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PC 11-01-95 Meeting Agenda
AGENDA FREDERICK COUNTY PLANNING COMMISSION The Old Frederick County Courthouse Winchester, Virginia NOVEMBER 1, 1995 7:00 P.M CALL TO ORDER TAB 1) Meeting Minutes of September 20, 1995 ................................. A 2) Bimonthly Report ................................................... B 3) Activity Report ........................ C 4) Citizen Comments .................................. ............... D PUBLIC HEARING 5) Rezoning application #008-94 of James Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). The directions to this property are as follows: from Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This property is identified with PINS 64A -4- 20A; 64A-4-1 OA; 64A -10-B and is located in the Shawnee District. (Mr. Tierney) ..................................................... E 6) Rezoning Application 9005-95 of James T. Wilson to rezone 2.99 acres from B 1 (Neighborhood Business) to B2 (Business ileneral). This property is located on the east side of Aylor Road (Route 647) and is identified with PINS 74B -5-C, 74-A-104, and 74-A-105 in the Opequon District. (Mr. Tierney) ..................................................... F 2 7) Interstate Area (I.A.) Overlay District: A public hearing will be held to consider an amendment to the Frederick County Zoning Map. This amendment will establish properties that will comprise the I.A. Overlay District. Properties proposed are currently zoned B 1 (Neighborhood Business District), B2 (Business General District), B3 (Industrial Transition), and Ml (Light Industrial), and are located within each Magisterial District in Frederick County. Approved properties will receive an I.A. District designation and will maintain the zoning classification of the underlying zoning district. Qvfr- Wyatt) ...................................................... G 8) Informal discussion regarding possible rezoning for Richard Heisey (Mr. Tierney) ..................................................... H 9) Other ............................................................... I MEETING MINUTES OF THE FREDERICK COUNTY PLANNING COMMISSION Held in the Board Room of the Old Frederick County Court House in Winchester, Virginia on September 20, 1995. PRESENT_ Planning Commisslsent were: Charles S. DeHaven, Jr., Chairman/Stonewall District; John R. Marker, Vice Chairman/Back Creek District; Robert A. Morris, Shawnee District; Richard C. Shickle, Gainesboro District; John H. Light, Stonewall District; Richard C. Ours, Opequon District; Marjorie H. Copenhaver, Back Creek District; Roger L. Thomas, Opequon District; Robert M. Sager, Board Liaison; Vincent DiBenedetto, Winchester City Liaison; and Jay Cook, Legal Counsel. ABSENT: S. Blaine Wilson, Shawnee District; Terry Stone, Gainesboro District; and George L. Romine, Citizen at Large. Staff present"Robert W. Watkins, Director and Secretary; Evan A. Wyatt, Planner 11; and Renee' S. Arlotta, Minutes Recorder. Chairman DeHaven called the meeting to order at 7:00 p.m. Upon motion made by Mrs. Copenhaver and seconded by Mr. Thomas, the minutes of the August 16, 1995 meeting were unanimously approved as presented. 2 Chairman DeHaven accepted the Bimonthly Report for the Commission's information. Comprehensive Plans & Programs Committee (CPP _1 - 9/25/95 Mtg. Mrs. Copenhaver said that the CPPS has scheduled September 25, 1995 for the next Round Hill Community Meeting. She said that the meeting will be held at the Round Hill Fire Hall at 7:30 p.m. Mrs. Copenhaver said that the Committee will be presenting their proposals to the Round Hill residents at that time. Trancnortation Committee - 9/12/95 Mtg. Mr. Thomas reported that the Transportation Committee reviewed the Secondary Road Improvement Plan at a public hearing. Mr. Thomas said that the plan will be forwarded to the Planning Commission in October for action. Sanitation Authority - 9/20/95 Mtg. Mrs. Copenhaver reported that the Sanitation Authority has scaled down their plans for their office complex because of costs. She said that they are planning to award the bid on October 4. Mrs. Copenhaver reported that the completion date for the Parkins Mill project is behind schedule because of a health emergency of one of the contract supervisors. She also reported that there are problems running the sewer on Route 522 between the mobile home park to Route 50. She explained that VDOT has left the contract for the extension of Route 522 to 3 Route 50 and they will not grant the right-of-way the Sanitation Authority needs to put in the sewer line because the contractor has authority over the land. Winchester City Planning ommium - 9/12/95 & 9/19/95 Mtgs. Mr. Shickle said that the City Pla,-ming Commission discussed F & M Bank's plans for 9 Court Square. Mr. Roger Koontz, citizen from the Gainesboro District, came forward to discuss his opposition and concerns about the proposed expansions to the James Wood High School and the Sherando High School. Mr. Koontz said that there has been an increase in the student enrollment in both schools and the new additions would be filled by the time the expansion is completed. Mr. Koontz said that construction during the school year is terrible and dust, noise, and inattention are all compounded. He said that all of the teachers he's spoken with are opposed to expansion. Mr. Koontz felt the expansion would put a new school back at least five years and maybe more. He felt it would be almost impossible to expand a cafeteria, a hallway, which is one of the problems with one of the schools, or a library. He felt that the proposed increase in students would really reduce the quality of education for all the children for many years to come. Mr. Koontz felt the $5-7 million could best be used towards the construction of a new third high school. Mr. Koontz felt that at the very least, a decision should be postponed and based on the number of students enrolled at the end of this first quarter. He said that smaller schools and smaller classrooms make for a better educational opportunity for children and if James Wood and Sherando go to 1500 students, the enrollment will never come down again. Mr. Koontz said that in the final analysis, if this happens, the money would be wasted. 4 Informal discussion regarding the proposed additions to James Wood High School and Sherando High School by Thomas Sullivan, Assistant Superintendent, Frederick County School Board. No Action Required Mr. Wyatt said that the Frederick County School Board has requested an opportunity to present preliminary development plans for the proposed expansion of James Wood High School and Sherando High School. He said that the proposed improvements will allow each high school to increase its capacity from 1,250 students to 1,500 students. Mr. Thomas Sullivan, Assistant Superintendent of Frederick County Schools, said that the expansion of both high schools by 300 students was presented as a part of the County's Capital Improvements Plan last Spring. He said that the expansion plan also included the construction of Redbud Elementary School, the rebuilding of Stonewall Elementary School, and renovations to Senseny Road School. Mr. Sullivan explained that the Sherando expansion consists of an approximate 16,000 square foot addition at the southern end of the school for classroom space. He said that in addition to the classroom space, there will be two science rooms, an extra set of bathrooms, various offices, and a few improvements to the practice field (drainage, road). Mr. Sullivan explained that they will lose a couple parking spaces, but hope to pick those up again behind the agricultural building. Mr. Sullivan stated that the expansion for both schools was allowed for in the original design of the buildings. Regarding the James Wood School, Mr. Sullivan stated that the proposed addition fits between the two stair towers at the rear of the building. He said that one of the problems at James Wood School was that the cafeteria was not as big as they would like. He said that they planned to expand the cafeteria for extra seating. Mr. Sullivan explained that the existing exterior cafeteria wall would be moved outward to enclose the entire canopy area. He said that they will also correct some problems in the kitchen area and move the faculty dining area. Mr. Sullivan said that the James Wood expansion will be an approximate 18,500 square foot addition. He said it will also include a series of classrooms, a storage area, and the creation of two more biology and general science rooms. Mr. Sullivan stated that both schools would have the same amount of classroom space after expansion. He said that the central cores of both schools were originally designed to handle 1,500 students. Mr. Sullivan said that funding was part of a literary loan application and they are hoping to receive $2 1h million per project. He said that bids are due September 28 and construction is scheduled to begin as soon as possible in order to be ready for school opening next fall. Mr. Sullivan said that the interest on the payback amount is much smaller for the two 5 expansions than for construction of a new school. He noted that neither school could be expanded further than 1,500 students. He said that Sherando would be limited by space and James Wood would be limited by central core facilities. Mr. Sager, Board Liaison, noted that the infrastructure for both schools was designed to support a much larger school. He said that each design was for 1,500 capacity, so this plan will not stretch the existing infrastructure. Mr. Sullivan confirmed this. Commissioners questioned the impact on classroom instruction during the construction phase during the school year. Mr. Sullivan said that he didn't foresee a huge problem, although there probably would be some inconvenience. Mr. Sullivan said that they would strive to minimize impact and maximize student safety. Mr. Morris noted that there should be minimal disruption at Sherando, primarily because construction will take place at the opposite end of the school from where most school activity is taking place. Commissioners also noted that expansion to an existing facility was certainly less expensive than other alternatives, such as building other separate schools, because expanding existing facilities didn't require additional principals, janitorial services, administrative staff, etc. Site Plan #031-95 of God's Glory Land for a religious retreat with lodging and recreational facilities. The property is identified with PINs 37-A-45, 37-A-46, 37 -A -46A, and 37 -A - 46B in the Back Creek Magisterial District. Action - Approval Mr. Wyatt stated that the site plan being presented was a part of the conditions for granting the conditional use permit for God's Glory Land in May of 1994. Mr. Wyatt said that three of the nine conditions placed on the permit involved the Planning Commission's review and approval. He said that those three conditions were: 1) that the Planning Commission be a part of the review and approval process of the site plan (earlier on, there were unknowns about the private wastewater treatment facility and the actual construction of the site because of steep slopes); 2) that the Commission be a part of the review and approval process for the different phases of the project; 3) the zoning ordinance states that a private wastewater treatment facility can only serve one parcel of land with one use and at this time, the project is still in four separate parcels of land (the applicant has prepared a plat of consolidation and pending approval by the Commission and other review agencies, it will be recorded). M Bruce Edens, the project surveyor, pointed out the phasing plan to the Commission using an overhead slide. Commissioners had concerns about spillover from the sewage treatment facility into Back Creek, if there was a large storm flow. Mr. Edens assured the Commission that they would meet all requirements of the Department of Environmental Quality. Commissioners asked if all the roads would be constructed as a part of Phase I or if they would also be constructed in phases. Mr. T. G. Adams, the owner of the property, said that all the roads have been constructed with compacted stone, with the exception of Samuel Street, which is roughed -in. Mr. Adams said that he planned to asphalt all the roads with prime and seal or blacktop. Upon motion made by Mr. Marker and seconded by Mr. Thomas, BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously agree to grant the staff administrative approval authority for the God's Glory Land site plan provided that all comments and concerns of the Planning Commission are adequately addressed, that the applicant legally record the plat of consolidation, and that all review agency requirements are addressed on the site plan. The Planning Commission also unanimously grants the Zoning Administrator the authority to allow the disturbance of the floodplain to ensure that improvements on the site are located in the appropriate areas. There being no further business to discuss, Chairman DeHaven adjourned the meeting at 8:00 p.m. Respectfully submitted, Robert W. Watkins, Secretary Charles S. DeHaven, Jr., Chairman BIMONTHLY REPORT OF PENDING APPLICATIONS (printed October 23, 1995) REZONINGS: . Wilson Opequon 2.99 Acres B1 to B2 n: East side of A for Rd. t. 647 EREed: 09/14/95 ew: 10/04/95 Tabled b PC until 11/01/95 view:LLLheduled L10/11/95 Approved Flying J Travel Plaza REZ) Stonewall 3.65 Acres RA to B3 Location: SW quadrant - interchange of I-81 & Rt. 669 Submitted: 09/08/95 PC Review: 10/04/95 Approved BOS Review: -j L10/11/95 Approved Professional Mobile Home Brokers (John Tauber REZ) Stonewall 2.1514 Acres B2 to B3 Location: Rt. 7; ;00 ds. east of Regency Lakes Dr. Submitted: 08/16/95 PC Review: 09/06/95 - Approved BOS Review: 10/11/95 - AEproved James Carroll Shawnee 2.81 acres RP to B2 REZ) Rt. 522 Location: Custer Ave./Pembridge Rd. Submitted: 10/07/94 PC Review: Tabled by PC: 11/02/94 Pending Admin. Approval: Tabled at Applicant's request: 12/07/94, 03/01/95, 04/05/95, 04/19/95 Next Review Date: 11/01/95 BOS Review: LnoLyet scheduled Wayne Ridgeway REZ) Gainesboro 2.447 acres RA to B3 Location: Rt. 522 Submitted: 04/05/95 PC Review: Tabled at Applicant's request: 05/03/95, 08/02/95 10/04/95 - Denied BOS Review: 11/08/95 MASTER DEVELOPMENT PLANS: J.I.C. Ltd. Industrial Lots MDP Shawnee M1 Lot for metals works & fabrication 8.411 d. acres e Location: Arbor Ct. Rt. 1000 Extension; off VictoryLn. 728 Submitted: 08/11/95 PC Review: 09/06/95 - Approved BOS Review: 10/11/95 - Approved Pending Admin. Approval: Awaitina completion of review a enc re uirements. A hts (MDP) Stonewall 169 SF Det. Trad. Lots RP tion: South of Valle Mill Rd. t. 659) mitted• 04/25/95 [Fi.eldstone eview: 11 05/18/94 Tabled 07/06/94 A roved Review: 08/10/94 A roved in Admin. A royal: LAwaitingcom letion of review agency reguirements Battlefield Partnership MDP Back Creek 16.3 Acres of B2 Property Location: South of Winchester, between Rts. I IS and I-8 I Submitted: 02/21/92 PC Review: 03/18/92 Approved BOS Review: 04/08/92 Approved PendingAdmin. A roval: Awaitin completion of review a ency requirements James R. Wilkins, III MDP) Shawnee 76 Apartments & 86 T.H. (RP) Location: South side of Rt. 659 Submitted: 11/02/92 PC Review: 12/16/92 Tabled 02/17/93 Approved BOS Review: 03/10/93 Tabled 04/14/93 A roved Pending Admin. Approval: Awaiting completion of review agency requirements SUBDIVISIONS: Winc-Fred Co. IDC (SUB) Back Creek 2 M1 Lots (0.552 acres & 20.285 acres) Location: Southeast side of Development Lane Submitted: 09/08/95 PC Review: 10/04/95 Approved BOS Review: Review not required --Has an approved NMP Pending Admin. Approval Awaiting signed plats. Fredericktowne Estates, Sect. 10 & 11 (SUB Opequon 34 SF Detached Lots on 15.4738 Acres(RP) Location: East of Stephens City, north of Fredericktowne Estates, Sections 8 & 9 Submitted: 09/07/95 PC Review: 10/04/95 - Approved under current design stds. BOS Review: Review not required --Has an approved NMP. On 10/11/95, applicant appealed PC decision. BOS anted. Pending Admin. A royal Awaitin si ned plats. Star Fort, Sect. I (SUB) Stonewall 21 SF lots on 7.5713 total acres RP Location: Lauck Drive; east side of Rt. 832 Submitted: 08/28/95 PC Review: 10/18/95 - Ap proved BOS Review: Review not required --Has an approved MDP FPending Admin. A roval: Awaiting signed plats. Maxwell T. Mandel, DVM SUB Location: Opequon 2 Lots from 0.803 Acres (B1) Southeast corner of Rt. 277 & Highlander Rd. Submitted: 07/28/95 PC Review: BOS Review: 09/06/95 - Approved 09/13/95 - A roved Pendin Admin. A roval: Awaiting si ed 2lats. Ltd. Industrial Lots ue of Lot 9-A SUBon: Shawnee 2 Lots - 8.411 total Acres (MI) t Lot - 29.6 Acres B2 Arbor Ct. Rt. 1000), off of Victo Lane t. 728) tted: I 08/11/95 view: 09/06/95 - A roved eview: Review Not Required - Has an Approved MDP A dmin. A roval Awaitin signed plats, RT&T Partnership SUB FLocation: ack Creek t Lot - 29.6 Acres B2 alle Pike Rt. 11 So.) Submitted: /17/95 [Review PC Review: /07/95 Approved BOS Review: not re uired--has an a roved MDP Pending Admin. A roval: waiting submission of signed plat & deed of dedication F-ii;;ood Estates (SUB) Stonewall 20 SF Det. Trad. Lots RP Location: Greenwood Rd. Submitted: 01/03/94 PC Review: Review date pending atapplicant's request. BOS Review: Review not required—has an approved MDP Abrams Point, Phase I (SUB) Shawnee 230 SF Cluster & Urban Lots (RP) Location: South side of Rt. 659 Submitted: 05/02/90 PC Review: 06/06/90 Approved BOS Review: 06/13/90 Approved Pending Admin. Approval: Awaiting deed of dedication, letter of credit, and signed plat Harry Stimpson (SUB) O e uon Two B2 Lots Location: Town Run Lane Submitted: 09/23/94 PC Review: 10/19/94 Approved BOS Review: 10/26/94 Approved Pending Admin. Approval: Awaiting signed plat. Preston Place SYTB Shawnee 72 Garden Apartments RP Location: North side of Airport Rd. Rt. 645 Submitted: 10/31/94 PC Review: 11/16/94 A roved BOS Review: Not required --Has an approved MDP Pend Admin. Approval: II Awaiting si ned plats. SITE PLANS: Timber Ridge Adminis- tration Bldg (SP) Gainesboro 12,800 sf Admin. Bldg. on 2.8 acres (RA) Location: 1463 New Hope Road, Cross Junction Submitted: 10/06/95 Approved: Pending Power Tech (SP) Stonewall 1500 sf addition on 0.13 ac. Ml Location: 1458 Martinsburg Pike Submitted: 10/02/95 Approved: Pending Butler Construction (Butler Mfg. Co.) (SP) Stonewall Bldg Addition on 0.68 acres (M1) Location: 276 Woodbine Road, Clearbrook Submitted: 09/21/95 Approved: 10/06/95 Rite Aid Pharmacy (SP) Opequon Rite Aid Pharmacy on 1.50 acres B2 Location: SE corner of intersection of Fairfax Pk (Rt. 277) & Double Church Rd. (Rt. 641 Submitted: 09/08/95 A roved: Pe ding Training His Tots Christian PreSchool SP Back Creek Shelter Renovation on 2.25 Acres (RA) Location: 4118 Valle Pike; Church of Christ at Mt. View Submitted: 09/01/95 IL Approved: 10/13/95 James Wood High School Addition (SP) Gainesboro School Addition on 0.43 Acres RA Location: Apple Pie Ridge Road (Rt. 739) Submitted: 08/31/95 Approved: Pending Southern States Cooperative, Inc. (SP) Back Creek Fuel Storage/Retail Store on 0.60 acres B2 & Mi) Location: 5784 Valley Pike Submitted: 08/30/95 Approved: Pending Redbud Run Elementary Stonewall Public School on 26.65 acres School SP RA Location: Rt. 7, a rox. 1 mi. east of I-81 Submitted: 08/01/95 Aroved: Ape roved 10/09/95 Wheatlands Wastewater Facili (SP) Opequon Treatment Facility on 5 Acres (R5) Location: So. West of Double Tollgate; ad. & west of Rt. 522 Submitted: 09/12/89 Note: Being held ata licant's request. Flex Tech SP Stonewall M1 Use on 11 Ac. Ml Location: East side of Ft. Collier Rd. Submitted: 10/25/90 Note: [Beingheld atapplicant's request, HCMF Development Corp. (Van Gilder's Nursing Home) (SP) Stonewall Addition on 1.6 Acres (RP) Location: 1011 Pennsylvania Avenue Submitted: 05/30/95 A roved: Pendine consolidation plat by owner. Macedonia United (SP) Methodist Church Addition Shawnee Church on 5+ Acres (RA) Location: 1941 Macedonia Church Rd., White Post Submitted: 07/31/95 A roved: Pendin ONDITIONAL USE PERMITS: Hardee's-Mobile Convenience Cntr. CUP Back Creek Restaurant, Gas, & Convenience Center RA) Location: Rt. 50W - Northwestern Pk at intersection of Ward Ave t. 1317) at the Livestock Exchange Submitted: 09/08/95 PC Review: 10/04/95 - Approved BOS Review: 10/25/95 Joseph W. Edmiston CUP Back Creek Kennel (RA) Location: 1293 Hollow Road, Westview Estates, Lot 5 Submitted: 09/07/95 PC Review: 10/04/95 - Approved BOS Review: 10/25/95 Vito & Carrie Angelone CUP) Back Creek 30 -Run Dog Kennel w/ Storage Area (RA) Location: 376 Gough Road Rt. 6I8) Submitted: 08/15/95 PC Review: 09./06/95 - Approved w./ Conditions BOS Review: 10/11/95 - Approved w/ Conditions 10 Charles W. Goff (CUP) Gainesboro Gun & Small Engine Repair RA Location: 10998 North Frederick Pk., Cross Junction Submitted: 08/08/95 11/21/95 PC Review: 09/06/95 - Approved w/ Conditions BOS Review: 10/11/95 - Approved w/ Conditions VARIANCES: William M. Battaile VAR Gainesboro 35' right & rear variance RA Location: Lake St. Clair Drive in Lake St. Clair Submit ed: 10/11/95 BZA Review: 11/21/95 Richard A. Comer VAR O e uon 4' rear and for 2 -car garage Location: 101 Tern Avenue, Greenbriar Village, Lot 307 Submitted: 09/22/95 BZA Review: 10/17/95-Approved Patriot Homes VAR Shawnee 6' rear yard for a deck Location: 315 Pembridge Drive, Pembridge H hts, Lot 94 Submitted: 09/08/95 BZA Review: 10/17/95 - A roved a 1' variance. Gary I Kerns (VAR) Back Creek 23' front yd & 4' right side yd for attached garage Location: 168 Woodchuck Lane t. 654 Submitted: 09/08/95 BZA Review: 11/21/95 12 1E. PLANNING AND DEVELOPMENT - ACTIVM' REPORT #91 Oct. 1-15 1. Transportation Bob Watkins attended the Transportation Technical Committee meeting at the Lord Fairfax Planning District Commission. Evan Wyatt met with representatives from VDOT, designers of Fairlane Orchard Estates, and Robert Elliott, Jr. to discuss the vacation requirements associated with a portion of Fair Lane. 2. Battlefidd—P-aservation Bob Watkins met with Tim Youmans and June Wilmot to discuss battlefield planning activities. 3. GIS/Mapping There has been an increase in house numbering activity. The Post Office has given the staff a list of structure numbering problems, citizens are calling in, new construction is requiring new street names on private roads and a couple of road name change requests have been received. Staff members are working on and looking into methods, techniques, training, software, etc. to increase graphic capabilities for presentation and publication purposes. Creation and maintenance of new data for the GIS remains the highest priority. Conversion of the old Autocad mapping is progressing, but is an extremely slow and tedious task. Although on the ground accuracy versus digital/paper map accuracy are much to be desired, the County's progress in GIS mapping is progressing much faster than the surrounding counties in the amount of data available, equipment and software available, and total staff capability. Pricing guidlines for GIS data in digital and paper form are being determined and a proposal will be submitted to the BOS for approval. Included in this pricing will be paper copy in color and black/white, digital on disk or tape, and special production and quiries of the GIS database. 4. Plan Reviems, Approvals. and Site Inspections Wayne Miller inspected three sites of location where property owners have applied for variances or had situations that they wanted assistance in determining how they could accomplish desired building. Page 2 BOS Activity Report #91 October 1-15 Eric Lawrence conducted a site inspection of the Red Apple Deli - Subway sandwich shop addition in Stephens City. Eric Lawrence met with Marc Shook of S&S Development and discussed a potential site for a Pizza Hut carry -out store. Eric Lawrence inspected a site and discussed the property owners' desired development. Building setback lines were discussed and it was apparent that a variance would be necessary to locate the house as planned. Evan Wyatt reviewed the following site plans: 1) Southern States located along Valley Pike for the replacement of above ground storage tanks with underground storage tanks and the construction of a fueling canopy. 2) Butler Manufacturing located along Woodbine Road for the addition of manufacturing and office space. 3) James Wood High School located along Apple Pie Ridge Road for additional classroom and cafeteria space. 4) Sherando High School located along South Warrior Drive for additional classroom space. 5) Site Plans within the City of Winchester for access improvements at Sacred Heart and general development plans for the F & M Bank retained portion of the Grim Estate. The following site plans were approved by Evan Wyatt and/or Wayne Miller: 1) Redbud Run Elementary School located along Berryville Pike. 2) Butler Manufacturing located along Woodbine Road. 3) Mountain View Church of Christ located along Valley Pike. Page 3 BOS Activity Report #91 October 1-15 Evan Wyatt conducted the following site inspection: 1) New warehouse and office facility for Precision Tune located along Kentmere Court in the Stonewall Industrial Park. 5. Meetings Wayne Miller met with Bruce Edens of Greenway, Inc. and Pat Brasher of Delco Development to discuss realignment of the entrance into the Big Lots/Hoss's Steak House and addition of other improvements on the Delco Development property. The design includes repaving of the Big Lots parking areas and extension of a private road behind Hoss's into the Delco parking lot near the Food Lion. Wayne Miller met with representatives of Marsh & Legge to discuss design issues and ordinance requirements for two major Rural Area subdivisions that are in the design stage. Bob Watkins and Eric Lawrence met with Steve Gyurisin of Clifford & Associates to discuss a development proposal. Evan Wyatt had the following meetings with: 1) Ken Bonner to discuss the proposed administration building at the Timber Ridge facility located along New Hope Road. 2) Ron Mislowsky to discuss the proposed Amoco Convenience Center located along North Frederick Pike. 3) Keith Burr to discuss a new Master Development Plan for property owned by Dr. Fish located along Hopewell Road and to discuss addendums to the Winchester Electric site located in the Fort Collier Industrial Park. 5) Steve Gyurisin to discuss site plan requirements for the continuation of Regency Lakes Estates - Section "E". 6) Steve Weeler of the Sheriffs Office to discuss population information and population Page 4 BOS Activity Report #91 October 1-15 projections for Frederick County. 7) The Technical Review Committee to discuss a site plan for a new Golden Corral restaurant located along Costello Drive. S) Wendy Jones of the Sanitation Authority to discuss information for the update of the Comprehensive Plan. 6. Zoning Violations Wayne Miller conducted nine investigations of zoning violations. Two were illegal businesses operating in the Rural Area Zoning District. Three criminal complaints were filed against inoperative vehicle situations that owners have failed to correct after more than 30 days. Eric Lawrence conducted four site inspections as a result of complaints received. One inspection resulted in a zoning violation. 7. Professional Development Bob Watkins and Planning Commissioner Bob Morris served on a panel at the Planning Commissioners Institute in Falls Church. Denice Cather, Beth Hall, Karen Clark, and Renee' Arlotta attended a Microsoft Windows 3.0 and 3.1 Workshop on September 21. The workshop covered the basics of understanding window functions, interpreting and selecting menu commands, organizing files, the use of icons and dialogue boxes, and other beginner techniques. P/C Review Date: 11/02/94: Tabled P/C Review Date: 12/07/94: Tabled P/C Review Date: 03/01/95: Tabled P/C Review Date: 04/05/95: Tabled P/C Review Date: 04/19/95: Tabled P/C Review Date: 11/01/95: REZONING APPLICATION #008-94 JAMES CAIRROLL To Rezone 2.81 Acres From RP (Residential Performance) To B2 (Business General) LOCATION: From Interstate 81 approximately, 75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. MAGISTERIA>< DISTRICT: Shawnee PROPERTY ID N TMRE - 64A -4-20A, 64A -10-A, 64A -10-B PROPERTY ZONING & P FSENT USE: Zoned RP (Residential Performance); present use: vacant ADJOINING PROPERTY ZONING & P F ENT USE: RP (Residential Performance), present use: residential and vacant PROPOSED USE: Business and Commercial KJ_ /MMM M'Y Virginia Dent of Transportation. See attached comments dated 09/28/94. Page 2 Rezoning 4008-94 Fire Marshal: Hydrants must all be on designated fire lane. (1) Will address specific fire department issues on site plan. (2) Applicant should address fire and rescue impacts based on County's computer model available from Planning Department staff. County Engineer: We have no comments at this time. However, we reserve the right to perform a detailed review at the time of a site plan submittal. County Attorney:, No comment. Location: The property is located within the Urban Development Area, in close proximity to an interstate interchange. The future land use map within the recently completed report on Frederick County business corridors shows this area of Route 50 as being a business/office use. B-2 zoning would not be out of line with this categorization. Site Suitabiiity: The parcel is relatively level with no steep slopes or other environmentally sensitive features as defined by the County's Zoning Ordinance. Sewer and water are available to the parcel. Potential Impacts: Impacts from the proposed rezoning would not differ greatly from those that would be expected from development under the current RP zoning of the property. The traffic generated under B-2 zoning would be expected to be greater than under RP, however, the difference as a percentage of existing traffic would not be significant. The applicant has proffered that there would be no entrance on Etnam Drive and there would be a total of no more than five entrances to the site. The applicant has not eliminated any of the uses allowed under B-2 zoning. The County's impact model forecasts a net fiscal gain to the County with the exception of a cost for the unfunded portion of fire and rescue services which is forecasted at $1947.25. This amount is contrary to the applicant's impact statement which forecasts the cost at $757.00. This difference appears to be in part a result of the applicant generating a per acre cost rather than a total for the entire 2.8 acres. Page 3 Rezoning #008-94 The cost for fire and rescue services under the current RP (Residential Performance) zoning as forecasted by the model is $648.80, with the cost difference being $1298.45. The applicant has not proffered a contribution to cover this cost. Conclusion: The proposed zoning conforms to the proposed future land use map developed by the Comprehensive Plans and Programs Committee and proposed for adoption as a part of the County's Comprehensive Plan. The County's impact model, however, projects a cost to fire and rescue services which has not been offset by the application. STAFF RECOMMENDATION OF 11\02\94 PC MEETING: Denial, based on the cost impacts to Fire & Rescue of the proposed zoning. PLANNING COMMISSION SMMARY ANDA TION OF 11/02/94 The applicant revised their proffer statement to include an increased emergency services payment to Fire & Rescue that matched the County's impact model. The applicant also presented a survey of the four lots proposed to clear up any discrepancy on which lots were involved in the rezoning. Fifteen residents of the Pembridge Heights Subdivision came forward to speak in opposition. The residents spoke about the heavy traffic in this area and felt the addition of a business at the entrance to their subdivision would only add to their traffic problems. They also felt that the existing access road to Route 50, Custer Avenue (Rt. 781), was inadequate. A petition was submitted containing 199 signatures of residents of the Pembridge Heights Subdivision who were in opposition to the rezoning. Mr. James H. Carroll, the property owner, said he had an informal discussion with the Planing Commission at the time Pembridge Heights was being developed, to ask if the Commission would grant him commercial zoning if he gave the developers a right-of-way through his property to Route 50. Mr. Carroll felt that the Commission's feeling were favorable toward rezoning at that time. The Commission felt that traffic was going to be a major consideration at this location and that the intersection at Route 50 and Custer Avenue (Rt. 68 1) was dangerous. It was noted that the applicant had offered no plans to modify the existing street network. Commissioners pointed out that residential traffic would have to pass through the proposed commercial area in order to get to the residential area. Some Commissioners felt they could support a B I zoning or a B2 zoning, if intense uses were proffered out; other commissioners felt it was too late to put commercial zoning Page 4 Rezoning #008-94 here, since most of the homes in Pembridge Heights had already been built and sold. The Commission tabled the rezoning for 30 days or until December 7, 1994 by unanimous vote. (Mr. Wilson was absent) I!LANNING COMMISSION ACTION OF 12/07/94• Applicant requested tabling the application until the March 1, 1995 meeting. PLANNING COMMISSION A TION OF 03/01/95: Applicant requested tabling the application until the April 5, 1995 meeting. -PLANNING MMI I N ACTION F 04/05/95: Applicant requested tabling the application until the April 19 , 1995 meeting. PLANNING COMMISSION SUMMARY AND A_C ICN OF 04/05/95: Mr. Charles Maddox, Jr., project consultant, presented a proposal for an access from Rt. 50 into the area north of this property towards Senseny Road which would include a side access into Pembridge Heights. He said that Custer Avenue would be reconfigured to create a 90 degree intersection far enough away from Rt. 50 to allow sufficient room for stacking of vehicles. Mr. Maddox said that this was a significant infrastructure project and money for the project would have to be acquired from other sources besides Mr. Carroll's proposed project. Mr. Maddox felt it would be about a year or two before he could present a formal proffer because of the extensive work needed for surveying, abandonment, and rededication of right-of-ways. The Commission unanimously tabled the rezoning for two weeks at the applicant's request. PLANNING COMMISSION SUMMARY AND ACTION OF 04/19/95: Mr. Charles Maddox, Jr., project consultant, requested that the Commission table the rezoning for six months in order to accomplish the work necessary to establish acceptable proffers and to determine the feasibility of their approach to solving the problems identified with this site. Mr. Maddox requested that the Commission agree to provide a positive recommendation to the Board because of the substantial financial investment involved in this approach. A number of Commissioners felt that some of the B2 uses would not be appropriate for this area and would need to be proffered out. Most of the Commissioners had positive feelings about rezoning, if a safe and attractive Page 5 Rezoning 9008-94 entrance road off of Rt. 50 could be accomplished to accommodate the traffic that will ultimately come to this area. The Commission unanimously tabled the rezoning for six months at the applicant's request. (Mr. DeHaven abstained.) COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 276 RAY D. PETHTEL EDI'NBURG, 22824 COMMISSIONER WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE (703) 9845600 FAX (703) 9845607 VDOT COMMENTS TO REQUEST FOR REZONING - JAMES CARROLL PROPERTY 09/28/94 No objections to the rezoning of this property from RP to B-2. Commercial development of this property along with further development of the Prince Frederick Business Park on the south side of Route 50 could have a significant impact on the adjacent Route 50/781 intersection. Intersection improvements and possible signalization may be required to accommodate additional traffic. The upgrading of Route 781 from Route 50 may also be necessary. Prior to development a complete set of site plans which detail entrance designs, drainage improvements and trip generation from the I. TE Manual, 41h Edition will be required for review. A storm water system wiII need to be provided to accommodate the existing drainage outfall ditch and easement which crosses the property. Any work performed on VDOT right-of-way must be covered under a land use permit. VDOT Signature and Date: xc: Mr. S. A. Melnikoff Mr. J. B. Diamond (FYI) TRANSPORTATION FOR THE 21 ST CENTURY 09/28/94 w �• I� u :r��u, s u�\ G� ? ll+tr.rrwr" s l a• E • .• w �' m/ GGCQ 110 ♦ pct '714 P lei pit / r25tei � I „+� M w t A r� to � v Q 107 109 1 'a " ' ' \i, ' nr �� I4 113 • � C, c; , � • � v i � nr � n t � �'^ • , Li �'f1 �" wa i x ! • 1 wr R • -�{ �P 1v 6 ry Q 4q o� s • • '♦�r /, ,��JJ Z / s • a ,� °�oi�s o"' ray, a • r '~ w a'; a QA / b /gy � 8� r . � � �J� 4 w , �• '� IU • ' � � OC w�O ✓✓S 6 i Q s i ay � t • � See 100 0y Oq 126-423 1100 aO 230-582 � ,i � ,�`[ergL e_ h 4 89A A aE 4J 'rob, • � � COste/ '�°� `�L. �A �f, • n /° 89 4��amt �l UfPh�r'. w ♦ A tri <-P 6m �Q �n Cr * eSt Oriv 1 i N a Al 1 is A 8gy.70p + a 88 z � 86 84 meq i v 1 Q + • I M M + • Q� I i a. i • y #-45E SCple in deet � " O 45C y �� �" ,�- 0 300 600 900 Location Map for PIN: 64A --4-20A James Carroll Rezoning #008-94 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning staff`: Zoning Amendment Number '� - q Date Received ` C --IBOS Hearing Date PC Hearing Date 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, 23 Court Square, Winchester. I. Applicant: Name: Jane Address: Silbert W. Clifforc do Associates Inc. 200 11. Cameron Street. Winchester_ Va 2��ni Telephone: 703-c67-2139 Fax: 665-0493 2. Representative: Name: Sane As Above Telephone: 3. Owner: Name: James H. Carroll c/o Stephen MI. 4urisin Address: Silbert W. Clifford & Assoc . Inc . 200 N. Cameron Street Winchester VA 22601 Telephone: (03-667-2139 12 The . Code of Virginia allows us to request full disclosure of ownership in relation to rezonin applications. Please list below all owners or parties in interest of the land to be rezoned: James H. Carroll 4. Zoning Change: It is requested that the zoning of the property be changed from hP to B-2 5. Current Use of the Property: ftcan t 6. Adjoining Property: PARCEL ID NUMBER USE ZONTNG 64-hoo-ooco-o113o _�-AOU-0000-0019 04-104-0000-00200 64A -0010-0001-20A t Vacant Vacant Residential Residential RP 7. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): AoL.,roxi .ately .75 iles east c,f the City o Winchester at I-81. N.,-rth of R ace 50 east ^n R, ute 781 at Peribri-zge Road. 13 8. Parcel Identification: 14 Digit Tax Parcel Number. _64A 0()04 L= 20. A. 9. Magisterial District: _ Sha.wnee 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 2.81 2 Acres The area of each portion to be rezoned to a different zoning district category should be noted: 2.8132 Acres Rezoned from hr to B-2 Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: truckle-Lages, Inc.Arownell, In:.. Deed Book Number 08 dl Pages 622/706 12. Proposed Use: It is proposed that the property will be put to the following uses. F.uasnvaa e r -_i 13. Checklist: Check the following items that have been included with this application. Location map Plat { Deed to property X Statement verifying taxes paid X Agency Comments X Fees X_ Impact Analysis Statement X Proffer Statement X 14 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) 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: Owner. Date_ u 9 15 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 8 of the application package. The following information should be provided regardless of the type of rezoning: Fire Service District: Rescue Service District: Total Proposed Non -Residential Lots/Buildings: :rPAnvnnri C;reenwoou N/A The following information should be provided with any residential rezoning: Elementary School District: Middle School District: High School District: Number of Single Family Dwellings Proposed Number of Townhouse Dwellings Proposed: Number of Multi -Family Dwellings Proposed: Number of Mobile Home Units Proposed: Armel Frederica County Ja:�es Wood N/A N/A NIA _N/A The following information should be provided with any commercial/industrial rezoning or with a residential/commercial (P.U.D.) rezoning: Gross Office Square Footage: Retail Square Footage: Restaurant Square Footage: Service Station Square Footage: Manufacturing Square Footage: Warehouse Square Footage: Hotel Rooms: N 'r_h_ere a`re no pecific uses or souare foo taae (r ;axi itm or : inimum ) planned at this time. A site tievelopraent plan, in accord with all re ul nig i ons ill }hp ;IrP rpd at time of •jevelooment 'Y` ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain .the following information on each adjoining property including the I4 -digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. ame Address and Property Identification 1 • Address: 3792 Melody Lane Hagerstown, MD l±:uwar:: lt. Miller, Et Al Property ID: cAO00-A00-0000-01130 • Address: Rt. 6, Box 203 Arnolj. J. & Jottie Bartley Winchester, VA 226(11 Property ID: 64ACO_00Lf-0000-00200 Address: 355 South P to:rac Street Winchester Uutdoor Hagerstown, IiL 410"10 Advertisinx Property ID:64000-A00-0000-00 0 • Address: 130 Etna., 7 rive Ldwar:: F . , Jr . & r;ay L. Hunt Winchester, VA .2602 Property ID: 64A -0010-0001-20A • Address: 127 Etnam Drive James L., II1 & .lizabeth D. Winchester, VA 22602 Harman Properly ID: 64A-0' 10-0001-183 • Michael & Shannon Watson Address: 131 Etnam Drive Winchester, VA 22602 Property ID: 64A-0010-0001-184 • Address: 133 Etnam Lrive Jung Chul & Jaaie Hong Shin Winche=_ter, `" 22602 Property ID: 64A-Oo10-O,.o1-1 94 8. Address: 104 :� enbric:ge Lrive Scott H. & Paige r. Clark Winchester, VA 22602 Property ID: 64A-0010-0001-001 Stephen W. Rhinehardt Address: 106 Pe. bridge Drive Winchester, VA 22602 Property ID:64A_001C-0001-002 17 AMENDMENT ACTION.• PLANNING COMMISSION: November 1. 1995 BOARD OFSUPERVISORS. AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #008-94 of JAMES T. CARROLL WHEREAS, Rezoning Application #008-94 of James T. Carroll to rezone 2.81 acres front RP (Residential Performance) to B2 (Business General), and which is located at the intersection of Custer Avenue and Pembridge Road, designated with PINS 64A -4-20A, 64A -10-A, and 64A -10-B, in the Shmvnee Magisterial District, and, WHEREAS, the Planning Commission held a public hearing on this rezoning on November 1, 1995; and, WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on : and, WHEREAS, the Frederick County Board of Supervisors f nds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change Z. 81 acres, designated by PINS 64A -4-20A, 64A -10.A, and 64A -10-B, from RP (Residential Performance) to B2 (Business General) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner. PROFFER (Revised) CARROLL REZONING CASE NO. 008-94 '1N3�id413,�36 Q*11l ` � 9N�rdNYTd !Q "sd3�i a3J113�32 K6 I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There shall be no entrance to the property on Etnam Street. 2. There will be a total of no more than five (5) entrances for the property. 3. The Owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. James H. Carroll Date 4,11 This ordinance shall be in effect upon its passage. Passed this Richard G. Dick Chairman day of , 1995. W Harrington Smith, Jr. Charles W. Orndoff, Sr. Jimmie K. Ellington James L. Longerbeam Robert M. Sager A Copy Attest John R Riley, Jr. Frederick County Administrator FREDERICK COUNTY, VIRGINu IMPACT ANALYSIS STATEMENT FOR REZONING REVIEW AND APPROVAL OF THE JAMES H. CARROLL PROPERTY Shawnee Magisterial District AUGUST 1, 1994 gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 A Fax: 703-665-0493 ;. ACTANALYSISSTATEMENT REZON/NGAPPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS L SUMMARY 3 M INTRODUCTION 3 IIL PLANNING ANALYSIS 4 • Site Suitability • Adjoining Properties • Zoning Review IV. TRAFFIC 5 V. SEWAGE 6 VI. WATER 6 VII. DRAINAGE 7 VIII. SOLID WASTE 7 DG HISTORIC SITES g X COMMUNITY FACILITIES g • Education • Emergency Services • Parks and Recreation • Other XI, ENVIRONMENT 9 XII. FISCAL 9 XIII. OTHER 9 APPENDIX 10 IMPACT ANALYSIS STATEMENT for James H. Carroll Property I. Summary 'ACTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARRO(.L PROPERTY AUGUST 1994 The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to evaluate the above referenced project in light of several major planning issues, as outlined and required by the Frederick County Board of Supervisors. This document is prepared in support of and in preparation to rezone the referenced property from present Residential Performance (RP) to General Business (B-2). The property is suited for General Business (B-2) zoning. There is a positive fiscal impact. Current zoning requirements allow for adequate measures to provide for buffers and screens that would mitigate any negative impacts to the surrounding neighborhood. Neighborhood traffic impacts have been minimized with proffers limiting entrances. II Introduction The 2.8132 acre property of James H. Carroll is located at the intersection of Route 781 and Pembridge Drive, just north of Route 50 and east, approximately .75 miles, of the City of Winchester corporate boundary at I-81. The property is currently vacant and is divided by Pembridge Drive creating two parcels. Both parcels are identified as tax parcel 64A -0004-0000-20A and are currently zoned Residential Performance (RP). General Business (B-2) zoning is planned for the property. The property is located in the Urban Development Area is part of an interchange business area and is part of a corridor area planned for future business. Preliminary site development planning indicates that this site can support most General Business (B-2) uses while providing adequate protection space for zoning buffer areas. 3 JACTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 III. Planning Analysis Site Suitability - The property has no site specific development limiting factors. The property appears well suited for General Business (B-2) zoning use development based on site evaluation of soils, slopes, wetlands, ponds and lakes, flood plains and other site suitability and environmental factors. Soils - The soils are suitable for site development purposes. The USDA Soil Conservation Soil Survey for Frederick County identifies the soils of the property on map sheet 36 as Weikert- Berks channery silt loams. Prime Agricultural Soils: The property does not contain any prime agricultural soils as identified by the Frederick County Comprehensive Plan. Slopes - There are no steep slopes on this property. The topography is ideally suited for General Business type development. Slopes generally range from 2% to 7% and elevations range from 659 to 678 feet above sea level. Wetlands - There are no wetlands on this property. The property is generally well drained and has no low lying wet areas that wetland vegetation that indicates the presence of a wetland area. Ponds and Lakes - There are no ponds or lakes on the property. Flood Plain - The property is not located within the 100 year HUD designated flood plain as identified in the Frederick County Comprehensive Plan and panel map number 510063- 00115B of the United States department of Housing and Urban Development Flood Boundary map. Adjoining Properties - Development impact concerns are primarily north of the property where single family residential houses are located across Etnam and Pembridge Drives. The impacts of the General -Business (B-2) uses on the surrounding residential uses is greatly reduced through existing zoning distance, setback, buffer, landscaping and screening regulations. A 35' building setback is required, and; in addition, a 50' distance buffer is required with a full screen. A proffer is suggested that restricts entrances/driveways on Etnam Drive and limits the total number of access points to five. 4 h. .-4CTANALYS1S STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 The adjoining property to the north is single family residential detached urban houses part of Pembridge Heights subdivision, zoned Residential Performance (RP). To the east is vacant open land zoned Residential Performance (RP) and currently undeveloped. To the south is State Route 781, and to the west is a mix of older single family, detached residential houses and vacant lots. Zoning Review - The property is currently zoned Residential Performance (RP) allowing by right a variety of housing types. Approximately four to eighteen homes are permitted depending on the type of housing planned. Front yard setbacks, buffers, screens and parking would be required under the RP zoning codes. Driveways for each house would be permitted throughout the property. Under the General Business (B-2) zoning regulations a variety of office and service uses are permitted. Approximately 12 to 15 % or about 18,000 square feet of the site may be used for business structures, the remainder of the property would be used for parking and required open areas such as buffers and storm management. The B-2 floor area to lot ratio is 1.0. The minimum landscaped area is 15% or about 18,000 square feet. The maximum height of any building is 35 feet. Required setbacks are 35 feet. The impacts of the General -Business (B-2) uses on the surrounding residential uses is greatly reduced through existing zoning distance, setback, buffer, landscaping and screening regulations. IV. Traffic Impacts Traffic impacts are negligible for this property. Impacts of vehicular access and turning movements on the residential area north of the property have been removed with the proffer that eliminates all vehicular entrances on Etnam Drive. The estimated 16,500 square feet of retail floor space created by this property will result in approximately 210 trips per weekday of traffic. based on ITE Trip Generation figures. The subject project will not originate trips since trip generation is a function of residential use. By removing the approximate 3 acres of land from residential performance and considering 2.5 dwelling units per acr% density for single family, which is the adjacent use, the increase is only 125 trips per day. 'ACTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H CARROLL PROPERTY AUGUST 1994 Most traffic would enter the site via Route 781 and Route 50. The site is ideally suited for access at the junction between Pembridge Drive, State Route 781 and U.S. Route 50. Most of the traffic using the site will use U.S. Route 50 and VA Route 781. The increase on both these roads of 10 trips per hour is negligible. V. Sewage Conveyance and Treatment Impacts There are no sewage conveyance or treatment problems with this property. The sewage from this property will connect with the regional interceptor system at Route 50 and be pumped to the Opequon Regional Facility. Flows generated from this complex are estimated by the State Health Department at 3300 (200gpd/1000SF) gallons per day with an instantaneous flow at peak of 6 gallons per minute. All sewage conveyance systems involved have full capability to handle this additional flow, as does the plant have the capability of treating and discharging this flow in satisfactory manor. It should be pointed out that by right, that 7 units of development available on this property under current zoning would produce 3,000 gallons per day of wastewater. VI. Water Supply Impacts There are no water supply or transmission problems for this property. This property would connect to the existing 8" water supply system located in Pembridge Heights. There are no known limitations in the water system which . would preclude the use of the property as shown. The property will utilize the same amount of water as projected in sewage flow or 3300 gallons per day. Fire protections measures such as the installation of fire hydrants will be addressed at the site development planning stage. The installation of fire protection hydrants poses no problems. The installation of fire hydrants on the property will improve the fire protection means of the surrounding properties as well. s .PACTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARRIXI PROPERTY AUGUST 1994 VII. Drainage Facility Impacts Proper storm water management planning will result in minimal or no site drainage impacts. The development of commercial in lieu of residential will increase run off in small amounts over that which would be created in residential use. It is recommended that either suitable green space be allowed to reduce run off amounts or that the increased run off would be reduced prior to discharge from the site. In lieu of the above, additional storm water detention calculations should be presented with final design which would show no adverse impacts created by the imposition of this increase storm water on the existing downstream water course. Drainage flows generally toward State Route 781 and Route 50, crossing under Route 50 to the south -side of the road. Predevelopment runoff rates will be maintained using recognized storm water management standards. VIII. Solid Waste Cost There are no solid waste collection and disposal impacts. Solid waste will be exported by contract hauler at no cost to the County. No additional solid waste facilities will be required to handle the waste from this property. Impacts to the County will be reduced with the planned B-2 rezoning. Under the current RP zoning and assuming 7 housing units on the property, the estimated cost of $1400.00 for solid waste disposal impacts is needed. The planned B-2 zoning change would result in a reduction of impacts since there would be no collection fees and since tipping fees are designed by the County to cover the expenses of solid waste disposal. I.. ACTANAL YSIS STA TEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 DG Historic Impacts This project will not involve the loss of any historic buildings, sites or artifacts that are known. The area has been significantly developed on all sides and no such findings of historic importance has been identified. There are no structures currently located on this property. A review of the National Register, the Virginia Landmarks Register and The Frederick County Comprehensive Plan indicates that there are no known historic structures or sites on this property. X. Community Facilities The property when zoned B-2 will generate tax revenues with a net worth of approximately $60.00 per square foot and a tax base of $990,000 which totals at a tax rate of $.60 approximately $594.00 per year of tax revenue. Education - This project will generate no school children and therefore have no effect on educational cost in Frederick County. Capitol cost impacts for school age children will be reduced since no school children will result with B-2 zoning. The current zoning of RP, with 7 units would produce about 7 school age children. Parks and Recreation - This project would result in no impact on Parks and Recreational facilities. Emergengy Services Cost - There are no additional fire, rescue or sheriff facilities anticipated with the development of the property using B-2 type uses. Fre protection is available from the Greenwood Volunteer Fire Company. The planned B-2 rezoning will have all required site development standards required by the fire code, building code and zoning codes. There are no fire protection problems associated with this property. All hydrants and fire protection measures will be installed when the property is developed. Rescue services are provided by the Winchester Rescue Squad with future service from the Greenwood Volunteer Fire Company. 8 ACT ANALYSIS STATEMENT REZ0N/NG APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 Sheriff Department services protection will be required by this facility. Routine patrols of the Pembridge area should suffice for the majority of time and materials necessary to cover this facility. M. Environmental Impacts There will be certain minor negative impacts due to the construction activity including run off sediment, noise and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. A minor increase in run off quantity and a decrease in quality is probable from this development. The effects on the down -stream impoundment and stream ake minimal and in accordance with local and state regulations. There is no known loss of irretrievable resources involved with this project. There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. A minor impact of a negative nature is associated with lighting for security and business use. These should be closely controlled during planning stage to minimize the adverse impacts on adjacent residential structures and impacts on the traveling public. XII. Fiscal Impacts Fiscal impacts for the property are determined based upon the fiscal impact model prepared by the Frederick County Department of Planning and Development staff. The model assumes 36,500 square feet of retail floor space. The square footage assumption figure may change, but should have no significant influence on the model output. MIL Other This planned zoning change would create a positive fiscal impact as compared to the existing zoning. There are no known other impacts. \Co.nt,,y C,.b H A Z, V• 3F Q) Shen. fth V1, 0,A^ y 656 j Wale, w" 410k, Ic CP INTERCIwIf ".7 4�- N Alw, _[O ecscff I's ec Me DdS V Is r.01f Club jo am 7, C x ;,Fz , 0 JAIC '7\ 4- DGI 814 712. :0, . . . ...... Gilbert W. Clifford and Associates 200 N. Cameron Street 1- PROPERTY LOCATION MAP Winchester, Virginia, 22601 703-667-2139 pN/F PEMBRIDCE HEIGHTS — PHASE I Parcel 19' JAMES H. CARROLL y { TM Ins 64A (4) { PCL 20A 10' Temporary Construction Easement 1 10Permanent Water Easement NOTES: 1. No Title Report furnished. 2. Boundary information was token from Public records and not field verified. ¢�- S H OF T S. W. •MARSH Z a CERTIFICATE NO, `-� 1843 a, PorcW A' VA. SEC. R TE. 781 2 BOUNDARY SURVEY N/K' Edward K Male, PLAT SHOWING 10' PERMA NEN T WA TER EA SEMEN T Cnd 10' TEMPORARY CONSTRUCTION EASEMENT through the land of JAMES H. CARROLL 08 622 — Pg 308 to be acquired by FREDERICK COUNTY SANT TA TION AUTHORITY Shawnee Magisterial District Frederick County, Krginio DATE: August 1992 1 SCALE: 1"-100' Plat No. 9354—IX-1 gilbert w. Clifford & associates, in c. ENGINEERS — LAND PLANNERS — SURVEYORS 150—C Olde Creenwich Orive Fredericksburg. Virginia 22401 200 North Cameron Street (703) Sge-2115 Winchester, Virginia 22601 (703) 667-2139 W. tJ. Y hw, ��l L NIo �� V• � (, A� �• 4' `u� �• ��j;� � "� `/� �' �!� �,1� � til v/O V� U ��' � N//•U7 JL N�a2'. 'li�� W �qa ice,I 4 ll�' �4j � 1u f�L ` �• .( O v 6 ism `L (G �An CEL lJ Lj 1 3. REQ. jRDED SUBDIVISION PLAT -� Sfv�Fs S cl..�t cw•w1.L / to v D -r Y `•^U J �• c� r y ` CC rim. CC PE116R/OqE HEIGHTS -PHASE ..Z' Ss/AA'•vn,EE asreICr c.cToc�vc,r cou/vrY Vr/CollvlA CCI OC >t 4,/963 �y1f%17IN pFrr� '�i` bixca�rr ! 19a ICU Xf�a'urtvE, • • PACtilLLi• SiMrJIOtdS b ASSOCIATES, LTC). 305 S. Harrison Sircet, Suite 200, Lcesbum, Virniid: 22075 '— •70'x-777-:75:. 47;.-001S I-nc�uu�ia`:. {'f.uir��`I•' '�ur;r;lti M 4. R xi(7m, 1• �� 11 h th �\r1 IG� �� t� •fir` .1 . "t t� 6, IL r a • � qui �b �3. V i • e , • ,SCC v//E E /" U CJ/' // T• `•�M cl d� r z c • t a • Y (• ., < • � L y, ` F�/vAc. Pr.Ar AEA76R/DIE HE/GNrS -RWASE I s��A/yvEE asrR�cr F,CEOE�f'/CK Gov.,W); V/iCG/N/A %ZA4E/-- /cv a: �cacT 4 /7s3 43 Ir" P to b., 11.1c.1.1 U-4 ""w1 -A- 10 v cT le �i bixca�a ��1 rta r462 � , • PACIULLI, SIMMONS & ASSOCIATES, LTD. ® 305 S. Harrison Street, Suite 200, Lce:burt, Vir0inh. 22075 p — .701-717-27:5 ' X17,,-t01S E I tll)u11•rr:, P1.ln11i'm ':Ur,i•,,u� t FAM y/ OKI UGPG3U l y� Y�UMS t7Em, made this 9th day of February, 1909, by and between movEL,T„ IIn1C., 77WnZ ("Grantor-) and James H. CAiM L ("Grantee"). wrnmssEAit lbaC for aid in consideration of Ten Dollars and other good and valuable Censideratien, the receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell and convey, with General Warranty and DhglirJh Covenants of Title unto Janes H. CARRDIL, all that certain lot or parcel of land, situate and being in Frederick Oounty, Virginia, and being sm particularly described as _ follows: J Pausal A and Parcel H as shown an a plat prepared by pacilli, Siwcm o Associates, XMD dated October 1, 1988 and recorded in Deed Book '1l• , at _ Page JL—_'S, in the land records of Yrodaridc Oournty, Virginia. n AND BE IG A FCFMCN of the same property acquired by Grantor by Deed dated September 26, 1988, and recorded in Deed Hook 695, Page 915 in the land records of Piedarick County, Virginia. j This aonvcyannoo is Mmes subject to conditions, valid restrictions and e rights of way of rnxsoxd. ai W]:T!>FSS Seiff=F, Seller has cau6ed this Decd to be aaea:tod by a evaporate officer, as of the date first set forth above. litCHNEILL, ]tic., Ti3JSl•FE l��.i•+ii�R�I�IG.�_ . STATE OF Virginia COMM or lardonun, to -wit: �• The foregoingtram n acknowled :arged Febny, 1989, by RC HWNELZ„ I1iC. , TlIIISl' z , an b f o! corp My Con anion Dpirm 7 Considoration: S aS,QCCI'� Tax Flap Reference No. — Hailing Address of Purchaser: VIRGINIA: FREDERICK COUNTY, SCT. - This in'sttr/yn/dent o1 wrtli! was produced to me on the 7 CfsnY of 1� at:c3�L��% and with of ool :wledgment Ulmrlo annexed was adiWic i ij he=rd• Tax fehposcd t7 ¢x 5� `� 1 of and 58.54 have been pea; , it assessable CLERK page 1 RIMMI TO: tAW OFFICES WOODROW W. 1URH R, JR. T8800058 jlo day of • of t or.7OGru302 THIS DEED OF DEDICATION AND EASEMENT in made thin h 7 .1:ey r.f February, 1909- by Jatmr?s H. CARRULL atnl R -1 -Ly II. rAltllul.l., laesban•l :ue.l wife, both jointly and individually, by Michael L. CA11111/1.1., lhe•ir Attorney -in -Fact (hereinaftec "grantor"), and tire VIRGINIA 11PPAIIT?IENT OF TRANSPORTATION ( Isere i n.e f l 8•r "Vlrr' ). W 1 T N E S'S E T 11 t IiIIERP.AK. Grantor is Ilse Owner Of that certain triol Or parr•r•1 r,f land Rituate, lying and I-inq in Sh:ewar•e M.etpiRl.crial 1) ri- Frederick county, Virginia. and more particularly d.tw_rib,rd an l.aviny a North boundary file,? On Virginia Route 701 and old Route 5u, .en.l containing 2.120 ae:tYrn. mora ler lawn, thereinafter Lhr "Pr.q"•rte•-I. and being the sama l.rop.r:rl y aetgtti red by Llu: Graletur and nhuwo Ore t hot. certain plat and survey vvidde by 11. Bruce !:dens. C.L.S. dated April 20. 1972, recorded at Decd Cook 622, Page 300, among Live land re.•ords of Frederick County. Virginial and WHEREAS, it is the desire of the Grantor to dedicate for pastel ie. street purposes a portion of the Property being a strip. Of I:888.1 511.76 feet wide, more or Ices. and 101141 In?Iwe•.•n the Virgini.e Staff. 11.0081.• 781 and property adjoining the l.ropKsrt y an . Lha nr.rl h: said strip being inure -particularly slwtwn-Ou the plat prepared by P.eciulli. Simmons A Assaciates. Ltd.. C.L.S., dated pr:tuber 4. 14011 aLt.:n:11••.1 ►rt Lhis decd and.ma.lu a part hurtruf (hereinaftar that "p,1.et"lt NOW, THEREFORE. TIIIS DBED WITNESSETIlt Lhat fur ge,wt .eel va111.e18le consideration. the receipt and sufficiency Of which in herol.y acknowledged, ta•aulor dues hereby grant.. 1.:ergain :u.,l .•.,nv.•y 1... VIST and dellvate for p•tebl lc NI rest purp.osas Lhat (a,rtiun of th.• 1•r.q"•rty set forth on the attached and incorporated plat WITNESS T11P FOI.IAJWiNG SIGNA'Q(1R Jamen H. C.&roll Ly "Mir 1..,.• 1 '» " Carroll, his Attorney-in-Fer:t _ Betty R. C rrOi , by Michael L. Carroll. her Attorney -in -Fact on70GPG383 COMNUNWKALTR UY VIRUINIA;a-1 GO NTY/CITY OF •lilt. s 1 r .1 Acknowledged before me this 1h day of February. 1989. by Janes N. Carroll by his Attorney-in-Fact. Michael L. Carroll. Notary Public My Commissiun Bxpiressap.k."I COPINONwrALTN Or VIRGINIA COUNTY/CITY UV t-Y l„lc11t 1 Acknowledged before me this �l ��� day of February, 19R9. by Betty H. Carroll by her Attorney-in-Pact. Michael L. Carroll. Notar Public My Commission Bxpiresl �DA�Q %sit ,rl _` 1 P/C Review Date: 10/04/95: Tabled P/C Review Date: 11/01/95: REZONING APPLICATION #005-95 JAMES T. WILSON To Rezone 2.99 Acres From B 1 (Neighborhood Business) To B2 (Business General) LOCATION: This property is located on the east side of Aylor Road (Route 647) just north of the McDonalds. MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 74B -5 -C,74 -A -104,74-A-105 PROPERTY ZONING & PRESENT USE: Zoned B 1 (Neighborhood Business); Land Use: vacant, former daycare, and car wash. ADJOINING PROPERTY ZONING & PRESENT USE: B 1 (Neighborhood Business); Land Use: business; RP (Residential Performance); Land Use: residential PROPOSED USE: Restaurant, car wash, ice cream or vegetable stand REVTEW EVALUATIONS: Virginia Dept. of Transportation • No objection to the rezoning of these parcels. Prior to further development entrance improvements in accordance with VDOT minimum commercial design standards will be required to allow for safe egress and ingress of the properties. Before development we will require a complete set of site plans detailing entrance designs, drainage features and trip generation data from the ITE Manual, 5th Edition for review. Any W®rlc perfnrnierri on the States right of -way must be covered under a. Land Use Yermlr. Page 2 James Wilson Rezoning #005-95 Fire Marshal: The uses allowed in B2 Zones, compard to uses in the B1 Zones, will not significantly effect Fire and Rescue operations or resources. Stephens City: Traffic impacts are a concern because the Route 647 intersection is too close to Interstate 81 and needs to be relocated. County Attorney: Proffers appear to be in proper form. County Engineer: We do not have any comments concerning the proposed rezoning. Planning & Zoning_ Location: The property is located within the Urban Development Area and very near an interstate interchange. The property to the north and south of each of the parcels is currently zoned B-1 (Neighborhood Business). Site Suitability: Two of the parcels have already been developed under B-1 Zoning, the third parcel seems equally suited for business use. There are no environmental features, as defined by the zoning ordinance, present on the parcels. Potential Impacts: As the parcels are already zoned for Neighborhood Business the change to General Business uses would not be expected to create a great number of negative impacts. There are however a few uses within the B-2 Zone which may not be appropriate for these parcels given their proximity to residential development to the rear of the parcels. (Such as self service storage facilities and automobile dealerships or gasoline service stations) The applicant has not proffered out any allowed uses, but has proffered to fund the projected impact to the local Fire and Rescue Company at the time a building permit is issued. Staff has concern over the wording of the proffer. The proffer states that the property will be developed in accordance with the conditions of the proffer "except to the extent that the terms and conditions may be subsequently amended or revised by the applicant." Staff feels that any revision to the proffer should be conditioned upon the approval of the Board of Supervisors. Page 3 James Wilson Rezoning #005-95 STAFF RECOMMENDATION FOR 10/04/95 PC MEETING: Denial based on insufficient proffer statement PLANNING COMMISSION SUMMARY OF 10/04/95: Two local citizens were present to speak in opposition to the requested rezoning and a petition of opposition with 51 signatures from residents of Plymm Owens subdivision was also submitted. The concerns expressed centered mainly on the traffic problems around the 277/ 647/ I-81 intersection area, the lack of buffering/ screening between the businesses and residences, and that most permitted B2 uses were too intense for this particular area. In light of the established businesses currently in this location, the Commission felt that some B2 uses would be appropriate; however, they were not in favor of an open-ended B2 rezoning. They felt that the proffers submitted for this rezoning would need to be very specific. The Commission was concerned about the infrastructure issue and continuing to allow more business uses without work being done on the roads, the traffic, and the congestion. It was also noted that the design standards in B2 were more strict than those in B1 and would actually provide more buffering/screening for area residents. PLANNING COMMISSION ACTION OF 10/04/95• Unanimously agreed to table the rezoning for 30 days to allow the applicant sufficient time to submit a properly worded proffer statement with specific uses identified. (Mr. Wilson abstained; Mr. Stone was absent.) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Zoning Amendment N mbe Date Received 4-T BOS Hearing Date PC Hearing Date 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, 23 Court Square, Winchester. 1. Applicant: Name: VA Lit K �'i , �� m;o��- ��•'c Address: It? v S Lo cic;• .-, el %'j 22601 Telephone: ''u 0 2. Representative: Telephone: - gC zp 3. Owner: Name:—. P, -a c s Address: 3e i i Telephone: ��- - �c z 0 12 The Codeof 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: 4. Zoning Change: It is requested that the zoning of the property be changed from - to "Z - 2- 5. 5. Current Use of the Property: La 6. Adjoining Property. - PARCEL roperty:P R ID NUMBER i� ZONING '�• '748 CCO 5 0t) i 00 O (.. y— M rr 'J- lS — ) 7q 8 0 COV m OS4 f' e i� 'N R, tic.) I o -Lsb Rei' LJ -L,. a 146 CGL, lar 2-0 L60 Wos '" -74 9 0 o0 zo 2'7c3 _E> 74 B % t'c c,: -zc 7 9c r Cf t 7Y 13 oc 7. Loca on Ica, zo 7-1;o ,-s: t stt. i The proper�yis located at (give xac t%ca on based on nearest road and distance from nearest intersection, using road names and route numbers): (,�+.tifl '+�� .ia/)li:.Cl�v',�/i..•'t:." M�yIC, ��•v' �I`if S(( -(r' fr�f' Iej L' (:i? X'7n-, Y f4,-,4 ..w i6/ 2- . L44 4 C, + �� LU t '� �" 13 S. Parcel Identification: 74 G��:Q O C- © ° C 0 1741 ocov A 000 r04C 14 Digit Tax Parcel 9. Magisterial District: 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: •(3q Acres The area of each portion to be rezoned to different zoning district category should be noted: �I C1 Acnes Rezoned from- i to i3 -Z Acres Rezoned from to Acres Rezoned from to - Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: V �Conveyed from: Qc, i —4c- x Lec lV A 'Ok Deed Book Number -7-74 Pages 16 1 Z . 03 12. Proposed Use: It is proposed that the property will be put to the following uses. L5 Dl Gt i 1� .� S Lt 1 I F r tie nG i I S e 1 LV7 �G t 3•J -1 11.M %C✓ t t_c+ F 13. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property ✓ Statement verifying taxes paid Agency Comments Fees Impact Analysis Statement Proffcr Statement 14 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the ' zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) 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. , t-� Applicant: (,`► Owner. Date: IS 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 8 of the application package. The following information should be provided regardless of the type of rezoning: Fire Service District: Rescue Scrvice District: Total Proposed Non -Residential Lots/Buildings: j;-210 he �� ( J The following information should be provided with any residential rezoning: Elementary School District: Middle School District: High School District: Number of Single Family Dwellings Proposed: Number of Townhouse Dwellings Proposed: Number of Multi -Family Dwellings Proposed: Number of Mobile Home Units Proposed: The following information should be provided with any commercial/industrial rezoning or with a residential/commercial (P.U.D.) rezoning: Gross Office Square Footage: Retail Square Footage: Restaurant Square Footage: Service Station Square Footage: Manufacturing Square Footage: Warehouse Square Footage: Hotel Rooms: 16 i� r ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14 -digit property identification number which may be obtained from the Officc of the Commissioner of Revenue, Real Estate Department. ame Address and Property Identification 17'.1- 61ri 6- tv Address: I q cq S f Lvi4 14ue rClil."J JN Z3zzo Property ID: -746 coo S oo 1 eo Bo • Li' t 1",a,.. .S'f, del Address: 3470 4t-,ros4 V auL fzll� LA . — G(, 0s4• .e .U R L,3 0 Property ID: -7,4 3 ()00 5-00 loo -1 o ✓h cars h� l ( /l9 , CJ,701CIr• Address: 1 as i>C�Q ., k,. e -L11 Q S4,, n k -c -ns , Property ID: --7 4 6 C CC, S C© v;0 • L Address: i a , Property ID: -7 y )3 000 CU '2-0 Zta • 1� �=,v %t? , f 51+�1��� Address: 53S$ ,Ve 6•ra,4e 6 o: a 414 2-2-63 Property ID: -7Y 6 0 0 7 Z a 7-70 • �' �n rS� C. Propsi- Address: 106 r7a.y�;,C, ;,, le ktj SI-epAns V,1 Z2.4s�' Property ID:4, Cc)o '7 00 Z o z,80 •c7 e,- L�,,,a,,.. Address: ! 6 Dc��;,a pit c� C�"r(c S�c(ekeK C {� ✓�+ 2?�sY Property ID: O o 7 o o Z C 70 • %(1 y SSes Do( o Address: I �Je ti., : L'�"r`le Ca,, r Property S -f c�t.tns C'clz" VA 2z4S7– i ,lc.eie ID: Coo 7 CO -2-0 p • Address: Property ID: 17 AMENDMENT ACTION: PLANNING COMMISSION: November 1, 1995 BOARD OF SUPERVISORS: AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #005-95 of JAMES T. WILSON WHEREAS, Rezoning Application #005-95 of James T. Wilson was submitted to rezone 2.99 acres, located on the east side of Aylor Road (Route 647) and designated with PINs 74B -5-C, 74-A-104, 74-A-105 in the Opequon Magisterial District, from B1 (Neighborhood Business) to B2 (Business General); and, WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on November 1, 1995; and, WHEREAS, the Board of Supervisors held a public hearing on this rezoning on ; and finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.99 acres, designated by PINs 74B -5-C, 74-A-104, 74- A-105, from B1 (Neighborhood Business) to B2 (Business General) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: REZONING REQUEST PROFFER VALLEY RED[ -MIX COMPANY, INC./JAMES T. WILSON/JAMES EMMART, owners Restaurant (1)/Car Wash (2)/Temporary Ice Cream Stand (3) Route 647 ❖ Taylor Road O Opequon District* Tax parcel (1)74B -5-C (2)74-A-104 (3)74-A-105 Preliminary Matters Pursuant to Section 15.1 - 49.1 et.seo., 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 #P46 - 76 for the rezoning of 2.99 acres from B- I Neighborhood Business Zoning District to B-2 Business General Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors or assigns. Monetary Contribution of Development The undersigned hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 2.99 acres lying on the east side of Route 647 (Taylor Road) in the Opequon Magisterial District of Frederick County, Virginia from B-1 to B-2, the undersigned will pay to Frederick County, at the time a building permit is issued, the sum of Five Hundred Fifty dollars ($550) for Fire and Rescue Emergency Services Costs. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and owner. In the event the Frederick County Board of supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, 17 ames i son Valley Re i- ix ompany, Inc. ate: ames Emmart STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this 5 day of September, 1995, by,,1d .,j�t�, My commission expires Not bloc This ordinance shall be in effect upon its passage. Passed this day of '1995. Richard G. Dick Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Jimmie K. Ellington James L. Longerbeam Robert M. Sager A Copy Attest John R. Riley, Jr. Frederick County Administrator Impact Analysis Statement for Valley Redi-Mix Company, James T. Wilson, James Emmart 4 - Summary This document is prepared in support of and in preparation to rezone 2.99 acres of property of Valley Redi-Mix Company Inc., James T. Wilson, and James Emmart from Neighborhood Business (B-1) to Business General (B-2). Introduction The 2.99 acre portion of the properties of Valley Redi-Mix Company, Inc., (1) Lot C, .57 acres, James T. Wilson, (2) Lot E, .98 acres and James Emmart, (3) Lot F, 1.44 acres is located on the east side of Route 647 north of McDonald's of Stephens City. Lot C is currently a vacated building, which was the old Sunrise Daycare. Lot E is currently Stephens City Car Wash and Lot F is a vacant lot. The parcels are identified as tax parcel (1) 74B -5-C (2) 74-A-104 (3) 74-A-105 in the Opequon Magisterial District and are currently zoned Neighborhood Business (B-1). Planning Analysis Site Suitability - The property has no site specific development limiting factors. The property appears well suited for B-2 zoning use development based on the fact that the property has already been developed under B-1 zoning. Ponds and Lakes - There are no ponds or lakes on the property. Flood Plain - The property is not located within the 100 year HUD designated flood plain as identified in the Frederick County Comprehensive Plan and panel map number 5100630 200B Zone C of the United Stated Department of Housing and Urban Development Flood Boundary map. Adjoining Properties - Development impacts are slight on adjacent properties. The primary impact concern on adjoining properties is the change of use from B-1 to B-2 allows for more square footage used in retail use from 13068 to 21361. The impact of the allowed uses on the surrounding areas is reduced through the existing zoning and planning, distance, setback, buffer, landscaping and screening regulations. The adjoining property to the West is Route 647 and Interstate 81. To the East is land zoned residential. To the north and south the properties are zoned B-1. Zoning Review - The property is currently zoned Business (B-1) allowing by right a variety of business uses. IV. Traffic Impacts Traffic impacts are negligible for this property. Impacts of vehicular access and turning movements on the adjoining properties is slight considering the property fronts on the north bound lane of Rout 647 (Aylor Road). V. Sewage Conveyance and Treatment Impacts There are no sewage conveyance or treatment problems associated with this project. Sewage service to this site is provided by Frederick County Sanitation Authority via an 8" sanitary sewer line located at the rear of the property. VI. Water Supply Impacts There are no water supply or transmission problems with this property. Water service is under the Frederick County Sanitation Authority. VII. Drainage Facility Impacts Storm water drains are already installed on the properties. VIII. Solid Waste There are no solid waste collection and disposal impacts. Commercial private haulers will provide removal to the regional landfill. IX. Historic Impacts There are no structures currently located on this property of significance. A review of the National Register, The Virginia Landmarks Register and The Frederick County Comprehensive Plan indicated that there are no known historic structures on this property. X. Community Facilities Education - This project will generate no school children and therefore have no effect on educational costs in Frederick County. Parks and Recreation - This project would result in no impact on Parks and Recreation facilities. Emergency Services Cost - There are no additional fire, rescue or sheriff facilities anticipated with the development of the property using B-2 type uses. Fire protection is available from the Stephens City Volunteer Fire and Rescue Company. The planned B-2 rezoning will have all required site development standards required by the fire code, building code and zoning codes. There are no fire protection problems associated with this property. Rescue services are provided by the Stephens City Volunteer Fire and Rescue Company. Sheriff Department services protection will be required by this facility. Routine patrols of the area should suffice for the majority of time. XI. Environmental Impacts There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. XII. Fiscal Impacts Fiscal impacts for the property are determined based upon the fiscal impact model prepared by the Frederick County Department of Planning and Development staff. The fiscal impact model results are attached in the appendix of this report. )IW 244 W!c The model suggests that there is a net positive fiscal impact credit of $486;990 by rezoning from B-1 to B-2. Capital Costs not covered by County contributions to fire and rescue is suggested by the model to be $550, XIII. Other This planned zoning change would create a positive fiscal impact as compared to the existing zoning. There are no known other impacts. AUG- 3-94 WE, lU:l3 O—iRCN FIN (FOUND) 7 --IRON PIN (SET) H. U. 0 FLOCO ZONE C: AREA C- MINIMAL FLOODING. 6 K --''ICE SUF�L'i FAX PIU. 7036521632 F. 105 90 VA. ROUTE 647 N W d t - W O z O; O F- O 1('l OZ N J CL W h 07 O V' 2C" SE'rr.R R/W I S 33' 00' 36" W - 100.00' ARC 100.00' R 1470Z.96- 41.3* F- ASPHALT PAVEMENT z W 3t � W U) Q � O- tUz�� BRICK 8 FRAME W 8UILDING Q bI a. 0. ai J F- 0. Q to Q ASPHALT PAVEMENT 241962 SQ. FT. THIS IS TO CCAT,Fv THAT ON YAQCH 9, CC 1992, 1 MADE A% AO?;A� E S0,1Sr OF 'HE PQ:M'SES S:HO'NN �EAECN AN] THS' THERE ARE 40 _ASEu,ENTS CR ENcsCAC.4- MENTS VISIBLE C.-, Tt,E GiOUND OTHER THAN "HOS: SHOWN 4CP.EO,% TITLE RLPORT NCT FJRI:ISIeED. THIS SURVEY IS S1:9.'ECT TO ANY FACTS THAT UNf,HT BE O'SCLOSEO 8Y A FULL AND ACCURATE TITLE SEARCH. BEG. HARIA7N STREET Ln W a Ln co W O 0 O J`s tc) J CV 4 i� O V' L0 z ZO' SEWER At' -V D.O. 36Z - F. 647 W F Q H N W N Z 0 O J a s- CR 6- 46•a TAQY SErER vam C.B. 16i - P. i47 T.L. PEA Fr4EO. CO. SASI'ATICV AUrK OATH / :E — v 9 o� W H F N N A W N � Z °.0 N33.00'36"E-100.00' %n . 26 ILOT SECT!O1: 2 PLISIr4 OwEt+ ESTATES THIS IS TO CCAT,Fv THAT ON YAQCH 9, CC 1992, 1 MADE A% AO?;A� E S0,1Sr OF 'HE PQ:M'SES S:HO'NN �EAECN AN] THS' THERE ARE 40 _ASEu,ENTS CR ENcsCAC.4- MENTS VISIBLE C.-, Tt,E GiOUND OTHER THAN "HOS: SHOWN 4CP.EO,% TITLE RLPORT NCT FJRI:ISIeED. THIS SURVEY IS S1:9.'ECT TO ANY FACTS THAT UNf,HT BE O'SCLOSEO 8Y A FULL AND ACCURATE TITLE SEARCH. BEG. HARIA7N STREET Ln W a Ln co W O 0 O J`s tc) J CV 4 i� O V' L0 z ZO' SEWER At' -V D.O. 36Z - F. 647 W F Q H N W N Z 0 O J a nv: , ,•cam N yr r : vC -Duri- L l rMA NV. , UJooe- 10JC ei(1FGIGiS The accompanying Plat represents a tlour►dary Sutv,•y of t 1,• Land conveyed to Central Fidelity Bank by Dead dated 1►- Art LI 1982 in Beed Book 547, Page 537. The said Improv*d Land ttuuts the Southeastern Boundary Line of Va. Route 047, and li-ta in Opequon District, Frederick County, Virginia: Beginning at an iron pin (set) in the Southeactern Line of Va. Route 647, a corner to Lot D, Plymn Owen Eztnteu; thence with the said Line, with the Arc Lind 100.00 tt. (ClIt'►:1 S 13' 00' 36" W - 100.00 ft., Radius 11,702.96 tt.) to an iron ptr► (found), a corner to Lot 0. Plymn Owe,► Cstatno; theta:+ will - the Northeastern Line of the :,aid Land and the tt,�tt.b•aaratn Line of Lot 27, Section 2, Plym►► Ower► hst3tea. : :•t n:' 1:" F - 250,00 ft. to an iron pin (found), a corner to Lct : Section 2, Plymn Owen EBtatos: thence wiLh thf u7cthw,+�;tarn Line of the said. Land, N 33- 00' 36" R 100-00 1 t . t, .u, , r -, pin (found) in the Southwestern Lin.- of LoL• 25, Flym►, t urt-r, Estates; thence with the :aid Line and Lb. ^.unLl,w�.t•_►u :.i:�•� of the said Lot E, N 54' 08' 17" W - :SO CG ft, L•� 0t -- beginning. Containing: 24,962 Sy. FL. Surveyed: 9 Harsh 1991 �41Z4:� pt C� L ALLEgi EBER _ (LICENse) No. 1498 a sunv�-ltv VIRGINIA: FREOERICK COUNTY, SCT. This instrument of writing was produced to me on the ��L1Ld3y of a�cGl4i :til.• +3 p1, (l. end with certificate of ackr..-Nvle4gment tlnarwo annerad was admitted to record. Tax imper,cJ t:y 1�cc. 55•:4.1 cf and 584A have t>,:an paid , If 43sMabie. CLERK r, uc !fN n M IN 8 N� NM M N uN N = a;j s` M � N z n " F„ 1.44 a^"� 383 PnE .1136 - D R�Te !"e to 6-47 •' S34 °ve': �f2 29 4RC • sQ' � =, •'M o1 _ rr 4 P^ N 0_98 Ac. C / '� y v , 2. 2 "s� zo ,rC" Z�/ O Eq ±/fCCTfoNT�TfS Ac, N*'413G"E- 194.90' 132.25' - AbM NId-433Ci�£' gra" ►1" �,pNO OTHER AM � Tho abovo plat Ss a Survey of a portion of the Land conveyed to Mary Evelyn Stiokloy by Deed dztod 21 September 1939 in Deed Book 179 page 201 The said Land fronts the Esatorn Boundary Lino* of Rt. 647* Just North of Rt. 277, and lioa in Opoquon Distriot, Fredorlck County, Virginiat Lot "6 - 0.98 Acroat Boginning at an iron pin in the Eaatorn Bound• ar'y Lire (Ara Line) of Rt. 647, a corner to Lot D - plymn peen Eatatgd - runnine with the said Aro Lino 192.65 ft. (Chord Line S 310 121 29" W - 192.64 ft.) to an iron pits corner to Lot p, thence with the Northern Line Of tho acid Lot 3 67o 341 47" E - 290-87 ft. to an iron pin in the Waster, Lino of the Rot;inod portion, thoneo with the said Line A 160 431 36" g - 132.25 ft. to an arca pin corner to the said Lot Di thonoe with tho 3outh4 Lino of the said Lo. g 540 o8v 17" W - 244.98 ft. to the beginning. v— e-3 - r.t ----- AILD ca tho p2zt is-tha.20.0 Lot *t;+. Ft. S&nitarY Sower Lin® R/Et across n _ Survoycd - - AuCust 10, 1970. LSE A. EBERT, 9GNU FRY3E3IC.K COUNTY, SCT. Certified Land Surve or, Cc=- of V irginia I BIS r';//;Siraraont o writing rr.s produced to rte on t'ro _ • L_' _ V ,c!,y of �E% �l9� �. r.;`: _ rtsicat•i of ac4:aowl_dq�. zt thereto ann3:r1 •✓�+ to r.: a.d. Tax unpasgd o/ SIC. .i.1•,+ i 1S SZi and T:•3y have been paid, d a s r P - a 1 FACE y. CC ,ApN o 4-7, d •S Or. °cOP. R . 3 2 p �ui �'7� Rc922644 /�' o pi . N3 a cp a a 0.98 .7A !` ' 98 S aC. •°N D" l M F n` 0 3 Y pCYMN6w . • V EIy ♦ `Sf1yER�. / sfC T O. SO Sp�rEs , '44' AG Z N16'43'36"E-y d 132. 25' = 40" 'd N16r43'36�E' 196.90_ ino" A" 1110M I�" •I" I LAN D OTHER The above Plat is a Survey of a Portion of the Land conveyed to Mary Evelyn tickley by Deod dated 21 Septombor 1939 in Deed Book 179 Page 201. The sail Land fronts the Eastern Boundary Linea of Rt, 647, just North of Rte 277 and lies in Opoquon District, Frederick County, Virginia= Lo &^ - 0.98 Aerest Beginning at an iron pin in the Eastern Boun ary Linel (Arc Lino) of Rt. 647, a. corner to Lot D - Ply= Omen Estatgd - running 5rith the said Are Line 192.65 ft* (Chord Line S 340 12► 29" W - 192.64 t.) to an iron pin corner to Lot F; thonce with the Northern Line of the eiid Lot S 670 34► 47" E - 290.87 ft, to an iron pin in the western Line of (the Retained Portion; thence with the said Line N 160 439 36" E - 132.25 ft9 to an iron pini corner to the said Lot DI thenco with the Southern Line of he said Lot N 540 08► 17" N - 2114.98 ft. to the beginning, Lot "F" - 1.10� Acrest BoginninC at an iron pin in the Eastern Bound- ary Line (Ara Line) of Rt. 647, a corner to Lot E; running with the two f011Owing Eastern Boundary Lines, with the Aro Lane 47.41 ft, (Chord Line S 350 171 43" W - 47.41 ft.) to a concrete highway nonumont; thence with the Are ine 152.59 fte (Chord Lino S 330 23► 23" W - 152.58 ft.) to an Iron pin Icornor to the Texaco, Inc. Lands thence with the Northern Line of the said Land S 670 31E► 47" E - 350,00 ft. to an iron pin in the Western Line 0f t'(e Retained portion; thenco with the said Line N 160 43► 36" E - 196.g0 ft`, to an iron pin corner to Lot E; thonce with the Southern Line of the said Lt N 670 341 47" W - 290.87 ft, to the beginning. Also shown on the Plat is the 20.0 Ft. Sanitary Sewer Line R/W across Lot ME". Surveyed y - August 10, 1970, LTTE A. EBERT, •vla0A FREnrq,�K Co� Cortlf ied Land Survory ,.•. I . klY. 5l`i. !'^— . of �� ... _ . _ a Ol', cn :n a F4 Cn w w E z 3 IDERSON J LAW 1IAGINIA .,, , ,7 17 , THIS DEED made and dated this /f 5 day of August, 1994, by and between DOROTHY L. LOCK, Widow, of the one part, hereinafter called the Grantor, and VALLEY REDI-MIX CO., INC., a Virginia Corporation, of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty and English covenants of title, unto the Grantee, in fee simple, all of the•following realty: All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate along the East side of Route 647, in Opequon Magisterial District, Frederick County, Virginia, containing 0.57 Acre,more particularly described by plat and survey drawn by L. Allen Ebert, Land Surveyor, dated March 9, 1992, attached hereto and by this reference made a part hereof, and being the same property conveyed to B. L. Lock and Dorothy L. Lock, husband and wife, as tenants by the entireties, with right of survivorship, (the said B. L. Lock is now deceased and the property passed to his wife under the survivorship clause of said deed) by deed dated March 17, 1992, from Central Fidelity Bank, a Virginia State Chartered Banking Corporation, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 774, Page 1612. Reference is made to the aforeaaid plat, deed and the references therein. contained for a further and more particular description of the property herein conveyed. Plu This conveyance ce is mOad subject to all duly recorded and enforceable restrictions, easements and rights of way. WITNESS the following signature and seal: STATE OF VIRGINIA: COUNTY OF FREDERICK: (SEAL) The foregoing instrument was acknowledged before me this --,day of August, 1994, by DOROTHY L. LOCK, Widow. My commission expires IZ% !0 NO Ry PUB I C ,1 S .0 F. ANDERSON MMEYAT LAW IEST -R. VIRGINIA • an al un o--, 4. 6.01 r. (a u rn a ww ua e of M N 1. w sa e THIS DEED AND GEED OF ASSUMPTION, made and dated this pith day of December, 1992, by and between V. FRANK 13RHAVEN and JAMES T. SON, Partners, trading as 09 EN AND WZILSO EFgrRPRTAE9, a Virginia General Partnership, parties of the first part, hereinafter called the Grantors, and .TAMES T. iiItSON and JESSIE S. Wit SON, husband and wife, -parties of the second part, hereinafter called the Grantees; and RUSHA A. DERAVEN (who is one and the same person as MARSHA D..DEHAVEN), party of the third part; and JESSIE S. WILSON, party of the fourth part; and FIRST-AMIMICAN BANK OF VIRGINIA, Beneficiary, party of the fifth part. WITNESSETH., That for and in consideration of the suit of Ten Collars ($10.00), cash in hand paid, and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with generalwarranty of title, unto the Grantees, in fee simple, jointly, as tenants by the entireties, with common law right of survivorship, it being intended that the part of the one dying should then belong to the other, his or her heirs or assigns, the following property and appurtenances thereunto belonging All that certain lot of land, together with the all rights, rights of way, privileges and appurtenances thereto belonging, lying and being situate in O,pequon Magisterial District, Frederick County, Virginia, designated as Lot x*En on the plat and survey of Lee A. Ebert, G.L.S., dated August 10, 1970, attached to that certain need dated October 7, 1971 and recorded in ' the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 387 at page 464;. and being the same property conveyed to V. Frank DeHaven and James T. Wilson, t/a DeHaven and Wilson Enterprises, a Virginia General Partnership, by need.. dated January 29, 1991, From W.H. E=art & Son, Inc., a. Virginia corporation, and. recorded in the aforesaid Clerk's Office .in Deed Book 755 at Page 1225. �). Reference is here. made to .the aforesaid instruments and the attachments and the references therein contained for a . i � JI} :5.. ♦ it 1- 110 Downing Circle Stephens City, VA 22655 September 27, 1995 Cmc- Mr. Robert W. Watkins, Secretary Frederick County Planning Commission Department of Planning & Development 107 North Kent Street - 4th Floor Winchester, Virginia 22601 RE: Rezoning Application #005-95 of James T. Wilson PINS 74 -B -5-C, 74-A-104, and 74-A-105 Dear Mr. Watkins: In response to the letter of notification recently received informing us of James T. Wilson's Rezoning Application #005-95 in which he wishes to downgrade 2.99 acres along the east side of Aylor Road (Route 647) from B1 to B2 status, we are very much opposed to this application, as are all our neighbors with whom we've discussed this issue. Of great concern to us is the effect this downgrading will have on the resale value of our home which directly abuts one of these lots. Although far from being a mansion, we did pay a good price for our home and have subsequently invested many more dollars in upgrading it. We have no idea as to what use the subject property would be put, but cannot imagine anyone wanting to pay the current valuation of our home for property directly abutting a B2 classified business. Of course, light and noise pollution, and lack of an adequate buffer area are a concern. Our second greatest worry is the additional traffic a B2 business of any kind could bring to an already overburdened, heavily traveled, potentially dangerous road such as Aylor Road. It is difficult enough as it is now to use this road trying to get to and from work. Aylor Middle School and Bass Hoover Elementary School are just down the road--Aylor Middle School just a block away. When you factor in all the school busses and pedestrians, it becomes even more hazardous. This is not an appropriate site for a B2 business especially considering they would be surrounded by B1 businesses. Sincerely yours, l 1 Ulysses Carriker Dorothy C, Carriker We, the below signed residents and/or property owners of Frederick County, Virginia, are opposed to the Rezoning Application 1005-95 of James T. Wilson to rezone 2.99 acres from B1 to B2. This Property is located on the East side of Aylor Road (Route 647) and identified with Pins 74B -5-C, 74-A-104, and 74-A-105 in the Opequon District. NAME ADDRESS We, the below signed residents and/or property owners of Frederick County, Virginia, are opposed to the Rezoning Application 1005-95 of James T. Wilson to rezone 2.99 acres from B1 to B2. This Property is located on the East side of Aylor Road (Route 647) and identified with Pins 74B -5-C, 74-A-104, and 74-A-105 in the Opequon District. NAME ADDRESS i 1 ( r t' 1 a 55 Z2I: � r -C We, the below signed residents and/or property owners of Frederick County, Virginia, are opposed to the Rezoning Application #005-95 Of James T. Wilson to rezone 2.99 acres from Bl to B2. This Property is located on the East side of Aylor Road (Route 647) and identified with Pins 74B -5-C, 74-A-104, and 74-A-105 in the Opequon District. NAME ADDRESS CA COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 MEMOANDUM TO: Frederick County Planning Commission FROM: Evan A. Wyatt, Planner II ti RE: Interstate Area (IA) Overlay District DATE: October 20, 1995 The Frederick County Board of Supervisors adopted the new IA Overlay District on May 10, 1995. This zoning classification provides property owners with the ability to erect free standing business signs that are of a greater height and square footage than are permitted in the underlying zoning district. The next step in this process is to establish the properties that will comprise this district. Properties that are approved will receive an IA District classification and maintain the zoning classification of the underlying district. Staff has provided a list of the properties that are proposed for the IA Overlay District. These properties are depicted on the eight Interstate 81 area location maps. The initial properties are proposed based on the requirements that are set forth in section 165-118 and 165-119 of the Zoning Ordinance. Future properties will be considered on a case by case basis through the rezoning procedures specified by the Zoning Ordinance. Included under this agenda item is a list of properties that are proposed for inclusion in the IA Overlay District. The language specified in section 165-118 and 165-119 of the Zoning Ordinance, a diagram of the Idealized Interchange Development Pattern, and eight location maps for your consideration. Please contact our department if you have any questions regarding this information. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 INTERSTATE AREA OVERLAY DISTRICT PROPERTIES PIN OWNER ZONING 33-9-1 RAINBOW GROUP B3 33-9-2 RAINBOW GROUP B3 33-9-3 RAINBOW GROUP B3 33-9-4 RAINBOW GROUP B3 33-9-5 RAINBOW GROUP B3 33-9-6 RAINBOW GROUP M1 33-9-7 RAINBOW GROUP M1 33-9-8 RAINBOW GROUP M1 33-A-164 LYNN BEIGHTOL B2 33 -A -164C RAYMOND FISH B2/B3 33A -A-4 RAINBOW GROUP B3 33A -A-5 RAINBOW GROUP B3 43-A-45 GREGORY THROCKMORTON B2 43-A-46 PINE MOTOR CO. B2 43-A-47 PINE MOTOR CO. B2 43-A-48 FREMER OIL CO. B2 43 -A -48A 84 LUMBER CO. B2/B3 43 -A -48B FRANCHISE REALTY B2 43-A-49 EXXON CORP. B2 43-A-50 WINC. NORTH INC. B2 43 -A -50A PENBERN WINCHESTER B2 43-A-52 NEGLEY CONST. B3 43 -A -52A WINCHESTER NORTH, INC. B2 43 -A -52B C & P EXCAVATING B2 43-3-D BANK OF FREDERICK COUNTY B2 43-3-D1 HOLTZMAN FAMILY, LTD. B2 54 -A -99E DEV. CO. OF AMERICA B2 54 -A -99F DEV. CO. OF AMERICA B2 64 -A -1A MARK GUTHRIE B2 64 -A -1C JAMES ELLIS B2 64 -A -1D INTERSTATE PROPERTIES B2 64 -A -1E CRACKER BARRELL B2 64-A-107 APPLE BLOSSON PROPERTY B2 64 -A -107A BECK COMPANY B2 64-3-A SUNSET MEMORIAL, INC. B2 75-A-10 ENGLE PROPERTIES B2 75 -A -10A WINCHESTER -81 LLC B3 85-A-146 HARRY STIMPSON B2 85-A-147 HARRY STIMPSON B2 85-A-148 SCULLY LTD. Bl/B2 85 -A -148A ALLEN FOOD SERVICE B1 85 -A -148C STEPHENS CITY MOTEL B2 85-A-149 MCDONALDS CORP. B2 85 -A -149C FRANK WELCH B1 91-A-56 ROBERT SMITH B2 91-2-A THOMAS GLASS B2 91-2-B THOMAS GLASS B2 § 165-116 FREDERICK COUNTY CODE § 165-11 a � on reasonable sight distances and policies set forth in the Comprehensive Plan and are intended to designate each interstate interchange area and provide guidance for considering subsequent properties. § 165-117. District boundaries. Properties that are included within the Interstate Area Overlay District shall be delineated on the Official Zoning Map for Frederick County. This map shall be maintained and updated by the Frederick County Department of Planning and Development. § 165-118. Establishment of districts. A. The Frederick County Board of Supervisors may apply the Interstate Area Overlay District to properties within the proximity of interstate interchange areas upon concluding that: (1) The property is in conformance with the idealized interchange development pattern recommendation of the Frederick County Comprehensive Plan. (2) The proposed use of the property is consistent with the specified uses within this Article. (3) The proposed business sign will not have an adverse impact on adjoining properties whose primary use is residential. (4) The property has met the requirements of Article II of this chapter, as well as the requirements of § 15.1-491(g) of the Code of Virginia 1950, as amended. B. The Interstate Area Overlay District shall be in addition to and shall overlay all other zoning districts where it is applied so that any parcel of land within the Interstate Area Overlay District shall also be within one (1) or more zoning districts as specified within this chapter. The effect shall be the creation of new zoning districts consisting of the regulations and requirements of both the underlying zoning district(s) and the Interstate Area Overlay District. 16644 6-25-9S C § 165-119 ZONING § 165-120 § 165-119. Qualifying criteria. A. The following uses shall be authorized to erect a commercial business sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the business sign complies with the requirements of § 165-120 of this Article and that the use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District: Standard Industrial Classification Allowed Uses (SIC) General merchandise and apparel stores 53 and 56 Automotive dealers and gasoline service 55 stations Eating and drinking establishments 58 Hotel and lodging establishments 70 B. The uses specified under § 165-119A that are authorized on property through the issuance of a conditional use permit in the RA Rural Areas District may be entitled to erect a commercial business sign that is of a greater height and size than is permitted in the underlying zoning district, provided that the property has met the requirements of Article III of this chapter, the business sign complies with the requirements of § 165-120 of this Article and the use is located on property that is delineated on the Official Zoning Map as being part of the Interstate Area Overlay District. § 165-120. District regulations. A. Permitted signs. (1) Freestanding commercial business signs. (2) Signs permitted in the underlying zoning district(s). B. Prohibited signs. (1) Off -premises business signs. (2) Signs prohibited in the underlying zoning district(s). r 16645 6-25-95 4 Idealized Interchange Development Pattern Interstate Area Overlay District Exit 302 — 'Middletown Proposed Properties .ms 90 89A 69 0 4B-1 � l2A 1168 q 0�4 doe 116 2 ° 2C 1A 1D �1B 1C 0 91 �@p�Dae a D 96 94 terstate Area Overlay District ;it 310 — Kernstown Proposed Propert 93 1 S �aao� ' �!'p�©" pp'''� ' 90 89A 69 0 4B-1 � l2A 1168 q 0�4 doe 116 2 ° 2C 1A 1D �1B 1C 0 91 �@p�Dae a D 96 94 terstate Area Overlay District ;it 310 — Kernstown Proposed Propert 93 1 i • t I- W :e o•.osst 1.' /e�eeele eeeeeeet /►eeeee► .eeeesri�� KNOW", !ecce eeeeeee v ►eeeeeeeee♦ -- .eeeeeeeeeee. eeeeeeeeeeee. � o�eeee. eeeee♦ e eeeee. .eeeec�♦ --, ♦♦..ecce>�.>eeeee. ►eee eeeo♦ eeeeeee, .ecce.♦♦♦<eveeeesee. i � eefeea.ee.>eeeeeeeee � u�; �eeeeefe'eleee� �efeeeeeeeeeeeeeeeeeeeeee/ i ��.ba �'>ei°iei°i��i•ieiei°e:°Oiei°Oi°iei°i°i� - � .ece�e.eeecee.�eeeceer _ eeeeeee eeeee�e�eeeeeeoeeeeeeeeeeee°ee�e, leeeeeeeer ee ♦cele♦♦ .♦eeeee• � 1e7 °'a ��... � reweeeeee� eeeee0eeeefY's����. .. ,eee+: eeeeeeeeeeef.:eeeeeeeeeeeeeeeee♦eeeeeeeeeefeeeeeee°e+e�I woneQ�e�s�e�e�e�eeO�e�e�e�.�e�Q ye !�°i i �: •� e� re�O.s°e�esO�e�e�e�e�e�e�e�e�eee -Z �.e�e�e�e�eee���eeeeeeee��eee°eee�eee�eeee�� Interstate . Area Overlay District Exit 317 — 181/Rt. 37/Rt.11 Proposed :Properties 165 I 114A m Q 16 4 D See 11 Interstate Area Overlay District i"xit 321 — Clearbrook Proposed Properties Interstate Area Overlay District .Exit. 323 - Whitehall ---- -- Proposed Properties COUNTY of FREDERICK Department of Planning and Development 7031/665-5651 FAX 703/678-0682 TO: Planning Commission Members FROM: Kris C. Tierney, Deputy Planning Director RE: Informal Discussion DATE: October 18, 1995 Attached is information pertaining to a request from Mr. Richard Heisey. Mr. Heisey is interested in rezoning two small parcels on the south side of Route 50 west, just past the intersection of Poor House Road, to B-2, Business General. The proposed use is a self storage facility. The property is adjoined on the east and west by B-2 property. The proposed Round Hill Community Land Use Plan which has been prepared by the Comprehensive Plans and Programs Committee recommends this area of Route 50 for eventual business use. The plan also recommends that rezonings should not take place prior to the provision of public water and sewer service. The facility proposed, however, unlike most B-2 uses, would not typically require water and sewer. Please let me know if there are any questions regarding this item. 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 LESTER BLDG. SYST. ID:703-665-0109 OCT 18'95 7:55 Nu.00.5 P.01 141 Poorhouse Road Winchester, VA 22602 October 17,1995 Mr. Kris Tierney and Frederick County Planning Commission 9 North Loudoun Street Winchester, Virginia 22601 Dear Kris, As I consider the development of the property in Frederick County I look forward to meeting with the County Planning Commission. I am interested in an initial response to the rezoning of the property and the proposed usage of the property. I am interested in building a mini -storage building which would serve the Route 50 West corridor with 40 to 80 storage units. There are several considerations which I shall explore in order to keep the impact on the community at a minimum and create a positive contribution to the neighborhood. The property under consideration is located on Route 50 West, approximately 200 feet West of Route 654 on the South side of the highway. It is identified on the tax map as ID#s 52-A-148 and 52-A-149. The property is currently owned by Winchester Outdoor Advertising. The property is bordered on each side by businesses which are currently zoned 62. The rear of the property is bordered by properties zoned RA. There is a partially built billboard on the property which was never completed in the sixties and has been under disuse since that time. I am requesting that the Commission offer an initial opinion on the possibility of changing the zoning to allow the use of the property for my purposes. I will plan on meeting with you on November 1, 1995 at your scheduled meeting. Please call me at my work number (665-0182) if these plans change for any reason. Sincerely, Richard L. Halsey October 9, 1995 Mr. Kris Tierney Director of Planning and Development 107 North Kent Street Winchester, Va 22601 Dear Mr. Tierney: Thank you for your time on Thursday reviewing the rezoning process and acquainting me with some of the county procedures. Your assistance was much appreciated. Your suggestion of an informal meeting with the county Planning Commission is a possibility I would like to pursue. Please arrange a time at which I could talk with this group about the feasibility of my proposal. When you have looked at the schedule for such a meeting, please let me know as far in advance as possible so that I can be prepared for it. If you have any questions, you can leave a message at (540)665-2056, or call me at work at (540)665-0182. Thank you for your assistance. Sincerely yours, Richard L. Heisey 24e 15 C 16 B 43 Q� C A� f 2 �� / 65A // oa 17 6 3 ' o \o. 14 G`�G 69 0 �a 18 9 2 A 5 13 00 • /� 8571 > 00, 6' c9 400` �� 19 87 las-4 83 3 8.193 /359-348 Sherwood Lane 8 Q ! Rt. 827 5 432 NorthwesR 1; t. ern Pike _ 28 m 21 • ,2 • ' 317 WESTER Ale 261 • ► ��` • 0." # • • 1.1• .o❖.❖: � .00000: f 11.111♦ ..,.♦111: .......... ....1...... ............ *+i+i+i+1+iii+i•�+i+i*i+f•+* OOi+i+i+0i+iii+a•.O'•+*+: - i•1♦*+♦111•♦•1.1♦+♦ �*♦1*.•11•+11..+*•*� 11111.1*°*♦11111A1f X1.1+1+i ii+ff+f•+++*•••1+1+1+1•+*: !�.1.! •A_1.1_1A_1-1.•_Af.1d.1.1.f.1 REZONING CONSIDERATION Richard Heisey PI;N: 52-A- 148/14