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PC 11-15-00 Meeting Agenda
AGENDA FREDERICK COUNTY PLANNING COMMISSION The Board Room Frederick County Administration Building Winchester, Virginia NOVEMBER 15, 2000 7:00 P.M. -CALL TO ORDER TAB 1) Committee Reports .............................................. (no tab) 2) Citizen Comments ................... ..................... ..... (no tab) PUBLIC HEARING 3) Exception Request: David L. and Marie L. Shull request the granting of an exception from the requirements of Section 144-31 C (3) of the Frederick County Subdivision Ordinance requiring that easements providing access to lots within minor rural subdivisions be a minimum of 50 feet in width. (Mr. Tierney) .......................................................(A) 4) Rezoning #04-00 of Mid -Atlantic Industrial & Tech Center, submitted by Greenway Engineering on behalf of Shockey Industries, to rezone 208 acres from RA (Rural Areas) to M1 (Light Industrial), and 239 acres from RA (Rural Areas) to M2 (Industrial General). This property is located east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 761) and southwest of Jordan Springs Road (Rt. 664) and is identified with Property Identification Numbers 44-A-31, 44-A-292, and 44-A-293 in the Stonewall Magisterial District. (Mr. Wyatt)........................................................ (B) PUBLIC MEETING 5) Master Development Plan #08-00 of Channing Drive, Land Bays 1-9, submitted by Greenway Engineering for 846 single-family urban lots and 22 acres of commercial. This property is located on the north side of Senseny Road, one mile east of Greenwood Road and is identified with Property Identification Numbers 55 -A -206,55 -A -209,55-A-211, 55-A-213, 65-A-30, 65-A-31, 65-A-39, 65 -A -39A and 65-A-40 in the Stonewall Magisterial District. (Mr. Wyatt) ............................................... .........(C) DISCUSSION ITEMS 6) Proposed amendment to the Permitted Use List of the BI Zoning District to allow for Accounting, Auditing, and Bookkeeping Services. (Ms.Lohr)...........................................................(D) 7) Proposed amendment to the Permitted Use List of the BI Zoning District to allow for Tobacco Stores and Stands. (Ms.Lohr)...................................... ....................(E) 8) Other COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 MEMORANDUM TO: Planning Commissioners FROM: Kris C. Tierney, Planning Director 7 RE: Request of Exception DATE: November 3, 2000 Attached is a letter from Mr. Scot Marsh written on behalf of Mr. and Mrs. Shull, owners of 7.24 acres in Back Creek Magisterial District. The Shulls wish to subdivide a two -acre lot for their son. They have the required acreage, however, the five -acre lot resulting from the proposed division would be served solely by an existing 30' easement. Our Subdivision Ordinance requires that any lot in a minor rural subdivision either have direct access to a State -maintained road or be served by aright -of - way with a minimum width of 50'. The Shulls have attempted to obtain the additional right-of-way needed to meet the requirement of Section 144-31 (3) of the Subdivision Ordinance but have been unsuccessful. The proposed five -acre lot contains the Shull's residence which is presently accessed by the 3 0' right- of-way. No further subdivision on the five -acre parcel would be possible. Staff feels that given the fact that the existing residence on the parcel is already served by the right-of-way and that no additional lots will be served by it, an exemption to the 50' requirement is appropriate. A recommendation from the Planning Commission to the Board of Supervisors regarding the request is desired. KCT/ch C:\WINDOWS\TEMP\shut I.wpd 107 North Kent Strzet . Winchester, Virginia 226 1-50GO MARSH & LEGGE LAND SURVEYORS, PL.0 560 North Loudoun Street, Winchester, VA 22601 ® 540-667-0468 v Fax. 540-667-0469 ■ E-mail: mlls@shentel.net October 13, 2000 (665-6395) VIA FAX (678-965_ AND FIRST CLASS MAIL Mr. Kris C. Tierney, Director of Planning County of Frederick 107 North Kent Street Winchester, Virginia 22601 Re: Minor Rural Subdivision, Family Variance Property of David L. Shull and Marie L. Shull PIN 27-A-91 Frederick County, Virginia Dear Kris: I am writing this letter on behalf of David L. Shull and Marie L. Shull to request a waiver for the minimum right of way width for a shared private driveway, as stated in the Frederick County Subdivision Ordinance, Section 144-31-3. The Shulls are attempting to create a two - acre family variance lot which will be conveyed to their son upon approval of this minor rural subdivision. Currently, the Shulls have only 30 feet of frontage on U. S. Route 50. The property is accessed by way of a gravel driveway that crosses the Seldon property. The Shulls have attempted to obtain a 50 -foot wide ingress/egress easement from the Seldons, but the Seldons are not willing to grant an easement of this width. We, therefore, request a waiver to the 50 -foot wide ingress/egress requirement for this subdivision thereby allowing the Shulls to create one two -acre family variance lot. We look forward to approval of this waiver. If you have any questions, please let me know. SWM/clh Sincerely, Scot W. Marsh, L.S. // LANE !ES7:,-, � AyF AS/ VICINITY ASAP SCALE: V=1000' APPROVED By FREDERICK COUNTY HEALTH DEPARTMENT DA TF GS GORE R( SUBDI WS/ON ADM/NISTRA TOR DA TE THIS LOT IS BEING CREA TED UNDER THE PROl9S/ON FOR A FA MIL Y DIVISION (ZONING ORDINANCE SEC. 165-543 & SUBDII9SION ORDINANCE 144-15A) AND CONVEYED TO DAVID LEO SHULL, JR., SON OF DA t4D L SHULL & MARIE L SHULL OWNERS' CONSENT THE ABOVE AND FOREGOING MINOR RURAL SUBDI VIS/ON OF THE LAND OF DA V/D L SHULL & MARIE L SHULL AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF 77 -IE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. DA WD L SHULL MARIE L. SHULL STATE OF NO TAR Y PUBLIC CITY/COUNTY Of THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 2000 BY DAVID L SHULL & MARIE L SHULL. NO A MY COMMISSION EXPIRES SURVEYOR'S CER TIFICA TE / HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS MINOR RURAL SUBDIVISION IS THE LAND CONVEYED TO DAVID L SHULL & MARIE L. SHULL SY DEED DA7FD 13 JUNE 1997, SAID DEED RECORDED /N 77 -IE OFFICE OF THE CLERK OF 7HE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA /N DEED BOOK 881 A T PAGE 1050. DOUGLAS C. LEGGE, L.S. MINOR RURAL SUBDI WS/ON OF 7NEPROPERTY CONVEYED TODAVID L. SHULL &ZON L. SHULLZONED: : RA-91MARIE RA RECORDED /N RES/DEN77AL DougUSE. NBACK DD DEED BOOK 881 AT PAGE 1050 CREEK MAG/STSRIAL DISTRICTDAf7TEIERSEPIEMBER COUNTY �R2000 GINIA LgN 1ICkr JOB ,¢� 198-2858 SHEET 1 OF 3 MARSH & LEGGE 560 NORTH LOUDOUN STREET WINCHESTER, VIRGINIA Land Surveyors, P. L.C. PHONE (540) 667-0468 FAX (540) 667-0469 0 W z 0 N N/F WIWAMSON TM 27-A-95 IRF DB 943 PG 92 jOI \ ZONED: RA USE: AGRICULTURAL DEAD PINE IX n \\\\\\ 10p -BRC g LOT 2 7M 27-A-91 \\\ = 5.2407 A CRES1 ` Q� f /WELL CAP ry UNF 100' BRL . pppp q�916 13' MARKS HICKORY N/F WHITACRE TM 27-A-94 DB 594 PG 152 / ZONED: RA USE: COMMERICIAL r WIO E-- MEANDERING �EK N/F KOLLAR t� TM 27-A-93 DB 693 PG 725 � o \ ZONED: RA USE: RESIDENTIAL ?1 L7 IRS N/F KERCHEVAL TM 27 -A -91A rO-2 ' PROPOSED WE1L� L 1S DB 504 PG 613 9' LOCUS ZONED: RA USE RESIDENTIAL SEE SHEET 3 OF 3 FOR DETAIL OF LOT 1 GRAPHIC SCALE 150 0 75 150 300 NOTES •;' 1. NO 777LE REPORT FURNISHED. 1 inch = 150 ft 2 PROPERTY IDEN77RCA77ON NO. 27—A-91. J. fAS5W0V7S OTHER THAN SHOWN MA Y EXIST. 4. OHW — OVERHEAD WIRES 12 — U77LITY POLE SRL — BUILDING RES7RIC77ON LINE IRS — IRON ROD SET CMF — CONCRETE MONUMENT FOUND COTTONWOOD RA Va DRIIVEWA Y USED FOR I INGRESS/EGRESS TO U.S. l ROUTE 50 S"�ZLOCUST N/F SELDON TM 27-A-92 NED: RA USE: RESIDENTIAL ZONE- - C COMMUNITY NO.: 510063 PANEL.- 0100 B DA TE- 07-17-78 e CREEK AREA TABULA T/ON 5. IRON RODS HAKE BEEN OR WILL BE SET AT ALL ORIGINAL AREA 77d 27—A-91 _7.2407 ACRES CORNERS UNLESS NO7FD OTHERWISE ON PLAT. NEW LOT 1 TM 27—A-913 2.0000 ACRES 6. SEE UNE TABLE ON SHEET 3 OF J. LOT 2 7M 27—A-91 5.2407 ACRES AREA REMAINING IN PARENT TRACT = 0.0000 ACRES MINOR RURAL SUBDI W9SION OF THE PROPERTY CONVEYED TO DAVID L. SHULL & MARIE L. SHULL RECORDED IN DEED BOOK 881 AT PAGE 1050 BACK CREEK MAG157FRIAL DISTRICT FREDERICK COUNTY, WRGIMA DATE- SEPTEMBER 11, 2000 SCALE: 1'=150' 1,103# 198-2858 SHEET 2 OF 3 TH OF o Douglas C. Legge No. 001197 ;1 vp SUR`'V�a0 MARSH& LEGGE 560 NORM t�GINIA 25 Y 64 DWELLING I C�i'EgJFD / Land Surveyors, P. L C. PHAX5406670469F3 7 --WA NUT k 'ROPO )RANflELD o N/F KERCHEVAL TM 27 -A -91A rO-2 ' PROPOSED WE1L� L 1S DB 504 PG 613 9' LOCUS ZONED: RA USE RESIDENTIAL SEE SHEET 3 OF 3 FOR DETAIL OF LOT 1 GRAPHIC SCALE 150 0 75 150 300 NOTES •;' 1. NO 777LE REPORT FURNISHED. 1 inch = 150 ft 2 PROPERTY IDEN77RCA77ON NO. 27—A-91. J. fAS5W0V7S OTHER THAN SHOWN MA Y EXIST. 4. OHW — OVERHEAD WIRES 12 — U77LITY POLE SRL — BUILDING RES7RIC77ON LINE IRS — IRON ROD SET CMF — CONCRETE MONUMENT FOUND COTTONWOOD RA Va DRIIVEWA Y USED FOR I INGRESS/EGRESS TO U.S. l ROUTE 50 S"�ZLOCUST N/F SELDON TM 27-A-92 NED: RA USE: RESIDENTIAL ZONE- - C COMMUNITY NO.: 510063 PANEL.- 0100 B DA TE- 07-17-78 e CREEK AREA TABULA T/ON 5. IRON RODS HAKE BEEN OR WILL BE SET AT ALL ORIGINAL AREA 77d 27—A-91 _7.2407 ACRES CORNERS UNLESS NO7FD OTHERWISE ON PLAT. NEW LOT 1 TM 27—A-913 2.0000 ACRES 6. SEE UNE TABLE ON SHEET 3 OF J. LOT 2 7M 27—A-91 5.2407 ACRES AREA REMAINING IN PARENT TRACT = 0.0000 ACRES MINOR RURAL SUBDI W9SION OF THE PROPERTY CONVEYED TO DAVID L. SHULL & MARIE L. SHULL RECORDED IN DEED BOOK 881 AT PAGE 1050 BACK CREEK MAG157FRIAL DISTRICT FREDERICK COUNTY, WRGIMA DATE- SEPTEMBER 11, 2000 SCALE: 1'=150' 1,103# 198-2858 SHEET 2 OF 3 TH OF o Douglas C. Legge No. 001197 ;1 vp SUR`'V�a0 MARSH& LEGGE 560 NORM t�GINIA WINCHESTER, Land Surveyors, P. L C. PHAX5406670469F3 667-0469 L/NF TAB/ F No. D/,4EC77ON D/ST. L1 N 887960" E 82 00' L2 N 675460" E 173.30' L3 N 425625" E 58.60' L4 N 5359'00" E 215.14' L5 S 5138'13" E 134.88' L6 IS 7150'00" E 74.05' L7 IN 3230100" E 48.13' L8 S 76 UO'00" E 98.80' L9 S 6773'21 " E I 30.38' L10 S 7546'09" W 83.93' L11 S 6072'34" E 193.09' L12 S 54'09'18" E 143.03' L 13 N 4058'50" E 58.54' L14 S 4573'20" E 30.22' L 15 S 40 00 42" W 162.20" N/F DALZELL . ZONED: RA USE: AGRICULTURAL __ N 575249" E 760._42_' 13" MARKED 168.64' lRS HICKORY Lor 1 I TM 27-A-913 2.0000 ACRES 100' BRL 100' BR O l� X05 �e h a O LOT 2 TM 27-A-91 '� m �l� 5.2407 ACRES / ! 2 S7 -0R)< 9" LOCUST DI%'ELL/NG WELL CAP ry BS �PROPOSED — DRA/Nf7ELD GARAGE g 63, N 60' BRL / 50' BRL 17" WALNUT _ N 3550 42'" 03' N 29 4726" E 193.09" �...,_...1_...�' i < 10' W/DE N/F SELDON MEANDERING C F TM 27-A-92 CREEK ZONED: RA USE: RESIDENTIALX26" LOCUST-' MINOR RURAL SU3D1 KS/ON OF THE PROPERTY CONVEYED TO TH OF vj��j a�,�' �`' DA VID L. SHULL & o MARIE L. SHULL a RECORDED IN DEED BOOK 881 AT PAGE 1050 Douglas C. Legge No. 001197 BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE. -SEPTEMBER 11, 2000 SCALE.- 1 =60' 4 SND SUR�yt JOB # 198-2858 SHEET 3 OF 3 MARSH & LEGGE 560 NORTH LOUDOSTREET WINCHESTER, VIl�M GINIA Land Surveyors, P.L. C. PHONE (540) 667-0468 FAX (540) 667-0469 PC REVIEW DATE: 11/15/00 BOS REVIEW DATE: 12/13/00 (Tentative date) REZONING APPLICATION #04-00 MID -ATLANTIC INDUSTRIAL & TECH CENTER (Shockey Companies) To rezone 208 acres from RA (Rural Areas) to M1 (Light Industrial) and 239 acres from RA (Rural Areas) to M2 (Industrial General) LOCATION: This property is Iocated east of Milburn Road (Rt. 662), south of Old Charles Town Road (Rt. 76 1) and southwest of Jordan Springs Road (Rt. 664). Hiatt's Run forms a major portion of the southern boundary of the subject site. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-31, 44-A-292, and 44-A-293 PROPERTY ZONING & PRESENT USE: Zoned: RA (Rural Areas) District Land Use: Vacant; Residential ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RA (Rural Areas) District Use: Residential South: Zoned RA (Rural Areas) District Use: Residential; Vacant East: Zoned RA (Rural Areas) District Use: Residential; Vacant West: Zoned RA (Rural Areas) District Use: Residential; Vacant; Cemetery PROPOSED USE: Industrial and Technology Park REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached comment sheet from Steve A. M I ikoff; dated 9-22- 2000. Fire Marshal: Further comment on site plan; plan approval recommended. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 2 November 3, 2000 Sanitation Authority: See attached letter from John G. Whitacre, Engineer, dated 9-22-2000. County Engineer: See attached letter from Harvey E. Strawsnyder, Director of Public Works, dated 9-25-2000. Parks & Recreation: The Conservation Easement may provide Frederick County with future recreational benefits as part of a linear park system. Historic Resources Advisory Board: See letterfrom Amy M. Lohr, Planner H, on behalf ofHR,4B dated 9-25-00. County AttorneX: Who pays for intersection improvements? When signed by owner, appears alright. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for the three parcels which comprise the proposed rezoning as A-2 (Agricultural General) District. The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The three parcels which comprise the proposed rezoning are identified as tax map numbers 44-A- 31; 44-A-292; and 44-A-293. Frederick County approved a boundary line adjustment plat for parcel 44-A-31 on October 2, 2000. The boundary line adjustment between this parcel and parcel 44-A-29; owned by the McCann Land Trust, added an additional 176.95 acres to parcel 44-A-31. The cumulative acreage for the three parcels which comprise the proposed rezoning is 733.12 acres. The proposed rezoning application calls for a zoning change for 447 acres of this total, of which 208 acres is requested to be zoned M-1 (Light Industrial) District, and 239 acres is requested to be zoned M-2 (Industrial General) District. 2) Location The three parcels which comprise the proposed rezoning are located on the south side of Old Charles Town Road (Rt. 76 1) and Jordan Springs Road (Rt. 664); and on the east side of Milburn Road (Rt. 662). The parcels are located approximately %2 mile east of the intersection of Old Charles Town Road and Martinsburg Pike (Route 11 North). The three secondary routes are classified as local roads, and Martinsburg Pike is classified as an arterial roadway. The parcels are within the county's Sewer and Water Service Area (S WSA) and are a component of the Northeast Land Use Plan which was adopted by the Board of Supervisors on September Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 3 November 3, 2000 27, 2000. The parcels were also a component of the S WSA and the Route 11 North Corridor Plan which was adopted by the Board of Supervisors on January 8, 1997. Both land use plans proposed future industrial development within the area of these parcels; as well as the provision of a Developmentally Sensitive Area (DSA) overlay as identified by the Frederick County - Winchester Battlefield Network Plan, to protect the Stephenson Depot Primary Area and the Milburn Road corridor linkage between Stephenson Depot and the Third Winchester battlefield. 3) Site Suitability The three parcels which comprise the proposed rezoning contain areas that are defined as woodlands, steep slope, floodplain, and wetlands. The majority of the defined environmental features are located in the vicinity of Hiatt's Run which forms a portion of the southern boundary of the 447 acres that are requested to be rezoned. The 208 -acre portion that is requested to be zoned M-1 (Light Industrial) District contains some minor areas of steep slope, while the 239 -acre portion that is requested to be rezoned M-2 (Industrial General) contains substantial areas of steep slope, as well as areas of floodplain, wetlands, and woodlands. The applicant's Impact Analysis Statement estimates that approximately 42 acres within the requested M-1 District area designation and 120 acres within the requested M-2 District area designation cannot be developed due to environmental constraints, required buffer and screening, conservation easements, and the DSA easement. 4) Potential Impacts and Issues a) Transportation: Impact Analysis Statement The applicant has provided information which projects potential traffic impacts associated with the development of 285 acres of the proposed 447 acres requested to be rezoned. This analysis utilizes average vehicle trip data from the Institute of Traffic Engineers Trip Generation Manual, 6' Edition, Volume 1 (ITE). The applicant has projected potential traffic impacts assuming weekday afternoon peak hour vehicle trips as a multiplier for the development of both 7,446,500 square feet and 3,723,250 square feet of structural area. This projection suggests that there could be between 3,425 - 6,851 vehicle trips during peak hour. Furthermore, the applicant has provided an average daily vehicle trip generation for the development of 3,723,250 square feet of structural area on 285 acres. This projection suggests that there could be 25,914 average daily vehicle trips generated by the development of 3,723,250 square feet of structural area. Review Agency Comment The Virginia Department of Transportation (VDOT) met with the applicant to review the methodology utilized for the traffic impact analysis. The VDOT comment, dated 9/22/00, states Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 4 November 3, 2000 that there is no objection to the rezoning of this property; however, ,VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements. Planning Staff Comment The applicant's traffic impact analysis does not provide current traffic count information for the impacted roadways; does not estimate the percentage of vehicle trips that will be tractor -trailer and normal vehicle; does not provide current and projected Level of Service (LOS) information for impacted roadways; nor does it account for projected turning movements at Martinsburg Pike. Staff contacted the VDOT Edinburg Residency and was advised that the 1999 average daily traffic counts for Martinsburg Pike from Interstate Exit 317 to Old Charles Town Road was 9,900 trips, and from Old Charles Town Road to Cedar Hill Road (Route 671) was 6,100 trips. The 1999 average daily traffic count for Old Charles Town Road from Martinsburg Pike to Stephenson Road was 2,400 trips. The VDOT Edinburg Residency advised staff to estimate a 4% annual increase in vehicle trips for arterial roads and a 3% annual increase in vehicle trips for secondary roads. Therefore, the average daily traffic counts for Martinsburg Pike are projected to be 10,296 trips and 6,344 trips respectively, and 2,472 trips for Old Charles Town Road. The applicant utilized structural development calculations to project vehicle trips during weekday afternoon peak hour and for a 24-hour period. These calculations assumed approximately 26,000 square feet per acre, and approximately 13,000 square feet per acre respectively. Staff compared these structural development calculations to the existing development conditions in Fort Collier Industrial Park and Stonewall Industrial Park to determine which projection was more realistic. The following table provides the structural development conditions for each industrial park: Existing Industrial Park Development Name Total Acreage Developed Acreage Total Square Feet of Developed Acreage Developed Square Feet Per Acre Fort Collier 442 acres 370 acres 2,344,104 square feet 6,335 sq.ft./acre Stonewall 494 acres 205 acres 1,767,877 square feet 8,625 sq.ft./acre Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 5 November 3, 2000 Based on existing development patterns, it appears that the 13,000 square -feet -per -acre calculation is reasonable to consider for the applicant's traffic impact analysis. This calculation projects 3,425 vehicle trips during weekday afternoon peak hour, and 25,914 average daily vehicle trips generated by the build -out of this acreage. The build -out of this acreage would increase traffic on Old Charles Road by 948% of the current average daily traffic volume, and would increase traffic on Martinsburg Pike by at least 152% of the current average daily traffic volume. The projected square footage build -out of this acreage will significantly impact the existing road system within this area. These impacts may warrant traffic signalization on Old Charles Town Road and.Martinsburg Pike; turn lanes on Old Charles Town Road and Martinsburg Pike; and the provision of additional travel lanes on Old Charles Town Road including the bridge crossing of the CSX railroad. Furthermore, the Northeast Land Use Plan calls for the provision of a new north -south collector road throughout the developed areas in the vicinity of the plan. b) Water and Sewer: Impact Analysis Statement The applicant has provided information which projects potential water and sewer capacity needs associated with the development of the 447 acres requested to be rezoned. This analysis utilizes a projected gallon -per -day -per -acre quantity from the City of Harrisonburg Design and Construction Manual, Table 2. This gallon -per -day -per -acre quantity varies from 3,500 - 7,500 based on the type of industrial land use development. The applicant's water and sewer impact analysis assumes a 5,000 -gallon -per -day -per -acre average for 447 acres requested to be rezoned, resulting in a projected water and sewer capacity need of 2,235,000 gallons per day. Review Agency Comment The Frederick County Sanitation Authority (FCSA) comment, dated 9/22/00, states that facilities do not currently exist to provide for the applicant's projected water capacity needs at build -out. The FCSA states that a new water treatment plant in the Clearbrook area should be on-line late in 2002 which would accommodate this projected capacity need. The FCSA states that the developer would be responsible for the development of all water lines and sewer infrastructure necessary to serve this acreage. Planning Staff Comment Staff contacted the FCSA prior to the commencement of the Northeast Land Use Plan process to discuss water and sewer capacity issues. Representatives of the FCSA advised staff to assume a 1,000 gallon -per -day -per -acre quantity to project potential water and sewer capacity needs for the planned area. Mid -Atlantic Industrial and Tech Center REZ 404-00 Page 6 November 3, 2000 Staff compared the current water and sewer use within the developed acreage of Fort Collier Industrial Park and Stonewall Industrial Park to determine which projection was more realistic. The data for water and sewer consumption within these industrial parks was provided by the FCSA which accounts for use from August 1999 to August 2000. The following tables provide the gallon -per -day -per -acre quantity for water and sewer use for each industrial park during this time period: Existing Industrial Park Water Use Name Total Developed Total Gallons of Total Gallons of Gallons/D Acreage Acreage Water Used Between Water Per Day ay/Acre 8199-8100 Per Day Fort Collier 442 acres 370 acres 110,979,000 gallons 304,000 gpd 822 gpd/acre Stonewall 494 acres 205 acres 13,503,000 gallons 37,000 gpd 180 gpd/acre Existing Industrial Park Sewer Use Name Total Developed Total Gallons of Total Gallons of Gallons/D Acreage Acreage Sewer Generated Sewer Generated ay/Acre Between 8/99 - 8/00 Per Day Fort Collier 442 acres 370 acres 55,959,000 gallons 153,300 gpd 415 gpd/acre Stonewall 494 acres 205 acres 8,151,000 gallons 22,330 gpd 110 gpd/acre Based on existing water and sewer consumption patterns, it appears that the 1,000 gallon -per -day - per -acre quantity projection that was utilized by staff during the Northeast Land Use Plan process Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 7 November 3, 2000 is reasonable to consider for the applicant's water and sewer impact analysis. This projection suggests that the build -out associated with the development of 285 acres of the proposed 447 acres requested to be rezoned would require 285,000 gpd of water and sewer capacity. This projection is much less than the 2,235,000 gpd projection provided by the applicant; however, the FCSA has advised staff that their comments would be the same for either projection. C) Historic Resources: Impact Analysis Statement The applicant has provided information which identifies Milburn Road (Route 662) and the Milburn Cemetery as historic resources which adjoin the western boundary of the three parcels that are proposed to be rezoned; and identifies the Samuel Byers House as a potentially significant historic resource that is located on the acreage that is proposed to be rezoned. Review Agency Comment The Frederick County Historic Resources Advisory Board (HRAB) comment, dated 9/25/00, states that the HRAB requests to provide a review agency comment during the master development plan process should this rezoning request be approved. The HRAB recommends that the integrity of the ridge line that parallels Milburn Road which is on the applicant's property be preserved to protect the Stephenson Depot viewshed and the location of the artillery position by increasing the distance of the Developmentally Sensitive Area (DSA) to the east and by placing landscaping approximately 50 feet behind the east side of the ridge line. The HRAB also recommends that the applicant consider establishing a conservation easement for a parcel situated on the west side of Milburn Road that is under their ownership but not part of the rezoning request. Planning Staff Comment Maral Kalbian, consultant to the HRAB, advised the Planning staff of a potential Rural Historic District for the Milburn Road area. The boundaries of this area were established by Gray & Pape, Inc. as part of the Route 37 Phase I and II Cultural Resources Investigation. A map delineating these boundaries was presented to the HRAB and Ms. Kalbian advised the HRAB that the Department of Historic Resources (DHR) had recognized this area as being eligible for the National Register of Historic Places. This information was presented for information purposes but was not formally evaluated by the HRAB as a part of the proposed rezoning application. Staff contacted the local DHR office to discuss issues associated with the proposed Milburn Rural Historic District. Mr. David Edwards, Director, advised staff that the Route 37 Phase I and II Cultural Resources Investigation was a Section 106 requirement which affects what the Virginia Department of Transportation can do; however, it does not necessarily affect what a property owner can do, or what a locality can recommend. Mr. Edwards provided staff with a copy of the Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 8 November 3, 2000 minutes from the National Register Evaluation Team meeting of June 5, 1997. The minutes indicate that the evaluation team concurred with Gray and Pape, Inc., that the Milburn Rural Historic District was eligible for the National Register of Historic Places. The evaluation team recommended that the Samuel Byers House was not eligible as a stand-alone structure; however, it would be considered one of the structures which comprised the cluster of resources within the Milburn Road Rural Historic District. The applicant's Impact Analysis Statement identifies that the CSX Railroad is situated to the west which may be used in the future to provide rail service in the requested rezoned area. Based on current property ownership, it appears that this future rail service access would come from the west, across Milburn Road, and.into the requested rezoned area north of McCanns Road (Route 838). This rail access could potentially impact the integrity of the ridge line that parallels Milburn Road, as identified by the HRAB. Staff received copies of the Abrams Creek - Redbud Run Archaeological Survey site inventory reports from Warren Hofstra on October 31, 2000. The site inventory report indicates that a private cemetery consisting of at least 17 grave pits is located within the boundaries of the property owned by the applicant. The property owner should locate all grave pits and undertake the steps necessary to ensure the appropriate treatment of these features. d) Solid Waste: Impact Analysis Statement The applicant has provided information which projects potential solid waste generation associated with the development of the 447 acres requested to be rezoned. This analysis utilizes an industrial waste calculator from Fairfax County. The calculator assumes a worst case scenario and does not account for recycling. The applicant has projected that the potential solid waste generation from this acreage would account for approximately 6,000-12,000 tons -per -year. Review Agency Comment The Department of Public Works (County Engineer) comment, dated 9/25/00, states that the estimated solid waste generation of 12,000 tons per year will significantly impact the county's solid waste program, increasing the cost to the landfill and utilizing available capacity. Planning &SComment Staff met with the Director of Public Works to discuss issues associated with the county's solid waste program. The county landfill is designed to dispose of solid waste that is generated by residential, commercial, and industrial land uses within the municipal solid waste landfill (MS W); and to dispose of construction waste in the construction demolition debris landfill (CDD). The county has an anticipated MSW landfill life of 20 years, based on a 3% average annual increase Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 9 November 3, 2000 in solid waste disposal. The Department of Public Works has filed an application with the Department of Environmental Quality (DEQ) to increase the permitted air space (vertical capacity) at the landfill. The amended permit to extend air space capacity would expand the landfill life by an additional 15-20 years. The DEQ will render a final decision regarding this application in July 2002. Based on existing development patterns in Fort Collier Industrial Park and Stonewall Industrial Park, it appears that the 6,000 -ton -per -year solid waste generation is reasonable to consider for the applicant's solid waste impact analysis. This figure suggests that the build -out of the acreage requested to be rezoned would generate the average annual increase of solid waste disposal experienced by the county for a.one-year period. e) Adjoining Properties: Impact Analysis Statement The applicant has provided information which identifies a significant number of residential land uses along Old Charles Town Road and Stephenson Road. The impact analysis statement suggests using a 100 -foot buffer and screen between all residential areas and the acreage requested to be rezoned to provide adequate distances between land uses; and to reduce impacts associated with noise, light, and odor. Planning Staff Comment The Zoning Ordinance requires a buffer and screen between land used for industrial purposes and residential purposes. The minimum buffer distance required by the county is 100 feet which requires the installation of a six -foot -high opaque screen such as an earth berm or a board -on- board fence, and landscaping which provides three evergreen and deciduous trees per ten linear feet. The developer is not permitted to situate structures within the 100 -foot buffer distance; however, accessory uses such as parking lots and maneuvering areas can be located within the initial 25 feet. The adjoining properties along Old Charles Town Road which adjoin the 100 -foot residential buffer area may be impacted by future industrial land uses depending upon the structural height, the location and placement of signage and lighting fixtures, and the location of parking and maneuvering areas, primarily those areas used for tractor -trailer staging and loading. 5) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized, and reviewed by the County Attorney's office. The following list is a summary of the conditions voluntarily proffered by the applicant: Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 10 November 3, 2000 • Prohibit specific land uses that are permitted in the M-1 (Light Industrial) District and the M-2 (Industrial General) District. • Prohibit road access along Milburn Road. • Limit of one commercial entrance on Old Charles Town Road to serve the acreage proposed to be rezoned. • Provide a second access on Stephenson Road for emergency access which may become a permanent access if warranted by VDOT. • Provide traffic signalization at the commercial entrance at Old Charles Town Road when warranted by VDOT. • Enter into a signalization agreement with VDOT for the provision of traffic signalization at the intersection of Martinsburg Pike and Old Charles Town Road in which the applicant will pay for 50% of the cost associated with this improvement when warranted by VDOT. • Dedicate right-of-way to VDOT as deemed necessary by the state. • Undertake detailed traffic studies each time a site development plan is prepared for the acreage proposed to be rezoned. The applicant will pay for any improvements to the impacted road systems if deemed necessary by VDOT to maintain a grade "C" Level of Service (LOS). • Establish a Developmentally Sensitive Area (DSA) easement that restricts industrial and commercial land use in perpetuity. • Establish a Conservation Easement along Hiatt's Run that would be available for dedication to the county for public use. • Allow for the Samuel Byers House to be inventoried, cataloged, dismembered, and relocated by the county. • Limit freestanding sign heights to 20 feet. • Allow building -mounted signs to face Milburn Road for business and office use only. • Provide a vegetative buffer along the western property line between Old Charles Town Road and the McCann property. Plant the vegetative material approximately 50 feet east of the ridge line which parallels Milburn Road. • Provide a monetary contribution of $20,000 to the county to be utilized for fire and rescue services. STAFF CONCLUSIONS FOR 11/15/00 PLANNING COMMISSION MEETING: The 447 -acre portion of the three parcels proposed for rezoning is located within the county's Sewer and Water Service Area; is within the portion of the Northeast Land Use Plan which recommends future industrial land use; is adjacent to the identified Developmentally Sensitive Area (DSA); contains a portion of the identified core area of Stephenson Depot; and is within an area recommended as a potential rural historic district which would qualify for the National Register of Historic Places. The Northeast Land Use Plan recommends that industrial land uses should only occur if impacted road systems function at a grade "C"level of service (LOS) or better; that industrial land uses be developed with public water and sewer service; and that industrial land uses should be adequately screened from adjoining land uses to mitigate visual and noise impacts. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 11 November 3, 2000 Staff has identified several issues based on comments received from various review agencies which involve impacts to the transportation system, water and sewer service, historic resources, the regional landfill, and adjoining properties. The applicant has submitted a proffer statement in an attempt to mitigate the issues identified by staff. Proffered conditions include the elimination of specific land uses; studies and improvements to the impacted road systems; the establishment of easements to preserve land areas and protect viewsheds; the ability to research and relocate a potentially significant historic structure; limitations of sign heights; and a monetary contribution for fire and rescue services. The development of an industrial park and technology center at this location will have an impact on existing residential land uses along Old Charles Town Road due to their proximity to this acreage, and could potentially have an impact to the viewshed associated with the historic Stephenson Depot area. The Frederick County -Winchester Battlefield Network Plan sets forth strategies for Stephenson Depot which include working with land owners to preserve key areas while allowing some development; ensuring that more intensive uses in the core area provide means to protect viewsheds as a part of their development plans; to use Milburn Road as a primary travel connection between Stephenson Depot and Third Winchester; and to work with land owners to preserve views along Milburn Road using buffers, vegetation and easements. Staff believes that these impacts could be further mitigated by the applicant through consideration of the following comments: • Provide land owners on the north side of Old Charles Town Road with evergreen screening to reduce visual impacts and headlight glare in the proximity of the commercial entrance. • Provide more specific information regarding off-site improvements to the impacted road system. • Limit the access point on Stephenson Road to emergency access only. • Ensure that county officials are aware of, and are in agreement to, dedicated right-of-way areas along Milburn Road. • Provide for a new north -south collector road with sufficient right-of-way throughout the limits of the property. • Delay development activities until the new water treatment plant in the Clearbrook area is on-line. • Conduct a detailed viewshed analysis along the north and west boundaries, and establish a maximum structural height overlay to minimize impacts to existing residential land uses and the viewshed from the Milburn Road corridor and Stephenson Depot. • Identify the specific location of the proposed railroad spur to determine and attempt to minimize impacts to the Milburn Road corridor and the Stephenson Depot ridge line. • Provide additional buffer distance and screening methods against the existing residential land uses along Old Charles Town Road. • Establish proffered design standards or restrictive covenants to require lower outdoor lighting fixtures, monument signs, strategic placement of loading and receiving bays, and more intensive landscaping than required by county ordinance. • Prohibit building -mounted signs from facing Milburn Road for all land uses in the industrial park and technology center. • Identify the land uses that would be permitted within the industrial park and technology center instead of those that would be prohibited. Mid -Atlantic Industrial and Tech Center REZ #04-00 Page 12 November 3, 2000 Require all land uses within the industrial park and technology center to meet with the county's Recycling Coordinator to develop appropriate waste reduction, reuse, and recycling programs to reduce the amount of solid waste disposal that would be received by the MSW landfill. The applicant should be prepared to address the comments made by staff during the review of this application by the Planning Commission and the Board of Supervisors. O:\Agendas\COMMENTS\REZONING\Stats Repon Mid -Atlantic Industrial_Tech CV REZ.wpd Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: F Virginia Department of Transportation Attn: Resident Engineer 1550 Commerce Street Winchester, Virginia -Applicant Please.:fill ou# the information as accurately as possible: in order:to assist the Vrg3a Deartnerit af'1'ranspartation vuifh thedr review Attach: t#tree. c>�pres of your applicatiirn form, location map, profer:state�entr, >Empact:apalysis, gnd any other pertinent nforrnation' Applicant's Name:(ZEA q r U C 2 t Telephone: L-& Z- 41815 Mailing Address: 1 { 11%1 A10 P ILL (A jC, Utc-2 VA Z2.�roOZZ Location of property:�A S T CF M tl.t3 0J 4 ROAD tZIS "Z _93U2,74 GE CUD 0_4AgL _S 77.�W jQ 9xAL) t_ �T� -7(al t !SDUi7j- gs-I ,Q.r- Joti2DANj SP9-1NJ,S Rmg(Ere. ZYC Current zoning: (F A Zoning requested: M l M Z Acreage: 442 Virginia Department of Transportation Comments: No objection to rezoning of this property. Before d v to mi Pnt, th4 s nffirp will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Tri -Generation --manual, StxrII i too tor review. OUT reserves t e rig t to comment on all right-of-way needs, including right-of-way dedications, traffic signalizati and nff-_ . W33�- . Ments an -d- drainage eek perfermed-ea--the — State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and suretv bond coveraQ VDOT Signature & Date: 20 FREDERICK COUNTY SANITATION AUTHORITY P.O. Box 1877 Winchester VA 22604-3377 JAMES T. ANDERSON. Chairman ROBERT N. CARPENTER. Vice-chairman ROBERT E MOWERY. Sec-Ireasurer .JOHN STEVENS GREGORY" W. HEWITT RICHARD A. RC CKNIAN MEMORANDUM TO: Greenway Engineering FROM: John G. Whitacre, Engineer ��'W� REFERENCE: Mid -Atlantic Industrial &,Tech Center SUBJECT: Re -zoning request DATE: September 22, 2000 Water Wellington H. Jones, Y.E. Engineer -Director Ph. — l= -till 368-1061 "rax. —(540) 868-1129 Rezoning Comments - Page 2 We currently do not have facilities to provide this project's projected 2.36 mgd build -out requirements. However, the Authority is in the design stage for a new water treatment plant in the Clearbrook area. This new plant is scheduled for completion in the fall of 2002. Along with this new facility, we will be installing a large diameter water main. It will be built from the Clearbrook water treatment plant (WTP) to the Stonewall Industrial Park area. When these two projects are in service, there should be more than adequate water volume and pressure to serve this project. The existing water lines are not adequate to service this area. The developer would be responsible for installing the lines that will provide needed fire protection and production flows and pressures. Sewer At this time, there is no sewer service in the project area. The nearest connection is in the vicinity of Stonewall Industrial Park. The developer would be responsible for installing the needed sewer system. /ths NATER _kT YOUR SERVICE COUNTY of FR-DERICK Department of Public Works 540/665-5643 FAX: 540/678-0632 September 25, 2000 Mr. Mark D. Smith, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 RE: Mid -Atlantic Industrial and Tech Center - Rezoning Comments Frederick County, Virginia Dear Mark: We have completed our review of the impact analysis and proffer statement for the proposed rezoning of approximately 447 acres from RA to M1/M2 for the Mid -Atlantic Industrial and Tech Center. Based on this review and our understanding of the proposed request, we offer the following comments: 1. Refer to wetlands under site suitability. A majority of the site is underlain by the Martinsburg shale which provides some excellent engineering characteristics. However, one of these characteristics is not good drainage. Typically, the soils derived from the shales exhibit poor drainage and support a perched water table until the topsoil is removed. The reference to well drained should be revised accordingly. 2. The discussion of surrounding property on page 3 indicates that the CSX Railroad may be used in the future to provide rail service to the rezoned property. Indicate how this will be accomplished. It appears that it will be necessary to run the spur across Milburn Road through the DSA easement. Has this possibility been discussed with the Virginia Department of Transportation? If so, what provisions and impacts have been envisioned to accomplish this goal? 3. The maximum water consumption has been estimated at 2.35 million gallons per day. The discussion indicates that there is an existing ten (10) inch supply line along Route 11. However, the discussion does not address the obvious issue, does the Sanitation Authority have the available capacity to provide this amount? 4.. The discussion -of sewage conveyance and treatment should address when sewer service might be available and who will provide this service. 5.. The drainage discussion should indicate whether regional or individual site detention is planned for this development. Also, the rational method used in the calculations should 107 North Kent Street • Winchester, Virginia 22601-5000 Mid -Atlantic Industrial & Tech Center Page 2 September 25, 2000 be limited to sites less than 200 acres. 6. The estimate of solid waste generated by the proposed build -out (approximately 12,000 tons per year) will have a significant impact on the regional solid waste program in Frederick County. The estimated amount will represent an approximate seven (7) percent increase in solid waste. This increase translates into a significant cost increase to the landfill. Also, available capacity may be an issue within the next ten (10) years. Once these comments have been addressed, submit two (2) copies of the rezoning plan for further review. Please contact me at 665-5643 if you have any questions regarding the above comments. Sincerely, Ct-N�, *— Harvey E. S wsnyder, Jr., P. Director o blic Works HES/rls cc: Frederick County Planning Department file i September 25, 2000 ,1r. ',%lark D. Smith Greenway Engineering 51 Windy Hill Lane Winchester, Virginia 22642 COUNTY of FREDERICK Department of planning and Development 5dai 663-446=1 FAX. 540/679-4682 RE: HRAB Recommendations for Crider-Shockey Rezoning Dear Mark: During tl'!eir meeting of September 19. 2000, the Historic Resources Advisory Board (HRAB) met to discuss your client's prcposal to rezone 417 acres of RA (Rural Arens) zoned iand to Al i:Light indus:r ai) ar 6 'A ;General Indus -trial). The HRAB made the following recommendatiuns with regard to that proposal: 41 Should (las rezoning oe successfui, the HF -6,B would request to review :he Master Development Plan. • The integrity of the ridge which parallels Miiiburtt Road (Rt. 56:) along the west side of :he Proposed rszoning should be preserved. Tc :hat el=ect, tate Developmentai:y Sensiiive Area (DSA) snculd be mowed further to the east For a distance of 50 feet. 41 The above-refereaced ridge should not be disturbed by the piace^.tent cf =mien ber n: er iandscaping. Landscaping should be placedl-eyond ate rdgeaad shcule-consist ofwaist-high grass and .voody' trees. -rac feasibility of a conservation easement sheuid'I-e ►nvesttga:ed tor -r.0 prepem, vnich l.e$ to the west of Mi iiburn Road. If you have any questions regarding this tetter or if! can be of Eicher assistame, please do not :iLsitaze :o contact rte. Sincerely, Amy ?V1_.: ohr Planner I1 AML- cc: Evan A. Wyatt U.-AjnvCopninoa'HRJB'Shoete) R=wung__HA43recam.wpa 4 107 North Kent Street - Winchester, Virginia 22601-5000 s 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: (�,%(✓E.,,Jvj 4y t�J � ,�� Telephone: Address: 51 W(�JD �}i Lam; WIA C.- "� S—, 2 UA 2. Property Owner (if different than above) Name: S !- Gj:!�.3 DVs - ( CS Telephone: 6(o]--7-700 Address: 'Yo 60 X 2.5 \/A 3. Contact person if other than above Name: 3`'12. D00 ALD 5 {-�ffe u/ Telephone: b0-7700 4. Checklist: Check the following items that have been included with this application. Location map (, Plat Deed to property Verification of taxes paid L7 - 11 Agency Comments Fees Impact Analysis Statement 1_ Proffer Statement —1/— 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: b. A) Current Use of the Property: RA - A6121 C Ii M" (. B) Proposed .Use of the Property:, H I— L 16 F +T Z[P J DUSi E I A L M2 -6&e9A(_ zvDUS'TerAc, 7. Adjoining Property: PARCEL ID NUMBER USE ZONING SES LIST a� �7.7otrJ i rJ C� t�P�-+2T� OW ?�J�.^�.S S. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): t 4e, eo s 3' ceC.'�, t I�l..cA i c,o FAST VC- LFF- l0 �/' C.i J"I ILZVf�1V twr"11,.,i� % ay 1 4 ae Rl-iE. ! (o I (CLI) Q i 1"zL k �'- 1 ai o emu-) A�J (D Or- C-16 &Q-C�e-12,g6 rRdAQ�)- t to -IIS Rao 4:�)e-Is A MA kiz Fbif-Doo o� TH-e, socm+f_EAj '500 D4P-y ©P TIfE S0JEC-1 S rT- . 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 L-_Lq-3)144-A-ZC12- d4 -A- Z'q 3 Di8ricts Magisterial: 5-1-C-fti-E •`ALL t7iiS�c-r High School: J A�4,5 WcoD 4C&R Fire Service: Middle School: FDE�t�� C+fii �/ t'� l l i✓aC. Rescue Service: Gl.e64ZbP-caK-, Elementary School: �41, eLC4A6,,� 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re uested �'l 1 Total acreage to be rezoned rl 11. The following information should be provided according to the type of rezoning proposed : Single Family -homes: Non -Residential Lots: Office: Retail: Restaurant: Townhome: Mobile Home: Square Footage of Proposed Uses 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: 4 v — H `7 ,44(l � S P �` L 1 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. 11 I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date: -1 ' . Aa Nn A 2 Vf— >7 , 17t A %--I F -A Date: 14 Date: 9 - IT -06 Date: PROJECT HIGHLIGHTS • PROHIBITED USES • TRANSPORTATION IMPROVEMENTS PROGRESSIVE IMPROVEMENTS WIDENING SIGNALIZATION INTERSECTION IMPROVEMENTS TURNLANES RIGHT OF WAY DEDICATION . CONSERVATION RESTRICTIONS DEVELOPMENT SENSITIVE AREA CONSERVATION EASEMENT 50 FEET DSA BUFFER LINEAR PARK SYSTEM HISTORIC STRUCTURE INVENTORY SIGNAGE RESTRICTIONS FIRE AND RESCUE CONTRIBUTION AREA TABULATION PROPOSED M 1 AREA = 208 AC PROPOSED M2 AREA = 239 AC REMAINING RA AREA = 285 AC TOTAL AREA = 732 AC gr NARK D. SWTH N0.022837 DATE: 9/14/00 SCALE: N/A DESIGNED BY: AIDS JOB NO. 2760 SHEET 1 IF FINAL PLAT FOR BOUNDA`R'Y t ONIl` A5J`USTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF McCANN LAND TRUST STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA SEPTEMBER 22. 2000 �0e t RRte. 0.1 781 Old Charlestown o fi y�° AI Rte Rte. 761 c cej�ti° Rfs � g• �o�t� Rom, • ••: _ ... sb`x 5/TE G� J� a EXlr`oma �o 317 VICINITY m" 1" = 2000' OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN THE LANDS H. K. BENHAM, III, TRUSTEE OF THE McCANN LAND TRUST, AS APPEARS ON THE ACCOMPANYING PLATS, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES 0 , THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. COMMONWEALTH OF VIRGIN( CITY / G9� 47r OF �� 1 �_, TO WIT: THE FAREPOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS �Z' DAY OF eS4�oa�/ 2000 BY 71oo NOTARY PUBI;I MY COMMISSION EXPIRES `T �� 3 �O% 1. SURVEYOR'S CERTIFICATE I; U I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION SURVEY IS (i) A PORTION OF 'TRACT ON (ii OF 'TRACT TWO", AND (iii) ALL OF "TRACT THREE" CONVEYED TO H. BEN II, TR STEE OF THE McCANN LAND TRUST BY DEED DATED JULY 10, 1988 OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE IN DEED BOOK 697 AT PAGE 137. MARK D. SMITH. L.S. NOTE: PARENT TAX PARCEL IDENTIFICATION T.M. 44–A-31 DB 697 PG 137–TRACT THREE 96.2884 ACRES ZONE: RA USE: AGRI. T.M. 44–A-29 DB 697 PG 137–TRACT TWO 272.9345 ACRES ZONE: RA USE: AGRI. T.M. 44–A-40 DB 697 PG 137–TRACT ONE 141.17 ACRES± ZONE: RA USE: AGRI. APPROVALS: k •big= 10 00 COUNTY B (VISION ADMINISTRATOR D T GREENWAY EnyglneaaW1-51 Windy HW Lane lmchestrrr, VvOda 22602 suh%,— Tekphone- (540) 662-4185 Founded to 197( FAX- (540) M-9528 E-mail• ffl"en%wy g4djuafi&dc.c0m IRK D. SdM a No. 002009 �122e SURl- F2760 SHEET 1 OF 10 BK973PG 1340 1 2 6 '�9QprT y joo 4 5 7 111 'IN ION�N . . GN�O 14g5` ' 6Oj1e�� 12 10 11 13 14 qGP� MA 3o P Oc�RN R �o 46 45 7- 60 'Ql �a 'S 16 OVERHEAD J \/KIRES EXISTING D*nUNG HISTORIC STRUCTURE �Q \ NO. 34-729 - THOMAS Q V o �� ' \ \ McC4NN HOUSE. APPROX. LOC47ION OF EX DRNWELD BY Fl£LO INSPECTION. �o �; 8 ADJUSTED TAX -PARCEL 44—A-29 98.7235 ACRES ' 17 /X'gjOE \ / '0-2 cl < P18 100_BRc 70--0-;- f I BRL 19 y` / FORMER TRACT LINE .,� HEREBY VACATED. 100' BRL — T- 43 42 T.M. 44-A-293 CRIDER & SHOCKEY, INC. OF WEST V1RG/N14 500 0 500 DB 866 PG 1281 (TRACT ONE) ZONE- RA USE: AGRI. GRAPHIC SCALE (lN FEET) a FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF McCANN LAND TRUST y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIN o MARK SMITH a 0 No. 002009 SCALE: 1" = 500' DATE: SEPTEMBER 22, 2000 GREEN AY ENGINEERING W 1lecl-m ,("% 4'D SURF Orr dZ2"S FAX (540) 722-9528 Paws" to 1977 Email• gremwai'(&Wa&affb&A-com F2760 SHEET 2 OF .10 BK977PG1341 McCANN 3BROADVA. ROUTE MAGNE11G 19'5 30' PRESCRIPTAE R/W 59 62 58�o01 lfj 5 60 FA 56 60, 48 52 8\` \ 63 Oq�gCc ,yam H o 54 64 \ m 49 W 55 40 C4 051 X06 44� k �' o r� 2 qC X40 �� °-m 0 \ \ RFS 68 21 22 \BP 65 66\ 69 s \ so\ �o q `ILoU� \ 8 7172� .. `o 425 �O 1`� 71 0 c4 / x'129 30 70 [� C14 '� 31 � 34 8 ADJUSTED 32 35 s Q4� TAX PARCEL 44—A-31 so' M Q g 3 V� 273.2421 ACRES 8 � O 1/ � 39 _ 1DO' BRL BR1EL£IYLI BUILDING RESTRIC770N UNE FENCE UNE 40 PER ZONING ORDINANCE - CENTERLINE OF ROADWAY 41 R/W RIGHT OF WAY T.M. 44-A-292 CRIDER & SHOCKEY, INC. OF WEST IIRGIN14 DB 866 PG 1281 (724CT TWO) 500 0 500 ZONE' RA USE. AGRI. a GRAPHIC SCALE (IN FEET) FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF c� T = McCANN LAND TRUST STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA- SCALE: IRGIN SCALE: 1" = 500' DATE: SEPTEMBER 22, 2000 MARK D. (Tl i a No.002009 E GREEI�WI�Y ENGINEERINGl,��D • Z 2 • v �a4 Surveyors 7. er '(i)) L662-4185 SURF PAX (540) 722-9528 Fwmded fn 1971 E-mQfk gmnway�com F2780 SHEET 3 OF 10 T AREA TABULA noIV BK 9 i PG 1342 T.M. 44—A-31 EXISTING AREA OF T.M. 44—A-31 (BY SURVEY) = 96.2884 ACRES PLUS POR77ON OF T.M. 44—A-29 ADDED (BY SURVEY) +176.95J6 ACRES ADJUSTED AREA = 273.2421 ACRES T.M. 44—A-29 EXISTING AREA OF T.M. 44—A-29 (BY SURVEY) = 272.9345 ACRES LESS PORTION ADDED TO T.M. 44—A-31 (BY SURVEY) = —176.9536 ACRES PLUS PORTION OF T.M. 44—A-40 ADDED (BY SURVEY) = t 2.7426 ACRES ADJUSTED AREA - 98.7235 ACRES T.M. 44-A-40 EXIS77NG AREA OF T.M. 44-A-40 (PER DEED) _ LESS NEW TAX PARCEL 44 -A -40A (BY SURVEY) _ LESS POR77ON ADDED TO T.M. 44-A-29 (BY SURVEY) _ REMAINING -AREA WEST OF CSX. RAILROAD = I MiagnIew4ril 141.17 f ACRES - 40.1062 ACRES - 2.7426 ACRES 98.32 f ACRES T.M. 44—A-25 T.M. 44—A-39 HARRY L. McCANN ESTATE HARRY L. McC4NN ESTATE ® SEF WILL BOOK 109 PG 1110 © SEE WILL BOOK 109 PG 1110 ZONE- RA SEE ALSO DB 191 PG 402 & DB 91 PG 173 USE. AGRICULTURAL ZONE. RA USE: VACANT NOTES THE BOUNDARY INFORMA77ON SHOWN HEREON IS BASED ON A CURRENT R£LD SURVEY BY THIS ARM. NO 777LE REPORT FURNISHED. EASEMENTS MAY EXIST WHICH ARE NOT SHOWN. SEF SHEETS 5-9 FOR METES AND BOUNDS DESCRIPTIONS OF THE PARCELS AS ADJUSTED HERE7N. INCLUDED WITHIN THE BOUNDS OF THE TRACTS SHOWN HEREON IS A LOT PURPORTED TO CONTAIN ONE ACRE, MORE OR LESS, WHICH WAS THE S17E OF THE -MILBURN MEE77NG HOUSE" THE LOCA77ON OF THE STONE FENCE SURROUNDING THE 'MILBURN CEMETERY, IS SHOWN HEREON, HOWEVER NO EVIDENCE OF THE MEE77NG HOUSE LOCATION COULD BE DETFRYINED BY RELD INSPECTION. A DEED OF RECORD IN DEED BOOK 60 AT PAGE 402 CONTAINS AN EXCEP770N FOR A LOT CONTAINING ONE ACRE DEVISED BY JOHN MILBURN, DECEASED TO THE METHODIST EPISCOPAL CHURCH INCLUDING THE MEE77NG HOUSE AND BURYING GROUNDS, ' HOWEVER NO FURTHER DESCRIPTION OF SAID LOT COULD BE FOUND OF RECORD AND, AS SUCH, 177E BOUNDARIES OF SAID LOT COULD NOT BE DETERMINED. NO RELD EVIDENCE OF POSSESSION BEYOND THE LIMITS OF SAID STONE FENCE WAS OBSERVED AT THIS DATE: THE AREA ENCLOSED WITHIN SAID FENCE IS APPROXIMATELY 0.34 ACRE. FINAL PLAT FOR BOUNDARY LINE ADJUSTMENT AND MINOR RURAL SUBDIVISION OF THE LANDS OF N H McCANN LAND TRUST STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA oa � MARK D. S I SCALE: NIA DATE: SEPTEMBER 22, 2000 No. 002009 GREE AY ENGINEERING • ZZ �o� 151 RW Lane T�(�2-4 85 D SUR` ' FAX (540) 712-9528 FowmW In 1977 E-mail com F2760 SHEET 4 OF 10 METES AND BOUNDS DESCRIPTIONS BX 9 7 7 PG 1 3 4 3 The accompanying plat represents a Boundary Line Adjustment and Minor Rural Subdivision Survey of (i) a portion of "Tract One", (ii) all of "Tract Two", and (iii) all of "Tract Three" conveyed to H. K. Benham, III, Trustee of the McCann Land Trust by deed dated July 10, 1988 of record in the office of the Clerk of the Circuit Court of Frederick County in Deed Book 697 at Page 137. The said land fronts the southern boundary of Old Charlestown Road (Va. Route 761) and lies on the northeast side of McCanns Road (Va. Route 83 8) and on both sides of Milbum Road (Va. Route 662), near Stephenson, in Stonewall Magisterial District, Frederick County, Virginia and is more particularly described by metes and bounds as follows: ADJUSTED TAX PARCEL 44-A-31 Beginning at (1) a point in the center of Milburn Road (Va. Route 662) and in a line of Harry L. McCann Estate; thence with the center of said road and said McCann Estate for the following fourteen courses: N 36000'53" E —174.8,3' to (2) a point of curvature of a curve to the right; thence 350.00' along the arc of said curve, having a radius of 54,691.24' and a chord bearing N 36111'53" E for a distance of 350.00' to (3) the point of tangency; thence N 36022'53" E — 32.67' to (4) a point of curvature of a curve to the left; thence 139.61' along the arc of said curve, having a radius of 765.59' and a chord bearing N 31°09'26" E for a distance of 139.42' to (5) the point of tangency; thence N 25055'59" E — 65.87' to (6) a point of curvature of a curve to the right; thence 119.55' along the arc of said curve, having a radius of 561.23' and a chord bearing N 32°02'07" E for a distance of 11932' to (7) the point of tangency; thence N 38008'15" E — 34.32' to (8) a point of curvature of a curve to the left; thence 149.98' along the arc of said curve, having a radius of 4,100.23' and a chord bearing N 37105'23" E for a distance of 149.97' to (9) the point of tangency; thence N 36002'30" E —106.42' to (10) a point of curvature of a curve to the left; thence 149.99' along the arc of said curve, having a radius of 6,328.14' and a chord bearing N 35°21'45" E for a distance of 149.99' to (11) the point of tangency; thence N 34041'01" E — 26.61' to (12) a point of curvature of a curve to the right; thence 109.96' along the arc of said curve, having a radius of 1,611.28' and a chord bearing N 36038'19" E for a distance of 109.94' to (13) the point of tangency; thence N 38035'37" E — 98.74' to (14) a point of curvature of a curve to the right; thence 149.95' along the arc of said curve, having a radius of 719.34' and a chord bearing N 44033'55" E for a distance of 149.68' to (15) a point corner to "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-29 described below); thence with the existing boundary of"Tract Two" (and Adjusted Tax Parcel 44-A-29) for the following three courses: S 30036'46" E, passing over a''/x" iron rebar set at 15.18', and continuing 1,050.67' in all to (16) a post at a fence corner, thence S 48046'50" E — 1,525.27' to (17) a post at a fence corner; thence File 2760 Sheet 5 of 10 BK977PG 1344 N 61035'02" E — 701.37' to (18) a post at a fence comer; thence along new division lines through said "Tract Two" (and with Adjusted Tax Parcel 44-A-29) for the following two courses: N 20°00'00" E — 1,130.00' to (19) a''/2" iron rebar set; thence N 50°38'35" W, passing over a'/2" iron rebar set at 2,356.87', and continuing 2,371.87' in all to (20) a point on curve in the center of Milburn Road (Va. Route 662)and in a line of "Tract One" conveyed to the McCann Land Trust as referenced above (and comer to Adjusted Tax Parcel 44- A-29 described below); thence with the existing boundary of"Tract One" and the center of said road (and with Adjusted Tax Parcel 44-A-29 and then New Tax Parcel 44 -A -40A) 91.00' along the arc of a curve to the left, having a radius of 3,679.69' and a chord bearing N 3936'19" E for a distance of 91.00' to (21) the point of tangency; thence continuing with said "Tract One" and the center of said road (and New Tax Parcel 44 -A -40A) for the following seven courses: N 38053'48" E —186.74' to (22) a point of curvature of a curve to the left- thence 200.00' along the arc of said curve, having a radius of 18,683.23' and a chord bearing N 38°35'24" E for a distance of 200.00' to (23) the point of tangency; thence N 38017'00" E — 937.80' to (24) a point of curvature of a curve to the left; thence 199.99' along the are of said curve, having a radius of 8,233.72' and a chord bearing N 3735'15" E for a distance of 199.99' to (25) the point of tangency; thence N 36053'30" E — 32.79' to (26) a point of curvature of a curve to the right; thence 200.00' along the arc of said curve, having a radius of 33,188.12' and a chord bearing N 37103'51" E for a distance of 200.00' to (27) the point of tangency; thence N 37014'13" E -179.40' to (28) a point in the center of Milburn Road (Va_ Route 662) at the southwestern terminus of the dedicated right-of-way; thence with the southwestern boundary of said right-of-way S 51020'19" E — 20.00' to (29) a'/2" iron rebar set in the southeastern boundary of Milburn Road (Va. Route 662) at the southwestern terminus of the dedicated right-of-way; thence with the southeastern boundary of Milburn Road for the following five courses: N 44022'19" E —100.50' to (30) a'h" iron rebar set, thence N 38039'41" E — 50.00' to (31) a '/z" iron rebar set; thence N 34050'51" E — 75.17' to (32) a %2" iron rebar set; thence N 40017'53" E —175.07' to (33) a %2" iron rebar set- thence N 70041'13" E — 48.68' to (34) a '/2" iron rebar set on curve in the southern boundary of Old Charlestown Road (Va. Route 761); thence with said road boundary for the following four courses: 110.67' along the arc of a curve to the left, having a radius of 1,175.92' and a chord bearing S 67°20'21" E for a distance of 110.63' to (35) a'/" iron rebar set at the end of said curve; thence S 70056'07" E —128.58' to (36) a '/2" iron rebar set; thence S 81040112" E — 133.10' to (37) a'/2" iron rebar set; thence S 82045'21" E — 75.92' to (38) a'/2" iron rebar set corner to Norwood T. O'Roark, et ux; thence with said O'Roark File 2760 Sheet 6 of 10 BK977PG 1345 S 34027'06" E — 1,240.13' to (39) a set stone found corner to Crider & Shockey, Inc. of West Virginia; thence with Crider & Shockey, Inc. of West Virginia for the following two courses: S 34048'38" E — 730.45' to (40) a dead tree at a fence comer, thence S 14009'44" W —1,498.57' to (41) a set stone found comer to a second tract of Crider & Shockey, Inc. of West Virginia; thence with said second tract of Crider & Shockey, Inc. of West Virginia for the following two courses: S 15°51'49" W — 2,139.90' to (42) a set stone found; thence S 13056'58" W — 425.55' to (43) a post at a fence corner, corner to Shockey/Dulles, L.C.; thence with Shockey/Dulles, L.C. for the following two courses: S 59006'01" W — 514.78' to (44) a post at a fence corner; thence N 64036'29" W, passing over a'/2" iron rebar found corner to Shockey/Dulles, L.C. at 3,834.28', and continuing 3,849.47' in all to (1) the point of beginning. Containing................................................ ............................. 273.2421 Acres. ADJUSTED TAX PARCEL 44-A-29 Beginning at (15) a point on curve in the center of Milburn Road (Va. Route 662) and in a line of Harry L. McCann Estate, corner to "Tract Three" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-31 described above); thence with the center of said road and said McCann Estate for the following seven courses: 9.39' along the arc of a curve to the right, having a radius of 719.34' and a chord bearing N 50154'43" E for a distance of 9.39' to (45) the point of tangency; thence N 51017'08" E — 37.36' to (46) a point of curvature of a curve to the left; thence 119.59' along the arc of said curve, having a radius of 592.80' and a chord bearing N 45130'22" E for a distance of 119.39' to (47) the point of tangency; thence N 39043'36" E — 570.62' to (48) a point of curvature of a curve to the right; thence 150.00' along the arc of said curve, having a radius of 10,071.34' and a chord bearing N 40009112" E for a distance of 150.00' to (49) the point of tangency; thence N 40034'48" E —19.70' to (50) a point of curvature of a curve to the left; thence 39.94' along the arc of said curve, having a radius of 2,913.16' and a chord bearing N 40°11' 16" E for a distance of 39.94' to (51) a point of intersection with the center of McCanns Road (Va. Route 838), corner to Harry L. McCann Estate and "Tract One" conveyed to the McCann Land Trust as referenced above; thence with the center of said road and said McCann Estate along the existing boundary of said "Tract One" for the following two courses: N 62020'21" W — 206.70' to (52) a point of curvature of a curve to the right; thence 51.94' along the arc of said curve, having a radius of 804.83' and a chord bearing N 60029'26" W for a distance of 51.93' to (53) a point corner to New Tax Parcel 44 -A -40A; thence along new division lines through said "Tract One" (and with New Tax Parcel 44 -A -40A) for the following two courses: N 37°50'18" E, passing over a'/2" iron rebar set at 15.10', and continuing 479.68' in all to (54) a '/2" iron rebar set; thence File 2760 Sheet 7 of 10 BK977PG 1346 S 52°20'40" E, passing over a'/2" iron rebar set at 253.21', and continuing 268.21' in all to (55) a point on curve in the center of Milburn Road (Va. Route 662) and in the existing boundary of "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-31 described above)- thence with the center of said road and said "Tract Two" (and with Adjusted Tax Parcel. 44-A-31) 75.44' along the arc of a curve to the right, having a radius of 3,679.69' and a chord bearing S 39°43'34" W for a distance of 75.44' to (20) a point corner to Adjusted Tax Parcel 44-A-31; thence along new division lines through said "Tract Two" (and with Adjusted Tax Parcel 44-A- 3 1) 4-A-31) for the following two courses_ S 50138'35" E, passing over a'/2" iron rebar set at 15.00', and continuing 2,371.87' in all to (19) a'/2" iron rebar set; thence S20-00100- W -1,130.00' to (18) a post at a fence comer, corner to "Tract Three" conveyed to the McCann Land Trust as referenced above-, thence with the existing boundary of said "Tract Three" (and continuing with Adjusted .Tax Parcel 44-A-31) for the following three courses: S 61035'02" W - 701.3,7' to (17) a post at a fence corner, thence N 48046'50" W -1,525.27' to (16) a post at a fence corner; thence N 30°36'46" W, passing over a'/2" iron rebar set at 1,035.49', and continuing 1,050.67' in all to (15) the point of beginning. Containing .................. 98.7235 Acres. NEW TAX PARCEL 44 -A -40A Beginning at (55) a point on curve in the center of Milburn Road (Va. Route 662) and in the existing boundary between "Tract One" and "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-29 described above); thence along new division lines through said "Tract One" (and with Adjusted Tax Parcel 44-A-29) for the following two courses: N 52°20'40" W, passing over a'/2" iron rebar set at 15.00', and continuing 268.21' in all to (54) a'/2" iron rebar set; thence S 37°50'18" W, passing over a'/2" iron rebar set at 464.58', and continuing 479.68' in all to (53) a point on curve in the center of McCanns Road (Va. Route 838) and in a line of Harry L_ McCannEstate; thence with the center of said road and said McCann Estate for the following five courses: 127.31' along the are of a curve to the right, having a radius of 804.83' and a chord bearing N 54106'34" W for a distance of 127.18' to (56) the point of tangency; thence N 49034'41" W -171.96' to (57) a point of curvature of a curve to the right, thence 299.99' along the arc of said curve, having a radius of 20,064.30' and a chord bearing N 49008'59" W for a distance of 299.99' to (58) the point of tangency -thence, N 48043'17" W - 42.07' to (59) a point of curvature of a curve to the right- thence 45.15' along the arc of said curve, having a radius of 1,587.35' and a chord bearing N 47°54'23" W for a distance of 45.15' to (60) a point in the southeastern boundary of the C.S.X. Railroad (said point being located 30 feet southeast of the centerline of the rails); thence with said railroad boundary for the following nine courses: File 2760 Sheet 8 of 10 r OX977PG 1347 N 49°36'23" E, passing over a'/z" iron rebar set at 15.10', and continuing 286.29' in all to (61) a '/z" iron rebar set; thence N 40023'37" W — 10.00' to (62) a'/z" iron rebar set (said rebar being located 20 feet southeast of the centerline of the rails); thence N 49°36'23" E — 1,063.00' to (63) a'/2" iron rebar set; thence S 401023137" E — 5.00' to (64) a'/2" iron rebar set (said rebar being located 25 feet southeast of the centerline of the rails); thence N 49036'23" E — 661.33' to (65) a''/2" iron rebar set at a point of curvature of a curve to the left; thence 76.00' along the arc of said curve, having a radius of 5,754.58' and a chord bearing N 49013'41" E for a distance of 76.00' to (66) a'/2" iron rebar set; thence N 41009101" W — 5.00' to (67) a'/2" iron rebar set on curve (said rebar being located 20 feet southeast of the centerline of the rails); thence 501.75' along the arc of a curve to the left, having a radius of 5,749.58' and a chord bearing N 46020'59" E for a distance of 501.59' to (68) a ''/2" iron rebar set at the end of said curve; thence N 43018'02" E — 97.25' to (69) a'/2" iron rebar set corner to Harry L. McCann Estate; thence with said McCann Estate S 64038'35" E — 449.31' to (70) a '/2" iron rebar set in the northwestern boundary of Milburn Road (Va. Route 662); thence with said road boundary for the following three courses: S 37001'30" W —126.86' to (71) a'/" iron rebar set; thence S 38039'41" W —100.00' to (72) a'/2" iron rebar set; thence S 30007'50" W —101.12' to (73) a'/" iron rebar set at the southwestern terminus of the dedicated right-of-way; thence with the southwestern boundary of said right-of-way S 51020'19" E —10.00' to (28) a point in the center of Milburn Road (Va. Route 662) and in the existing boundary of "Tract Two" conveyed to the McCann Land Trust as referenced above (and corner to Adjusted Tax Parcel 44-A-31 described above); thence with the center of said road and the existing boundary of said "Tract Two" (and with Adjusted Tax Parcel 44-A-31) for the following eight courses: S 37014'13" W —179.40' to (27) a point of curvature of a curve to the left; thence 200.00' along the arc of said curve, having a radius of 33,188.12' and a chord bearing S 37103'51" W for a distance of 200.00' to (26) the point of tangency; thence S 36053'30" W — 32.79' to (25) a point of curvature of a curve to the right; thence 199.99' along the arc of said curve, having a radius of 8,233.72' and a chord bearing S 37°35'15" W for a distance of 199.99' to (24) the point of tangency; thence S 3801700" W — 937.80' to (23) a point of curvature of a curve to the right; thence 200.00' along the are of said curve, having a radius of 18,683.23' and a chord bearing S 38135'24" W for a distance of 200.00' to (22) the point of tangency; thence S 3805348" W — 186.74' to (21) a point of curvature of a curve to the right; thence File 2760 Sheet 9 of 10 COkkoNWEALTH OF VIRGINIA | .. .s . « .. »9T:.2eA,m_m.55 e. ` 3 rEs.. ; K7 :N--- J ..4A e. E [ ncCrZ .A: -jA; »5 ` - sA» & !4! VELFA 111 z00 m 25P.qD DE AA DEE. ®i .5 = ' ERS # 'A § TaL 6 T ..�O-UNT mB }\ a� ,. < . "'4NSE 4M.r: R E E: ,P— 2:} ' DC-18 _ MW -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Adjoining property owners NAME and PROPERTY IDENTIFICATION # ADDRESS ZONING 1. H.K. Benham, III PO Box 809, Winchester, VA 22604 RA 44 -A -40,,'44-A-31, 44-A-29 2. Shockey/Dulles, LC 44-A-3 IA -- 3. 3. Holy Trinity Mission Seminary 44-A-294 4. Crider & Shockey of West Virginia 44-A-292 5. Harry L. McCann 44-A-39 -- 6. Robert C. & Alcesta R. Dyke 44-A-38; 44-A-37, 44-A-36 7. Shirley M. Strosnider 44 -A -35,-44-A-34 8. Terry L. & Evelyn G. Jenkins 44-A-33; 44-A-32 9. Anna B & Lester W. McKee 44-A-139' 10. David & Louise Scott 44-A-140---1 11. Ray G. & Ruth J. Keiter 44-A-141 �' 12. Betty Lou Bragg 44-A-142, 44 -A -138B 13. Bobby D. Law 44-A-143 14. Walter I & Audrey L. Mayers 44-A-1441-- 15. Norma L. Stewart 44-A-145, 16. Randolph C. & Katherine E. Trenary 44-A-146 . - 17. Timothy J. & Wanda K. Weaver 44-A-147,, 18. David Calvin & Scarlet M. Jenkins 44- A-148 19. James R. & Mary P. Russell 44-A-149 20. Glenn A. & Betty A. Stultz 44 -A -150,`44-A-151 21. Ray E. & Christine E. Spitzer 44-A-153 ✓ PO Box 2530, Winchester, VA 22604 RA PO Box 8, Stephenson, VA 22656 RA PO Box 2530, Winchester, VA 22604 RA PO Box 809, Winchester, VA 22604 RA 293 Old Charles Town Road, Stephenson, RA VA 22656 327 Old Charles Town Road, Stephenson, RA VA 22656 357 Old Charles Town Raod, Stephenson, RA VA 22656 102 Fairway Dr, Winchester, VA 22602 RA 400 Old Charles Town Road, Stephenson, RA VA 22656 410 Old Charles Town Road, Stephenson, RA VA 22656 420 Old Charles Town Road, Stephenson, RA VA 22656 432 Old Charles Town Road, Stephenson, RA VA 22656 442 Old Charles Town Road, Stephenson, RA VA 22656 454 Old Charles Town Road, Stephenson, RA VA 22656 466 Old Charles Town Road, Stephenson, RA VA 22656 478 Old Charles Town Road, Stephenson, RA VA 22656 879 Dicks Hollow Road, Winchester, RA VA 22603 502 Old Charles Town Road, Stephenson, RA VA 22656 518 Old Charles Town Road, Stephenson, RA VA 22656 540 Old Charles Town Road, Stephenson, RA VA 22656 22_ Robert Eugene Vuillermet 550 Old Charles Town Road, Stephenson, RA 44-A-154-- VA 22656 23. John R- Strother 560 Old Charles Town Road, Stephenson, RA 44-A-155.,, VA 22656 24. R- Charles & Kay K. Hott 572 Old Charles Town Road, Stephenson, RA 44-A-156✓ VA 22656 25. Helen I. DeHaven 582 Old Charles Town Road, Stephenson, RA 44-A-157; 44-A-158 VA 22656 26. Jean K. Gray c% Jean Nicholson PO Box 151, Stephenson, VA 22656 RA 44-A-161 -' 27. Ellen Elaine Getts 660 Old Charles Town Road, Stephenson, RA 44-A-162 ✓ VA 22656 28. Juanita M. Ritter 688 Old Charles Town Road, Stephenson, RA 44-A-163;° A -164,44-A-165 VA 22656 29. Robert H. Russell 532 Old Charles Town Road, Stephenson, RA 44-A-166% VA 22.656 30. Norwood T. & Laura W. O'Roark 380 Old Charles Town Road, Stephenson, RA 44 -A -138A✓ VA 22656 31. David R. & Rhonda G. Madison 133 Parkins Lane, Winchester, VA 22602 RA 44-A-13 8 32. William Ray & Helen Christine Zirkle 614 Old Charles Town Road, Stephenson, RA 44C -2-A-/ VA 22656 33. Charles S. & Mary A. Jobe 634 Old Charles Town Road, Stephenson, RA 44C -2-B Z VA 22656 34. Terry L. & Connie S. Bly 644 Old Charles Town Road, Stephenson, RA 44C -2-D ✓ `J VA 22656 ADb 0-1 Dy1P,-, P f M1! 3 O 4d -- 7-c3- ; 44-A-Z� 2 4-4--A -131 44-A - UP -7 44--A-fc�9� 4-+-i+ - 1`70 A;. - 20'Z -Zo?� , *4-4-A -7-04 l *44-A, -7.0S7 , 44-A }A44-4 ' C'I eaa 44-A-20-7) . A -4 -A -2-0R- 44--A z0' 1 A i �q-r3 ; 44-.� ;�,� 4--- J _ 44--A 4+-A-;-1 4-4--A -zZa� 4-4-x? - 22-1 4-A -zz +4-A 44 -A -7-24j 44-A- 7-7-54�-A-7-7-e ; 44-A -Z2$d 4.4-4-2-31 44, A _A -2 2 ; (5..4-A -73j 44--A-7-3`f ? ¢4-A- ��5 } 4g -A -F ti� %�=}= --�37 d � 44—x-238? 4 -/t -Z-vS� 411--A-2S� � 4-4-A-2',�-�� 44-ij 44-A-�4a�S 45-9-3-1 ¢5-9-3 a '� 55-7-�� 59-7-14-) 55--7 � -,q - a - 44- A - z � � ; 4-+-A-2-14- ; �- - - Z }.5 , 44 - ZIP 4-4 X41{ --A. - 231 A IMPACT STATEMENT LAND OF MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING APPLICATION SEPTEMBER 1, 2000 Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering September 1, 2000 Shockey Rezoning MID -ATLANTIC INDUSTRIAL & TECH CENTER INTRODUCTION This report has been prepared for the purpose of assessing the impact on Frederick County by the proffered rezoning of a 447 -acre parcel owned by Crider & Shockey of West Virginia. The subject site, tax parcels 44-A-31, 44-A-292, 44-A-293, is located east of Route 662 (Milburn Road), south of Route 761 (Old Charles Town Road), and southwest of Route 664 (Jordan Springs Road). A CSX Railroad line lies to the west of the property and a small distance further west is Route 11 (Martinsburg Pike). The current zoning is RA. Crider & Shockey proposes to rezone 208 acres to light industrial (M1) and 239 acres to general industrial (M2) in order to create an Industrial Park. The proposed zone line is shown on a zoning plat prepared by Mark D. Smith, P.E., L.S., dated September 8,2000. COMPREHENSIVE PLAN The site is being proposed to be developed in conformance with the Comprehensive Plan, Northeast Land Use Study. Within the limits of the study, the property will consist of industrial and residential development. There is also an area designated as a Developmentally Sensitive Area (DSA) along Milburn Road. With this proposed rezoning, we are establishing restrictions in the DSA area and following the industrial and residential areas as outlined in the Northeast Land Use Study. SITE SUITABILITY Access The subject property is strategically located 1 / 2 mile east of US Route 11 (Martinsburg Pike) and south of Route 761 (Old Charles Town Road). Access to the site is proposed off Route 761. Route 662 (Milburn Road) and the CSX Railroad run along the western side of the property. An I-81 interchange (the Stephenson exit) is within 1.5 miles from the proposed site access point. No industrial access along Milburn Road is proposed. Flood Plains The subject site is located on FEMA NFIP map # 510063-0110-B. Most of the site is located within a "ZONE C" area. "Matt's Run", which is in a 100 -year flood plain, is classified as a "Zone A" area and runs through the southern and western portion of the property. The developable portions of the site are outside the 100 -year flood plain. Wetlands Soil types on the property are well drained. Predominantly, there are gentle slopes. However, there are some steep slopes, especially in the immediate area on Hiatt's Run. There are also 6 Greenway Engineering September 1, 2000 Shockey Rezoning small man-made farm ponds that fill after rainstorms and feed "fingers" into Hiatt's Run, which naturally drains the site to the east. In addition, the National Wetlands Inventory Map indicates wetlands in these 6 ponding areas. By scale, these areas have an approximate surface area of 4 acres. Anv disturbance of these pond areas will be in conformance with all Corps of Engineers permitting procedures. Mature Woodlands The subject site is predominantly open fields, with some mature scrub areas, and trees along fence lines. The acreage may be developed under the proposed zonings and still easily meet the zoning ordnance requirement of no more than 25% disturbed trees. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick CoIMIL by the USDS Soil Conservation Service. The subject site is located on map sheet nos. 24 and 25, and contains four different soil types: Berks-Channery Loam covers approximately 30% of site Weikert-Berks Channery Loam covers approximately 50% of site Clearbrook Channery Loam covers approximately 15% of site Frederick-Poplimento Loam with rock outcropping covers approximately 5% of site Prime Agricultural Soils All of the aforementioned soils do not support crops without fertilization, liming, and soil management. They do support pasture for livestock and hay cultivation if there is adequate rainfall. Weikert-Berks loam soils are listed as moderately to poorly suited for pasture and hay cultivation. Steep Slopes - 15% and Greater There are steep slopes 15% or greater on approximately 25% of the subject site. Most of the area is drainage for Hiatt's Run. Some areas are for drainage into fingers which feed Matt's run. Development should not disturb more than 25% of these slopes. The predominant feature on the site is gentle sloping fields. Construction Concerns Shrink swell characteristics of the predominate soils are listed as low and therefore, will not be a major construction consideration. Depth of shale bedrock will average 30" on most of the site. There are limestone outcroppings on the western boundary of the site. Therefore, rock excavation for utilities, grading, and building pads could be a major consideration for construction and development. 2 Greenway Engineering September 1, 2000 Shockey Rezoning SURROUNDING PROPERTIES • The subject site is bounded on the north by Route 761 (Old Charles Town Road) and Route 664 (Jordan Springs Road). There are ±60 single dwelling lots on this boundary. Buffering per zoning requirements require 100' total buffer with tree screen. This will be required on houses along Route 761. • For dwellings along Route 664, future residential development is planned. Therefore, the requested boundary of ML/M2 rezoning parallel to Route 664 shall also have a buffer of 100' with tree screening to protect future residences. • The site is bounded on the east and south by agricultural pastureland that requires buffering. • The northwest portion of the site is bordered by Route 662 (Milburn Road) and a comer of Milburn Cemetery that has historical entries. • To the west and parallel to Route 662 (Milburn Road), there is also the CSX Railroad which may be used in the future to provide rail service in the requested rezoned area. A minimum 100' buffer with screen will be required between all rezoned property and residential areas. This will insure adequate distances between new buildings and existing residences to reduce to negligible levels the impact of noise, light, or odors on neighboring lots generated by business on the subject site within the proposed zonings. TRAFFIC IMPACT This traffic impact for this proposed site can be expressed by calculating the average vehicle trip ends generated by the proposed rezoning on 447 acres to 208 acres of M1 (Light Industrial District) and 239 acres of M2 (Industrial General District). These two zoning districts create an Industrial and Tech Park with a mix of manufacturing, warehousing and technical industries of different sizes. The exact mix and size of industries will be determined and approved as buildout occurs. • Engineering estimate of developable land M1 District —166 ± acres M2 District —119 f acres Total 285 f acres • Maximum Business and Industrial Intensity (per Frederick County Zoning Codes) M1 District — 24,750 sf/acre (sf Structure/Acre) M2 District — 28,050 sf/acre (sf Structure/Acre) Greenway Engineering September 1, 2000 Shockey Rezoning For M1— 24,750 (166) = 4,108,500 sf Structure For M2 — 28,050 (119) = 3,338,000 sf Structure Total 7,446,500 sf Structure Maximum • From the Institute of Traffic Engineers Trip Generation Manual, 6th edition, volume 1 Land Use: Industrial Park (13 0) Peak Hour: Between 4pm — 6pm on Weekday At 100% Buildout (Maximum): Adjacent street traffic — (0.92 Average trips) (7447) = 6851 trips 1000 sf Site generated traffic — (0.86 Average trips) (7447) = 6404 trips 1000 sf At 50% Buildout (Practical) Adjacent street traffic — (0.92 Average trips) (3723) = 3425 trips 1000 sf Site generated traffic — (0.86 Average trips) (3723) = 3203 trips 1000 sf Land Use: Industrial Park (130) Average Vehicle Trip Ends At Practical Buildout: 3,723,250 sf (6.96) = 25,914 VPD 1000 sf It can be assumed that the present agricultural use of the subject site contributes negligible vehicle trip ends to the exiting roadway system. Route 761 (Old Charles Town Road) will be the means of ingress and egress to the subject site and will route most of the increased traffic west to Route 11 (Martinsburg Pike). By proffer, improvements to Route 761 (Old Charles Town Road) and Route 11 (Martinsburg Pike) will be contracted in cooperation with and according to VDOT requirements at such time as the traffic growth of the Park is projected to exceed a service level of C. All site plans must be submitted to VDOT for review and approval. WATER SUPPLY The maximum design consumption for the subject site may be calculated as follows: Water consumption for a commercial/industrial site - 4 Greenway Engineering September 1, 2000 Shockey Rezoning *Q = 3500 — 7500 gpd/acre say Q = 5000 gpd/acre for Ml/M2 Q max = 5000 gpd X 447 acres = 2,350,000 gpd * From the City of Harrisonburg Design and Construction Manual Table 4-2 Therefore, the maximum water usage for the subject site is 2,350,000 gpd. There is an existing 10" diameter water main along Martinsburg Pike that services the Stonewall District. SEWAGE CONVEYANCE AND TREATMENT The subject site is within the southeastern portion of the Sewer and Water Service Area (SWSA). Based on water consumption at full buildout, the proposed zoning will add 2,350,000 gpd to the public sewage conveyance system and the Opequon Waste Water Treatment Facility. DRAINAGE Currently, the runoff from approximately 447 acres drains into fingers, natural streams, and drainage ditches. These conveyances flow into Hiatt's Run which flows east and off the site. The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Q=CIA Existin C = 0.30 (pasture) ho = 5.1 in/hr (15 min) A = 447 acres Qio = 684 cfs Reference-VDOT Drainage Manual Proposed C = 0.90 (commercial) Iio = 5.5 in/hr (10 min) A = 447 acres Qio = 2212 cfs Development of the subject site at maximum buildout will therefore result in an increased runoff of 1528 cfs. A detailed stormwater evaluation shall be included with any site plan submittals. When development of the site requires it, detention ponds and/or sediment traps will be built to control storm water discharge into the above referenced streams and Hiatt's Run. By controlling runoff of the site, the impact of developing the subject site on Hiatt's Run will be within acceptable limits. 5 Greenway Engineering September 1, 2000 Shockey Rezoning SOLID WASTE DISPOSAL Using Fairfax County design requirements, the following calculations were made to estimate the maximum impact of solid waste generated by the proposed rezoning of the subject site. At 100% buildout of 7,447,000 sf Building Industrial waste generated rate = 3210 lb 1000 sf/yr Total solid waste = 7,447,000 sf X 32101b 1000 sf/yr Maximum total solid waste =11,952 tons/year At 50% buildout of 3,723,500 sf BuildiriQ Industrial waste generated rate = 3210 lb 1000 sf/yr Total solid waste = 3,723,500 sf X 32101b 1000 sf/yr Total solid waste at 50% = 5976 tons/year It should be emphasized that the above calculations do not include any recycling by industry. Most industries recycle a large percentage of their waste stream due to economics and cooperation with local landfill authorities. Therefore, the above calculations are generally conservative and indicate a "worst-case scenario" of maximum impact for solid waste generation. HISTORIC SITES AND STRUCTURES Route 662, Milburn Road, boundaries the western portion of the site. Also, one comer of Milburn Cemetery is on the western boundary of the site. These two entities lie within a DSA as defined by the Northeast Land Use Study of the Frederick County Planning Department. The Samuel Byers House, File #34-1124, is located in the approximate center of the site. This site and house may be considered significant by the Historic Resources Advisory Board. COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site has been estimated by the Frederick County Capital Facilities Impact Model. Please refer to Appendix 3. OTHER IMPACTS No additional impacts are foreseen by the proffered development of the subject site. 6 Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. September 22, 2000 and TechCenter MID -ATLANTIC INDUSTRIAL & TECH CENTER REZONING Tag Parcels 44-A--31, 44-A-2921,44-A-2937 Stonewall Magisterial DistrnCt 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 # 04-00 for the rezoning of approximately 447 acres from the Rural Area (RA) zoning district to 208 acres Light Industrial (Ml) and 239 acres General Industrial (M2) zoning district. Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except tdthe extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Crider and Shockey, Inc. of West Virginia, being all or part of Tax Map Parcels 44-A-31, 44-A-292, and 44-A-293, and further described by zoning plat prepared by Mark D. Smith, P.E., L.S., dated September 8, 2000. A.) Prohibited Uses The following uses shall not be permitted on the proposed Industrial Park: Description Sic Meat Packing Plant 2011 Poultry Slaughtering and Processing 2015 Animal and Marine Fats and Oils 2077 Logging 241 Wood Preserving 2491 Pulp Mills 261 Paper Mills 262 Paperboard Mills 263 Cellulosic Manmade Fibers 2823 Leather Tanning and Finishing 311 Glass Manufacturing 321-322 Cement, Hydraulic 324 Ordnance and Accessories 348 Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. September 22, 2000 and TechCenter Refuse Systems 4953 Junkyards Consumer Recycling B.) Transportation r 1.) Access a. Industrial road access is hereby prohibited along Milbum Road to access the portions of the properties rezoned. b. An industrial access entrance is proposed on Old Charles Town Road (Route 76 1) approximately 300 feet east of the intersection of Milburn Road and Old Charles Town Road. Frontage improvements, such as widenings, turn lanes, and shoulder improvements, shall be installed when determined by the Virginia Department of Transportation to maintain a level of service of C or better. c. A secondary emergency access will be incorporated into the master development plan at approximately 700 feet southeast of the intersection of Stephenson Road and Old Charles Town Road. This access will be gated and only used for emergency purposes. This second access may be used as a permanent access if warranted by traffic count and safety reasons as determined by the Virginia Department of Transportation. At such time, this access will be incorporated into a revised master development plan and processed through Frederick County for agency reviews and public comment. 2.) Traffic Signalization a. A traffic signal will be installed at the time determined by VDOT at the intersection of the proposed Industrial Park entrance and Old Charles Town Road in the configuration and design as approved by the Virginia Department of Transportation. The applicant shall pay for the cost of said traffic signal. b. The applicant will participate in the installation of a traffic signal at the intersection of U.S. Route 11 and Old Charles Town Road. A VDOT traffic signalization agreement shall be executed and monies will be paid to VDOT on a 50/50 basis as determined by a traffic impact study conducted using VDOT procedures. 3.) Intersection Improvements Right turn lane and radius widening improvements shall be installed at the intersection of U.S. Route 11 and Old Charles Town Road as necessary as determined by the Virginia Department of Transportation to maintain level of service C or better. Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. September 22, 2000 and TechCenter 4.) Right of Way Dedication The applicant hereby agrees to dedicate right of way to the Commonwealth of Virginia along existing roads adjacent to the property as determined by the Virginia Department of Transportation. 5.) Progressive Improvements At the time of the first site plan for subdivision plan submission, a detailed traffic study will be performed in accordance with the Virginia Department of Transportation's guidelines and procedures. If determined by VDOT, the traffic study may be waived. The study will incorporate the Industrial Park entrance at Old Charles Town Road, the intersection of Old Charles Town Road and Route 11, and a link analysis between said intersections. If determined by VDOT in the preliminary traffic scope, other roads and intersections shall be incorporated into the traffic study, such as Route 11, the Interstate 81 interchanges at Stephenson (interchange #317), Clearbrook (interchange #320), and Whitehall (interchange #323). All site plan submissions thereafter shall include a traffic study update of the original study unless waived by VDOT. Any improvements deemed necessary by the Virginia Department of Transportation to maintain a level of service of C or better will be incorporated into said site plans submissions. These improvements will be paid for by each respective user in whole or part as deemed necessary by the Virginia Department of Transportation. These monies are to be set aside for improvements and will be made available for matching funds for any County, State, or Federal programs. C.) Development Sensitive Area Restriction The Development Sensitive Area, as outlined on the Northeastern Land Use Study prepared by Frederick County, dated May 24, 2000, specifically in the area adjacent to Milburn Road and lying on the subject property Tax Map Parcel 44-A-31, is hereby restricted by permanent easement for the use of industrial and commercial enterprises. The said easement restriction will not prohibit development of infrastructure for such items as rail access, storm water management, and utilities or any credit allowances for zoning district buffers. Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. September 22, 2000 and TechCenter D.) Conservation Easement A conservation easement along Hiatt's Run in varying widths of 100 — 200 feet is hereby created for the purpose of passive recreation and nature trails. Said conservation easement will be for the benefit of the Park owners and made part of their health and recreational programs. In the event that Frederick County creates a Hiatt's Run Linear Park System, these areas will be available for dedication to the County and use by the general public. The said easement restriction will not prohibit supporting development infrastructure for such items as road access, storm water management, and utilities or any credit allowances for zoning district buffers. E.) Historic Structure This historic site file #34-1124, Sam Byers House, as inventoried by the Historic Resources Advisory Board, is hereby made available upon the appropriate executed release agreements for research, inventorying, cataloging, dismemberment, and relocation by a designated Historic Society as sanctioned by the Frederick County Planning Department for a period of 12 months with a extension of an additional 6 months if deemed necessary by the Frederick County Planning Department. This period shall commence at the date of rezoning for subject property. F.) Signage 1.) All freestanding signs shall be limited to 20 feet in height. 2.) No building mounted signs shall be allowed along the building face facing Milburn Road. Signage, which may include building mounted signs, will be allowed facing Milburn Road for business and/or office uses. These signage elements will be incorporated and designed harmoniously with entrance features to said buildings. No use other than business and office will be allowed to have a building mounted sign facing Milburn Road. G.) Buffering Additional buffering and screening shall be provided along the zoning line of the western most zoning line of M1 and RA paralleling Milburn Road from Old Charles Town Road to the McCann property line Tax Map Parcel #44-A-29. The buffering shall be placed at a distance of approximately 50 feet from the zoning line and maintained in its natural condition. Additional landscaping, consisting of tall grasses and trees, will be placed adjacent to said setback buffer. 4 Greenway Engineering September 1, 2000 Mid -Atlantic Industrial Rev. September 22, 2000 and TechCenter The said buffering will not prohibit development of infrastructures for such items as rail access, drainage, and utilities. H.) Monetary Contribution to Offset Impact of Development The undersigned owners of the above-described property hereby voluntarily proffer that in the event rezoning application # 04-00 is approved, and the property is subsequently developed within an Ml, M2 zone, the undersigned will pay to the Treasurer of Frederick County, Virginia the following amount: $ 20,000 for Frederick County Fire and Rescue This payment is intended to offset the additional cost to Frederick County due to an increased demand on public services. I.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Crider & Shockey, Inc. of West Virginia By: g ' - 00 J. Do ocke y, -Tr', Presi erV1 Date Commonwealth of Virginia, pity/Cour of ��W_ X_1C° e To Wit: The foregoing instrument was acknowledged before me this �ii day of &F '�i�iL 2000 by — / k/10 0/1_�XjGCC/( My Commission Expires 5 Notary Public PC REVIEW DATE: 11-15-00 BOS REVIEW DATE: 12-13-00 MASTER DEVELOPMENT PLAN #08-00 CHANNING DRIVE LOCATION: This property is located on the north side of Senseny Road (Route 657), on both sides of Beans Pond Lane, and adjacent to the Bedford Village, Apple Ridge, Senseny Glen, and Carlisle Heights subdivisions. MAGISTERIAL DIS'T'RICT: Stonewall PROPERTY ID NUMBERS: 55 -A -'206,55 -A -209,55 -A -211,55 -A -213,65 -A -30,65-A-31, 65-A-39, 65 -A -39A, 65-A-40 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District (354.3 acres) Land Use: Vacant B2 (Business General) District (22.0 acres) Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP (Residential Performance) District Zoned RA (Rural Areas) District South: Zoned RP (Residential Performance) District RA (Rural Areas) District East: Zoned RP (Residential Performance) District RA (Rural Areas) District Use: Vacant (Fieldstone Heights) Residential and Vacant Use: Residential (Burning Knolls, Apple Ridge, Senseny Glen) Residential Use: Residential (Bedford Village, Apple Ridge) Residential and Vacant West: Zoned RP (Residential Performance) District Use: Residential (Carlisle Heights) RA (Rural Areas) District Residential and Vacant PROPOSED USE: 846 single-family urban lots and 22 acres of commercial land use Channing Drive MDP #08-00 Page 2 November 6, 2000 REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to preliminary master plan. Before making any final comments, this office will require a complete set of site plans, drainage calculations and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off-site roadway improvements and drainage. Prior to construction on the State's right-of-way, the developer will need to apply to this office for issuance of appropriate permits to cover said work. Sanitation Authority: Second review - approved as noted (five items). Frederick County Inspections: No comment required at this time; shall comment at the time of subdivision review. Fire Marshal: Fire hydrants installed per Chapter 90 of Frederick County Code; 400 feet from each unit, set three feet from curb. Hydrants at intersections are preferable over end of cul-de- sacs. Plan approval recommended. County Engineer: See attached letter dated 10-20-00 from .%e C. Wilder, Engineering Technician. Parks and Recreation: Assuming this development includes only single-family detached urban housing types, this plan appears to meet open space and recreational unit requirements. Planning and Zonin Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) identified the zoning for the acreage within the master development plan as A-2 (Agricultural General) District. This zoning classification was modified to RA (Rural Areas) District on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance. The Board of Supervisors approved Rezoning Application #15-99 for Channing Drive on December 8, 1999. This action established 354.3 acres of land zoned RP (Residential Performance) District, and 22.0 acres of land zoned B2 (Business General) District. Location The master planned area is located in the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This acreage is currently accessible from Senseny Road (Route 657); Beans Pond Lane which intersects Senseny Road (Route 657) near Parkwood Circle (Route 1235) and Sunset Drive (Route 812); and Eddys Lane (Route 820) which Channing Drive MDP #08-00 Page 3 November 6, 2000 intersects Valley Mill Road (Route 659) near Berryville Pike (Route 7). Surrounding properties are primarily residential in nature or are planned for future residential development. Project Scope The master development plan calls for the development of 846 single-family urban lots that are a minimum of 12,000 square feet. The proposed development creates an overall gross density of 2.4 units per acre for the 354.3 acres zoned for residential land use. This housing type requires all lots to be developed with curb and gutter, sidewalks, and street lights at all road intersections. The proffers that were approved for this project limit the development to 79 residential building permits on- an annual basis, and prohibit the issuance of more than 475 building permits until Channing Drive is extended to connect with Valley Mill Road. The proffers that were approved for this project allow for the development of 220,000 square feet of commercial area. This creates a Floor -to -Area Ratio of 0.23 for the 22.0 acres zoned for commercial land use. The approved proffers set forth architectural requirements for three walls on all commercial buildings and prohibit specific commercial land uses including automotive dealers, hotels, motels, lodging facilities, self-service storage facilities, golf driving ranges, miniature golf courses, and outdoor batting cages. The master development plan has a significant transportation network which provides for roadways classified as major collector, minor collector, and local streets. This road system provides major access points on Senseny Road and for the 22.0 acres zoned for commercial land use, and continues planned linkages to adjoining subdivisions including Briarwood Estates, Carlisle Heights, Apple Ridge, Senseny Glen, and Fieldstone Heights which is currently undeveloped. The proffers that were approved for this project require the installation of traffic signalization and turn lanes at the intersection of Senseny Road and Channing Drive, the provision of a boulevard street design with deciduous tree landscaping along Madison Avenue, and a $75,000 monetary contribution for traffic signalization at the intersection of Greenwood Road and Valley Mill Road. Issues Transportation Network 1) Local Street Connections To Adjoining Subdivisions The proposed master development plan calls for the continuation of planned local street linkages to adjoining subdivisions. These connections represent sound planning and design practice to ensure efficient travel for service providers and end users; however, these linkages are not intended to serve as the primary means of access to this project. To ensure that the local street connections function as intended, the applicant should revise the master development plan to identify connections that will not occur until the segments of Channing Drive MDP #08-00 Page 4 IOWernber 6, 21000 Channing Drive and Madison Avenue are completed to serve as the,primary means of access to the various phases. Local streets which should be identified in this fashion include the Woodrow Road connection to Carlisle Heights, the Morning Glory Drive connection to Apple Ridge, and the Canyon Road connection to Senseny Glen. 2) Proposed Street Layout For Land Bay 9 The proposed master development plan identifies the continuation of Eddys Lane (Route 820) into this project. The master plan should identify what off-site improvements will occur to ensure that Eddys Lane can accommodate additional traffic and who is responsible for the necessary improvements. The proposed master development plan identifies the end segment of three cul-de-sacs which adjoin parcel 55-A-210 owned by Linda and Goldie Adams. The location of continued street systems within Land Bay 9 should be planned to jibe with a residential layout proposed by the Adams parcel. The land owned by the Adams is zoned RA (Rural Areas) District, and no proposal exists for a rezoning of this land. Therefore, the end segment of three cul-de-sacs should be removed from this master development plan until future road locations, if any, are known. 3) Channing Drive Design The proposed master development plan should incorporate a typical section for Channing Drive which provides the required right-of-way width, pavement width, curb and gutter location, sidewalk location, and adjacent road efficiency buffer location. Phase Plan Article XVII of the Frederick County Zoning Ordinance, Master Development Plan, sets forth requirements for the formation of a phase plan. This standard exists to ensure that the required information depicted on future subdivision design plans is consistent with the approved master development plan. The applicant has provided an Area Tabulations Table on Sheet 1 of 4 which identifies the proposed number of lots and area in lots, right-of-way, and open space within nine Land Bays. This approach was utilized by the applicants of the Tasker Master Development Plan. Unfortunately, this approach has proven to be problematic in that individual subdivisions are played against each other for environmental feature disturbance allowances, and plans for the development of various sections have been designed to account for portions of multiple Land Bays. To ensure orderly development, the master development plan should be revised to develop a phase plan which accounts for the total development of each section that will be consistent with future subdivision design plans. Environmental Features The land area within the master development plan contains approximately 85 acres of steep Channing Drive MDP #08-00 Page 5 November o, 2000 slope, 115 acres of woodlands, and nine acres of lakes and ponds. The Zoning Ordinance provides disturbance allowances for environmental features, and allows for the placement of environmental features within open space areas. The areas of steep slope, woodlands, and lakes and ponds have been delineated on the preliminary master development plan; however, information regarding the amount of each feature that is proposed to be disturbed or incorporated into open space areas needs to be described within a phase table to ensure that the provisions of the Zoning Ordinance are satisfied. STAFF CONCLUSIONS FOR 11-15-00 PLANNING COMMISSION MEETING: The preliminary master development plan depicts appropriate land uses and is consistent with the overall gross density provisions of the Zoning Ordinance and the Comprehensive Policy Plan. Several issues have been identified that will need to be adequately addressed by the applicant. The applicant should adequately address the issues identified by staff, as well as concerns of the Planning Commission, as a condition of favorable recommendation to the Board of Supervisors. 0:\Agendas\COMMENTS\MDP's\Channi ngDri ve_MDP. wpd 22 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 October 20. 2000 Mr. Claus Bader, P.E. Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Master Development Plan Comments for Land Bays 1-9 Channing Drive Frederick County, Virginia Dear Claus: Upon- review of the -subject master development plan, we offer the following comments: This subdivision will have a stormwater impact on the adjacent subdivisions. During the subdivision plan review process, -an extensive stormwater management analysis shall be submitted for our review. We are requiring that all stormwater ponds by designed to attenuate the 2, 10 and I00 -year design storms-. We will require as -built conditions -be shown on the subdivision plan of downstream properties, including but not limited to: elevations of homes, ditches, swales; drainage -structures, etc., that will be affected. 2. During our site visit, we encountered several areas that appear to be wetlands. We request that a wetland's study be performed for the -subdivision -to ensure -that- this development does not impact any wetland areas. We request that detailed grading plans be prepared for the entire subdivision during the subdivision review process. The plans need to include basement and finished floor elevations, driveway and culvert locations, etc. It is anticipated that it is more economical to design grading plans for the subdivision as a whole than for individual units. We request a note on the subdivision plan requiring the developer to furnish as -built drawings - prepared by the engineer of record verifying that the drainage structures, ditches, and swales have been constructed in- accordance -with the approved plana -.- 107 North Kent Street • Winchester, Virginia 22601-5000 Channing Drive Master Plan Comments October -20, 2000 Page 2 4. We are requesting that copies of any traffic studies performed for this subdivision be submitted to this office for our records. If you have- any questions, do not hesitate to contact me. Sincerely, oe C. Wilder Engineering Technician Pubtic Works cc: Frederick County Planning Department file Frederick County, Virginia Master Development Plan Application Package APPLICATION MASTER DEVELOPMENT PLAN M!t'5TC-"R De0eEcavinC,T 1 -'LAA -1 FOP, lrPrt,-v 8R"S 1-1 1. Project Title : ,14"F- 111RU'E 2. Owner's Name:[WINmtjG-+ (555 ,,l,C �-! t,FS DR. GE V-9tfs SItKOPrAa. r)R. F}L-*" FU.TPs'�L (Please list the names of all owners or parties in interest) I Applicant : CI Atas 3R-O�-A - Address: I S $ W-It-D'y �,uwwszreiz, "o git ;ka-co a Phone Number: S4 -,c - tS63 4986 4. Design Company: fT6P ,3'cf}NT, Address: Phone Number: Contact Name: Page 11 Frederick County, Virginia Master Development Plan Application Package APPLICATION cont'd MASTER DEVELOPMENT PLAN 5. Location of Property: • 5 t D-� OF EwScw'Y W)", 1 PAL Lk EfiSI OF G -P -e oujoc,(> RUPrD- 6. Total Acreage: 376.3P 7. Property Information: SC -,E: p�-T-r-pcHFV a) Property Identification Number (PIN): b) Current Zoning: C) Present Use: d) Proposed Uses: e) Adjoining Property Information: SEE ft7TPrC16E ' North South East West r' `off 22 cmc cp Property Identification Numbers Property Uses f) Magisterial District: STotJEWftL,t, 8. Is this an original or amended Master Development Plan? Original V 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 will be complete prior to the submission of my master development plan application. Signature: . ��k 'E, Date: /bZ" /oo Page 12 %. F fOPc-fVY WFC+-rnft-110tj Fc{- GHfgti►"jArr DRlvt MrtTTFR PItN, PARGEL IDENTIFIGATION TM 55- ((A))-206 TM 55- ((A)) -20q TM 55- ((A))-211 TM 55- ((A))-213 TM 65- ((A))-30 TM 65- ((A))-31 TM 65- ((A)) -3q TM 65- ((A))-3qA TM 65- ((A))-40 PARGEL AREA q0.2 AG 121.1 AG 6.1 AC 1.6 AC O.q AG 0.3 AC 101.2 AC 51 AG 5A AC GURRENT ZONING RP/B2 RP RP RP RP RP RP/B2 RP RP CURRENT USE VACANT VACANT VAGANT VACANT VACANT VACANT VACANT VAGANT VACANT f}A3Z7tr'E-rZ INFd . CARLISLE HEIGHTS -SEG 1\/ 551-((I))-i4� PEEL 2pN� USE 6ORDON R JR. 4 TAMMY 5_ GREER ISb RP RE5 308 WOODROW ROAD WINGHE5TER, VA 22602 REX A. d VER.ONIGA Y. PUGH I81 RP RES 30-7 Y400DROW ROAD WINGHE5TER, VA 22602 JOSEPH X. d DIANA L KREGL 186 RP RES 102 REBECCA DRIVE WINGHE5TER VA 22602 GERARD R. b KENDRA Y. HART 189 RP RE5 104 REBECCA DRIVE YVINGHE5TER VA 22602 ARTHUR G. JR. d JOYCE E. RAUGH 140 RP RES 106 REBECCA DRIVE WINGHE5TER, VA 22602 NATHAN A. d KARIE L. NENMAN IAI RP RES 108 REBECCA D RIVE WINGHES7ER VA 22602 DOUBLE 5 ASSOCIATES L.G. 192 RP RE5 1616 NHITTIER AVENUE :.. WINGHE5TER, VA 22601 BILLY T. WYMER 193 RP RES 112 REBECCA DRIVE WINCHESTER VA 22602 KEITH K d AMY L. RICE 194 RP RES 114 REBEGGA DRIVE YyINGHE5TER, VA 22602 CHRISTOPHER M. b TINA M. BEAN 195 RP RES IIB REBECCA DRIVE NINGHE57ER, VA 22602 MICHAEL M. MINUNNI I96 RP RE5 118 REBEGGA DRIVE WINCHESTER, VA 22602 DORI5 E. BURKE 147 RP RES 120 REBEGGA DRIVE WINGHE5TER VA 22602 BRIAN E. 3 MICHELLE M. MGDONALD 198 RP RES 122 REBEGGA DRIVE WINGHE5TER, VA 22602 JEFFERY M. S LISA L. BEHNEKE IQQ RP RES 124 REBECCA DRIVE NINGHESTER, VA 22602 WILLIAM G. d CYNTHIA D. GRIM 200 RP RE5 12b REBEGGA DRIVE WINGHE5TER VA 22602 MICHAEL S. d ROBYN R_ GRAVES 201 RP RE5 128 REBECCA DRIVE WINCHESTER, VA 22602 DAVID 5_ d LISA B. PFEUFER 202 RP RE5 130 REBEGGA DRIVE WINCHESTER, VA 22602 DAVID A. d BETTY J. WHIPKEY 203 RP RE5 132 REBECA DRIVE C WINGHE5TER, VA 22602 f}-��-pl n.��iL. 1 n• F o PARKINOOD MANOR 65B-((a)) �fiRGEL '7aK USE ROBERT G. HOD6E5 I RP RE5 122 ETHAM 5T WINCHESTER, VA 22602 DAREL IPF C BETTY J. OYC+E 2 RP RES 104 PARKWOOD GIR WINCHE5TER VA 22602 WILLIAM 13. A DIANE F. BEELEiZ 5 RP RES 105 PARKWOOD GIP, WINGHE5TER, VA 22602 5TEVEN L. RAGENS 4 RP RFS 112 PA ZKWOOD GIR WINGHESTM VA 22602 TIMOTHY D. d TRACEY DYLER 5 RP RE5 116 PARKWOOD GIR WINGHE5TER, VA 22602 FRANZ X BET51-HART 6 RP RES 120 PARKWOOD GIR WINCHESTER, VA 22602 MICHAEL E. 3 DEVONA J. NEHL.IN T RP RE5 123 PARKWOOD GIP, WIN.,IIE5TER VA 22602 BURNING KNOLL5 SUBDIVISION SEG. "A" 65B -((4))-(A) 70-E USE ROBERT 5. d KATHY L. EMMON5 f RP RES 2366 5EN5ENY RD HIW—HE5TER, VA 22602 GHARLE5 L. d DOROTHY A_ MELLOTT 2 RP RES 2360 5ENSENY RD WINCHESTER, VA 22602 DAVID L. ADAM5 3 RP RE5 1408 28th 5T NIGEVILLE, FL 32575 BENTON A HEIRONIMUS 4 d 5 RP RE5 9b DIXIE BELLE DRIVE WINGHE5TER, VA 22602 TERE5A J. BOYER5 6 RP RE5 2324 5EI, E RD WINGHE5TER, VA 22602 ROBERT D. d EE551E E. 5EE 7 d G RP RES 2310 5EN5ENY RD WINGHE5TER, VA 22602 ROBERT D. 5EE, -P— a RP RE5 2310 5ENSENY RD WINGHE5TER, VA 22602 ROBERT d WANDA GILMER 10 d II RP RE5 238b 5EN5ENY RD WINCHESTER VA 22602 VIRGINIA M. MGGEE 12 RP RES 314 LANNY DRIVE WINGHE5TER VA 22601 ROBERT R d TAMMY K. KENNEDY 13 d 14 RP RE5 2264 5EN5ENY RD WINGHE5TER VA 22602 oz)j-o r-eJ= /NF-o. -- -- -- G. M. LOGKHART SUBDIVISION 658—((5)) p ZgYE uSE IRENE N..IENKINS I RP RES 2314 SENSEW RD WINCHESTER, VA 22602 .JOHN W. KEELER 2 RP RE5 2554 5EN5EW RD WINCHESTER, VA 22602 MCLARIN H. d MARY E. KUMP 5 RP RE5 2303 5ENSEW RD WINCHE5TER, VA 22602 CHARLES K NICKLESON 4 RP RE5 106 BROAD AVENUE WINCHESTER, VA 22602 EOlNARD L. d LEORA 5NYDER 5 d 6 RP RES 125 BROAD AVENUE "MCME5TEIR, VA 22602 ZANE O. d ELAANONE M. KERNB 7 RP RES 401 THREE OAKS ROAD WIMCHE5TER, VA 22605 ELIZ. R. a THELMA A. MA50N a RP RES 2444 SENSENY RD WINCHESTER, VA 22602 5HIRLE f D. LAMBERT 9 d 10 RP RE5 P.O. BOX 562 BERRYVILLE, VA 22611 �}DSOZNf'K- INFQ. I BEPFOR.D \/ILLArvE 15UBDI\11510N 65E-((2)) RCE 1, -Lor.)E U5E 140MARD .L d RUTH P. DUNN 10 RP RES 115 BEDFORD DRIVE WINCHESTER, VA 22602 MARY I:. WSTON II RP RE5 113 BEDFORD DRIVE HMHESTER VA 22602 BE'I"IY L. 141 -LEN 12 RP RES III BEDFORD DRIVE WINCHESTER, VA 22602 DENNIS G_ G1RUB35 13 RP RE5 104 BEDFORD DRIVE WINCHESTER, VA 22602 LESLIE ANN HUffiARD 14 RP RE5 IOl BEDFORD DRIVE WINCHESTER, VA 22602 PAUL A. MILLER 15 RP RES 3203 PATTERSON AVENUE RICHMOND, VA 23221 MICHAEL L. d DAWN M. SWEDBER& I6 RP RE5 103 BEDFORD DRIVE WINCHESTEF, VA 22602 / i U7bi t; I F - -•- - APPLE RIDGE SUBDIVI510N 65E-((IJ) 1x3E MAW T. CROM �RR CK Zd�L U TIMOTHY M. E DIANE L SGHOGK 13 RP RES 105 WAYFARING DRIVE 26 RP RES 14G MORNIN6 GLORY DRIVE WINCHESTER, VA ?_2602 WINCHESTER VA 22602 DONALD G. 4 HEIDI L. BUCKNER DAVID G. E DIANE L. HYMAN 14 RP RES 102 WAYFARING DRIVE 27 RP RES 151 MORNING GLORY DRIVE WINCHE5TER VA 22602 KW-+r=STER VA 22602 MICHAEL P. t JENNIFER M. WI5ENWN WILLIAM R 4 .LLIANNA L. MAGHARDY 16 RP RE5 124 MORNING GLORY DRIVE 26 4 24 RP RES 155 MORNING GLORY DRIVE WINCHESTER VA 22602 WINCHESTER, VA 22602 DENNIS M. 4 KATHERINE 5. CONNER PAIR L. 4 SHIRLEY G. NELSON 17 RP RE5 131 MORNING GLORY DRIVE 30 RP RES 157 MORNING GLORY DRIVE WINCHESTER VA 22602 WINCHESTER, VA 22602 SCOTT L. 4 MARIE F. STRAUB KENNETH E. 4 1LOWE M. WILUAM5 16 RP RES 133 MORNING GLORY DRIVE 31 RP RES 428 MAPLE AVENUE RICHMOND, VA 23221 WAUKE5HA, WI 53188 TROY A. 4 TAMMY L. BINGMAN RONALD W. 4 KATHLEEN LADESIG IB RP RES 135 MORNING GLORY DRIVE 32 RP RES 158 MORNING GLORY DRIVE WINCHESTER, VA 22602 WINCHE5TM VA 22602 BRIAN 4 KATHRYN A JENKINS MELGO INC. 20 RP RES 137 MORNING GLORY DRIVE 33 RP RES 60q CEDAR CREEK GRADE WINCHESTER VA 22602 WINCHESTER, VA 22601 STEVEN T. 4 CYNTHIA 5. JONES JOHN M. 4 R VONDERENE SWIGART 21 RP RES 134 MORNING 61J7RY DRIVE 34 RP RES 105 PRIMROSE PLACE WINCHESTER, VA 22602 WINC+e5TER, VA 22602 MIGHAEL E. 4 BETH R. BROWN LEONARD S. 4 PENNY S. WILLIAM50N 22 RP RE5 141 MORNING GLORY DRIVE 35 RP RES 107 PRIMROSE PLACE WINCHESTER VA 22602 WINCHESTER, VA 22602 EDWARD W. 4 KATHLEEN M. FA"6 BONNIE L. MARTIN 23 RIP RE5 143 MORNING GLORY DRIVE 36 RP RES 104 PRIMROSE PLACE WINCHESTER VA 22602 WINCHESTER VA 22602 MARILYN P. HAROLD JBTREY M. BEAVERS 24 RP RE5 145 MORNING GLORY DRIVE 37 RP RFS III PRIMROSE PLACE WINCHESTER, VA 22602 WINCHESTER, VA 22602 ANNE G. SENDECKE MICHAEL L. 4 JANICE F- 6. WADE 25 RP RE5 147 MORNING GLORY DRIVE 38 RP RES 113 PRIMROSE PLACE WINGHE5TER, VA 22602 WINGH STER, VA 22602 f}DTCz� INFO, R DTO t t"C-k--S NOL (J a id 54(81p/U',IIon� Fap-ce- zoNE Ul5 F 55-((A))-208 RP RES 654(A))-22 RP RES 65-((A))-23 RIP RES 654(A))-24 RP RES 65-((A))-25 RP RES 65 -((,v) -25A RP RE5 65 -((A)) -25B RP RES 65 -((A)) -27A 126A RP RES 65-((A))-34 RP RES 65-((A))-36 RP RES 65 ((A)J-37 RP RES 65-((A))-38 RP RES 55-((A))-184AIC RP VAC 554(A))-201 RA ARG 55-((A))-180 RP VAC 55-((A))-210 RA ARG 55-((A))-212 RA AR6 55-((A))-195 RA AR6 65-((A))-15116 RA FZE5 MARTIN L. I HELEN R BEAN 561 BEANS POND LANE WINCHESTER, VA 22602 GEORGE T. DAMKO 2097 SENSENY RD WINGHE5TER, VA 22602 RUSSELL W. I VELMA MORELAND 2105 5E3,I5ENY RD WINGHE5TER, VA 22602 5HARLEY E. MORRIS 2123 5ENSENY RD NIINGHE5TER, VA 22602 GARY R.I BRENDA G. BAKER 2135 5EN5ENY RD WINCHESTER, VA 22602 SKIP BAKER P.O. BOX 4272 WINGHE5TER, VA 22604 ROBRT J. I LINDA 5. BYERS 2159 5EN5ENY RD WINCHESTER, VA 22602 LARRY W. I ELDA M. BURACKER 2044 5ENSENY RD WINCHESTER, VA 22602 STEPHEN DOUGLAS PARSONS 2239 5EN5ENY RD WINCHESTER, VA 22602 JOHN A. SHERRI L. FIBER 2251 5EN5EW RD WINCHESTER, VA 22602 RICHARD F. DIANA L. 61LE5 2154 5EN5ENY RD WINCHESTER, VA 22602 WANDA JEAN I JACK HIGH 2283 5EN5ENY RD WINGHE5TER, VA 22602 5HIHO, INC. P.D. BOX 3276 WINGHE5TER VA 22604 ORRIGK CEMETARY CO-, INC. 501 5. BRADDOCK ST. WINCHESTER, VA 22601 EASTERN FREDERICK DEVELOPMENT P.O. BOX 2097 WINGHE5TER, VA 22604 LINDA D. I &OLDIE L. ADAMS 310 EDDY S LANE WINCHESTER, VA 22602 JOHN 5. I EDWARD D. HA&5ERTY 5 PARTRIDGE LANE LINCOLN, MA 01773 FOREST I MILDRED L. RI&&LEMAN 2737 5EN5EW RD WINCHESTER, VA 22602 RUTH R ANDERSON 2119 5ENSENY RD WINCHESTER, VA 22602 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 MEMORANDUM FAX: 540/678-0682 To: Frederick County Planning Commission From: Amy M. Lohr, Planner 114�s Subject: Amendment to the Permitted Use List of the B1 Zoning District to Allow for Accounting, Auditing, and Bookkeeping Services Date: October 31, 2000 Nature of Discussion Staff has received a request from Mr. Douglas T. Mort, a certified public accountant with Sareen & Associates, to consider an amendment to the permitted use list of the B1 (Neighborhood Business) Zoning District to include all uses in Industry Group 872 - Accounting, Auditing, and Bookkeeping Services. Specifically, Mr. Mort hopes to establish an accounting office in the B 1 District. Certified public accounting is classified in Major Group 87 - Engineering, Accounting, Research, and Related Services. This group is currently permitted in the B2 District but not in the B 1. The intent of the B 1 District is to provide surrounding residential neighborhoods with limited retail and personal services. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual for the residential neighborhoods. A copy of Industry Group 872 - Accounting, Auditing, and Bookkeeping Services has been attached for further reference. DRRS Summary The Development Review and Regulations Subcommittee (DRRS) considered the proposed amendment at their October 26, 2000 meeting. The Committee felt that an allowance for accounting, auditing, and bookkeeping services was consistent with the stated intent of the B1 District. Furthermore, the services defined in this category of uses is comparable to other uses currently allowed in the B 1 District such as tax return preparation services and medical offices. 107 North Kent Street • Winchester, Virginia 22601-5000 DRRS Recommendation With regard to Accounting, Auditing, and Bookkeeping Services in the B 1 District, DRRS has made the following recommendation: 165-82.A. B1 Neighborhood Business District Allowed uses SIC - 872 Accounting, Auditing, and Bookkeeping Services Planning Commission Action Staff would request that the Planning Commission make a recommendation on the proposed amendments in order to hold a public hearing at their next available meeting. AML/ch Attachment U. WmylCommonWCMemayWccounGng Andiling Bwkkeeping in Bl.wpd J1l. 1V1 —1-0/L1—/1— 11 LLj1./ /WWW .VJ11R. b' V V / G�1- Vll l/ J1G/ J1Ga G14 : U /G 1 SIC Description for 8721 Division 1: Services Major Group 87: Engineering, Accounting, Research, Management, And Related Services Industry Group 872: Accounting, Auditing, And Bookkeeping Services 8721 Accounting, Auditing, and Bookkeeping Services Establishments primarily engaged in furnishing accounting, bookkeeping, and related auditing services. These establishments may use data processing and tabulating techniques as part of providing their services. However, establishments primarily engaged in providing data processing and tabulating services are classified in Industry 7374. Establishments providing income tax return preparation service without also furnishing accounting, auditing, or bookkeeping services are classified in Industry 7291. . Accounting service . Auditing service, accounts . Bookkeeping and billing service . Certified public accountants (CPAs) . Payroll accounting service . Public accountants certified [ SIC Scarch I Division Structure I Major Group Structure I OSHA Standards Cited ] [ Comments & Info t OSHA Home Page I OSHA -DCIS I US DOL Web Site j Disclaimer ) I of 1 10/30/2000 4:08 PM COUNTY of FREDERICK Department of Planning and Development 540/665-5651 MEMORANDUM !PAX: 540/678-0682 To: Frederick County Planning Commission From: Amy M. Lohr, Planner IL-/&- - Subject: .Amendment to the Permitted Use List of the B1 Zoning District to Allow for Tobacco Stores and Stands Date: November 1, 2000 Nature of Discussion Staff has received a request from Mr. Bill Leachman, president of Virgnia Leaf, Inc., to consider an amendment to the permitted use list of the B 1 (Neighborhood Business) Zoning District to include all uses in Industry No. 5993 - Tobacco Stores and Stands. Establishments of this sort are primarily engaged in the retail sale of cigarettes, cigars, tobacco, and smokers' supplies. This category ofuses belongs to Major Group No. 59, Miscellaneous Retail and to the larger Division G, Retail Trade. All uses in Group 59 are currently permitted in the B2. Only Industry Group Nos. 591, Drugstores, and 594, Miscellaneous Shopping Goods Stores are permitted in the B1 at this time. Other uses within the Retail Trade Division of the SIC are currently permitted in the B 1 district. These uses include food stores, apparel and accessory stores, restaurants, and uses 591 and 594, referenced above. The intent of the B 1 District is to provide surrounding residential neighborhoods with limited retail and personal services. Business uses in this district should be small in size and should not produce substantial vehicle traffic in excess of what is usual for the residential neighborhoods. A copy of Industry Group 5993 - Tobacco Stores and Stands has been attached for further reference. DRRS Summa The Development Review and Regulations Subcommittee (DRRS) considered the proposed amendment at their October 26, 2000 meeting. Committee members discussed the appropriateness of such a use in the B1 district. The Committee also examined the County Index Map to evaluate the locations of B 1 zoned properties in the County. Given the other retail uses currently permitted, the Committee did not have any objection to allowing for the proposed use in the B 1 district. 107 North Kent Street • Winchester, Vir-inia 22601-5000 DRRS Recommendation With regard LO Tobacco Stores and Stands ui the Bi District, DRRS Inas Made the fUllowing recommendation: 165-82.A. B1 Neighborhood Business District Allowed uses SIC - 5993 Tobacco Stores and Stands Planning Commission Action Staff would request that the Planning Commission make a recommendation on the proposed amendments in order to hold a public hearing at their next available meeting. AML/ Attachment U. IAmylCommonWC MemosUobacco Stores and Stands in Bl.wpd JlV LGJGIIIJ L1V111V1 �1�J7>J �/1� SIC Description for 5993 Division G: Retail Trade Major Group 59: Miscellaneous Retail Industry Group 599: Retail Stores, Not Elsewhere Classified 5993 Tobacco Stores and Stands 11LLI1.// W W W.VJlla. b'VV/G�1-V11L J1G/J1GJG1L:J7>J Establishments primarily engaged in the -retail sale of cigarettes, cigars, tobacco, and smokers' supplies. . Cigar stores and stands -retail . Tobacco stores -retail . Tobacconists -retail [ SIC Search I Division Structure I Major Group Structure I OSHA Standards Cited ] [ Comments & Info j OSHA Home Page � OSHA-OCIS I US DOL Web Site I Disclaimer ] 1 of 1 11/1/2000 9:00 AM