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PC 10-03-01 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia OCTOBER 3, 2001 7:00 P.M. CALL TO ORDER M.. CommitteeReports ................................................ (no tab) 2) Citizen Comments ................................................. (no tab) PUBLIC HEARING 3) Conditional Use Permit #15-01 of Homespun Gifts and Gardens for a Country Store/Mercantile. This property is located at 949 Cedar Creek Grade and is identified with Property Identification Number 63 -A -2H in the Shawnee Magisterial District. (Mr.Cheran) ....................... .................. .......(A) 4) ConditionalUs�Permit#16-01 of The Moun*iLeadership Sch/3' dletown for a school wit residential component. "property is located apel Lane is identified w' ropertyIdentificationlber 82-A-2 in the Back Crerial District. (Mr.La ce) �11�� .......................... (B) 5) Conditional Use Permit #17-01 of Jordan Springs to establish an office use that is of equal or lesser nonconformity than the Shalom et Benedictus treatment center. This property is located at 1160 Jordan Springs Road and is identified with Property Identification Number 44-A-294 in the Stonewall Magisterial District. (Ms. Ragsdale) ........................................................(C) 6) Revised Proffers for Briarwood Estates, submitted by Dave Holliday of SHIHO, Inc., to eliminate platting restrictions associated with the Greenwood Road (Route 656) improvement project. Briarwood Estates is located in the Red Bud Magisterial District. (Mr. Wyatt)..........................................................(D) PUBLIC MEETING 7) Waiver Request for Driveway Spacing Requirements at the Trex Office Center, submitted by Gilbert W. Clifford & Associates, Inc. The property is located on North Frederick Pike (U.S. Route 522) and is identified with Property Identification Numbers 42 -A - 198J and 42 -A -198G in the Stonewall Magisterial District. (Ms. Ragsdale) ........................................................ (E) 8) Other Page 2 PC REVIEW: 10/03/01 BOS REVIEW: 10/24/01 CONDITIONAL USE PERMIT #15-01 "HOMESPUN GIFTS & GARDENS" Country General Store LOCATION: This property is located at 949 Cedar Creek Grade. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63 -A -2H PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Residential ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Vacant; East: (City of Winchester) - Zoned: HR (High Density Residential) and LR (Low Density Residential) PROPOSED USE: Country General Store REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 622, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the States' right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Access for emergency vehicles for ingress, turning, and egress. A residential sprinkler system is anticipated and shall be installed per NFPA standards. Recommend a fire alarm system or a minimum of smoke detection system and portable fire extinguishers. Homespun Gifts & Gardens CUP #15-01 Page 2 September 24, 2001 Inspections Department: Existing building shall comply with The Virginia Uniform Statewide Building Code and Section 309, Use Group M (Mercantile), of The BOCA National Building Code/1996. Other codes that apply are CABO Al 17.1-92, Accessible and Usable Buildings and Facilities. Please submit floor plan at the time of change of use permit application. Note: Section 110.13 for the requirements for asbestos inspection in existing structures and Table 503 of BOCA for height and area limitation for type of construction. Shall comment on handicap access at the time of site plan review. Health Department: The Health Department has no objection to the conditional use permit as long as there is adequate sewer and water for the building. The septic system must accommodate 25 gallons per day, per employee, and 10 gallons per day per parking space. Historic Resources Advisory Board: See attached letter dated 9/19/01. Sanitation Authority: We do not serve this area. Winchester Regional Airport: The Airport Authority has no objections to this request. City of Winchester Planning: The specific proposal by the applicant seems reasonably compatible with uses allowed in the City's adjacent LR (Low Density Residential) District. The City's Comprehensive Plan calls for RO-1(Residential Office) zoning in the future. This district prohibits parking by -right in the front yard and prohibits internally illuminated signs. No fireworks. Frederick Co. Staff note: The City would require the following improvements for a commercial development along Cedar Creek Grade: • Maximum freestanding sign height of six feet. • Maximum freestanding sign of 25 square feet. • Prohibition of internally illuminated signs. • Maximum building -mounted sign of 10 square feet. • Minimum setback of 15 feet for dumpsters/enclosure. • Installation of a sidewalk along Cedar Creek Grade. Planning and Zoning: The Frederick County Zoning Ordinance allows for country general stores in the RA (Rural Areas) Zoning District. This proposed use would take place in a two- story, eight -room, 2,448 sq. ft. stone and log structure. This property is located outside the UDA and SWSA as noted in the Comprehensive Policy Plan. The property is a nonconforming lot of record and has no current RA setback requirements. The proposed country store will sell a wide variety of items with an Early American theme. One of the eight rooms will be used as a store office; all other rooms will be furnished with merchandise to sell. This merchandise will include furniture, bedding, throws, pillows, games, and garden Homespun Gifts & Gardens CUP # 15-01 Page 3 September 24, 2001 accessories. An on -premises kitchen will produce apple and vegetable specialities, as well as cookies and candies. There will be no service of gas or other petroleum products, and no restaurant or deli operation. STAFF CONCLUSIONS FOR THE 10-03-01 PLANNING COMMISSION MEETING: If the Planning Commission should find this use to be appropriate, staffwould recommend approval with the following conditions: 1. All review agency comments shall be complied with at all times. 2. An engineered site plan shall be approved by the County. All improvements shall be installed prior to operation of the country general store. Maximum height of freestanding sign shall be six (6) feet. 4. Maximum size of a freestanding sign shall be twenty-five (25) square feet. 5. No internally illuminated signs shall be allowed. 6. Maximum size of a building -mounted sign shall be ten (10) square feet. 7. Dumpsters shall be completely enclosed by an opaque fence with a minimum setback of fifteen (15) feet from the structure. 8. Parking shall only be permitted behind the structure. 9. No petroleum sales, restaurant or deli operation shall be allowed. 10. Any expansion or change of use will require a new Conditional Use Permit. O-.AgendasV('ONI M ENl'SCU P'sV?001 AHumespwi. wpd COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 September 19, 2001 Mr. R- J. Turner Turner Enterprises, LLC 317 Greenwood Road Winchester, VA 22602 RE: Homespun Gifts & Gardens CUP - 949 Cedar Creek Grade Dear Mr. Turner: The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced proposal during their meeting of September 18, 2001. The HRAB reviewed information associated with the Frederick County Rural Landmarks Survey, the Battlefield Network Plan,and information which Mr. Boyd provided at the meeting. Historic Resources Advisory Board Concerns The historic structure located on the parcel, known as Homespun, is proposed for utilization as a General Country Store, accomplished through the acquisition of a Conditional Use Permit (CUP). The MAB considered the details of the proposed business and its impact on the historic structure known as Homespun. Given the property's close proximity to the City of Winchester, the HRAB also considered possible improvements the City would require for such a business along Cedar Creek Grade. After discussion and consideration, the BRAB recommends approval of this CUP and requests that the applicant make the following provisions: • Maximum height of six (6) feet for freestanding signs • Maximum freestanding signs of 25 square feet in size • Prohibition of internally illuminated signs • Maximum building -mounted sign of ten (10) square feet • No expansion of use without a revised CUP • Minimum setback of 15 feet for dumpsters and complete enclosure of them • Parking in the rear 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Mr. R. I Turner Re: Homespun Gifts & Gardens CUP September 19, 2001 The HRAB believed the proposed use of the property would be appropriate and was impressed with the applicant's preservation initiatives. The HRAB also believed the provisions mentioned above should be included as conditions of the CUP. Please contact me with any questions concerning these comments from the BRAB. Sincerely, 4M,� 4d-4 Rebecca Ragsdale Planner I RR/rsa U:\cOhdvff EESXHRAB\xeconurmdatio=\ IomesptmCUP.wpa 63 A 2D BFUDGEFORTH %63 A 3A CATHER 63 A 2A MARSHALL Ci A M, _, '2H vI&V j 1 flil i CUP#15-01 Location Map For: Homespun Gardens & Gifts -turner Enterprises, LLQ PIN: 63 -A -2H Dept. of Planning and Development, 09/01, Agray b. A, rl '1 a 1Cz w ff It Li CUP#15-01 Location Map For: Homespun Gardens & Gifts -turner Enterprises, LLQ PIN: 63 -A -2H Dept. of Planning and Development, 09/01, Agray Submittal Deadline P/C Meeting BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY. VIRGINIA ? -- 7-o f /©--z4 -© 1. Applicant (The applicant if the owner X other) "Homespun Gifts & Gardens" NAME: Turner Enterprises, LLC - R.J. Turner ADDRESS • 317 Greenwood Ave., Winchester, VA 22602 TELEPHONE 722-2200 2. Please list all owners, occupants, or parties in interest of the property: Robert W. White - Owner Turner Enterprises, LLC; R.J. Turner - Contract Owner 3. The property is located at: (please give exact directions and include the route number of your road or street) South side of Cedar Creek Grade (VA Route 622), immediately West of the City of Winchester/Frederick County line. 4. The property has a depth of 300 (avg ) (Please be exact) road frontage of 150 feet and a feet and consists of 1.0 acres. 5. The property is owned by Robert W. White as evidenced by deed from Gylnnell L. Headley recorded (previous owner) in deed book no. 671 on page 111 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. 6. 14 -Digit Property Identification No. 63 -A -2H Magisterial District Shawnee Current Zoning RA(Rural Area) 7. Adjoining Property: USE ZONING North Vacant RA y E I V E D East Vacant RA South Vacant RA West Vacant RA SLEP 0 6 2001 1*117 nG Qi wvir.r nFVROPMENT 8. The type of use proposed is (consult with the Planning Dept. before completing) Country Store/Mercantile 9. It is proposed that the following buildings will be X=2tV tAx1: renovated Two-story, 2,448 sq.ft. stone and log structure built in 1841. 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: North NAME Kenneth F. Marshall ADDRESS 964 Cedar Creek Grade Winchester, VA 22601 PROPERTY IDI 63 -A -2A East NAME Joseph A. Allen ADDRESS 137 Oak Rid Se Rd. Winchester, VA 22602 PROPERTY ID# 269-01- - lA South NAMF. Joseph A. Allen ADDRESS 1625 Apple Blossom Dr. Winchester, VA 22601 PROPERTY ID,# 63-A-2 West NAME Joseph A. Allen ADDRESS 1625 Apple Blossom Dr. Winchester, VA 22601 PROPERTY ID# 63T -A-2 NAME Joseph A. Allen ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY ID# 11. Please use this page for your sketch of the property. Show proposed and/or existing structures on the property, including measurements to all property lines. ---------------- PARCEL DEVELOPMENT DATA 235' AREA: 43,558 SF ZONING: RA USE: COUNTRY GENERAL STORE-C.U.P. PARK PARKING 2278 SF/200=12 PROVIDED: 15 SPACES CES SEWER: E)QSTTING DRAINCITY OFIE DNCHESfER METER FRONT BRL• 60' SIDE/REAR BRL: 50' I I I I I I I I 1 I DRA/NRELD 1 1$ EASEMENT m n PARCEL a 1 1 1 1 1 I I I I 1 1 1 1 I I 1 1 2 I � < NOTES: 0 RE PRaFERrr DE6EIRD W THS PORT S LWAM ON ASU=(EIT YAP 63 PARS 2-N AND JS NOW EV RE NAME OF ROMT a MY& ET AL. AS RECURO® ED IN DBaCY 671 AT PACE III AU&M RIE LAW RECOW OFnUMVW Govan, WRML 2) Das Pur ms BEER AEPARED wpwr THE ase7T cF A ME REPORT AND DoEs NOT R 9ww NECf3SAntr a62CATE ALL ENCLAdWANCE9 ON RE PROPERTY. J) THE PROPERrr allVFITO hVaM IS W I -LOCO ZME C. AN AREA OF um" a0w HA2AROi As aEn vaD or REFERENCE TO FMW 000"A ITY PAM Na 6ra060 ans a _ a1g7'N A TRACAl1ETi ET AT / ET At L 7 v-91 (au P-2 ae = PD SAT rave AC ES3 am rEi PROF f-- AW OF aARAE CMXTY, --------- u� Saw 7 AE AILW t4A� 1RUSr TM -26e ((1)) FL -IA De WA PO im PARCEL -L 24 ACPESt De -2B; PD -FAT (aTY MMMESIW af?" OFFICE) CURVE TABLE CURVE #0 A= 06'07'41* T = 75.07' Arc - 149.99' R = 1,402.39' Ch = 149.92' Ch. Brg. = N72'12'54"E APPROIO IDGOw OF Ex GAMI EIMMCE e ;A em \ \ P.ac \ \4 \ 949 CEDAR CREEK GRADE ROBERT W. WHITE PROPERTY ALE:1'=60' DRAWN BY: Irl DAVE:30AUG01 I JOB fO107037 I REVISED: PAINTER—LENS, P.L.C. WINCHESTER, VIRGINIA TURNER REAL ESTATE, LLC DRAWNG NO.: SKETCH PLAN EXHIBIT 1 7M-63 ((A)) P -2—H AREA— 43,858.621 Sq. ! (. H 2� P AVA Ct1 SIXIED�C 17 OEM ° M EX w FAQlM CdMY, YA. IRF WINCHESTER CORPORATE UNE X5.82, CM OF MNn61E4 VA f-- AW OF aARAE CMXTY, --------- u� Saw 7 AE AILW t4A� 1RUSr TM -26e ((1)) FL -IA De WA PO im PARCEL -L 24 ACPESt De -2B; PD -FAT (aTY MMMESIW af?" OFFICE) CURVE TABLE CURVE #0 A= 06'07'41* T = 75.07' Arc - 149.99' R = 1,402.39' Ch = 149.92' Ch. Brg. = N72'12'54"E APPROIO IDGOw OF Ex GAMI EIMMCE e ;A em \ \ P.ac \ \4 \ 949 CEDAR CREEK GRADE ROBERT W. WHITE PROPERTY ALE:1'=60' DRAWN BY: Irl DAVE:30AUG01 I JOB fO107037 I REVISED: PAINTER—LENS, P.L.C. WINCHESTER, VIRGINIA TURNER REAL ESTATE, LLC DRAWNG NO.: SKETCH PLAN EXHIBIT 1 12. Additional comments, if any: Homespun Gifts & Gardens, as the name implies, will sell a variety of items with and Early American theme. An on premises kitchen will produce apple and vegetable specialties from the Homespun Gardens (caramel apples, zucchini bread, relishes) as well as candies and cookies. One of the buildings eight rooms will serve as an office; all other rooms will be furnished with merchandise for sale. The merchandise will include furniture, bedding, throws, pillows, games and toys, books and stationery, toiletries, garden accessories, pottery, vases and candles. In addition, customers will be offered the opportunity to select; plants, cut flowers, vegetables and pots from the gardens. The hours of business operation, initially, will be 10:00 a.m. to 6:00 p.m. Tuesday through Saturday, closed Sunday and Monday. There will be no service of gas or other petroleum products, fireworks, alcohol for consumption on the premises, fried food, and no restaurant or deli operation. I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Board of Supervisors' public hearing. Your application for a Conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant Signature of Owner Owners' Mailing Address aA�/O�wnners' Telephone No. Z7 -OV 2W &2 -221Z - TO BE COMPLETED BY ZONING ADMINISTRATOR: USE CODE: RENEWAL DATE: Vwv r--------- .--------- Z- � I I I I I I I I i I I I I I I I I I DRAINf1ELD I EASEMENT $) PARCEL I I I I I I I I I I I I I I i I I I 20' I � s 540' TRAcr 1 JOSEPH A. ALLEN, ET AL 7d4 -6J ((A)) P-2 DB 806, PG J93 16.918 ACRES + APPROX. LOCATION OF GRAVEL PARKING AREA NOTES: 1) THE PROPERTY DEUNE47ED ON THIS PLAT r.� LOCATED GN ASSESSMENT MAP 63 PARCEL 2—H AND IS NOW IN THE NAME OF ROBERT W. *0& ET AL, AS RECORDED IN DEED BOOK 671 AT PAGE 111 AMONG THE LAND RECORDS OF FREDERICK COUNTY, WIRGINIA. 2) THIS PLAT HAS BEEN PREPARED W7HOUT THE BENEFIT OF A 777LE REPORT AND DOES NOT THEREFORE NECESSARILY INDICA 7E ALL ENCUMBRANCES ON THE PROPERTY. \ 3) THE PROPERTY DELINEA7ED HEREON IS IN FLOOD ZONE C', AN AREA OF MINIMAL FLOOD HAZARD, AS DE7ERMINED BY \ REFERENCE 7D FIRM CGUMUNITY PANEL NO. 510063 0115 S. EX WOODEN TRACT 2 DECK 774-63 ((A)) P -2-H Et AREA- 43,55&621 Sq. Ft. EX CON SHED EX STONE 305 FREDERICK COUNTY, VA.dt WOOD HOUSE 310'59'41 �' IRF WINCHESTER CORPORATE LINE X5.B2' CITY OF WACHESTER, VA. ;.A RD= JIL 0405 001058 R/R SPIKE FOUND n P.O.C. \ 0 In�� 1 ��n 7; \ \ c� IRF P.O.C\ BANK OF CLARAE COUNTY, 77?US7EE OF 7HE EVaM D. ALLEN RESIDUAL TRUST U11W OF E I M D. ALLEN, DECZ420 7U-269 ((1)) P -1-A DB 806, PG J9J PARCEL -1, 24 ACRES+ 08-262. PG -19J (PTY OF W1NC NESTER CLERKS OFFICE) CURVE TABLF CURVE f O A = 06'07'41' T = 75.07' Are = 149.99' R = 1,402.39' Ch : 149.92' Ch. Brg. = N72'12'5eE PLAT SHOWWNG BOUNDARY SURVEY ON THE PROPERTY OF ROBERT W. WHITE, ET AL BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE.• 1" =60' AUGUST 16, 2001 6 Ws� Ch w a (D t Conditional Use Permit Application for 949 Cedar Creek Grade in Frederick County, Virginia Looking south at the front pf the building Looking north at the back of the building PC REVIEW: 10/03/01 BOS REVIEW: 10/10/01 CONDITIONAL USE PERMIT #17-01 JORDAN SPRINGS To establish an office use that is of equal or lesser nonconformity than the Shalom et Benedictus treatment facility LOCATION: This property is located at 1160 Jordan Springs Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-294 PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas) District; Land Use: Occupied by maintenance staff for the upkeep of existing structures and grounds ADJOINING PROPERTY ZONING & USE: Zoned RA (Rural Areas) District; Land Use: Vacant and Residential PROPOSED USE: Office space for the County Court Reporters/Court Reporting Consultants REVIEW EVALUATIONS: Virginia Dept. of Transportation: The application for a conditional use permit for this property appears to have little measurable impact on Rt. 664, the VDOT facility which would provide access to the property. Prior to operation of the business, a commercial entrance must be constructed to our minimum standards to allow for safe egress and ingress of the property. Any work performed on the States' right-of-way must be covered under a land use permit. The permit is issued by this office and requires an inspection fee and surety bond coverage. See also the attached letter and sketch dated 9/11/01 from Mr. Steven Melnikoff, VDOT Transportation Engineer. Fire Marshal: Additional uses of other building portions may be cause for additional comments. Emergency vehicle access maintained per NFPA 299, 12 -ft. width/14.5-ft. vertical. Access to normal and emergency building ingress and egress points. Maintenance Jordan Springs CUP #17-01 Page 2 September 24, 2001 of existing fire sprinkler system and current recall procedures for existing sprinkler heads. Inspections Department: No change of use permit required for business use in this structure. Please contact our office if renovations are to occur for permit requirements. Planning and Zoning: In accordance with Section 165-139 of the Frederick County Zoning Ordinance, a legally nonconforming use that was discontinued due to abandonment may be re-established by obtaining a conditional use permit. Approval ofthis conditional use permit shall only be granted for a use that is of equal or lesser nonconformity than the original use in relation to intensity, type of use, or dimensional requirements. Jordan Springs has been used in the past as a resort, as a hotel, and as a seminary by the Missionary Servants of the Holy Trinity. Most recently it was used by Shalom et Benedictus, Inc. as a drug and alcohol rehabilitation center. Shalom et Benedictus was the primary user from the early 1970's to 1999. It operated at Jordan Springs with 30 to 50 employees and residents. On the weekends, the number of people using the property would increase due to visitation by family and friends of the residents. The applicant, County Court Reporters/Court Reporting Consultants, proposes to relocate their office to Jordan Springs. At present, there are 17 employees of the business that would relocate to the site. The number of employees is not expected to significantly increase. The facilities as they exist are adequate for the business. There are four buildings on the property: the main hotel building (A), the administration building (B), the shop building (C) , and the original house (D). The location of these buildings is shown on the attached plan of Jordan Springs. Also attached is information about the square footage of the buildings. The applicant's business would occupy the first floor of the main building only. Two maintenance employees currently live in the apartment above the shop building and would like to continue living there. The property is served by a septic tank and lagoon, all appropriate Department of Environmental Quality permits are in good standing. The existing structures are located approximately 500 feet from Jordan Springs Road (Rt 664) and at least 800 feet from the side and rear property lines. The nearest residence is over 1,000 feet away. There is substantial vegetation on the sides and rear of the property, forming a buffer to any future development or agriculture. Staff feels that the applicant's request would not negatively impact surrounding areas and is a good example of adaptive reuse of the property. Staff feels that the use proposed by the applicant is of a lesser nonconformity than the original use of a drug treatment facility. Jordan Springs CUP #17-01 Page 3 September 24, 2001 STAFF CONCLUSIONS FOR THE 10-03-01 PLANNING COMMISSION MEETING: Should the Planning Commission determine that this request is appropriate, staff suggests the following conditions: All review agency comments shall be complied with at all times. 2. Compliance with VDOT's commercial entrance requirements shall occur within 180 days of CUP approval. 3. All parking areas shall be hard surfaced with asphalt and striped. Compliance with these conditions shall occur within 180 days of CUP approval. 4. All vegetation within close proximity of all travel ways serving access to the structures shall be maintained to provide a 15 -foot vertical clearance for emergency vehicle access. 5. All applicable permits shall be obtained from the Department of Environmental Quality for the use and maintenance of the health system. 6. Land use shall be limited to general office with the exception of residential above the shop building. Occupants of the shop building shall be limited to maintenance personnel. 7. One business sign shall be permitted that is ofmonument-type construction and limited to fifty (50) square feet in size. 8. A site plan shall be approved by Frederick County for applicable site improvements. Any future expansion or structural development shall require an amended site plan. 0\Agend,6\COM M I:NTS\CUP's\2001 \lordanSprings. wpd COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 COMMISSIONER September 11, 2001 Mr. Evan Wyatt, Planning Director County of Frederick Department of Planning 107 North Kent Street Winchester, VA 22601-5000 Ref: Conditional Use Permit Comment Jordan Springs Route 664, Frederick County Dear Mr. Wyatt: JERRY A. COPP RESIDENT ENGINEER TELE (540) 984-5600 FAX(540)984-5607 The attached sketch depicts a commercial entrance of appropriate design for the Jordan Springs request. The minimum entrance required for this application will require an entrance 30' wide at the back of the radii with 25' radii to the edge of pavement and paved with 2" of asphalt. No curb and gutter will be required. A land use permit will be required accompanied by an engineered drawing. I trust this information will be helpful. Steven A. Melnikoff Transportation Engineer Attachment tiECEIVED, xc: Mr. Dave Heironimus Mr. Steve Gyurisin SEP 1 2, 2001 'DT Or PLAINNINGIDEVELOPMENT7 WE KEEP VIRGINIA MOVING 5N)NO= STCA'L,?W+N �v/ueW=- V=� r-7� 9 �d or,ai direcr�io� Lf Q ro fz-IG 66D to KES6' S / G H T OSS TA Al C E CQ,oSS ��t.��-rtT SLA / V/E K/ EP .. I, I . IYA� F 7"Y /CAL 5-�EC7-101V @ ,E it/N C,5 .5 - 6 -c3 q /f /o . 0 /(� 09/07/01 FK1 11:42 PAb b4u4340641 iriau narrlsouuurs ,Juv� fYIA�A�l�NW�ti TTT�' n� v�Rrrl�TTa %_,.L VL.L T JL /t � ► ♦ ait aa.ia a a v� �� DEPARTMENT OF ENVIRONMENTAL QUALITY Permit No. VA0029653 Effective Date: June 30, 1997 Expiration Date: June 30, 2002 AUTHORIZATION TO DISCHARGE UNDER THE VIRGINIA POLLUTANT DISCHARGE ELIMINATION SYSTEM 0 THE VIRGINIA STATE WATER CONTROL LAW In compliance with the provisions of the Clean Water Act as amended and pursuant to the State Water Control Law and regulations adopted pursuant thereto, the following owner is authorized to discharge in accordance with the effluent limitations, monitoring requirements, and other conditions set forth in this permit. Owner: Shalom et Benedictus, Inc. Facility Name: Shalom et Benedictua STP City: Stephenson County: Frederick Facility Location: East of Rt. 664, 0.4 mile north of Rt. 664 X 660 The owner is authorized to discharge to the following receiving stream: Stream: Lick Run River Basin: Potomac River Subbasin Potomac Section: 11 Class: IV Special Standards: pH The authorized discharge shall be in accordance with this cover page, Part -I - Effluent Limitations and Monitoring Requirements, and Part II - Conditions Applicable To All VPDES Permits, as set forth herein. ctor, Dep*tmenE. of Environmental Quality an e /6, r997 Date County Court Reporters, Inc. and Court Reporting Consultants plan to purchase the Jordan Springs property and move their corporate office to the property. Approximately seventeen (17) office employees are associated with this move. Employee growth at this location is not anticipated because of the high level of technology associated with these businesses. Following the relocation, a long-term preservation program for the Jordan Springs property is anticipated. The buildings and grounds surrounding the core complex are planned to remain unchanged except for required repairs and maintenance. Amble parking and access exist for the planned office use. The core complex of Jordan Springs consists of four major buildings: - BUILDING "A":The "hotel or main building" which consists of approximately 29,150 square feet. - BUILDING "B":The "administration building" which consists of approximately 2876 square feet. - BUILDING "C":The "shop building" which consists of approximately 4840 square feet. - BUILDING "D":The "original house" which consists of approximately 1750 square feet. The approximate total square footage of Jordan Springs consists of 38, 615 square feet subdivided as follows: - Living Areas 9500 square feet, approximate. - Storage / Utility Areas 7100 square feet, approximate. - Office / Meeting Areas 7200 square feet, approximate. - Shop Areas 2900 square feet, approximate. - Kitchen / Dining Areas 2750 square feet, approximate. - Misc. Attic/Crawl Areas 9165 square feet, approximate. Jordan Springs has been in continuous use as a resort, hotel, seminary and drug and alcohol rehabilitation center for over 100 years. More recently, the complex has been used by the Missionary Servants of the Most Holy Trinity as a seminary, and by Shalom Et Benedictus, Inc. for alcohol and drug rehabilitation purposes. The transformation from the seminary to the rehabilitation facility occurred gradually in the late 1960's with Shalom Et Benedictus, Inc. emerging as the primary user in 1971 - 72. Shalom Et Benedictus, Inc. operated at Jordan Springs with between 30 to 50 residents and employees until late 1999. Jordan Springs has been maintained since, as a drug and alcohol rehabilitation facility by the owners. This use has not been discontinued. The owners have kept staff on board at Jordan Springs to maintain the property in its current use and condition in hopes of having another operator such as Shalom Et Benedictus, Inc. provide similar services. Currently two staff members are employed in such a capacity. TREELINE� BUILD,I I APPROXIMATE I SCALE: 1 " = 200' 4t. �42 �e TREES Lo� r Za z OWNERS: MISSIONARY SERVANTS OF THE MOST HOLY TRINITY Q a APPROXIMATE SCALE: 1" = 500' ct� M NOTE: a THIS PLAN SHEET HAS BEEN DERIVED FROM ,AN AERIAL PHOTOGRAPH AND HAS NOT BEEN FIELD CHECKED. THE BOUNDARY IS APPROXIMATE AND IS INCLUDED FOR GRAPHIC REPRESENTATION ONLY. I CUP#17 - Ol Location Map) For: Jordan Springs PIN: 44-A-294 of Planning and Development, 09/01, f CUP#17 - Ol Location Map) For: Jordan Springs PIN: 44-A-294 of Planning and Development, 09/01, Submittal Deadli C(�F-tr7 fly P/C MeetingIlk BOS Meeting APPLICATION FOR CONDITIONAL USE PERMIT rABDERICK COUNTY, VIRGINIA 1. Applicant (mhe applicant if the owner other) NAME: -Tlzv+ ADDRESS: TELEPHONE -42(0-7 q 770 C/U �� M GYU�l51r� 2. Please list all owners, occupants, or parties in interest of. the property: It JMT,)A lei ' j I i 3. The property is located at: (please give enact directions and include the route number of your road or street) Of VIA-. CrJ 4. The property has a road frontage of 'ti- feet and a depth of z000'/ feet and consists of 4,4,Pt. (Please be exact)A� 7,a ►s� 5. The property is owned by /vkl�jlo,Jlt�{ ! �Ti�tE:14lZ�ii^ f�txx.0 as evidenced by deed from vi - -K A4. ->'+,DVtZ2. recorded (previous owner) in deed book no. 7-2-4 on page JJ `1 , as recorded in the records of the Clerk of the cireu t Court_ County of 6. 14 -Digit Property Identification Magisterial DistrictrJ�ir-s�rt.c Current Zoning XA, Pc6 7. Adjoining Property: s North RJeAl-- QPCRVvT- East t l pe'3T - South west No. 44 -P<- JR4 JDv'glal-L- ZONING Tia -- rIECEIVED SEF 0 7 2001 _�r n� p� anmii"�r n�UFi �P�AFAi' SEP -06-2001 15:24 TE I 1,AHC HC P.03 8. The type of use proposed is (consult with the Planning Dept. IDefore completing) 9. It is proposed that the following buildings will be constructed: NJ>NE 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) the property where the requasted use will be conducted, (continue on back if necessary.) These people will be notified by mail of this application: NAME 1V4�C It L. ADDRESS 3fv7- pROFERTY ID,1k ��✓" � � " ` E��� � �- Z'�'.t�'� NAMS (jk LA -i 00k k e, ADDRESS � e�I LC, 7 �7� PROP SSMCA NAME ADDRESS 8a? M t LL, PP, PROPERTY ID# C;!5;1 ` N JA- �' ✓fir NAME 1 ( ` INC, ADDRESS s PROPERTY YD#qq'-A-LcjZ A --7-92 hJj C#f 1 NAM VjtLuApA I� � �7� M , ADDRESS I �tu'. �• �ro!? G- 44 + A -'� PROPERTY NA M ADDRESS (I O Z- v`" W`✓ M I U- �Z. KU DAME: rJ J A- 7-, � PROPERTY ID# H4— A - 2die _ NAME , j kjaM � k OVVL W JF- D . ADDRESS ,, j ICA P Wil I'Kt u r -rz?P . GOT -4 Q Cr - PROPERTY ID# ADDRESS PROPERTY ID#� A - S r P 0 7 2001 SEP -06-2001 15:25 TEI WINC P.04 .AME -Tj t& OVYQ Li rJ ADDRESS fa 4W0�? Y" j LA, JZD PROPERTY IN - A -1 - I'l r NJA- 2-'7-Afv DAMP' �� I �`7 - t ADDRESS 3 LCL) DbZ» 5-r, rA-C_� I rr,�c_ GJiP.I {C7r- PROPER TY ID# S - 1 12 D NAME 1-1 /� � �iF'1'l � ADDRESS ,- jLf GC)hj ,:::: �7 -o e- ► � - � PROPERTY ZD# �A --1 - 2-1 ��}22 NA= m - CL-te-L-. W Ab 55 PROPERTY IDI 1 - ZZA NAME: ADDRESS FROPERTY ID#� NAKE ADDRESS PROPERTY ID01 Kma C+1 rzt tT-i 6-J �: 9,1 E G: Annnss PROPERTY IDO tr;p, - "t 4l LAq - NAME IL� c c-� rJ ADARTSs PROPERTY ID# Nle M V� L.�•(_F�CN� D P te!` - ADDRESS -koff PROPERTY Izi#„_ga,~t MAM POD -' aaaREss PROPERTY ID# PROPERTY ID#` 1-t-'-41 - (( PROPERTY ID# l► � il�Ir ��1�1J \/A Z'75 r, ]tral-3� J(k- iZcu�� 15- ZP--D A-0►e1��� (54 -RL)ry m i o b iPT U ADams 2 zO ADDRESS NAME ADDRESS PROPERTY ID# BAILEY 1 a 3 H. T- B`N/rF.f Es r. r To Z W. N.M. SrovER s 1.OCMHAAr S 7 rl 20 W Ba2� �'P. 333 6 N ?%El� 4 a �zll MAONErics I954 SGA[ B / '-5'00' N ORNOOFF I I Ser. l' 0 m W LAND o� 3 COOPER b� c W P. M..5 Tp VER a � h P q � Oil - 7 ,i 1116 a BE[1 za s: AZ: z3f• �3 �II SoAvCYFO JvAur 4, /95L RIC/NARO L/ GOooz 40GRrE0 Aeour 4 I M/LES CE09r/F/Eo soevE'Yoq NOR7N6AJr OF W/ iv vx-jTmq, ON 8OrH SIDES OF ROAD NO. 664, /N Sr'OlVeWAJA. D,,.sr41cr, FREDERICK COUNTY, VA. VIRGINIA FREDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 15th day of July 1952 at 1;00 P. M. and with certificate of acknowledgment thereto annexed was admitted to record. ALERK F K if /95L Soo " BAIi.EY SURVEYED A4,9r 24, /9SL R,*CH,IAD U. G000E CER Ti F�60 SURVEYo,( LOGArEO .geoar Alo,erNEAsr OF W/NC//�STER, /A( S TONe WALL FiPEOER/C K COUNT Y . VA_ SEP -06-2001 15:25 TEI WINC 12. Additional comments, if any: P.06 I (we), the undersigned, do hereby respectfully make application and petition the governing body of Frederick County, Virginia to allow the use described in this application. I understand that the sign issued to me when this application is submitted must be placed at the front property line at least seven (7) days prior to the first public hearing and maintained so as to be visible until after the Hoard of Supervisors' public hearing. Your application for a conditional Use Permit authorizes any member of the Frederick County Planning Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Ik 45" L4d*qt Signature of Applicant � U !4 r-~ -M(eco �•ro 1 Signature of owner Missionary Servants of the Most Holy Trinity BY - owners' bailing Address 9001 New Hampshire Avenue Si I ver pring, MD 20903 owners' Telephone No. 301-439-0333 TO HE COMPLETED BY SD2i NG. 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V',• .�� _ 't. %' _ l^„ LL.: _ _ - ,�-:i} FD7�eQ�IkCwr*eIWMLI V>mmlkREIM•SMMBMWU= 0AScacl:JUN DdF&D21dwW(M 4 • J COUNTY of FREDERICK Department of Planning and Development ® 540/665-5651 FAX: 540/665-6395 nae MEMORANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planning Director 47 RE: Briarwood Estates - Proffer Statement Amendment Request DATE: September 18, 2001 Please find attached a letter from SHIHO, Inc., to Evan Wyatt, Director ofPlanning dated September 6, 2001. This letter requests consideration of an amendment to the approved proffer statement for Briarwood Estates. The applicant, Mr. Dave Holliday, has submitted attachments with this letter including the approved proffer statement and the proposed revised proffer statement for this development. Project History Two rezonings were approved by the Board of Supervisors to establish the Briarwood Estates subdivision. Rezoning #018-87 was approved on August 26, 1987, and Rezoning #003-98 was approved on April 8, 1998. The 50.53 -acre portion of Briarwood Estates that was rezoned in 1998 received conditional zoning approval in the form of an adopted proffer statement. To date, the applicant has subdivided the number of lots that were permitted by the proffer statement. Of these 122 lots, Frederick County has issued building permits for residential development for 111 lots. The approved proffer statement limits the platting and development of additional lots within Briarwood Estates until the completion of the Greenwood Road improvement project. Proffer Statement The proffer statement that was approved as a condition of Rezoning #003-98 includes a section entitled Greenwood Road Im rovements. This section agrees to limit residential lot construction within Briarwood Estates to 122 lots until the completion of the Greenwood Road improvement proj ect. The applicant's cover letter proposes to allow for the platting and development of the remaining lots within Briarwood Estates and offers to defer Certificate of Occupancy Permits (COP) for these lots 107 North Kent Street • Winchester, Virginia 22601-5000 Briarwood Estates Memo Page -2- September 18, 2001 until the completion of the Greenwood Road improvement project. Staff met with the Building Official and the County Attorney to determine if this was an enforcement condition of the proffer statement. It was determined that once a building permit is issued, the Building Official is obligated to issue a COP once the structure is constructed to code; therefore, the proposal in the applicant's cover letter would not be enforceable by staff. As a result of this determination, the applicant has modified the proffer statement to eliminate the conditions associated with the section entitled Greenwood Road Improvements. Staff Conclusions Board of Supervisors' approval of the revised proffer statement would enable the applicant to finalize the platting and development of Briarwood Estates. It is estimated that Briarwood Estates will be platted to develop 204 residential lots although the approved master development plan would allow for 230 residential lots. Therefore, an additional 82 - 108 residential lots will be platted for the buildout of Briarwood Estates. Concerns raised during the consideration of Rezoning #003-98 centered around the traffic impacts to Greenwood Road which, at that time, was identified as the County's highest secondary road improvement project. The applicant met with Virginia Department of Transportation (VDOT) representatives to ascertain when the project would be bid for construction and, as a result of that meeting, developed a proffer that would limit construction until the completion of this road improvement project. The VDOT bid to award the contract for the Greenwood Road improvement project did not occur as originally projected; therefore, this delay has created a scenario where lot development associated with the approved proffer statement has been realized. The applicant has modified the proffer statement to eliminate the Greenwood Road Improvement section. This would allow for the platting and development of additional residential lots within the Briarwood Estates subdivision. Mr. Ben Lineberry, VDOT Assistant Resident Engineer, is the project manager for the Greenwood Road improvement project. Mr. Lineberry has advised the Planning Department that this road improvement project will be complete by Thanksgiving 2001. The average time associated with the development of a residential lot is 90 to 120 days; therefore, the request for COPS within this subdivision would not be anticipated until January 2002. If the modification to this proffer statement is approved, the only additional traffic impacts to Greenwood Road during the final months of completion would be by the general contractor that would be installing the remaining roads and infrastructure. Staff requests that the Planning Commission consider the proposal to amend Rezoning Application #003-98 Proffer Statement to eliminate the Greenwood Road Improvement section and forward a recommendation for final disposition by the Board of Supervisors during their October 10, 2001 meeting. O:\Agmdas\COMMENTS\REZONING\Staff Report\2001\BiiarwoodEstatesProfferStatementAn dmentRequest-PCMemo_October3,2001-wpd SHIM, Inc. P.O. Box 3276 Winchester, VA 22604 (540)667-2120 N1r. Evan Wyatt, Director of Planning Department of Planning and Development County of Frederick 107 North Kent Street Winchester, VA 22601-5000 RE: Briarwood Estates Dear Mr. Wyatt; September 6, 2001 Enclosed please find the original "Rezoning Request Proffer" for "Briarwood Estates". This rezoning was approved by the Board of Supervisors on April 17, 1998. Please direct your attention to page 2, "Greenwood Road Improvements". When we made this particular proffer, the secondary road improvements plan projected the Greenwood Road project would go to bid in January 1999. As it turned out, the bid was not let by VDOT until early 2001. Although we dedicated all of the necessary rights of way along Greenwood Road at the Briarwood Subdivision, they apparently ran into complications at other points in the route. We have sold all 122 lots that were allowed until the completion of this project. The various builders in our project are in need of lots to stay in business for the winter and spring market As we all know, there is a shortage of lots in the UDA. We have started the field work on the remaining 76 lots comprising Sections 7, 8 and 9. This entire project is bonded to Frederick County. We aie doing the necessary reroutes of sewer as requested by the Frederick County Sanitation Authority as well as the connection to Carlisle Heights to "spread" the traffic load at any one connector_ On behalf of our builders, purchasers and on behalf of our necessity to continue production in this subdivision, due to market requests and monetary restraints we request to change the above mentioned proffer to read: Greenwood Road Improvement The undersigned voluntary proffers that any lots in excess of the original 122 lots can be sold, but will not receive a "Certificate of Occupancy" for the improved lots until the Greenwood Road construction is complete to the satisfaction of the staff, planners or Board. Please keep in mind that the Greenwood Project is slated for completion in December 2001, however, it would be a hardship on us all if we had to wait for the actual total completion before obtaining building permits. This project is complete along the Briarwood Subdivision at this writing. Please ask the proper authorities for their approval at their earliest convenience. If any fees are involved please advise. Thank you for your time and consideration. Sincerely, SHIM, Inc. Dave Holli President BRIARWOOD ESTATES PROFFER STATEMENT APPROVED AS A CONDITION OF REZONING APPLICATION #003-98 I April 17, 1998 G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, Virginia 22601 COPY FOR YOU INFORMATION COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 RE: REZONING APPLICATION #003-98 OF BRIARWOOD ESTATES; PIN's 55-A-184 and 55 -A -184C Dear Mr, Gyurisin: This letter serves to confirm action taken by the Frederick County Board of Supervisors in regular meeting on April 8, 1998, The Board approved your request to rezone 50.53 acres from RA (Rural Areas) to RP (Residential Performance), identified as PIN's 55-A-184]3 and 55 -A -184C in the Stonewall Magisterial District. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, L, � . . -- I --- Evan A. Wyatt 14 Deputy Director EAW/cc Attachment cc: SHIHO, Inc. Charles Orndoff, Stonewall District Supervisor VDOT - Steve Melnikoff Fred. Co. Public Schools - Tom Sullivan Parks & Rec. - Jim Doran Fire & Rescue - Denny Linaburg Keith H. Johnson, Pres.; Carlisle Heights Homeowners Assoc., Inc. 0AAGENDASWPR VLTR\BRIAR WD.REZ 107 North Kent Street • Winchester, Virginia 22601.5000 REZONING REQUEST PROFFER Property Identification Numbers 55 -((A)) -184B & 184 Stonewall Magisterial District "BRIARWOOD" Preliminary Matters Pursuant to Section 15.1 - 491.1 et. seg., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application # M-3_798 for the Rezoning of 50.53 acres from Rural Area (RA) Zoning District to Residential Performance (RP) Zoning .District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General Development Plan The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 50.53 acre property, lying on the east side of Greenwood Road in the Stonewall Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will submit a master development plan that will provide for a street layout connecting with Greenwood Road as shown on the attached Addendum "A" - Briarwood Estates Master Development plan dated December 15, 1997. Housing Tyne The undersigned voluntarily proffers that the rezoned property shall be master planned and subdivided for single family detached home lots and further that no apartments, duplexes, or other multi -family buildings shall be constructed upon the 50.53 acre property. Master Planning The undersigned voluntarily proffers that the rezoned property (50.53 acres) shall be combined with the adjoining property (tax map parcels 55((A))184A and D consisting of 40.11 acres for master planning purposes. The master planned area shall consist of 90.64 acres with 230 single family home lots. REZONING REQUEST PROFFER Property Identification Numbers 55 -((A)) -184B & 184C �] . Stonewall Magisterial District CZ r !J j BRIARWOOD y ta Page 2 i _ LLi �c, �' ; Phases The undersigned voluntarily proffers that the combined master planned property shall be phased to limit the recordation of lots to 87 single family home lots until improvements are under construction for Greenwood Road. Phasing shall be in accordance with the attached Addendum "A" - Briar -wood Estates Master Development Plan dated December 13, 1997. Greenwood Road Improvements The undersigned voluntarily proffers that any lots in excess of 87 will not be recorded until Greenwood Road improvements are under construction and that no more than 35 lots will be recorded during construction of the Greenwood Road Improvements. Streets The undersigned voluntarily proffers that the following items will be addressed in the early stages of subdivision and/or site planning for Briarwood Estates: 1. Tapers and right turn lanes shall be considered as per VDOT at the intersection of Greenwood Road (Route 656) and any proposed access streets. 2. A signalization agreement shall be executed with VDOT. Monetary Contribution. to Offset the 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 50.53 acre property lying along the east side of Greenwood Road (Route 656) between Senseny Road (Route 657) and Valley Mill Road (Route 659) in the Stonewall Magisterial District of Frederick County, Virginia from Rural Area (RA) Zoning District to Residential Performance (RP) Zoning District, the undersigned shall pay to Frederick County $4,148.00 for schools and parks and recreation at the time a building permit is applied for and issued for each approved lot. $10,000 for Greenwood Fire and Rescue Company shall be paid to Frederick County by the owner at the time the first section of the rezoned property is approved for recordation and shall be forwarded as soon as possible by the County to Greenwood Fire and Rescue Company. REZONING REQUEST PROFFER Property Identification Numbers 55-((A))-1a4B & 184C Stonewall Magisterial District BRLPiRWOOD Page 3 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, STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Date: Aa /ff Date: ���0 7,0 The foregoing instrument was acknowledged before me this 6-- 74 day of f �c 1998, by E(, i= -d-n K)- , o ✓ My Co; Notary Public JAMES H. HEAD MY COMMISSION ► CC 452995 a EXPIRES: July 12. 1999 8wW Thru Natuy Publk Undgnvftri The foregoing instrument was acknowledged before me this da of I1998, by - « y J /9 . 0A L! C.. T - My Commission xpires - - `+�" '-; JAMES H. HEAD Notary Public % MY COMMISSION M 4M5 411, FJlPIRES July 12, 1999 N Nomry Pu81M Undenvri�rs REZONING REQUEST PROFFER Property Identification Numbers 55 -((A)) -184B & 184C Stonewall Magisterial District BRIARW OOD Page 3 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 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, Propej By: By: Date: Date: By: Date: 0 Applicant Date: tom— Date: �- rARMiNGTON 8L1a FJ PHASE I ;`;` Addt:ndum "A" 12-13-97 Briorwood Estates Master Develo ment Plans P Fl( P ASES ' ..TO I$E UEVE - %. •`' IN . ED 0 TION.' 1MTH :GREEN 0 p ;• _ IMP 0 GAFNT EONSTRU TI 50.53- R 0 R ' `REQUESTED 0 P ZONING.' .r I i 40.11 "ACRE i (ZG RP )•. MASTER PL FOR 87 S.F. LOT : \, a. V�✓ is \ PHASING NOTE: In 1993, Sriarwood Estates master Plan was approved for 87 Homes on 40.I1 Acres Zoned RP. - 50.53 Acres are requested to be zoned to RP. - Combining the areas for Master Planning purposes (90.64 Acres) shall yield 230 home lots. - No more than 87 will be built prior to the beginning of the Greenwood Road reconstruction project. - No more than 122 will be built duzing the reconstruction of Greenwood Road. Tis 7"t E: Number of lots may vary in each phase due to final engineering, site: PROJECT PHASING constraints and master planning. 1 - 20 Lots (under Construction) II 25 I11 - 21 IV - 35 V - .Z 122 Future 1111 (wtlh Greenwood Road Imp. Project) 230 Total lots 9RLWYOOD j TaTzs s.a per• IfASTAP PLAN BRIARWOOD ESTATES REVISED PROFFER STATEMENT PROPOSED FOR APPROVAL IN OCTOBER 2001 REZONING REQUEST PROFFER Property Identification Numbers 55+A)) -184B & 184C RED sun 1blagisterial District "BRIARWOOD" Preliminary Matters Pursuant to Section 15.2 - 2296 et. seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve Rezoning Application # 003 -98 for the Rezoning of 50.53 acres from Rural Area (RA) Zoning District to Residential Performance (RP) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. General Development Plan The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 50.53 acre property, lying on the east side of Greenwood Road in the Red Bud . Magisterial District of Frederick County, Virginia from RA to RP, the undersigned will submit a master development plan that will provide for a street layout connecting with Greenwood Road as shown on the attached Addendum "A" - Briarwood Estates Master Development plan dated December 15, 1997. Housing Type The undersigned voluntarily proffers that the rezoned property shall be master planned and subdivided for single family detached home lots and further that no apartments, duplexes, or other multi -family buildings shall be constructed upon the 50.53 acre property. Master Planning The undersigned voluntarily proffers that the rezoned property (50.53 acres) shall be combined with the adjoining property (tax map parcels 55((A))184A and D consisting of 40.11 acres for master planning purposes. The master planned area shall consist of 90.64 acres with 230 single family home lots. REZONING REQUEST PROFFER Property Identification Numbers 55 -((A)) -184B & 184G Red Bud Magisterial District BRLA,RWOOD Page 2 Phasing The undersigned voluntarily proffers that the combined master planned property shall be phased to limit the recordation of lets to 87 single family home lots until improvements are under construction for Greenwood Road. Phasing shall be in accordance with the attached Addendum "A" - Briarwood Estates Master Development Plan dated December 13, 1997. Streets The undersigned voluntarily proffers that the following items will be addressed in the early stages of subdivision and/or site planning for Briarwood Estates: 1. Tapers and right turn lanes shall be considered as per VDOT at the intersection of Greenwood Road (Route 656) and any proposed access streets. 2. A signalization agreement shall be executed with VDOT. MopptAa Contribution to Offset the 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 50.53 acre property lying along the east side of Greenwood Road (Route 656) between Senseny Road (Route 657) and Valley Mill Road (Route 659) in the Stonewall Magisterial District of Frederick County, Virginia from Rural Area (RA) Zoning District to Residential Performance (RP) Zoning District, the undersigned shall pay to Frederick County $4,148.00 for schools and parks and recreation at the time a building permit is applied for and issued for each approved lot. $10,000 for Greenwood Fire and Rescue Company shall be paid to Frederick County by the owner at the time the first section of the rezoned property is approved for recordation and shall be forwarded as soon as possible by the County to Greenwood Fire and Rescue Company. REZONING REQUEST PROFFER Property Identification Numbers 55 -((A)) -184B & 184C Red Bud Magisterial District BRIARWOOD Page 3 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 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, PropertyOwner, By: Applicant: STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To Wit: Dater Date: Date: The foregoing instrument was acknowledged before me this /0 day of SEI)±Cm , 2001, by My Commission expires, 4n ri l 302003 Notary Public�--li n a C-r-Iju� r+:.. - — - ( PHASE III 1., PHASE N 27 L s :� 3 L ts'' -- _ , PHASEII c 25 o s —� - o �t o cr c_ . !xi FARMINGTON BLVD PHASING NOTE: t:•','_,, :: Addendum "q" }2-13-97 r Briorwood Estates Master Development Plans y. J j - 50.53 Acres are requested to be zoned to RP. - Combining the areas for Master Planning purposes r� (90.64 Acres) shall yield 230 home lots. _ _ it1i tt � ,v-- _ __ + �• r•,.�:: cat ':t. ' _ _ �.. ._ � — - No more than 87 will be built prior to the beginning of the Greenwood Road reconstruction PHASE jproject (20 LOTS UNDER . No more than 122 will be built during the CONSTRUCTION) reconstruction of Greenwood Road. FU P SES::TO $E .DEVI= t' IN ED 0 TION WITH :GREEN Q p _ IMP 0 M TSE -NSTRU TI 50.53 ACR 0 R REQUESTED 0 RP ZONING.` 40.11 ACRE (ZG i RP), MASTER PL FOR 87 S.F. LO 77 ;;. PHASE V( \ 21 Lots FARMINGTON BLVD PHASING NOTE: - In 1993, Briarwood Estates master Plan was r approved for 87 Homes on 40.11 Acres Zoned RP. y. J j - 50.53 Acres are requested to be zoned to RP. - Combining the areas for Master Planning purposes (90.64 Acres) shall yield 230 home lots. d - No more than 87 will be built prior to the beginning of the Greenwood Road reconstruction PHASE jproject (20 LOTS UNDER . No more than 122 will be built during the CONSTRUCTION) reconstruction of Greenwood Road. 7d0TE: Number of lots may vary in each phase due to final engineering, site PROIEC pl{Actur, constraints and master planning. t - 20 Lots (under Construction) It - 25 III - 21 IV - 35 V _a 122 Future - 1U (with Greenwood Road Imp. Project) 230 Total Lott 610.1 ...tueora & t ...yer bt B URJVVOB SSTd7bS s.a .. PROOF URr YAMIM PUN • i • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 � FAX: 540/665-6395 it A.:J iQD XITL lU l i ■ L N TO: Frederick County Planning Commission FROM: Rebecca Ragsdale, Planner I RE: Request of Waiver to Driveway Spacing Requirements at the Trex Center DATE: September 21, 2001 Attached is a letter from Ronald A. Mislowsky of Gilbert W. Clifford & Associates, Inc. requesting a waiver of the minimum spacing requirement between new driveways as required by the Frederick County Zoning Ordinance. Section 165-29 B (1) of the Zoning Ordinance provides the Planning Commission with authority to reduce minimum entrance spacing requirements. Mr. Mislowsky presents this request on behalf of the Bank of Clarke County which proposes a new branch. The proposed bank would be located at the Trex Center along U. S. Route 522/ North Frederick Pike. The bank property is located in the Stonewall Magisterial District and is identified with Property Identification Number (PIN) 42 -A - 198J. The new driveway would have a common entrance shared by the adjoining property, identified by PIN 42 -A -198G. A convenience store is proposed for that property, however, no site plan has been submitted to date. A section of the site plan for the proposed Bank of Clarke County has been provided to illustrate the desired location of the shared entrance. There is a distance of 188 feet between Exeter Drive and the proposed shared entrance. The distance between the existing Fox Drive entrance and the proposed shared entrance is 250.5 feet which is sufficient. Section 165-29 A (4) of the Zoning Ordinance requires a minimum spacing between new driveways or entrances onto primary and arterial highways. Minimum required spacing is based on the posted speed limit of the primary or arterial highway. As applicable to this site, posted speed limits of 35 mph or more require a spacing of at least 200 feet. The Virginia Department of Transportation (VDOT) has reviewed the proposed site plan and approves of the shared entrance and its location. Staff requests that the Planning Commission consider this waiver for final disposition. Should the Planning Commission feel that this request is appropriate, a motion to approve the waiver is in order. RAR/rsa Attachments FILE: 0:1AgendaslCONIlVIENTSNWaivers\BankofClarkCounty. wpd 107 North Kent Street • Winchester, Virginia 22601-5000 gilbert w. clifforcd & associates, inc INCORPORATED 1972 Engineers - Land Planners - Water Quality August 28, 2001 Rebecca Ragsdale Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Bank of Clarke County Dear Rebecca, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislows4, P.E_ David J. Saunders, P.E. Directors: William L. Wright Michael A. Hammer Thomas W. Price I have enclosed two sets of plans for the Bank of CIarke County. Your comments regarding employee parking and the drive thru access have been addressed. I understand that Mr. Ty Lawson with Trex Center is working with Evan to determine if a Master Development Plan revision is in deed required for the access drive from Exeter to Stine. Concerning the common entrance, we would like to request a waiver to the County's 200 foot spacing requirement. The proposed entrance will be shared and is a right-in/right-out access. Our plan provides 188 foot spacing south to Exeter and 250 feet north to Stine. VDOT has no objection to the placement as shown. lease let me know if you have any questions or further comments. Regards, gilbert w. clifford & associates, inc. auv,41�� onald A Mislowsky, P.E., VP cc: John Milleson Ty Lawson djFCE 1\1 SEPT. OF PIAN�111du;G'c' 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcliff@mnsiac.com Member American Consulting Engineers Council m Ln (D (o In 6 0 In M FQ L a 4 - HARRY K. BEWAM USE-MARATMW BANK EXLSTNG EW Aft EAMART & SONS, INC 41� USEUSED CAR LOT S.B.L. U. S. ROUTE 522 — NORTH FREDERICK PIKE U. S. ROUTE 522 — NORTH FREOERICX PIKE (VARlAaLE WIDTH R/w) FUTURE HANDL MART SITE Bpt- PROPOSED SHARED ENTRANCE WRANCE eel ciz- 9/11/01 ✓ 1 in, = 50 ft. COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY 14031 OLD VALLEY PIKE CHARLES D. NOTTINGHAM EDINBURG, VA 22824 COMMISSIONER September 6, 2001 Mr. Ronald A. Mislowsky, P.E., V.P. C/O G. W. Clifford & Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Ref: Bank of Clarke County Trex Center Route 522, Maple Street Frederick County Dear Ron: JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX(540)984-5607 We have received your revised site plan dated August 22, 2001 for the referenced project. It appears all of our earlier review comments have been satisfactorily addressed. Please advise the owner of our approval. Also please provide seven (7) sets of approved construction plans with signed seal for VDOT distribution. A preconstruction conference should be held by the engineer and/or developer with the attendance of the contractor, various county agencies and VDOT prior to initiation of work. The appropriate land use permit may now be applied for to cover work within the Route 522 right-of-way. The permit is issued by this office and will require a minimum processing fee, surety bond coverage, and the salary & expenses of a State assigned Inspector. A copy of any/all recorded plats of dedication for drainage easements or additionai right-of-way required for implementation of this proposed project should be provided to VDOT prior to issuance of any land use permits. Dedication should be made to the Commonwealth of Virginia. Once satisfactory application has been made, a permit will normally take approximately thirty days to process and issue. Should you have any questions, do not hesitate to call. Sincerely, Barry J. Sweitzer, Trans. Roadway Engine For: Steven A. Melnikoff, Transportation Engineer r(EGEIVED BJS/rf Enclosure xc: Mr. Dave Heironimus Mr. Evan Wyatt WE KEEP VIRGINIA MOVING SEP 1 0 2001 -01OF PLANNINGIDEUELGPMEW Request for Site -Plan Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, VA 22824-0278 (540) 984-5600 Hand deliver to: Virginia Department of Tra.nsinortat,10 n 2275 Northwestern Pike Winchester, VA 22603 (540) 535-1818 Please fill out the information as accurately as possible in order to assist ent of Transportation with their review. Please attach five (5) copies of the s " u'neration data and drainage calculations with this sheet. '""'' ' Applicant's Name: ' Address: Gilbert W. Clifford & c/o Ronald A. 117 E. Piccadilly Street Winchester, VA 22601 Phone Number: (540)667-2139 Inc. JUL ► 9 Luv Name of development and/or description of the request: Bank of Clarke County Location of property: Corner of US Route 522 and Exeter Drive (Trex Center V1 appDieepaf3on-yor siterofothxs Propert3'taPPe I= fAcillt!v 4hich wild pruvids accass to the property, M any work is perfa�u� an e+e State's sight --of wav, a Land use permit will need to be aMl i pd f= Anri i cgjj mj t .n �all� rtnr i i4�c a