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PC 02-21-01 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia FEBRUARY 21, 2001 7:00 P.M. CALL TO ORDER TAB 1) January 3, 2001 Minutes ................................................. (A) 2) Committee Reports ................................................ (no tab) 3) Citizen Comments ................................................. (no tab) PUBLIC HEARING 4) Rezoning #01-01 of Southern Hills (continued from 1-3-01), submitted by G. W. Clifford & Associates, Inc., to rezone a 105 -acre tract of land from RA (Rural Areas) to RP (Residential Performance) to establish 250 single-family residential lots. This property is located south of Stephens City, east of Interstate 81; 0.8 miles south of Route 277 (Fairfax Pike) on the east side of Town Run Lane (Route 1012), and is identified with Property Identification Number 85-A-138 in the Opequon Magisterial District. (Mr. Wyatt)..........................................................(B) 5) Rezoning #02-01 of Irougate, Inc., submitted by Painter -Lewis, P.L.C., to rezone a 14.43 - acre portion of a 48.26 -acre tract from. RA (Rural Areas) to M1 (Light Industrial). This property is located on the south side of Fairfax Pike (Route 277), approximately 1 %4 miles west of the Clarke County line and identified with Property Identification Number 87-A-12 in the Opequon Magisterial District. (Mr. Wyatt) ............................................. ............. (C) 6) Rezoning #03-01 of Jeffrey E. Williams, submitted by G.W. Clifford & Associates, Inc., to rezone 1.75 acres from RA (Rural Areas) to R5 (Residential Recreational). This property is located 1.7 miles south of Double Tollgate on the west side of Route 340 and 522 South and identified with Property Identification Number 94-A-1 in the Opequon Magisterial District. (Mr. Wyatt)..........................................................(D) 7) 2001-2002 Capital Improvements Plan (CIP) (Mr. Wyatt)..........................................................(E) PUBLIC MEETING 8) Waiver Request by The Hard Way, L.C. and James H. Adams, Jr. to grant an exception from the requirements of Section 144-31 C (3) ofthe Frederick County Subdivision Ordinance requiring that easements providing access to lots within minor rural subdivisions be a minimum of 50 feet in width. This property is located southwest of Route 522 on Quiet Meadow Lane and is identified with Property Identification Number 30-A-122 in the Gainesboro Magisterial District. (Mr. Lawrence) ........................................................ (F) 9) Subdivision #05-01 of Orchard Terrace, Inc. to subdivide a 13.2748 -acre tract into three lots. The property is located at the intersections of North Kent Street, Brick Kiln Road, and Smithfield Avenue and is identified with Property Identification Number 54-A-65 in the Stonewall Magisterial District. (Mr. Lawrence) .......................................................(G) 10) Other Page 2 0 0 0 MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Frederick County Administration Building at 107 North Kent Street in Winchester, Virginia on January 3, 2001. PRESENT: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice -Chairman, Back Creek District; Greg L. Unger, Back Creek District; John H. Light, Stonewall District; George J. Kriz, Gainesboro District; W. Wayne Miller, Gainesboro District; Richard C. Ours, Opequon District; Robert A. Morris, Shawnee District; Roger L. Thomas, Opequon District; Gene E. Fisher, Citizen at Large; Sidney A. Reyes, Board Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Vincent DiBenedetto, Winchester City Liaison STAFF PRESENT: Evan A. Wyatt, Acting Planning Director; Eric R. Lawrence, Zoning Administrator; Jeremy F. Camp, Planner I; Howard R. Long, III, Planner I, and Renee' S. Arlotta, Clerk. CALL TO ORDER Chairman DeHaven called the meeting to order at 7:00 p.m. ELECTION OF OFFICERS & MEETING SCHEDULE FOR 2001 Election of Charles S. DeHaven, Jr., Chairman The Chairman declared nominations open for Chairman. The nomination of Charles S. DeHaven, Jr., for Chairman was made by Mr. Marker and seconded by Mr. Light. Motion was made by Mr. Thomas, seconded by Mr. Kriz, and unanimously passed to close nominations for Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Charles S. DeHaven, Jr., as Chairman of the Planning Commission for the Year of 2001. Frederick County Planning Commission Minutes of January 3, 2001 Page 598 -2 - Election of Roer L. Thomas, Vice Chairman Chairman DeHaven declared nominations open for Vice Chairman. The nomination of Roger L. Thomas was made by Mr. Marker and seconded by Mr. Ours. Motion was made by Mr. Light, seconded by Mr. Kriz, and unanimously passed to close the nominations for Vice Chairman. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Mr. Roger L. Thomas as Vice Chairman of the Planning Commission for the Year of 2001. Election of Evan A. Wyatt, Secretary Chairman DeHaven declared nominations open for Secretary. The nomination of Evan A. Wyatt was made by Mr. Marker and seconded by Mr. Light. Motion was made by Mr. Thomas, seconded by Mr. Kriz, and unanimously passed to close the nominations for Secretary. BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously elect Mr. Evan A. Wyatt as Secretary of the Planning Commission for the Year of 2001. 2001 Meeting Schedule Upon motion made by Mr. Miller and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission voted unanimously to have their regular monthly meetings on the first and third Wednesdays of each month at 7:00 p.m. to be held in the Board of Supervisors meeting room, the Comprehensive Plans & Programs Subcommittee on the second Monday of each month at 7:30 p.m. to be held in the first floor Conference Room, and the Development Review & Regulations Subcommittee on the fourth Thursday of each month at 7:30 p.m. in the first floor Conference Room. Frederick County Planning Commission Minutes of January 3, 2001 Page 599 MEETING MINUTES - November 15, 2000 Upon motion made by Mr. Ours and seconded by Mr. Kriz, the minutes of November 15, 2000 were unanimously approved as presented. COMMITTEE, P -;PORTS Sanitation Authority -12/19/00 Mtg. Mr. Miller reported that the Sanitation Authority's Engineer/Director, Wellington Jones, stated that bids for the two projects extending sewer to Echo Village were received; Perry Engineering Co. is the low bidder for the Echo Village to Rt. 11 project and APAC-Virginia is the low bidder for the project from Rt. 11 to the existing sewer line on the H.P. Hood property. It was also reported that a draft contract has been prepared for the water and sewer system at the Shenandoah development at Lake Frederick. The wastewater plant will belong to the Frederick -Winchester Service Authority and will be operated by the Sanitation Authority using the same arrangements as for the Parkins Mill plant. Mr. Miller also reported that the Authority approved the amended contract with the City of Winchester which obligates the City of Winchester to furnish the Authority a maximum of 2.0 million gallons of water per day and may provide up to 4.0 million gallons of water per day. He said that the amendment also guarantees the City of Winchester that the Authority will pay for 750,000 gallons of water per day whether it has requested or received that quantity or not. Mr. Miller reported that the amendment allows for two additional two-year terms, but not to extend beyond December 31, 2006. Announcement of Continuation of Public Hearing - Mid -Atlantic Industrial & Tech Center Chairman DeHaven announced that the Commission is anticipating continuation ofthe public hearing on Rezoning Application #04-00, the Mid -Atlantic Industrial & Tech Center, on February 7, 2001 at the James Wood Middle School on Amherst Street. PUBLIC HEARINGS Conditional Use Permit #17-00 of Rhoda W. Kriz (continued from 11/01/00) for an expansion to Conditional Use Permit #24-99 which permits a Cottage Occupation for a Bed and Breakfast. The proposed expansion is to provide for weddings, wedding receptions, seminars, and other gatherings. This Frederick County Planning Commission Minutes of Janua:S :;, 2001 Page 600 -4 - property is located at 547 Apple Pie Ridge Road and is identified with Property Identification Number 42-A-206 in the Gaineshoro Magisterial District. Action - Recommended Denial Mr. George J. Kriz excused himself from the meeting room for this particular application because of conflict of interest. Mr. Robert A. Morris stated that he would abstain from all discussion and voting on this application due to a possible conflict of interest. Mr. Jeremy Camp, Planner I, said the Planning Commission tabled this application on November 1, 2000 for 60 days and requested that the applicant provide additional information about the nature of the proposed expansion due to the numerous citizens who voiced concerns at the public hearing. Mr. Camp said that specifically, the Commission requested that the applicant prepare a list of rules and regulations to better show their intent. He said that since the November 1 meeting, staff has also added several conditions to the proposed conditional use permit (CUP). He added that the applicant has been in contact with the neighboring resiueiits and has prepared a list of rules and regulations which they intend to follow. Mr. Camp next read the revised conditions as recommended by the Planning Staff. Mrs. Rhoda W. Kriz, the owner and applicant, came forward and read a prepared statement. Mrs. Kriz reported on her existing CUP, she gave reasons for why she was requesting the allowance of seminars and weddings, and she gave responses to the concerns expressed by her neighbors. In reply to concerns expressed by her neighbors regarding what would happen with the CUPS after her death or if the property was sold, Mrs. Kriz stated that if they are unable to continue operation of the CUP, due to health reasons, they will rescind their CUP. She said that she also spoke with her attorney regarding a legal document instructing Frederick County to rescind the CUPS at the time of her death. Mrs. Kriz said that they do not intend to sell their home. Commission members asked Mrs. Kriz to elaborate on the private functions she has held at her home over the years and asked whether or not she had received any complaints about noise or traffic. Mrs. Kriz explained the activities she has hosted at her home over the years and she replied that she had not received any complaints from her neighbors. Commission members also inquired if a caterer could obtain a single -day ABC license for a function at her home. Mrs. Kriz replied that as a B&B operator, her ABC license is only applicable to registered guests and according to the regional office of the Virginia ABC, only one license is allowed at any one time on the premises. Mrs. Kriz said that her B&B ABC license would override any others. .' airman DeHaven called for public comments and the following persons came forward to speak: Mr. Philip C. G. Farley, 162 Woodcrest Drive, an adjoining property owner, spoke in opposition to the CUP. Mr. Farley said that he has three children, ages eight, 11, and 19, and he was concerned about the business bringing strangers into the neighborhood around his children. He was concerned how the business may progress in size and intensity and he had a problem with the serving of alcoholic beverages. Mr. Farley said that he did not want to see the neighborhood becoming commercialized. Frederick County Planning Commission Minutes of January 3, 2001 Page 601 -5 - Mr. Richard S. Bern, Sr., 524 Apple Pie Ridge Road, an adjoining property owner, said that he and his wife, Janet, live directly across the street from Mr. and Mrs. Kriz and they have lived at this location for 13 years. Mr. Bern spoke in favor of the CUP. He said that he could not imagine the Kriz's doing anything irrespeas '„ le that would jeopardize all the work and money they have invested in their home. Mr. Bern said that he has attended several functions at their home and only beer and wine were available for consumption. He said that he observed mostly abstinence in alcohol consumption and controlled moderation of those who did partake. Mr. Bern believed that the Kriz's would be well prepared to ensure that attendees of these functions will be responsible adults. Ms. Sherri Jackson, a resident on Buffllick Road in the Shawnee District and Town Treasurer for the Town of Stephens City, said that she has been a personal guest at the Knz's home and found their home to have a relaxing and hospitable atmosphere and is very private. Ms. Jackson said that she was so impressed, she inquired about the possibility of the Kriz's hosting a planning seminar for the Town of Stephens City. Ms. Jackson said that since this was not possible under the Kriz's current CUP, another location was eventually found for the retreat, however, the atmosphere was not as conducive to the informal session as Long Hill would have been. Ms. Jackson believed there was a need in the community for this type of facility. Mr. Gary Patterson, owner and operator of the Valley Wedding Chapel, spoke in favor of the Kriz's CUP. Mr. Patterson said that he wanted to coordinate weddings at the Kriz's B&B and offer it as an optional wedding site, among others, on his Internet web site. He added that alcoholic beverages are not an available option. Mr. John Good, Jr., a resident on Apple Pie Ridge, said that his father, John P. Good, Sr., owns the propfffV adjacent to and immediately south ofthe Kriz's, at 1611 Apple Pie Ridge Road. Mr. Good said that his father does not see how this use would adversely impact him and due to the fairly Draconian restrictions, his father believed it should be approved. Ms. Judy Shade, a resident at 121 Quaker Lane, which is off Glendobbin Road, spoke in opposition to the CUP. Ms. Shade said that she was opposed to any type of business in her neighborhood and was concerned that a precedent could be set for establishment of other business uses in the area. Mr. Steve Spitzer, a resident on Apple Pie Ridge Road, stated that both he and his wife, Vicki, have been residents of Frederick County all of their lives. Mr. Spitzer said that he was a local CPA and President of James Wood Athletic Association. He was not in favor of the proposed CUP and was concerned about the precedent -setting situation that may result, if this use was approved. Mr. David Newlin, a resident of Foxlair Subdivision, stated that his home was located approximately 300 yards from the Kriz's residence. Mr. Newlin spoke in opposition to the proposed CUP, stating that he was not in favor of business encroachment into residential neighborhoods. Mr. Newlin was concerned that if the property was sold and the CUP was conveyed, the new owners may abuse the privilege or accelerate the business operations. Mr. Newlin said that his biggest and primary concern was the issue of alcohol. He stated that if up to 50 persons are permitted at a reception and alcohol is served, some of those attendees will over -indulge and drive away under the influence of alcohol. Mr. Newlin stated that the Kriz's home is within 300 yards of two schools, a major athletic complex, two churches, and four residential neighborhoods. Frederick County Planning Commission Minutes of January 3, 2001 Page 602 Mr. Randolph W. Baldwin, an adjoining property owner at 568 Apple Pie Ridge Road, said that he did not object to the B&B, but was in opposition to the addition of seminars and weddings. Mr. Baldwin was concerned about the possible over -indulgence of alcohol and possible precedent setting for future businesses. Mr. Doug Smith, a resident at Greenspring, spoke in favor of the Kriz's CUP. He did not see how a small "mom and pop" operation could open the "flood gates" of commercial development in the area, nor did he believe that the alcohol served at the bed & breakfast posed near the threat as that of other alcohol distribution outlets in and around the James Wood High School area. Ms. Rebecca McTavish, a resident of Foxlair subdivision, said that Apple Pie Ridge Road is narrow with no shoulders and she was concerned that pedestrians, such as high school athletes or bicyclists, would be at a greater risk because of the increased traffic. She was also concerned about setting a precedent for future businesses. Mr. Jeremy Spitzer, a resident at 122 McGuire Road and a student at James Wood High School, did not believe that a business venture that may serve alcoholic beverages to large gatherings should be intertwined among residential homes, schools, and churches. Mr. Spitzer said that he and his fellow students and neighbors use the neighborhood roads for running and cycling and he was concerned about safety. Mr. Philip C. G. Farley returned to the podium to express concern about noise. Commission members asked Mr. Farley how far away the James Wood High School Football Stadium was from his home and Mr. Farley replied that it was about 400-500 yards. Mr. Farley stated that it was loud during football games, however, police officers are stationed there during school activities. Mr. Farley said that he did not want strangers who have been drinking lingering in the back of his house near his children. Mrs. Rhoda Kriz next returned to the podium and stated that she would not be serving alcohol at the proposed functions. She said that she is willing to have the CUP become void upon her ill health or death and, although they have no intentions of selling their home, they would be willing to insure that the CUP is not transferrable with the house and property. Many of the Planning Commissioners said that they were perplexed as to why there was so much objection to this kind of use on property of this size and nature. They believed that the concerns raised by neighbors at the previous meeting had been adequately addressed. However, due to the amount of perceived animosity and opposition in the neighborhood, the Planning Commission recommended denial of the CUP by the following majority vote: YES (TO DENY): Fisher, Miller, Ours, Thomas, Marker, Light NO: Unger, DeHaven ABSTAIN: Morris, Kriz Frederick Counto,- P'mnning Commission Minutes of January 3, 2001 Page 603 -7 - Upon motion made by Mr. Thomas, seconded by Mr. Ours, the Commission unanimously made the multiple pieces of correspondence that were submitted a part of the official record. Conditional Use Permit #18-00 of Donnie and Rachel Hammon for a Cottage Occupation for sheet metal fabrication and storage of materials. This property is located at 160 Journeyman Lane and is identified with P.I.N. 87-4-1 in the Opequon Magisterial District. Action - Recommended Denial Mr. Jeremy F. Camp, Planner I, read the background information and review agency comments. Mr. Camp stated that the applicant's request is to use an existing barn on the property for sheet metal fabrication and the storage of business-related materials. He said that the applicant has informed the staff that the business has two employees that do not live on the premises and occasionally, these employees would come to dli. property and assist in the sheet metal fabrication process. Mr. Camp said that the staff believes that the fabrication business is an industrial use and is not appropriate as a cottage occupation; the staff also believes that the assistance of employees at the property would not be in conformance with the cottage occupation definitions. Mr. Camp continued, stating that the circumstances leading up to this request have involved an active violation case against the applicants and a court ruling on the matter. He said that the District Court ruled that the applicants were guilty of the storage of trash and debris on their property, the storage of inoperable vehicles, as well as the illegal operation of a business. Mr. Camp said that the judge gave the applicants 30 days to comply with the first two offenses and 90 days to obtain an approved CUP or the business would have to be removed. Mr. Camp said that as of the most recent inspection by staff, violations still exist on the applicant's property. Mr. Donnie Hammon, the owner/applicant, stated that he does mechanical contracting, such as plumbing, electrical, heating and air conditioning for residential use. Mr. Hammon said that he cleared the trash and debris from the property, except for a Ford Mustang and a pick-up truck, which he has covered with a tarp, and a storage container. He mentioned other surrounding businesses that are located near his home. He explained that he owns road frontage from Journeyman Lane to Wrights Run on which the neighbors have right-of-ways of 60' on Wrights Run and 20' on Journeyman Lane. Mr. Hammon stated that in his line of work, he cannot operate with just one other employee; and at the present time, he has six employees on the payroll, however, most r --,f +hem stop to pick up materials and then go directly to the job site. Commission members asked Mr. Hammon specific questions about the machinery used to make the duct work and the operations carried out in the barn. Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Gary Adams said that he was one of several property owners that use Wrights Run Lane to access his property. Mr. Adams said that the Wrights Run homeowners completely maintain the upkeep of Frederick County Planning Commission Minutes of January 3, 2001 Page 604 -8 - Wrights Run Lane and although the covenants exclude Mr. Hammon from maintenance, the homeowners believe this is fair if the property is exclusively residential; however, if the property is used for business, and it results in inc--?d wear and tear on the road, then Mr. Ham- iPon should oontriblite. toward the. upkey-m Mr. Adams said that both he and his wife have encountered one of Mr. Hammon's trucks parked in the middle of the road while they were traveling out to Route 277. Mr. Adams said that he has concerns about trash containment and trash management, ifthe business is allowed to continue. He added that the storage container on Mr. Adams' property is something one would see on a dock in Baltimore; he said that it is brown, big, and ugly, and is not something anybody would want to have in their residential area. Mr. Glen Loveless, a 20 -year resident on Wrights Run Lane, stated that Wrights Run Acres subdivision adjoins Mr. Hammon's property on the north side. Mr. Loveless was concerned about what has happened in terms. of the entrance to his subdivision which, coming off Route 277, goes directly past Mr. Hammon's property. Mr. Loveless said that since Mr. Hammon moved to this property, the number of vehicles on his property has increased, the piles of debris and detritus have increased, and the deleterious aspect of all of this to the neighborhood has been felt by everyone who lives in Wrights Run Acres. Mr. Loveless continued, stating that he believed the only reason Mr. Hammon cleaned up his property is because the Court ordered him to do so. He said that in his own experience, Mr. Hammon has done whatever he has pleased in complete disregard and sometimes disdain of the rest of the neighborhood. Mr. Loveless was concerned that if Mr. Hammon is allowed to continue his operation at his residence, things will backslide and various enforcement agencies at Frederick County will be contacted again to get the situation corrected. Mr. Jennings Lichliter, an adjoining property owner at 173 Journeyman Lane, said that he was the closest neighbor to Mr. Hammon. Mr. Lichliter was satisfied with the appearance of Mr. Hammon's property and did not believe Mr. Hammon's business would adversely affect him or his family. After questioning Mr. Hammon further about his business, a number of Commissioners believed that Mr. Hammon's business had outgrown the definition of a Cottage Occupation, primarily because Mr. Hammon had stated that he employed six persons. A comment was made that six employees was a substantial small business. They believed that the neighboring residents may be adversely affected by the continuation of Mr. Hammon's operation. . Mr. Thomas believed that the operation was not an objectionable business for the size of the property as long as it was done properly and met the requirements. Mr. Thomas moved to table the application for 30 days to allow the applicant and the staff to reach a common ground on what needs to be done. He requested that the Planning Department submit in writing what needs to be done with the storage unit and what the applicant technically needs to accomplish to meet the criteria. This motion was seconded by Mr. Ours, however, the motion failed by the following vote: YES (TO TABLE): Unger, Light, Marker, Thomas, Ours NO: Morris, Miller, Kriz, Fisher, DeHaven A motion was next made by Mr. Miller to deny the conditional use permit. This motion was seconded by Mr. Morris and passed by a majority vote. Frederick County Planning Commission Minutes of January 3, 2001 Page 6W -9 - BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of Conditional Use Permit # 18-00 of Donnie and Rachel Harriman for a Cottage Occupation for sheet metal fabrication and storage of materials at 160 Journeyman Lane. The vote was as follows: YES (TO DENY): Unger, Light, Marker, Ours, Morris, Miller, Kriz, Fisher, DeHaven NO: Phomas Conditional Use Permit #19-00 of Fred H. Rhoton, trading as B&F Home Improvements, for a Cottage Occupation to operate a Home Improvement Business. This property is located at 921 Hudson Hollow Road and is identified with P.I.N. 86-A-196 in the Opequon Magisterial District. Action - Recommended Approval with Conditions Mr. Howard R. Long, III, Planner I, read the background information and review agency comments. Mr. Long stated that the applicant intends to utilize two existing 12' X 12' buildings for storage of materials related to the business. He explained that the use of the existing accessory structures for the business is the catalyst necessitating the CUP for a Cottage Occupation. Mr. Long read the list of conditions of the CUP as recommended by the Planning Staff. Mr. Fred H. Rhoton, the applicant and owner, came forward and explained his operation to the Commission. He stated that he owns three trucks, two of which are used by his subcontractors. He said that all work is done off-site. Mr. Rhoton stated that he leases the adjoining house and property and the leasee has no objections to parking the trucks on the rented property. There were no public comments. Based on the location of the property and the nature of the business, Commission members believed the operation would not negatively impact the surrounding properties. Upon motion made by Mr. Thomas and seconded by Mr. Light, BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend approval of Conditional Use Permit #19-00 of Fred H. Rhoton, trading as B&F Home Improvements, for a Cottage Occupation to operate a Home Improvement Business at 921 Hudson Hollow Road with the following conditions: All review agency comments and requirements, and the definition of a cottage occupation, shall be complied with at all times. 2. In accordance with Cottage Occupation sign requirements, signage for the proposed use may not Frederick County Planning Commission Minutes of January 3, 2001 Page 606 -10 - exceed four square feet in area. No outdoor storage of any material associated with the Cottage Occupation shall be permitted. 4. No more than (1) employee and their vehicle shall be permitted on-site. 5. Any change of use or expansion of the approved Cottage Occupation shall require a new Conditional Use Permit. 7i he majority vote was as follows: YES (TO APPROVE): Fisher, Kriz, Miller, Ours, Thomas, Marker, Light, Morris, Unger NO: DeHaven Conditional Use Permit #20-00 of Roy S. Spaid to operate a dog kennel at 198 Spaid Lane. This property is identified with P.I.N. 37 -A -35C in the Back Creek Magisterial District. Action - Recommended Approval with Conditions Mr. Howard R. Long, III, Planner I, read the background information and review agency comments. Mr. Long stated that the application is the result of a noise complaint filed with the Planning Office. He stated that, as with any kennel, noise impacting adjoining property owners is a concern. He explained that the site consists of 20 acres and is well screened from Back Creek Road (Rt. 704) by mature woodland and steep terrain. Mr. Long read a list of recommended conditions from the staff. Mr. Roy S. (Sammy) Spaid, the owner and applicant, said that he has lived on this property for 20 years and has had 20 dog kennel tags for 20 years. Mr. Spaid said that he owns hunting dogs, mostly beagles, and the nature of his business has not changed much over the years. Commission members asked Mr. Spaid if he was okay with the conditions of his permit as recommended by the staff. There were two conditions that Mr. Spaid was concerned about: one was the statement that the permit is for a non -boarding kennel and only dogs owned by the owner will be boarded at the kennel; the second was the placement of all dogs in an enclosed structure at night. Mr. Spaid said that for breeding or training purposes, he would on occasion have to bring someone else's dog to the kennel. He also stated that his kennels were chain -linked runs on concrete with a box in each kennel run. It was pointed out by Commission members that the definition of "boarding" did not include the training and breeding of animals in a kennel with a conditional use permit. It was also noted by the staff that Mr. Spaid's kennel, as it exists today, does not meet the stars definition of an enclosed building, as stated in the recommended conditions of the permit. Frederick County Planning Commission Minutes of January 3, 2001 Page 6M -11 - Chairman DeHaven called for public comments and the following persons came forward to speak: Mr. Tommy Spaid, the applicant's brother, said that he was the one who complained to the County about the barking dogs. Mr. Tommy Spaid said that he did not object to his brother's kennel, but he was very annoyed with the continuous barking. Mrs. Pam Spaid, Tommy Spaid's wife and the applicant's sister-in-law, said that they had to keep their windows closed and air conditioner running last summer to muffle the noise of dogs barking. Mrs. Spaid said she and her husband offered to pay for a privacy fence for behind the kennel, but her brother-in-law refused. Mrs. Spaid said that her home was approximately 400 yards from the kennel, but her property does not adjoin her brother-in-law's property. She explained that since her property is not adjoining and is not within a subdivision, they have not been able to get assistance from the animal control officer or the police department. Mr. Eddie Thompson came forward to speak in favor of the Spaid's kennel. Mr. Thompson said that he lived outside of Frederick County, but has a licensed kennel of his own. Mr. Thompson said that he has frequently visited Mr. Spaid's kennel and his dogs are quiet for hours at a time. Mr. Ronnie Norris, from Madison, Virginia, said that Mr. Spaid has a nice set-up and he was in favor of the kennel. Mr. Jim Walters came forward to speak in favor of the kennel. He said that he has been to Mr. Spaid's house and he did not notice any excessive barking. Mr. Walters said that Mr. Spaid operates a professional kennel. Mr. Charles Payne said that he lived five miles west of Stephens City in Frederick County. Mr. Payne said that he has 18 dogs with a litter of six. He said that he has eight homes in his neighborhood and he has never had a complaint from any of his neighbors and he gets along well with his neighbors. Mr. Donald Nichols, a resident of Madison County, said that Virginia has a strong tradition of fox hunting, beagles, and hunting clubs. Mr. Nichols said that Mr. Spaid belongs to the oldest beagle club in the United States, the Aldie Institute. He continued stating that Mr. Spaid is an official judge and a well- respected man and has helped others get their puppies started. He was in favor of the CUP. Ms. Sissy Triplett, Sammy and Tommy's sister, said that she has heard the dogs barking, but not excessively. She was in favor of the CUP. Mr. Erin Spaid, Richard Spaid's son, said that he lives in a trailer next to the kennel. Mr. Spaid said that the barking has never bothered him. Mr. Ronald Spaid, a cousin of the Spaids, said that he lives on the adjacent ridge. Mr. Spaid said the entire 'Spaid family has raised hounds all their lives; this type of dog is bred to be hunted in the mountains and fields. He said that the dogs are bred to be out of doors and if they're put inside of buildings, their conditioning could be ruined. Mr. Spaid said that Sammy has some of the best beagles in the United States. Mr. Spaid was concerned that if Sammy was not permitted to have his kennel, then all the other Frederick County Planning Commission Minutes of January 3, 2001 Page 608 -12 - families in the area might be told to get rid of their dogs also. Mr. Dean Netto, a retired ranger from Camp Rock Enon, said that he has known the Spaid family for many years. Mr. Netto said that he lives across the road from the new ranger's residence. He explained that when the new ranger's dogs hear the Spaid's dogs barking, then they start to bark. He recalled a previous evening when he had to call the ranger and ask him to take his dogs inside because of all the barking; neither he or his wife could sleep. Mr. Netto said that he can hear dogs barking on Back Creek Road. Mie. Amy Wolf, daughter of Sissy Triplett, said there is no way to keep dogs quiet all of the time. Ms. Kim Burns, who was present on behalf of her father, Donald Dunlap, an adjoining property owner, said that her father has heard the barking dogs, but they do not bother him. Ms. Burns stated that the Spaid's animals are well taken care of and the kennels are clean and professionally run. Mr. Justin Spaid, son of the applicant, Sammy Spaid, said that his bedroom is next to the kennel. He said the dogs have never bothered him. Mr. Tommy Spaid returned to the podium and said that he cannot understand why no one else can hear the dogs barking when they have kept him awake night after night. Mr. Spaid said that he did not think it was necessary for Sammy to put the dogs inside a building, but something had to be done about the dogs barking 23-24 hours a day. Mr. Spaid said that he knows his brother takes good care of the dogs. Mr. Ronald Spaid also returned to the podium and said that his family raises dogs that are bred to bark. Mr. Spaid said that beagles are small hounds that bark somewhat, but the big hounds really bark. He said that they want their dogs to bark. Commission members discussed revisions to the staffs recommended conditions by eliminating the second sentenrQ under Condition #2 stating that, "Only dogs owned by the owner will be boarded in the kennel at any time," and the elimination of Condition #7. Chairman DeHaven reminded Mr. Spaid that Condition #6 required him to control the nuisance to adjoining property owners. Chairman Deflaven stated that if complaints continued to occur, the permit will be brought back before the Commission. Upon motion made by Mr. Miller and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Conditional Use Permit #20-00 of Roy S. (Sammy) Spaid to operate a dog kennel at 198 Spaid Lane with the following conditions: All review agency comments and requirements shall be complied with at all times. 2. This permit is for a kennel (non -boarding) only. 3. Inspection of the facilities by the Animal Control Officer shall be required to determine if the housing for the dogs is adequate and appropriate. Frederick County Planning Commission Minutes of January 3, 2001 Page 609 -13- 4. No more than twenty (20) dogs shall be boarded within the facility at any given time. 5. All associated materials and supplies shall be stored within an enelnced stn�rture. 6. All dogs kept at the kennel must be controlled so as not to be a nuisance to any adjoining property by either barking or roaming free. 7. All requirements of the Frederick County Code and the Code of Virginia pertaining to dog kennels shall be complied with at all times. Any expansion of the kennel shall require approval of a new Conditional Use Permit. PUBLIC MEETING Subdivision #01-01 ofButler Manufacturing Company, submitted by Painter -Lewis, P.L.C., to subdivide a 33+ acre tract, zoned MI (Light Industrial) District, into two lots. This property is located on Woodbine Road (Rt. 669), approximately 1,500 feet from the intersection of Route 11 and Route 669, and is identified with P.I.N. 34 -A -6A in the Stonewall Magisterial District. Action - Recommended Approval Mr. Eric R. Lawrence, Zoning Administrator, stated that this subdivision is before the Commission for approval because it does not have an approved master development plan; therefore, Planning Commission and Board of Supervisors' review and approval is necessary. Mr. Lawrence said that the plat satisfies the requirements of the Subdivision Ordinance. There were no public comments. Upon motion made by Mr. Thomas and seconded by Mr. Kriz, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously recommend approval of Subdivision #01-01 of Butler Manufacturing Company, submitted by Painter -Lewis, P.L.C., to subdivide a 33+ acre tract, zoned M1, into two lots: Lot 1 - 21.0483 acres and Lot 2 - 12.8969 acres, contingent upon the applicant satisfying all of the review agency comments. Frederick County Planning Commission Minutes of January 3, 2001 Page 610 -14 - PUBLIC: HEARING Rezoning -"01-01 of Southern Twills, sub.-nitted by G. W. Clifford & Associates, Inc,, to rezone a 105 -acre tract of laud from RA (Rural Areas) District to R -P (Residential Perform—ante) District to establish 250 single-family residential lots. This property is located south of Stephens City, east of Interstate 81, 0.8 miles south of Route 277 (Fairfax Pike) on the east side of Town Run Lane (Rt. 1012), and is identified with P.I.N. 85-A-138 in the Opequon Magisterial District. Action - Tabled to February 21, 2001 Mr. Evan A. Wyatt, Deputy Planning Director, read the background information and review agency comments. Mr. Wyatt said that the 105 -acre parcel proposed for residential land use is located within the County's Urban Development Area (UDA) and the Sewer and Water Service Area; the Comprchensive Policy Plan states that suburban residential development must occur within the UDA; the parcel has significant frontage along a state -maintained road and can be served with public sewer and water with adequate capacities. Mr. Wyatt stated that several concerns have been expressed by the various review agencies regarding the rezoning of this parcel and these concerns include impacts to the road network system; impacts to public school facilities; impacts to the solid waste disposal citizen's convenience site; and the difficulties of providing fire and rescue service to residential land uses in this area of the County. N:. Wyatt continued, stating that the applicant has submitted a proffer statement to attempt to mitigate the impacts associated with this rezoning proposal and those proffered conditions include: a monetary offer to offset costs associated with the capital facilities needs of various County service providers, the offer to limit the number of residential units to 250 single family lots, and the offer to extend Stickley Drive to Town Run Lane. Mr. Wyatt next read a list of conditions that the staff believed should be addressed to the satisfaction of the Planning Commission, prior to a recommendation being forwarded to the Board of Supervisors. Mr. Charles W. Maddox, Jr. of G. W. Clifford & Associates, Inc., the design engineers for the project, came forward as the representative for this project. Mr. Maddox said that they have met with a number of people since the staff comments were distributed and a number of the issues raised by the staff have been addressed. Mr. Maddox proceeded to discuss those issues with the Commission. Mr. Maddox then concluded his presentation by summarizing that the applicant has proffered Town Run Lane improvements, has proffered Stickley Road improvements, has provided the right-of-way on Stickley Road, has dealt appropriately with the cemetery issue, and has phased -in the transportation plan to be consistent with the short and long term plans of VDOT and the County. Regarding the solid waste management issue, Mr. Maddox said that they have provided a substantial monetary capital improvement proffer. In addition, they have agreed with the adjoining farm owners, the Ritenours, to increase the rear setback to 75 feet and to provide a "no -cut" provision for the trees and vegetation in that particular area. R ^ferring to the applicant's proffer specifying a two-inch overlay for Town Run Lane, Mr. Thomas preferred that the wording state, "whatever amount VDOT requires," due to the amount of traffic anticipated. Mr. Maddox had no problems with this revision. Mr. Morris inquired about the phasing for Stickley Drive. Mr. Maddox said that Stickley Frederick County Planning Commission Minutes of January 3, 2001 Page 611 -15 - Drive will be built as part of the first phase. of construction. Chairman DeHaven called for public comments and the following person came forward to speak: Ms. Mary C, Ritenour, representing the Ritenour Farm, thanked Mr. Maddox and Mr. David Holliday for meeting with them and addressing concerns that they've. had. Ms. Ritenour was happy with the relocation of the c--rances on Town Run Lane, the increased buffer zone between the properties, and for the trees and vegetation between the properties to remain undisturbed. She said that Mr. Maddox has arranged for a statement to be incorporated on documents advising future property owners that agricultural uses exist on the south and east. Ms. Ritenour still had concerns about anticipated traffic volumes and she talked about those with the Commission. Due to the Commission's Bylaws requiring meetings to be adjourned at 11:00 p.m., a motion was made by Mr. Thomas and seconded by Mr. Ours to table this application. This motion was passed by a majority vote. BE IT RESOLVED, That the Frederick County Planning Commission does hereby table until February 21, 2001, Rezoning Application #01-01 of Southern Hills, submitted by G.W. Clifford & Associates, Inc. to rezone a 105 -acre tract of land from RA (Rural Areas) District to RP (Residential Performance) District to establish 250 single-family residential lots. The vote was as follows: YES (TO TABLE): Fisher, Kriz, Ours, Thomas, DeHaven, Marker, Light, Morris, Unger NO: Miller CANCELLATION OF THE COMMISSION'S JANUARY 17, 2001 MEETING Upon motion made by Mr. Thomas and seconded by Mr. Ours, the Planning Commission unanimously voted to cancel their January 17, 2001 meeting because there were no action items to address. Frederick County Planning Commission Minutes of January 3, 2001 Page 612 ADJOURNMENT unanimous vote. -16 - No further business remained to be discussed and the meeting adjourned at 11:00 p.m. by Respectfully submitted, Evan A. Wyatt, Acting Planning Director Charles S. DeHaven, Jr., Chairman Frederick County Planning Commission Minutes of January 3, 2001 Page 613 PC REVIEW DATE: 1/03/01 (tabled); 2/21/01 BOS REVIEW DATE: 4/11/01 REZONING APPLICATION #01-01 SOUTHERN HILLS To rezone 105 acres from RA (Rural Areas) to RP (Residential Performance) LOCATION: This property is located on the east side of Interstate 81, southeast of the Town of Stephens City; 0.8 miles south of Route 277 (Fairfax Pike) on the east side of Town Run Lane (Route 1012). MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 85-A-138 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Agricultural ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District West: Zoned RA (Rural Areas) District Land Use: Town of Stephens City Lagoons Land Use: Residential; Agricultural Land Use: Vacant Land Use: Agricultural PROPOSED USE: Residential Single -Family Subdivision REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached letter from Barry J. Sweitzer, Trans. Roadway Engineer, dated 11/21/00. Southern Hills REZ #01-01 Page 2 February 6, 2001 Fire Marshal: Water supplies to meet requirements of Frederick County Chapter 90; avoid fire hydrant placement at end of cul-de-sacs. Board of Supervisors approved proffer model at 100% for Fire and Rescue; plan approval not recommended. Stephens Ci!y Fire & Rescue Co.: Based on a follow-up conversation with Mr. Maddox, the Stephens City Volunteer Fire and Rescue Company would not object to the rezoning of the aforementioned property, provided that traffic adjustments are made for an extension of Stickley Drive so as to divert congestion from the I-81/Fairfax Pike/Aylor Road and Town Run Lane Intersection. Town of Stephens City: See attached letter from Michael Kehoe, Zoning Administrator, dated 11-7-00. Sanitation Authority: We have water and sewer capacity to serve this project. County Engineer: See attached letter from Harvey E. Strawsnyder, , Director of Public Works, dated 11-29-2000. Parks & Recreation: Plan appears to conform with the requirements established by the county. However, with the developer's contribution for recreation being only 50% of the impact module, consideration should be given to providing active recreation areas with the development. Frederick Co. Public Schools: See attached letter from Al Orndorff, Administrative Assistant to the Superintendent, dated 11/29/00. County Attorney: Stickley Drive extended and paid for by whom? Once signed by owner, appears alright. Planning & Zonina: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the zoning for the parcel proposed for rezoning as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The initial location of the county's Urban Development Area (UDA) traversed approximately 23 acres of the 105 -acre parcel. The applicant submitted a request to the county to incorporate the entire acreage into the UDA. This request was recommended favorably by Southern Hills REZ #01-01 Page 3 February 6, 2001 the Planning Commission and approved by the Board of Supervisors during their October 25, 2000 meeting. 2) Location The 105 -acre parcel is located southeast of Interstate 81 Exit 307; approximately 3/4 mile south of Fairfax Pike (Route 277); along the east side of Town Run Lane (Route 1012). Fairfax Pike is classified as a minor arterial roadway, and Town Run Lane is classified as a, local road. The 105 -acre parcel is located within the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This acreage does not fall within the boundaries of an adopted land use plan for the county. The 105 -acre parcel is located in an area that is rural in nature. Adjoining properties include large tracts that are utilized for agricultural purposes with a few large residential lots to the south. The Scothorn tract immediately adjacent to the east is within the Double Church Agricultural and Forestal District. 3) Site Suitabili The 105 -acre parcel contains areas of steep slope, streams, floodplain associated with Stephens Run, and woodlands as defined by county ordinance. The general site development plan calls for the provision of common open space within the floodplain areas and some of the areas defined as steep slope. It is uncertain if this delineation will comply with the maximum allowance for open space as permitted by county ordinance, as the applicant's Impact Analysis Statement does not indicate percentages of the total site area proposed for these set -asides. The 105 -acre parcel has approximately %z -mile of road frontage along Town Run Lane (Rt. 10 12) which is within the VDOT secondary system of roads. By policy, the parcel is entitled to be served by public water and sewer. The Frederick County Sanitation Authority has indicated that adequate capacities exist to serve the development proposal for this parcel. The Frederick County Rural Landmarks Survey identifies structures within the proximity of the 105 -acre parcel. None of these structures are identified as potentially significant historic resources. Southern Hills REZ #01-01 Page 4 February 6, 2001 4) Proffer Statement The applicant has submitted a proffer statement which has been signed by the owner, notarized, and reviewed by the County Attorney's Office. The applicant has proffered to develop a maximum of 250 single family residential lots; to restrict the development of multi- family units; to extend Stickley Drive (Rt. 1085) to connect with Town Run Lane (Rt. 1012); and to provide a monetary contribution for each residential building lot to offset impacts to county services. 5) Potential Impacts and Issues a) Transportation The applicant's traffic impact analysis statement indicates that the proposed development of the 105 -acre tract will generate 2,500 daily vehicle trips on average. The applicant recognizes that all of this traffic cannot be supported by Town Run Lane (Rt. 10 12) and indicates that there will be a need to extend Stickley Drive (Rt. 1085) to Town Run Lane to facilitate traffic movement from this parcel to Fairfax Pike (Route 277). The applicant indicates that the Town Run Lane connection to Fairfax Pike will be severed as a result of the improvements to Interstate 81 Exit 307 and that VDOT will consider design alternatives which may result in the relocation of the Exit 307 interchange to the south within the proximity of this parcel. The VDOT comment, dated November 21, 2000, identifies that Town Run Lane currently has an average daily traffic count of 210 vehicle trips. The VDOT comment states that the existing road structure is inadequate to handle the projected traffic volume generated by this site which will increase traffic by approximately 1,200% of the current volume. VDOT believes that the applicant should provide a traffic impact analysis which considers signalized intersections; the development of turn lanes and tapers into the project site; and the improvement of Town Run Lane from the intersection of Fairfax Pike to the project site. The applicant's general development plan calls for the extension of Stickley Drive to connect with Town Run Lane to the north of the 105 -acre tract. This design is prudent, as the Level of Service at the intersection of Town Run Lane and Fairfax Pike will decrease significantly as a result of this development. However, the applicant's proposal does not indicate plans to provide, or participate in traffic signalization at the Stickley Drive intersection with Fairfax Pike. The need for traffic signalization along Fairfax Pike is paramount to facilitate left turn movements and maintain the Level of Service along this road system. The applicant's traffic impact analysis statement does not provide for current or future Level of Service details at Southern Hills REZ #01-01 Page 5 February 6, 2001 the proposed Stickley Drive intersection with Fairfax Pike; however, it would stand to reason that a significant percentage of vehicle trips would make left turn movements; therefore, this intersection would most likely operate at less than a Level of Service C without traffic signalization. b) Community Facilities Public Schools The proposed residential development would increase student enrollment capacities, thus impacting Middletown Elementary School; Robert E. Aylor Middle School; and Sherando High School. The Frederick County Public School Administration comment identifies that the school facilities within this area of the county are nearing maximum design capacities. In order to project the number of school-age children that could be expected to be generated from the project, staff has utilized the averages that are used as multipliers in the county's Capital Facilities Fiscal Impact Model. Projected School Enrollment Impact Total Building Elementary Middle School High School Total School - Permits Issued School Impact Impact @. 14 Impact @. 17 Age Children @. 39 Pupils/Dwelling Pupils/Dwelling On Average Pupils/Dwelling 250 98 35 43 176 Solid Waste Disposal The Department of Public Works has identified an impact to the citizen convenience center site at the old weight scales near the Town of Middletown. The Department of Public Works comment states that the proposed development will negatively impact this facility and may require and expansion of this site to serve the future residents of this project. Southern Hills REZ #01-01 Page 6 February 6, 2001 Parks and Recreation The Department of Parks and Recreation comment identifies that the monetary proffers received from new residential projects do not allow their department to keep pace with the recreational demands of the county residents. Therefore, the Department of Parks and Recreation has recommended that the developer establish active recreational areas within the proposed development to provide on-site opportunities for the future residential end users. C) Ewing Family Cemetery A family cemetery exists within the southeast portion of the 105 -acre parcel. This cemetery, owned by the Ewing family, is identified as circa 1750 and contains grave sites dating to 1856. Staff met with representatives of the Ewing family and was advised that the family actively maintains this area through an agreement with the property owner. The applicant's general development plan calls for the development of residential lots in the area in which the cemetery exists. Representatives of the Ewing family advised staff that their concerns include the ability to maintain access to, and continue the use of, this area. In order to ensure that this desire is realized, the Ewing family requests that the applicant establish a deeded area for this purpose; that access is maintained to the family cemetery throughout the development phase process; that a curb cut is established to ensure access to the family cemetery from the proposed public street system; that the property owner provides the ability to identify any grave sites that may fall outside of the currently established family cemetery area prior to development; that the family cemetery be improved to be enclosed with a rod -iron fence with an eight -foot wagon gate; and that a disclosure statement be established within all property deeds advising future lot purchasers of the proximity of the family cemetery and the right of the Ewing family to utilize and maintain the deeded area for perpetuity. d) Ad'ol fining Properties As previously mentioned, the Scothom parcel, and other parcels within close proximity of the 105 -acre parcel, are within the county's Double Church Agricultural and Forestal District. The applicant's general development plan identifies an area of open space along the eastern property limits due to the location of Stephens Run which will provide some separation between the agricultural land uses and the proposed development. However, it would be prudent to require the developer to Southern Hills REZ #01-01 Page 7 February 6, 2001 provide a disclosure statement within all future property deeds and homeowner covenants advising future purchasers of the proximity of this proposed development to the Double Church Agricultural and Forestal District, as well as the agricultural land users rights as identified in the Right To Farm Act. e) Proffer Statement The applicant has proffered to extend Stickley Drive from its current terminus to the east to connect with Town Run Lane (Rt. 1012). This extension would require the applicant to develop a public roadway through a parcel owned by an adjoining property owner (Stimpson). In order for this improvement to occur, the applicant would need to obtain a deeded right-of-way easement through this property which currently does not exist. Therefore, this component of the applicant's proffer statement is not valid at this time. STAFF CONCLUSIONS FOR 01/03/01 PLANNING COMMISSION MEETING: The 105 -acre parcel proposed for residential land use is located within the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The Comprehensive Policy Plan states that suburban residential development must occur within the UDA. The 105 -acre parcel has significant frontage along a state -maintained road and can be served with public water and sewer with adequate capacities. Several concerns have been expressed by the various review agencies regarding the rezoning of this 105 -acre parcel. These concerns include impacts to the road network system; impacts to public school facilities; impacts to the solid waste disposal citizen's convenience site; and the difficulties of providing fire and rescue service to residential land uses in this area of the county. The applicant has submitted a proffer statement to attempt to mitigate the impacts associated with this residential rezoning proposal. The proffered conditions include a monetary offer to offset costs associated with the capital facilities needs of various county service providers, the offer to limit the number of residential units to 250 single family lots, and the offer to extend Stickley Drive to Town Run Lane. Staff believes that the applicant should adequately address the following issues to the satisfaction of the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors regarding this proposal: Southern Hills REZ #01-01 Page 8 February 6, 2001 1) The applicant should demonstrate the current Level of Service (LOS) conditions at the intersections of Town Run Lane and Stickley Drive with Fairfax Pike, and the future LOS conditions assuming the build -out of this project. 2) The applicant should identify the scope of improvements that are planned for Town Run Lane and indicate when the improvements will occur, who is responsible for the cost of the improvements, and if those commitments are planned to be incorporated into the proffer statement for this project. 3) The applicant should indicate what agreements exist to obtain a deeded easement from the Stimpson parcel that provides for an adequate right-of-way width to allow for the extension of Stickley Drive to Town Run Lane. 4) The applicant should advise the Planning Commission if plans exist to provide for traffic signalization at the Stickley Road intersection with Fairfax Pike, and indicate when the improvements will occur, who is responsible for the cost of the improvements, and if those commitments are planned to be incorporated into the proffer statement for this project. 5) The applicant should address the concerns expressed by the Fire and Rescue Service division regarding viable solutions for emergency vehicle access and regarding the proposed monetary proffer to offset impacts to fire and rescue capital facilities costs. 6) The applicant should indicate how they can mitigate impacts associated with the increased use of the citizens convenience center and the need to expand that facility. 7) The applicant should advise the Planning Commission if there is the potential to provide for active recreational areas within the proposed residential development. 8) The applicant should indicate how they plan to accommodate the desires of the Ewing family to preserve access to and improve the area of the existing family cemetery. 9) The applicant should advise the Planning Commission how they plan to advise future lot purchasers of on-site and adjoining properly issues including the Ewing family cemetery, the Double Church Agricultural and Forestal District, and the lagoon sites owned by the Town of Stephens City and the Frederick County Sanitation Authority. STAFF CONCLUSIONS FOR 02/21/01 PLANNING COMMISSION MEETING: The Planning Commission continued this item from the January 3, 2001 meeting to ensure compliance with the adopted by-laws. The Planning Commission was required to adjourn during the public comment portion of this public hearing item; therefore, it was determined that additional public comment would be taken at the next available meeting. The applicant provided staff with new information since this item was continued. This new information includes a revised review agency comment from the Stephens City Volunteer Fire and Rescue Company; a revised proffer statement; and a memorandum from Charles E. Maddox, Jr., P.E., to Evan Wyatt, dated February 1, 2001. The information in this memorandum provides an applicant Southern Hills REZ #01-01 Page 9 February 6, 2001 response to the nine issues identified by staff during the January 3, 2001 meeting. In order to summarize the revised materials prepared by the applicant, staff will revisit each issue previously identified and provide a staff comment based on the new information. 1) The applicant should demonstrate the current Level of Service (LOS) conditions at the intersections of Town Run Lane and Stickley Drive with Fairfax Pike, and the future LOS conditions assuming the build -out of this project. Staff Comment: The applicant did not submit revisions to the Impact Analysis Statement; therefore, existing and projected LOS conditions are not provided. The applicant's response in the February 1, 2001 memorandum indicates that the proffered extension of Stickley Drive (Route 1085) to Town Run Lane (Route 1012) coupled with the proposed VDOT improvements to Aylor Road (Route 647) will provide for an acceptable LOS at all intersection points with Fairfax Pike (Route 277). 2) The applicant should identify the scope of improvements that are planned for Town Run Lane and indicate when the improvements will occur, who is responsible for the cost of the improvements, and if those commitments are planned to be incorporated into the proffer statement for this project. Staff Comment: The revised proffer statement calls for the applicant to overlay Town Run Lane with bituminous concrete from the project entrance to the intersection of the Stickley Drive extension and to provide guardrail by the Town of Stephens City lagoons prior to the issuance of the 50`' buildingpermit. Furthermore, the revised proffer statement requires the applicant to overlay Town Run Lane with bituminous concrete from the first project entrance to the second project entrance when the second project entrance is constructed. 3) The applicant should indicate what agreements exist to obtain a deeded easement from the Stimpson parcel that provides for an adequate right-of-way width to allow for the extension of Stickley Drive to Town Run Lane. Staff Comment: The applicant provided a letter from Mr. Harry Stimpson III, to Evan Wyatt dated December 22, 2000, and a preliminary plat of the proposed right-of-way for the extension of Stickley Drive. Mr. Southern Hills REZ #01-01 Page 10 February 6, 2001 Stimpson's letter indicates that he will dedicate a 50 foot right-of- way for the purpose of extending Stickley Drive to Town Run Lane, and that this improvement will be paid for by the applicant. 4) The applicant should advise the Planning Commission if plans exist to provide for traffic signalization at the Stickley Road intersection with Fairfax Pike, and indicate when the improvements will occur, who is responsible for the cost of the improvements, and if those commitments are planned to be incorporated into the proffer statement for this project. Staff Comment.• The applicant's revised proffer statement does notprovide for traffic signalization at the intersection of Stickley Drive and Fairfax Pike. The applicant's response in the February 1, 2001 memorandum indicates that the VDOT improvements to Aylor Road would be the appropriate time to install traffic signalization at this intersection point. The applicant feels that any signalization improvements done now would be impacted by the VDOT project which would cost all involved additional money in the future. Furthermore, the applicant feels that the extension of Stickley Drive to Town Run Lane constitutes a fair share portion of the improvements to the transportation system in this area of the county. 5) The applicant should address the concerns expressed by the Fire and Rescue Service division regarding viable solutions for emergency vehicle access and regarding the proposed monetary proffer to offset impacts to fire and rescue capital facilities costs. Staff Comment: The revised review agency commentfrom the Stephens City Volunteer Fire and Rescue Company indicates that the extension of Stickley Drive to Town Run Lane provides a viable solution for emergency access in this area. The applicant's response in the February 1, 2001 memorandum indicates that the provision of $446.00 per residential unit is appropriate due to the significant increase in costs projected by the revised fiscal impact model. 6) The applicant should indicate how they can mitigate impacts associated with the increased use of the citizens' convenience center and the need to expand that facility. Staff Comment: The applicant's response in the February 1, 2001 memorandum indicates that the landfill is a fee -sustained operation; therefore, Southern Hills REZ #01-01 Page 11 February 6, 2001 additional costs to the development community should not be required. 7) The applicant should advise the Planning Commission if there is the potential to provide for active recreational areas within the proposed residential development. Staff Comment: The applicant's response in the February 1, 2001 memorandum indicates that the monetary proffer offered for this development is adequate for necessary recreational services. 8) The applicant should indicate how they plan to accommodate the desires of the Ewing family to preserve access to, and improve the area of, the existing family cemetery. Staff Comment: The revised proffer statement provides for a lot to be created and deeded for the Ewing family cemetery; for the provision of public street access to this lot; and for the establishment of deed covenants allowing for maintenance of this area by the Ewing family. 9) The applicant should advise the Planning Commission how they plan to advise future lot purchasers of on-site and adjoining property issues including the Ewing family cemetery, the Double Church Agricultural and Forestal District, and the lagoon sites owned by the Town of Stephens City and the Frederick County Sanitation Authority. Staff Comment: The revised proffer statement calls for language to be incorporated into all property deeds and covenants disclosing the location and proximity of this subdivision to the adjoining agricultural land uses,- the ses;the Town of Stephens City and FCSA lagoons; and the Ewing family cemetery. The Planning Commission should determine if the revised information and revised proffer statement provided by the applicant adequately mitigates the issues identified by staff during the January 3, 2001 meeting when forwarding a recommendation to the Board of Supervisors for final disposition of this matter. O:Wgendas\COMMENCS\REZONING\Staff Report\2001\SouthemHiIIs. pd OUTPUT MODULE APPLICANT PIN 85-A•138 Nei Fiscal impact LAND USE TYPE Single Family Costs of Imoacl Credit' Crecils to be TakC Total Potential Aolusiment For Sod p REAL EST VAL S32.775.000 FIRE fi RESCUE t t Required (entered in Cur Budget Cur Budget Cap. Future CIP/ Cap.iat FaVlli es col sum only) Oper Cap Equip ExPerldtDebt Tax Credits Revenue- Net Capital Net Cost Per S. Taxes. Other (Uliadiusted) Cost Balaacc Fadilles Impact Dwe6tPQ Unit Fire and Rescue Department $222,149 $0 `4`410 Elementary Schools $1,019,969 SO $222 149 SB89 Middle Schools $540,569 $126,010 $729,921 5855,931 $601,733 $1,790,469 $7,162 High Schools $831.664 - Parks and Recreation PublcLibiary $364,315 $93,181 $56,714 S93,181 565__508 _ $298.807 $1,195 5w Sheriffs Offices $20,044 547.020 S18,511 So 58,663 $20.044 $25,174 $14,091 $17,698 $52,623 $29,322 $210 $117 O FL Administration Building $60,342 so So $0 $60,342 Other Miscellaneous Facilities $76,717 5230,040 $46,291 $276,331 $194,265 $0 $0 SUBTOTAL $3,229,459 $372,562 $776,211 $121,888 $1,270,661 '$893.295 $2,336,164 $9,345 LESS. NET FISCAL IMPACT SO s0 $0 $0 S0// NET CAP. FACILITIES IMPACT `7-/D 2 164 345 INDEX: "IV' B Cap Equip Included: 1.0 i INDEX: •1.0` 1 Rev-Cost Bal, "0.0' it Rata to Co Avg- 0.0 Rev-Cost Bal - 0.491 PLANNING DEPT PREFERENCES 1,0 1.0 Ratio to Cc Avg = 0.703 METHODOLOGY 1. Capital facilities requirements are input to the first column as calculated 1n the model 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero it negative); included are the one lime taxesifees for one year only at full value. 3. NPV of future open cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capitat expenditure taxes paid in Inurth cot as calculated in fiscal Impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as ootentiai credits against the calculated capital farilihes requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio /o avg. for a7 residential development). NOTE. Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Dale 10/25100 EAW - P. I. N 85-A• 138 Rezoning: Assumes 250 Single Family Dwellings on 105 acres zoned RP District. Due to changing conditions associated with developmeit in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. COMMONWEALTH of VIRCjINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22324 COMMISSIONER November 211 2000 Mr. Charles E. Maddox, Jr., P.E., V.P. G. W. Clifford & Associates, Inc. 200 North Cameron Street Winchester, VA 22601 JERRY A. COPP RESIDENT FNGINFER TELE(540)984-5600 FAX (5410) 98 4-560 7 Ref: Southern Hills, Holliday Concept Plan Route 1012, Town Run Lane @ Route 277, Fairfax Pike & I-81 Interchange Frederick County Dear Chuck: A VDOT review has been completed at the Edinburg Residency Office on the concept plan and attendant rezoning request dated 10/26/00 for the referenced project. The impact analysis addresses traffic issues in a general way. However, VDOT concerns may be extended to other developments, both residential and commercial in the general area of this proposed Southern Hills concept plan. A glimpse at the Frederick County Index Map appears to reveal approximately three square miles of residential performance: residential, recreational community and commercial areas which have potential impacts on VDOT facility improvement studies in the vicinity of the Southern Hills concept plan. As indicated in a letter dated 08/24/00 from Mr. Steven A. Melnikoff to your office, the portion of the Frederick County Rezoning Application addressing VDOT and County needs under the Impact AnalysisjTraffic (Pages 4, 5 & 6) should be included in the Impact Analysis presented for VDOT review. Among VDOT concerns which should be addressed are: Improvement of Route 1012, Town Run Lane. The attached typical section indicating the roadway width and pavement structure on existing Route 1012 demonstrate the inadequacy of the existing structure to support the projected 2500 TPD anticipated to access Southern Hills. Mr. Charles E. Maddox, Jr. i November 21, 2000 "e`• i. Southern, � Hills Concept Plan r�c Paqe #2 The application to rezone should address how and who would improvements to Route 1012: a) County Six Year Plan b) Developer participation in cost and/or construction c) Other sources of participation provide the necessary Please note the improvements should address the heavy increase in traffic volumes to be generated onto the Route 1012 facility. Current VDOT estimate (1999) is at 210 AADT, the proposed 2500 TPD generated by Southern Hills represents a tremendous impact on the existing typical section (copy attached). Development of turn lanes and tapers should also be considered. Traffic impact should include consideration of signalized intersections. Since no VDOT improvement plan exists for the Route 1012 facility, the Southern Hills concept should address improvements beginning at the Route 277 intersection with Route 647. Please note a copy of this letter and all previous correspondence regarding the referenced project has been forwarded to our Staunton District, Office for their review and information. We look forward to receiving and reviewing a more complete rezoning package whenever available. If there are any questions, please do not hesitate to call. Sincerely,� Barry J. Sweitzer, Trans. Roadway Engineer For: Steven A. Melnikoff, Transportation Engineer BJS/rf Enclosure xc: Mr. Jim Diamond, Attn: Mr. Terry Jackson, Attn Mr. Dave Heironimus Mr. Kris Tierney, Attn: Mr. Kelly Downs (w/ attachments) Mr. Guy Tudor (w/ attachments) Mr. Evan Wyatt FOUNDED 1758 TOWN OF STEPHENS CITY 1033 Locust Street November 7, 2000 Gilbert W. Clifford & Associates, Inc. C/o Charles E. Maddox, Jr. 200 North Cameron Street Winchester, Virginia 22601 Dear Mr. Maddox: P.O. Box 250 Stephens City, VA 22655-0250 (540) 869-3087 • Fax (540) 869-6166 E-mail: tosc@visuallink.com Police (540) 868-1012 The comment sheet for Southern Hills Subdivision was forwarded to the Stephen City Planning Commission at the request of Mayor Ray Ewing. Several Town Council members also reviewed the master plan and offered comment. The following concerns are derived from the comments that have been given to me from the Council members or taken from notes at the October 31, 2000 Stephens City Planning Commission meeting. The foremost concern is the impact that additional traffic will have on the town and surrounding area with an inadequate road system. A decision has not been made as to the relocation of the I-81 interchange or any other road way alternations. According to some, VDOT is still hedging on relocation of the interchange. The town adamantly supports the relocation of the interchange and does not wish to have anything to impede the plans or possibility for this to happen. The master plan for the Southern Hills development does show a conceptual relocation of Town Run Lane, but at this point VDOT has not given any indication if this is acceptable or not. Furthermore, the I-81 interchange could be moved to the south to Salem Church Road or somewhere in between or not at all. There were many other comments from the discussion of the planning commissioners related to taxes, width of the roadway, school impacts, etc., and site plan deficiencies. However, I will refrain from elaborating upon these as most of those comments are outside the town's preview and were more individual in nature. In summary, the town feels that it may be premature to rezone this property or to allow development to begin until assurances can be made about first adequate road size and conditions and second the status of I-81 improvements and changes on Route 277. Citizens of the Town of Stephens City are subjected to negative traffic impacts associated with the present location of the interstate interchanges and the enormous amount of traffic generated from the east side of I-81 and inadequate roads to handle it. Sincerely, Michael K. Kehoe Zoning Administrator COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 November 29, 2000 Mr. Chuck Maddox, P.E. Gilbert W. Clifford and Associates, Inc. 200 North Cameron Street Winchester, Virginia 22601 RE: Rezoning for Southern Hills Subdivision Frederick County,'Virginia Dear Chuck: Based on our review of the proposed rezoning request from RA to RP, we offer the following comments related to the proposed Southern Hills project: 1) We concur with your analysis and offer to construct the extension of Stickley Drive as part of planned improvements to mitigate traffic impacts. We recommend that this extension be included in the initial phase of the project development. 2) The proposed stormwater ponds shall be constructed prior to the construction of the roads and related site development. The stormwater ponds shall be designed to include sediment control. 3) The county does not plan to provide a dumpster specifically for this project. The project in general will have a negative impact on the county's citizens' convenience site located near Middletown, Virginia. The proposed project may require an expansion of this site to serve the residents that will occupy the additional 260 single family dwellings. The above comments should be reflected in the revised impact analysis. Sincerely, Harvey . trawsnyder, Jr., P. . Director of Public Works HES/rls cc: Frederick County Planning Department file 107 North Kent Street • Winchester, Virginia 22601-5000 FrledellCk CountyPubllcSchools Administrative Assistant to Visit us at www.frederick.1<12.va.us e-mail. the Superintendent orndorfaafrederick 1<12.va.us November 29, 2000 Mr. Chuck Maddox Gilbert W. Clifford & Associates. Inc. 200 N. Cameron St. Winchester, VA 22601 REF: Rezoning Comments Southern Hills Dear Mr. Maddox I am in receipt of your request for rezoning comments concerning a parcel of land containing 105 acres to be rezoned from RA to RP (Residential Performance). It is my understanding the proposed rezoning from R4 to RP will allow for the construction of 250 homes. You have also indicated the land to be rezoned is 105 acres in size at the following location: South of Stephens City, east of Interstate 81; 0.8 miles south of Route 277 (Fairfax Pike) on the east side of Route 1012 (Town Run Lane) Residential development in this portion of Frederick County has resulted in the schools serving this area having student enrollments nearing maximum design capacity. The proposed monetary proffer of 53,581 per building permit will assist the county in addressing capital improvement projects for future school facilities. The cumulative impact of this project and others of a similar nature, coupled with the number of approved, undeveloped residential lots in this area, will necessitate the future construction of new school facilities to accommodate increased student enrollment. The impact of the proposed rezoning on current and future school needs should be considered during the approval process. Sincerely, Al Omdorff Administrative Assistant to the Superintendent PC- Dr. William C_ Dean, Superintendent of Schools Mr. Robert W. Cleaver, Assistant Superintendent for Administration 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-722-2788 L TianntndSouthem Hf Ila REZONING REQUEST PROFFER Property Identification Number 85-A-138 Opequon Magisterial District DOROTHY CARBAUGH ESTATE PROPERTY Preliminary 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 hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # 01-01 _ for the rezoning of 105 acres from Rural Area (RA) to Residential Performance (RP). Development of the &ubject 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. 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 105 acres, with frontage along Town Run Lane in the Opequon 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 and issued the sum of $4,910.00 per lot. This monetary proffer provides for $3,581.00 for Frederick County Schools; $598.00 for Frederick County Parks and Recreation; $446.00 for Frederick County Fire and Rescue; $105.00 for Public Library; $59.00 for Sheriffis Office and $121.00 for Administration Building. General Development Plan Voluntarily proffered is the attached Generalized Development Plan including the following improvements: 1. On the 105 acres to be zoned RP no more than 250 single family dwelling units shall be constructed. These units shall consist of single family home lots. 2. Stickley Drive (SR 1085) shall be extended as shown to connect with Town Run Lane (SR 1012) during the first phase of development(A to B). 3, Town Run Lane (SR 1012) shall be overlayed with a bituminous concrete surface from B to C . Guard rail shall be installed right and left along Town Run Lane "fill" areas greater than 7' vertical . The improvements are to be further described by a VDOT Permit to be issued at the time of the work. This work shall be done prior to the issuance of the 5e building permit. 4. Town Run Lane (SR 1012) shall be overlayed with a bituminous concrete surface from C to D during the phase where the entrance at `D" is constructed. These improvements are to be further described by a VDOT Permit to be issued at the time of the work. 5. An easement shall be established 75' in depth along the South property line E to F. This easement will be prominently shown on the final plat and will restrict construction of homes as well as limiting the clear cutting of trees larger than 4" diameter, 6, A statement shall be added to the plat and covenants for all lots created by this project advising that agricultural uses exist on the South and East , the Ewing Family Cemetary exists within the limits of development, and, wastewater treatment facilities exist or previously existed to the North of this site. 7. The Ewing family cemetery will be set aside as a separate lot with public road access and conveyed, if possible, to the Ewing family with covenants for future maintenance by the Ewing family. 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: / Date: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Th The foregoing instrument was acknowledged before me this day of V 1ey , 2000, by David B. Holliday. My comnyissio, fres � 40 Notary Public G. W. Clifford &W ociates, Inc To: Mr Evan Wyatt, Planning Director CC: Mr David Holliday From: Charles E. Maddox, Jr PE Date: 2/1/01 (rev from 1/1/01) Re: Southern Tills, Staff Issues The intersection in question is scheduled by VDOT .to become the Primary intersection on Rt277 East of I -8I . it will support traffic from the relocated Aylor Road as well as Stickley Drive. Further , it is VDOT's plan as presented in their Public Hearings on the Rte 277 design, to extend Stickley Drive to Town Run Lane, thus allowing contolled access to Town Run Lane from Rte 277 and the I-81 Interchange.It is obvious that VDOT plans to provide stoplight control to the subject intersection when the upgrade is performed. Also, the (540) 667-2139 (540) 665-0493_ fax 1 February 1, 2001 percentage of use of this expanded Intersection by Southern hills will be vary small in relatictn to this expanded use. Finally, any stoplight improvements done now , because of Right of Way acquisition and shifts in roadway centerlines ,will be replaced when the VDOT Rte 277 project is constructed. In summary, it is the applicants position that construction of Stickley Drive extended and improvement of Town Run Lane are a more than adequate "Fair Share" for mitgation of traffic impacts. It improves the operating characteristies immediately for traffic in the area and it is felt that since Construction Drawings have been prepared by VDOT then the ROW acquistion and construction will be done well within the 5 to 10 year design life of Southern. Hills. 2) The applicant should identify the scope of improvements that are planned for Town Run Lane and indicate when the improvements will occur, who is responsible for the cost of the improvements, and if those commitments are planned to be incorporated into the proffer statement for this project. The proffer statement and generalized development plan has been changed to reflect improvements to Town Run Lane including overlay of Bituminous Concrete on the existing prime and seal surface between Stickley Drive and the first project entrance and the addition of guardrails where needed, with work to be performed prior to the issuance of the 506h occupancy permit. Town Run Lane will be overlayed between the project entrances when the second entrance is constructed. All work shall meet with VDOT permit requirements. 3) The applicant should indicate what agreements exist to obtain a deeded easement from the Stimpson parcel that provides for an adequate right-of-way width to allow for the extension of Stickley Drive to Town Run Lane. We have sent to your office a letter , signed by Mr- Harry rHarry Stimpson, III, the owner, showing his intent to provide the necessary rights of way and easements for the applicant to construct Stickley Drive extension. 2 February 1, 2001 4) The applicant should advise the Planning Commission if plans exist to provide for traffic signalization at the Stickley Road intersection with Fairfax Pike, and indicate when the improvements will occur, who is responsible for the cost of the improvements, and if those commitments are planned to be incorporated into the proffer statement for this project. See applicants reply in 1 above. The applicant does not voluntarily proffer improvements at this intersection for the reasons stated. 5) The applicant should address the concerns expressed by the Fire and Rescue Service division regarding viable solutions for emergency vehicle access and regarding the proposed monetary proffer to offset impacts to fire and rescue capital facilities costs. The applicant has received an updated reply for comments from Chief Greg Zocke of the Stephens City Fire Company, stating that his Department now does not object to the rezoning after review of the Stickley Drive plan proposed by proffer. With regard to proffer amount, the applicant proffered the amount agreed to by the Board of Supervisors with the Top of Virginia Builders Assoc., namely 50$ of the recently updated proffer model. In the case of Fire and Rescue, this constituted an amount many times previous proffers made by the applicant. Apparently, the Dept of Emergency Servicias desires a 100$ proffer which raises the proffer from $15 to $880 per lot (500-1+). The proffer Mqde is $446.00 per home created and is considgFed appropriate by the applicant. t._ 3 January 1, 2001 6) The applicant should indicate how they can mitigate impacts associated with the increased use of the citizens convenience center and the need to expand that facility. The applicant believes that the Solid Waste Management function of the County Public Works Dept. is operated as an Enterprise activity where the fees charged pay for the operation and capital improvements required. With great respect for the administrators who operate this important public service, we believe that this effort will continue to be selfsupported and proffers are not, therefore , required. 7) The applicant should advise the Planning Commission if there is the potential to provide for active recreational areas within the proposed residential development. This project will be all single family detached housing which does not require active recreational facilities. It is the applicants feeling that the proffer made for Parks and Recreation will provide for the needed facilities. 8) The applicant should indicate how they plan to accommodate the desires of the Ewing family to preserve access to and improve the area of the existing family cemetery. The Ewing family cemetery will be set aside as a separate lot with public road access and deeded, if possible, to the Ewing family with covenants for future maintenance by the Ewing family. 4 January 1, 2001 9) The applicant should advise the Planning Commission how they plan to advise future lot purchasers of s�+.o adjoining on - and property issues rncluuing the awing family cemetery, the Double Church Agricultural and Forestal District, and the lagoon sites owned by the Town of Stephens City and the Frederick County Sanitation Authority. Proffers have been added to notify homeowners by plat and covenants of the nature of adjacent Ag Districts and the wastewater treatment functions and their position around the Southern hills subdivision. Additional setbacks and tree cutting provisions have been added after consultation with neighbors. Also, the GDP has been revised to move the South project entrance North on Town Run Lane in order to satisfy property owner concerns to the South. 5 Harry Stimpson, III Rte 1, Box 173-C Boyce, VA 22620 December 22, 2000 Frederick County Planning Department Atm: Mr. Evan Wyatt 107 North Kent Street Winchester, VA 22601 Re: Southern Hills Rezoning Dear Mr. Wyatt, This letter will serve to show my intent to provide by way of dedication the 50' right of way, including temporary and permanent easements as necessary, to construct the Stickley Drive extension as shown in concept on the attached plan. I am the owner of the subject property. It is understood that I may make adjustments in line and grade during the design phase of the project to properly suite development of my B-2 zoned property but understand that the alignment will generally be in accord with the alignment shown. I also have an understanding with Mr. David Holliday that he will pay for all improvements necessary within the right of way so dedicated. Please advise if you will need anything additional in this regard. Sincerely, J Harry Stimpson, III Cc: Mr. David Holliday Drive sti a � giit�Y' Y � I . Frederick county, "Virginia Rezoning Application Materials And Impact Analysis Statement For The Dorothy earbaugh Estate Property SOUTHERN HILLS Opequon Magisterial District October 2000 Prepared bv: Gilbert W. Clifford & Associates, Inc. 200 North Cameron Street Fourth Floor - Winchester lowers Winchester, Virginia 22601 Phone: 540-667-2131 Fax- 540-665-0949' E-mail: nib .cliff.cc)mnsinc.com Impact Analysis Introduction The site of Southern Hills is the Dorothy Carbaugh Estate Property located immediately south of the former Stephens City Wastewater Treatment Facility and the Frederick County Wastewater Treatment Facility. The site is accessed by way of Town Run Lane which has a direct connection to Route 277 at the interchange with Interstate 81. A portion of this site has been included since the 1980's in the comprehensive plan urban development area (UDA). Recently upon recommendation of the comprehensive plan subcommittee of the Planning Commission, the unanimous recommendation of the Planning Commission and action by the Board of Supervisors, this site has been deemed to be entirely within the urban development area. Site Suitability The site is mostly cleared as shown on the attached photograph. A description of the property is contained in Deed Book 163 Page 274 described as PIN 85-A-138. The site rises from a low elevation along Stephens Run of 685 elevation to a high of 765. The site can best be described as gently rolling with some steep slopes near the stream channel_ A flood plain exists along the north and east side of the project. Ample utilities exist within close proximity of the site. The site is underlain by Martinsburg Shale characteristic of other lands within the urban development area of Frederick County. Surrounding Properties The site is bounded by undeveloped land along Interstate 81 on the west, farms on the south and east, and the developed urban development area on the north including former wastewater treatment facilities, as well as a townhouse development and emerging commercially zoned land. The site can be adequately screened and buffered from all adjacent uses. Lands to the southeast are intensively farmed and require consideration of a buffer of some type. Traffic Traffic impacts are a substantial issue in this proposed rezoning_ The site will generate 2,500 trips per day by the proffered density utilizing the ITE study. The intersection with Route 277 has been designated as a problem intersection requiring substantial improvements both as Route 277 is widened and also when Interstate 81 is improved. The Route 277 improvement project by VDOT calls for the relocation of the Aylor Road intersection near Interstate 81 to a point east which aligms with Stickley Drive. This activity will "take" the Wendy's restaurant and result in a relocation of Aylor Road to this new intersection_ The improvement of the Interstate 81 interchange will close the Town Run Lane intersection and provide for access through Stickley Lane to the new Aylor Road intersection with Route 277 (see attached plan). A proffer of this rezoning is to provide the right-of-way and initial road improvements necessary to establish this traffic pattern. This activity will eliminate the traffic impact on the Route 277 stoplight at Town Run Lane. It also affords the opportunity to revise traffic patterns in the area which may assist in the State study for Interstate access locations along the Interstate 81 corridor. Recent meetings with State officials has indicated a relocation of the Route 277 interchange to a point south and lining up with the new Stickley Drive access road could be a better solution than improvement of the existing interchange. A study of this alternative has been agreed to by VDOT at the time 81 design studies are performed. A full traffic analysis of this situation will be prepared at the time of master development plan approval for comment by VDOT and local planning officials. Road improvements will be based on needs established by this traffic analysis. Sewage Conveyance and Treatment The site can be served by gravity sewer extension to the Frederick County Sanitation Authority facilities located to the north. The 250 houses on this site will generate approximately 50,000 gallons per day of wastewater based on the monthly average water usage in the urban development area. As of the September operating history of the Parkins Mill Facility, the plant is operating at 65% capacity allowing space in the plant for this project. There are no known transmission line issues which would prevent adequate service to this project_ Water Supply Water service would be extended along Town Run Lane to this site. The water demand for this project would be 50,000 gallons per day and there are no known deficiencies that would prevent adequate service from being provided to this project subject to FCSA comment. Site Drainage Site drainage would go directly to the Stephens Run stream channel. Along the way stormwater management facilities would be constructed to meet siltation control and stormwater peak flow discharge requirements of the County and the State. The site storm system would be designed to VDOT standards but that there are no unusual issues surrounding drainage that would affect utilization of the site. Solid Waste Disposal Facilities The solid waste would be handled by contract hauler or by owner access to dumpster locations provided by the County. Each home would generate approximately 12 lbs. of solid waste per day for a total of 1.5tons per day created by this project. Recent consultation with County officials would indicate that there is no limitation to landfill facility that would prevent this project from being serviced. Historic Sites and Structures There are no known historic sites or structures on this site. Impact on Community Facilities Frederick County's capital impact model has been run to reflect the impacts associated with this project. Proffers have been created that intend to mitigate the associated impacts as presented. A copy of the impact model output is attached. The proffer amount of $4,910.00 is 50% of the predicted total impact in all categories. Summary The following Impact Analysis Statement is provided in summary form for the property known as "Southern Hills". The property is located on Town Run Lane, south of VA Route 277, near Stephens City, Virginia. The parcel to be rezoned totals 105 acres. The parcel is currently zoned Rural Area (RA). The requested rezoning is to change the current 105 acres of RA to Residential Performance (RP) zoning. The property is shown on the attached generalized land use development plan. The Impact Analysis Statement for Southern Hills is prepared as required by the Frederick County Board of Supervisors for rezoning approval of the property. The model projects a negative fiscal impact. The owners/developers have proffered an amount that will offset the projected negative fiscal amounts projected by the Frederick County model. There are residential units proposed as part of this rezoning request. The property will support approximately 250 homes. The property is planned with interconnected subdivision streets that connect at two points with Town Run Lane. An extension of Stickley Drive is planned and proffered to mitigate traffic impacts. The property proposed for RP zoning is located in the Urban Development Area (UDA) pursuant to recent action by the Board of Supervisors and within the Sewer and Water Service Area (SWSA). Analysis of environmental and physical characteristics of this property to be rezoned indicated that there is opportunity for development as envisioned for the residential uses. Environmental features that limit the development are identified and incorporated for design consideration. Public sewer and water service are available to the property. Natural gas and electric service are available to the property. The rezoning of the 105 acres of the Southern Hills property fits within the guidelines of present planned policy for the area. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Dave Holliday Construction Inc Telephone. 540-667-2120 Address: 205 N. Cameron St. Winchester VA 22601 2. Property Owner (if different than above) Name: William H. Herrell Address: 1680 Marlboro Road Stephens City, VA 22655 3. Contact person if other than above Telephone: 540-869-4235 Name: Charles E. Maddox, Jr. Telephone: G.W_ Clifford & Associates, Inc - 540 -667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deep of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: William H. Herrell 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Agricultural Residential Single Family Subdivision PARCEL ID NUMBER 85-A-59 USE Agricultural ZONING RA 85-A-60 Agricultural RA 85-A-131 1 Agricultural RA 85-A-137 Residential RA 85-A-13 7D Residential RA 85-A-13 7E Residential RA 85-A-139 Agricultural RA 85-A-141 Local Gov't RA 85-A-142 Local Gov't RA 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). South of Stephens City, east of Interstate 81: 0.8 miles south of Route 277 (Fairfax Pike) on the east side of Route 1012 (Town Run Lane) Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 85-A-138 Districts Magisterial: Opequon High School: Sherando Fire Service: Stephens City Middle School: R. E. A,, lr�or_ Rescue Service: Stephens Cit- Elementary School: Middletown 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 105± RA RP 105± Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family home 250 Townhome 0 Multi -Family 0 Non -Residential Lots 0 Mobile Home 0 Hotel Rooms 0 Office Retail Restaurant C Square Footage of Proposed Uses Service Station 0 Manufacturing 0 Warehouse 0 Other 0 3 12. Signature: i (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (,,ve) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: ' Date.- Owner(s): ate:Owner(s): r/ / Date:3 Date: 14 Dave Holliday Rezoning Tax I.D. Number Name and Address 95-A-59 Mary Virginia Stickley Estep c/o Robert M. Bushong 14502 St. Stephens Place Midlothian, VA 23113 85-A-60 - William H_ & Shirley A. Herrell 1680 Marlboro Road Ste hens Cit , VA 22655 85-A-131 Ritenour Farm LP c/o Mary C. Ritenour 514 Peace & Plenty Lane Stephens City, VA 22655 85-A-137 Henry F. Kent & Joyce E. Myers 625 Town Run Lane Stephens City, VA 22655 85 -A -137D William L. & Elizabeth N. Ramey 824 Peace & Plenty Lane Stephens City, VA 22655 85 -A -137E William L. & Elizabeth N. Ramey 824 Peace & Plenty Lane Stephens City, VA 22655 85-A-139 Gary L. Scothorn & Stephen P. Scothorn & Dennis A. Scothorn 506 Ewings Lane Stephens City, VA 22655 85-A-141 Frederick — Winchester Service Authority P.O. Box 43 Winchester, VA 22604 85-A-142 Stephens City Town of PO Box 250' Stephens City, VA 22655 0) PROJECT ,,-AREA a fit ' c +(111iQ1 SEaI A P - 00 Op 2 -io Sq. vc. with ((D .751bs.'c�� , v h (� 0.30 C,(, �,I -;. w;4h Cc��r r„nci' dal Cover ��t'l. ��'c �� A;G�Gote af�;�1c7'l. r? o}� Qi -10 (2 2 5 c�c1 �.)c 417 pc.25 lbs. �� ' \ �. �\ /, ,in `vii •'�i .� n ` L r �E A QTE.1012 5-tc• h� � 5fa. Ir"`i.,U SCS- 4 5/0,00: T�•�IeAL SECTION (E11v�� EQ 1A,ti�P ) ppo� �aMP 14' x 1i�2° a; � c'�I��INoUs coNIcQE T � 845E couQsE �p�Q� 81TUfV,`Nou5 CONCQE TE BINDN COCQ5E TYPE H-�(i� YFE F,'-2 (� 140 SBS. YD. a.1 iUMINOU5 CCNCQE T E SUQFACc COUQSE vPE 8 (� 60 X85, P, � ",","D. � Lx 30' Q04 D QUAY PC REVIEW DATE: 02/21/01 BOS REVIEW DATE: 04/11/01 REZONING APPLICATION #02-01 IRONGATE, INC. To rezone a 14.43 -acre portion of a 48.26 -acre tract from RA (Rural Areas) to M1 (Light Industrial) LOCATION: This property is located on the south side of Fairfax Pike (Route 277), approximately 1'/4 miles west of the Clarke County line. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 87-A-12 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: M1 (Light Industrial) District ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District South: Zoned RA (Rural Areas) District East: Zoned RA (Rural Areas) District West: Zoned RA (Rural Areas) District PROPOSED USE: Fabrication Shop and Office REVIEW EVALUATIONS: Residential Fabrication Shop and Office Land Use: Residential; Church Land Use: Residential Land Use: Residential; Vacant Land Use: Residential; Vacant Virginia Dept. of Transportation: No objection to rezoning of this property. A field review has indicated the existing commercial entrance is adequate for the intended use as declared in the impact analysis. Before development, this office will require a complete set of construction plans to confirm Irongate Rezoning #02-01 Page 2 February 8, 2001 the intended use as stated above and review as appropriate. Should use ever expand in the future, the entrance may have to be upgrade to VDOT minimum commercial standards. Fire Marshal: Municipal water on site; site plan indicating expansions shall address Fire Department access; a dry hydrant at the pond on parcel 179C would increase water availability for firefighting operations. Plan approval recommended. Stephens City Fire and Rescue Company #11: Per your Impact Analysis Statement dated January 3, 2001, we do not have any problems with the proposed rezoning request. Health Department: The existing sewage disposal system is permitted for only 200 gallons per day (gpd) or six employees but the attached Impact Analysis Statement states that a maximum of 600 gpd will be generated. The sewage disposal system must either be expanded (if possible) or the water use and employees limited to that which can be accommodated by the existing system. County Engineer: Future stormwater management design shall include the impact of the development (existing) on the 1.43 acres zoned MI. The proposed Ml and existing MI shall be treated as undeveloped for the purposes of the stormwater analysis pre -condition. Historic Resources Advisory Board: There are no structures located on (or in close proximity to) parcel 87-A-12 that are included in the list of potentially significant properties of the Frederick County Rural Landmarks Survey. Counly Attorne : Who will dedicate the buffers; if owner needs to insert it. Rest looks acceptable. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the zoning for the parcel proposed for rezoning as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #007-83 on May 25, 1983. This action established 1.43 acres of Ml, Light Industrial District on the 48.26 -acre parcel. The remainder of this acreage is zoned RA (Rural Areas) District. Irongate Rezoning #02-01 Page 3 February 8, 2001 2) Location The acreage proposed for rezoning is located outside of the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). A land use plan has not been prepared for this area of the county; therefore, the Comprehensive Policy Plan does not recommend a highest and best land use for this parcel. The parent tract has frontage along Fairfax Pike (Route 277) which is classified as a minor arterial road system. The acreage proposed for rezoning is accessible via Ridings Lane which is a hard -surfaced private right-of-way with a commercial entrance on Fairfax Pike. Adjoining land uses are primarily residential on larger lots that are zoned Rural Areas District. Several residences and the Liberty Baptist Church are situated in front of this acreage along Fairfax Pike. Residential lots exist to the rear of the acreage proposed for rezoning. These lots are owned by the applicant and are occupied by the applicant and family members. 3) Site Suitability The 14.43 -acre portion of the 48.26 -acre parent tract contains areas of steep slope and woodlands to the east; however, the majority of the acreage is gently rolling with no environmentally -sensitive features. A natural drainage swale runs along the front portion of this acreage which creates a division between this acreage and the residential and church properties to the north. A portion of this acreage contains evergreens that have occurred naturally, while the applicant has planted evergreens along the southern and western boundaries to serve as a screen for adjoining properties. The parcel is not served by public water and sewer, as it is located outside of the defined S W SA, although a public water line exists within the Fairfax Pike right-of-way. The applicant's Impact Analysis Statement states that the existing fabrication shop and office are served by a septic tank and drainfield system and a private well. The applicant's Impact Analysis Statement projects that the acreage proposed for rezoning will generate an additional 105 daily vehicle trips on average. This represents an increase of approximately I% of the current traffic volume on Fairfax Pike. All of these vehicle trips will enter and exit the site via Ridings Lane which is a hard -surfaced private road with a commercial entrance at Fairfax Pike. The Virginia Department of Transportation comment suggests that the existing commercial entrance is adequate; however, they reserve the right to review future site development plans to determine if additional improvements are warranted. Irongate Rezoning #02-01 Page 4 February 8, 2001 4) Potential Impacts a) Adjoining Properties The adjoining properties to the north may experience increased noise, lighting, and visual impacts through the development of the 14.43 -acre site. The Zoning Ordinance requires the provision of a "C" category buffer between these properties to mitigate impacts. The area in which this buffer would be established is the lowest portion of the site due to the natural drainage swale; therefore, the screening element will only be effective once it is mature. b) Sewage Disposal System The Health Department comment states that the existing sewage disposal system is permitted for only 200 gallons per day (gpd) or six employees; however, the applicant's Impact Analysis Statement specifies that a potential exists for the subsequent development to generate a maximum disposal of 600 gpd. 5) Proffer Statement The applicant has prepared a proffer statement that has been signed, notarized, and reviewed by the County Attorney's Office. The applicant has proffered out several uses that are permitted in the M 1(Light Industrial) District; offered to establish a common shared buffer and screening easement with the property to the south; and provided a monetary contribution of $1,000 for fire and rescue services. STAFF CONCLUSIONS FOR 02/21/01 PLANNING COMMISSION MEETING: The proposed rezoning application accounts for acreage that is outside of the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This acreage is not within an adopted land use plan, nor is it within close proximity of other industrial and commercial land uses. The Comprehensive Policy Plan recommends that there needs to be a sufficient quantity and diversity of industrial sites to maintain a competitive market; that quality development needs to occur in terms of enhanced landscaping, architectural design, and site layout; and that appropriate infrastructure be in place or provided for industrial land uses. The applicant's proffer statement attempts to mitigate impacts to adjoining properties and community services by offering to prohibit several land uses that would normally be permitted in the Ml, Light Industrial District, and by providing a monetary contribution for fire and rescue services. Irongate Rezoning #02-01 Page 5 February 8, 2001 Staff believes that the applicant should adequately address the following issues to the satisfaction of the Planning Commission priorto a recommendation being forwarded to the Board of Supervisors regarding this proposal: 1) The applicant should demonstrate the proposed approach to adequately address the sewage disposal system concerns expressed by the Health Department. 2) The applicant's intent is to allow for future growth of an existing specific industrial land use. Therefore, it would stand to reason that the proffered uses should be revised to reflect what will be allowed on-site instead of what land use will be prohibited. The applicant has proffered out several land uses; however, many more exist which may not be in keeping with this site and this area of the county. Examples include rubber and plastics manufacturing; concrete block manufacturing; motor freight transportation; transportation services; truck rental and leasing; and industrial launderers. 3) The applicant should consider placing limits of the design standards allowed in the M1 (Light Industrial) District due to the proximity of this site to existing residential land uses and the existing church. Examples would include reductions in structural heights, business sign heights, outdoor lighting fixture heights and floor -to -area ratios. 4) The applicant should establish a generalized development plan during the rezoning process which identifies areas of development and areas in which existing environmental features will be preserved. 5) The applicant should consider establishing the required "C" category buffer early on in the site development process. The location of this required buffer will be on the lower portion of the site near the drainage swale; therefore, required screening will only benefit the residential land uses and church to the north once it is mature. O:\Agendas\COMMIENTS\REZONING\Staff Report\200IVrongate, Inc_REZ.wpd dUTP, 30ULE APPLICANT: PIN 87_A-12 Net Fiscal Impact LAND USE 'TYPE Industrial Costs of Impad Cfftt Clledik l(l j� Take REAL EST VAL $35.714,300 Required Cur. Budget Cur. Budget Cap. Future CiPi Total Potential Adjustment For p u FIRE & RESCUE ' -m only) t 1 C.apjtilTFaS cel sum only) Opef cap Equ#p lnx�it�lt�e4t �. Tarr, Otq� y) Tax Credits (�) Revenue Net Gapila! Net Cost Per Cost-5,!ants7 Fdcitities� tt= Nailing ilrtit Fare and Rebcue pepartrnen! $234,286 Elementary Schools $p $0 $4 $234,266 ERR Middle Schools S0 - High Schools $0 so $0 So ERR Parks aW Recreation U -- -•— Public Uitxary $0 $0 $0 so ERR Sheriffs Offices$0 $0 $11,359 $0g11,3�so Atkninlstratit� Building $0 $0 $0 $14a3$0 s0 ERR $o ERR Other Miscellaneous Facilities $0 30 $131,888 $26,499 $158,187 $0 sty ERR $158,187 $0 ERR SQBTOTAL $234.286 $143.047 $26,499 %0 LESS: NET FISCAL IMPACT $6,320,515 $169A46 $169 ,546 $64,739 ERR NET CAP. FACILITIES IMPACT $&,520, fi15 $6,320,&15 $fL320 Eft. _0 ERR NVEX; °1.0" If Cap. Equip included: 1.0 INDEX; "1.V If kev-Cost Bal, "4.4` if Ratio to Co Avg: 0.0 Rev -Cost Bat = 1.040 PLANNING DEPT PR,EFERSNCES 1.0 1.0 Ratio to Co Avg = 1,433 METHO DOI-OGY� 1. Capital facilities requirements are input to the first Column as gtcutated in the model. . 2. Net Fiscal Impact NPV from operations calculations is Input in raw total of second column (zero if negative); included are the one-time taxesgaes for one year only at fun value. 3- NPV of futrare oiler Cap equip taxes paid in third coturrur .as calculated in fiscal impacts. 4. NPV of future c$pital expenditure taxes paid in fourth col as caiculaled in fiscal impacts, 5. NPV of futtre taxes paid to bring current t iaunty up to standard for new facilities, as calculated for each new faaikty_ 6_ Columns three lhm0gh five are added as potential credits against the Calculated capital facilities requirements. These are adjusted for percynt of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer ealculations do not �luds kriode iinterast because tt,ey are cash payments up front. Credits do include Interest if the projects are debt financed. NOTES: Model Run Date 10/30100 EAVs! P.LN. 87-A-12 Rezor',ing: Assumes 357,143 sgtare feet office on 14.43 acre» zoned Ail Disiri(;t. Date to changing conditions associated +with development in the County, the results of this Output Mccl;le rhay not be valid beyond a period of 90 days from the model run date. 'K'%' -EZ # 02 - 01 Location Map For: IRONGATE, INC. PIN: 87-A-12 Office of Mapping and GIS, 02/01, Agray PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 87 ((A)) 12 Opequon Magisterial District Frederick County, Virginia February 6, 2001 Prepared for: Mr. Dennis Ridings IRONGATE, INC. 201 Ridings Lane White Post, Virginia 22663 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintlew@mnsinc.com Job Number: 9902014 PROFFER STATEMENT PARCEL ID 87 ((A)) 12 INTRODUCTION The subject parcel contains 49.69 acres, Currently 43.26 acres are zoned RA and 1.43 acres are zoned M-1. Adjacent property is zoned RA. The owner desires to rezone an additional 14.43 acres within the parcel to M-1. The intended purpose for the rezoning would be to allow the expansion of the existing metal fabrication business of Irongate, Inc. The owner is willing to proffer a limit on the types of uses permitted on the proposed M1 zone. Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 14.43 acres on Parcel 87-((A))-12 from RA to M1, development of this particular 14.43 along with the existing 1.43 acres currently zoned M1 will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. The land and any improvements thereto will be expressly not used for the following uses normally permitted under the M1 zoning: ■ Manufacturing as follows: • Dairy products • Canned, frozen and preserved fruits, vegetables and soup mixes • Bakery products • Sugar and confectionery products • Bottled and canned soft drinks and carbonated water • Flavoring extracts and flavoring syrups • Miscellaneous food preparations and products -Textile mill products -Apparel or other finished products made from fabrics and similar materials • Lumber and wood products • Furniture and futures • Paperboard containers and boxes • Converted paper and paperboard products PROFFER STATEMENT - PARCEL ID 87 ((A)) 12 • Printing, publishing and allied industries • Drugs ■ Local and suburban transit and interurban highway passenger transportation ■ Transportation by air ■ Restaurants ■ Tire retreading ■ Regional criminal justice, enforcement and detention facilities for Frederick County, Clarke County and the City of Winchester ■ Industrial launderers ■ Truck or fleet maintenance facilities 2. The owner shall enter into a common shared buffer and screening easement agreement between properties identified as Tax Map 87-A-12 and 86-A-1 79C to satisfy the requirements of Section 165-37D(4) of the Frederick County Zoning Ordinance. This buffer shall incorporate a minimum buffer between the two parcels of 400 feet. The common shared buffer and screening easement agreement shall be executed prior to the issuance of a building permit for improvements on parcel 87-A-12. Monetary Contribution to Frederick County Service Organizations The owner of Parcel 87-((A))-12 will donate or will cause to be donated to the Stephens City Fire and Rescue Company No. 11 the sum of $1000.00 for impacts to fire and rescue services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. PROFFER STATEMENT - PARCEL ID 87 ((A)) 12 Submitted By: Mr. Dennis Ridings - - i Dennis Ridings Date: Q?/6/oi STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit - The foregoing instrument was acknowledged before me this (PA day of Fe_6rua,-,,, aoa by Mr. Dennis Ridings. My commission expires on Frinfidn Date Julys pnn2 Notary Public IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL ID - 87 ((A)) 12 Opequon Magisterial District Frederick County, Virginia February 6, 2001 Prepared for: Mr. Dennis Ridings IRONGATE, INC. 201 Ridings Lane White Post, Virginia 22663 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street- Suite 200 Winchester, VA 22601 Tel.: (540)662-5792 email: paintlew@mnsinc.com Job Number: 9902014 RECEIVED FEB 0 7 2001 DEPT. OF PLAN NINO DEVELOPMENT IMPACT ANALYSIS STATEM':;.NT PARCEL ID 87 ((A)) 12 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section paqe L INTRODUCTION 1 A. SITE SUITABILITY 1 B. SURROUNDING PROPERTIES 2 C. TRAFFIC 2 D. SEWAGE CONVEYANCE AND TREATMENT 3 E. WATER SUPPLY 3 F. DRAINAGE 3 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 4 1. COMMUNITY FACILITIES 4 J. OTHER IMPACTS 5 APPENDIX g IMPACT ANALYSIS STATER^ENT PARCEL ID 87 ((A)) 12 L INTRODUCTION Irongate, Inc. is a steel fabrication shop located on 1.434 acres of "spot" M-1 zoning within a 49.69 acre parcel in Frederick County. Access to the site is from Route 277, Fairfax Pike, through a variable width right-of-way across an adjacent parcel which is under common ownership. The owner, Mr. Dennis Ridings, desires to increase the amount of M-1 zoning area on the parcel by 14.43 acres. The subject parcel is identified by Tax Map 87-A-12, is currently zoned RA/M-1, contains the steel fabrication shop, and is otherwise vacant. Surrounding parcels are zoned RA and used for residential purposes. Please refer to Exhibit 1. The owner desires to rezone the 14.43 acres of the subject parcel from RA, Rural Agricultural, to M1, LIGHT INDUSTRIAL DISTRICT. The intended purpose for the rezoning is to allow the expansion of the existing fabrication shop and associated operation. A. SITE SUITABILITY The upland areas of the site are well suited for development of a light industrial use. The topography consists of gently sloping upland areas with some severe slopes on the eastern portion of the site leading to the tributary streams of Crooked Run. The soils are generally shales which can be readily reworked with heavy equipment to create building and storage area sites. Please refer to Exhibit 2. 900 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0200 B shows the subject area to be outside of any flood hazard zone. The site is located in the uplands area of Crooked Run. WETLANDS No wetlands have been identified on the site. Wetlands may exist in the channels of the tributary streams of Crooked Run. STEEP SLOPES The property generally slopes to the southeast toward Crooked Run. Slopes increase in severity as they approach these intermittent tributaries. Slopes which exceed 15% can be found on the eastern portion of the site near the tributaries. Please refer to Exhibit 3. MATURE WOODLANDS The site is approximately 20% wooded. These woods contain such canopy species as white and red oak and black cherry. Understory species consist of Virginia Pine, locust, page 1 IMPACT ANALYSIS STATEI`^ENT PARCEL ID 87 ((A)) 12 dogwood and red bud. This wooded area will be preserved to the extent practicable. Disturbance of the woodland areas will occur during future facility expansion as allowed by the Frederick County Zoning Ordinance. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: Weikert-Berks channery silt loam (41C), Zoar silt loam (44B), and Berks channery silt loam (1 B). These soils are part of the Wei kert-Berks-B lairton Association which are generally shallow to moderately deep and formed from weathered shale or sandstone. The Unified soil classifications are GM, ML, and SM. Weathered bedrock can be expected at relatively shallow depths around 30 inches below the ground surface. B. SURROUNDING PROPERTIES The site to be rezoned is bordered on the east by two properties used for residential purposes (Calhoun & Smith) and one property used by a church (Liberty Baptist Church). To the south is land used for residential purposes (Fansler). To the west is a vacant tract owned by Carlson. The land to the south consists of two parcels owned by Mr. Ridings. One parcel contains the Ridings residence. The other parcel is the parent tract of the subject rezoning area. All surrounding property is zoned RA. Potential adverse impacts from the proposed rezoning of the site will be mitigated by existing vegetative screening and by the buffering and screening requirements of the Frederick County Zoning Ordinance. The owner will proffer to enter into a common shared buffer and screening easement with the owner of Parcel 86 -A -179C to serve as the required Category C buffer. Please refer to Exhibits 3 and 8. C. TRAFFIC Irongate, Inc. is currently set up to operate with 25 employees; 5 office workers, 5 shop workers, and 15 field erectors. On a typical work day, the field erectors travel directly to the job site without going to the fabrication shop. According to the owner, future expansion of the business is projected to peak at 50 employees. Traffic will enter and leave the property via a right-of-way to an existing commercial entrance at Route 277. According to figures from the Virginia Department of Transportation, the traffic on Route 277 in 1997 at this location was 7000 vehicles per day. Traffic estimates will be made using the figures in the ITE Trip Generation Manual, Sixth Edition, for Manufacturing based on employee count. According to ITE Trip Generation figures, the average trip generation per employee on a weekday is 2.10. The average estimated daily trip generation for the proposed development is 105 vehicle trip ends. The average trip generation at the A.M. peak hour is 0.39 per employee. The estimated peak A.M. trip generation is 19.5. The average trip generation at the P.M. peak hour is 0.40 per employee. The estimated peak A.M. trip generation is 20. page 2 IMPACT ANALYSIS STATF`1ENT PARCEL ID 87 ((A)) 12 Significant traffic impacts are not anticipated under the current use plans for the site. However, in the Frederick County Facilities Fiscal Impact Model run for this site, it was assumed that the most intensive use for the 14.43 acres would be 357,143 square feet of office space. Traffic impacts under this scenario are also presented herein. Using the ITE Trip Generation Manual for General Office Building and based on gross square foot area of building, the average estimated daily trip generation for the potential development is 3932 vehicle trip ends. The estimated peak A.M. trip generation is 536. The estimated peak P.M. trip generation is 532.1. While the potential for this volume of office traffic exists if the site is rezoned to M-1, the owner would be required to apply to Frederick County for a change of use. In addition, VDOT and Frederick County would perform a full review of any site plan for an office development. Traffic impacts would be mitigated at that time. D. SEWAGE CONVEYANCE AND TREATMENT The site is not within the Frederick County Sewer and Water Service area. There are currently no public sewerage facilities serving the immediate area. Adjacent residential lands are served by on-site sewage disposal systems. The Irongate, Inc. facility is served by a septic tank/drainfield system. It is not anticipated that sewer service will be extended to the site in the near future. The capacity of the existing on-site system to serve future expansion of operations will be monitored and approved by the Virginia Department of Health. Sewage generation can be estimated based upon the number of employees who work full-time at the office and shop. It is estimated that there will be a maximum of 20 employees generating 30 gallons of sewage per day, or 600 gallons. The existing on-site sewage disposal system is permitted for only 200 gallons per day, or 6 employees. Before expansion of the current operations and facilities, the sewage disposal system must either be expanded or the water usage and employees limited to that which cam be accommodated by the existing system. E. WATER SUPPLY The current operation is served by a private well. A public water main is located in the Route 277 right-of-way, however, since the site is not within the Frederick County Sewer and Water Service area, there are no current plans to extend public water to the site. F. DRAINAGE An increase in storm water runoff can be expected with any development on the parcel. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165. It is anticipated that storm water detention facilities will be created page 3 IMPACT ANALYSIS STATF LENT PARCEL ID 87 ((A)) 12 in the natural Swale area above the tributaries to Crooked Run to meet regulatory requirements. Future storm water management design shall include the impact of the existing 1.43 acre development. The proposed M-1 and existing M-1 areas shall be treated as undeveloped for the purposes of analyzing the predevelopment condition. G. SOLID WASTE DISPOSAL FACILITIES The nearest solid waste transfer facility is located approximately 4 miles to the southeast on Route 522. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by the development can be estimated based on one pound per employee per day. The projected maximum number of employees, including field erectors, is 50. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal needs can be estimated by - cost = cost per ton 'of waste x tonnage $547.50 = $60.00 x (1x50) x (9/2000) x 365 H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the . Virginia Landmarks Register and the National Register. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest known battlefield is the site of the Second Battle of Kernstown located approximately four miles to the northwest. The Rural Landmarks Survey Report lists several structures within approximately one mile of the site, which were inventoried due to the age of the structures, but these are not considered architecturally or historically significant sites. Please refer to Exhibit 4. I. COMMUNITY FACILITIES EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Stephens City Fire and Rescue Company No. 11 located approximately 3.0 miles to the west of the property in Stephens City. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for emergency service facilities attributable to this development is $00.00. page 4 IMPACT ANALYSIS STATED"rNT PARCEL ID 87 ((A)) 12 PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $00.00. J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: • Public Library - $00.00.- • 00.00;• Sheriff's Office - $00.00; • Administration Building - $00.00; • Other Miscellaneous Facilities - $00.00. After adjustments for tax credits, the net capital facilities impact is $00.00_ Please refer to item 8 in the Appendix. page 5 IMPACT ANALYSIS STATEAP'NT PARCEL ID 87 ((A)) 12 IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 - PROPERTY MAP 1 EXHIBIT 2 - LOCATION MAP 2 EXHIBIT 3 - SITE DEVELOPMENT PLAN 3 EXHIBIT 4 - HISTORIC STRUCTURES MAP 4 EXHIBIT 5 - FISCAL IMPACT MODEL Jr. EXHIBIT 6 - PROPERTY DEEDS 6 EXHIBIT 7 - CURRENT TAX STATEMENT 7 EXHIBIT 8 - PROFFER STATEMENT 8 page 6 IMPACT ANALYSIS STATE" 4ENT PARCEL ID 87 ((A)) 12 EXHIBIT 1 - PROPERTY MAP page 7 SST35'00'E 133.04' 86—A -179A ROUTE 277 1.00 ACRES ZONED: RA \ c USE: RESIDENTIAL 6 -ACRES �_ ZONED: RA P USE. CHURCH / N42'D3'34'W 6938' � / 87—A -12C 6.41 ACRES ZONED: RA USE: RESIDENTIAL, / a• � 87—A-12 / 87—A -12D / \ 1.43 ACRES / 13.29 ACRES / ZONED: M-1 ZONED: RA / USE: INDUSTRIAL USE: RESIDENTIAL 34 ACRES A / O ZONED: ARA N \ USE: VACANT N63'3 D4.2, \ 104.24' 86—A -179C 19.26 ACRES / 86—A -179F ZONED: RA 1.05 ACRES USE: RESIDENTIAL ZONED: RA m PROPOSED REZONING LINE USE: RESIDENTIAL AREA TO 6E REZONED: 14.43 ACRES N54 165.79 1/ / NN 1 /N84'1 6849 ,4 87—A-13 30.96 ACRES lb/ �w ZONED: RA try/ N111e'05 / USE: RESIDENTIAL 1327fi 87—A-12 �~ ♦ ♦ 48.26 ACRES ZONED: RA / USE: VACANT / 8•♦ 3o2j� � ♦ / 86—A-218 \ \ 94 ACRES ZONED: RA USE VACANT \ IRONGATE, INC. FREDERICK COUNTY, VA SCALE: 1'=500' DRAWN BY: JCL DATE:24OCT00 JOB #9902014 REVISED: PAINTER—LEWIS, P.L.C. WINCHESTER, VIRGINIA DRAWING NO_: PROPERTY MAP EXHIBIT 1 IMPACT ANALYSIS STATEPil.l..NT PARCEL ID 87 ((A)) 12 EXHIBIT 2 - LOCATION MAP FA :k IRONGATE, INC. FREDERICK COUNTY, VA SCALE:1'm1000' DRAWN BY: JCL DATE:240CT00 109 #9902014 REUSED: PAINTER-LEWIS, P.L.C. WINCHESTER, VIRGINIA DRAWNG NO.: LOCATION MAP EXHIBIT 2 IMPACT ANALYSIS STATER^`=NT PARCEL ID 87 ((A)) 12 EXHIBIT 4 - HISTORIC STRUCTURES MAP page 10 IMPACT ANALYSIS STATE�^FNT PARCEL ID 87 ((A)) 12 EXHIBIT 5 - FISCAL IMPACT MODEL page 11 U C .tq C C t0 N C O U U L 41 'C3 v L LL OUTPUT MODULE APPLICANT: PIN 87-X 12 Net Fiscal Impeu LAND USE -PYRE Industrial Costs of Impad chka Creft-t4 be Take Total Potential Adjustment For REAL EST VAL S35.714,300 Required (entered in Cur. Budget Cur. Budget Cap. Future C0 Tax Credits Revenue- Net Gapitat Net Cost Per FIRE &RESCUE 11 Qtz$a1_Ea s col sum only) Qpef Cap E4uip ExamuDlettt.S. Taxes, Other Wnailjusiect) t Fdcitities IIDtt t E�mefiing U t Fre and Re3cueDepartnlent $234,266 $0 $0 $234,286 ERR Elementary Schools $0 _ -- Middle Schools $0 $0 $0 $0 $0 SP ERR High Schools $o -- Parks arta Recreation $0 $0 $0 $0 So ERR Public Library $0 $0 $0 $0 so ERR Sheriffs Offices $0 $11,359 $0 to $11,g 511,359 5R ERR AdministratiM Building to to $o $0 so ERR Other Miscellaneous Facilities $0 $131,688 $26,499 $158,187 $158,187 so ERR SUBTOTAL $234,286 $143,047 $28.4439 t0 $169,446 $169,546 $64,739 ERR LESS: NET FISCAL IMPACT $6,3220,415 $6,320,615 $6,320,615 $�i,32Q §L0�__ NET CAP. FACILITIES IMPACT [�`��--0 ,ERR ERR HXX' '1.0" If Cap_ Equip Included: 1.0 INDEX: "1.©' K kev-Cost Bal, "0.0` if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.Wo PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to (b Avg = I A33 METHODOi_OGY 1. Capital facilities regdireo*nts are input to the first t olurnn as calculated in the modet. 2. Net Fiscal impact NPV from operations calculations Is input in row total of second column )zero if negative}; included are the one-time taxeslfees far one year only at fua value. 3. NPV of future oiler dap equip taxes paid in third ci»utrai as calculated in Bscai impacts. 4. NPV of future cspital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new Wlity_ 6. Columds three throMh five are added as potential credits against the calculated oapitat facilities requirements. These are adjusted for percent of costs covered by 9m revenues from the project (actuate or as ratio to avg. for all residential development). NOTE: proffer 4atculations do not include i rAide i,darost because they are Cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run date 10/30x00 EAW P.t.N. 87-A-12 Rezoning: Assumes 357,143 squam feet office o014.43 acre~ zoned M1 Vsl6a. Due to changing conditions associated with development in the County, the results of this Output Wd0a may not be valid beyond a period of go +lays from the model run date. IMPACT ANALYSIS STATE" "ANT PARCEL ID 87 ((A)) 12 EXHIBIT 6 - PROPERTY DEEDS page 12 x20,332 -A <<HHW:jr 4,.10/11/74 u l,• ml1i . �F jb-1F-IF�f-iE iE �E-N--IE-fF-7�jF �l--%-%�E-IF �f--K-jF-H--7F iF-%-1F-�-IE-)E • --- -- - . M. MAP,TIP1, T'T AL �.. . T0: .. --Df?MD • DLNNIS L. RIDINGS, W TTX � �-xx-�*�t--a��-�x-�x�x�x-�tatrt-ac--x-�x-��t-��•�x- eo9r. 437 rAcE 92tL THIS DEED made and dated this• day of October.' 11974-9 by and between ARTHUR M. MARTIN -and ELOISE M. MARTIN, his wife, ALFRED D. WISE and MARY L. WISE, his wife, and LEONA W. WHITTAKER. unmarried, parties of the first part, and DENNIS L. (RIDINGS and BETTY A. RIDINGS, his wife, parties of the second part. WITNESSETH: That for and"in consideration of the sum of Ten Dollars ($10.00)'.and other good and valuable considera- tion, the receipt of all of which is hereby acknowledged. the .parties of the first part do hereby grant, bargain, sell and i, convey with general warranty -of title, unto the parties of the second part, jointly, as tenants by the entireties, with common law right of survivorship, it being intended that the partof the one dying should then belong to the other, his or her heirs or assigns, the following described property and appurtenances I. thereunto belonging: I All that certain tract of land containing i r 45.67 acres, more or less, located on the Southern I Boundary Lines of the Stephens City - Double ' Toll Gate Road, Route 277 and situate in Opequon Magisterial District, Frederick County, Virginia,' I bounded as follows: Beginning at an iron pin (found) in the said Boundary Line, a corner to the Carlson Lot, running with the raotern Line of said Lot, and r continuing with the Eastern Line of the Carlson Land S 260 45' 35" W 2,698.39 feet to an iron pin in the Northeastern Line of the Kenyon Land; I thence with the said Line S 591 30' 27" 1: 693.90 ! feet to an iron pin corner to A; thence with thr: Northwestern Line of the said parcel 11 32e 41' 54" E 1,804.50 feet to an iron pin in the Center Linc I of the Power Company R/W, a corner to the 9.97 Acre Tract; thence with the two following linea of the said Tract - with the Center Line of said R/W 11 560 06' 39".W 396.40 feet to an iron pin; thence 11 350 31' 19" E 1,07 02 feet to an iron i pin in the said Boundary L' c (Arc Line); thence with the two following Dcdlry Lincs - with the d Arc Line 530.12 feet (Cli ll 750 Z2' 56" 11 53G.20 feet) to .a high y gnonumcnt; thence 11 031 r 35' 11 133.04 feet to t e beginning, containing, I 45.67 acres and being shown on a certain l)lnt and purvey dated July 25, 1974 prelinred by Len A. Ebert, Certified Land Surveyov,.which is at- tached hereto and 18 to be read as a part hex-cof. 0 I ' I ' I . ea6i 437 foci 93 i The property conveyed herein is a purtion of that larger tract or parcel of real estate which was conveyed by Ora I B. Wise to Paul S. Wise and Olive E. Wise, his wife, for their I lifetimes, and upon their death to their children, by Deed dated , the 29th day of March, 1940, of record in the Office of the Clerk! of the Circuit Court of Frederick County in Deed Book 180, at I Page 108. Olive E. Wise departed this life September 189 1961 intestate, having been a resident of Frederick County,'Virginia � and Paul S. Wise departed this life testate on July 79 1973, I having been a resident of Frederick County, Virginia. Three I i children were born to Paul S. Wise and Olive E. -Wise, namely I Eloise Wise, now Eloise Martin, Leona Whittaker, formerly Leona 1 I Wise and Alfred D. Wise. All of said children are.over twenty- one (21) years of age. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby i I conveyed. I This conveyance is made subject to all duly recorded and enforceable restrictions, easements, and rights of Way. I Except as noted above, the Grantors covenant that they have a right to convey said property to the Grantees; that they I have done no act to encumber Said property; that they will execute such further assurances of title to said property as may ; be requisite; that they are seized in fee simple of the property conveyed; and .that the Grantees shall have quiet possession of said property free from all encumbrances. WITNESS the following signatures and seals: -2- ;yA (SEAL) Arthur M. Martin ./;P 41 /'71. �I�(SEAL) Eloise M. Hartin #294 CLARKE L. CORNWELL, ET ALS TO: DEED S PARTIAL RELEASE # DENNIS L. kIDINGS, ET UX * k * # # * * * * 1 * # * * * * * * * * * * * * * * * DNSTl�r.i,... THIS DEED AND DEED OF PARTIAL RELEASE made and dated the "7 day of , :3 _1 198_7_, by and between CLARKE L. CORNWELL and NORA ft. CORNWELL, his wife (hereinafter "Cornwells-), parties of the first part, DENNIS L. RIDINGS and BETTY A. RIDINGS, his wife (hereinafter "Ridings*), parties of the second part, SHENANDOAH PRESBYTERY CORPORATION, a Virginia non -stock corporatio r BENEFICIARY, party of the third part, and J. SLOAN KUYKENDALL, SOL ACTING TRUSTEE, party of the fourth part. WITNESSETIis That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuabla consideration, the receipt of all of which is hereby acknowledged, the Cornwells do hereby grant, bargain, Bell and convey with general warranty of title, *unto the Ridings, Jointly, As tenants by the entireties, with common law right of survivorship, it being intended that the part of the one dying should then belong to the other, his or her heirs or assigns, the following described property and appartenanc s :hereunto belongings 1 All that :ertain parcel or lot of land lofyated on the south side of State Route 277 in Opoquon Magisterial District, Frederick County, Virginia, containing 3.90 acres and being more particularly shown as Parcel "B" on the plat of Elliott Ritchie, Jr., dated November 15, 1983, entitled "A Subdivision of the Property of Clarke L. Cornwell", attached hereto and by this reference made a part hereof, LESS AND EXCEPT a cemetery con- taining approximately 0.04 acres. The land conveyed herein is a portion of the.land conveyed to the Cornwells by deed _f Shenandoah Presbytery Corporation dated Sc.tember 7, 1979, and recorded in the Clerk's Ofi�ce of the ;ircu_t Court of Fre0crick County, Vir4laia, in Deed Book 513, at Fngr. 677. Reference is here made to the aforesaid instruments land the rittachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made 'subject to all duly recorded land enforceable restrictions, easements, and rights of way 1 7 y �./ alar ., :N ,awe ..>ae•tr � _ .r' .i L- � $1 :C �,ri is ra/r1M„ p ^n.a l• }Say9s .f / � `. i :..e� e'Cx Y,a� r 2. \� r.rt ; J�` _ .t.Sp7ro•.9i ' /S.y- i t je•e '_s:. S.r. h;a ~��•� �, 7 � I p •S'+l if pl' / 1� <a : , . .�` ST: . Vicinity flap 7—n� w � / ce p•ta.tt.9 t•dj" \ ,•lw e•,r+.t „'a :< tom, _,� a SClIC:1'-10Jp' i ' S u,. R`' - _ :•� .eot.::.<.i v a.-.� - = O i]F G 1 E mss. �C_:F\+ ` o • r C.S. to 9s?r n 4P-9 a 9 ` ` i' *11.1' s F•�`' \ '\ ' W 0 1{ te.sr lo -m a1on/ }•eHrtr lino ro g• ' `i O.i. 191. P7•S .r• T t',1 SLI t 2Ls . 4 Aw ..t. G' - ! lacat� � of `saaraa.-su lxat,an Soot it f;old ftrcel 1% \ '\ w p tom, �u�aiy►�ie` �,P�f?I�v�o t ssi� 30,1C• \ ' '. /�{J�pl`951s7 b1t N R4TQRCA E o `. tt' " •(.n.•.e'n A SUBVIYIS104 �` aaaarts'n ,,t OF THE PROPERTY Of ��•' •11 °`'' - s Clark L. Cornwell ,�r'ibYCO �••f FAtY0.,t.,1 ;:'J fin to L• -wt it N[AL•'. L1irT OPEQuOH DISTRICT T_: rssow on this plat is to be �i:;Ya. S.C. n,;.fh.u• FREDERICK COUNTY. YIRGIhIA •,.•, _ eowgod to pas-,& 1- Rla„ys Or f lark ;,p7q q, 3— 1 %114 HOWASER i 5 . 1993 i L. tir-olt am 'a to so ;o:nM tgoeMr 7 SC i • =i D0 -t": et*- land of panus L. It r„ys RITCHIE SURYEYS _ wa,+da,o:,tconta,a.,yal.lp:+tn. SIEPMENS CITY. YIRGiYI: 's' ,i-- ;21105.001 ;:12/31/90 :TMD/sk :Y 4 <u. . }4 \ r, : Cl a .. .t �'•;:;: AMa91.. W 'E��t10fTk'i5 OX754rr, 1706 THIS DEED made and dated this y f day ofd` I. 1991, by and between Robert A. Einstein and Janet S./nstd.i his wife, hereinafter referred to as Grantors, and Dennis L. Rising$ and Beverley S. Ridinua., his wife, hereinafter referred to as Grantees. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, well and convey with general warranty of title, unto the Grantees, as tenants in common, a one-half (1/2) undivided interest each, in and to the following described property and appurtenances thereunto belonging: All of that certain tract of land located on the southern side of the Stephens city - Double Toll Gate Road. Route 277, and situate in Opequon Magisterial District, Frederick County, Virginia, containing 28.343 acres, more or less, and being a portion of Tract 4 containing 69.996 acres shown on that certain plat and survey made by L. Allen Ebert, L.S., dated September 4, 1987, recorded in the Office of the Clerk of the Circuit Court of Frederick county, Virginia, in Deed Book 659 at Page 734,.by reference made a part hereof as if set out in full, and being a portion of the same property acquired by the Grantors herein by deed from Arthur M. Martin, et al, dated October 11, 1974 and recorded in the aforesaid Clerk's Office in Deed Book 436 at Page 516. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. ''•':' ,, Ty r'" This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. The Gi'°antors covenant that they have a right to convoy said property to the Granteesj that they have done no act to encumber said propertyl that they will execute such. r PAGE 2 OF 4 ov � �pLTIi-p�, • —' oN pfi� yrs, Z �+' o Uj 4 rq I� inTRA C T �i � 0 Z o v LL a 3 1498 a i v a: a I V� � 4 O� j a - U MN�a �a�N9URY�Y v zo TRACT 2 a TRACTcn 1 w w /RpN P/ N\ 446 D.B. 4377 - P. 92 w co M " Z 00 ' .-------------- LO O It �jfa TRA ti `a 3 69.996 ACRES gI Y M tom In. ib 4 A CO � a z I' aoa CL ry I t-Iw 0) r� o M dy�p OM" >M "W IN _ > 4 at I n 2 [� W a LL I tt Ld u n In d. a I N w C) m LL I z a LL z � a M a �. S 591 30' 27"E k - 1,332.13' _ JOHN MAX LEIGHT [ LII_LIAN JOANN G. LEIGHT D.B. 426 - P. 121 VICIN1= MAP scal�l�=z,cdo' m 0 t.9 r` t% - ac ac 0 APPROVALS WWr*W1 t ' 4,. Owner's Certificate The above and forgoing subdivision of the land of Dennis L. Ridings is with free consent and in accordance with the desires of the undersigned owners. Denis L. Ridings Date ZiM �ccluna W7 Beverley—S. aidlPs Vatt t 19.=592 6885 Ac. iN�? itiAP Scalal"=1,000' NOTES 1. No Title Report Furnished. 2: The property shown on this plat is a portion of the same property delineated on Frederick County Tax Assessment Map Number 86000AO0000000000179C and Map Number 87000A000000000000120. - 3. The property shown on this plat is a portion of the property acquired by Dennis L. Ridings at D.B.437, P.92, D.B.571, P.446 add 754, P.1706. 4. The property shown on this plat is Zoned - RA. 5. Setback Requirements. Front: 60' Side: 15' Rear: 50' Access Esm't.: 60' E91dt FA I is Jr UCENSE No 'FINAL PLAT FOR K NOR RURAL SIIBDIMON A PORTION OF TBR LARD OF DENNIS L. RIDINGS OPBQOON WBTRICT FltBDBB= CONIR'T, YMOIInA SCAUU%-219' JANUARY 29,1991 STSFBHNS CAT, VIRM" Rhiised 3-1-01 Slat 1 of 2 200 100 C 200 400 -- N • a Vernon A. Carlson ` 7 D.B.391,P.638 a D.B.400, P.340 Xa 7!oned:RA N N 26. 45' 35" E - 1,743.55' -- 7,-�D.B.754, Ridings•N3'-��.., -----6d'$ig-ht ofillay— -----•`;-'� :_ ----------+'� dk DB716 P907'� ��ewr�°O c ,fi98/ 60' B.R.L_�_ S i6a145' 35" W - 667.68' Zoned:RA a N 840 14,57" W g, 3; !�` :i 260 45' 35" W - 459.10' to N to W 97.521 7c 2' k• Z / �' t o 1 �, Liberty Baptist Church a D.S.698, P.691 ` °�! ��"C' �,$o ti6o`. ��,• �... J �.. __tea D.B.692, P.867 .a m ai.j "^oi� cue b0 vatiga / /h / � !m � m I �• j q c t =9p6t� ..00 //; fj Shed POND ; !m 1.434 Ac. c _e Zoned..M-1 D e" a h m ��►LTN Qr y ) �> , 3 . ; •`' Shed tZ E e grovI,n'�/r iStory Frame r�an;a;ac� Cel 4'/y ,,; aa'v Shed zv� ?p' �E. 111otRitCt1@. Jr 7G Q:� � IQ• % al� — -- - -i 0 o ,� /� Garages'-' 29.2542 ACRES �1 a► q A G co LtCEN' �E NO `�• / /� /y of �+ ' 1`a 1311 3 co ' �• S 32. 41' 55• W � FINAL PLA.0 " FOR Z - 1,054.79' - MINOR RURAL SUBDIVISION Other O A PORTIO]Y OF to Lend of t� B THE LAND OF ti Dennis L. Ridings D.s.4371 P8 P. 2 D.B.571, 446 DENNISS L. RIDINGS to D.B.659, P73 OPEQUON D13TRICT D.B.7541 P.1706 -, a FREDERICH COUNTY, VIRGINIA Zorted:RA 8 SCALE:1't200' JANUARY 29,1991 49.88 95 Ac. Remaining tt- = �" S $ 7 Rr!'CHIE SURVEYS STEPSENS CITY, VIRGINIA Revised 3-1-91 Sheet 2 of 2 IMPACT ANALYSIS STATEMF-''T PARCEL ID 87 ((A)) 12 EXHIBIT 7 - CURRENT TAX STATEMENT page 13 C. William Orndoff, Jr., CGT County Treasurer October 25, 2000 Mr. John Lewis Painter -Lewis 302 S. Braddock St. Winchester, VA 22601 Dear Mr. Lewis, COUNTY of FREDERICK Office of Treasurer P.O. Box 225 Winchester, Virginia 22604-0225 540/665-5607 FAX 540/662-5838 Judith K. Malone Deputy Treasurer R. Wayne Corbett, CGDT Deputy Treasurer for Compliance According to our records, on property ID# 87-A-12 & 86 -A -179C, the taxes for the first half of 2000 and prior years are paid. If you have any questions regarding this matter, please contact our office. Thank you, Lisa M. Chisholm Collections Assistant 107 NORTH KENT STREET • WINCHESTER, VIRGINIA 22601 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Pe -c-, 4—v- - L e, s , F. L • C . Telephone: (t -T - yo) (, G a -,s-7 q.2 Address: 3o a S. B��daGk .5�. r4,. 4 0 1,J; ick-eJ4-c ' V -Q 2- 0 r 2. Property Owner (if different than above) Name: `SLot t G►a-LC3, , L N, L . Telephone: 5 tnv Address: 1,&V UJ, M%5� ¢o5T .vv\ z2r4f 3—L�-I 3. Contact person if other than above Name: Soj--,, (!-• Telephone: ( qc) h (cj - 3-7 5; 4. Checklist: Check the following items that have been included with this application. Location map _ Agency Comments Plat Fees Deed to property Impact Analysis Statement �^ Verification of taxes paid Proffer Statement 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: B) Proposed Use of the Property:Q7 VV-��-Tua..L 7. Adjoining Property: PARCEL ID NUMBER USE ZONING bI - A ta.o V&Zlt-�-r RA 'IT 1+7�[TtAL. tA 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): pco'- . tt G 1 -4 Z Il I LEl,Uz�S't o 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide lnLo.- iation concerning the specs cs of t' he proposed use. '"dierwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number S T _,A_ 1 z C 41, &j a Magisterial: (� Fire Service: Rescue Service: Districts High School: N t A. Middle School: Nlt4 Elementary School:_ tjI4 10. Zoning Change: List the acreage included in each new zoning category being requested. SIN '�b-I-A-ti Acres Current Zoning _TZoning Requested I4.�3 tai A M-1 H Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed Number of Units Proposed Single Family homes: nl A Townhome: to Multi -Family: N4 Non -Residential Lots: K A, Mobile Home: �!w Hotel Rooms: PJA. Office: Retail: Restaurant: Square Footage of Proposed Uses 13 Service Station: Manufacturing: Warehouse: Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: Date: Owner(s): `v Date: 118101 Date: 14 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Pro a Identification Number Address Name .� t4,. CGdiS�� . Q O x �° 1 5kc� to C'i z Z sS Pro e # 6-A-1'79 4 - Name Name L 17 1 s (tiv Pro e # f�(a -,A- I -1917 Name LeV Property # 8U -A- 1-1gC-JZ-1-co� Name [ rn f✓tc°It- T -,-,,Cc, er t L 3&t VJ ►.", }� o S } , �/.l a z t� 3 Property At iS6- A - 17 s Name �;J Wyk-Vosk,V� Property #'fi-A-1Z Name `—" s C cel 14S -S -t c. L6,1 S 4e �rws Com, 4 1. \! t. 55 Pro e # 11 -A -17-c. -4- -a-7-A- c3c Name lir, Pc .5 ►�, ,�� + E , I S VaAIe'� Property # Name Property # Name Property # Name Property # 15 .. / - PAGE 2 OF 4 I• Up V s ,R L A N EDEE T�-� o � M TRA C T �( E) No. Q "' 3 1498 � I _ 0 4 ' O.�N'nn N V r4ND 9UR��Y�� °Std / �� z TRACT o� 2 I _ _- TRA C T i ° 4?. I �3. P. 446 PSN t 0.8. 43T - P. 9Z k W i I 1(j N =,?A C T 4 tYi 69.996 ACRES z y Rf I � w Q Q lD �- - Q) NND J N aaO W . �M tW0 t } J 3 � 1 T_ Y M m V) M . 2 I _ _- TRA C T i ° 4?. I �3. P. 446 PSN t 0.8. 43T - P. 9Z k W i I 1(j N =,?A C T 4 tYi 69.996 ACRES z y Rf I � w Q Q lD Z N aaO W I > Z °N'If- 0.Qa 7 V Q Cj V C] Qi IM N O I Iz O LL IZ a :zl S 59' 30' 27" if - 1,332.13' JOHN MAX LEIGHT L 11_LIAW JOANN G. LEIGHT — O.B. 426 - P. 121 H y J C2 N 4 z 4 k N 47 O M It O " 1 > m da J' 1 aay � 1+1 � 1 n J La �a U 1/J It N M w z a C3 ZI2 0 LL d o� .z 13L Lr VICINTPY MAP o 0 cti CL - r_ ems. m NOTE i 1. No Title Report Ftanished. 2: The property shown on this plat is a portion of the same property delineated on Frederick County Tax Assessment Map Number 86000A00000000000179C and Map Number 87000A00u000000000120. 3. The property shown on this plat is a portion of the property acquired by Dennis L. Ridings at D.B.437, P.92, D.B.571, P.446 add 75!, P.1706. 4. The property shown on this plat is Zoned - RA. 5. Setback Requirements: Front: 60' Side: 15' Rear- 50' Access Esra't.: 60' Oj EMW 'u" ft Jr t1C81 NO •4 1 'FINAL PLAT FOR 19.2592 XWOR RURAL SUBDIMON Ac- A PORTION OF THE LARD OF DENNIS L. RIDINGS 49.8893 Ac. OPBQUOR Ddlfflr f PSHD= = cOUIR'T, Tow" " SCAL&1%W J"UAR112% USI is�T l[APInc= SORYRn acalttl"�1,000' VMMM CM, YIRGn" RaViaed 3-1-91 Sleet I at 2 Owner's Certificate '1 The above and forgoing subdivision of the land ,.`. of Dennis L. Ridings is with free consent and =li in accordance with the desires of the undersigned ' C owners. Dennis L. Ridings Date • A• 'e erg riey S. Ridips at NOTE i 1. No Title Report Ftanished. 2: The property shown on this plat is a portion of the same property delineated on Frederick County Tax Assessment Map Number 86000A00000000000179C and Map Number 87000A00u000000000120. 3. The property shown on this plat is a portion of the property acquired by Dennis L. Ridings at D.B.437, P.92, D.B.571, P.446 add 75!, P.1706. 4. The property shown on this plat is Zoned - RA. 5. Setback Requirements: Front: 60' Side: 15' Rear- 50' Access Esra't.: 60' Oj EMW 'u" ft Jr t1C81 NO •4 1 'FINAL PLAT FOR 19.2592 XWOR RURAL SUBDIMON Ac- A PORTION OF THE LARD OF DENNIS L. RIDINGS 49.8893 Ac. OPBQUOR Ddlfflr f PSHD= = cOUIR'T, Tow" " SCAL&1%W J"UAR112% USI is�T l[APInc= SORYRn acalttl"�1,000' VMMM CM, YIRGn" RaViaed 3-1-91 Sleet I at 2 200 100 C 200 400 to Vernon A. Carlson a D.B.391,P.638 D.B.400, P.340 a :oned:RA , to N 26. 45' 35" E - 1,743.55' fl Lee Ridings N •r -w:' •, W • - ---- -fi0' Ilig-ht of ays -— -- -- -_ -- - -- -- -- - D B ?16 p947L cD.B.754, 'p'u% , /�- �` ,.1 .'., 3•+0 C; P.1698 60' B , .R.L1_ S ir. ;A5' 35" W - 667.68' G os �} + Zoned:RA • + " N 84. 14' 57" W ' .'' / �- 3,1, 3 26 45 35 W - 459.10' 97.52' p1 �°' �! p�• ��'$ i z / ( b I �, Liberty Baptist Church ; o�a+vtt,,^ c l� �' O j• a �', D.5.698, P.691 mc°F�aC6n:cm �) �...J D.B.692,P.867 Lam, cma�c hoc ; y Shed FOND 1.434 Ac. c c Zoned:M-1 o? aNap &ALThl op, a� 3i Story �` Shed 1 0 m a a a ^d + Y� `e�/yaJ . Frame '/'( ♦.. + °O _a az x O t ; �v J, Shed - ✓ -jl — I V ,- , n o < Q Elliott Fritchie. J Q• %�•�Cl tJ --� O C��N n ti . % �o Garage -• 19.2592 ACRES m o, ft ; h 3 eI ra y Mf i6 O o,2 4 L �m 50, �t - 5 32. 41,55- W 1,054.79' a. 1` Other Land of Dennis L. Ridings D.B.437' P.92 D.B.571 P D.B.65g, ? •446 D.B.754-1 Zoned RA 7 706 49.8895 Ac. Remaining Y; a 3 A O . • m UCENSE No 1315 �1 FINAL PLAT FOR V MINOR RURAL SUBDIVISION Olie t A PORTION OF THE LAND OF 11, fig DENNIS L. RIDING c. 5$ OPEQUON DISTRICT w E Xi E FREDERICK COUNZT, VIRGINIA y a g $ SCALE 1"r JA]!iUARY 29,1991 RITCHIE SURVEYS ST HMS CITY, VIRGINIA Revised 3-1-91 Sheet 2 of 2 PC REVIEW DATE: 02/21/01 BOS REVIEW DATE: 04/11/01 REZONING APPLICATION #03-01 JEFFREY E. WILLIAMS To rezone 1.75 acres from RA (Rural Areas) to R5 (Residential Recreational) LOCATION: This property is located 1.7 miles south of Double Tollgate on the west side of Route 340 and 522 South. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 94-A-1 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned R5 (Residential Recreational Community) District* Use: Vacant South: Zoned R5 (Residential Recreational Community) District* Use: Vacant East: Zoned AOC (Agricultural Open Space Conservation) District Use: Vacant West: Zoned R5 (Residential Recreational Community) District* Use: Vacant * All vacant R5 District land is within the Shenandoah Community Master Development Plan, PROPOSED USE: Residential REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, Jeffrey E. Williams #03-01 Page 2 February 8, 2001 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: Recommend sprinkler and fire alarm systems. Requirements of Frederick County Chapter 90; no additional comments. Plan approval recommended. Stephens City Fire and Rescue Company #11: There is not enough information provided for a recommendation by the Stephens City Fire & Rescue Department. Please contact with additional information. Sanitation Authority: We do not have water and sewer adjacent to the parcel. It is outside our water and sewer service area. County Engineer: We do not have any comments on the proposed rezoning. Clarke County Planning & Zoning: No comment. Counly Attorney: May need to be more specific regarding relationship with Shenandoah; need to be signed by owner. Plannin & Zonin : 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the zoning for the parcel proposed for rezoning as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. 2) Location The 1.75 -acre parcel is located outside of the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This tract has frontage along U.S. 340/Route 522 South in Clarke County, which is classified as major arterial. Adjoining land uses are currently vacant; however, the majority of the acreage surrounding this parcel is within the Shenandoah Community Master Development Plan. Jeffrey E. Williams 903-01 Page 3 February 8, 2001 3) Site Suitability The 1.75 -acre parcel does not contain areas of environmentally -sensitive features as defined by the Zoning Ordinance, nor potentially significant historic resources as defined by the Frederick County Rural Landmarks Survey. The parcel has approximately 330 feet of frontage along U.S. 340/522 South. The applicant's Impact Analysis Statement suggests that there is a net increase of six daily vehicle trips on average which is negligible for a major arterial road system. The relationship of this parcel to the Shenandoah Master Development Plan suggests that this acreage would be within the area of the proposed Village Center and main access road. Therefore, this acreage may actually eliminate an existing residential land use without creating new residences. 4) Potential Impacts a) Community Facilities and Service The Stephens City Volunteer Fire & Rescue Department expresses a concern in their inability to comment on the proposed rezoning due to insufficient information. 5) Proffer Statement The applicant has prepared a proffer statement that has been signed, notarized, and reviewed by the County Attorney's Office. The applicant has proffered to limit residential development to "age -restricted" dwelling units and to abandon the existing single-family residence. STAFF CONCLUSIONS FOR 02/21/01 PLANNING COMMISSION MEETING: The impacts associated with this rezoning proposal are negligible; however, staff believes that the applicant should meet with the Stephens City Volunteer Fire & Rescue Department and obtain a comment which ensures this group is comfortable with this application. O:Wgendas\COMMENTS\REZONING\Staff Report\200 I Ueffrey Williams_KEZ.wpd OUTPUT MODULE Revenue- Net Capital Net Cost Per (Unadjusted) CD51 Balance APPLICANT: PIN 94-A• t Duelling Unit Not Fiscal impact so $2.665 $889 LAND USE TYPE Single Family Costs of Impact Clem: $7.162 $1,118 Credits to be Take REAL EST VAL $393.300 Requred (entered in Cur Budget Cur. Budget Cap. Future CIPI FIRE 8 RESCUE 11 Capilal Facilites col sum only) Opei Gap Equip ExaondlJebl S. Taxes, Ot-,er Fire and Rescue Department $2.666 $241 $3,316 $2.331 s0 Elementary Schools $12,240 $10,720 $28,034 $9.345 so Middle Sc-iools $6,487 $1.512 $8,759 Nigh Schools $9,980 Parts and Recreation $4,372 Public Libary $801 $1 118 She iffs Offices $564 $198 $0 $241 $104 Administration Building $724 Other Miscellaneous Facilities $921 $2.760 $555 SO SUBTOTAL $38,754 $4.471 $9,315 $1,463 LESS: NET FISCAL IMPACT $0 NET CAP. FACILITIES IMPACT INDEX: "1.0" If Cap. Equip included: 1.0 INDEX: '1.0" it Rev -Cost Bal, T 0' it Ratio to Co Avg: 0.0 PLANNING DEPT PREFERENCES 1.0 1.0 METHODOLOGY ^ I. Capital facilities requirements are Input to the first column as calculated in the model. 2. Net Fiscal Impact NPV from operations calculations is input in row total of second column (zero if negative): included are the one-time taxesifees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts 4. NPV of future capital expenditure taxes paid in fourth cal as calculated in fiscal impacts. 5 NPV of future taxes paid to bring cuTent county up to standard for new taut ties, as calculated for each new facility. 6. Columna three through live are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg for all residential development). Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (Unadjusted) CD51 Balance Facililles Impa:1 Duelling Unit s0 so $2.665 $889 $10.271 $7,221 $21,486 $7.162 $1,118 $786 $3.586 51,195 $241 $169 $631 $210 $302 .5212 $352 SW $0 $0 5724 $241 $3,316 $2.331 s0 so $15,248 $10,720 $28,034 $9.345 so so 5030 Rev -Cost Bat = 0.491 Ratio to Co Avg = 0.703 NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 10125100 EAW '•"—�------- P.I.N. 9a -A-1 Rezoning: Assumes 3 Single Famly Dwellings on 1.75 acres zoned R5 District. Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the r•todel run date REZ ## 03-01 Location Map For: Jeffrey E. Williams PIN: 94 -A -I Office of Mapping and GIS, 02/01, Agray kZONING REQUEST PROFF' Property Identification Number 94-a-1 Opequon Magisterial District JEFFI, EY E. WILLUMS PROPERTY Preliminary 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 #03-01. . for the rezoning of 1.75 acres from Rural Area (RA) to Residential Recreational Community (R5). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, ekcept to the extent that such terms and conditions may b, -- subsequently --subsequently amended or revised by the -applicant and such be approved by the Frederick Count, 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. Housing Tvne Generated By This Rezoning The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for County of Frederick, Virginia approves the rezoning for 1.75 acres, from RA to R-5, the undersigned shall voluntarily limit any development allowed as the result of rezoning to only those dwelling units allowed within the "Master Development Plan" Notes for Shenandoah, which are "age restricted" by definition and governed by the overall Homeowners Association regulations within Shenandoah. It is further proffered that the existing single family use shall be permanently abandoned. 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 Count• Code. Respectfully submitted, STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: �y 1'he foregoing instrument was acknowledged before me this day of 200 , by Jeffrey i . Williams. My commission expires 5� Notary ;'►�bli,� " M a ��-1LV�?�Qt. 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County of icials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials, are true and accurate to the best of my (our) knowledge. Applicant(s) / Date X t/ � 1- -14, -7 ' Date eel Owners 4 Daae Date Summary The foll:,wg Impact Analys':s Statement is provided ;in summary form for the property known as "Jeffrey E. Williams." The property is located along Front Royal Pike (U.S. Route 522/340 South) surrounded by the "Shenandoah" project. The land to be rezoned includes 1.75 acres. The parcel is currently zoned Rural Area (RA). The requested rezoning is to change the current 1.75 acres of RA to R-5 zoning. The property is under contract for sale to Dogwood Development, the developer of Shenandoah. The Impact Analysis Statement for Williams is prepared as required by the Frederick County Board of Supervisors for rezoning approval of the property. The model projects a positive fiscal impact. The owners / developers have offered proffers that will offset the projected negative fiscal amounts projected by the Frederick County model. There are no residential units proposed on this tract of land as part of this rezoning request. The property will be used primarily as "entrance road" that connects to Front Royal Pike (U.S. Route 522 South) helping implement the planned road network system. The proposed use (road and parking) will displace 1 single family home site. Environmental features that limit the development are identified and incorporated for design consideration. Public sewer and water service will be available to the property. Electric service is available to the property. The property is presently served by private well and septic. Impact Analysis Introduction The land requested for rezoning consists of 1.75 acres which is a portion of a 3 acre tract owned by Jeffrey E. Williams, Deed Book 568, Page 105, Frederick County. The tax map reference for this parcel is PIN 94-A-1. The property is an out parcel from the tracts known historically as "Wheatlands" and is now known as "Shenandoah." The site is under contract for purchase by Dogwood Development for use as a portion of the entrance road and parking lot additions for the commercial facilities in the Village Center at Shenandoah. The portion of this site included in Frederick County needs to be rezoned to R-5 in order to be consistent with the development planning. Although this rezoning allows an increase of 4 age restricted units to Shenandoah, no change to the Master Development Plan is proposed at this time. Suitability of Site The 1.75 acre site is not subject to 100 year flood plains, wetlands, steep slopes or mature woodlands. The existing use is single family and the underlying geology is limestone. Surrounding Properties Lands on the east, north and west of the site are presently not in use. Lands on the south are agricultural and used for primarily hay field with some crop tillage at times. All lands surrounding this site are a part of the Shenandoah development and this site will be master planned so as not to create noise, glare, fumes, pollution, odors or other nuisance factors that would be a factor on adjacent owners_ Traffic At present the traffic generation for this single family site is 10 units per day. Up to 4 "age restricted" units can be created by gross zoning within the R-5 development_ Traffic studies have shown that traffic from age restricted communities are 4 vehicles per day per unit of single family use. On this basis 16 trips per day could be generated from this rezoning. This trip per day increase is 6 over that existing "by right." Substantial traffic improvements on U.S. Route 340 and internal to the Shenandoah site are being created which will handle this increase in traffic. Sewage Conveyance and Treatment Pursuant to the Master Plan filed for Shenandoah there will be no generation of sewer or need for water supply for this project. The Shenandoah project will create a wastewater treatment facility and water supply system that will handle site plan amenities and housing pursuant to the density calculation shown on the Master Plan. Drainage The site drainage is generally from west to east on the site and will be accommodated by improved stormwater management facilities associated with the improvements of U.S. Route 340. Solid Waste Disposal There will be no solid waste generated on the rezoned portion of the site. Solid waste generated as the result of any increase in allowable density will be handled by a commercial hauler in accordance with the Homeowners Association Procurement Standards. The Frederick County Landfill has capacity to handle this increase. Historic Sites and Structures There are no known historic sites located on the 1,75 acres requested for rezoning. Impact on Community Facilities Attached Impact Analysis was created by the County's impact model based on the loss of one single family use in the County and the generation of 4 active adult age restricted units. The capital facilities impact model shows positive impact for capital costs for community facilities as a result of this change in zoning. Other Impacts No other impacts are identified. Impact Model Attached is the Capital Facilities Impact Model run for the Williams Rezoning.- The ezoning: The net cost per dwelling unit (using the 50% rule for schools and parks) is $5,636.00. This project will be displacing, one unit. The net benefit to the County of 4 age restricted units per report by Dr. Stephen Fuller, George Mason University, dated May 2000 is $2,917.00 per unit or $11,668.00 total. The 10 year present value at 61/'0 of a series of payments of $11,668.00 is $85,877.00. Under the assumption presented, the one time value of this rezoning to the County is $91,513.00. REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall he provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates Inc. Telephone: 667-2139 Address: c/o Charles E. Maddox, Jr. 200 N. Cameron St.. Winchester, VA 22601 2. Property Owner (if different than above) Name: Jeffrey E. Williams Telephone: Address: P.O. Box 87 Stephens City, VA 22655 3. Contact person if other than above Name: Charles E. Maddox, Jr. 540-869-6055 Telephone: 667-2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments Plat X Fees Deed to property X Impact Analysis Statement X Verification of taxes paid Proffer Statement X 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jeffrey E. Williams 6. A) Current Use of the Property: Residential B) Proposed Use of the Property: Residential 7. Adjoining Property: PARCEL ID NUMBER 87-A-103 27-A-16 (Clarke Co.) 94-A-1 USE Vacant Vacant Residential ZONING R-5 R-5 & AOC AOC 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). f 1.7 miles south of Double Tollgate on the west side of U.S_ Route 340 & 522 0a Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 94-A-1 Districts Magisterial: O e uon High School: Fire Service: Stephens City Middle School: Rescue Service: Stephens Cit_ Elementary School: Sherando R.E. Aylor Middletown 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres L Current Zoning Zoning Requested 1.75 RA R-5 1.75 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome 0 _ Multi -Family 0 Non -Residential Lots 0 Mobile Home 0 Hotel Rooms 0 (Rezoning R-5 adds 4 dwelling units to overall project density) Square Footage of Proposed Uses Office 0 Service Station Retail 0 Manufacturing Restaurant 0 Warehouse Other 0 0 1.75 Ac (Parking Lot & Road) 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) z - Owner(s) Date LO J Date Date d�v G Date 4 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property, including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the Z"d ,floor of the Frederick County Administrative Building, 107 North Kent Street. 87-A-103 Jasbo, Inc. and Fred L. Glaize, III P.O. Box 888 Winchester, VA 22604 94-A-1 Jeffrey E. Williams P.O. Box 87 Stephens City, VA 22655 27-A-16 Jasbo, Inc. and Fred L. Glaize, III (Clarke Co_) P.O Box 888 Winchester, VA 22604 ti Y^ C�v �i S Williams Parcel U6 o 0 F cem ' -- 6, -659 BM '69.]/ i..h V a ` rte . d yy' 61 ` \ (•. � n . Ptctnit7 Mep Table 578'20"W 3 ' 0441'40"E 217.9 B31'47E 283.157 431'14"W 287.19 L. G -REDERI 7REDER1 DERICK) 1ACANT Z3\1 �O O' Q' Tract Line DB 463 PG. 366 (Frederick) LAlZE 111 CK CK� O� 21 tv<v EZONING .......... ACRE_ S rick / `�` _.: i 1� DB 5610. RLM 94-A-1 (FREDERICK) O EMS71NG ZONING_ RA &AOC EXIS77NG USE: RESIDENTIAL PROPOSED ZONING. R-5 & AOC ® a>�� ;�• PROPOSED USE RESIDENTIAL / O WRO, INC, & FM L. GLARE, X �� DB 91 PG. 723 (CLARKS) -DB 382 PG. 231 (FREDERICK) O� O DB 92 PG. 534 (CLARKEE)�DB 385 PG. 302 (FREDERICK) DB 174 PG. 413 (CLARK )-DB 634 PG 499 (FREDERICK) -Z) 27-A-16 (CLARKE) EXISTING ZONING.• R-5 & AOC Q� f EXIS71NG USE: VACANT O Off. PROPOSED REZONING OF 1.75 ACRES standing in the name of JEFFREY E. WILLIAMS Opequon Magisterial District, Frederick County, Virginia DATE: SEPTEMBER 7, 2000 SCALE: 1'=200' DOGOOD/WILUAMS REZONE ENGINEERS Abert Ew. diffard & associates, Inc. 8758 150 -Cora. Q*Nmk � Drew. LAND PLANNERS - SURVEYORS W VM" 224M c"'�" Sfr�1 SHEET i5�a) —2115 O 100 200 400 1 OF 1 if / EZONING .......... ACRE_ S rick / `�` _.: i 1� DB 5610. RLM 94-A-1 (FREDERICK) O EMS71NG ZONING_ RA &AOC EXIS77NG USE: RESIDENTIAL PROPOSED ZONING. R-5 & AOC ® a>�� ;�• PROPOSED USE RESIDENTIAL / O WRO, INC, & FM L. GLARE, X �� DB 91 PG. 723 (CLARKS) -DB 382 PG. 231 (FREDERICK) O� O DB 92 PG. 534 (CLARKEE)�DB 385 PG. 302 (FREDERICK) DB 174 PG. 413 (CLARK )-DB 634 PG 499 (FREDERICK) -Z) 27-A-16 (CLARKE) EXISTING ZONING.• R-5 & AOC Q� f EXIS71NG USE: VACANT O Off. PROPOSED REZONING OF 1.75 ACRES standing in the name of JEFFREY E. WILLIAMS Opequon Magisterial District, Frederick County, Virginia DATE: SEPTEMBER 7, 2000 SCALE: 1'=200' DOGOOD/WILUAMS REZONE ENGINEERS Abert Ew. diffard & associates, Inc. 8758 150 -Cora. Q*Nmk � Drew. LAND PLANNERS - SURVEYORS W VM" 224M c"'�" Sfr�1 SHEET i5�a) —2115 O 100 200 400 1 OF 1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 5401665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Director `Aj RE: 2001-2002 Capital Improvements Plan Public Hearing DATE: February 8, 2001 The Comprehensive Plans and Programs Subcommittee (CPPS) met with county department representatives to discuss new project requests and project modification requests associated with the 2001-2002 Capital Improvements Plan (CIP). Following that discussion, the CPPS evaluated all projects proposed for inclusion in the 2001-2002 CIP and established a prioritized list that was forwarded out of committee with a unanimous recommendation. Staff scheduled the proposed 2001-2002 CIP for discussion during the January 3, 2001 Planning Commission. Unfortunately, this item was not considered due to time constraints associated with the Planning Commission By -Laws. The Board of Supervisors held a discussion on the proposed 2001-2002 CIP on January 10, 2001. The Board of Supervisors had questions pertaining to the proposed Public School projects which were adequately addressed by Dr. William Dean, Superintendent of Public Schools. The Board of Supervisors did not recommend any modifications to the proposed 2001-2002 CIP as presented by staff. Please find included with this agenda item a summary of the 2001-2002 CIP; information pertaining to new or modified department projects; the results of the 2001-2002 CIP project evaluation by the CPPS; and a preliminary copy of the 2001-2002 CIP. Staff asks that the Planning Commission consider this proposal and forward a recommendation to the Board of Supervisors for final disposition of this matter. 107 North Kent Street • Winchester, Virginia 22601-5000 '2001-2002 CAPITAL IMPROV-EMENTS PLAN SUMMARY 1. 29 total projects compared to 28 projects from the previous CIP. 2. Total county cost of $145.0 million including $92.3 million estimated project costs and $52.7 million estimated debt service compared to $106.5 million from the previous CIP. 3. New project requests include a new elementary school; a new middle school; renovations to the transportation complex; and completion of the 3rd floor of the County Administration Office. 4. The new library facility was the only project removed from the previous CIP. 5. The previous CIP project requesting additions to the NREP facility has been eliminated as a CIP project by the School Board. SUMMARY OF NEW PROJECT REQUESTS AND PROJECT MODIFICATION REQUESTS Frederick County Department of Public Works Project Type of 2000 Local 2001 Local Difference in FY Request Expenditure Expenditure Local Request Request Expenditure Request County New N/A $800,000 +$800,000 Administration Building - 3rd floor completion New Animal Shelter Modification $755,000 $855,000 +$100,000 Frederick County Public Schools Project Type of 2000 Local 2001 Local Difference in FY Request Expenditure Expenditure Local Request Request Expenditure Request Third County High Modification $32,000,000 $37,440,000 +$5,440,000 School Facility Maintenance & Modification $9,000,000 $1,460,000 -$7,540,000 Warehouse Facility Elementary School New N/A $10,000,000 +$10,000,000 Construction Middle School New N/A $22,300,000 +$22,300,000 Construction Transportation New N/A $2,600,000 +$2,600,000 Complex Renovation * Note: Cost estimates for Public School projects do not reflect debt service. Frederick County Treasurer's Office Project Type of 2000 Local 2001 Local Difference in FY Request Expenditure Expenditure Local Request Request Expenditure Request New Satellite Office Modification N/A $390,000 +$390,000 (land acquisition and construction) FY 2001-2002 Capital Improvement Plan Project Evaluation Results Project Title Total Points FY 2001-2002 Rank CIP Previous Rank Public Safety Center 55.42 1 1 Third High School 54.14 2 8 Airport Road Relocation (Construction) 53.14 3 5 Airfield Lighting Upgrade 51.14 4 6 Western Parkland Acquisition 48.28 5 7 New Elementary School Land Acquisition 44.85 6 11 Maintenance/Warehouse Facility 44.57 7 3 County Office - Yd Floor Completion 43.71 8 28 New Elementary School Construction 43.00 9 N/A Softball Complex (SP) 42.71 10 13 Field House/Indoor Pool 41.85 11 4 New Middle School Land Acquisition 41.00 12 14 New Middle School Construction 40.85 13 N/A Baseball Complex Renovation (SP) 39.85 14 22 James Wood Middle School Renovation 38.57t* 15 10 Airfield Maintenance Building 38.57t* 16 23 Transportation Complex Renovation 37.85t** 17 N/A New Animal Shelter 37.85t** 18 9 Soccer Complex Renovation (SP) 33.71 19 16 Eastern Parkland Acquisition 33.57 20 21 Open Play Area (CB) 31.14 21 20 Tennis/Basketball Complex (CB) 29.85 22 15 New Gainesboro Elementary School 28.83t*** 23 12 Project Title 11 Total Points I FY 2001-2002 Rank CIP Previous Rank Maintenance Compound (SP) 28.83t*** 24 18 Tennis/Picnic Area (SP) 27.28 25 25 Skateboard Park/In-line Hockey 25.00 26 27 Annex Facilities 24.66 27 19 Indian Hollow Elementary Addition 23.83 28 26 Shelter/Stage Seating 18.85 29 24 CAMyFi1e \Backup\CIP\2001-2002 CIP\2001-2002CIPProjec[EvaluationPa kingTableUpdate.wpd FREDERICK COUNTY, VIRGINIA CAPITAL IMPROVEMENTS PLAN 2001-2002 County aboartment Project Diiiwflons Prton ty 1 Prton ty ._ county tterest From Ail TOTAL io Pibjeet FY 01-02 FY 02-03 FY 03 04 FY 04-05 FY 05-66 Contributions .'bl'otes t Debt Service Ser CtJSTS Costs 1 1 CA Public Safe Center N/A* 2 I S Third County High School I S 210 000 IZ:. 6 ,000 2,070 000 0 34,440,000 22 950,175 0 0 3 ] AP Route 645 Relocation - Construction 420,000 57.390,175 57 39Q 175 4 2 AP Airfield Lighting-Up—grade 15 420.000 A 0 420,000• 2 100 tl61Q'. 000, 5 3 R Western Regional Park Land Acquisition .000 1,267,086 I$ OQQ A 0 MOM -7$ 6 3 S New ElementarySchool Site Acquisition 800 000 1 267 086 0 67,1386,= 1267 0$6> 7 2 S Maintenance/Warehouse Facility1460,000 800 000 496 220 1 296 22 i 1 6 220' 8 2 CA Administration Offices - 3rd Floor 800 000 1 460,000 930 413 2 390 13 2 396 420 13 9 5 PS New Elements School Construction 1 000 000 9 000 000 $�0 1 0W 000 800 000 9"'', 000: 10 2 R Softball Complex - SP 463.406 6,202.750 6 2d 75ts 16 02 750; 11 1 R Field House/Indoor Pool N/A*** 463,406 0 463.406; 463.406: 12 4 S New Middle School Site Acquisition 1000,000 0 NIA** Qi 6. 13 8 S New Middle School Construction 1.000.000 1 t 000 000 10 a000-000 300.000 1 0(10,000 ?2 300 000 620,275 1620>275 1 6 2 27S 14 4 PR Baseball Complex Renovations -SP36 949 935 14.452.408 7S2 A08: 36 752 08' 15t 6 S James Wood Middle School Renovations 500,000 4.000.000 4.000.000 400-000 940.935 8 90Q 000 0 93• 94993s 16t 3 AP Airfield Maintenance Building210,000 5.520.448 14 420448 14 42Q 4, 17t 7 PS Trans ortation Com lex Renovations 600 000 2.000000 210 OOQ A 0 2}Q 3001)Q0 18t 3 CA New Animal Shelter 1 90 000 765.000 1 2 600 000 855 000 1 612 7I5 4 715. 4 211714 5 19 5 R Soccer Complex - SP 1,080,526 1 086 526 0855 OOQ 20 6 R Eastern Regional Park Land Acquisition 2-070000 ' 0 0 Od0 0 100516 '- } 0$0 $26 21 7 R en Pla Area - CB 0 7(} t1 > 070 6f0 22 8 R Tennis/Basketball Complex - CB 347.768 347 2(i$ 0 347 765- 347 7¢$ 23t 9 S New Gainesbom ElementaSchool 361,637 361.637 0 341 637 361,631 24t 12 R Maintenance Compound - SP N/A**** 6 N/A** 0 25 10 PR Tennis/Picnic Area - SP 184.933 } a4,933 0 } , X33 L 93.3 26 9 R Skateboard Park/In-line Hockey584,146 584,146 0 384140 5$4,146441,149 27 4 CA Annex FacilitiesTres;ComRev;Sheri 441. 149 0 441 14 441 J,49. 28 10 S Indian Hollow Elem. School Addition 140,000 250,000 399,000 0 390 000 390 pp{I 29 11 R Shelter -Stage Seating- CB N/A**** Q N/A** Q, Q. TOTALS ?1.41 0$34,530,427 $20,915,526 358,430 12,957,T68 2,480,295 3S8,430 92,99,01 0 398430• 358 30 552,785,404 $145,084,420: $146,914.420+ A = Partial funding from Federal Airport Improvement Program (FAIP) and State Commonwealth Airport Fund (SCAF) grants C = Debt Service is unavailable at time of printing N/A* - Project Scope Not Determined At Time Of Printing N/A** - Funding Source Not Determined; Therefore, Debt Service Uncertain At Time Of Printing N/A*** - Feasibility Study To Be Complete Prior To Project Scope Determination N/A**** - Project To Be Complete Beyond FY 2005-2006; Therefore No Cost Estimate Projected t - Project Rating Points Equal To Other Project(s) B = Partial funding from State grants and local gifts D = Partial funding from private donations Department Priority Abbreviations: AP - Winchester Regional Airport CA - County Administration PR - Parks and Recreation PS - Public Schools 12/06/00 CIP01-02.WK4 �LMEEM=ORAN=DUM TO: Planning Commissioners COUNTY of FREDERICK Department of Planning and Development FROM: Eric R. Lawrence, Deputy Planning Director RE: Request of Exception DATE: February 8, 2001 540/665-5651 FAX: 540/665-6395 Attached is a letter from Mr. Ian R. D. Williams, written on behalf of The Hard Way, L.C. and its principal partner, Mr. James H. Adams, Jr., owners of approximately 134 acres in the Gainesboro Magisterial District. The Hard Way, L.C. wishes to divide the parcel into three tracts, which will be comprised of two agricultural lots and one residential lot. The parent tract is presently accessed via an existing right-of-way, the width of which is not defined. The Subdivision Ordinance requires that any lot in a minor rural subdivision either have direct access to a state -maintained road or be served by a right-of-way with a minimum width of 50'. The applicant has attempted to obtain the additional right-of-way needed to meet the requirement of Section 144-31 (3) of the Subdivision Ordinance but has been unsuccessful. The proposed land division would create a single residential lot of 14.2 acres, a 25 -acre lot almost entirely of flood plain, and the remaining 94.3 acres of the parent tract. No future subdivision will be permitted without Board approval. Staff feels that given the fact that the 134 -acre parent tract is already served by the right-of-way and that the proposed land division would only create one residential lot, an exemption to the 50' requirement is appropriate. A recommendation from the Planning Commission to the Board of Supervisors regarding the request is desired. ERL/ch U:\Eric\Common\Subdivisions\Adams Waiver.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 � 4 sa SIRBAUGH 29 A 58 �U QCOU BOARD OOL 15? OF FREDERICK C 522 S B U 45HE 30 A 45C N. PATRICK ADAMS 30 A 120 29 A 113 4 fi, COOPER 30 A 119 DEHAVEN 0 A 122A 4 RRICS 4 0 A 122 ¢ WARZINSKI 30 A 129 COX, DAN R. THE H D WAY, LC 29 A 113B $> <• c 30 A 122C �k x THE HARDJAI AY, L C3�y /\ James H, Adams, 30` A "-.122 ... FRENCH, SUSAN L 30 A 122D FRENCH, SUSAN LYNN 30 A 122B A N Waiver Request James H. Adams, Jr c/o The Hard Way, LC' PIN: 30-A-122 Office of Mapping and GIS, 02(01, Agray BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. T151NGER IAN R. D. WILLIAMS CHARLES S. McCANDLISH BRUCE E. DOWNING TRAVIS JOSEPH TISINGER STEPHEN L. PETTLER, JR. HARRISON 8 JOHNSTON ATTORNEYS AT LAW POST OFFICE BOX 809 WINCHESTER, VIRGINIA 22604 January 29, 2001 Mr. Eric Lawrence Frederick County Planning Commission 107 North Kent Street Winchester, VA 22601. Dear Mr. Lawrence: STREET ADDRESS 21 S. LOUDOUN STREET WINCHESTER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667-1266 FAX NO. 540-667-1312 Pursuant to our telephone conference earlier today, I am confirming this firmIs representation of The Hard Way, L. C. and its principal partner, James H. Adams, Jr., in connection with the request for approval of the minor rural subdivision as set forth in a certain draft plat of Thomas A. Shockey, Licensed Surveyor, dated January 20, 2001, already on file with your office, which request includes asking for a waiver of the 501 right of way requirement on the grounds that additional land to bring the existing right of way into compliance cannot reasonably be obtained from the owner of the land over which the right of way runs. I believe that this request for a waiver is similar to that obtained by Mr. DeHaven for a minor subdivision involving the same right of way. It is my understanding that this request is timely made to have it included for consideration by the Planning Commission at its regular meeting on February 21, 2001, at 7:00 p.m. Thank you for your courtesy in this regard. Yours very truly, IRDW:ceb Ian R.D. Williams CC: James H. Adams, Jr. Thomas A. Shockey VIA MAIL AND FAX (6.65-6395) -- -1 page E� U JAM 3 0 2001 DEPT. OF PLANNING/DEVELOPMENT, sheet 1 of 5 Final Plat for Minor Rural Subdivision of the land of THE HARD WAY, L.C. Gainesboro District, Frederick County, Virginia January 20, 2001 Tax Map No. 30-A-122 Zoning RA VICINITY MAP %o 1" 2000' d _ � O .D IL 5 1� w o� APPROVED: Parcel "A" is an agricultural APPROVED: Parcel "B" only. division. ADMINISTRATOR DATE HEALTH DEPARTMENT DATE oWNERIs CONSErfr: The division of land as shown on the plat attached hereto is with the free consent and in accordance with the desires of the undersigned owner or agent. (SEAL) State of , City/County TO -WIT: Acknowledged before me in my City/County and State aforesaid this day of , 20 , by Notary Public My Commission expires SURVEYOR'S CERTIFICATE: I certify that the land contained within the bounds of the�,t►1+TN p�,y survey as shown on the plat attached hereto is a portion of the land conveyed to The Hard Way, L.C. October 8, 1999 in Deed Book �'� •^.A 950 - Page 666. � 7H0 A. 5H0 (LICENSE) N 1271 /'�-. L.S. 441v0 SURV£(�..f y Sheet 2 of 5 J Oar Existing Roadway - See plats in DB 476 - P 369; ,',� P. DB 503 - P 137; DB 851 - P 0113; DB 903 - P 1587'�4i Fo G` P M 0• vPG 19 �, , -� 0. 74i�y to oe p N �plRO-P-` �� (� z R4( s4s' 3ORf4S-� 22F�,�V'' `✓ 3 692�� /��'6'� ya / !,,� ,pN av, cr _Oo �p07QFC\6$O 0 Qf N CRcuO It v m v m m O 0 m o a. OO cu N0 O O N ``\\M O O �X°° V vv66 , 0 M z i" V C` Q• R �a j to N 1 �i O �• 9�`Gv 22gti�PQ m N _u �� RP��29 �°� z PARCEL "A" o Q - o 25.044 AC. - -� t (30-A- 122G) N �m N 86° 44' 35" E - 112.70' �—N 500 47'13' E - 82.25' a4 11 p 11 N 170 38'40' E - 161.30' v `-' N 81° 22' 43" W - 55.00'gar SAN` L_p 293 SUSAN RA RE51D 14 GpL) N 05° 10' 15d W-250.35 0� ' 0 5 ti Q'� gyp" 30- A Q\10 P T 50, PA.7S It PARCEL 4'3o -A-(221♦) / ; 9 �0-p SU \10 �.� Its Final Plat for Minor Rural Subdivision li of the land of 11 THE HARD WAY, L.C. Gainesboro District, Frederick County, Virginia Scale 1" = 200' January 20, 2001 -------------- / Sheet 3 of 5 DEHAVEN OTHER LAND ' � N /-TrEERESA A. LARRICK, s�� 6e P. \ D. B. 638-369 v N �F, �S, RAMESIDENTIAL) r „/5 � O 30-A-122E 2h 1/ d Q� Q. .00.'0 00. N_87v00_�- 421_ y�(� Q��- 9G GQ 2 � 999• � \ ��` c� 11 9b F�O� Z 011 r-- 1� �1 J i0' \ d�,1 N f' 38, 40r �J Q/ iV6cr 00 S 88° 24 27" E _ 276. 111 N 81° 22' 43" w � 1 85.00 4 ry0 LRE s+ ,USAN L• P RNC" 4 06� ° 15" w ry 25 0.35. kRvryk a,(iry a6ry�M ��OF RA(-60SA 22C 40 5 4b;, O `�� '� �� 06`s . _ 8 � ``��•�� gip, �1Pvry0 l° PG., , F N T9° 34 14 642.93 i 180.R5 50� , R/w "�� ,�fi _ QQ `Z P t4z1°lie i . • roti / � � o 0 OL u�aG'P�Na 0 s ; y- GES P�' _ ,p�• N 0 t0 I u E- Q ii �16-f y1 Qui' god �a °0 �o e S ..✓"fir - / � `� 4, o - r o N �Q TTvL1:1u14U_)1 x KEY, N' 1 ! i2nja Sheet 4 of 5 NOTES: 1) The 50' R/W,shown hereon is subject to the following: The proposed private driveway/road is not built according to street specifications of and will not be maintained by the Virginia Department of Transportation or Frederick County. The improvement and maintenance of said driveway/road shall be the sole responsibility of the owners of lots which are provided with access via the driveway/road. Said driveway/ roads will not be considered for inclusion into the state ' . secondary system until they meet the applicable construction standards of the Virginia Department of Transportation. The cost of bringing said drive/road to acceptable standards shall not be borne by the Virginia Department of Transportation nor by Frederick County. 2) The 100 year flood lines shown hereon are as scaled from Community -Panel Number 510063 0100 B dated July 17, 1978. 3) Parcel "AFI_lies entirely within flood zone as described in note 2 and therefore no set back lines have been shown.on this parcel. No structures to be built in 100 year flood zone. DESCRIPTION: The attached plat is a division survey of a portion of the land, (Parcel One), conveyed to The Hard Way, L.C. October 8, 1999 in Deed Book 950 - Page 666. The said land lies a short distance southwest of Route 522 in Gainesboro District, Frederick County, Virginia. Parcel "A": Beginning at an iron pin(found) corner to John A. Warzinski and Susan L. French. Thence with French S 41' 28' 18" W - 507.43' to an iron pin(found); Thence S 36' 46' 49" W - 1014.17' to an iron pin(found); Thence S 580 04' 00" W - 1068.13' to an iron pin(found); Thence N 230 42' 12"W- 178.49' to an iron pin(found) on the bank of Hogue Creek; Thence crossing Hogue Creek N 200 14' 57" E - 370.73' to an iron pin (set) on the bank of Hogue Creek in the line of Parcel "B"; Thence with Parcel "B" S 37' 06' 33" E - 30.00' to a point in Hogue Creek; Thence generally with the center of Hogue Creek and Parcel "B" N 40° 56' 53" E - 481.10'; Thence N 610 31' 21'E- 147.31'; Thence S 78' 18' 05" E - 140.09'; Thence N 64` 05' 07" E - 221.57'; Thence 51' 41' 01" E - 186.48'; Thence N 210 18' 23" E - 180.45' to a point in the line of Susan L. French; Thence with French N 79' 34' 14" E - 40.00' to an iron pin(found) on the east side of the creek; Thence N 05' 10' 15" W - 250.35' to an iron pin(found); Thence N 81' 22' 43" W - 55.00' to a point in Hogue Creek corner to other land of The Hard Way, L.C.; Thence, therewith, and generally with the center of Hogue Creek N 17' 38' 40" E - 161.30'; Thence N 50° 47' 13" E - 82.251; Thence.N 86' 44' 35" E - 112.70'; Thence N 58' 31' 03" E - 209.68'; Thence N 33' 12' 26" E - 182.61'; Thence N 03' 23' 06" E - 444.28' to a point in Hogue Creek corner to Mary O. Cooper and John A. Warzinski; Thence with Warzinski S 600 06' 29" E - 188.96' to a large iron(found) in a drain, said course passing through an iron pin(found) at 30.00'; Thence S 11' 44' •"j:`.. 25" E - 617.10' to the point of beginning. Containing - 25.044 Acres Parcel "B": Beginning at an iron pin(found) on the north side of the 50' R/W and corner to the other land of The Hard Way,L.C. and Susan L. French. Thence with French and the said R/W S88' 24' 27" E - 276.69' to an iron pin(found); Thence S 390 49' ... 06" E - 346.79' to an iron pin(found); Thence N 79' 34' 14"E- 642.93' to a point in Hogue Creek corner to Parcel "A", said point being S 79' 34' 14" W - 40.00' from an iron pin(found); Sheet 5 of 5 Thence with Parcel "A" and generally with the center of Hogue Creek S 21° 18' 23" W - 180.45'; Thence S 51° 41' 01" W - i86.40'; Thence S 0640 05' 07" W - 221.5/; Thence N 78. 18' 05" W - 140.09'; Thence S 610 31' 21" W - 147.31'; Thence S 400 56' 53" W - 481.10'; Thence N 370 06' 33" W - 30.00' to an iron pin(set) on the creek bank corner to Susan L. French and continuing with French N 370 06' 33" W - 276.24' in all to an iron pin(set); Thence N 060 19' 39" W - 38.97' to an iron pin(set) by a gate post; Thence N 39° 26' 16" W - 458.78' to a railroad spike(set) corner to other land of The Hard Way, L.C.; Thence, therewith, N 440 31' 02" E - 462.93' to the point of beginning. Containing - 14.223 Acres Surveyed - January 20, 2001 i � I?. I; 01� dAS �.�� Kim 1271 l/zVal 91 ?F� 0. �5 Rh` 7.631 he - PART OF THE PP0PD?T}-' or JAMES H. - •»A BERNA.DtNF ADAMS G AINESBORD :DISTR/c-r .FREDERICK CouNTY VIRGINIA SCALE I"= I5O` /i�PRlL 1977 is Ift? I rfS ID L D SuRvi'y*R V;Cnna Vtrlrnma Reference: FReWeR(cK CouNTy pecolmS : De.d BOOK *679 ,`Z PAy, 405-�c'��e56 R � . . • . .`.1 �Qbrnsen 113 vo ,9168 7 s sss:�daoE S 62' 55 30 W 67743'" 82 J11 -Adams 1R ,a C I e A 4 e'aiSI.At Roa4vJDRrv&vvdr �• 9 ?�3 fa J.NAd.wa JR•��'X.�a�►fer, L.Nd i e i BOOK 476 FACE 369 �p A Adwwf� T. =o3,ao � ;' r29•roo� c 1111 �I G 50 J N DrI've -,-y o L 52.2 D D SAY 'r b� or ti 3 Q p't), 4 i� Goy..84 E 0(�1 CAfN PAR-' OFT He PROPERTY OF JA MEs H JR •-a BERnlAD1t1E ADAMS tI G-4INzs©oRo Drsrruvr r FREDERICK COUNTY- V/IRaINI.q j . SCALE I ~ r.3OD' WVIAY 19%% �aertTiFrav LAba $NRvrzYOR V IENiVH V/RG/iviA lm� APIV yx AXAV �— BK903G 1587 ANEA rA&"VaV6 CLO LOr - ZW/ ACRES -ANEW Lor m Z%og 0, AMS AV44MV Lor dw SM ACRES HOUSE LOCAMV SURWY av HE Pin ar 7E??R Y N. DDYA H9V & AEREM L DBYA KN MW SOW &N PAGE JY& a4#W[=M MipWr ANMW Cowry, WMA ARCIVEms ENGV*VM oea,�Es PLANNERS SURVEYM 3078 SK4AW4M P-0- BOX 2033 OfaVE PCNMTM- YWM 22601 AL4*r aw it GRAPHIC SCALE no, I Ingh • ROO M DRANWO WAt ,=Lml il . top,,, U58 S JZ,a''V W #070 Ac= m on for is Aavm Or Mowry ar cma 'c Ra hmv or NWr ar A A940M QNHZ jWACr zww=r. VA Ye AMN r4 Ing Wa it 9=4 mm -r i or i I SCALD. I' - 200' 1 EDWARD W, DOW CERT. NQ )/z 'g GoGNTi 4GHOOL 6PAtsp of I�iLE�l1=IGK GO. P..B. 79f, PCs. 173} I ZeNE: f;•A USE: VADA 14T I.a.F. 1 N '—'JI' J N. A17AM-i, JR., J 54' 6. I GT ux IP r. 459, PG. •1.05 Apw"'x r�7 KAi7 fs,eTUX r ZONE: R -A - CI X. F. _..J ' i) N D.B. Sol, M-+-37 U511 : AGF;1 . %f a11 I wI ow«GR dI N f XoNS'. FR -A ! Usr.. mul-p. N _ d SlPTc 5 'sB� 10 •tL� C M Ira.. 37' / aA p 1.►s. N /Q Z41, UPS 141.1'o9'3i.. vv. W. r• 71s8tiY . S7' doom. FOIJN f7 7 1 •� ,, / 1I vo SG' NJ m „ Na N a roieMeR a. =ps Q• Npxn9 DWI-. 4M NN �e� � R� 4rNfs ee Go N 0 6i Mil N ig q N A 32o e„ �TeoC q t'ou«y 0 Ato o rr: * e '� in1.91 11 t fu I � �t•'iX.L 9�� ,J a � z � 4 0'� ,fib a�';�1� i ��Njjv � /O IL 117 L O.F.. • 6r Y \ •s 3 \ a= S r � b & Ae1p Au p &r:, wale t k J.M. � fr'Bwl.. • 1C7AI.14GIT _�R., ` 1./.!. UT4TrMfl: P..r.*".m.-too 14470WZ.+"w Iva � 3410 6 R.A 1r1:.mF6' ter fi / use' Ai1r1 . •10Ty7'Z211E �� 9(.'F•3vabs e y K— 2++.B•J1 — I _,J.N APAuA9 Jlft.,CTUJC a *%% ilrA RLI R 2►. 4s9, ro. +as ��. taLMO �y M7d11dlo• vy Lf!K, 9� LLQ. ►�� t! oTM� as U16 : VAC -AMT 462. i Hq� • 1.F4. �'V�1� �'Ir.Sf')�• I4P301 5 -•� jjo 07 % 1I 1 3 'IL S w- / 1. I.r 1r. •• IIraM Plops PPUMV. All, 45 1XI' W 3r7 ; �"�'af I.F.I.• (ISIN et" dFCT. 1 Isio, ss 1 3L y,s u7 l i ".•••1- • *X14T1«fb re1+r..ai {.I" 1 /J7•�.j Sz(.�45 7 W 5.it.L. • M«d MaST1r CMM4 IDA an / s. N�TITLt RflrrMtT Piftm wep. I 'i• f; is /t14, S T U X "WPI J MSl1AeNTs IF WAZAILo rn; 4 Zo / e7NlJ�Mi4E mj%v txlsl"whreN 2eH A llr-A Alm NoT 4NIawM . Ufa, Ateviv,/VA4lWT FINAL. M.AT NEA TABUL.ATIaN Fol. RMko-" ,. WAOFWCIr 1 ,'rg BOU N PA ICY' 41 N Ir 0-A, Ito IS"IAG. �dl QIj, ACUU,%TMCNT e+s.wr,lo«Arrvxy O �p ANv WPT cGNSoLIDAT10f•� AiMRlel. i0• A• li•. - •}, i•s AG . T`�L oP THAN LAMP VP - ?10 f wy tilaTroM dor x._ � ' V E N 7r 1 1.r IACSL efA•A•IX• . t 1 Ofd Ad. P -A- 1vrwwG11L WEEGENS Ro(�INSaN �' i4TE vA• n�� lo. w11 AG. OrBdrUIN D19T1[iGT elsrlfA/- rwflacsL �• 0001�� A•A• Md. . 1t 11165 AG, 1 =C7CItIGKCvUH Ty, VA. 6M Mr111rH Aywo C ��Alr @ 9deLa: f 1'• xyc' Pc70reie •J• (7!!a /ARGSL iOy11. 119 • - I . rl1 AC. ' O us r.IrTrra rr � M)WS�. 6ICw8NWA� ARIL i•'A•#IV r ¢ ZOII AG . 'A70 fiAltrlr: GNt WINCMniMfl, VII�i1N1A xai.ni A.A. OZOArA�aL 4. 6. 4/ 1 AG. r ZIP '�� (0�+) r6i• ¢fIi M*JVrAY PAf e -&L PF` QF` I,o. g B'73 25 r�, ,r. PART OF THE PR0PV?T}'' of ; . JAM E5 H. - •»a f3,rRNADtNF ADAMS AtNESwRo 3D/STRIGT 0� .FREDERICK COUNTY VI RGINIlk SCALE 1"=150' /APRIL /977 A trrtav LX'D SURVEYOR Vienna V rg in ut FR�E'RrcK Country . Pp %531 r1Gre5 �?ecoRas D«d BOOK *5"9 S2'Z Pwye 4os Ret. �a6ineen 98 ,68 Re�'Cc `��i r 5�. Jr •Ao le 0 sss:�d:�o 6774.3 J.t1.A&I&owo JR A Fwd (\ L•yd BOOR 476 FACE 369 Jay /.¢ • `3 :� 3 n V Ory a� // d`'9y�q 9 ` 17 10 / � o L � Rf• mei s ` -� QI XaG t ,fes �1 PAR-' of T He PROPERTY of JA MEs H .1R •-a h1 SERIVAD1111E ADp►M3 I GAINES130no Disrrtc7- I FREDERICK COUNTY. VIRGINI. SCALE 1" =300' *AI A Y 1927 �GwarlFlao LANa 5awvgY*17 V /ENNfj V/F?G/PVtA � Zin3:e •E • � ,' Tq ii q.So e CA nnV � �. Drove wail 522. D4E i p ;� / 14r b All /.¢ • `3 :� 3 n V Ory a� // d`'9y�q 9 ` 17 10 / � o L � Rf• mei s ` -� QI XaG t ,fes �1 PAR-' of T He PROPERTY of JA MEs H .1R •-a h1 SERIVAD1111E ADp►M3 I GAINES130no Disrrtc7- I FREDERICK COUNTY. VIRGINI. SCALE 1" =300' *AI A Y 1927 �GwarlFlao LANa 5awvgY*17 V /ENNfj V/F?G/PVtA PC REVIEW: 02/21/01 BOS REVIEW: 02/28/01 SUHDIVISIO N APPLICATION #05)-01 ORCHARD TERRACE, INC. LOCATION: The property is located at the intersections of North Kent Street, Brick Kiln Road and Smithfield Avenue. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-65 PROPERTY ZONING & PRESENT USE: Zoned M2 (Industrial General) District; Land Use: Lumber Storage ADJOINING PROPERTY ZONING & USE: Zoned M2 (Industrial General) District; Land Use: Industrial, Manufacturing, Lumber Storage and Residential SUBDIVISION SPECIFICS: Subdivision of 13.2748 -acre tract into three lots REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to the subdivision ofthis property. Before development, this office will require a complete set of construction plans for review. Entrances will have to be constructed to VDOT minimum standards to allow for safe egress and ingress of the property. Fire Marshal: No comment. Inspections Department: No comment required at this time; shall comment at the time of site plan review. Public Works/Engineering: We offer no comments at this time. We will offer comments at the time of site plan submission. Orchard Terrace, Inc. Subdivision Page 2 February 8, 2001 Sanitation Authority: We have an eight -inch water line on the north side of Brick Kiln Road. The nearest sewer is on Butler Avenue. Plat is O.K. Planning and Zoning: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the M2 (Industrial General) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval. This project is zoned M2 and does not contain an approved MDP; therefore, Board review and action is necessary. Staff Review This parcel presently contains a residence fronting on Smithfield Avenue, and lumber storage. The lumber storage occupies approximately 13 of the 13.3 -acre parcel. The immediately surrounding properties are dominated by manufacturing and industrial uses, although there are residences located adjacent to the Smithfield Avenue frontage. The proposed subdivision would establish three lots: 10.9564 acres, 2.0237 acres, and 0.146 acres. Each lot will be required to have state road frontage. Therefore, the final plat must reflect the location of the required state road frontage for the 2.0237 acre lot as North Kent street is currently not a state road. STAFF CONCLUSIONS FOR 02-21-01 PLANNING COMMISSION MEETING: Staff recommends approval of this subdivision application contingent upon the applicant's satisfying all review agency comments. 0 Wgendas\COMMENTS\SUBDIVISION\OrchardTenace.wpd NORTHERN YA POWER 54 A 59 �C q 9 i �n SHADE BRAMANDE 54 A 56 54 A 56 ARCTIC FREEZER, INCORPORATED - 54 A 69 Q4Cjf + a Q J� fi zz EMMART, W H & SON INC a y 54 A 75 783 PLtIMLY W MBER CORPORATION 54 A 65 �t4K •y, 54 A 72 784 � � 5 SUB # 05-01 Location Map For Orchard Terrace, Inc. PIN: 54-A-65 Office of Mapping and GIS, 02101, Agray Date: 1/16/01 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Application� ©r Fee Paid Applicant/Agent: Marsh & Legge Land Surve ors P.L.C. Address: 560 North Loudoun Street Winchester, Virginia 22601 Phone: 540/667-0468 Owners name: Orchard Terrarp, Inc. Address: Post Office Winchester, -Virginia 22.6n4 Phone: 540/955-9574 Please list names of all owners, principals and /or majority stockholders: Contact Person: Douglas -C. Legge, L.S. Phone: 540/667-0468 Name of Subdivision: Orchard Terrace, Inc. „ Number of Lots 3 Total Acreage 13.2748 Property Location: Intersections of North Kent Street Brick Kiln Road and Smithfield Avenue. (Give State Rt.#, name, distance and direction from intersection) Magisterial District Stonewall Property Identification Number (PIN)) 54- a 9 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Application� ©r Fee Paid Applicant/Agent: Marsh & Legge Land Surve ors P.L.C. Address: 560 North Loudoun Street Winchester, Virginia 22601 Phone: 540/667-0468 Owners name: Orchard Terrarp, Inc. Address: Post Office Winchester, -Virginia 22.6n4 Phone: 540/955-9574 Please list names of all owners, principals and /or majority stockholders: Contact Person: Douglas -C. Legge, L.S. Phone: 540/667-0468 Name of Subdivision: Orchard Terrace, Inc. „ Number of Lots 3 Total Acreage 13.2748 Property Location: Intersections of North Kent Street Brick Kiln Road and Smithfield Avenue. (Give State Rt.#, name, distance and direction from intersection) Magisterial District Stonewall Property Identification Number (PIN)) 54- Property zoning and present use: M2-- Lumber Storage Adjoining property zoning and use: M2 - Industrial, Manufacturing, Lumber Storage and Residential Has a Master Development Plan been submitted for this project? Yes No x If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) N/A Number and types of housing units in this development: Number Types E FROM : MARSH 8 LEGGE LAND SURVEYORS PHONE NO. : 540 667 0469 Feb. 06 2001 01:09PM P2 MaN1TY MAP SCALE; Y=ZM' APPROVED BY SUBDIVISION ADMINISTRATOR DATE" OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF A PORTION OF THE LAND IN THE NAME OF ORCHARD TERRACE, INC., (FORMERLY P. W. PLUMLY LUMBER CORPORATION), AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND W ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS PROPRIETORS AND TRUSTEES. IF ANY. ORCIARD TERRMLFn INC 0RA4WY P. W PLUMLY LUNM CORPORA -110N) BY PAUL D. PLUMLY, JR.. NCE PRESIDENT NOTARY PUBLIC NATE OF ,Y/COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDCED BEFORE ME ON (DATE) 9Y PAUL D. PLUMLY, 0., VICE PRESIDENT. ON BEHALF OF ORCHARD TERRACE, INC_ (FORMERLY W: PLUMLY LUMBER CORPORATION). MY COMMISSION EXPIRES (NOTARY PUBLIC) SURVEYOR'S CERTIFICATE I HEREBY CERTIFY 7HA T THE LAND CONTAINED IN THIS FINAL PLAT OF SUBDIWSION IS A POR770AI OF THE LAND CONVEYED TO ORCHARD TERRACE, INC, (FORMERLY P. W: PLUMLY LUAMER CORPORATION). BY DEED DATED 19 MARCH 1957, SAID DEED RECORDED AMONG THE LAND RECORDS OF FR®£RICK COUNTY, VIRGINIA IN DEED BOOK 268 AT PAGE 90. nNAL PLAT OF SUBDIVISION OF A POR77ON OF THE LAND OF ORCHARD TERRACE, INC. (FORMERLY P, W. PLUMLY LUMBER CORPORATION) STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GATE 2 FEBRUARY 2001 1 1 SHEET 1 OF 3 Marsh & Legge Land Surveyors, P_L.C. 560 NORTH LOUAOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (MO) 887-0468 — FAX (540) 887-0469 - EMAL mlls®shentel.net 'TH of " Douglas C_ Legge N0_ 001197 "ZNA SuRvE�� DRAWN BY: HH DWG NAME: IDPLUMLY FROM : MARSH '� LEGGE LAND SUP.UEYORS PHONE NO. : 540 667 0469 Feb_ 06 2001 01:1OPM P3 ��'S �l NORTH STREET EX�NDE© to, sTRrP f � KEN 46 � 0.0957 Ac. t�5 EX. IRS PIN 54-A SH A� HARf) 5- 10 TIRN32'2-444�00' Ripa 750-PS679EPIN 54-A.64AlN 54—A-65� ZONED:p!2L MM&O PARTNERSH75' 8RLUSE: iNDUSTRIN DB$08-P 1459N X9280 ACRES ZONED: tM2 rn'�� ZONED: M2 USE: INDUSTRIAL �ca, A USE: LUMBER STORAGEL1 IRFIRS i2 IR W� �I x U z U U �I �l0, ca PIN 154-2-6-5 �ca ORCHARD TERRACE, INC. 08 268-P 90 ZONED. M2 USE: MANUFACTURING � 0 M Uy 2 g-57'Nw LOT LiNE� 8RL HERy CREATED ZONED: TORAX m � - USE; LUMBS ER tl- 3 49' IRS 023'44 T./ PIN 54` INC. ORCHARD TERRACE,/ Dg 268-PMZ - 5' STRIP + 0.0282 AC. N32'23'� 35 l.�l� g5BRL PIN 54-A-65 10.9564 ACRES ,ZONED: M2 USE: LUMBER STORAGE L6OI � VA. SEC. RTE 784 N SMITHFIELD AVENUE 40' RIW N07F- SEE SHEET 3 OF 3 FOR LINE TABLE, GENERAL NOTES ADM)CRS AND DETAIL OF PIN 548-A-108. f 2 O O tl 3 �cd �i V m tr � tr O Q 0.0819 ACRES 5' STRIP 410"Y DEDICATED TO COANONWEALIH OF VIRGINIA FOR FUTURE ROAD Iff"NG PURPOSES 0 75 iso wo i o a GRAPHIC SCALE IN FEET 1"=150' FINAL PLAT OF SUBDIVISION OF A PORTION OF THE LAND OF ORCHARD TERRACE, INC. (FORMERLY P. W PLUMLY LUMBER CORPORA170N) STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 2 FEORUARY 2001 I SCALE.- 1"=150' 1 SHEET 2 OF 3 Marsh & Legge Land Surveyors, P.L.C. 560 NOM LOUDOUM STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (544) 887-0469 - EMAIL mlls®ahentei.net Douglas C. Legge No. 001197 �'YD svavE"� DRAWN BY- HH DWG DAME: 1DPL UML Y 01 � I PIN 54B-1-108 0.1846 ACRES ZONED: M2 USE RMEN77AL�- NEW LOT LINE 25' BRL / HEREBY CREA TED r —J L6OI � VA. SEC. RTE 784 N SMITHFIELD AVENUE 40' RIW N07F- SEE SHEET 3 OF 3 FOR LINE TABLE, GENERAL NOTES ADM)CRS AND DETAIL OF PIN 548-A-108. f 2 O O tl 3 �cd �i V m tr � tr O Q 0.0819 ACRES 5' STRIP 410"Y DEDICATED TO COANONWEALIH OF VIRGINIA FOR FUTURE ROAD Iff"NG PURPOSES 0 75 iso wo i o a GRAPHIC SCALE IN FEET 1"=150' FINAL PLAT OF SUBDIVISION OF A PORTION OF THE LAND OF ORCHARD TERRACE, INC. (FORMERLY P. W PLUMLY LUMBER CORPORA170N) STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE.• 2 FEORUARY 2001 I SCALE.- 1"=150' 1 SHEET 2 OF 3 Marsh & Legge Land Surveyors, P.L.C. 560 NOM LOUDOUM STREET N WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (544) 887-0469 - EMAIL mlls®ahentei.net Douglas C. Legge No. 001197 �'YD svavE"� DRAWN BY- HH DWG DAME: 1DPL UML Y FROM : MARSH Z LEGGE LAND SURUEYORS PHONE NO. : 540 667 0469 Feb. 06 2001 01:11PM P4 NOJES: NO TITLE REPORT FURNISHER EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3 IRF — IRON ROD FOUND IRS - IRON ROD SET 6RL - BUILDING RES7RIC110N LINE - U71UTY POLE U7ILITY WIRES - FDVCE LAE 0 25 50 100 GRAPHIC SCALE IN FEET YIN 54 -A -6S DAVID T, SR. & NORMA K DAGGETT ZONED: M2 M2 USE: LUMBER STORAGE DAWD T., SR. & NORMA K. QAGGM IRF N4110'44"E IRS M2 50.00 _ ' PIN 548--1-108 9. 1846 ACRES M2 zvNED_ M2 FOREST & DEAVERS PIN 546-1-107 SE RESIDEN-AL PIN 548-1-109 ORCHARD TERRACE SUB.jlORCHARD TERRACE SUBD. LOT 107 LOT td9 ZONED. M2 p ZONED: M2 UST: RESIDENTIAL USE RESIDENIIAL SMI NFIELD ZEWE 40' R/4Y ADJOINING PROPERTY OWNERS 54B--1-105 DAVID T, SR. & NORMA K DAGGETT 851 -256 M2 548-1-106 DAWD T., SR. & NORMA K. QAGGM 851 -256 M2 548-1-107 ROBERT L, JR. & DEBORAH D. JONES 945- 006 M2 54B-1-109 FOREST & DEAVERS 918- 980 M2 548-1-112 W. H. E1.IMART & SON. INC. L6 M2 AREA SUMMARY LINE TABLE UNE ADJUSTED AREA ORIGINAL AREA PIN 54-A-65 10.9564 ACRES 13.2748 ACRES PIN 54 -A -65A 1.9280 ACRES 0 0000 ACRES PIN 54B-1-108 0.1846 ACRES 0.0000 ACRES AREA IN R/W DID. 0.2058 ACRES 0.0000 ACRES TOTAL AREA 132748 ACRES 13.2748 ACRES LINE TABLE UNE DIRECTION DISTANCE L1 N327.344- E 41.80 L2 N2738 44 E 118.50 L3 N37'5130 W 214.04 L4 N3223 '44E 21.24 L5 S37Zl'30E 245.72' L6 S4879'16"E 160.64' L7 S41 -095 7W— 50.00 L8 N487916 160 98 L9 N41 -M 44 E 50.00 FINAL PLAT OF SUBDIVISION OF A PORTION OF THE LAND OF ORCHARD TERRACE, !NG (FORMERLY P. W. PLUMLY LUMBER CORPORATION) STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE. 2 FEBRUARY .2001 1 SCALE.- 17=50' I SHEET 3 OF 3 Marsh & Legge Land Surveyors, P.L.C. 40560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 PHONE (510) 667-0468 FAX (540) 667-0469 - EMAIL mlle®ehenteLnet Op � 9 Douglas C. Legge No. 001197 DRAWN BY: HH DWG NAME: IMUMLY