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PC 07-05-00 Meeting AgendaAGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia JULY 5, 2000 7:00 P.M. CALL TO ORDER TAB 1) Committee Reports ............................................... (no tab) 2) Citizen Comments.................................................(no tab) PUBLIC HEARING 3) Conditional Use Permit #10-00 for Storage Solutions, submitted by Triad Engineering, Inc., for an off -premise business sign. The sign will be located at the intersection of Tasker Road (Rt. 642) and Rainville Road in the Eastgate Commerce Center. This property is identified with Property Identification Number 76-A-53 in the Shawnee Magisterial District. (Ms.Lohr)........................................................... A 4) Rezoning 903-00 of Old Gore School to rezone 1.215 acres of a 3.292 -acre tract from B2 (Business General) to RA (Rural Areas). This property is located at 251 Gore Road is identified with Property Identification Number 28-A-52 in the Back Creek Magisterial District. (Mr. Wyatt).......................................................... B PUBLIC MEETING 5) Master Development Plan #04-00 of Trex Industrial Park, submitted by Greenway Engineering, for the development of 65.31 acres for manufacturing purposes. This property is located on the south side of Shawnee Drive (Route 652), 0.35 miles east of Valley Pike (Route 11 South) and is identified with Property Identification Numbers 63-A- 110, 110A and 1 10C inthe Back Creek Magisterial District, and 371-1-1 which is located within the City of Winchester (Mr. Wyatt).........................................................0 2 6) Subdivision #08-00 of Space, L.L.C., to create two lots from a 9.67 -acre tract of land. This property is located in the vicinity of N. Frederick Pike (Route 522) and Route 37 and is identified with Property Identification Number 42 -A -198J in the Stonewall Magisterial District. (Mr. Ruddy)......................................................... D 7) Request for an Exception to the Requirements of Section 144-31.C(3) of the Subdivision Ordinance for the Unger Farm Subdivision. The properly is located on Old Bethel Church Road, approximately one mile south of 522N and is identified with Property Identification Number 41-A-98 in the Stonewall Magisterial District. (Mr. Ruddy).........................................................E 8) Other PC REVIEW: 07/05/00 BOS REVIEW: 08/09/00 CONDITIONAL USE PERMIT #10-00 STORAGE SOLUTIONS (Off -premise Business Sign) LOCATION: The sign will be located at the intersection of Tasker Road (Rt. 642) and Rainville Road at the Eastgate Commerce Center. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 76-A-53 PROPERTY ZONING & PRESENT USE: Zoned B2 (General Business) District; Land Use: Commercial ADJOINING PROPERTY ZONING & USE: Zoned B3 (Industrial Transition), M1 (Light Industrial), and RA (Rural Areas) District; Land Use: Commercial, Residential and Vacant PROPOSED USE: Off -premise Business Sign REVIEW EVALUATIONS: Virginia Dept. of Transportation: In accordance with the laws of the Commonwealth of Virginia, no private advertisement sign can be placed on the state's right-of-way. Prior to erection on private property, a permit may have to be applied for through our District Office in Staunton. You may do so by contacting Mr. Larry Curry at (540) 332-9098. Inspections Department: Structure shall comply with the Virginia Uniform Statewide Building Code and Use Group U (Utility) of The BOCA National Building Code/ 1996. Plans may require A/E seal at the time of permit application. Fire Marshal: Adequate clearance of existing fire hydrants. Plan approval is recommended. Sanitation Authority: No comment. Storage Solutions CUP #10-00 Page 2 June 23, 2000 Planning and Zoning: The Frederick County Zoning Ordinance specifies that signs which advertise a business that is not located on the premises shall be allowed only as a conditional use. An off -premise business sign is, therefore, permitted in the B2 Zoning District with an approved conditional use permit. Storage Solutions first built a sign at the corner of Route 522 and Tasker Road. This sign was erected without the necessary sign permit and zoning approval. As a result, the sign was constructed in the VDOT right-of-way and had to be removed. The applicant relocated the sign to its current location at the intersection of Tasker Road (Route 642) and Rainville Road. Once again, the sign was erected without the necessary permit. Staff discovered the sign during a site inspection of the Storage Solutions facility which is located at 437 Rainville Road. Staff instructed Storage Solutions of the need for a conditional use permit for the off - premise sign. The existing sign is approximately 75 square feet in area. The Planning Commission may be familiar with recent CUP applications for Dousa Miniature Golf and Milam's Landscaping. Both CUP's had conditions which limited the size of on -premise signs to 50 -square feet. With that in mind, it may be appropriate to consider limiting the size and scale of this particular sign as well. Finally, the sign must be located no closer than 10 feet to either road right-of-way. A site inspection of the property indicated that the sign is indeed more than 10 feet from the right- of-ways and could potentially remain at its current location. STAFF CONCLUSIONS FOR THE 07-05-00 PLANNING COMMISSION MEETING: Should the Planning Commission choose to approve this CUP, staff feels that the following conditions are warranted: All review agency comments must be complied with at all times. 2. A sign permit must be obtained from the Building Inspections Department for the off -premise sign. 3. Should the business cease to operate at the location advertised by the sign, the off -premise sign must be removed within thirty (30) days. O:\Agenda \COMMENTS\CUP's\2000\StorageSolutions.CUP.wpd Submittal Deadline P/C Meeting BOS M t DEPT, OF FLNwivr,, :- LL -',TENT ee ing APPLICATION FOR CONDITIONAL USE PERMIT FREDERICK COUNTY, ��IRGIi�iia CUP 110-00 1. Applicant (The applicant if the owner X other) NAME: TRIAD ENGINEERING, INC. STEPHEN M. GYURISIN ADDRESS: 200 Aviation Drive, P. 0. Box 2397, Winchester, VA 22604 TELEPHONE 540-667-9300 2. Please list all owners, occupants, or parties in interest of the property: Wright's Run, LP - Mr. Allan Hudson Storage Solutions (White Properties) - Mr. M. Willis White 3. The property is located at: (please give exact directions and include the route number of your road or street) The sign will be located at the intersection of Tasker (642) and Rainville Roads on the southeast corner. 4. The property has depth of 1000± (Please be exact) a road frontage of 1000-1 feet and a feet and consists of 176.03 acres. 5. The property is owned by Wright's Run, LP as evidenced by deed from R. J. and Mary M-. _Turner recorded (previous owner) in deed book no. 719 on page 642 , as recorded in the records of the Clerk of the Circuit Court, County of Frederick. N 14 -Digit Property Identification No. Magisterial District Shawnee Current Zoning B-2 7. Adjoining Property: 76-A-53 ZONING B-2 B-2 USE North Vacant East Vacant South Vacant Commercla West Vacant 76-A-53 ZONING B-2 B-2 8. The type of use proposed is (consult with the Planning Dept. before completing) Sign to identify Storage Solutions business located on Rainville Road at the Eastgate Commerce Center. 9. It is proposed that the following buildings will be constructed:- None 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides, and rear and in front of (across street from) the property where the requested use will be conducted. (Continue on back if necessary.) These people will be notified by mail of this application: NAME Jeni Company ADDRESS PROPERTY ID# 76 -A -48A Post Office Box 2598 Winchester, VA 22604 NAME Clifton R. Strosnider ADDRESS 173 Armel Road PROPERTY ID# 76 -A -51C Winchester, VA 22602 NAME Douglas R. Fletcher ADDRESS 301 Vine Lane PROPERTY ID# 76 -A -51B Winchester, VA 22602 NAME Earl E. Estate & Anna B. ADDRESS 2776 Front Royal Pike PROPERTY ID# 76-A-52 Winchester, VA 22602 NAME Wrights Run, LP ADDRESS 2800 Shirlington Road Suite 803 PROPERTY ID# 76-A-53 Arlington, VA 22206 NAME Donald D. Rainville PROPERTY ID# 76 -A -53A ADDRESS Post Office Drawer X Woodbridge, VA 22194 NAME Heritage Place, LC ADDRESS 141 Marcel Drive PROPERTY ID# 76 -A -53D Winchester, VA 22602 NAME Wrights Run Limited Partnership ADDRESS 2800 Shirlington Road Suite 803 PROPERTY ID# 87-A-35, 87-A-36, & 87-A-37 Arlington, VA 22206 NAME Helen Riley Lesko ADDRESS 2982 Front Royal Pike PROPERTY ID# 87-A-31 & 87-A-32 Winchester, VA 22602 NAME Francis K. & Eleanor M. Bascue ADDRESS 319 Wrights Run Lane PROPERTY ID# 87-4-9 White Post, VA 22663 NAME Vincent F. & Juanita V. Fertig ADDRESS 325 Wrights Run Lane PROPERTY ID# 87-4-10 White Post, VA 22663 NAME William G. & Joyce A. Tucker ADDRESS 353 Wrights Run Lane PROPERTY ID# 87-4-11 White Post, VA 22633 NAME George D. Schuelen, et al ADDRESS 7232 Hunton Street PROPERTY ID# 87-A-1 Warrenton, VA 20187 NAME John H. Sargent, Jr. & ADDRESS 255 White Oak Road Eliza t Sargent, Trustees PROPERTY ID# 76-A-42 White Post, VA 22663 NAME Richard E. Ritter, Sr. ADDRESS 141 Gemstone Lane PROPERTY ID# 76 -A -60A Winchestr, VA 22602 NAME Elizabeth A. Ritter King ADDRESS 2805 Front Royal Pike PROPERTY ID# 76 -A -60B Winchester, VA 22602 NAME Timber Ridze Ministries, Inc. ADDRESS Post Office Box 3438 PROPERTY ID# 76-A-54 Stephens City, VA 22655 NAME Beth Ladd c/o Beth Simpkins_ ADDRESS 4479 Conicville Road PROPERTY ID# 76-A-55 & 76-A-56 Mt. Jackson, VA 22842 NAME Orville Lee Comer ADDRESS 2903 Front Royal Pike PROPERTY ID# 76 -A -57A Winchester, VA 22602 NAME ADDRESS PROPERTY ID# NAME ADDRESS PROPERTY IDI Jun -07-00 02:47P RealTeCh 703-820-2504 P_03 12. Additional comments, if any: Fin i " 1 / ,1 / I {we) the ,,ndcrcigncd do her --b.. rczpc=t-fuIIy ma3ce appl:Catz'C'ii a*tri not i t i nn the ryn7t►OTT 7 TA b, ...a .. f ='.-.+.i. `r1.nY�wa e.yr : ., _ r7 ow the 11AP hArl lr± t -h i g a«1 i rat i n.±_ T ,�,-�.in+- }�,,,a th't ♦ "'- sic(n issued to RIP when thio arVI ir-aNtinr is at the front propPrtV l 1 nP at i Past GPvAn (71 first public hearing and maintained Rn AS to hon vi nible until af*ia; the Board of Supervisors' public hearing_. Your annlirtin .Tnfnr a Conditional Use Permit authorizes any member ofI the Frederick County Planninq Commission, Board of Supervisors or Planning and Development Department to inspect your property where the proposed use will be conducted. Signature of Applicant TEPHEN M GYLWSIN signature of owner - 9�� Property ALLAN HEWON owners; Hailing Address d H/KL//�..lL//r rUN /'�1Jrt'L rYtJ//tom bd� i Signature of Business Owner - AWrebu a ?eiep cine b umber : J9 �j . J�!/�i�.i0� + Vr - !�/�N� �I�S+�t�+Cyi'►` ter, nr nnvo�. v� nv nnvT`�.r : 6Zv - ("if[ i — I I., V USE CQOE' RENEWAL DAME: ')VJ i M T:41 tab ' PT ALM?-!.R-Hn r _ � �� � v • SOI �'� � � 4' - f �rS,�.�•.�!I OI OIC S dI `� � <_ ► I�.SOS�'> o;✓.,� o.;.��OI Sjs'I �'SOIOi �' OI OI O� O> `•• •>I OI CIS EARS �`,���,. OI�.SOI�.> OI�.S SI�.S O✓�.S,OI�.S OISSO�� � �� •,��`• f I �'I OI �'I Wil' OI OI •A �. ` ` Lynne Annommas r;;f iiiiiie iiiiiiiiil I/ , riiiiiiiri Ciiii.. �i UPS=� Mar -30-00 10:27A RealTech,LLC 1 011da�.i+1s at�� xa ri,' M i +� t3� ,�nt y i t. �.. 30 March 2000 Mr. Willis White White Properties 603 S_ Loudon Street Winchester, Virginia 22601 703-820-2504 P_02 Re: Conditional Use Permit, Off -Site Sign—Storage Solutions Dear Willis: As you know, I am prepared to agree to a Conditional Use Permit for the placement of a Storage Solution sign at the interchange of Rt. 642 and Rainville Road per your request, provided that in the future, the sign will be removed within 30 days from our property upon my request. Therefore, please sign below and send back to me, so I can ratify the application. Sincerely, W6...ou n Allan Hudson General Partner Wright's Run L.P. Read and Approved M. Willis White Storage Solutions White Properties Cc: Thomas Moore Lawson, Esq. Steve Gyurisin EASTGATE PROPERTIES Eastgate Office & Technological Center • Eastgate Commerce Center • louan Global Center • Eastgate Industrial Park 2800 Shirlington Road • Suite 803 • Arlington, VA 22206 • Ph: 703.820.2500 • Fax: 703.820.2504 www.Eastgate-Properties.com Par I of 2 tw, file: //A:\WC-042L.JPG 6/7/00 PC REVIEW DATE: 07/05/00 BOS REVIEW DATE: 08/09/00 REZONING APPLICATION #03-00 OLD GORE SCHOOL To Rezone 1.251 Acres of a 3.29 -acre Tract from B2 (Business General) to RA (Rural Areas) LOCATION: This property is located at 251 Gore Road (Rt. 751). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 28-A-5 PROPERTY ZONING AND PRESENT USE: Zoned: B2 (Business General) District Land Use: Vacant ADJOINING PROPERTY ZONING AND PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential; Vacant South: Zoned RA (Rural Areas) District Use: Residential East: Zoned RA (Rural Areas) District Use: Vacant West: Zoned RA (Rural Areas) District Use: Residential; Vacant PROPOSED USE: School REVIEW EVALUATIONS: Fire Marshal: Plan approval recommended. No additional comments. Health Department: The rezoning application packet indicates that the existing facility will be used as a school if rezoning is approved; however, the proposed number of students and/or faculty is not addressed. The original drainfield area for this facility was installed in 1949 and this office issued a repair permit in 1975. Records on file with this office also indicate that the facility has Old Gore School REZ #03-00 Page 2 June 22, 2000 been closed since 1993. This office reserves the right to make comments and evaluate the existing sewage disposal system against any future use of this facility to determine if the existing sewage disposal system is adequate to handle the anticipated waste load. Additionally, if this facility is used as a school, then the facility will also be required to comply with the Restaurant Regulations and the Virginia Waterworks Regulations. Coln Attorney: Proffers appear to be in proper form. Planning & Zoning: 1) Site History The original Zoning Map .for Frederick County (U.S.G.S. Gore Quadrangle) delineated this site as being zoned A-1 (Agricultural Limited) District. This zoning designated was reclassified to RA (Rural Areas) District on February 14, 1990 when the comprehensive revision to the Zoning Ordinance was adopted by the Board of Supervisors. On December 9, 1998, the Board of Supervisors approved Rezoning Application #017-98 which established a B2 (Business General) District designation for the entire parcel. The rezoning was approved with a proffer statement which currently limits the use of this property to self-service storage facilities. 2) Location The 3.29 -acre site is located on the south side of Gore Road (Rt. 75 1) which is the site of the Gore Elementary School on old Route 50 West. This property is located outside of the County's Urban Development Area (UDA) and the Sewer and Water Service Area (S WSA), and is located within the Gore Rural Community Center. The Comprehensive Policy Plan states that land use within the Gore Rural Community Center should include commercial and increased residential densities that are developed in character with the existing rural area. 3) Site Suitability The 3.29 -acre site does not contain environmental features or historic resource areas. An intermittent stream beginning on the north side of Northwestern Pike traverses the eastern boundary of this property which drains into Back Creek. The 1.251 -acre portion of the 3.29 -acre site that is proposed to be rezoned is situated along the northwestern boundary, away from the intermittent stream. Old Gore School REZ #03-00 Page 3 J un 22, 2000 4) Potential Impacts Adjoining Properties: Reestablishing the Gore Elementary facility as an active school facility may have an impact on adjoining properties that are currently used for residential purposes. These impacts would involve increased traffic in and out of this site, security lighting, and hours of operation. 5) Proffer Statement The applicant has submitted a proffer statement that has been signed, notarized and reviewed by the County Attorney. The applicant has developed a proffer statement which accounts for the 1.251 -acre portion of the 3.29 -acre site that is proposed to be rezoned RA (Rural Areas) District, and the 2.077 -acre portion of the 3.29 -acre site that is intended to remain B2 (Business General) District. The applicant has proffered to limit the use of the 1.251 -acre portion that is proposed to be rezoned RA (Rural Areas) District to schools only; to not develop new entrances on Gore Road (Route 751); to utilize motion sensor lighting fixtures in -lieu of continuous lighting fixtures; and to limit the hours of operation on the 1.251 -acre portion of the 3.29 -acre site from 6:00 a.m. to 9:00 p.m. The applicant has maintained the proffers that were approved as a component of Rezoning Application #017-98 for the balance of the property that is proposed to remain B2 (Business General) District. STAFF CONCLUSIONS FOR 07/05/00 PLANNING COMMISSION MEETING: A land use plan has not been created for the Gore Rural Community Center; however, the proposed rezoning request would reestablish the original zoning on a portion of this site. The applicant has proffered out all potential uses permitted in the RA (Rural Areas) District except for schools which was the original use of this site. The applicant should provide additional information regarding the location and type of motion sensor lighting fixtures and anticipated peak traffic volumes during hours of operation to ensure that all potential impacts are realized during the decision-making process for this application. O:\Agendas\COMMENTS\REZONING\Staff Report\0ldGoreSchoo1.REZ.wpd 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: M.'1'�,rzn_( Telephone: Address.- 2. ddress: 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Telephone: Name: Telephone: 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees r' Deed to property ,/ Impact Analysis Statement Verification of taxes paid ;/ Proffer Statement 11 �kUf�L�U�g DEPT, OF PL( NIP!C,'DEV":LOPfilE! �IT 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: �� �• �.' �� Jia r -Q B) Proposed Use of the Property: ZA 7. Adjoining Property: PARCEL ID NUMBER ,2�A SFA - -ti USE ZONING QiA 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): r -e__ 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 information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number o'27-`(1 -5co- Magisterial: c k C en - Fire Service: G"!n^e- Rescue Service: istri is High School: Middle School: el>, Elementary School:T-,cam ,4„_ 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested Total acrea a to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Office: Retail: Restaurant: Square Footage of Proposed Uses 13 Service Station: Manufacturing: Warehouse: Other:, t 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) understandthat 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: S Q� Date: Owner(s): Date: 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 properly 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 Property Identification Number Address Name_�.0 (��.�s yt oVv 9, r r' Property# `�- -� Name �3d ,o�� Goy ti� _ 3 ,; Pro e # A -A6 r-4 Name �iG���n�� : j�`i."�ic� �, + �� a o��:� �r r (� ��„ V a X37 Pro e # a�`�'-/� �� I Name DCJnO'--� , J i {l J o� ��. 4 F� �� P<,� IA— Pro e # Name Name ll.�G3 Name l.�l 1. ��"-.�: l E �� i ��� -. 3 7 Pro e #- %� ,� Name Property # Name Property # Name Property # Name Property # 15 PROFFER STATEMENT A PROPOSED REZONING FOR PARCEL ID - 28-A-52 FREDERICK COUNTY, VIRGINIA MAY 24, 2000 PREPARED BY: MICHAEL BRET MORGAN 712 PENNSYLVANIA AVENUE WINCHESTER, VIRGINIA 22601 (540) 665-9884 PROFFER STATEMENT PARCEL ID 28-A-52 INTRODUCTION The subject property consists of a total of 3.29 acres. The property is located on 251 Gore Road, Route 751, (old Route 50). The property is zoned B2 -limited. . The intended purpose is to downzone - 1.00 acre of the 3.29 - acre tract, which includes the old school building, to RA as the building had been for the last 75 years. 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 the Rezoning Application for the rezoning of 1.00 acre of the 3.29 - acre tract 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 FOR THE 1.00 ACRE TO BE REZONED TO RA, RURAL AREAS DISTRICT 1. Applicant proffers to restrict permitted use on this property to schools only. 2. Applicant proffers to not construct any new entrances or exits to property off of Route 751. 3. Applicant proffers to utilize motion sensor lighting to mitigate continual outdoor lighting impacts to adjoining properties. 4. Applicant proffers to limit hours of operation from 6:00 a.m. — 9:00 p.m. daily and will incorporate these hours into lease agreement. PROFFERS FOR THE 2.29 ACRES THAT WILL REMAIN B2, BUSINESS GENERAL DISTIOCT 1. Applicant proffers to restrict permitted use on this property to self -storage facilities only. 2. Applicant proffers to not construct any new entrances or exits to property off of Route 751. 3. Applicant proffers to maintain existing park for neighborhood use until such time as additional storage facilities might be needed. PROFFER STATEMENT PARCEL ID 28-A-52 4. Applicant proffers to utilize motion sensor lighting to mitigate continual outdoor lighting impacts to adjoining properties. 5. Applicant proffers to limit hours of operation, from 6:00 a.m. —11:00 p.m. daily and will incorporate these hours into lease agreement. 6. Applicant proffers to limit outdoor storage to recreational vehicles and boats. MONETARY CONTRIBUTION TO FREDERICK COUNTY SERVICE ORGANIZATIONS The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of $.02 (two cents) per square foot of the existing 12,000 square foot building for impacts to fire and rescue services. The sum will be paid when the change of zoning is approved by the Board of Supervisors. The owner will also pay $.02 (two cents) per square foot for any additional storage facilities built in the future. 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 grants 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. Submitted By: Michael Bret Morgan Date: 6/0 /cab STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this Al� day of Jur) e , 2000 by Michael Bret Morgan. My c mmission e ires on 3 Q It �fw /� Notary Pu 1C. "ACT ANALYSIS STATEMENT GORE SCHOOL REZONING A. Suitability of the Site: 100 year flood plains: The FEMA Flood Insurance Map — Community Panel #510063- 0100-B indicates that the flood plain associated with Back Creek is located on the south side of the railroad tracks which is not on the 1 acre tract. The 1 acre tract does not contain areas of wetlands, steep slopes, mature woodlands, prime agricultural soils, or soil conditions, which would create construction difficulties or hazards. B. Surrounding Properties: A copy of the plat for this property is attached. I own the land (2.29 acres) on the East Side of the property I'm asking to rezone. Winchester and Western Railroad owns the adjoining land on the South Side of my property with the railroad tracks adjacent to the back of my property line. Route 751 lies in front of my property on the North Side with one house facing my property. On the East Side of my property, past the school and the driveway, is one house facing the school. It is approximately 400 $. from my driveway. There should be a very minimal impact on surrounding properties with just an occasional vehicle unloading or loading. The driveway circles around the school with plenty of room for parking and maneuvering. Hours of operation and lighting should have little or no impact. C. Traffic: There are already two entrances to this property and no more will be added or needed. This is part of my proffer statement. Most days would be very minimal with just 1 -2 vehicles. I do not believe there are any peak vehicle trip hours associated with this use. D. Sewage Conveyance and Treatment: There is no public sewer system in the vicinity of this 1 acre tract. There are several drainfields. E. Water Supply: There is well water available on this property. F. Drainage: There is a drainage area located along the eastern property line that drains into Back Creek; however, there will be no impact on this from my proposed operation. G. Solid Waste Disposal Facilities: There will be no dumpster areas or other refuge facilities proposed for this project; therefore, no impacts for solid waste disposal are anticipated. H. Historic Sites and Structures: According to the Frederick County Rural Landmarks Survey, the Gore School and other structures in this area are not listed as structures of potential historic significance. I. Impact on Community Facilities: There should be very minimal impact. The only facilities that could be affected are the Sheriff's Department in case of a break-in and the Fire Department in case of fire. This property is less than a quarter of a mile from the Gore Fire Department. J. Other Impacts: None. q RG r VA o � CS Q0� A DgB�$ �S �� S��LD& � yam' � oo. �� ,� fit °all4c „V'J �S004r r v. j SAN° 4q�SQV�I - N07FS: 0 't7ri is sk efd, prepared -Pram 14 rvrngvOa of re cad 1� -f' c Freder"ck cowr�y GrcL W Gaud Clerk'p O14;c-e Qn d -Frog, 'FSelo not.E, a kw recoral plot Aivj Pulol 81387 and of record m D. W2 - P 86. Conveyed -to M, Bret Merpan Dec,'?, 076 rn 9,5, 87e-A1r36, Al z, yield work lia.s been jo e a.:f M!s � i m[[e, /.215'yv c Lal ec*", A %. 2,077# to rCA'a1n e� SKETCH -MohgS g smoav elq WIND&R Covgr W W C-;1 5rFR! 53S—h(ry M ��s'fERN KIR 0 ❑r LTH O� jr TH M A. S.H0 EY (LIGENS o. No suRv� .. FOP FRofoStA Ar? D1vlNG for BR FT MORORN TRX PflRCEL NO, 29 -fl --52. BACK CRE- K PM: � F9 5Q0,Ckr '-q.) V1RG-1N1R Scale P=' 100, M4y 23, z 0 00 • SPIN% 1 of 3 1000 P /p0 eK T 4 Z Pam oJ?~ 3p k `alp • 11 11 �w X60 B W�• 3.5 3 4 AC. Z i7 W N 60.3T' 18" E — 164.46' • 34.09 as 5 i ' 1l J\II I/1 H g N W 3.292 AC. w N 0 O W ti ti U •u� _ 1r 3 412 ati�Ss 3 Z o W m� o in I.- -ab us m a' Q3 OS cr — • 11 11 �w X60 B W�• 3.5 3 4 AC. Z i7 W N 60.3T' 18" E — 164.46' • 34.09 as 5 i ' 1l J\II I/1 H g N W 3.292 AC. w N 0 O W ti ti U 00� _ 1r 3 �RIcs ati�Ss 3 Z o W �m o in I.- -ab W Q3 4 S 'r a N 2a• 08 8p00 -0104 AC.-- 81.95 I ,1' •52• t2 w — qcp ARC 63.91--� sr rs T0 , , SARR 45" W — 88.78• WIl..l.'. t s0e WILLIAM 5�rx--. s �11 W U Z 3 �RIcs SC" su=wD o �m 4 S 'r a N 2a• 08 8p00 -0104 AC.-- 81.95 I ,1' •52• t2 w — qcp ARC 63.91--� sr rs T0 , , SARR 45" W — 88.78• WIl..l.'. t s0e WILLIAM 5�rx--. s �11 PC REVIEW DATE: 07-05-00 BOS REVIEW DATE: 07-12-00 MASTER DEVELOPMENT PLAN #04-00 TREX INDUSTRIAL PARK LOCATION: The property is located on the south side of Shawnee Drive (Route 652), 0.35 miles east of Valley Pike (Route 11 South). MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBER: 63-A-110, 110A and 110C 371-1-1 (City of Winchester) PROPERTY ZONING & PRESENT USE: Zoned: M2 (Industrial General) District Land Use: Industrial and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: B2 (Business General) District Use: Dodson Pest Control M1 (Light Industrial) District Youth Development Center M2 (Industrial General) District Vacant South - Zoned: M2 (Industrial General) District Use: H.P. Hood; Vacant East - Zoned: M2 (Industrial General) District Use: Vacant Ml (Limited Industrial) District (City) American Woodmark Corporation West - Zoned: B2 (Business General) District Use: Frye's Mobile Home Sales 133, Industrial Transition District Frye's Mobile Home Sales M2 (Industrial General) District Vacant PROPOSED USE: Industrial REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed this request and offer the following: Capitol Lane is presently not in the State Secondary System and can remain a private roadway should that be the owner's desire. Maintaining Capitol Lane as a private roadway may impact Trex Industrial Park MDP #04-00 Page 2 June 9, 2000 future attempts to comply with the Winchester Area Transportation Study (WATS) Year 2020 Long -Range Roadway Improvement Plan. Absent these concerns, VDOT has no objection to this master plan revision. Fire Marshal: Additional fire hydrants will be addressed during site plan submittal; plan approval is recommended. Citi of Winchester: Planning and Zoning: O.K., as long as WATS revision acceptable. Public Utilities: O.K.; would like to have plan of proposed utilities needed to serve future expansions, size, location, proposed usage, etc. Plannine and Zoning: Site History The original Zoning Map for Frederick County (U.S.G.S. Winchester Quadrangle) depicts the properties within the master planned acreage as being zoned M2 (Industrial General) District. This map was established following the adoption ofthe initial Zoning Ordinance for Frederick County on March 13, 1967. Three structures have been developed within the master planned acreage over time. These structures include the Henkel Harris facility, the Trex facility (formerly Capital Records), and the Trex Research and Development facility. Subsequent to the development of these facilities, the property owner submitted a formal master plan for approximately 65 acres within three parcels. Frederick County provided administrative approval of Master Development Plan #004-93 on August 11, 1993 for this acreage. Project Scope The applicant proposes to revise the master development plan to incorporate 65.31 acres within four tracts of land. Three of these tracts, totaling 56.68 acres are located within Frederick County, and one tract, totaling 8.63 acres is located within the City of Winchester. There is no phase plan proposed for this site, although a general development plan has been established which calls for improvements to four additional areas that are situated in Frederick County. The revised master development plan proposes to extend a rail spur from the CSX railroad along the southern portion of the master planned industrial park. Finally, the revised master development plan proposes to vacate Capitol Lane which has been dedicated to Frederick County for the eventual acceptance into the State Secondary Road System. Trex Industrial Park MDP #04-00 Page 3 June 9, 2000 Issues 1) Conformance to Winchester Area Transportation Study (WATS) The Winchester Area Transportation Study (WATS) calls for the development of a roadway on new alignment which links Shawnee Drive (Route 652) to Valley Pike (Route 11 South) at a signalized cross intersection with Apple Valley Road (Route 652). In order to accommodate this improvement, access through the vacant parcel owned by Flex -O -Glass and through the proposed Trex Industrial Park will need to occur. The revised master development plan does not provide a connection to the southwestern portion of the industrial park to accommodate this improvement. . 2) Capitol Lane Abandonment Frederick County required the Trex Company to provide state road access to the parcels in the southern portion of the master planned industrial park prior to further development. The Trex Company prepared engineered road construction plans that were approved by the Virginia Department of Transportation (VDOT); prepared the required plat which dedicated the right-of-way to Frederick County for future acceptance by VDOT; and constructed Capitol Lane to state standards. To date, Capitol Lane has not been turned over to VDOT for ownership and maintenance responsibilities. The revised master development plan proposes to vacate Capitol Lane to allow it to become a private road for the Trex Industrial Park. 3) Consolidation of Parcels Within Master Development Plan The revised master development plan depicts four parcels which comprise the 65.31 -acre Trex Industrial Park. These parcels will need to be consolidated if Capitol Lane is vacated to ensure that this acreage is served with state road frontage. 4) Connection To Adjoining Parcel The H.P. Hood parcel adjoins the proposed Trex Industrial Park along the southern boundary line. The approved H.P. Hood subdivision plan and site plan provides for a 60 -foot right-of- way from Valley Pike (Route 11) to the southern limits of the proposed Trex Industrial Park. The revised master development plan eliminates the connection to the H.P. Hood parcel which is indicated on the previously approved master development plan for this acreage. Trex Industrial Park MDP #04-00 Page 4 Ju11e 7, GVVV STAFF CONCLUSIONS FOR 07-05-00 PLANNING COMMISSION MEETING: The revised master development plan does not provide for access between Shawnee Drive and Valley Pike. This access could be accomplished by implementing the Winchester Area Transportation Study or through a future connection to the adjoining property to the south. If the Board of Supervisors approves the revised master development plan in this fashion, the County Attorney should determine the steps necessary to abandon the dedicated Capitol Lane right-of-way. Furthermore, a consolidation plat should be created and recorded prior to the administrative approval of this revised master development plan. O:\Agendas\COMMENTS\MDP's\TrexlndPuk.MDP. wpd Frederick County, Virginia Master Development Plan Application Package 2. APPLICATION MASTER DEVELOPMENT PLAN TREX Project Title A Owner's Name: T11�� CirhPP-11-Y L.L:. 3. Applicant Address: Phone Number: 4. Design Company: Address: Phone Number: Contact Name: (Please list the names of all owners or parties in interest) t4l L L. w�v jF�'rnE PrS- 1,--'P4r ;C -1,7,-,r, R -IVEr MAY 3 0 2000 Paye 11 DEPT, OF PLANNINGIDEVELOWEV: Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAIN 5. Location of Property: Sc,wr,+ SipE c .Srt-ft NEE DrttuF, N11LE5 s QST O* RsLkT';�- // 6. Total Acreage: i. Property Information: a) Property Identification Number (PIN): 63' A-110 I 114 H,110C .3-7 f -- f - I b) Current Zoning: IY10 c) Present Use: 6n,Ati(A7-eC7ue_9w%/UfCPitit' d) Proposed Uses: Mh1jur-,,tCrI.nfw1<: e) Adjoining Property Information: SCE t�-, TgcHeD Ll ST Property- Identification Numbers Property Uses North South East West fj Magisterial District: L �� 8. Is this an original or amended Master Development Plan:' Original _ Amended I have read the material included in this package and understand what is required by the Frederick County Department of Planning and Development. I also understand that the master development plan shall include all contiguous land under single or common ownership. All required material w7I1 be complete prior to the submission of my master development plan application. _ A / Signature: Date: NIAY =3 0 2000 DEPT. OF OP(v1EiVT Page 12 Adjoining Property Owners MASTER DEVELOPMENT PLAN Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 1st floor of the Frederick County Administration Building, 107 North Kent Street. Name Address Property # H.P. Hood 90 Everett Ave. # 200 Chelsea, MA, 02150-2337 63 -A -86A Flex -O -Glass, Inc. 1100 N. Cicero Ave. Chicago, IL, 60651 63-A-87 The Youth Development Center P.O. Box 3243 Winchester, VA 22604 63 -A -110B Dodson Bros. Exterminating Co. P.O. Box 3051 Winchester, VA 22604 63-A-112 Janet A. & Parker L. Hinman 3158 Shawnee Drive Winchester, VA 22602 63-A-113 American Woodmark Corp. P.O. Box 1980 Winchester, VA 22604 63-A-115 Flame Address Property # Page E. & William J. Smoot 3282 Shawnee Drive Winchester, VA 22602 63C-((1))-1 Frances L. & John C. Jr Russell 285 Caldwell Lane Winchester, VA 22602 63-A-116 Anna Lee & Carl Frye P.O. Box 2467 Winchester, VA 22604 63-A-89,92,93 George Lengyel 141 W. 13th Street Front Royal, VA 22630 63-A-91 H. C. Gabler, Inc. P.O. Box 220 Chambersburg, VA 17201 63-A-95,109 HENKEL HARRIS INDUSTRIAL PARK ADJOINING PROPERTY INFORMATION PROPERTY IDENTIFICATION NUMBER PROPERTY USE 63-A-109 VACANT 63-A-95 TRUCK TERMINAL 63-A-93 MOBILE HOME SALES 63-A-92 MOBILE HOME SALES 63-A-91 MOBILE HOME SALES 63-A-89 MOBILE HOME SALES EAST SIDE: 63-A 116 RESIDENTIAL 371-1-1(CITY) VACANT NORTH SIDE: 63-A-115 OFFICE 63-A-113 RESIDENTIAL 63-A-112 BUSINESS 63 -A -110B YOUTH CENTER 63C-((1))-1 RESIDENTIAL SOUTH SIDE: 63-A-87 VACANT 63 -A -86A UNDER CONSTRUCTION PC REVIEW: 07-05-00 BOS REVIEW: 07-12-00 Subdivision Application #08-00 SPACE, L.L.C. LOCATION: The property is located in the vicinity of the intersection of N. Frederick Pike (Route 522) and Route 37. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 42 -A -198G PROPERTY ZONING & PRESENT USE: B2 (Business General) District; Land Use: Vacant ADJOINING PROPERTY ZONING & USE: B2 (Business General) District; Land Use: Commercial, Church, and Route 37. SUBDIVISION SPECIFICS: Subdivision of a 9.67 -acre tract into two lots. REVIEW AGENCY COMMENTS: Department of Transportation: A VDOT review has been completed on the final plat dated 6/5/00 for the referenced project. The plat appears to reflect the information shown on the approved project plans and is approved. Sanitation Authority: Plan approval recommended; no additional comments. Fire Marshal: Plan approval recommended; no additional comments. County Engineer: The subdivision is approved as submitted. A drainage easement will be required on lot (P.I.N. 42 -A -198J) at the time of the site plan submission. Space, L.L.C. Subdivision Page 2 June 23, 2000 Planning and Zonins: Public Meeting Requirement The Subdivision Ordinance requires that land divisions in the B2 (Business General) Zoning District, without an approved master development plan, be presented to the Board of Supervisors for final approval (§ 144-12-B). The Master Development Plan (MDP) requirement may be waived at this time, and has been waived for this project, when a development proposal does not include provisions for proposed roads and/or regional stormwater management facilities. This project contains land zoned B2 and does not have an approved MDP; therefore, Board review and action is necessary. Staff Review This application, which proposes a two -lot commercial subdivision, has been reviewed by the Frederick County Sanitation Authority, the Department of Public Works, and the Virginia Department of Transportation. None ofthe agencies have an objectionto the proposed subdivision and have indicated their approval of the final subdivision plats. The 9.67 -acre parcel that is proposed to be subdivided has frontage on both Route 522 North (North Frederick Pike) and Route 37. There is no direct access to Route 37. Access to the two parcels within this subdivision would be provided via Route 522. An ingress/egress easement has been reserved between the two parcels to provide a means of shared access to what will be the Trex office complex. As presented, the subdivision satisfies the requirements of the Subdivision Ordinance. STAFF RECOMMENDATION FOR 07/05/00 PLANNING COMMISSION MEETING: Staff recommends approval of this two -lot subdivision. 0 \Agendas\COMMENTS\SUBDIVISION\TrexOffices.sub.wpd ■ • • • • #08-00 • 42-A- • • 17i�r • :rrr.• Hauer ■.ruurrcr Y • • �.rrrrrrr►r ►Urrrrrrl r,rruurn r:■�-unra roduced by •erick County Planning and Development, 06-21-2000 • r i 1 I ■ _ 0 els 41 Sunnyside Plaza o Circle . a�m302-320 ... © o '�� :: ��,►�����,���� ado o e► � ��A O : � _ ID r ■ • • • • #08-00 • 42-A- • • 17i�r • :rrr.• Hauer ■.ruurrcr Y • • �.rrrrrrr►r ►Urrrrrrl r,rruurn r:■�-unra roduced by •erick County Planning and Development, 06-21-2000 P.C. - 07-05-00 B.O.S. - 07-12-00 APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY VIRGINIA Date: 1,112,100 Application 0 -®o Fee Paid*.,I�s oA Applicant/Agent: ? , ,A-ycr- r ,���,�, P. U. C . Address: 3o z W; nc1Ae s!VA Z2co �j Phone: ( ZZl'J z - 579 2 Owners name: 5 ,� o ,� , G c. �. Address: 3c3 5. (-gJcoel S V. VN;�N'cke s r, V d z-ZU 0 Phone: C �5-4,3) --2.'4 2 - Please Please list names of all owners, principals and /or majority stockholders: �`'l�\Lc S;1ek, dice �r=T.�c•��viDeJ. L1e1-,.i�. Contact Person: S �11 C Phone : Name of Subdivision: Number of Lots Q,. Total Acreage 0,-j Property Location: 1�S 27 N. 174,.ek I' 1) o -f 12j. 37 ;A Pe-Ar,e-C r0 (Give State Rt.#, name, distance and direction from intersection) Magisterial District }pr.i Sao {I Property Identification Number (PIN)) y2 --A �s4S-'r ��� "l d�j J U! 8 .DEPT, OF PLMNI! tujL Lv�LurwlENT Property zoning and present use: 62--\/0- Lo wr a Adjoining property zoning and use- -bZ - ' ` 'c'g' kc,,,k Has a Master Development Plan been submitted for this project? Yes No_ If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the MDP title? Does the plat contain any changes from the approved MDP? Yes No If yes, specify what changes: Minimum Lot Size (smallest lot) Number and types of housing units in this development: Number t � Types 0 FREDERICK COUNTY FREDERICK COUNTY SUBDIVISION ADMINISTRATOR OWNER'S CERTIFICATE THE ABOVE AND FOREGOING FINAL PLAT OF SUBDIVISION OF THE LAND OF SPACE, LLC, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND /N ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNERS PROPRIETORS AND TRUSTEES; IF ANY. DATE STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS BY MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE / HEREBY CERTIFY THAT THE LAND CONTAINED /N THIS FINAL PLAT OF SUBDIVISION WAS CONVEYED TO SPACE, LLC BY DEED DATED 15 FEBRUARY 2000 AND RECORDED /N THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY IN DEED BOOK 958 AT PAGE 482. FINAL PLA T OF SUMWS/ON OF THE LAND OF SPACE; LLC DEED BOOK 958 PAGE 482 5701VEWALL MAGISTERIAL DISTRICT RMDER/CK COUNTY, VIRGINIA DATE' 6/5/2000 1 SCALE.- AS SHOWN SHEET 1 OF 3S4 sUgVl� Marsh & Legge Land Surveyors, P.L.C. 560NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ PHONE (540) 667-0466 — PAX (540) 667-0469 — EMAIL mlls®shentel.net DWG NAME: ID1662 CURB£ RAD/US ARC LENG7H at CV?D LENGTH CHl1RD BEARING Cf 200.00' 121.44' 119.58' S 1.x;38;37" E C2 180.00' 169.06' 162.92' S 04177'53" E � " E CMF N 7 z 0. IPF 3' C 539< E ��� COMMONWEALTH 0 I VIRGINIA PERMANENT I 30' DRAINAGE ESM'T IRF �� EX 10' SHENANDOA ' \ GAS EASEMENT D8 781 PG 1276 iI ` 1 � N EX. 20' FCSA SEWER & ll 1 r I WATER EASEA1ENr 3 z PIN 42—A -198D :V �'� II DB 636 PG 93 �' _ �' N GEORGE WASHINGTON,'tn IBEX, 40' POTOMAC HOTEL CORP. ccSSN I EDISON R/W PIN. 42-A-19 c� ZONED: 62 = L D9 719 PG 308 87753 A RF IRF DB 270 PG 269 I PIN 42-A-197 L 10 a o S11NES CHAPEL N - D8 123 PG 197 ZONED: 82� v j IRF I 0 9000 �\ AMES CMF C LINE BEARING DISTANCE L1 N 63"47'4-6" W 50.19 L2 N 64'49'55' W 62.22 L3 N 6;'4955;-* W 38.42' L4 N 66'0317 W 140.94' L5 N 66'5117 W 50.76 L6 N 66'51.17 W 215.10 L7 N 03'53 27 E ---1-4-9.-0-6--r- 49.06L8 L8 N 86'06'33 W 69.96' L9 N 23'0843 E 212.26 L10 S 83'27'34" E 87.45' NO7FS- 1. NO 7171E REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN. 3. IRS — IRON ROD SET IRF — IRON ROD FOUND IPF — IRON PIPE FOUND CMF — CONCRETE MONUMENT FOUND RPF — RAILROAD SPIKE FOUND t� CM IRS F i 200 0 200 400 SCALE: 1 " = 200' f7NAL PLA T OF SUBDI V75ION OF THE LAND OF �yTH OF SPACE, LLC DEED BOOK 958 PAGE 482 r2 S701VEWALL MA67S7ERIAL DISMICT 9 fRLDJERICK COUNTY, VIRGINIA - e No. 00119 DATE 6/5/2000 SCALL 7 "=200' SHEET 2 OF 3 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ PHONE (540) 667-0468 — FAX (540) 667-0469 - EMAN mlls®shentel.net DWG NAME: ID1662 CURVE RADIUS ARC LENGTH LIIORD LE7IG7H O/ORD BEAR/NG C3 158.50' 15538' 149.23' S 02V674"E C4 21.150 11.358' 112.25' T14 'W48' E C5 18650 41.98' 41.89' S 0253'S6 E C6 9a50 47.9.9' 47.52' S 2378 8 E C7 201.50' 1 212.05' 20240 S 07be57- E P.I.N. 42 -A -198G IRS 1 87753 ACRES S 027'34"E 1.152' � Cr / PIN. 42 -A -199J a 9000 ACRES / '\ IRS \ NLW-EXLY.U.SrV£ /NGY�E.�S/ Ea%w EASE]l/Evr Gig vARIABLE S iH07H HEREBY RESERVED 1 0 eRL' IR \ I 111v 4s CMF �1 I rv,4��.NAP CMF" I IRS CMF !i 50 0 50 100 d SCALE: 1" = 50' FINAL PLAT OF. SURD/VIS/ON OF THE LAND OF aF y SPACE, LLC o� DEED BOOK 958 PAGE 482 STONEWALL MArMER/AL DISTRICT FREDERICK COUNTY, WRG/NIA o e No. 001197 '1 DAM 61512000 SCALL-.- 1 '=50' SHEET 3 OF 3 1,gN4 suRV �-L� (D Marsh & Legge Land Surveyors, P.L.C. 560NORTH IDUDOUN STREET — WINCHESTER, VIRGINIA 22601 DRAWN BY: CAJ PHONE (540) 667-0466 — FAX (540) 667-0469 — KVM mUs@shentei.net DWG NAME: ID1662 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 1V E 1`0j"J D UM To: Frederick County Planning Commission From: Michael T. Ruddy, Zoning Administrator./. Subject: Request for Exception from the Subdivision Ordinance; The Unger Farm Subdivision Date: June 26, 2000 The Board of Supervisors has received a waiver request from Mrs. Karen Unger -Fricke and Ms. Ellie Unger, Co -Administrators of the Estate of Fred Unger. The request is to allow an exception to the access requirements for Major Rural Subdivisions [§144-31.C(3)]. Specifically, the request is to allow a shared private driveway, fifty (50) feet in width, to provide access to each of the seven (7) lots within the Unger Farm Major Rural Subdivision. As you are aware, all roads serving lots within a Major Rural Subdivision are required by the Frederick County Subdivision Ordinance to be built to the Tertiary Subdivision Street Standards of the Virginia Department of Transportation and dedicated to Frederick County for the eventual acceptance into the state secondary road system. A copy of the proposed subdivision is included for your information. The proposed Major Rural Subdivision, known as The Unger Farm Subdivision, is located on Old Bethel Church Road, Route 608, approximately one -mile south ofRoute 522 North in the Gainesboro Magisterial District. The Unger Farm Subdivision comprises of approximately 84 acres. The Co - Administrators of the Estate propose to subdivide this into seven lots of varying size. Access to this subdivision is proposed via a shared private right-of-way, 50 feet in width. The proposed private right-of-way would connect directly to Route 608. The Board of Supervisors, upon recommendation of the Planning Commission, may allow for exemptions to the Subdivision Ordinance in cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship [§ 144-5]. In their letter accompanying this request, the applicants have explained in detail the financial situation of the Fred Unger Estate. In evaluating this request, it should be determined if the financial predicament of the 107 North Kent Street o Winchester, Virginia 22603-5000 Request for Exception Fred Unger Estate Page 2 June 26, 2000 Fred Unger Estate warrants an exception to the requirements of the Subdivision Ordinance. Further, would allowing a Major Rural Subdivision of this scale to occur without the benefit of a road infrastructure to the standards required by VDOT, which would also enable the perpetual maintenance of the same roads by VDOT, be appropriate and set an desirable precedent. The Planning Commission should make a recommendation on this request to the Board. Staff is available to address your concerns. Please contact our department if you need additional information. MTR/ch Attachments UAMike\Common\SUBDIVIS\Waiver requests\ungerestate.mem.wpd r 111 l 569 GREENWAY ENGINEERING OFDt SUBDIV SIIONOSEDLAYOUT AT DATE 08-13-00 151 Windy Hill Jane f� SCALE 1" = 400' Pmmdod {n f871 Winchester. Virginia 22602 v MARK D. SMITH THE LINGER FARM SUBDIVISION Telephone 540-882-4186 Naoon09 SHOWN WITH ALL POSSIBLE LOTS. DESIGNED BY: MDS Engineers FAX 540-722-9528 Surveyors t9,yD04 GAINESBORO DISTRICT FILE NO. • 1071 FREDERICK COUNTY, VA SHEET 1 of 1 i ^ LAW OFFICE THOMAS M. DICKINSON, JR. A PROFESSIONAL CORPORATION 102-2 SOUTH KENT STREET WINCHESTER, VIRGINIA 22601 (540) 667-1095 FAX (540) 722-0327 June 14, 2000 Mrs. Karen Unger -Fricke, Co -Administrator of the Estate of Fred Unger Rte. 3, Box 653 Harpers Ferry, WV 25425 Ms. Ellie Unger, Co -Administrator of the Estate of Fred Unger 1012 Old Bethel Church Road Winchester, Virginia 22603 RE: Sale of Estate Real Property Dear Karen & Ellie: The purpose of this letter is to address the hardship issue involving the estate and the plan to subdivide the land of the estate. I have represented the estate for several years now and the goal throughout has been to generate the maximum return possible from the sale of the real estate in order to pay all or as much of the estate's debt'as possible and provide the widow with the testator's residue free of debt. In that regard, if the estate is required to construct a state maintained road in order to obtain approval of the proposed subdivision, the cost for such road will make any development economically impractical. However, if the estate can obtain subdivision approval with a private road then it is possible that the goals can be met. I hope that this letter is what you need to submit to the County. Please advise if you need anything further. Sincerely, Thomas M. Dickinson, Jr. TMDJr/cad r June 21, 2000 Dear Planning & Development, Board of Supervisors: Thank you for agreeing to see us today regarding the Estate of Fred E. Unger Sr_, my Father. This letter will briefly explain to you the circumstances of this Estate, and why we are asking for your approval of a "Hardship Variance". Attached are letters of support of our "Hardship situation". I (Karen Unger -Fricke) along with my mother (Ellie L. Unger) are the duly appointed Administrators of my fathers' Estate (Fred E. Unger Sr). We have been working diligently now for two and a half years to bring this Estate to a close. We have been working with Mr. Tom Dickinson, Attorney at Law, Stephen L. Pettler, Attorney at Law, Don Unger of Marathon Bank, Don Price of Hottel and Willis Accounting and Mark Smith, of Greenway Engineering. My father passed away on October 7, 1997. He went into the hospital for open-heart surgery. Per the medical records, during the surgery, the doctor opened my father's chest to operate and I quote the doctor, " Inadvertently cut the aorta valve in half' My father suffered severe brain and heart damage due to this "accident. As a result he bled to death on the operating table_ For those of you who may have known my father, he was a local businessman. My father took pride in all his endeavors. He was a kind, giving and respected man. The weekend prior to his surgery, my father said to me, (Karen, I just need 5 more years and I'll have everything in order). However, this did not happen. Due to my father's untimely death: my mother was left with no income, no medical insurance, and no way of receiving a widow's benefit. She is ineligible to receive Social Security due to her age and she is also unable to receive any of my fathers Social Security benefits. The Estate was also left with numerous business debts. The Estate debt is $375,000. This figure does not include attorney's fees, accountant fees surveyor fees or taxes. The only way for the Estate to generate the funds necessary to pay the creditors, save my mothers home and to settle this estate, is to sell the entire farm. With the guidance of Greenway Engineering we have divided the farm into 7 lots in the hopes of generating the fiords needed to pay the creditors. Even with the best of luck in the market and if all our prayers were answered, there would be only a very small chance that we would break even. In our efforts to achieve this, we have been told that we would need to build a "state grade hard surfaced road" at an estimated cost of $150.000.00 - $200.000.00. I am here today to ask that you would grant the Estate a "Hardship Variance" on this road and allow us to extend the existing right of way with out state approval and allow us to gravel the road only. With the debt and expenses of the Estate we cannot afford to put in such a road. Even if we were to sell each lot at a fair market value, with having to pay $150,000.00 - $200,000.00, we would not be able to recoup these road expenses and settle the Estate. However, if we were allowed to grade and gravel the road only, our estimates show that we could possibly have a rural road built at a cost of approximately $35,000.00 - $40,000.00. This would greatly help the Estate by easing additional cost. This amount is much more realistic for us to recoup than $200.000.00. In doing this our goal of paying the creditors and keeping a home for my mother become more of a reality. I understand that developers and individuals set out everyday to sub -divide and develop. I also understand that "hard ship situations" arise daily. I am asking you to please see the uniqueness in this situation. In my fathers will, it was his wish that my mother keep their home of 29 years. It was also his wish that if at all possible his farm be kept intact for his children. Unfortunately, due to the Estate debts we are unable to keep my fathers wish for his farm. However, by dividing the farm into lots and selling, we would be able to keep the home for my mother. If there were any other way possible to achieve these wishes and goals, believe me in saying, we would do it. After two and a half years we have found that we have no other course of action other than to ask for your approval. Mr. Tom Dickinson, our Estate Attorney is with me today to better explain our situation. I also have Mr. Mark Smith of Greenway Engineering here to answer any technical questions you may have. Per the proposed plat we have illustrated what would best help us in settling this hardship situation. I sincerely thank you for your time and consideration regarding this matter. Sincerely, Karen Unger -Fricke BURR P. HARRISON 1904-1973 WILLIAM A. JOHNSTON H. K. BENHAM III BILLY J. TISINGER IAN R. D. WILLIAMS CHARLES S. McCANDLISH BRUCE E. DOWNING TRAVIS JOSEPH TISINGER STEPHEN L. PETI'LER, IR. VIA HAND -DELIVERY HARRISON 8 JOHNSTON ATTORNEYS AT LAW POST OFFICE BOX 809 WINCHESTER, VIRGINIA 22604 June 15, 2000 The Board of Supervisors of Frederick County 107 North Kent Street Winchester, Virginia 22601 STREET ADDRES5 21 S. LOUDOUN STREET WINCHE5TER, VIRGINIA 22601 TELEPHONE AREA CODE 540 667-1266 FAX NO. 540-667-1312 Re: Variance regarding Property Owned by the Estate of Fred E Unger, Sr Mr. Chairman and Members of the Board: I have been asked to write to you on behalf of Mrs. Ellie Unger and Ms. Karen Unger -Fricke, co -administrators of the Estate of Fred E. Unger, Sr. As you know, Ms. Unger is the widow of Mr. Unger and Ms. Fricke is his daughter. I have been advising Ms. Fricke regarding certain matters involving the Estate of Fred E. Unger Sr. for nearly a year now. During that time I have had the opportunity to review the financial affairs of the Estate. It is clear that the untimely death of Mr. Unger left his wife and children unprepared to meet the demands Mr. Unger's business affairs left on his Estate. Mrs. Unger has been left with no income, without medical insurance, and in jeopardy of losing her home. The claims against the assets of the Estate are quite large. Despite this, Mrs. Unger and Ms. Unger -Fricke have endeavored mightily to save the family home and pay off the debts of the Estate, at all times honoring their beloved father and husband by doing what he would have done had he survived — pay his bills. Sadly, they have had to liquidate the livestock and much of the equipment of their once prosperous family farm. Even more unfortunately, the proceeds of this sale have not come close to paying the debts. Given this situation, Mrs. Unger and Ms. Unger -Fricke have been reduced to selling off the property which once composed the family farm. As farm land the property would still not fetch a sufficient price to cover the estate debts, but as residential property the land can possibly be sold and enough revenue generated to clear the debts of the Estate. For the past year I have been personally aware of the great deal of work Mrs. Unger and Ms. Unger -Fricke have put in order to subdivide and prepare the property for residential sale, and finally close out the Estate. However, all this effort has come to a halt. The reason: at least $150,000 is needed to install a state grade, hard surfaced road accessing the sub -divided property. This is more than the Estate can afford. The Board of Supervisors of Frederick County June 15, 2000 Page 2 Mrs. Unger and Ms. Unger -Fricke now appeal to you for a hardship variance to allow something less than a "state grade, hard surfaced road" for the property. By installing a gravel access road, the Estate will save in excess of $100,000.00 in development costs, be able to sell off the property for residences, and, hopefully, be able to pay all Estate creditors in full. Mrs. Unger and Ms. Unger -Fricke have been trying to do what is right for the Estate creditors for two years now. They have worked hard and selflessly to get to this point. All they ask is to install a gravel road instead of a hard -top road accessing rural property that was once farm land, a gravel road which would be very much in keeping with the character of the area. I strongly urge the Board of Supervisors to allow the variance as requested by Mrs. Unger and Ms. Unger -Fricke. This course of action will have relatively little impact from a planning standpoint, but will have enormous impact on the settlement of the Estate of Fred E. Unger, Sr. Further, it will be the culmination of all of the hard work and sacrifice these ladies have undertaken to carry out the wishes of their esteemed husband and father. I respectfully submit the foregoing for your consideration, and I am certain the correct course of action will be chosen by the Board. With kind regards, I am SLP/prc