedar Creek Grade access (222 TPD) and 1/3 Middle Road access (111 TPD). Review Agency Comment The documentation within the application to rezone this property appears to have little measurable impact on Routes 622 (Cedar Creek Grade) and 628 (Middle Road). These are the VDOT roadways which have been considered as the access to the property reference. VDOT is satisfied that the transportation proffers offered in the Village at Harvest Ridge rezoning application addresses transportation concerns associated with this request. Planning Staff Comments Staff feels that the two interconnections to the conventional single family neighborhoods represent good planning, however, a county road providing a direct connection to Cedar Creek Grade would provide a more direct access for County emergency response vehicles. Staff is concerned that an age restricted community may anticipate more frequent medical emergency calls which would be required to navigate the City streets in order to access the Village -at Harvest Ridge community. This would also be the case for other service vehicles such as private refuse collection trucks serving the new age -restricted community. The adjoining commercial enterprise northeast of the site, "Homespun", will be required t� construct a commercial entrance off of Cedar Creek Grade. Staff believes this is an opportunity for the developer to work out a shared entrance, which would allow an additional access in and REZ #10-02, The Village at Harvest Ridge Page 5 September 6, 2002 out of the age restricted community, and not overburden the city streets in the adjoining single family neighborhood in the city. As the proposed rezoning request stands, this petition proffers an emergency only private road connection shall be made to Cedar Creek Grade in the County. Staff also notes that a connection to Cedar Creek Grade was a condition of inclusion into the UDA. b.) Water and Sewer Impact Analysis Statement At the time of improvements of Cedar Creek Grade by the City ten years ago, the property owner paid for the extension of sewer utilities along Cedar Creek Grade to serve this site. The owner also provided for the extension of a 10" water main into the site to allow for loop water flow connection with the existing Westridge subdivision. The City of Winchester has approved the extension oftheir water and sewer system into this project. The County Sanitation Authority has declined interest in servicing this project as part of the UDA expansion. The total demand for water use and sewage flow will be 13,500 gpd for the proposed 90 residential units of the Village project. Review Agency Comments This project will be served by the city of Winchester. c.) Site Suitability Impact Analysis Statement A generalized plan has been proposed as a part of the petition for rezoning and is shown as Figure 2B. The meandering street system allows opportunity for landscaping and visual buffering within the subdivision. The configuration of the site allows ample opportunity to provide the buffers and screens required by the county ordinances. A walkway system is proposed including sidewalks and walking trails. Recreation uses will be discussed during the Master Development Plan. A passive system of trails and open space uses are intended to provide active recreation facilities meeting small lot requirements of the zoning ordinance. A community building is not planned for this project. Individual lot sizes will exceed 5,000 SF. Planning Staff Comments Staff notes that there is no proffer regarding lot sizes to exceed 5,000 s.f., and that the Frederick County Code allows a minimum lot size of 3,750 square feet. The applicant notes that no community building is planned for this project. If the lots fall under 5,000 sr" a recreational REZ #10-02, The Village at Harvest Ridge Page 6 September 6, 2002 facility for each 30 dwelling units must be provided, and in addition, single family small lot housing shall provide a community center providing for the equivalent of three age-appropriate recreational units for each 30 dwelling units. The rear yard setback is 15 feet, and Frederick County code states that decks may extend five feet into the required setback in single family small lot housing. Staff feels that this project will adjoin single family homes on the west and south, and the single family homes of the city on the east. Staff notes the need for perimeter residential separation buffers on the east, south and west of the site. Although county code requirements would not require a residential separation buffer be placed between the single family detached homes of the city and the proposed single family small lots, staff would suggest the residential separation buffer be implemented. A road efficiency buffer will be required along major collector road, Cedar Creek Grade. The attached proffered generalized development plan shows a walkway system and trails that terminate abruptly at the south ends with no connections back out to the street to form a continuous loop. Staff feels this generalized development plan including sidewalks and walking trail system should be further clarified. d.) Site Drainage Impact Analysis Statement The generalized plan for drainage shown in Figure 5 includes an enclosed storm drainage system connecting to a storm water management facility located as show on the plan. This storm water facility will discharge into the 54" storm sewer located in the Cedar Creek Grade right of way. Provision for expansion of the existing parcel owned by Mr. and Mrs. Turner and in use as "Homespun" will be made as a part of this project. Joint planning for the uses provides for sharing lands for the storm water management facility. Review Agency Comment The proposed rezoning indicates that the stormwater will flow through a detention pond before discharging into an existing stormwater pipe (54 inches) located within the City of Winchester. Our approval of this subject rezoning will be contingent upon the approval of the City on issues related to stormwater management and traffic. Planning Staff Comment The planning staff has not yet seen an agreement between the parties for sharing land regarding stormwater management, and the enclosed Site Drainage Plan -figure 5 shows the pond extending into the area where the proposed emergency road connection to Cedar Creek Grade is proposed to be located as shown in the applicant's Transportation Plan -figure 3. The store water management could be resolved during the MDP review. REZ #10-02, The Village at Harvest Ridge Page 7 September 6, 2002 7) Proffer Statement A statement of proffers, signed and dated by the owners on August 23, 2002,was submitted to the Planning Department. The applicant has offered the following proffered conditions: A monetary proffer for the sum of $1,539.00 per residential building lot. This provides for $543.00 for Frederick County Parks & Recreation; $481.00 for Frederick County Fire and Rescue; $87.00 for Sheriff's Office and $241.00 for Administration Building and $187.00 for the Public Library. The Generalized Development Plan which includes the following conditions: a. All housing within the 26.74 acre tract shall be single family small lot in accordance with the County zoning ordinance. A maximum of 90 single family small lot units shall be constructed on the property. b. All streets shall be private with approved connection to two City maintained inter - parcel connector streets. C. The 26.74 acre tract shall be designated by deed to be "age -restricted" under the U.S. Fair Housing Act. Stipulations shall require at least 80% of the occupied housing units have an occupant who is 55 or older and that no unit shall be occupied by a child under the age of 19 as a permanent resident. The intent is to provide a project for retirement housing that does not generate an impact on the Frederick County School System. d. An emergency only private road connection shall be made to Cedar Creek Grade in the County in the location shown. Please note, that included in your packet, are the proffers of the previously approved RP 9.82 acre tract. These proffers would be abolished and replaced by the new proffers if the rezoning petition is accepted. * Correspondence regarding the UDA expansion of the Allen property is included in your packet. STAFF CONCLUSIONS FOR 09/18/02 PLANNING COMMISSION MEETING: The 26.74 acre site proposed for rezoning is within the Countv UTA and S W SA. making it conducive to residential development. The subject property is located along a major collector road and adjacent to the City of Winchester. Staff would note that the proffers attempt to address the issues of the age restricted communities, yet concerns by staff prevail on the following issues: REZ #10-02, The Village at Harvest Ridge Page 8 September 6, 2002 a. Direct connection for County emergency response vehicles and other service vehicles such as private refuse collection trucks and road maintenance vehicles. Also, the contingency of the approved UDA expansion upon creating a direct connection to Route 622, Cedar Creek Grade. b. Stormwater management clarification. C. A continuous loop to the Hiker trail in open space, recreational amenities, and sidewalks along the private streets for an age -restricted community. d. Adequate perimeter buffering between Frederick County RA single family housing, and single family City of Winchester housing. e. Preservation of existing trees buffering Cedar Creek Grade, while a stonnwater management pond and commercial entrance to "Homespun" will be required. Staff feels the applicant should be prepared to address the preceding issues to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors. Composite Drawing of the land of Village at Harvest Ridge Back Greek Magisterial District Frederick County, Virginia Dater Aug. 30, 2002 I SHEET 1 OF 1 1402.39' 99.95' ZONE, RA 12'10' W 5287' 600' 900' SCALE Marsh & Legge Land Surveyors, P.L.C. j 560 NORTH LOUDOUN STREET r MCHESTER, VRGINIA 22601 DRAWN BY: K.H.B. PNONE (540) 667-0468 M FAX (540) 667-0469 H BWL 0f6ce*M0rsh0ndWgge.com DWG NAME: Allen—Glaize FARM �. Cedar Creek Gr 1 MARSHALL,--- 63 ARSHALL,/63 A 2A BRIDGEFORTH RA i /d' TURNER 63 A 2D RA C&W PROPERTIES 63 A 2K RA 62 WALLS - 63 A 2J� RA GRACE BRETHERN CHURCH 63 A 2E� RA CATHER 63 A 3A� RA 63 8 RAA TRUSTEES OF WINCHESTER CHURCH 63 A 4D RA ENTERPRISES, LLC 63 A 2H RA OPEQUON GREYSTONE y PROPERTIES LLC 63 A 2 RA The City Qa v Of Winchester, 1Da`g Virginia OVERLOOK HILI GLAIZE v DEVELOPMENT, ING 63 A 3 RP WEST` IDGE 62 VAL VISTA HEIGHTS I G Location Map REZ #10-02 The Village at Harvest Ridge PIN: 63-A-2 63-A-3 N K'� 8 0 300 600 Feet SEPT. 3,2002 F JA City Of a° fey Gam" aw � WIIICtI PStEr,® �" Virinia 63 A 2 Location Map REZ #10-02 The Village at Harvest Ridge PIN: 63-A-2 63-A-3 N K'� 8 0 300 600 Feet SEPT. 3,2002 REVISED PROFFERS REZONING REQUEST PROFFER Property Identification Number 63-A-2 Back Creek Magisterial District VILLAGE AT HARVEST RIDGE PreliminaEl Matters Pursuant to Section 15.2-2296 et. Sea., of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #10 -for the rezoning of 16.92 acres from the Rural Area (RA) to Residential Performance (RP) and the rezoning with revised proffer of 9.82 acres from RP (single family) to RP (small lot -age restricted). 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. The approval of theses proffers shall eliminate and void any pre-existing proffer statement controlling development of the lands involved. Monetary Contribution The undersigned, who own the above described property, hereby voluntarily proffer that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 26.74 acres, with frontage along Cedar Creek Grade in the Back Creek Magisterial District of Frederick County, Virginia to RP (small lot -age restricted), the undersigned will pay to Frederick County at the time the first building permit is applied for the sum of $1,539.00 per residential building lot. This monetary proffer provides for $543.00 for Frederick County Parks & Recreation; $481.00 for Frederick County Fire and Rescue; $87.00 for Sheriff's Office and $241.00 for Administration Building and $187.00 for the Public Library. General Develooment Plan Voluntarily proffered is the attached Generalized Development Plan which includes the following conditions: REZONING REQUEST PROFFER Property Identification Number 63-A-2 Back Creek Magisterial District Village at Harvest Ridge All housing within the 26.74 acre tract shall be single family small lot in accordance with the County zoning ordinance. A maximum of 90 single family small lot units shall be constructed on the property. 2. All streets shall be private with approved connection to two City maintained interparcel connector streets. The 26.74 acre tract shall be designated by deed to be "age restricted" under the U.S. Fair Housing Act. Stipulations shall require at least 80% of the occupied housing units have an occupant who is 55 or older and that no unit shall be occupied by a child under the age of 19 as a permanent resident. The intent is to provide a project for retirement housing that does not generate an impact on the Frederick County School system. 4, An emergency only private road connection shall be made to Cedar Creek Grade in the County in the location shown. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to tht land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNERS By:'x --- Date: / U� By: ✓ !% Date: - a 3 d4_ Date: REZONING REQUEST PROFFER Property Identification Number 63-A-2 Back Creek Magisterial District Village at Harvest Ridge STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 3rd day of 2002, by E -t �-r1 C' 1�, ��J lcU�<' kc-'u5--1-`Scc��S My commission expires ;CN Notary Public �� Attached Letters: 1. County Engineer 2. HRAB 3. City of Winchester July 3, 2002 Mr. Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Rezoning for The Village at Harvest Ridge Frederick County, Virginia Dear Chuck.- The huck: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX; 540/678-0682 The proposed rezoning application for The Village at Harvest Ridge indicates that the stormwater will flow through a detention pond before discharging into an existing stormwater pipe (54 inches) located within the City of Winchester. We recommend that the City of Winchester be given an opportunity to review and approve this concept before we grant our final approval. The impact analysis references a second parcel of land which was previously approved for RP development. Please clarify the analysis report to indicate that this parcel will also be developed as age restricted housing. Our approval of the subject rezoning will be contingent upon the approval of the City of Winchester on the issues related to stormwater management and traffic control. Sincerely, 41 C_ Hary . Strawsnyder, Jr., P.E. Director of Public Works HES; rls CC' Frederick County Planning and Zoning file C.ICo reMord Perfect\RhondalvUathrstrid gecOm.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 CITY OF WINCHESTER, VIRGINIA MEORANDUM TO: Chuck Maddox, P.E. G.W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 FROM: Tim Youmans ` City of Winchester Planning Director DATE: August 16, 2002 SUBJECT: THE VILLAGE AT HARVEST RIDGE Rouss City Hall 15 North Cameron Street Winchester, VA 22601 540-667-1815 TDD 540-722-0782 I have reviewed the proposed rezoning request for the 60 single-family small lot units known as the "Village at Harvest Ridge." Mr. Vickers and Mr. Wilkins have done an admirable job of attempting to master plan a large residential area straddling the City -County line. I offer the following comments and observations: The change from a conventional single-family layout to the age -restricted senior community on the Glaize tract formerly known as Westridge, Section III represents a considerable departure from the previously approved conventional type of development similar to that in the adjacent Westridge, Section II development to the east. More attention needs to be paid to how the public street system in the City will transition to a private street system in the County. I have asked Mr. Vickers to consider extending a traditional urban street section to an area where larger public service vehicles such as fire trucks, school buses, refuse and recycling trucks, etc. can safely turn around without using private driveways. Currently, there is a gravel turnaround allowing for safe maneuvering. Please provide more information on proposed yards and setbacks so that I can determine what, if any, impact the clustered homes would have on the existing conventional single-family lots at the end of West View Terrace. One version of the overall plan for Harvest Ridge depicts only a 10 -foot wide private open space strip between the rear of the elderly community lots and the existing conventional residence along the south side of WestView Terrace. How close could a new home be permitted to be built toward the rear yard line on the small lots? Would porches, decks and patios be allowed to encroach into rear yards under County Zoning? With conventional development, the adjacent City homeowner would expect a 25-35 foot rear yard for any new homes backing up to their side yard. If the clustered elderly homes are allowed to have much smaller rear yards (e.g. 5-10 feet) with more of them closer together on narrower lots, then this could cause an impact on the adjacent property owner. Is privacy fencing around the rear yards of the elderly homes proposed? "THE APPLE CAPITAL" Chuck Maddox, P.G August 16, 2002 Page 2 With regard to streets, the two interconnections to conventional single-family neighborhoods in the City represent good planning. I do, however, question the merit of having no direct connection to Cedar Creek Grade or any County road directly from the elderly community. i appreciate Mr. Vickers' interest in preserving natural vegetation along the south side of Cedar Creek Grade, but feel that a private road connection could be incorporated into this area while still leaving much vegetation. Also, since the recently approved Homespun project is going to require a commercial entrance, there is an opportunity to work with that developer to construct a shared entrance. A direct connection to Cedar Creek Grade would provide a more direct route for County emergency response vehicles to this elderly residential community where medical emergency calls can be anticipated at a higher frequency then that which would occur with nonelderly development. With a direct connection, servicey vehicles such as private refuse collection trucks serving the elderly community would not need to navigate City residential streets either. The additional access would also distribute traffic entering and exiting the development at the Cedar Creek Grade end, thus not disproportionately burdening the future single-family residents in the City. The proposed private street system in lieu of public streets is not a concern for the City, but it would be helpful to know what the typical street section would look like. How wide are the streets? Are sidewalks proposed along both sides? Figure 2 of the rezoning booklet depicts a "Hiker Trail" through the proposed open space around the rear of the units but terminates abruptly at the south ends with no connection back out to the common areas. They should connect out to the private street to form a continuous loop. What would the future City lot owners backing up to the private open space and hiker trail find in terms of physical trail or path improvement? Would they have a right to access the trail? Thank you for providing this opportunity to comment on this important residential project. May 25, 2002 Mr. C. E. Maddox, Jr., P. E., Vice President Gilbert W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 COUT14TY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 RE: Historic Resources Advisory Board (HIZAB) Comments Allan Rezoning - Cedar Creek Grade Dear Chuck: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of May 21, 2002. The HRAB reviewed information associated with the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley and information provided by representatives of the proposal. Historic Resources Advisory Board Comment The fifteen -acre parcel proposed for rezoning from the RA (Rural Areas) Distract to the RP (Residential Performance) District is located within the study area for the First Battle of Kernstown and the core area for the Second Battle of Kernstown. Located directly adjacent to the subject parcel is the historically significant structure known as "Homespun." The proposed use of the Allan property is an age -restricted housing development. The HRAB considered details of the development plans for the property, and its history. Discussion included the existing conditions adjoining the site, its proximity to housing developments in the City of Winchester and residential uses in the County. The applicant expressed their desire to be sensitive to the property's history and explained they would be providing additional landscaping and open space within the proposed development. The HRAB felt that the integrity of the battlefields had been compromised and that the proposed development was appropriate. The HRAB recommends that the applicant provide landscape screening along Cedar Creek Grade and "Homespun." There were no adverse comments by the HIZAB and, after consideration, approval of this rezoning application was recommended. Please do not hesitate to contact me if you have any questions regarding this comment from the Historic Resources Advisory Board. Sincerely, Rebecca Ragsdale Planner I F-Wch cc: Jim Vickers; Richie Wilkins U:ICOMMI E H \COMM�,�,Sa .Nbrth KQnt Suet . Winchester, Virginia 22601-5000 Existing Proffers to be abolished on RP zoned, 9.81 acre tract 63-A-3. Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: AMENDMENT Recommended Approval on August 6, 1997 Approved on September 10, 1997 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #003-97 of WESTRIDGE SUBDIVISION, SECTION III WHEREAS, Rezoning Application #003-97 of Westridge Subdivision, Section III, requested the rezoning of 9.81 acres currently zoned RA (Rural Areas) to RP (Residential Performance); and identified with P.I.N. 63-A-3. The property is located adjacent to the Westridge Subdivision with access from West View Lane via Middle Road (Rt. 628) in the City; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 6, 1997; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on September 10, 1997; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 9.81 acres currently zoned RA (Rural Areas) to RP (Residential Performance) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. This ordinance shall be in effect on the date of adoption. Passed this 10th day of September, 1997 by the following recorded vote: James L. Longerbeam, Chairman Yea W. Harrington Smith, Jr. Yea Charles W. Orndoff, Sr. Yea O:\AG EN DAS\REZON E\ W ESPRI DG. RE S PDRes 4011-97 Richard C. Shickle Margaret B. Douglas Robert M. Sager A COPY ATTEST John k..,kiley, Jr. Frederick County Administrator Yea Yea Yea REZONING REQUEST PROFFER Property Identification Number 63-((A))-3 WESTRIDGE GLAIZE DEVELOPMENTS, INC. Preliminary Matters Pursuant to Section 15.1 - 491.1 et. sea., 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 # CO.5-gI for the rezoning of approximately 9.81 acres from RA Zoning District to the RP 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General Development Plan The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 9.81 acre tract, lying on the west side of Middle Road in the Back Creek Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will submit a Master Development Plan that will provide for a street layout connecting with the State Route 628 (Middle Road) via West View Lane, and, as shown on the attached Addendum "A" - Proposed 50' R/W, Concept Plan for Westridge, Section III, dated February 19, 1996. The undersigned voluntarily proffers that the rezoned property shall not be subdivided into more than twenty-five (25) single family home lots and there shall not be constructed thereon more than twenty-five (25) single family detached houses and further no apartments, duplexes or other multi -family buildings shall be constructed on the property. Consumer Notification The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 9.81 acre tract, lying on the west side of Middle Road in the Back Creek Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will provide notice to each new lot purchaser that this property is located in Frederick Countv and that various Lyovernmental services may be J v different than the portion of the Westridge subdivision that is located outside of Frederick County. PAGE 2 REZONING REQUEST PROFFER Property Identification Number 63-((A))-3 WESTRIDGE GLAIZE DEVELOPMENTS, INC. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 9.81 acre tract, lying on the west side of Middle Road in the Back Creek Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will pay to Frederick County, at the time a building permit is applied for, the sum of four thousand one hundred seventy-two dollars and twenty- eight cents ($4,172.28) per approved lot ($3,581.20 for Schools and $591.08 for Parks & Recreation) plus, twelve dollars and sixty-one cents ($12.61) per approved lot to be paid to Frederick County for the Stephens City Fire and Rescue Company. In essence, the total sum of four thousand one hundred eighty-four dollars and eighty- nine cents ($4,184.89) will be paid at the time a building permit is applied for, for each lot approval. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY OWNER By: ! 1_:� �� l' GLAIZE DEVELOPMENTS, INC. STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing nstrument was acknowledged before me this � day of July, 1997, by e_ - _j. /&i,,( of Glaize Developments, Inc.. My Commission expires Notary Public Concept Plan 11/F Koonce N/F Cother s� �s WE STRID GE rSection III o w PROPOSED .. Frederick County, pO dwg no: 'west.dwg Job no: 50' R/W n " 150-c ad. G, n.kh Dd. drawn by. as date: February 19, 1996 r -L Ff6dWkk.bU1q. Wginfo 22401 (540) 898- 2115 approved by. CEM scale: 1'-200' _Frederick —Count y Cit of N F Allen Winchester ` W - Virginia SHEET 4 0F 4 �o -- T' j- F� • � � � a FSr yFh t ---iF` aq .•� � 'off �` �. 1 \r � s 4o \ i /�� / V 14200 400 800 :1 Conditions of IUDA Expansion Noveflnebr 10, 1999 May 8, 2002 Charles E. Maddox, Jr., P.E. G.W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 COIJI tTY of FREDERICK Department or Plauning and Development RE: Westridge Expansion into Frederick County; Joseph A. Allen Property Property Identification number (PIN) 63-A-2 Dear Chuck: 540/665-5551 FAX: 5401665-6395 It was a pleasure to meet with you, Jim Vickers, and Richie Wilkins yesterday, May 6, 2002, to discuss potential development plans for the Allen property. This tentative development plan would establish 12,000 square foot single-family lots within the City portion of the property, and single-family small lots within that portion of the property located in the County. As you are aware, the Urban Development Area (UDA) was expanded on November 10, 1999 to include the subject site. Upon review of the Board of Supervisors' action on this date, it appears the Board approved the UDA expansion with the condition that access be provided from Cedar Creek Grade through the subject parcel to Westview Lane within Westridge, Section III, to ensure improved public service provisions, without traversing the City of Winchester's street system. Therefore, it appears that in order to utilize the UDA policy boundary, the subsequent development should provide access to Cedar Creek Grade within Frederick County. Please contact me with any questions. ERL/rsa Attachment AICP lirector cc: Jim Vickers. Oakcrest Realty 2055 Vallev AveWinchester Richie Wilkins, Wilkins Development Co., 13 S. Loudoun St., Winchester U:1Eric\CommonlRezonings120021A.11en1access issue.wpd 107 [North Rent Street • Winchester, Virginia 22601-5000 COUNTY 0"I F_, T=E -SIC ��- Department of Plonning and Developrre-' 5401665 -56 - FAX: 544/673-6632 November 18, 1999 Mr. Stephen M. Gyurisin G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, VA 22601 RE: REQUEST TO EXPAND URBAN DEVELOPMENT AREA Dear Steve: This letter is to confirm action taken by the Board of Supervisors at the November 10, 1999 meeting. Your request for an expansion of the Urban Development Area (UDA) to incorporate parcel 63-A-2 of Joseph A. Allen, et als was approved with the condition that access is provided from Cedar Creek Grade through this parcel to Westview Lane within Westridge, Section III. If you have any further questions on the approval of this request, please feel free to call this ofce. Sincerely, Evan I Wyatt Deputy Director EAW/ch cc: Steve Melnikof� VDOT Jane Anderson, Real Estate O: Agmda \APPR_DEN.LTR\WAIVER_ EXEMP\I0SWhAnMLTDA.exp-wpd 107 North Ke,at SIreci , Wir:eh-ester, Virgvia 22,641 -54th ; C 0 Ui, U r, i F R:�D-V P, 1 Ci Dep.artmtiPA of n d DeielDpment 54n/fio5-5�5i 'AXI: 540/6734632 MEntagnrmuM TO: Frederick County Board of Supervisors FROM: Evan A. Wyatt, Deputy Planning Director RE: Urban Development Area Expansion Request of Joseph A. Allen, et als DATE: October 22, 1999 The Comprehensive Plans and Programs Subcommittee (CPPS) considered a request to allow for the expansion of the Urban Development Area (UDA) to incorporate parcel 63-A-2 of Joseph A. Allen, et als during their August 9, 1999 meeting. Mr. Stephen Gyurisin, representative of Mr. Joseph A. Allen, et als, advised the CPPS that parcel 63-A-2 is a 16.9 -acre portion of a 41 -acre parcel which is severed by the city/county boundary line. The 24.1 -acre portion within the City of Winchester Corporate Limits is zoned LR (Low Density Residential) District which allows single family detached residential units on 12,000 -square -foot lots, while the 16.9 -acre portion within Frederick County is zoned RA, (Rural Areas) District. Mr. Gyurisin also advised the CPPS that the Frederick County Sanitation Authority Board approved a request to allow this acreage to be served with public water and sewer by the City of Winchester Public Utilities should this acreage be incorporated into the UDA. The CPPS felt that this request was analogous to the Board of Supervisors' approval of expanding the UDA boundary to incorporate the nine -acre tract for the Westridge Subdivision which was also severed by the city/county boundary line. Furthermore, the CPPS felt that this particular request would allow for improved public services by creating a local street network between this parcel and the Westridge Subdivision which would connect Cedar Creek Grade (Route 622) and Muddle Road (Route 628). The CPPS recommended unanimous approval of this request with a condition that the development of this property provide access from Cedar Creek Grade to a connection with the Westridge Subdivision to ensure improved public services through a complete road network. Mr. Gyurisin advised the CPPS that the developers of the Allen tract would be amenable to constructing a road network from Cedar Creek Grade to Westridge Lane, including the off-site improvement within the Westridge Subdivision. 107 North Kent Street • Winchester. Virginia 22601-5{1WA) Page -2- Joseph A. Allen, et als Memo October 22, 1999 At the Planning Commission's public hearing on October 6, 1999, members of the Commission believed the extension of Westview Lane in Section III was the most important connection needed because it would allow direct access to the Frederick County portion of the development, via Cedar Creek Grade, and County public service personnel, such as the sheriff,. fire and rescue, and school buses, would not have to traverse streets in the City of Winchester. There were no citizen comments concerning this UDA expansion request. The Planning Commission unanimously recommended approval of the request with the condition that the development provide access to Cedar Creek Grade from Westview Lane in Section III to ensure improved public services. Please find included under this agenda item a letter from Mr. Stephen Gyurisin to Mr. Evan Wyatt, dated July 30, 1999, correspondence from the Frederick County Sanitation Authority to Mr. Evan Wyatt dated September 20, 1999, a location map depicting the Joseph A. Allen, et als property, a plat of the Joseph A. Allen, et als property within Frederick County and the City of Winchester, and a digital image of the parcel which goes from the southern boundary north to Cedar Creek Grade. EAW/rsa Attachments U:\EvanlCommon\CompPlmi\WatrSewrUoeAl l cnUDAExpansioiiRequestForPIN63-A-2-BOSMemo. wpd -2 - Historic Resources Advisory Board (DRAB)-10/19/991VItg. Mr. Robert M. Morris, HRAB member, reported that the HRAB discussed possible projects the I-IRAB could embark upon this year. Mr. Morris said that in the past, the HRAB has only responded to zoning requests; however, the HRAB believes there is a great deal more the group could do, perhaps pursuing opportunities for historic overlay districts, or becoming a certified local government for historic preservation. Mr. Morris also reported that Maral Kalbian was present at the meeting with a number of copies of her new book entitled, "Frederick County, Virginia - History Through Architecture." Sanitation Authority (SA) -10/18199 Mtg. Mrs. Marjorie Copenhaver, Planning Commission liaison to the SA, said that Wellington Jones, the SA's Engineer/Director, reported that 10%" of rain fell in September, which raised and stabilized quarry levels. She reported that the SA concluded test pumping at the Back Creek well and during the test, 1,200 gallons per minute were pumped for 96 hours. She said the results were positive. Mrs. Copenhaver also reported that new connections for water and sewer have been running about 400 per year for the past few years, according to Mr. Jones. She said Mr. Jones had commented that these figures point to the fact that growth within the County is "controlled growth," as compared to the end of the 1980'x, when the SA was averaging about 1,000 new connections per year. PUBLIC HEARINGS Request to expand the Urban Development Area (UDA) by incorporation of a 16.9 -acre portion of a 41 - acre parcel. This parcel is located on the south side of Cedar Creek Grade (Route 622), adjacent to the City of Winchester Corporate Boundary, in the Back Creek Magisterial District, and is identified with P.I.N. 63-A-2, zoned RA (Rural Areas). Action - Recommended Approval with Condition Mr. Evan A Wyatt, Deputy Planning Director, said that the Comprehensive Plans and Programs Subcommittee (CPPS) considered a request to allow the expansion ofthe Urban Development Area (UDA) to incorporate a 16.9 -acre portion of a 41 -acre parcel, which is severed by the City/County boundary line. He said the property is owned by Joseph A. Allen, et als. Mr- Wyatt advised the Commission that the Frederick County Sanitation Authority Board approved a request to allow this acreage to be served with public water and sewer by the City of Winchester Public Utilities, as there are no lines from the Frederick County Sanitation Authority in this area. Frederick County Planning Commission Minutes of October 20, 1999 Page 42-) -3- Mr- Wyatt continued, stating that the CPPS believed the Allen request was analogous to the Westridge Subdivision UDA expansion request, which was also a portion of a larger tract that was severed by the City/County line. He said the CPPS believed the Allen request would allow for improved public services by creating a local street network between the Allen parcel and the Westridge Subdivision, connecting Cedar Creek Grade (Rt. 622) and Middle Road (Rt. 623). Mr. Wyatt stated that the CPPS recommended approval of the Allen request with the condition that the development of the property provide access from Cedar Creek Grade to a connection with the Westridge Subdivision to ensure improved public services through a complete road network Mr. Stephen M Gyurisin with G. W. Clifford & Associates, Inc., the engineering/design firm representing the applicant, was available to answer questions from the Commission. Mr. Gyurism pointed out two different connection points that could be made with Westridge Subdivision. Members ofthe Plannmg Commission believed the extension ofWestview Lane in Section III was the most important connection needed because it would allow direct access to the Frederick County portion of the developmem, via Cedar Creek Grade. It was noted that the County's public service personnel, such as the sheriff, fire and rescue, and school buses, would not have to traverse streets in the City of Winchester to get to the site. The Planning Commission int rimously recommended approval of the request with the condition that the development provide access to Cedar Creek Grade from Westview Lane in Section III to ensure improved public services. There were no citizen comments. Upon motion made by Mr. Ours and seconded by Mr. Romine, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of the request to expand the Urban Development: Area (UDA) by the incorporation of a 16.9 -acre portion of a 41 -acre parcel, identified with PIN. 63-A-2 in the Back Creek District, and owned by Joseph A. Allen, et als with the condition that the development provide access to Cedar Creek Grade from Westview Lane in Section III to ensure improved public services. Request by Fellowship Bible Church to extend water and sewer service outside of the Sewer and Water Service Area (SWSA). This parcel is located on the south side of Middle Road (Rt 628) and the north side of Apple Valley Road (Rt 652) in the Bad, Creek Magisterial District and is identified with P.I.N. 63-A-14. Action - Recommended Approval Mr. Evan A_ Wyatt, Deputy Planning Director, stated that the Comprehensive Plans and Programs Subcommittee (CPPS) considered a request to allow the extension of public water and sewer service to the Fellowship Bible Church property during their September 1.3, 1.999 meeting. A -U. Wyatt said �e Frederick County Planning Commission Ivlinutes of October 20, 1999 Page 423 PC REVIEW: 09/18/02 BOS REVIEW: 10/09/02 CONDITIONAL USE PERMIT #10-02 SHENANDOAH MOBILE COMPANY Telecommunications Facility LOCATION: This property is located at 220 Imboden Drive (Schrock Bus Tours). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-7-7A PROPERTY ZONING & PRESENT USE: Zoned MI (Light Industrial) District; Land Use: Bus Terminal/Fleet Maintenance/U-Haul ADJOINING PROPERTY ZONING & USE: Zoned M1 (Light Industrial) District, and MHl (Mobile Home Community) District Land Uses: Industrial and Arcadia Mobile Home Park PROPOSED USE: 150 -foot monopole -type telecommunications facility REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for aconditional use permit for this property appears to have little measurable impact on Route 1327 (Imboden Drive), the VDOT facility which would provide access to the property. Existing entrance is adequate for proposed use; however, should use ever expand in the future, the entrance may have to be upgraded to VDOT minimum commercial standards. Inspections Department: Structure shall comply with The Virginia Uniform Statewide Building Code and Section. 312, Use Group U (Utility and Miscellaneous) of The BOCA National Building Code/1996. Structural plans submitted for permit application shall be sealed by a Virginia -licensed design professional. Please note the requirements in Chapter 17, Special Inspections, for this type structure, soils, concrete, bolts, etc. CUP #10-02, Shenandoah Mobile Company Page 2 September 5, 2002 Fire and Rescue: Emergency vehicle access is adequate; no additional comments. Plan approval is recommended. Sanitation Authority: No comment. Winchester Regional Airport: Please see attached letter from Serena R. Manuel, Executive Director, dated 8116/02. Planning and Zoning: The Frederick County Zoning Ordinance allows for Commercial Telecommunication Facilities in the M1 (Light Industrial) Zoning District with an approved Conditional Use Permit. The Frederick County Zoning Ordinance specifies that a CUP for a commercial telecommunication tower may be permitted provided that residential properties, land use patterns, scenic areas and properties of significant historic values are not negatively impacted. Furthermore, additional performance standards shall apply to the CUP review in order to promote orderly economic development and mitigate the negative impacts to adjoining properties. The proposed telecommunication facility will be located on a 9.79 -acre site located at the enc of Imboden Drive in the Baker Lane Industrial Park, adjacent to Interstate 81. The property is owned by Larry and Dorothy Schrock. The applicant proposes to build a 150 -foot monopole - type telecommunication facility that is designed to accommodate commercial telecommunication carriers. The minimum required setbacks for the proposed telecommunication facility are 165 feet from Imboden Drive and Interstate 81 and 115 feet from the side and rear property lines. The proposed setbacks for this facility are approximately 563 feet from Imboden Drive, 168 feet from Interstate 81, 168 feet from the mobile home community in the rear, and 332 feet from the side property line. Therefore, the structure would comply with the setback requirements. There is a history of zoning violations associated with the property. A site plan was approved by the County in July of 1998 for construction of the Schrock Tours 16,200 square -foot building for use as a bus facility. The building was constructed and occupied but site improvements such as landscaping and the final asphalt surface treatment were not completed. A bond was established by the owners to guarantee the site work. The property owners agreed to have all site improvements associated with approved plans complete by May 2002. Upon inspection by staff in June 2002, it was noted that site improvements were still not complete, including landscaping, stabilization and seeding, and paving/striping of the parking areas. There were additional zoning violations noted by staff at the time ofthis inspection. Staff has had continued dialogue with the Schrocks and they have committed to having all site work complete, except for the paving and striping (see letter dated August 28, 2002). Staff feels that this site history information should be considered along with this application for a conditional use permit for the property. CUP #10-02, Shenandoah Mobile Company Page 3 September 5, 2002 The applicant has provided an inventory of existing structures in the general area and has provided an explanation as to why it is not possible to collocate on them. The maps provided within the application illustrate search criteria used by the applicant to determine that this location is appropriate for a telecommunication facility. As indicated by the applicant, the proposed facility will meet coverage needs and improve capacity for the City of Winchester and surrounding areas of Frederick County. The applicant has adequately illustrated the need for coverage, where existing telecommunication facilities are located, and what areas of coverage they provide. The Winchester Regional Airport Authority has not completed a final comment for this proposed facility. The zoning ordinance requires appropriate landscaping and opaque screening to ensure that equipment buildings and other accessory structures are not visible from adjoining properties and roadways; this will be addressed at the time of site plan review. STAFF CONCLUSIONS FOR THE 9-18-02 PLANNING COMMISSION MEETING: Staff believes that this application for a Commercial Telecommunication Facility has adequately addressed the requirements of the Zoning Ordinance in that need for this facility, based on a lack of coverage and capacity in this part of the County, has been demonstrated. However, before additional development privileges are approved for this property, consideration should be given to the history of zoning violations. Should the Planning Commission find this use appropriate, the following conditions of approval would be appropriate: All Zoning Ordinance requirements and review agency comments shall be addressed and complied with at all times. 2. The tower shall be available for co -locating personal wireless services providers. A minor site plan shall be approved by the County. 4. The tower shall be removed by the applicant or property owner within twelve (12) months of abandonment of operation. 5. All existing zoning violations should be resolved prior to construction of any telecommunication facilities. 0\Agendas\COMMENTS\CUP's\2002\Shenandoah Mobile Co.wpd "�..•._�.. "'"�-,w � 5-. � 't'f9 1 S ut t Jet'.; 'C' c h 1 S 't �i � �'n %h ,� ` L) "" +h ' !►a i ..(A.• ' ` 1 f �, a iq .t y i 7 Wt.i-9,y'7p}i��P f r �� yYdj�� ht Y ((S. 1 'M'y i Y+ f f It }� i • � sy F r'i i. pF 2 'h. IRA Y00 M ANn➢ Rocco r /Buildingr9F,o SuppliesaT t ,¢ f rc!1' .:- ed W � Association For The Preservation Of Civil War Sites 54 A 90�' Nie REG - Cv lAxf ESii HU OBAR ;�E nGn„n Ta NG s RE�ERCvnE,,:, 54 7 12` on RP M1 �' i 54 > >n 4 ` Schrock �° n 54 7 7A s, y_5 ➢RARMmNn➢ Valiey}J� _. M1 Development.p OnEGHTS C� "�w� A�fRAR�GAnn,tt LLC Company of Ametrica�u 54 7 SA 54 Ar .>,99F ” "{� °'°`ERR OREER EtD M1k at' ,ti GRfEn ACRES AGEn, 5 I Mill Creek Investments, LLC' j f W {' _ Location Ma p ' 54 7 se �' t ti+ CUP#10-02 � Epling M1 7 sA 4 �+t ,r " �, N Shenandoah Mobile Co. M1M�}; ".��l` ➢ x4 PI N: RPS v t� J I �� TiN a' !'�iL}>t's� 4s1'dtfN FF' 54 - 7 - 7A N — - W E t '-',u!- /)(�<\\ 0 80 160 Feet SEPT. 3. 2002 �A WINCHESTER REGIONAL AIRPORT "EINGSERVING THE E 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 q� -4 (540) 662-2422 August 16, 2002 Lynn Koerner Shenandoah Tower Service, Ltd. Post Office Box 280 Edinburg, Virginia 22824 Re: 150' Telecommunication Tower Facility — Imboden Drive Conditional Use Permit Comments Dear Mr. Koerner: After thorough review by the Winchester Regional Airport Authority's engineering firm on the referenced tower facility, it appears that the proposed tower will not impact operations at the Winchester Regional Airport. However, the Winchester Regional Airport Authority reserves final comment until receipt in this office of the Federal Aviation Administration's determination of the aeronautical study and comments from the Virginia Department of Aviation. Upon receipt of either of these documents, please provide a copy to this office for review. If you have any questions, please do not hesitate to contact my office. Thank you for your cooperation. Sincerely, Serena R. Manuel Executive Director FILE No. 687 02,-10 '99 15:56 ID:SPRINT SPECTRUM L.P_, DC 202 225 2v92 PAGE 3 Pils No: 500"CW-TC-99 UNITIEA STATO OF AMWCA FEDERAL COMMUNICATWINS =114 wISSION WA"INGTON, an. 2"" CONWNT To TI;ANrlltt_'R Of CONTROL OF CORPORATION WLIi1N0 Ca&:#A I(4CIAl.1tADIC STATION COWNTRWTION P'tjRWr OR LIC&W&i L,ICpt16t►r: APG PGS, LLC ONE 00"RACY CENTER 6901 ROCKLEDGE DRIVE, SUITE 600 BETHESDA Mil 21208343 Fr" (TrAhsfam* To (TWWWO • AMERICAN PERSONAL CDMMUNICKnOUS 11, LP. 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Schrock and Dorothy A. Schrock, do hereby acknowledge that in the event Shenandoah Mobile Company erects a commercial telecommunications facility on real estate owned by us, and the facility is unused or not operated for a continuous period of twelve months, it shall be considered abandoned pursuant to the Zoning Ordinance of Frederick County, Virginia, specifically Sub -Section 165-48.6 B.(7), and should Shenandoah Mobile Company refuse or be unable to remove the tower from our real estate within 90 days of receipt of notice from the Frederick County Department of Planning and Zoning, we will be held responsible for the removal of the same. This Affidavit is given in accordance with Sub -Section 165-48.6 A.(4) of the Zoning Ordinance of Frederick County, Virginia. Given under our hands on this 18th day of July, 2002. (SEAL) arry R. Schrock \J�� (SEAL) Dorothy A chrock STATE OF VIRGINIA AT LARGE, To -Wit: Subscribed, sworn to and acknowledged before me in Frederick County, Virginia, by Larry R. Schrock and Dorothy A. Schrock, husband and wife, on this Iday of July, 2002. My commission expires: Notary Public i SEAL) SCHRO-Cl( Tour & Charter August 28, 2002 Your P a s5p o r+ $ o Trove(! Attention: Eric Lawrence County of Frederick Department of Planning & Development 107 N. Kent Street Winchester, VA 22601 Dear Mr. Lawrence: This letter is being sent to confirm the items of discussion in the meeting at our facility on Monday, August 26. We are embarrassed that you found it necessary to take action to get our site in compliance. Your inspection was done just two days after our 31 -day Alaska tour departed and I drove that tour. Therefore your `phone calls and your letter sat on my desk until 1 returned on August 21'. Plans had been made prior to my departure to get the exterior of our complex completed, i.e. tires and other accumulated items removed, calls had been made and the vehicles belonging to others were to be out of here before we returned, inquiries had been made about renting a grader to complete the landscaping, and some additional shrubbery and plants were on the agenda. You beat us to the draw. Please accept this as notice that we have every intention of making this place one you will be proud to have located in Frederick County. Not because of any regulations, but simply because we care and have a reputation to uphold We take pride in our equipment, our service and our property. Had circumstances this past year been anything other than they were, everything but the paving would have been completed. Since we are a small, family -operated company, we do much of the work ourselves and the business of keeping bills paid had to be a priority. Within the next month every effort will be made to complete our outside work, with the exception of the paving, of course, and we will notify you to "check us out" as soon as we have finished Thanks for your understanding Respectfully submitted, �V_ 1✓arry R Sc ock President UG LRS:da Pc: Rebecca Ragsdale c/ 220 Imboden Drive - Winchester, Virginia 22603 Toll Free 800.336.3953 - Phone 540.678.2871 - FAX 540.678.2873 - www.schrocktours.com - info@schrocktours.com Lm*g TE. Woy M 4�Chamber,.,Coniiiierce I AMERICAN BUS ASSOC IATI UN PFRINSYLVNNIA ULIS ASSN. VIRGINIA MOTORCOACH ASSOC. • a o . o . ,., ... _. .... .. Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, VIRGINIA 1. Applicant (The applicant if the owner other) NAME: ADDRESS: TELEPHONE 2. Please list all owners, occupants, or parties in interest of the property: r 3. The property is located at: (please give exact directions and include the route number of your road or street) I+ 31'E� y -e-1 P( R� C, �-V'CG! el -)CA o, 4. The property has a depth of 16 /,_ (Please be exact) S k-OrncV%e frontage of and consists 5. The property is owned by 11 as evidenced by deed from e._A.,, recorded (previous owner) in deed book no. on page as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No.� Magisterial District Current Zoning -k 7. Adjoining Property: USE ZONING North hwa'l (K f1(1- i East IC0YYI - i South m c i ri k}�- West 1�3 mef-c- V 8. The type of use proposed is (consult with the Planning Dept. before completing) A CL) tiY111'1PY L i1 T MP )�1�t�1yJ(�!1'� tji� 9. it is proposed that the following buildings will be constructed: [�n h; ► i I(►hO tZ2" - , (1) 0 �l 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME ��t,�Q ADDRESS` - lib la. Q., l�le �� '�' : PROPERTY ID# a � � � _ Sank NAME p }(1 �1� al��Q -�. �� nkfAVt�ADDRESS tiI l 7 i Co!-� .end �� PROPERTY IDI 1 -- 5 zo NAME -T> ry�y p ADDRESS h PR OPERCTY IDIAW,94 an) qL k0rf:L, NAME • l I `� DDRESS �L) i OCJ1es�er ' VA PROPERTY ID#rq W 3c)5 Char a rT� " �0LA-tC��'1tp �C -�r'1"eC\J(J� at ADDRESS "D PROPERTY ID#-haL NAME ADDRESS PROPERTY IDI NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. M-'q-sE P-E-F'e 12. Additional comments, if any: I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address Owners' Telephone No. , w-l�V --- 71 TO BE COMPLETED AV 2ONTNG ADMINISTRATOR: USE CODE: RENEWAL DATE: ZZ&( 124 South Main Street Edinburg, VA 22824-0459 (540) 984-3000 TWR077 IMBODEN DRIVE BAKER LANE INDUSTRIAL PARK STONEWALL DISTRICT - WINCHESTER, VA VICINITY MAP SYMBOLS AND ABBREVIATIONS *k/hR' wusrxtE Nwlmru.iF els sAs�ulw�ssla T-1 SITE � •yoke De . �1 e1 uruux�W x s c -t *S 'tl cat a � s u� A 1 (xxA x,ax xa S_t • Poll,� .: / . ¢�° Ca �varvi ( • . c1 or iW1 axl oA ...e. oxc vx.w x1c a w w caw.cr No re Yue a uxux p wo— V q., �Q ' � q U "WaY [0 E01vWxe LN0ux0 ext OPP ahV191[ 9 SPorEt[vAroY �'!p .. _.: ncc n(cmeu 0 fa:VAOw SN 5xttx f cf,analw( k C row (auk Ss IIMa(I$Ia0 Z ItA4 T �, BBxNAl19 Plk9 iEe Avp _ T + .n 15. r��t rMM4N1 AIol ort (xifwa 1IX 101 m K COY41[ IOP a WJaeY°' ) OE1Ar Ixue4 MMcheate! - -' Esq sn.nxmem wu. u 0 (too cuv wtm � ua �x uutss 1 4KI1 w.vxx DIRECTIONS TO SITE omens ", —c-- awwo w9 From Highway 81 Exit 315 proceed in towards Winchester to the ;rd lexC l(O HLPota1K x AI 1(GI(rt 1."". wIoLh rs Ft Collier Rood. lull rlyht Grd proceed until slop slgn Gl Baker Lane- (urn Right to test intersection an the right which m ImbodenDme "urn right and proceed to. enol of drill. Y. will enter the Sm,_ tools properly ✓roceea to the ri5hl of If,, broldny and betood and 020, left SHEET INDEX TITLE SHEET SITE PLAN DETAILED SITE PLAN AND ELEVATON PROJECT DESCRIPTION m[ Pxafcr Gxuvs rc ac mvxur�ar Avo sfaxna a Axuwa uu AsseoArto TauPVExI. ss¢ rnu e,r Euu . uaove owme �occ larousnufs wr of mrva a Iso: Lx(IC._1vA 1AIBFIIQ NIIFIWAS 6PN5059,JNN3 tOXUtr PDlJtlt (_ 1 .___ OF AMAIIW.Q Jf.tO•.x' f11ePM K EpIPYdr PM 10 p . tE-0' 10YFR —w. xoo'. awwe gPpD fiEYAYIt 6a5! IFIM"—w . Ywta c9xrAn Pmm1e svw wmEx mxrr: srmcwxL osrecl, rxl SHENTEL REVIEW wnxetlguxc Dart OAll SUBMITTALS trot r r cior rs um 1Y19 M—LAND ROAD, ixt FLOOR WILLOW GROVE, PA 19090 AHOltE•111x1 95)5000 Fax• 12.11 Tae+1o0 1 _09 N0. _�t(L10905e906_ MNK ONAxN: - nlecxcoie 1rm-1.—-- IMP. LYNN KOERNER SACT N/A CONST. NEIL FADELY RF. N/A A&E: SCOTT HEALEY TITLE SHEET TWRO77 QUIODEN DRIVE LANE INDUSTRIAL WINCHESTER, VA T.1 Nn 1 OF J H.H. I�EIH -I.- BY U., J�sAuITUR'wn,- B 111, 11 THTM.I. d� 1.E I.— IIII-ENUID BA .1111.1 Ir I I I I/,, —11 p— I B-HSi 'U— ANDO I.—Al"N' c E B.1 1-1 ANIINHAS I A .01—I A TO --BT IF ITT, MITTI N.T.I. I, I AN. AII—I. APPORTI—El E-.D 3 -T".-.'2,'1'1R A 1A.11L'U1 IIss I'UHLAANNITF A.. IT 1.1 '1. IT-. ,=ENO III IN N'.L I OCCUPANCY IS UUHtU I. RINI.- ... ff.A.TE NATT INTIRECTIOR, I T.— L'IR YOHM. .1 1HENT11 BE-- IT 6 IQ IISL. I—E. DUST OR DOOR III I—I IIII T15 PRG—L. 7. OUTDOOR III— AND IDLIT YALTUE CB.111 IT AND NOT PROPOOE I—I.B .11 DE .—BID FOR III 9 EITLFBOR -f15 ARE NOT dIOPOSED, EITRE-T AS REQUIRED BY TEDERALF. STATE OR TOWNSHIP DRTONANIEI5FTE.Ta —I. FOR.., 6 1- 1, FORC- 10 TOTAL AREA Of DIS—BANCE UNDER THIS PNU DSK' 4225 I,F. * 6V 6cY umUNDED I I TI.f A UB."I — BE UE51AGIED AND CONSTRUCTED N ACCORD.— RRE T STRUCTURAL STANDARDS FOR -F� —EIN, TOIENS AND ANTEN u- 1- 1 CCD 0 5 .. _NCTHi mo,oswD I rZ— ,,,,:T,RIIC71RE5(T��/E,-222-I)RIN 1U.A —1 .11 IU.WF�Tll $i mutnp)u 0 1 12 THE ��INES ATNA STORK NA CR RIALIFY DIE 10 THE LITCHEADE IN AT TOO PA 'N.Qi BF ALIERED `�) 1 _ ' Q j NATNAEE SRsHi [x STING UCTI— ARE I. I—ED, 13, A�Lr COISTRULTIDIIAN01 —ANO—M— — OQ.TOR1 TO —DATTLE O T,HH11 AUTI-11. —..I —1-DON 5 1 .. 1. .1 I.E —TRUTTACITAL p -I', SHALL BE PROTECTED A' ALL 1-5 �:' j�� ll ALL 'III Ill 1, TER. BAS, IIIII—. .. I.E. UUI�HAEI 'ITOUNHI'D z A THC FRGIER EHE11. II THE DR., II-I LDR—RE REGIIREI ' , /// I B'.. 'EAsE U) ON EI.— A� D.RECTEi 5 ENDIEDIS EXTREIE CAU7101 SHOUID BE U� �L I CO, NACRUH THRR OR THIN UKLANG AROUND DR 2HTIN' N RE." "LITIE'S EGITRAB70R SIALL UBMIME WEFT' FOR THE YORAING CA IT"S IL1—ITTE BIT 101 LRUIEI TO A� _ RR.FECUBN OIE C) EILCI-AlSAFETY I) IRI.I.N. I EXE BD.I.Ea 5L . AVAUB. AND- Fh•SJ ss' .1 ILL I .SE"EIZOR' SILL BE A� LARTICAIETT, ON THE BRIAING AND St-LA11D —T� TIC ITT. I'. I., rl—RI .0 .1HER THEHIVI., wit/OR . I.1IRIT.I —�I I .E'D, - 1.�L BE .1 A', N URS YA' IFT11-1-F YO 1 — E-11— .1 IHt 101K IID—T TO U,E . IIETTIB 1; t I., OF AF-N E326 MARYLAND RQAD, Ill FLOOR — AB�21- / / �// I I,., O.HFIS --el— B1 1, E"...RI 'IN 1.1 1 LIN:." WILD GRQLNE AN URTNO 'I:'.SC INFRO-111. D-LL E: — " F'OU PHONE-Ills' — —B B R,-IB'11i�111L BE C.- ED IT, THE -F11FU1 GRUIR AS FAx I—1—l— LEH— IR T' R-S 1zr 1 —1-1-11 1-1 DISTICT ILLEW.111-- IAT1 711 1 (,1, 7A) Ii qw 221 HIMufDm'.`RI1F' .F-T) U.—N, 9 7912 -A I, A TAI .1 -1 A, I. " , - ,,A, I, L A DEED IMP, LYNN KOERNER BEET, -I, AD, HHN SACT N/A —111 AC— f� i, IT) rNN USE: 'A�jNl CONSTi NEIL FADELY RFt N/A 1. . IiA1 G-75 A&E, SCOTT HEALEY PYLE SITE PLAN SITE PLAN A TWR077 WWI` IN A DRIVE RAKER LANE NOUSTRI PARK WINCHESTER, VA L C-1 V OPOSCO —NIFL FANCL NrCNNAS_ (EW. OF 6, S FUTURE) MONOPOLE ELEVATION 2 caarlTlc caL.E: Wm 2926 MARYLAND ROAD, 'It FLOOR .1— GROVE, IA 1000 FAX, 12f6I 1.,, —0 SEIi. O IMP, LYNN KOERNER SAC, N/A CONST, NEIL FADELY FIFE N/A A&E, SCOTT HEALEY trr.[ DETAILED SITE PLAN AND ELEVATION TWRO77 IMBODEN DRIVE BAKER LANE INDUSTRIAL PARK WINCHESTER, VA OnnxwO serel S-1 arta NO 5 u a SECTOR ATWIH ANTENNA TYPE ANTENNA CENTER LME CADit SIZE ONE — 0' TWO 180' 950r6:Ir221-M 95016512li-M _950r65127r-M 1500'1 (/6 METERS) ACL 1500'± ((6 METERS) AGE 1 -5(8 - 1-S/8' TIRE[ 250 1500_(!6 METERS) ACT I-5/8" / ; \ ROFOSED B' / --FENCE w/1RD GREEN >RI11GY SLAiS RllEl) -. \ // GGE.cau,NMEN1 11 Anj \ 4 IF 1 OSFO ^ /c/ DESS Gn 1C ti. k// ✓CG •-F.ir uENI C—[tS i I] AIDE t GNA— GCESS FOM –... _ ` / DETAILED SITE PLAN_ 1 CRAPHR .SCALE. V OPOSCO —NIFL FANCL NrCNNAS_ (EW. OF 6, S FUTURE) MONOPOLE ELEVATION 2 caarlTlc caL.E: Wm 2926 MARYLAND ROAD, 'It FLOOR .1— GROVE, IA 1000 FAX, 12f6I 1.,, —0 SEIi. O IMP, LYNN KOERNER SAC, N/A CONST, NEIL FADELY FIFE N/A A&E, SCOTT HEALEY trr.[ DETAILED SITE PLAN AND ELEVATION TWRO77 IMBODEN DRIVE BAKER LANE INDUSTRIAL PARK WINCHESTER, VA OnnxwO serel S-1 arta NO 5 u a SECTOR ATWIH ANTENNA TYPE ANTENNA CENTER LME CADit SIZE ONE — 0' TWO 180' 950r6:Ir221-M 95016512li-M _950r65127r-M 1500'1 (/6 METERS) ACL 1500'± ((6 METERS) AGE 1 -5(8 - 1-S/8' TIRE[ 250 1500_(!6 METERS) ACT I-5/8" V OPOSCO —NIFL FANCL NrCNNAS_ (EW. OF 6, S FUTURE) MONOPOLE ELEVATION 2 caarlTlc caL.E: Wm 2926 MARYLAND ROAD, 'It FLOOR .1— GROVE, IA 1000 FAX, 12f6I 1.,, —0 SEIi. O IMP, LYNN KOERNER SAC, N/A CONST, NEIL FADELY FIFE N/A A&E, SCOTT HEALEY trr.[ DETAILED SITE PLAN AND ELEVATION TWRO77 IMBODEN DRIVE BAKER LANE INDUSTRIAL PARK WINCHESTER, VA OnnxwO serel S-1 arta NO 5 u a TO: FROM: RE: DATE: COUNTY of FREDERICK Department of Planning and Development MEMORANDUM Frederick County Planning Commission Patrick T. Davenport, Zoning and Subdivision Administrator Request of Exception - Robert Simmons August 29, 2002 540/665-5651 FAX: 540/665-6395 Mr. Robert Simmons is requesting approval for a boundary line adjustment on his property located at 366 Stony Hill Road (Route 688) in the Gainesboro Magisterial District. This proposed boundary line adjustment is illustrated on Exhibit "A". Mr. Simmons owns approximately 0.56 acre and the subject property contains an existing dwelling. The boundary line adjustment would add approximately 2,539 square feet (0.058 acre) to the adjoining tax parcel 28 -A -161A owned by Mr. Adams. The reason for the boundary line adjustment is to resolve a septic drainfield easement agreement between Mr. Simmons and the adjoining property owner. The agreement also includes establishing the new boundary line along the existing fence line. Currently, the existing dwelling is situated approximately 39.0 feet from the eastern property line. The new side setback for the dwelling would be 25.0 feet, which is 25.0 feet less than the 50 -foot side setbacks required by §165-55A(2). The proposed subdivision will also establish anew (adjusted) lot containing less than five acres in area. Chapter § 165-54 requires that the minimum lot size for traditional lots in the RA District must be five acres with the exception of Family Variance Lots or Rural Preservation Lots. Included in the agenda is a letter dated August 26, 2002, received from Mr. Simmons of Complete Restoration Services, Inc., which requests a waiver to the subdivision ordinance to enable the proposed boundary line adjustment. In accordance with Chapter §144-5 of the Subdivision Ordinance, Mr. Simmons is requesting an exception to § 165-54 and § 165-55A(2) of the zoning ordinance to: Enable the subdivision (boundary line adjustment) of a parcel of land which is less than five acres in area. Enable the setback for the existing dwelling, currently less than fifty (50) feet, to be further reduced. A recommendation from the Planning Commission forwarded to the Board of Supervisors regarding this request would be appropriate. PTD/ch Attachments O Agendas\COMMENTS\Waivers\Simmons waiver repon.wpd 107 North Kent Street • Winc-hester, Virginia 22601-5000 August 26, 2002 VIA: HAND DELIVERED Mr. Patrick Davenport, Zoning Administrator Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: Complete Restoration Services, Inc. Dear Mr. Davenport: This will request the granting of a waiver by the Board of Supervisors of Frederick County for a boundary line adjustment, as more particularly set forth in the Information Form, plat and documents filed. Very truly yours, Complete Restoration Services, Inc. Robert'Simmons, President A U G 2 6' 2002 Date: 08/26/02 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street s Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX: 540/665-6395 WAIVER/EXCEPTIONS REQUEST INFORMATION FORINT AUG DEFT, Ui f' Hi Ni Nu 0V l.()P�vlri~J l Requesting person/Agent: Eoh .ri- Simmons, PrP -,i r3ent-('nmp1 Pf-r� Ractnrai-i nn Sp-ru j r'eSy Inc Address: 3070B Shawnee Drive, Winchester, VA 22601 Phone: ( 540) 723-6264/(571) 437-0783 Contact Person: Robert Simmons "roperty Location: 0.5055 acres, Stony Hill Road, Gainesboro Magisterial District, Frederick Countv. Vircrini Magisterial District: Gainesboro Magisterial District Property Identification Number (PIN): 28-A-163 Property zoning and current use: - RA -residential Waiver request details (include specific ordinance requirements to be waived): See attached Attachments: _Completed adjoining properties info. sheet(s); ✓Existing/recorded and proposed plat(s) CAMyFiles\Waiverslwaiver request formmpd Lot 163 is an, existing legal non -conforming lot as to lot size and side yard setbacks. The proposed boundary line adjustment would slightly increase the unconformity in both respects. The reason for the boundary line adjustment is that it was discovered that the drainfield for Lot 163 extended onto the adjoining property (Lot 161C). Also, upon being surveyed, it was determined that the existing fence between the properties is not on the boundary line. An agreement was reached between the property owners for Lot 163 to be granted a drainfield easement on Lot 161C for the existing drainfield, in return for the boundary line between the properties being adjusted to conform to the existing fence. EXHIBIT "A" C O V E R S H E E T BOUNDARY ADJUSTMENT SURVEY OF TAX MAP SECTION 28 LOT 163 & LOT 161C Gainesboro Magisterial District NEAR GORE F R E D E R I C K C O U N T Y V A_ rCERTIFICATE prepared by:JOSEPH G. BROGAN, SR.PROFESSIONAL LAND SURVEYOR P.O. BOX 1578 FRONT ROYAL, VA. 22630TEL & FAX (540) 635-5657JULY 31, 2002AA `k ADDENDUM AUGUST 26, 2002�� •.7• :�•,• �• • M*. VA71 1 •• •• 17.7: M7 1 1 r• 1 I •. 17-7: • 1 .171 ` 1 1 1 r• ;7. r. •• 1• 711 • a. •• ` • -17- •7► 1 + 11 • n - :. � 1 • •+ . • 11 �- `•• 1.71 : 117 W 171 I 1 I • 17- •17 JY/ •" i :JI 17- •7.1 1 1 r. 117► P+Nb ••7 •'••'7• • 11 ••• ;•• 17 R7►•• 1E, 2 91mr.1 q11 • { 11 1 I :• �.,1+• IA •' i I •• HI �• P CWM'S THE UNDERSIGNED OWNER'S HEREBY CERTIFY THAT THE LAND ADJUSTED WAS ACQUIRED BY COMPLETE RESTORATION SERVICES, INC. IN DEED BOOK 963 PAGE 820, ON April 19, 2000 &`CHARLES FRANKLIN ADAMS IN DEED BOOK 599 PAGE 635, ON August 19, 1985. THIS BOUNDARY LINE ADJUSTMENT AS IT APPEARS ON THE ACCOMPANYING PLAT IS WITH THE FREE CONSENT AND DESIRE OF THE UNDERSIGNED OWNERS, AND THE SAME IS HEREBY CONFIRMED AND SUBMITTED FOR RECORD IN THE CLERK'S OFFICE OF FREDERICK COUNTY, VIRGINIA. COMPLETE RESTORATION SERVICES, INC. BY y7 (GU'l _sr S i, -w—.. Robert Simmons, President Charles Franklin Adams Acknowledged befroe me this day of 2002. My Commission expires Notary CERTIFICATE OF APPROVAL This Boundary Line Adjustment is approved by the undersigned in accordance with existing Subdivision Regulations and may be admitted to record. Date Frederick County Subdivision Adm. S H E E T O N E O F T W O �•(y� F w P•R sc KS '�'.. iNl I YY - '' -•'• . •• AM ass S MAI Y "/44C heC3-416 4P' WtOE /SEK 4o717? pP-9VE0 4 = 02-49'04 CNc /ZS. 3? CB = Al7S 4?Etop ARE.1sD.0oio.gc. J' NFW toT h R�a548. 55 <. i2*I.69 a° N. Q m v � � n V � yl�p a A� Q6� Yco 5 Q v 11 k WQ �e G ,VEw caT/63 e Q'eEq r p. SO S,5,y (AREA=O.S6$8A t e _ 0 ... PLeas O S77' /O i 78W t Ohn ?S.00 6 A9a249'33 W e <o civ! ro eC y4C. Tie r.M..cor /G/ c Y/`+o�JMS 5996$5 "".'9r 9164a ZoNf RA !✓.�cir .vT� NO TITLE REPORT FURNISHED TO THIS OFFICE. SUBJEC'P TO ANY AND ALL EASETM S OF RECORD. O denotes existing pipe, unless noted otherwise. ® denotes pin set. DERIVATION OF TITLE TO COMPLETE RESTORATION SFRVICES, INC. IN 963/820. PROPERTY SHOT#ff ON TAX MAP SECTION 28 LOT 163. ZONED RA. NOT IN FLOOD ZONE. ZONE. C PER FIRM MAP PANEL NO. 510063 0050 B, F.FFELTIVE DATE 07/17/78. * THIS AREA 0.0010 ac. IS TO BE ADDED TO LOT 163, AND NOT A SEPARATE PARCEL. ** THIS AREA 0.0593 ac. IS TO BE ADDED TO AND BECOME AN INTEGRAL PART OF LOT 161 C, AND NOT A SEPARATE PARCEL. I I I D So /oa SCocG /'=So' BOUNDARY ADJUSTMENT SURVEY OF TAX MAP SECTION 28 LOT 163 AND LOT 161 C Gainesboro Magisterial District NEAR GORE, F R E D E R I C K C O U N T Y, V A. prepared by JOSEPH G. BROGAN, SR. PROFESSIONAL LAND SURVEYOR P. 0. BOX 1578, FRONT ROYAL, VA. 22630 Tel & Fax 540-635-5657 JUNE 19, 2000 BOUNDARY ADJUSTMENT SURVEY JULY 11, 2002fy"� ADD COVER SHEET JULY 31, 2002 �� ADDENDUM AUGUST 26, 2002 SHEET 2WOOF TWO �4+,Fi. I4* O I jmkPR G. BROGAN, SR. ' CERT19CATE NO, a a �D Ep IdD S�� TO: FROM: RE: DATE: COUNTY of FREDERICK Department of Planning and Development MEMORANDUM Frederick County Planning Commission Patrick T. Davenport, Zoning and Subdivision Administrator Request of Exception - John and Lois Slater August 29, 2002 540/665-5651 FAX: 540/665-6395 John and Lois Slater are requesting to subdivide their property located along Dicks Hollow Road (Route 608) in the Gainesboro Magisterial District. This proposed subdivision is illustrated on Exhibit "A". The Slaters own approximately 12.02 acres and Exhibit "A" illustrates that the subject property contains land on both sides of Route 608 (Dicks Hollow Road). Approximately 10.25 acres are situated on the east side and approximately 1.77 acres are situated on the west side of Route 608. The Slaters are proposing to subdivide the property by allowing the right-of-way of Route 608 to create the division lines. An existing dwelling (199 Dicks Hollow Road) is located on the west side of Route 608. Included in the agenda is a letter dated July 19, 2002, received from Greenway Engineering which requested a separate Property Identification Number for the portion of the property on the east side of Route 608. Staff provided a response letter dated July 29, 2002, which denied the request and informed Greenway Engineering that a waiver granted by the Board of Supervisors would be necessary to allow the subdivision that is currently being requested. In accordance with Chapter § 144-5 of the Subdivision Ordinance, the Slaters are requesting an exception to § 165-54A of the Zoning Ordinance to enable the subdivision of a parcel of land which is less than five acres in area. A recommendation from the Planning Commission forwarded to the Board of Supervisors regarding this request would be appropriate. PTD/ch Attachments O \Agendas\COMMON"I'S\Waivers\Slater waiver repomwpd 107 North Kent Street • Winchester, Virginia 22691-5000 g�, i 1J�-.J11JI 7 151 Win& 1 tin t..,ne 14imhcstci; Virgini.i 22602 August 21, 2002 Frederick County Planning & Development 107 North Kent Street Winchester, VA 22601 Attn: Patrick Davenport, Zoning & Subdivision Administrator Re: Join and Lois Slater Subdivision Waiver Request — P.I.N. 52-A-9 Dear Mr. Davenport: Greenway Engineering is representing Mr. And Mrs. John Slater to establish a separate tax identification # for a previous division of the referenced parcel. This parcel is divided by Dick's Hollow Road (Route 608), which is a 40' wide fee simple right-of-way. The improvement of Dick's Hollow Road by the Commonwealth of Virgir_ia has created a 10.253 -acre parcel to the southeast and a 1.769 -acre parcel to the northwest. The information in your letter dated July 29, 2002 indicates that the division of this parcel by a fee simple right-of-way does not establish a legal subdivision of land, as a plat for the 10.253 -acre parcel and the 1.769 -acre parcel was not approved by the Frederick County Subdivision Administrator when this fee simple right-of-way was obtained. Therefore, it is your determination that the remedy is to obtain a waiver as provided for in Section 144-5 of the Frederick County Subdivision Ordinance. Specifically, this waiver is to request the Board of Supervisors to approve a division for the 1.769 -acre parcel that is less than the minimum lot size of five (5) acres, Section 165-54-A of the Frederick County Zoning Ordinance. Please find attached a copy of your letter dated July 29, 2002, a location map identifying the Slater property and the plats for the portions of the Slater property that were divided by the Dick's Hollow Road 40' fee simple right-of-way. Please include this item on the September 4, 2002 Planning Commission agenda to begin the process for this waiver request. Please advise me if any additional information is required for this request. Sincerely, Greenway Engineering i Darren S. Foltz, L.S. Cc: John and Lois Slater higineers Survceors File X270/DSF/eaw/dls Telephone -540-602-4185 FAX ;4072 '-1)528 www.grcenwayeng.com AUG -21-02 14:40 FROM-GREENWAY ENGINEERING P C. _ GREENWAY ENGINEERING " 1.51 Windy Hill Lane Winchester, Virginia 22602 Puundui in 1991 5407229526 T-979 P 001/001 F-053 -0 A, N c'M �A T Project Name: Jahn Slater ]Property File No.: 270 Date: August 21, 2002 To: FC Plauning Attn: Patrick Davenport 665--(� 3 5 rix Copied: From: Darren Foltz/ds GREENWAY ENGINRERING Phone: 540-662-4155 Fax: 540-722-9525 Remarks: l- Urgent r.-: For Your Review As You Requested T` Please Comment Message: Patrick, Please remove the Slater lot division from the current agenda. We are revising, our proposal. Thank you ,for your assistance with this project. Call with any concerns. Engineers Surveyors Telephone 540-662-4185 FAX 540-722-9528 greenway@visualUnk.com k.com COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAY: 540/665-6395 July 29, 2002 Greenway Engineering Attention: Mr. Darren Foltz ;I ;Mindy Hill Lane Winchester, VA 22602 RE: Request for Subdivision of Property - PIN: 52-A-9 (199 Dicks Hollow Road) Zoning District: RA (Rural Areas); Gainesboro Magisterial District Dear Darren: Your letter dated July 19, 2002, was received by this office on the same day that you requested a new (additional) property identification number for the portion of the property on the east side of Route 608 (Dick's Hollow Road). The subject property is divided by Route 608 with 1.769 acres and a dwelling on the east side of the road, and the remaining 10.253 acres exists on the west side of the road. Route 608 is a 40' wide fee simple right-of-way. In the letter, you stated that since Route 608 (a fee simple right- of - way) bisects the property, a separate tax map identification number should be assigned to the eastern section of land. The process of assigning new tax map numbers results from subdivisions of land. Although a right-of-way bisects the property, the property is considered a single parcel until a subdivision of the property is approved by this County and legally recorded. The process to achieve this particular subdivision is to request a waiver from the Board of Supervisors to create a parcel that is less than the required area (five acres) for that zoning district (§ 165-54A). In accordance with the Subdivision Ordinance § 144-5, you have the right to appeal this determination to the Board of Supervisors, with a recommendation from the Planning Commission. If you decide to seek an appeal, you must submit that request in writing and attach a preliminary subdivision plat of the subject property. When the appeal letter and preliminary plat is received by this office, the appeal will be scheduled for the earliest available Planning Commission and Board of Supervisors meetings. If you have any questions regarding this letter, please feel free to call. Sincerely, Patrick T. Davenport Zoning and Subdivision Administrator PTD/ch Cc: Sidney A. Reyes, Gainesboro District Board Member em: George J. Kriz, Gainesboro District PC Member re Charles E. Triplett, Gainesboro District PC Member l=t,Patnck-%Common\S_D `,6aivers\S1Tyj1rK tffWKent Street • Winchester, Virginia 22601-5000 I ,I 'Airnl} I liI I.Inc July 19, 2002 _J 111 L]J.t .a e J 3..i.1 � 9 Frederick County Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Attn: Patrick Davenport, Zoning and Subdivision Administrator Re: John Slater Property — New Tax # Request Dear Patrick: My client, John Slater, owns Tax Map Parcel #52-((A))-9 in the Gainesboro District. This parcel is split by Route 608 (Dick's Hollow Road), which is a 40' right-of-way (fee simple ownership by the Commonwealth of Virginia). Greenway Engineering surveyed the property on September 12, 1980 (see attached plats). Although this property is taxed as one parcel, my client believes the road has subdivided his property into two parcels and is requesting a new and separate Tax ID number for the portion of ground on the east side of Route 608. Thank you for your assistance with this project. Please contact me with any concerns or need for additional information. Sincerely, Greenway En neering Darren S. Foltz, LS �J CC: John Slater BL I n�;ir,'c-rti tiuran,rs Pile #270/1)SF/dts lv"%%v.i;fccmv., •('nti_i i Ml Slater Subdivision Waiver PIN 52-A-9 29 See 31 261-372 S 27 1't.5� 32 1 �6, 28 Reed 31 H 33 34 6' °'�k 5D 40 1 6 c 331-530 2 E 3 J v / 4 Ml ^� L e M � 3se 5 A A F 3s,� 3 4 B G 1 1 s-5 N 7 Q H1 �p 8 P x� 13 A �4e 15 14 4C f:'l6 17 a 368-1 v �Qser HOOP �� 13 �oa�`��18 TTI CO TI��- 9 Q15 78��Q' s 19 �? H i K h� 20 as� 7 FARLAND LAND r SANDY LAND r�V V � \(nJ F1p. } NLTIJ pF H. BRUCE EDENS "x CERTIFICATE No. Y 54-11-3 (a)965 54.17-3 (b)162 1� rFb LAND caw PLAT OF A PORTON OF ME LAND OF RAY R- McDONALD GAIMES&ORD DISMICT, FREDERICK COUNTY VIRGINIA Scae: /' 50'- September 12, 1980 Prepared by GREENWAY ENG/NEER/NG 9 SURVEY/NG CO., 11W P 0. BOX 666 WINCHESTER, VIRGINIA i•P� � -� areer N NW • •a o b, N 69 97& E w .. ...N 54. 4 E Wo. N 85007 'E . •{0 /0��9. O.. " 14.70 �k0. W24'E h • ' 0 • { • •ps" �•gg'2,4'E 0 /O, 25,5 11 u Acres °r N51147'58'E w .... 49.91' a. Pc' y \qI A. �Sco% p` n+.�s•474z w 447.39 Hewitt EXH."BIT "A►" L-;, o,r,S I;Q39� THIS DEED made and entered into this 1 day of May, 2000, by and between AR. M. MCDONALD and WA1: Y JANE MCDONALD, his wife, BASIL L. MCDONALD d NANCY BETE MCDONALD, hix wife, LOIS L. McDoNA D, now known as LOIS LOUISE SLATER and JOHN H. SLATER, her husband, and BEVERLEY H. CDO14ALD and BRENDA MCDONALD, his wifa, parties of the first part, hereinafter w called the Grantors and, JOHN H. SLATER amad LOIS LOSE SLATER, his T rife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in band aid and other good and valuable consideration, the receipt whereof is hereby zacknowledged, the Grantors do hereby grant and convey with General Warranty and � > English Covenants of Title unto the Grantees, in fee simple, as tenants by the entirety, ® with rights of survivorship as at common law, together with all rights, rights of way, Jig restrictions and appurtenances thereto belonging, the following realty: ALL OF THAT certain tract or ,parcel of land, containing ten (10) acres, more or less, together with all improvements and appurtenances thereto belonging, lying and being situate about five (S) miles West of Winchester, in Gainesboro District, Frederick County, Virginia, on both sides of what is known as the Dix (Dick's) Hollow Road. LESS AND EXCEPT all that certain lot or parcel of land, lying and being situate on the west side of Virginia State Secondary Road No. 608, otherwise known as Dick's Hollow Road, fronting thereon a distance of 30 feet and running westwardly between parallel lines for an equal distance of 85 feet, more or less, to the land of H-R, Sandy and Sylvia Sandy, his wife, being 30 feet in width at the rear, and bounded on the north by the property of George Kerns and on the south by the remaining property of Ray R. McDonald and Iva M. McDonald, his wife. Said Less and Except is recorded in Deed dated June 23, 1961 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in SATAW, xc. Deed Book 273, at Page 232. ArroaNm Al LAS' !►INCHLtt[9L VI101lQ4 AND BEING the same property conveyed to Ray McDonald by Deed from. Fred Snapp, et als, dated July 12, 1943 and recorded rninwa z- 1'_C ATM9X6T. Ai LAei •iNCliKMV- V1101NIA 965)(^' 0395 in the aforesaid Clerk's Office in Deed Book 188, at Page 461. AND FURTHER 1BEIl G the same property conveyed to Ray R. McDonald and Iva M. McDonald, his wife, as tenants by the entirety, with right of survivorship as at common law, by Deed from Ray McDonald and Iva M. McDonald, his wife, dated May 13, 1980 and recorded in the aforesaid Clerk's Office in Deed Boole 521, at Page 530. The said Ray R. McDonald died testate on December 4, 1980, and by his Last Will and Testament probated in Will Hook 116, at page 400, devised subject property to Iva M. McDonald, as surviving tenant. The said Iva M. McDonald died testate on October 31, 1999 and by her Last Will and Testament probated in Will Book 116, at Page 403, devised subject property to Carl M. McDonald, Basil L. McDonald, Lois L. McDonald and Beverley H. McDonald. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject realty. Reference is here made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. The female Grantors, Mary Jane McDonald, wife of Carl M. McDonald, Nancy Sue McDonald, wife of Basil L. McDonald, Brenda McDonald, wife of Beverley H. McDonald hereby join in this Deed for the purpose of relinquishing, conveying and ,eleasirsg any and all right, claim, title or interest which they had, have, or ever may ,iave in and to the subject property, including but not limited to Statutory rights and -fights of the augmented estate. ;;�.d•, �.� 'r,, 'NESS the following signatures and seals:EAL ) CARL M. MCDONALD (scAT ),,.... MARY VA NMCDU�`ii"tl.i� BASIL L. MCDOttAi.D = y i U= 0 DRIANG P.C. )TMRNITS AT LAW I1MUTIR. VIRGINIA EA 965 G 0 3 9 6 (SEAL) ''.... . BRENDA MCDONALD i COMMONWEALTH OF VIRGINIA j CITY OF WINCHESTER, to -wit: I, B ' SI Fin!/ �1�., + � • '. . a Notary Public in and for the State and City aforesaid, do certify that CARL M. MCDONALD, whose name is signed to the foregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this 1 day of May, 2000. _ 06__V�_ �J NOTARY PUBLIC My Commission expires: d 3- � COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: ' I, . 2�D Joa Z, C-1191-" 71,9W , a Notary Public in and for the State and City aforesaid, do certify that MARY JANE MCDONALD, whose name is signed to the roregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this _V�Aay of May, 2000. / r NOTARY PUBLIC My Commission expires: 3 (SEAL) NANCY SUE MCDONALD (SEAL) LOIS L. MCDONALD SLATE (now known as Trois Louise SI ter) t�J (SEAL) ' rQ HN H. SLATER (SEAL) BEVERLEY H. MCDONALD (SEAL) ''.... . BRENDA MCDONALD i COMMONWEALTH OF VIRGINIA j CITY OF WINCHESTER, to -wit: I, B ' SI Fin!/ �1�., + � • '. . a Notary Public in and for the State and City aforesaid, do certify that CARL M. MCDONALD, whose name is signed to the foregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this 1 day of May, 2000. _ 06__V�_ �J NOTARY PUBLIC My Commission expires: d 3- � COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: ' I, . 2�D Joa Z, C-1191-" 71,9W , a Notary Public in and for the State and City aforesaid, do certify that MARY JANE MCDONALD, whose name is signed to the roregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this _V�Aay of May, 2000. / r NOTARY PUBLIC My Commission expires: 3 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: BIN 65PGO391 1, MAA -4 / , a Notary Public in and for the State and City aforesaid, do certify that BASIL L. MCDONALD, whose name is signed to the foregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this L_)± day of May, 2000. NOTARY PUBLIC My Commission expires: &Q a -2,f= (] ;:? COMMONWEALTH OF VIRGINIA C17Y OF WINCHESTER, to -wit: I, 1 4,42164 /- , (;1lle1-5 TL4Z- , a Notary Public in and for the State and City aforesaid, do certify that NANCY SUE MCDONALD, whose name is signed to the foregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this la"'` day of May, 2000.1 NO'T'ARY PUBLIC My Commission expires: LQ), 6 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: 1, 116AIIf 4 2a C-AZI.5 7_/AA( , a Notary Public in and for the State and City aforesaid, do certify that LOIS L. MCDONALD SLATER, whose name is signed to the foregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this day of May, 2000. NOTARY PUBLIC My Commission expires: uZ a?od mmm * atm r c. COMMONWEALTH OF VIRGINIA kTMRNQT3 A7 LAW CITY OF WINCHESTER, to -wit: NCHNITZY. VINOMIA I, �—, a Notary Public in and for the State and 4 MIMM a Uvom P r ArM"91$ Al LAW INCl1NnA. VIRGINIA [:;;9t"D5)" 0398 City aforesaid, do certify that JOHN H. SLATER, whose name is signed to the foregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this day of May, 2000. NOTARY PUBLIC My Commission expires: a., &26O4 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: 1, ��(' �L t (moi+ ?�,SL , a Notary Public in and for the State and City aforesaid, do certify that BEVERLEY H. MCDONAIaD, whose name is signed to the foregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this //'� day of May, 2000. NOTARY PUBLIC My Commission expires: d1w o q2i% a2&73 COMMONWEALTH OF VIRGINIA CITY OF WINCHESTER, to -wit: l,'i�s ' a;, (Z •fir, -k �a�, a Notary Public in and for the State and City aforesaid, do certify that BRENDA MCDONALD, whose name is signed to the foregoing instrument, has this day personally appeared before me in my State and jurisdiction aforesaid and acknowledged the same. Given under my hand this A� day of May, 2000. • . l:l�:..� NOTARY PUBLIC t,i•*�' - My Commission expires: VIRGINIA: FREDERICK OGUNTY, SCI: This instrument of writing was pptoduced to me ali on �O�� -' i �1 .in and wit `'tics of acicomedgeirtent thereto annexed was adnKiited to record. Tax imposed by &C. 5S.1 -8W ai S 041 , and 58.1-801 have beon paid, if auO ub&