HomeMy WebLinkAbout008-08 Botanical Square - 4.15 Acres RA to B2 - Gainesboro - Backfile0
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•REZONING TRACKING SIEET
Check List:
ee & Sign Deposit
Application Form 4Deed
Proffer Statementy lat/Survey
Impact Analysis axes Paid Statement
Adjoiner List �� pact Model Run
rMB
DATE
qk/os� Application received/file opened
O�� Reference manual updated/number assigned
/4 /-0 D-base updated
/(f to b Copy of adjoiner list given to staff member for verification
Four sets of adjoiner labels ordered from data processing
RColor location maps ordered from Mapping
C4 4) q sloe File given to office manager to update Application Action Summary
PC public hearing date ACTION:
BOS
public hearingdate ACTION:
hg k Signed copy of resolution for amendment of ordinance, with conditions proffered
[if applicable], received from County Administrator's office and given to office
manager for placement in the Proffers Notebook. (Note: If rezoning has no
proffers, resolution goes in Amendments Without Proffers Notebook.)
/W7 Action letter mailed to applicant
1 oZ'`J O Reference manual and D-base updated
given to office manager to update Application Action Summary (final action)
D D LO File given to Mapping/GIS to update zoning map
r r
Zoning map amended
U \Bev\Common\Tracking sheets\REZ_tracking wpd
Revised 05/09/02
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October 27, 2008
John Lewis
Painter -Lewis PLC
817 Cedar Creek Grade, Ste. 120
Winchester, VA 22601
RE: REZONING #08-08, BOTANICAL SQUARE
PINS 53-A-74, 53-A-75, 53-A-76 and 53-A-77
Dear John:
i
C
IR -RICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of October 22, 2008. The above -referenced application was approved to rezone 4.15 acres
from the RA (Rural Areas) District to the B2 (General Business) District, with proffers, commercial
use. The properties are located on Route 50 West, '/4 mile west of the Route 50 and Route 37
interchange, at the northwestern corner of the intersection of Route 50 and Botanical Drive, in the
Gainesboro Magisterial District.
The proffer originally dated February 7, 2008 and revised last on October 9, 2008, which was
approved as a part of this rezoning application, is unique to this property and is binding regardless of
ownership. Enclosed is a copy of the adopted proffer statement for your records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Miicha�el 'f. Ruddy, AICP
Deputy Planning Director
MTR/bad
Enclosure
cc: Carolyn Turner, 424 W. Cecil St., Winchester, VA 22601
Nancy Johnson, 2054 Northwestern Pike, Winchester, VA 22603
Gary W. Dove, Gainesboro District Supervisor
George Kriz and Charles Triplett, Gainesboro Planning Commissioners
Jane Anderson, Real Estate
Commissioner of Revenue
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
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O'DONNELL TRUDY POE 53 A "B
LITTMAN PROPERTIES LUC
LITTMAN PROPERTIES LLC
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0 250 500 1,000 Feet
Botanical Square
Rezoning
REZ # 08 - 08
PIN: 53-A-74, 53-A-75, 53-A-77
OApplication
Zoning
M2 (Indminal. General Distort)
Buildings
- BI (Business. Neighborhood District)
- MHI (Mobile Home Community Divnet)
I rhan Development Area
410 B2 (Business. General Distns0
- MS (Medical Support Distnet)
, k SA
• B3 (Business. Industrial Transition DiAnct)
- R4 (Residential Planned Commumn Dtsmct)
• EM (Ecnac(,ce Manuracmnng District)
• Rs (Residential Recreational Commumn DlancO
• HE (Higher Education District)
- RA (Rural Area Dmnco
- MI (Indusmal. Light Dismep
RP (Residential Performance Dnanct)
Streets
Topography (5' interval)
Case Planner !dike
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REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
Co be completed by Planning Slcrff
Fee Amount Paid $ /D lJv
'oning Amendment Number Date Received Y=q
'C Hearing Date BOS Hearing Date 10 A
The following information shall be provided by the applicant:
All parcel identification. numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Nanic:OD111,► bullGJ (rl c . Telephone: 6`10 •-`4 Sq - YCC-/'7
Address: d92 (31ue,rid
Par vA �n
1� mclUi')+0('1 pcb-
2. Property Owner (if different than above)
Name: SC,C, O RCCV)e-d P{^O 0,/ 1ISi
Address:
3. Contact person if other than above
Telephone:
Name: \khn U VLj 15 Telephone: (3� Q (o • S 7 q
4. Checklist: Check the following items that have been included with this application.
Location map Agency Comments
Plat ✓ Fees
Deed to property ✓ Impact Analysis Statement _
Verification of taxes paid ✓ Proffer Statement
0 10
•
•
S. The Code of Virginia allows xis 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:
carojyn 7Turn(t-1,-
6. A) Current Use of the Property. 1" JesI Gl cr? C l
B) Proposed Use of the Property: ("Vow-)') C'rcia f
%. Adjoining Property:
PARCEL III NUMBER
52. - A - L
S 3 A- -1 3
3-A-UY
5;72f3--
53 - A -
153-A--!
USE
14LIC,/ fq-�
ZONING
�z
RA
8. Location: The property is located at (give exact location based on Nearest road hind distance
from marest intersection, using road names and route numbers):
&J�e '0 Wcsi v
• 11
•
•
•
9. The following information should be provided according to the type of rezoning
proposed
Single Family homes:
Non -Residential Lots:
Number of Units Proposed
Townhome:
Mobile Home:
Multi -Family:
Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Other:
10. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Fredericl:
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 Nvhen 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 flic road
right-of-way until the heating.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
ZD
Appllcant(s):
0 12
Date: 0 ' zZ• Dep'
Date:
Date:
Date:
•
9. The following information should be provided according to the type of � ezoning
Proposed
Number of Units Proposed
Single Family hoin: Townhome: Multi-Farnily:
Non -Residential Lots: Mobile Hone: Hotel Rooms:
Square Footage of Proposed Uses
Office: c�r000 Sf Service Station:
Retail: , coo Sr Manufacturing:
Restaurant: p(D S-C Warehouse:
Other: (;I, C,60 ,Sf
10. ,Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to ainend 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 (eve) understand that the sign issued �vlicn 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 he 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) Icnowledore.
ZD
Applican
ONAIner(S):
J
IP_ 12
Date: �' 2z' D�
Date:
Date:
Date:
0
0
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Pro-peqy Owner Contact Information
TM# 53 -A-74:
Ms. Carolyn Turner, 424 W. Ceicl Street, Winchester, VA 22601
540-247-1073
TM#53-A-75-TM#53-A-76-TM#53-A-77
Ms. Nancy Rermer Jolmson, 2054 Northwester Pike, Winchester, VA 22602
540-379-7430
4p
9. The following information should be provided according to the type of rezoning
proposed
Single Family homes:
Non -Residential Lots:
Office:
Retail:
Restaurant:
10. Signature:
Number of Units Proposed
Townhome:
Mobile Home:
Nfulti-Family:
Hotel Rooms:
Square Footage of Proposed Uses
_ Service Station:
Manufacturing:
_ Warehouse:
Other:
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 foi- site inspection purposes.
I (eve) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Plamling Commission public hearing -
and the Board of Supervisors' public hearing and maintained so as to be visible front the road
right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): Date:
loor
Date:
Owner(s): ' _ Date:
Date:
0 12
•
•
•
Property Owner Contact Information
TM#53-A-74:
Ms. Carolyn Turner, 424 W. Ceicl Street, Winchester, VA 22601
540-247-1073
TM#53-A-75-TM#53-A-76-TM#53-A-77
Ms. Nancy Reimer Joluzson, 2054 Northwester Pike, Winchester, VA 22602
540-379-7430
•
Adjoining Property Owners
• Rezoning
•
•
Name and Property Identification Number
Address
Name: First Bank
112 W. King Street
Property # 52-A-L
Strasburg, VA 22657
Name: Commonwalthy Group - Winchester Partnership
Property # 52-A-M
500 Henley Street
Suite 200
Knoxville, TN 37902
Name: Huffman Page F. & Elva
194 Echo Lane
Property # 53-A-74
Winchester, VA 22603
Name: Winchester Medical Center
P.O. Box 1334
Property # 53-A-68
Winchester, VA 22604
Name: The Marathon Bank
P.O. Box 189
Property # 53B-3-5
Dunbar, WV 25064
Name: Funkhouser, Darla Poe & Sharon S.
272 Hilda Drive
Property # 53A-82
Clear Brook, VA 22634
iiEI
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Special ]Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site:
Department of Planning & Development, County of Frederick, Virginia
107 North Dent Street, Suite 202 Winchester, Virginia 22601
Facsimile 540-665-6395 Phone 540-665-5651
Know All Men By Those Present: That I (We)
(Name) i��CIG\�
R cn n i✓ Y Ob i'
& rIhnSaxPllone)
E340 -
cJ q-9q3Q
(Address) Dosq
Nor hwcs-�crn
Fi (<e,
the owners) of all those tracts or parcels of land ("Property") conveyed to me (us), by cleed recorded in
the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
ly/ 6i 95-2
Instrument No. sea , on Page ems' , and is described as
-7y
Parcel: Lot: 7--1 Block: A Section: 5:�5 Subdivision:
do hereby make, constitute and appoint:
(Name) Pc� �,�-ri-�N l D C (Phone)
(ndch'ess) J t� .o r Creed ��i nde, Su,te I
• TO act as Illy true and Iawflll attorney -in -fact for and in Illy (our) name, place, and stead with full power
and anth0l'ity I (we) would have if acting personally to file planning applications for my (our) above
described Property, including: `
'�/ Rezoning (including proffers)
_ ConditionaI Use Permit
Master Development Plan (Preliminary and Final)
_ Subdivision
_ Site Plan
Variance or Appeal
Comprehensive Policy Plan Amendment
My attorney -in -fact shall have the authority to offer proffered conditions and to make atllendnlents to
previously approved proffered conditions except as f01101VS:
This authorization shall expire one year From the clay it is signed, 01- until it is otherwise rescinded or
modified,
Tn witness thereof, I (we) have Ilel'et0 set Illy (our) hand and seal this clay off, ( 52009,
Signatures) _ Q� —1K
State of Virginia, City/C43t11.1t3, of tyoj ck(,S1-ev-_ , To -wit:
1, _ Dcm �C- -.r_ hC>�.)=I_Lf_5_ bthZ
'nn,l)lic in and for the jurisdiction
aforesaid certify that the person(s) who signed to rile for2�' ���tn4`5et�sonally appeared before me
ar -I has acknowledged the same before me in thejurisdAon.a�orc��a> � s`� day al' -4 ,t 5� ; 200 ,
• .' AFC yet/0 y
Lck* bb ovowxll,re�s���Lr�clsl 6J01/
Notary Public �/R�SS�pN * = —
Revised 3/17/08
f�?�Fq1THOF
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Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Plarlrllng Web Site: �n n� nv.c<n.l'i eder icic.v�n.us
Department of Planning & Development, County of Frederick Virginia,
107 North Kent Strect, Suite 202 Winchester, Virginia 22601
Facsimile 540-665-6395 Phone 540-665-5651
Know All N14en By Those Present: That I (We)
(Name) .CLrUi�1 �� TI�rE� er (Phone)a
(Address) Ll �'� �° f' C I `�� lr'U (11 �1 J 1� VA
the oNvner(s) of all those tracts or parcels of land ("Property") conveyed to ine (us), by cleed recorded in
the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by
TuStrUlnelrt No. 932 oil Page and is described as
Parcel: Lot: I -T Block: A Section:5-5 Subdivision:
do hereby make, constitute and appoinpt:
(Name) r�i I!1� �r LyyI 1 (Phone) J�� L ' �(1_ 1 J
(Address) 9 jq I j- Creey Caude, Su;te DO,
• To let as my true and lawful attorney -in -fact for and in my (our) name, place, and stead \vlth lull power
and authority I (we) would have if acting personally to file planning applications for my (our) above
described Property, including:
yRezoning (including proffers)
_ Conditional Use Permit
Master- Development Plan (Preliminary and final)
_ Subdivision
Site Plan
Variance or Appeal
Comprehensive Policy Plan Anrendnrent
My attorney -in -fact shall have the authority to offer proffered conditions and to make amenchnents to
previously approved proffered conditions except as follows:
This authorization shall expire one year from the clay it is signed, or until it is otherwise rescinded or
modified.
in witness thereof, I (eve) have hereto set my (our) hand and seal this day of , 200_'Fj-
Signatures) r�GL�-
Statc of Virginia, City/C+�.u1 , f �— '� '�C C�� , To-\vit:
I, CI-tyz,( 7d�� c �1,�'v_L �a Notary Public in and for the jurisdiction
aforesaid, certify that tlic person(S) who signed to the foregoing instrument personally ap neared before me
anct has acknowledged the same be1-'ore me in thejurisdietion aforesaid this/1 clay of,X ; ?_00�.
7
-- --- _.._ .)T , Cogs ssi.)i---n;:�s
Notary Public t,kISIOPHER LEMONS
Revised 3/17/08 Notary Public
Commonwealth of Virginia
7054873
r Commission Expires Mar 31, 2010
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BUILDING
HEIGHT
USE
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Retail
8,000sf
40
B
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Office
8,000sf
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Restaurant
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SIGNALIZED - - - - - - --- -- INTERSECTION
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SCALE: DATE:
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Drawing:
ZONED. B2 ' G D P
REZONING APPLICATION 908-08
BOTANICAL SQUARE
Staff Report for the Planning Commission
Prepared: October 15, 2008
Staff Contact: Michael T. Ruddy, AICP, Deputy Plamling Director
STAFF UPDATE FOR THE 10/22/08 BOARD OF SUPERVISORS MEETING:
The Planning Commission reconnnended approval of this rezoning request at their October 1, 2008
meeting. The recommendation was unanimous.
The Applicant's Proffer Statement has been updated since the Planning Conunission meeting in
clarification of a couple of points discussed with the Conunission (revised date October 9, 2008).
At this time there are no outstanding issues or concerns with this request to rezone 4.15 acres of RA
(Rural Areas) District zoned land to B2 (General Business) District, with proffers.
0
to
Rezoning #08-08 — Botanical Square
October 15, 2008
Page 2
This report is prepared by the Frederick County Planning Staff to pf•ovide information to the
Planning Commission and the Boai-d of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed
Planning Commission: 10/01/08
Board of Supervisors: 10/22/08
Action
Recommended Approval
Pending
PROPOSAL: To rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers.
LOCATION: The properties are located on Route 50 West, 1/4 mile west of the Route 50 and Route 37
interchange, at the northwestern comer of the intersection of Route 50 and Botaiucal Drive.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 53-A-74, 53-A-75, 53-A-76 and 53-A-77
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Residential/Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
B2 (Business General)
East: B2 (Business General)
West: B2 (Business General)
PROPOSED USE: Commercial Use
Use:
Residential
Use:
Vacant (Pending RZ#06-08)
Commercial
Use:
Vacant/Commercial
Use:
Vacant/Commercial
0
Rezoning #08-08 — Botanical Square
October 15, 2008
Page 3
REVIEW EVALUATIONS:
Virginia Department of Transportation: The documentation within the application to rezone this
property appears to have significant measurable impact on Route 50. This route is the VDOT roadway
which has been considered as the access to the property referenced. VDOT is not satisfied that the
transportation proffers offered in the Omni Design Build Rezoning application dated May 1, 2008
addresses transportation concerns associated with this request. VDOT has the following
concerns/comments: Because of the high volume of traffic on Route 50 and for the safety of the
traveling public, VDOT does not recommend a right-in/right-out entrance along Route 50. The
proposed entrance is not included in the Frederick County Master Development Plan. VDOT
recommends a traffic signalization agreementfor 100% funding of a traffic signal at Botanical
Boulevard. Signalization funding should be unrestricted to allow for its use towards other
transportation improvements along this corridor if a signal is not warranted.
Fire Marshall: Plan approved as submitted.
Department of Public Works: A review of the rezoning application and related impact analysis for
the Omni Commercial Development property revealed that the drainage narrative needs to be revised to
reflect the as -built conditions to the east and west of the project. As a matter of record, the stormwater
management facility constructed on the Wal-Mart property to the west was designed to attenuate runoff
and compensate for any downstream development north of Route 50. Likewise, the drainage system on
the Valley Health property located to the east of the subject property was designed to intercept and
channel stormwater flows across their property and under Route 50. We reconunend that the narrative
and Exhibit 3 be revised to reflect the above conditions. We also recommend that you review copies of
the down gradient drainage system design to ensure that they have been adequately sized to
acconumodate storm flows from the Onuii Commercial Development property. Our recent site
inspection revealed that four drop inlets have been constructed on the west side of Botanical Boulevard
to intercept storm runoff from the Omni property. The grading around two of these appears to restrict
flows into the inlets. The actual locations of these inlets should be shown on Exhibit 2.
Frederick -Winchester Service Authority: No comments.
Sanitation Authority Department: There should be sufficient sewer and water capacity to serve this
site.
Department of Parks & Recreation: The 10' asphalt bicycle trail should be included within a 20'
wide easement with trail meeting Frederick County specifications. Trail maintenance should be the
responsibility of the owner and proper signage should be provided.
Health Department: The Health Department has no objection to the request as stated so long as
adequate public water and sewer are utilized. Any existing wells and existing drainfields located on
subject properties are required to be properly abandoned through the Health Department.
Historic Resources Advisory Board: It appears that the proposal does not significantly impact
historic resources and it is not necessary to schedule a formal review of the rezoning application by the
• 0
Rezoning #08-08 — Botanical Square
October 15, 2008
Page 4
HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located
on the properties nor are there any possible historic districts in the vicinity. It was also noted that the
National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core
battlefield within this area.
Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 surfaces of
the Winchester Regional Airport; therefore, proposed uses under the rezoning request should have no
impact on airside operations of the Winchester Regional Airport.
Frederick Countv Public Schools: We offer no comments.
Attorney Comments: Continents to be provided.
Planning Department: See attached memorandum from Mike Ruddy, AICP, dated June 27, 2008
Plannina & Zoninj4:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these
properties as being zoned A-2 (Agriculture General). The County's agricultural zoning districts
were combined to form the RA (Rural Areas) District upon adoption of an amendment to the
Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned
land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the community's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living enviromnent within Frederick County. It is in essence a
composition of policies used to plan for the future physical development of Frederick County.
[Conprehensive Policy Plan, p. 1-1]
Land Use
The property is located in the area covered by the Round Hill Land Use Plan which was most
recently updated on November 11, 2007. The property is within the SWSA and is designated as
an area of commercial land use, adjacent to Route 50, by the Round Hill Land Use Plan. This
commercial request is considered supportive of the land uses identified in the Comprehensive
Plan with particular care being taken to sensitively integrate the development of the site and the
corridor appearance along Route 50 and Botanical Drive.
The Round Hill Land Use Plan addresses the corridor appearance elements of the Round Hill
Community along Route 50. Particular effort should be made to provide for enhanced design of
Rezoning 908-08 — Botanical Square
October 15, 2008
Page 5
the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting,
and building layout and form should be carefully planned to ensure that this is achieved.
Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable
landscaped buffer area that promotes the corridor appearance goals of the Comprehensive Plan.
Recently rezoned projects in several corridors have consistently applied this approach. This
application continues this approach.
This property is located in an area that contains an existing established residential property.
Special consideration should be provided to ensure that the impact to the adjacent residential
property is sensitively addressed. A tailored approach to the buffering and screening of this
property may be warranted.
Transl?ortation and Site Access
This application addresses the transportation components of the Round Hill Land Use Plan. The
Round Hill Cominunity Land Use Plan calls for a transportation network that would feed traffic
to and from Route 50 at controlled intersections, and discourages a proliferation of entrances
along Route 50 itself. The Round Hill Plan states that commercial establishments should front
feeder roads which connect to Route 50 at signalized intersections. This discourages individual
business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency
and access management.
This applications site access is proposed to be provided from one location, via an entrance on
Botanical Drive. This point of access was determined through the Master Development Plan
process for the adjacent Winchester Medical Center property. The Applicant will be
coordinating this access with the Winchester Medical Center property. Botanical Drive is a
dedicated road that will ultimately be accepted as a State Road. The location of this point of
access is further identified on the GDP for this project. The GDP provides certainty as to how
the site's access will be provided.
This application does not provide a direct point of access to Route 50. It has been recognized
that additional entrances along such a significant transportation corridor should be avoided.
In Frederick County's Eastern Road Plan, Route 50 is classified as a minor arterial road. The
Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route
50 as a six -lane divided road section.
The Comprehensive Policy Plan also states that proposed industrial and commmercial
development should only occur if impacted roads function at Level of Service (LOS) Category
C or better.
0
Rezoning #08-08 — Botanical Square
October 15, 2008
Page 6
3) Site Suitability/Environinent
The site does not contain any envirorunental features that would either constrain or preclude site
development. In particular, there are no identified areas of steep slopes, mature woodlands,
floodplain or wetlands on the parcel which are identified in this application.
The site does contain areas of mature trees, in particular along the Route 50 frontage. It would
be preferable to preserve areas of mature trees and specific specimen trees within this area, and
elsewhere on site, to enhance the corridors appearance and minimize the impacts on this natural
resource.
4) Potential Impacts
A. Transportation
The TIA prepared for this application was based upon the development of a conunercial project
which would include the following commercial uses; a car wash, 8,000 square feet of office
space, 8,000 square feet of retail, and 8,000 square feet of restaurant. This trip generation should
be generally consistent with the limitation proffered for the maximum floor area of the project.
It appears to be consistent when considering the 30,000 square feet number. The Applicant
should clarify the discrepancy between the two numbers contained in the proffers. The
Applicant evaluated the intersection of Botanical and Route 50 and the intersections of Route 50
and Route 37.
As the Connnission is aware, the Comprehensive Policy Plan seeks to ensure that proposed
industrial and commercial development should only occur if impacted roads function at Level of
Service (LOS) Category C or better. An acceptable level of service to Frederick County, as
identified in the Comprehensive Plan, is a level of service C. This TIA's evaluations and
conclusions highlight levels of service deficiencies at several locations that have not been fully
recognized by the application.
On recent rezonings, other projects have contributed additional funding for transportation
improvements in the general area of their requests. This has been done in recognition of the
need to address the broader transportation improvements in the developing areas of the County
in addition to the specific improvements they may be proposing. Such an approach should be
considered with this request. This could be done in conjunction with VDOT and the County's
recommendation that the value proffered for signalization improvements be available for other
improvements in the area.
VDOT has recommended a traffic signalization agreement for 100% funding of a traffic signal
at Botanical Boulevard. Signalization funding should be unrestricted to allow for its use
towards other transportation improvements along this corridor if a signal is not warranted.
It is anticipated that additional right-of-way and improvements may be necessary in the future
along Route 50. A mechanism has been provided in the proffer statement which would enable
Rezoning #08-08 — Botanical Square
October 15, 2008
Page 7
any right-of-way necessary for planned future improvements to be dedicated to the County or
VDOT. Future right-of-way dedication should be based upon any road improvement plans as
approved by VDOT and Frederick County.
Access management of Route 50 is a significant consideration. No entrances onto Route 50 are
proposed in recognition of this consideration. The function of the existing signal at Route 50
and Botanical Avenue should continue to be enhanced. In addition, VDOT has identified a
potential need in the future for a signal at the intersection of Botanical Drive and the site's one
point of access. The Applicant has addressed this need in their proffer statement.
Pedestrian acconinodations have been provided in a coordinated mariner internal to the project,
to and across Botanical, to the Route 50 frontage, and along the Route 50 frontage where a 10'
wide pedestrian trail will be provided.
B. Design Standards
The application provides for the addition of an enhanced landscaping buffer area along the
properties frontage with Route 50. The proposed buffer is 50' in width and will seek to
preserve existing trees where possible or alternately contain landscape plantings. The buffer
area will also contain a 10' wide pedestrian trail. In addition, the application includes minimal
architectural language, written in an attempt to address the corridor appearance design elements
of the Comprehensive Plan.
C. Community Facilities
The development of this site will have an impact on connnunity facilities and services.
However, it is recognized that commercial uses generally provide a positive impact on
community facilities through the additional generation of tax revenue. This application's effort
to address the impacts to community facilities is a $5,000.00 contribution to Frederick County
for Fire and Rescue purposes.
5) Proffer Statement — Dated February 7, 2008; Revised July 1, 2008
A) Generalized Development Plan
The applicant has proffered a Generalized Development Plan for the site. The
GDP shows the location of the site's sole access from Botanical, location of buffer
areas and identifies the Route 50 landscape buffer.
B) Land Use
The Applicant has stated that they intend to develop the property with up to 36,000 SF
of commercial uses. The proffer that addresses this limitation should be clarified to
verify the maximum floor area and must eliminate the discussion on additional Ms
and development. Such a proffer is problematic and should be removed The
Applicant has recognized this concern and has the ability to remove the second part of
Rezoning #08-08 — Botanical Square
October 15, 2008
Page 8
this proffer. To reiterate, this approach is not acceptable. The rezoning amendment
process is a process that requires the applicant to identify and address all impacts
associated with the request.
The applicant has proffered a 50' erilianced landscaped buffer along the Route 50
frontage which will include the preservation of existing mature trees and the provision
of additional landscape plantings.
The Applicant has provided for architectural language, written to address the corridor
appearance design elements of the Comprehensive Plan and has provided a limitation on
the location of parking adjacent to Route 50 to minimize the parking area adjacent to the
road and promote building appearance adjacent to the corridor.
C) Transportation
The applicant has proffered to limit site entrances to one as shown on the GDP which is
via Botanical. Direct access from Route 50 shall be prohibited. An access point to the
adjacent residential use is addressed.
The Applicant has proffered improvements within the Route 50 and Botanical right of
ways which may be necessary to support the proposed development. In addition, the
Applicant has proffered the signalization of the site access and Botanical. It is
recognized that the dollar value of this improvement for• the construction of a signal
should be available for use on other transportation improvements in the general area.
This would be similar to other proffers recently accepted by the County. The Applicant
has expressed the ability to do this. It may be prudent to establish a dollar value for this
improvement and contribution.
D) Conununity Facilities
The applicant has proffered a monetary contribution in the amount of $5,000 to
Frederick County for Fire and Rescue purposes.
STAFF CONCLUSIONS FOR THE 10/01/08 PLANNING COMMISSION MEETING:
This application to rezone four parcels totaling 4.15 acres from the RA (Rural Areas) District to the B2
District with proffers for conunercial land uses is consistent with the Comprehensive Policy Plan, and
the described in the Round Hill Land Use Plan. The impacts associated with this request appear to have
been adequately mitigated, subject to affirming that the transportation proffers may be used for
improvements in the general area supporting this project.
A recommendation by the Planning- Commission to the Board of Supervisors concerning this
rezonin,a application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
Rezoning 08-08 — Botanical Square
October 15, 2008
Page 9
PLANNING COMMISSION SUMMARY AND ACTION OF THE 10/01/08 MEETING:
Commission members wanted assurances from the applicant that the County Attorney's comments on the proffers
would be addressed, particularly with clarification to proffer language that development of the property would be
limited to a maximum of 36,000 square feet of commercial floor area and the dollar value of the improvement for
the construction of a traffic signal at the site access and Botanical Drive will be available for use on other
transportation improvements in the general area, should the signalization not require the full amount of the
contribution. A dollar value in the amount of $150,000 for this improvement was designated by the applicant.
There were no public comments.
The Planning Commission unanimously recommended approval of the rezoning with the revisions to the proffers
addressing the County Attorney's comments dated September 29, 2008, particularly with regard to a limitation of
36,000 square feet of commercial floor area and affirming that transportation proffers may be used for
improvements in the general area supporting this project.
(Note: Commissioners Kriz and Watt were absent from the meeting.)
REZONING APPLICATION 908-08
BOTANICAL SQUARE
Staff Report for the Planning Commission
Prepared: September 17, 2008
Staff Contact: Michael T. Ruddy, AICP, Deputy Plamiing Director
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed
Planning Commission: 10/01/08
Board of Supervisors: 10/22/08
Action
Pending
Pending
PROPOSAL: To rezone 4.15 acres from RA (Rural Areas) District to B2 (General Business) District,
with proffers.
LOCATION: The properties are located on Route 50 West, 1/4 mile west of the Route 50 and Route 37
interchange, at the northwestern corner of the intersection of Route 50 and Botanical Drive.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 53-A-74, 53-A-75, 53-A-76 and 53-A-77
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Residential/Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas)
South: RA (Rural Areas)
B2 (Business General)
East: B2 (Business General)
West: B2 (Business General)
PROPOSED USE: Commercial Use
Use:
Residential
Use:
Vacant (Pending R7—#06-08)
Commercial
Use:
Vacant/Commercial
Use:
Vacant/Commercial
0 0
Rezoning #08-08 — Botanical Square
September 17, 2008
Page 2
REVIEW EVALUATIONS:
VirlZinia Department of Transportation: The documentation within the application to rezone this
property appears to have significant measurable impact on Route 50. This route is the VDOT roadway
which has been considered as the access to the property referenced. VDOT is not satisfied that the
transportation proffers offered in the Omni Design Build Rezoning application dated May 1, 2008
addresses transportation concerns associated with this request. VDOT has the following
concerns/comments: Because of the high volume of traffic on Route 50 and for the safety of the
traveling public, VDOT does not recommend a right-ii-dright-out entrance along Route 50. The
proposed entrance is not included in the Frederick County Master Development Plan. VDOT
recommends a traffic signalization agreementfor I00%_funding of a traffic signal at Botanical
Boulevard Signalization funding should be unrestricted to allow for its use towards other
transportation improvements along this corridor if a signal is not warranted..
Fire Marshall: Plan approved as submitted.
Department of Public Works: A review of the rezoning application and related impact analysis for
the Omni Commercial Development property revealed that the drainage narrative needs to be revised to
reflect the as -built conditions to the east and west of the project. As a matter of record, the stonnwater
management facility constructed on the Wal-Mart property to the west was designed to attenuate runoff
and compensate for any downstream development north of Route 50. Likewise, the drainage system on
the Valley Health property located to the east of the subject property was designed to intercept and
channel stormwater flows across their property and under Route 50. We recommend that the narrative
and Exhibit 3 be revised to reflect the above conditions. We also recommend that you review copies of
the down gradient drainage system design to ensure that they have been adequately sized to
accommodate stone flows from the Omni Commercial Development property. Our recent site
inspection revealed that four drop inlets have been constructed on the west side of Botanical Boulevard
to intercept storm runoff from the Omni property. The grading around two of these appears to restrict
flows into the inlets. The actual locations of these inlets should be shown on Exhibit 2.
Frederick -Winchester Service Authoritv: No comments.
Sanitation Authority Department: There should be sufficient sewer and water capacity to serve this
site.
Department of Parks & Recreation: The 10' asphalt bicycle trail should be included within a 20'
wide easement with trail meeting Frederick County specifications. Trail maintenance should be the
responsibility of the owner and proper signage should be provided.
Health Department: The Health Department has no objection to the request as stated so long as
adequate public water and sewer are utilized. Any existing wells and existing drainfields located on
subject properties are required to be properly abandoned through the Health Department.
Historic Resources Advisory Board: It appears that the proposal does not significantly impact
0 0
Rezoning #08-08 — Botanical Square
September 17, 2008
Page 3
historic resources and it is not necessary to schedule a formal review of the rezoning application by the
HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located
on the properties nor are there any possible historic districts in the vicinity. It was also noted that the
National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core
battlefield within this area.
Winchester Regional Airport: The proposed rezoning request lies outside of the Part 77 surfaces of
the Winchester Regional Airport; therefore, proposed uses under the rezoning request should have no
impact on airside operations of the Winchester Regional Airport.
Frederick Countv Public Schools: We offer no comments.
Attorney Comments: Comments to be provided.
Planning Department: See attached memorandum from Mike Ruddy, AICP, dated June 27, 2008
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these
properties as being zoned A-2 (Agriculture General). The County's agricultural zoning districts
were combined to form the RA (Rural Areas) District upon adoption of an amendment to the
Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the
zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned
land to the RA District.
2) Comprehensive Policy Plan
The Frederick County Comprehensive Policy Plan is an official public document that serves as
the conununity's guide for making decisions regarding development, preservation, public
facilities and other key components of community life. The primary goal of this plan is to
protect and improve the living environment within Frederick County. It is in essence a
cornposition of policies used to plan for the future physical development of Frederick County.
[Comprehensive Policy Plan, p. 1-1]
Land Use
The property is'located-in the area covered by the Round. Hi11 Land Use Plan which was most
recently updated on November 11, 2007. The property is within the SWSA and is designated as
an area of commercial land use, adjacent to Route 50, by the Round Hill Land Use Plan. This
commercial request is considered supportive of the land uses identified in the Comprehensive
Plan with particular care being taken to sensitively integrate the development of the site and the
corridor appearance along Route 50 and Botanical Drive.
The Round Hill Land Use Plan addresses the corridor appearance elements of the Round Hill
0 0
Rezouhig #08-08 — Botanical Square
September 17, 2008
Page 4
Community along Route 50. Particular effort should be made to provide for enhanced design of
the project to facilitate improved corridor appearance along Route 50. Landscaping, lighting,
and building layout and folin should be carefully planned to ensure that this is achieved.
Along Route 50 West, a 50 foot landscaped buffer has been recognized as a desirable
landscaped buffer area that promotes the corridor appearance goals of the Comprehensive Plan.
Recently rezoned projects in several corridors have consistently applied this approach. This
application continues this approach.
This property is located in an area that contains an existing established residential property.
Special consideration should be provided to ensure that the impact to the adjacent residential
property is sensitively addressed. A tailored approach to the buffering and screening of this
property may be warranted.
Transportation and Site Access
This application addresses the transportation components of the Round Hill Land Use Plan. The
Round Hill Community Land Use Plan calls for a transportation network that would feed traffic
to and from Route 50 at controlled intersections, and discourages a proliferation of entrances
along Route 50 itself. The Round Hill Plan states that cornnrercial establislunents should front
feeder roads which connect to Route 50 at signalized intersections. This discourages individual
business entrances on Route 50 both for aesthetic reasons as well as transportation efficiency
and access management.
This application's site access is proposed to be provided from one location, via an entrance on
Botanical Drive. This point of access was determined through the Master Development Plan
process for the adjacent Winchester Medical Center property. The Applicant will be
coordinating this access with the Winchester Medical Center property. Botanical Drive is a
dedicated road that will ultimately be accepted as a State Road. The location of this point of
access is further identified on the GDP for this project. The GDP provides certainty as to how
the site's access will be provided.
This application does not provide a direct point of access to Route 50. It has been recognized
that additional entrances along such a significant transportation corridor should be avoided.
In Frederick County's Eastern Road Plan, Route 50 is classified as a minor arterial road. The
Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route
50 as a six -lane divided road section.
The Comprehensive Policy Plan also states that proposed industrial and commercial
development should only occur if impacted roads function at Level of Service (LOS) Category
C or better.
1.J
40
Rezoning 908-08 — Botanical Square
September 17, 2008
Page 5
3) Site Suitability/Environment
The site does not contain any enviromnental features that would either constrain or preclude site
development. In particular, there are no identified areas of steep slopes, mature woodlands,
floodplain or wetlands on the parcel which are identified in this application.
The site does contain areas of mature trees, in particular along the Route 50 frontage. It would
be preferable to preserve areas of mature trees and specific specimen trees within this area, and
elsewhere on site, to enhance the corridors appearance and minimize the impacts on this natural
resource.
4) Potential Impacts
A. Transportation
The TIA prepared for this application was based upon the development of a conunercial project
which :would include the following conunercial uses-, a car wash, 8,000 square feet of office
space, 8,000 square feet of retail, and 8,000 square feet of restaurant. Tlus trip generation should
be generally consistent with the limitation proffered for the maximum floor area of the project.
It appears to be consistent when considering the 30,000 square feet number. The Applicant
should clarify the discrepancy between the two numbers contained in the proffers. The
Applicant evaluated the intersection of Botanical and Route 50 and the intersections of Route 50
and Route 37.
As the Connnission is aware, the Comprehensive Policy Plan seeks to ensure that proposed
industrial and commercial development should only occur if impacted roads fWiction at Level of
Service (LOS) Category C or better. An acceptable level of service to Frederick County, as
identified in the Comprehensive Plan, is a level of service C. This TIA's evaluations and
conclusions highlight levels of service deficiencies at several locations that have not been fully
recognized by the application.
On recent rezonings, other projects have contributed additional fielding for transportation
improvements in the general area of their requests. This has been done in recognition of the
need to address the broader transportation improvements in the developing areas of the County
in addition to the specific improvements they may be proposing. Such an approach should be
considered with this request. This could be done in conjunction with VDOT and the County's
recommendation that the value proffered for signalization improvements be available for other
improvements in the area. .
VDOT has recommended a traffic signalization agreement for 100% funding of a traffic signal
at Botanical Boulevard. Signalization funding should be unrestricted to allow for its use
towards other transportation improvements along this corridor if a signal is not warranted.
It is anticipated that additional right-of-way and improvements may be necessary in the future
along Route 50. A mechanism has been provided in the proffer statement which would enable
0 0
Rezoning 908-08 — Botanical Square
September 17, 2008
Page 6
any right-of-way necessary for planned future improvements to be dedicated to the County or
VDOT. Future right-of-way dedication should be based upon any road improvement plans as
approved by VDOT and Frederick County.
Access management of Route 50 is a significant consideration. No entrances onto Route 50 are
proposed in recognition of this consideration. The function of the existing signal at Route 50
and Botanical Avenue should continue to be enhanced. In addition, VDOT has identified a
potential need in the future for a signal at the intersection of Botanical Drive and the site's one
point of access. The Applicant has addressed this need in their proffer statement.
Pedestrian accommodations have been provided in a coordinated marmer internal to the project,
to and across Botanical, to the Route 50 frontage, and along the Route 50 frontage where a 10'
wide pedestrian trail will be provided.
B. Design Standards
The application provides for the addition of an enhanced landscaping buffer -area along the
properties frontage with Route 50. The proposed buffer is 50' in width and will seek to
preserve existing trees where possible or alternately contain landscape plantings. The buffer
area will also contain a 10' wide pedestrian trail. In addition, the application includes minimal
architectural language, written in an attempt to address the corridor appearance design elements
of the Comprehensive Plan.
C. Community Facilities
The development of this site will have an impact on community facilities and services.
However, it is recognized that conunercial uses generally provide a positive impact on
conununity facilities through the additional generation of tax revenue. This application's effort
to address the impacts to community facilities is a $5,000.00 contribution to Frederick County
for Fire and Rescue purposes.
5) Proffer Statement — Dated February 7, 2008; Revised July 1, 2008
A) Generalized Development Plan
The applicant has proffered a Generalized Development Plan for the site. The
GDP shows the location of the site's sole access from Botanical, location of buffer
areas and identifies the Route 50.landscape buffer. II . ...
B) Land Use
The Applicant has stated that they intend to develop the property with up to 36,000 SF
of commercial uses. The proffer that addresses this limitation should be clarified to
verify the maximum floor area and must eliminate the discussion on additional TL4 s
and development. Such a proffer is problematic and should be removed. The
Applicant has recognized this concern and has the ability to remove the second part of
0 0
Rezoning #08-08 — Botanical Square
September 17, 2008
Page 7
this proffer. To reiterate, this approach is not acceptable. The rezoning amendment
process is a process that requires the applicant to identify and address all impacts
associated with the request.
The applicant has proffered a 50' erihanced landscaped buffer along the Route 50
frontage which will include the preservation of existing mature trees and the provision
of additional landscape plantings.
The Applicant has provided for architectural language, written to address the corridor
appearance design elements of the Comprehensive Plan and has provided a limitation on
the location of parking adjacent to Route 50 to minimize the parking area adjacent to the
road and promote building appearance adjacent to the corridor.
C) Transportation
The applicant has proffered to limit site entrances to one as shown on the GDP which is
via Botanical. Direct access from Route 50 shall be prohibited. An access point to the
adjacent residential use is addressed.
The Applicant has proffered improvements within the Route 50 and Botanical right of
ways which may be necessary to support the proposed development. In addition, the
Applicant has proffered the signalization of the site access and Botanical. It is
recognized that the dollar value of this improvement for the construction of a signal
should be available for use on other transportation improvements in the general area.
This would be similar to other proffers recently accepted by the County. The Applicant
has expressed the ability to do this. It may be prudent to establish a dollar value for this
improvement and contribution.
D) Community Facilities
The applicant has proffered a monetary contribution in the amount of $5,000 to
Frederick County for Fire and Rescue purposes.
STAFF CONCLUSIONS FOR THE 10/01/08 PLANNING COMMISSION MEETING:
This application to rezone four parcels totaling 4.15 acres from the RA (Rural Areas) District to the B2
District with proffers for commercial land uses is consistent with the Comprehensive Policy Plan, and
as described in the Round Hill Land Use Plan. The impacts associated with this request appear to have
been adequately mitigated, subject to affirming that the transportation proffers may be used for
improvements in the general area supporting this project.
A recommendation by the Planning Commission to the Board of Supervisors concerning this
rezoning application would be appropriate. The applicant should be prepared to adequately
address all concerns raised by the Planning Commission.
6
•
September 10, 2008
Mr. Mike Ruddy
Frederick Co, Planning
107 N. Kent Street
Winchester, VA 22601
RE: OMNI COMERCIAL DEVELOPMENT
ROUTE 50 WEST
REZONIG APPLICAITON
Dear Mr. Ruddy,
Painter -Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540-662-5792
office(cDpainteriewis. com
Enclosed, please find for final submittal, the following information for the rezoning
application listed above:
• Deeds for the properties
• Tax statements updated as of 9/10/08
Please feel free to contact this office if you have any questions or if you require
additional information.
,Sincerely,
Ill�rii--s
ngineering Admin. Assistant
PAINTER-LEWIS, P.L.C.
S E P 1 0 2008
JOB NUMBER: 0612010
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WINCHESTER MEDICAL
CENTER II
',,,,.�„"m -INAL MASTER PLAN,
GAINESBORO DISTRICT
� w�"r"''~FREDERICK COUNTY, VIRGINIA r"c ""
t.-
COUNTY of FREDERI CK
M MORANDU artment of Planning and Development
540/665-5651
FAX: 540/ 665-6395
To: Wayne Corbett, Deputy Treasurer
From: Eric Lawrence, Planning Director
Re: BPG Properties, Ltd.
Date: December 14, 2012
Attached are two checks totaling $340,000.00. Check 4147 is in the amount of $10,000.00 and
check #146 is in the amount of $330,000.00.
These two checks represent proffer contributions associated with Rezoning #05-09 and Rezoning
#05-12 of BPG Properties, PINS 33-A-109 and 33-A-110. The properties are owned by
Frederick County Investors LLC.
The $330,000 check is for transportation; the $10,000 is for fire and rescue.
The proffer contribution is made in proportion to the square footage of development proposed as
compared to the 750,000 square feet approved. The proposed development is now approved and
permitted for a 450,000 square foot facility, representing 60% of the total approved. The proffer
contribution for 3.8 equals $330,000, or 60% of $550,000.00 for transportation.
Attachrnents
ERL/bad
107 North Kent Street, Suite 202 - Winchester, Virginia 226071-5000
r,
Frederick County Investors LLC US Bank 147
770 Township Line Road t
Suite 150
Yardley, PA 19067 081202759
TEN THOUSAND AND 00/100 DOLLARS
Date Amount
TO THE ORDER OF 12/06/2012 $10,000.00**
Treasurer of Frederick County --------------
;>
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0000 1 L, TO 1:08 1 20 2 7 S cill: L 99 380 30 2 2 L.0ii"
Frederick County Investors LLC US Bank 146
770 Township Line Road
Suite 150
Yardley, PA 19067
081202759
THREE HUNDRED THIRTY THOUSAND AND 00/100 DOLLARS
TO THE Date Amount
ORDER OF 12/06/2012 $330,000.00*
Treasurer of Frederick County
............
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EXHIBIT 4
9 •
AMENDMENT
Action:
PLANNING COMMISSION: October 1, 2008 - Recommended Approval
BOARD OF SUPERVISORS: October 22, 2008 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #08-08 OF BOTANICAL SQUARE
WHEREAS, Rezoning 908-08 of Botanical Square, submitted by Painter -Lewis, PLC, to rezone 4.15
acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated February 7,
2008 and final revision dated October 9, 2008 for Commercial Use, was considered. The properties are
located on Route 50 West, at the northeast corner of the Route 50 and Botanical Drive intersection,
approximately 1/4 mile west of Route 37, in the Back Creek Magisterial District, and are identified by
Property Identification Numbers 53-A-74, 53-A-75, 53-A76 and 53-A-77.
WHEREAS, the Planning Commission held apublic hearing on this rezoning on October 1, 2008; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on October 22 2008; and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 4.15 acres from RA (Rural Areas) District to B2 (General Business) District, subject to the
attached conditions voluntarily proffered in writing by the applicant and the property owner.
PDRes 433-08
•
u
This ordinance shall be in effect on the date of adoption.
Passed this 22"d day of October, 2008 by the following recorded vote:
Richard C. Shickle, Chairman Aye Gary A. Lofton Aye
Gary W. Dove Aye Bill M. Ewing Aye
Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye
Philip A. Lemieux Aye
A COPY ATTEST
i�.
JoYfn R: Rileyjr.
Fr6rick County Administrator
PDRes. #33-08
0
•
BOTANICAL SQUARE
OMNI DESIGN/BUILD, INC.
Route 50 West
Proffer Statement
Rezoning #:
Property: 4.15 acres
PARCEL ID's: 53-A-74
Recorded Owner: Carolyn R. Turner
PARCEL ID's: 53-A-75, 53-A-76, 53-A-77
Recorded Owner: Robert B. and Nancy R. Johnson
Applicant: Omni Design/Build, Inc.
20288 Blueridge Mountain Road
Paris, VA 20130
Project Name:
Original Date
of Proffers:
Revision Date(s):
Botanical Square
Route 50 West
February 7, 2008
July 1, 2008
C s.......1..,,.. nn nnno
Oel) -51111JC1 --U, GVVV
October 9, 2008
Prepared by: PAINTER-LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540) 662-5792
email: office@painterlewis.com
Job Number: 0612010
PROFFER STATEMEP
PARCEL ID PARCEL ID's
0
53-A-74, 53-A-75, 53-A-76, 53-A-77
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of Frederick
County shall approve Rezoning Application # for the rezoning of parcels TM#s 53-
A-74, 53-A-75, 53-A-76, 53-A-77 from RA to B2, the use and development of the subject
property (the site) shall be in strict conformance with the following conditions set forth in this
proffer except to the extent that such conditions may be subsequently amended or revised
by the applicant and such are approved by the Board of Supervisors in accordance with the
Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be
binding on the owners and their legal successors or assigns. For the purposes of these
proffers, the property includes all or any portion of parcels TM#s 53-A-74, 53-A-75, 53-A-76,
and 53-A-77.
PROFFERS
1.) Generalized Development Plan
The applicant agrees to proffer the Generalized Development Plan (GDP) dated 07101/08,
identified as "Botanical Square/Route 50 West", and which is attached to the Proffer
Statement, for the purpose of identifying the general configuration of the proposed
commercial development, the location of the principal site access, the location of parking
areas, the location of a 50' landscaped buffer along Route 50, and transportation
improvements. Please refer to the attached drawing named "GDP".
2.) Route 50 Right of Way Improvements
The applicant will make the necessary road frontage improvements, as required by Virginia
Department of Transportation, to Route 50 and Botanical Boulevard in support of the
proposed development. The improvements will be designed and submitted for approval to
the Virginia Department of Transportation and Frederick County Planning during the site
plan review process.
3.) Improvements to Botanical Boulevard and Traffic Signalization
The applicant will make the necessary road frontage improvements including pedestrian
facilities, as required by Virginia Department of Transportation and Frederick County, to
Botanical Boulevard in support of the proposed development. The improvements will be
designed and submitted for approval to the Virginia Department of Transportation and
Frederick County Planning during the site plan review process. In anticipation of the warrant
for a traffic signal, the applicant will enter into a signalization agreement with the Virginia
Department of Transportation providing for payment by the applicant for the cost of the
design and installation of traffic signalization at the intersection of Botanical Boulevard and
the site entrance when warranted by VDOT. The agreement will be executed prior to the
receipt of the first building permit issued for the site, subsequent to the approval of this
rezoning. In the event that traffic signalization is not warranted by VDOT and no
signalization agreement is executed, the applicant agrees to pay $150,000.00, for future
transportation improvements within the Route 50 and Botanical Boulevard rights -of -way.
This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any
structure on the property excluding, however, occupancy of the existing structures on the
property which are currently occupied for residential use.
page 2
PROFFER STATEMA
PARCEL ID PARCEL ID's
53-A-74, 53-A-75, 53-A-76, 53-A-77
4.) Monetary Contribution to Frederick County Service Organizations
The applicant will donate or will cause to be paid to the Treasurer of Frederick County for
Fire and Rescue services the sum of $5,000.00 for impacts to fire and rescue services. This
sum will be paid upon the receipt of the first building permit issued for the site, subsequent
to the approval of this rezoning.
5.) Route 50 Buffer
The applicant agrees to construct a ten (10) foot wide pedestrian trail running parallel with
Route 50 within a fifty (50) foot wide buffer running concurrently with the Route 50 right-of-
way. The trail will be paved with an all weather surface acceptable to the Frederick County
Department of Planning and Development. The buffer will contain no permanent surface
improvements with the exception of the pedestrian trail, landscape elements, means of
access, and utility riser structures. The trail will be owned and maintained by the property
owner(s). The buffer will be landscaped by the inclusion of one shade tree per 40 linear feet
of road frontage (minimum 10 trees) and one ornamental shrub per 5 linear feet of road
frontage (minimum 80 shrubs) or the applicant will preserve a roughly equivalent amount of
existing vegetation, or a combination thereof. A landscape/buffer plan will be submitted
along with the first site plan for the site or any portion thereof. The trail and buffer will be
completed prior to the occupancy of any structure on the site excluding, however,
occupancy of the existing structures on the property which are currently occupied for
residential use.
6.) Building Design
The proposed buildings shall be constructed using compatible architectural style and
materials. Design elements shall be compatible with Frederick County and will respect the
continuity and character of the existing architectural fabric of the surrounding community.
The principal fagade in addition to any fagade facing Route 50 and Botanical Boulevard
shall be limited to one or a combination of the following materials: cast stone, stone, brick,
glass, wood, stucco, or other high quality, long lasting masonry materials.
7.) Location of Parking
The owner agrees that the development of the site will include no more than one (1) row of
parking and one access aisle between any building and the Route 50 front yard of the
property. This will be shown on the site plan as part of the development requirements.
8.) Maximum Floor Area
The applicant agrees to limit the gross commercial floor area that will be built on the 4.15
acres to 36,000 square feet.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owners. In the event that the Frederick County
Board of Supervisors grants this rezoning and accepts these proffers, then these proffers
shall apply to the land rezoned in addition to the other requirements of the Frederick County
Code.
page 3
0
PROFFER STATEMEP
PARCEL ID PARCEL ID's
(�L,
Carolyn R. lurner
53-A-74, 53-A-75, 53-A-76, 53-A-77
City/County of ��� �"1G�'�i� , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this 15 day of
CC-4- 12003
Notk ry Public
My commission expires:
",,et j ;..
page 5
PROFFER STATEMENP
PARCEL ID PARCEL ID's: 53-A-74, 53-A-75, 53-A-76, 53-A-77
Submitted By:
Nancy R. Lbhnson
City/County of �� s fi r , Commonwealth Of Virginia.
The foregoing instrument was acknowledged before me this » day of
0--+ , 200 S
54 %,(� 1
Nbjary Public
My commission expires: b 3%
page 4
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INTERSECTION _ _ y �----------- no N/A
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APPRX. LOC. OF EXISTING ENTRANCE!3" � I� Iss 0612010
SCALE: DATE:
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II Drawing
ZONED.- 82
GDP
Mike Rudd
From:
John Lewis Uclewis@painterlewis.com]
Sent:
Tuesday, September 23, 2008 3:45 PM
To:
'Mike Ruddy'
Subject:
RE: Omni Design/Build-Botanical Square
Sure does.
-----Original Message -----
From: Mike Ruddy [mailto:mruddy@co.frederick.va.us]
Sent: Tuesday, September 23, 2008 3:22 PM
To: 'John Lewis'
Subject: RE: Omni Design/Build-Botanical Square
Thanks John.
I would rather not present a new set of proffers to the PC as I don't want them to table the
application for 45 days per their bylaws. I would suggest that I let the PC know during my
presentation that you have committed to making the changes, that I have seen the proposed
language in an updated statement, and that it will be incorporated into the proffer that will
be presented to the Board.
Does this work for you?
Thanks.
Mike.
-----Original Message -----
From: John Lewis [mailto:jclewis@painterlewis.com]
Sent: Tuesday, September 23, 2008 9:13 AM
To: 'Mike Ruddy'
Cc: 'Jill Fries'; OmniWendellJ@aol.com; Thomas Moore Lawson (E-mail)
Subject: Omni Design/Build-Botanical Square
Mike:
Per our telephone conversation last week, I have made minor revisions to the proffer
statement: Proffer #3 has been revised to commit $150,000 to improvements if the applicant
doesn't install the traffic signal; Proffer #5 has been revised to limit building floor area
to 36,000 sf.
A copy of the revised proffers is attached. Let me know how this will be handled at the PC
meeting next Wednesday.
Thanks
John
John C. Lewis
Painter -Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Off.: 540-662-5792
Cel.: 540-323-5559
No virus found in this incoming message.
Checked by AVG - http://www.avg.com
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1
4:08 PM' 0
Y
0 0
5
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail:
rwillia@co.frederick.va.us
MEMORANDUM
TO: Michael T. Ruddy, AICP
Deputy Planning Director
FROM: Roderick B. Williams R9W
County Attorney
DATE: September 29, 2008
RE: Botanical Square — Proffer Statement Review
I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that
the Proffer Statement would be in a form to meet the requirements of the Frederick County
Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer
statement, subject to the following:
Rezoning Application (re TM#53-A-76) — The Application needs to reflect the interest of
Robert B. Johnson in TM#53-A-76 and include a power of attorney or signature on his behalf.
Specifically, the deed at Deed Book 586, Page 878 shows a conveyance to Robert B. Johnson
and Nancy R. Johnson, as tenants by the entireties, and the applicant provides no evidence of any
subsequent disposition by Mr. Johnson.
Rezoning Application (re TM#53-A-77) — The Application also does not adequately
reflect Nancy R. Johnson's acquisition of her interest in TM#53-A-77. Paul C. Renner and Clara
H. Renner appear to have been owners, per conveyance at Deed Book 573, Page 484, and Clara
H. Renner the sole heir of Paul C. Remier per the affidavit at Deed Book 969, Page 531, but the
only document referencing Nancy R. Johnson with respect to this property is a purported
qualification of her as executor, dated June 18, 2004, and referencing a will of Clara H. Renner
probated on June 28, 2000. My copy of the application materials does not include a copy of that
will, and related documents, to establish Nancy R. Joluison's ownership interest.
107 North Kent Street • Winchester, Virginia 22601
0
Michael T. Ruddy, AICP
September 29, 2008
Page 2
Rezoning Application (Powers of Attorney) — The Application does not include a power
of attorney authorizing Painter -Lewis, PLC to act on behalf of Omni Design Build, Inc. Also,
the powers of attorney that are presented authorize Painter -Lewis, PLC and not any of its agents
to act. This would not be a problem, except that the applicant signature does not indicate the
capacity in which such person is acting for Painter -Lewis, PLC. Until the Application addresses
these concerns, the applicant is the person who has signed as applicant and that person is acting
solely in his or her personal capacity.
Rezoning Application (nature of rezoning and item 9) — The Application itself fails to
state the type of zoning sought. Page 2 of the Proffer Statement indicates that the requested
zoning is B2. Item 9 does not state any square footages of proposed uses.
Proffers introductory paragraph — The reference to "owner" in the last sentence of the
paragraph should be plural.
Proffer 1 — For clarity, the beginning of the paragraph should state that the Applicant
agrees to proffer the Generalized Development Plan (GDP) dated 07/01/08, identified as
"Botanical Square/Route 50 West", and which is attached to the Proffer Statement.
Proffer 5 — The reference to the Frederick County Department of Planning and Zoning
should be to the Frederick County Department of Planning and Development. The Proffer states
that the trail will be owned and maintained by "the property owner", but the reference to the
owner should be plural and should clarify, in the event that the four parcels do not come under
common ownership, whether "the property owner[s]" refers to the owner(s) of TM#53-A-76 and
TM#53-A-77 or to any and all persons as may have an ownership interest in one or more of all
four of the subject parcels. Likewise, in the last sentence, the reference to "the property" should
clarify whether it refers to just TM#53-A-76 and TM#53-A-77 or to all four of the subject
parcels.
Proffer 6 — Some of the provisions of this Proffer may be open to significant
interpretation, including what "constructed using compatible architectural style and materials"
means and "[d]esign elements shall be compatible with Frederick County".
Proffer 8 — The second reference to square footage should be the same as the first
reference (36,000 square feet) and, following that second reference, the Proffer should reference
Peak Hourly Trips as well as AADT. The Proffer would allow the Traffic Impact Analysis that
would be used to support an increase in building square footage to be prepared by a consultant of
the Applicant's choosing. As for the second sentence, it is unclear in the context of the Proffer.
The requested rezoning is to B2. Therefore, the area to be built would automatically be
0
Michael T. Ruddy, AICP
September 29, 2008
Page 3
commercial and any determination through the site plan review process of the size of that area
may contradict with the limitations that the Proffer sets forth in the first sentence.
Closing paragraph — The reference to "owner" should be plural. In the second sentence,
"grant" should be "grants".
Relevant to the signature pages, the same concerns regarding ownership and signatures as
are applicable to the Application apply as well to the Proffer Statement.
I have not reviewed the substance of the proffers as to whether the proffers are suitable
and appropriate for this specific development, as my understanding is that that review will be
done by staff and the Planning Commission.
A.
E
0
SEP 2 4 2008
MEMORANDUM
TO: Michael T. Ruddy, AICP
Deputy Planning Director
FROM: Roderick B. Williams
County Attorney P4 �/
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-mail :
rwillia@co.frederick.va.us
DATE: September 23, 2008
RE: HHHunt Route 50 Assisted Living Facility — Revised Proffer Statement dated
September 5, 2008
I have reviewed the above -referenced Revised Proffer Statement, dated September 5,
2008, and the correspondence from Bowman Consulting, dated September 22, 2008. It is my
opinion that the Revised Proffer Statement is generally in a form to meet the requirements of the
Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as
a proffer statement, subject to the following:
Third paragraph & Proffer 3.2 — The Revised Proffer Statement should provide a specific
identification, other than what is shown on the GDP, of the precise portion of the Marathon
Bank/United Bank property (Parcel 53B-3-24) that is subject to the rezoning and the Revised
Proffer Statement. Also, throughout the Revised Proffer Statement, it may be best simply to
refer to the bank as "Marathon Bank/United Bank".
Proffer 3.2 — The Revised Proffer Statement does not explain that the referenced items in
Proffer 3.2 are on Ward Avenue. Likewise, the reference to "the southern boundary line of the
Property" should clarify that it is to the southern boundary line of the Marathon Bank/United
Bank property, as that is what appears to be intended. Seeing as how Marathon Bank/United
Bank has now joined as a party to the Revised Proffer Statement (which Marathon Bank/United
Bank has signed), the Revised Proffer Statement should state that Marathon Bank/United Bank
will grant or dedicate the referenced right-of-way, easements, and the like. Finally, the Revised
107 North Kent Street • Winchester, Virginia 22601
Michael T. Ruddy, AICP
September 23, 2008
Page 2
Proffer Statement should identify a specific time or event which triggers Marathon Bank/United
Bank's obligation to make the undertakings.
Proffer 3.3 — The Revised Proffer Statement currently contains two items numbered as
3.3. The second 3.3 should be changed to 3.4. In the first 3.3, the word "potential", used to
describe inter -parcel access, creates ambiguity as to whether the Applicant will in fact allow any
inter -parcel access.
The Application will need to be signed by all owners of all affected parcels and the
application materials need to include copies of any powers of attorney that have been used for
the Application and/or the Revised Proffer Statement. In this regard, I note that Mr. Cook has
now signed the Revised Proffer Statement for all persons other than Marathon Bank/United
Bank. Also, the jurat for Ms. Sharon Poe's signature still indicates that Mr. Lawson was signing
for her, but the signature appears to be that of Mr. Cook. Finally, the power of attorney for
Parcel 53B-3-25 will need to indicate the capacity (office/title) in which the person granting the
power for PHTH Properties, LLC is acting.
Along related lines, the Applicant will need to resolve the questions regarding the
ownership of Parcels 53-A-81 and 53-A-82. The only documentation that the Applicant has
produced so far are two deeds for Parcel 53-A-82 (the eight acre parcel), each conveying one -
quarter interests jointly to Ms. Funkhouser and Ms. Poe. This leaves unexplained the remaining
one-half interest in the parcel, as well as the entire interest in Parcel 53-A-81 (the one acre
parcel). Until all owners of all relevant parcels have executed the Rezoning Application, the
matter is not properly before the Commission or the Board. Furthermore, the Revised Proffer
Statement would not be binding as to owners of relevant parcels that do not execute it.
I have not reviewed the substance of the proffers as to whether the proffers are suitable
and appropriate for this specific development, as it is my understanding that that review will be
done by staff and the Planning Commission.
0 0
COUNTY of FREDER.ICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
TO: John Lewis
FROM: Michael T. Ruddy, AICP
Deputy Director
RE: Rezoning Comments — Omni Design Build, Route 50 West
DATE: June 27, 2008
The following points are offered regarding the Omni Design Build, Route 50 West
Commercial Rezoning application. Please consider them as you continue your work
preparing the application for submission to Frederick County.
Omni Design Build Route 50 West Commercial Rezoning — Rezoning Comments.
General.
Please provide a consolidated plat of rezoning which clearly identifies the boundaries of
the parcels for which the rezoning is being requested. A metes and bounds description
should be provided.
More detail needs to be provided regarding Echo Lane, its ownership, and the ability to
rezone, modify, expand upon, or dedicate the right -of --way. It would appear as though the
echo lane right-of-way is for the benefit of the adjacent property to the north. Access to
the neighboring property should be addressed further.
Please ensure that all review agency comments are fully addressed.
Land Use.
The property is located in the SWSA and is designated as an area of commercial land use,
adjacent to Route 50, by the Round Hill Land Use Plan. This commmercial request is
considered supportive of the land uses identified in the Comprehensive Plan with
particular care being taken to sensitively integrate the development of the site and the
corridor appearance along Route 50 and Botanical Drive.
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
Omni Design Build, Route 50 West Commercial Rezoning — Preliminary Rezoning
Comments
June 27, 2008
Page 2
Special consideration should be provided to ensure that the impacts to the adjacent
residential property are sensitively addressed with a careful approach to the design of the
north end of the site.
Particular effort should be made to provide for enhanced design of the project to facilitate
improved corridor appearance along Route 50. Landscaping, lighting, and building
layout and form should be carefully planned to ensure that this achieved.
Consider providing more design details, including the form of the layout of the site and
the building materials, which would implement the goal of developing an attractive
addition to the Round Hill area. Ideally, you would guarantee this would be how the site
would develop by incorporating into the proffer statement. Examples consistently used
in the current development in the corridor have included brick construction and in several
cases, standing seam metal green roofs.
It appears as though a 50 foot landscape buffer is being proposed, within which will be a
ten foot asphalt trail and new landscaping. It would be preferable to preserve areas of
mature trees and specific specimen trees within this area, and elsewhere on site, to
enhance the corridors appearance and minimize the impacts on this natural resource.
Impact Analysis.
The Development Impact Model recognizes impacts to Community facilities and
services. Please adjust your Impact Analysis accordingly. The development of this site
will have an impact on Fire and Rescue Services. However, it is recognized that
commercial uses generally provide a positive impact on conununity facilities through the
additional generation of tax revenue.
The Applicant has proposed a monetary contribution in the amount $5,000.00 for impacts
to fire and rescue services for the benefit of the Round Hill Fire and Rescue Company.
Please revise this language to direct the contribution to "Frederick County for Fire and
Rescue purposes". It is the County's Policy to allocate proffered contributions to the first
responding company.
The analysis of this site from the TIA perspective is not consistent with the most
intensive use of the property based upon the permitted uses within the B2 Zoning
District.
Transportation.
It is anticipated that additional right-of-way may be necessary along Route 50. A
mechanism should be considered which would enable any right-of-way necessary for
future improvements to be dedicated to the County. Future right-of-way dedication
should be based upon the road improvement plans as approved by VDOT and Frederick
County.
0
11
Omni Design Build,
Comments
June 27, 2008
Page 3
Route 50 West Commercial Rezoning — Preliminary Rezoning
Access management of Route 50 is a significant consideration. An additional entrance,
even a restricted movement entrance, in close proximity to the existing signals should be
avoided. The function of the existing signal at Route 50 and Botanical Drive should
continue to be enhanced. Access from Botanical Drive is preferred.
Please provide confirmation of the ability to utilize the entrance located on Botanical
Drive.
As stated previously, the analysis of this site from the TIA perspective is not consistent
with the most intensive use of the property based upon the permitted uses within the B2
Zoning District. In addition, the TIA identifies levels of surface that are less than that
which is the goal of the Comprehensive Plan; a level of service C or better. Without
further commitments in the Proffer Statement, the conclusions of the TIA are
questionable.
On recent rezonings, other projects have contributed additional funding for transportation
improvements in the general area of their requests. This has been done in recognition of
the need to address the broader transportation improvements in the developing areas of
the County in addition to the specific improvements they may be proposing. Such an
approach should be considered with this request.
Pedestrian accommodations should be provided in a coordinated manner internal to the
project, to the adjacent commercial properties, and along the Botanical Drive. This
should be addressed at this time.
Proffer Statement.
The Generalized Development Plan accompanying the Proffer Statement could be
enhanced to address some of the comments identified. It may be prudent to maintain
specificity on important elements such as the access, pedestrian accommodations,
building and site design, tree preservation, and buffering and landscaping. A date should
be provided for the GDP. The entrance on Route 50 should be removed based upon
previous connnents.
The County recently approved new signage regulations which would be applicable for the
development of this site. Therefore, proffer #7 may be unnecessary.
It would be preferable to state that the proffered value of Proffer #4, the value of a signal,
shall be the value of a signal at the time which the signal is deemed necessary by VDOT
or the County. This would ensure the value proffered is consistent with current costs at
the time the improvement is provided.
0 0
Omni Design Build, Route 50 West Commercial Rezoning — Preliminary Rezoning
Comments
June 27, 2008
Page 4
Other.
I would suggest an alternate approach to the buffer and landscaping proposed along the
frontage of the property. It would be desirable to ensure that the existing mature trees are
preserved to the greatest extent possible. Identified specimen trees should remain
undisturbed.
Consideration should be provided to establishing construction fencing around any
protected trees prior to any land disturbance to ensure that the protected trees are not
removed or damaged.
It may be desirable to promote the location of the commercial buildings, other than a car
wash, as close to the front setback as possible. This would also result in the location of
any parking areas to the side and rear of the commercial buildings. The relegation of the
parking areas would be considered as an enhancement to the appearance of the Route 50
corridor and the Botanical Drive corridor.
MTR/bad
• 0
•
Via'ginia.Depa-rtment of Trans,portatzon
Mail to:
Virginia Department of Transportation
Attn: Resident. Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5.6OQ
Hand deliver to:
Virginia.Departinent of 'Transportation
Attu Resident. Engineer
22-75 Northivestei7i Pile
W7 nchester,. Virginia 22603
Applicant. Please. fill otit the i:nforMation as accurately as possibie in order -to. assist the
Virginia Dcparttiicilt of Ttarisportat:ioii-Witli the Y• revio«,• Atfach t]wec._copies of your
a,ppticatiori form, location n;<ap; proffer stnteent; imliact analysis; and an3, other
pertinent. information,
Applicant's 'Nanie: 0111 n 1 VC S ('Q I-) BU ► Id 41 C Telephone: 5 40 - S - `t d C/ %
Mailing Address: c/0 PCM-tP-r- LCUUiS PLC - IVltr `John (,eWIS
3 1 q Cc,,c)air Ere, K' en-jrle. Suit tw
Location of property: _R(jV}c I1) l �G
Current zoning: R A" Zoning requested: B 2. Acreage: q, (D C1
Virginia Department of TnAnsportation Comments:
See attached email from VDOT to Painfer-Lpwi s, PTt�da 1 T„n�10 gp �
e ory T. Hoffman
VDOT Signature & Dat " _ an Development Supervisor 06/10/200
+�. For: Lloyd A. Ingram, Transportation
1�Fotie t DDT PIease Re rn.Form to Applicant
i8
C•
igine6r
i
Omni Design Build - Route 50, Frederick County - VDOT Comments to Rezoning
•
E
Page 1 of 2
John Lewis
• From:
Sent:
To:
office [office@painterlewis.com]
Tuesday, June 10, 2008 12:47 PM
'Jill Fries'; 'John Lewis'
Subject: FW: Omni Design Build - Route 50, Frederick County - VDOT Comments to Rezoning
Attachments: SCN_20080610121237_001.pdf
From: Funkhouser, Rhonda [mailto:Rhonda.Funkhouser@VDOT.Virginia.gov]
Sent: Tuesday, June 10, 2008 12:14 PM
To: Jill Fries; office@painterlewis.com
Cc: Eric Lawrence; Bishop, John A.; Hoffman, Gregory; Smith, Matthew, P.E.; Copp, Jerry
Subject: Omni Design Build - Route 50, Frederick County - VDOT Comments to Rezoning
The documentation within the application to rezone this property appears to have significant
measurable impact on Route 50. This route is the VDOT roadway which has been considered
as the access to the property referenced.
VDOT is not satisfied that the transportation proffers offered in the Omni Design Build
1: Rezoning Application dated May 1, 2008 addresses transportation concerns associated with
this request. VDOT has the following concerns/comments:
o Because of the high volume of traffic on Route 50 and for the safety of the
traveling public, VDOT does not recommend a right in/right out entrance along
Route 50. The proposed entrance is not included in the Frederick County Master
Development Plan.
o VDOT recommends a traffic signalization agreement for 100% funding of a traffic
signal at Botanical Boulevard. Signalization funding should be unrestricted to
allow for its use towards other transportation improvements along this corridor if a
signal is not warranted.
Before development, this office will require a complete set of construction plans detailing
entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation
Manual, Seventh Edition for review. VDOT reserves the right to comment on all right-of-way
needs, including right-of-way dedications, traffic signalization, and off -site roadway
improvements and drainage. Any work performed on the State's right-of-way must be
covered under a land use permit. This permit is issued by this office and requires an
( inspection fee and surety bond coverage.
• Thank you for allowing us the opportunity to comment.
6/10/2008
Omni Design Build - Route 50, Frederick County - VDOT Comments to Rezoning
9
is
Page 2 of 2
<<S C N_20080610121237_001. pd f>>
• Gregory T. Hoffman, Land Development Supervisor
Virginia Department of Transportation
Edinburg Residency — Land Development
2275 Northwestern Pike
C
C�
Winchester, VA 22603
Phone #(540) 535-1824
Fax #(540) 535-1846
No virus found in this incoming message.
Checked by AVG.
Version: 8.0.100 / Virus Database: 270.2.0/1494 - Release Date: 6/10/2008 7:22 AM
No virus found in this incoming message.
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6/10/2008
From:LIFESAFE 9
615/2008 10:10 #792 P.001/001
•
case
y
a Neill ft .t
@tea RVali d�et .:
Control number
RZ08-0002
Project Name
Omni Commercial Development
Address
817 Cedar Creek Grade Suite 120
Type Application
Rezoning
Current Zoning
RA
Automatic Sprinkler System
No
Other recommendation
Emergency Vehicle Access
Not Identified
Siamese Location
Not Identified
Emergency Vehicle Access Comments
Access Comments
Additional Comments
Plan approved as submitted.
Date received Dete reviewed Date Fevi �d
2/13/2008 e:' 5/2008
Applicant
Painte: L-- aOs. PLC
City S'at� Zip AppicaPhone
Winchester V,1 22601 540-66', 1.792
Tax ID Number Fire Dist ,:t Rescue District
53-A-74, etc. 15 15
Recommendation!;
Automatic Fire Alarm System
No
Requirements
Hydrant Location
Not Identified
Roadway/Aisleway Width
Not Identified
Election Di:stric
Gainesboro
Residential Sprinkler System
No
Fire Lane Required
No
Special Hazards
No
Plan Approval Recommended Reviewed By Sinnatu'e 4 J� 4�
Yes J. Neal u
rule ST• �....
0 0
COUNTY of F'REDERICK
Department of Public Works
540/665-5643
FAX: 540/ 678-0682
April 4, 2008
Mr. John Lewis P.E.
Painter - Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
United States of America
RE: Omni Design Build — Rezoning Application
Frederick County, Virginia
Dear John:
A review of the rezoning application and related impact analysis for the Omni Commercial
Development property revealed that the drainage narrative needs to be revised to reflect the as -built
conditions to the east and west of the project. As a matter of record, the stormwater management facility
constructed on the Wal-Mart property to the west was designed to attenuate runoff and compensate for
any downstream development north of Route 50. Likewise, the drainage system on the Valley Health
�• property located to the east of the subject property was designed to intercept and channel stormwater
flows across their property and under Route 50.
We recommend that the narrative and Exhibit 3 be revised to reflect the above conditions. We
also recommend that you review copies of the down gradient drainage system design to insure that they
have been adequately sized to accommodate storm flows from the Omni Commercial Development
property. Our recent site inspection revealed that four (4) drop inlets have been constructed on the west
side of Botanical Boulevard to intercept storm runoff from the Omni property. The grading around two
(2) of these appears to restrict flows into the inlets. The actual locations of these inlets should be shown
on Exhibit 2.
You are welcome to review copies of the approved plans and stormwater calculations that are
currently maintained in our record files.
Sincerely,
i
U
Harvey E. Staff snyder, Jr., P.E.
Director of Public Works
HES/rls
C�cc: plarming and development file
U:\rsargent\Rhonda\'I'EMPCOMMCNTS\OMNID> SIGNIILDREZCONLdoc
107 North Kent Street e Winchester, Virginia 22601-5000
0
0
•
Rezonin.g Comments
Frederick -Winchester- Service Authority
Mail to:
Fred-Winc Service Authority
Attn: Jesse '�V. Moffett, Executive Director
P.O. Box 43
WHicliester, Virginia 22604
(540) 722-3579
Hand deliver to:
Fred-Wiiic Service Authority
Attn: Jesse W. Moffett
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Fred -Wine Service Authority with their review. Attach a copy of your application form, loeatio
snap, proffer statement, impact analysis, and any other pertinent information.
Applicant's iNrame;0l,l'1V1t ���I(H1 �()( ��g 4�1G Telephone-qb ' q- - �O�/%
\Mailing Address; clD
��� f�y - iS Pr. Jo hn Le JA/CS
:h _ ter !A Q�Ql'
Location of properly: Ro� �20 Wtn4 o-� L� I I ! 1�� Y ; C•W uD'- I na0'-H -1
Current zoning:
Zoning requested:
Acreage:
Fred-1Vhic Ue- t ice Autl�oritg's CuAtl[tie.iis:
�n evlmrnen�y
Fred -Wine Service Allt►1 ri Y's
Signature &Date;
Notice to Fred -Wine Service Autlority - Please Return Form to Applicant
31
0
•
f
Rezoning Comments
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer
P.O. Box 1877
%Vinchester, Virginia 22604
(540) 868-1061
Hand deliver to:
Frederick County Sanitation Authority
Attn: Engineer
315 Tasker Road
Stephens. City, Virginia
Applicant: Please till out the information as accurately as possible in order to assist the
Sanitation Authority with their review, Attach a copy of your application form, location
map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name:06--),in'k DcS1GI1 BUS (&I ( t)c- Telephone: 54o - ySy - yycf )
Mailing Address: CID Pc i-�4/, - Leuj1`S PLC- - �I r. d0 1 %IS 7-6
�� 11 �'�C1Ci� C,f ec�11 G LzC�r SUS_{� 12-0'�r�" ,�-
C�
Location of property: �2Oct `7 I tl �S of IA
(/1Gh��
'/4 In wPS± lz60�- 5C) /,37 i 1�+jc-rr-tio bc4,-
Current zoning: "Zoning requested: 6Z- Acreage:
C•
Sanitation Authority Continents:
7-6
Sanitation Authority Signature & Date:
Notice to Sanitation Authority, - PIease Return This Form to the Applicant
23
0 •
•
Frederick--Wincliester Health Department 1� J
nax Z
Mail to: Hand deliver to:
Frederic]:-Witleliester Health Department Frederick -Winchester Health Department
Attn: Sanitation Engineer Attn: Sanitation Engineer
107 North Kent Street 107 North Kent Street
Winchester, Virginia 22601 Suite 201
(540) 722-3480 Winchester, Virginia.
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick -Winchester health Department with their review. Attach a cope of your
application form, location reap, proffer statement, impact analysis, and any other
pertinent information.
Applicant's Namc: C�i)'l D, DCSiQ 1 DJ s `,; � hC- Telephone; 5 I 1A5q - (�of
Maili ng Acid ress: ��o �CllhtUr- I,c'_yis PLC - tkr.John Lewis
li (kcidv Cral eiIrGcle Si)t e— (ZO
W t 110-Y 5 (-K,yA R a, U20 r
• Location of propert ,: Koch"- 50
1, ec 4 bF -khe
Current zoning: ►� Zonin_2 requested: rJ Z Acreage; ��
recicricl�-vVincl,ester Health yepartnient's (2ornments:
/,90 r,
A� Am 45 PO CILC -V-1—
' )-'),?q
5(wv-r ara 1;,Zrcll, Aylv
QXiJiOIAJis 61r 5
Or
CA%/1"
'>YVAr ✓}t vi, ��,� �c 1)C
c�F�<�n���✓iPC r APOrl;"�,�;,1..
c/lf�l nT e tG45 lC��; Gl On Cl✓� ,1 �r/�
I-iealth &Date:
a as
Dept. Signature
i
Notice to Hea•Ith Department - Plea: e Return This
Form to the Applicant
W -A
{DECEIVED FEB 13 2000
- �jDO,
•
•
Rez
rn e:n is
Frederick County Department of Parks & Recreation
Mail to:
Frederic]< County
Department of Parks & Recreation
107 North Kent Street
Winchester; Virginia 22601
(540) 665-5678
4 I'4
Nand deliver to:
Frederick County
Department of Parks & Recreation
County Administration Bldg.; 2nd Ploor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Department of Parks & Recreation with their review. Attach a. copy of your application
foi'n1, location map, proffer statement, impact analysis, and any other pertinent
Applicant's Name: U mn't D C S ('q n BU I IG( Vic Telephone: 5(-i0 -`fS c=LIO)_U
Mailing Address: �IatI1u_ r - Lf—ujis PLC — r1 lAI (S
1'' :� C�eIC��Ct►� �e.�. G rn c�i � Su��fe ► zt�
IAJ Ih1 C'h-05f (ffV-a VA X)_ e0 ( �
Locationofproperty: i:�Oji �)O W(f4 6Lviu-)C� L1 +r_r
li`-d I"A 1 1- ujCS�
Current zoning: RA
SC)
Zoning requested: 6 Z Acreage: q, 0 C
D epa rtale] it o1 P:::-t::: n✓ iZ L't',! �t�t!l��Z �,o!ii nlelAtJ:
The lnLaGph 7��ir�rle 1r�hrnilrl he incliidpd within
2n'wire—public eas-ement
with trail meeting -Frederick County specifications.
Trail maintenance sho6ld be
the responsibility of the owner and proper sign —age should
be provid-e-d.
Pks. & Rec. Signature & .Date:
Notice to Department o Pe Hcs & Recreation - Please Return
This Dorm to the Applicant
C
• 21
•
July 31, 2008
Mr. John Lewis
Painter — Lewis, P.L.C.
817 Cedar Creels Grade, Suite 120
Winchester, VA 22601
RE: Omni / Botanical Square Property Rezoning;
Tax Map # 53-A-74; 53-A-75; 53-A-76; 53-A-77
Zoning District: Proposed B2, currently RA
Dear Mr. Lewis:
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
Upon review of the proposed rezoning, it appears that the proposal does not significantly impact
historic resources and it is not necessary to schedule a formal review of the rezoning application
by the HRAB. According to the Rural Landmarks Survey, there are no significant historic
structures located on the properties nor are there any possible historic districts in the vicinity. It
(,\• was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley
does not identify a core battlefield within this area.
Thank you for the chance to comment on this application. Please call if you have any questions
or concerns.
Sincerely,
Amber Powers
Planner I
ALP/bad
Planner I
ALP/bad
cc: Rhoda Kriz, HRAB Chairman
107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000
0
0
�J
C.
•
Rezoning Comments
Mail to:
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
Winchester. Virginia 22602
(540) 662-2422
Winchester Regional Airport
Hand deliver to:
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
(Rt. 645, off of Rt. 522 South)
Winchester, Virginia
Applicant: Please frill out the information as accurately as possible in order to assist the
Ninchester Regional Airport with their review. Attach a copy of your- application form,
location map, proffer statement, impact analysis, and any other- pertinent information.
Applicant'stiTame: Ow
�e��iQn ,"60k ��� Vic, • Telephone:'5y0-LISg•- y0�j
IMailing Address: '--/0 Pei t ioL6it- ' (,e.Ui IS PL( - I�j(%. Joha te-t,)-)i-5
V
Location of property: �0 U+c_
o&u 56 /3
Current zoning: RA- Zoning requested: 132 Acreage: C
'OVineltester Regional Airport's Comments:
Winchester Regional Airport's
Signature & Date:�(��'r,�. -=�I-Ld b S
Notice to Winchester Regional Airport - Please Return Form to Applicant
C• 28
'7tSERVINGTHE
�o WINCHESTER REGIONAL AIRPORT
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
�(540) 662-2422
February 15, 2008
John Lewis
Painter -Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
Re: Rezoning Comments
Omni Commercial Development
Route 50 West
Gainesboro Magisterial District
Dear Mr. Lewis:
The proposed rezoning request for the referenced property lies outside of the
Part 77 surfaces of the Winchester Regional Airport therefore proposed uses
under the rezoning request should have no impact on airside operations of the
Winchester Regional Airport.
•
Thank you for providing us the opportunity to review these plans and for
supporting the operations of the Winchester Regional Airport.
Sincerely,
Serena R. Manuel
Executive Director
0 •
10
C9
Superintendent of Frederick County Public Schools
I73A
Mail to:
Frederick County Public Schools
Attn: Superintendent
P.O. Box 3508
Winchester, Virginia 22604
(540) 662-3888
Hand deliver to:
Frederick County Public Schools
Attn: Superintendent
School Administration Building
1415 Amherst Street
Winchester, Virginia.
Applicant: Please fill out the information as accurately as possible in order to assist the
Superintendent of Public Schools \a-,ith his revie«v. Attach a copy of your application form,
location map, proffer statement, iinpact.amdysis, and any Other pertinent information.
Applicant's Name: Q m r) l Dc S (q 1') (.3o ! dol I n C Telephone: LJU �(-7
i
Mailing Address:
�G411'1/�7C' (t - I S P�,�.
13
Locationofproperty:
R(nu` t-- 56 LUCSt
dT
+[je- RiC
50 � 31
lY)- eCnclan�jf
Current Zoning: 12A
Zoning requested: B2— Acreage: T
Superintendent Of Public 01C>iI0018, €,oIlinnents:
C,C/tJ- D"�-1-��� VLo '�,cyvi✓ti'�Q�I,;�C�.
Superintendent's Signature &Date: / - 3�(C;�' — 'Z YZ t^6C 6G ~ al.1
Notice to ,School ,Superintendent - Please Return This Form to the Applicant
22
•
IMPACT ANALYSIS STATEMENT
BOTANICAL SQUARE
ROUTE 50 WEST
Omni Design Build, Inc.
Gainesboro Magisterial District
- - Frederick County, Virginia
July 11, 2008
0,
Prepared for: Mr. Wendell Johnson
Omni Design/Build, Inc.
20288 Blueridge Mountain Road
Paris, VA 20130
Prepared by: PAINTER-LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
Tel.: (540)662-5792
email: office@painterlewis.com
Job Number: 0612010
0-
IMPACT ANALYSISWATEMENT
•
Botanical Square — Route 50 West
IMPACT ANALYSIS STATEMENT
TABLE OF CONTENTS
i.
INTRODUCTION
3
A.
SITE SUITABILITY
3
B.
SURROUNDING PROPERTIES
5
C.
TRAFFIC
6
D.
SEWAGE CONVEYANCE AND TREATMENT
6
E.
WATER SUPPLY
6
F.
DRAINAGE
6
G.
SOLID WASTE DISPOSAL FACILITIES
6
H.
HISTORIC SITES AND STRUCTURES
7
I.
COMMUNITY FACILITIES
7
J.
LOT CONSOLIDATION
8
page 2
IMPACT ANALYSIS*ATEMENT
Botanical Square — Route 50 West
• i.INTRODUCTION
Omni Design Build, Inc. (the applicant) proposes to rezone four parcels of land located
at the intersection of Route 50 and Botanical Boulevard in Frederick County, Virginia.
The parcels (the site) are currently zoned RA (Rural Areas District) and are identified by
the following Tax Identification Numbers:
Tax Map No.
Area (acres)
Ex. Zoning
Pr. Zoning
53-A-74
1.306
RA
B2
53-A-75
1.00
RA
B2
53-A-76
1.00
RA
B2
53-A-77
0.84
RA
B2
Total
4.15
The applicant is requesting to rezone the property from RA, Rural Areas District to B2,
Business General District. The total area of the request is approximately 4.15 acres.
Please refer to Exhibit 1 on the following page. The intended purpose of the rezoning is
to enable the applicant to develop the site for commercial purposes.
A. SITE SUITABILITY
The Frederick County Comprehensive Plan shows that the area containing the site is
within Phase I of the Round Hill Rural Community Land Use Plan area. Phase 1
contains approximately 110 acres and is bounded on the east by Route 37. Route 50
divides the Phase 1 area. A portion of the area was rezoned to B2 in 2002 under the
name "Winchester Medical Center II". Since that rezoning, a Marriott Suites and the first
phase of the major collector road known as Botanical Boulevard has been constructed.
Immediately to the west of the site is land which was rezoned to B2 in 2003 under the
name "Round Hill Crossing". Since that rezoning, a Wal-Mart and a network of access
roads have been constructed along with several smaller, commercial projects.
Significant improvements to Route 50 and the Route 37 access ramps have occurred in
association with these two rezoning and development projects.
The Frederick County Comprehensive Plan states that Phase 1 calls for the
establishment of a business/office area. The existing businesses in the immediate area
would suggest that the timing for the proposed rezoning of the site to commercial use is
appropriate. Please refer to the aerial photo contained in Section 2. The aerial photo
shows the Wal-Mart, Marriott, and Botanical Boulevard. Since the date that photo was
taken, other commercial development has occurred in the Route 50 corridor. Along the
western boundary of the site current development contains several lots containing
restaurants and financial institutions generally in the form of branch banks. To the east
of the site, a Marriott Suites motel has been built and at least two commercial outlots
have been created. The initial 1000 feet or so of Botanical Boulevard, a future major
collector road, has been constructed along the eastern boundary of the site. Botanical
Boulevard is currently not a public roadway. It is owned and maintained by the
Winchester Medical Center. According to the "Winchester Medical Center II" rezoning
page 3
lb %
IMPACT ANALYSIS bTATEMENT
Botanical Square — Route 50 West
• and Master Development Plan documents, Botanical Boulevard will be contained within
an 85' right-of-way and will eventually be dedicated for public use and maintained by the
Virginia Department of Transportation. Access to the site from Botanical Boulevard is
noted as reserved on the Master Development Plan. The applicant is in negotiations
with Winchester Medical Center for permission to access the site from Botanical
Boulevard. Sound planning policy will limit the number of points of access along Route
50 due to the high volume of traffic and number of lanes. The applicant intends to
develop the site using Botanical Boulevard as the main point of access. The intersection
of Route 50 and Botanical Boulevard is currently signalized. Access to and from
Botanical Boulevard will eliminate the need to have full access to and from Route 50 to
the site.
The site boundaries narrow in the northern direction where there is a residential lot
situated between the site and a future minor collector road (Petticoat Gap Lane). Buffers
and screening will be provided along the northern boundary of the site to protect the
adjacent residential use. The southern boundary of the site abuts the Route 50 right-of-
way. The site has approximately 400 feet of frontage along Route 50. Across Route 50
is the Marathon Bank site zoned B2 and a parcel containing approximately 8 acres of
undeveloped land zoned RA.
The Round Hill Rural Community Land Use Plan contains general design principles that
the applicant will incorporate into the development plans for the site. Free-standing
signs for each development will be limited to 50 square feet of display area with a
maximum height of 12 feet. The number of commercial entrances to the site will be
limited to one full movement entrance from the public rights -of -way. Parking areas
between Route 50 and future site buildings will be limited. A 50 foot landscaped area
will be created parallel to the Route 50 right-of-way. The landscaped area will contain a
10 foot wide, asphalt bike trail. Existing trees within the landscaped area will be
preserved to the extent practicable. The applicant agrees to proffer a Generalized
Development Plan to address these design principles. Please refer to the Proffer
Statement in Section 8.
As a means to illustrate the commercial development potential for the site, a conceptual
plan has been prepared. Please refer to Exhibit 2 on the following page. The plan
shows some possible uses for the site including retail space, office space, and an
automatic car wash. Building areas were assigned to each use in order to determine
required parking as well as to estimate vehicle trip generation numbers used in the
Traffic Impact Analysis.
100 YEAR FLOOD PLAIN
FIRM Community Panel Number 510063 0115 B shows the subject area to be outside
of any flood hazard zone.
WETLANDS
No wetlands have been identified on the site.
page 4
4 %
IMPACT ANALYSIS ATEMENT
Botanical Square — Route 50 West
• STEEP SLOPES
0
The property is gently sloping from the northern side of the site in a southeasterly
direction. There are no steep slopes on this site as defined by the Frederick County
Zoning Ordinance.
MATURE WOODLANDS
There are no mature woodlands located on this site. Existing vegetation is of the type
that is typically associated with residential development in rural areas.
SOILS
According to the Soil Survey of Frederick County, the site contains the following soil
type: Fred erick-Poplimento Loams: 14B (2-7%). These soils are part of the Frederick-
Poplimento-Oaklet association which are gently sloping to very steep, very deep, well -
drained soils formed in material weathered from limestone. Depth to bedrock is
approximately 60 inches or greater. The unified soil classifications for the soils are: GM,
GC, ML, CL, CH, and SC.
B. SURROUNDING PROPERTIES
The parcels to be rezoned are currently bordered to the south by the Rt. 50 west bound
lanes. The parcels directly across the highway from the subject parcels are zoned B2
and RA. To the west is the Wal-Mart Supercenter shopping complex which is zoned B2.
The subject parcels are bordered on the east by TM# 53- A-68 which is owned by the
Winchester Medical Center. The adjoining parcel to the north is zoned RA and is used
for residential purposes. Surrounding properties are shown on Exhibit 1.
Tax Map No.
Owner
Ex. Zoning
Ex. Use
52-A-L
FIRST BANK
B2
Commercial
52-A-M
COMMONWEALTH GROUP WINCHESTER
B2
Vacant
53-A-73
HUFFMAN PAGE F. & ELVA
RA
Residential
53-A-68
WINCHESTER MEDICAL CENTER INC
B2
Vacant
5313-3-5
THE MARATHON BANK
B2
Commercial
53-A-82
FUNKHOUSER DARLA POE
RA
Residential
53-A-81
FUNKHOUSER DARLA POE
RA
Vacant
Access to the Huffman parcel is currently via Echo Lane. Echo Lane is a private access
road which intersects Route 50. Access to the Huffman parcel will be maintained during
and after the development of the site for the benefit of the parcel owners. Screening and
buffering as required by the Frederick County Zoning Ordinance will be provided against
the Huffman parcel. Interparcel access to the B2 land along the western property line
will likely not occur due to the existing, severe elevation differences.
page 5
•
4 %
IMPACT ANALYSIS S ATEMENT
Botanical Square — Route 50 West
C. TRAFFIC
A Traffic Impact Analysis is contained in Section 7.
D. SEWAGE CONVEYANCE AND TREATMENT
This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to
connect to the public sanitary sewer system. It will be the responsibility of the developer
to extend service to this parcel.
E. WATER SUPPLY
This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to
connect to the public sanitary sewer system. It will be the responsibility of the developer
to extend service to this parcel.
F. DRAINAGE
The site is generally sloping from the north to the south-southeast. Surface water
crosses the site and collects along the west bound lane of Route 50 on the eastern
portion of the site. It collects in the existing stormwater system along Route 50 and
moves east along the Route 50 right-of-way, under Route 37, and eventually discharges
to Abrams Creek.
Any development on this site can be expected to increase storm water runoff. Storm
water management facilities will be constructed as required as part of the development
of the site to provide peak runoff attenuation as well as nutrient and sediment removal.
The storm water detention facility which was constructed on the Wal-Mart property to
the west was designed to attenuate runoff and compensate for any downstream
development north of Route 50. The drainage system on the Valley Health property
located to the east of the site was designed to intercept and channel stormwater flows
across their property and under Route 50. Drainage patterns and topographic
information is contained on Exhibit 3 on the following page.
G. SOLID WASTE DISPOSAL FACILITIES
The nearest citizens' trash convenience facility is located on Route 522 north of the site
near its intersection with Indian Hollow Road approximately 2 miles north of the subject
parcel. In general, the collection of solid waste from the proposed commercial
development will be accomplished by a private hauler. It is estimated that the
development will generate approximately 100 pounds of solid waste per acre per day
page 6
IMPACT ANALYSIS ATEMENT
Botanical Square — Route 50 West
that will be transported to the landfill. Tipping fees are currently $45 per ton for
commercial haulers. No additional solid waste disposal facilities will be required for the
proposed development. It is estimated that $3,375 in tipping fees will be paid to dispose
of 75 tons of solid waste annually.
H. HISTORIC SITES AND STRUCTURES
The site contains no known historic sites or structures as listed on the Virginia
Landmarks Register and the National Register. There are nine identified historic sites,
one being a potentially significant site, shown in the Frederick County Rural Landmarks
Survey that lie within a mile of the site. The potentially significant site is Walnut Grove.
The remaining identified sites include Willow Grove, Jacob Baker House, Linden, the
Old Hoover Place, Folk Victorian Farmhouse on Route 50, a Farmhouse on Route 50,
the Baker Orchard House, and an unnamed identified site. The Old Hoover Place and
the Folk Victorian Farmhouse have apparently been razed. The location and proximity
to the subject parcel can be seen in Exhibit 4 on the following page.
The subject property is not located in an area considered to be a historic Civil War
battlefield region by the NPS Shenandoah Valley Civil War Sites Study. A copy of the
Civil War Battlefields and Sites map has been included following Exhibit 4.
Nevertheless, this general area was peripherally involved in at least the Second Battle
of Winchester, if not other battles. To the southeast of the site is Bowers Hill and to the
northeast is Fort Milroy. Early in the Second Battle, Bowers Hill was vacated by the
Union General Milroy upon his decision to retreat into West Fort, Star Fort, and Fort
Milroy. It was from the high view of Bowers Hill that the Confederate generals, including
Ewell and Early, made their plans to attack the Union forces. The plan involved
swinging infantry to the south of the subject property to a position west of Fort Milroy.
The gently rolling land just north of the subject property provided the path for the
Confederate forces to attack Fort Milroy.
I. COMMUNITY FACILITIES
DEVELOPMENTAL IMPACT MODEL
The new Developmental Impact Model (D.I.M.) is utilized primarily for residential
rezoning requests. It is anticipated that the capital facility impacts of commercial and
industrial rezoning request are ultimately fiscally positive to the County by policy.
Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning.
EMERGENCY SERVICES
Police protection is provided by the Frederick County Sheriff's Department. The nearest
fire and rescue facility is the Round Hill Community Fire Company located on
page 7
• s
ii CIVIL WAR SITES
---------- - Civil War Battlelds and Sites
Frederick County Plonning E DevelopnPnt
Winchester, Virg -No — -- — I (As Defined by the NPS Shenandoah Valley Civil War Sites Study)
12-10-97
IMPA
CT ANALYSIATEMENT
Botanical Square — Route 50 West
• Northwestern Grade in Frederick County. No additional fire and rescue facilities will be
required for the area proposed to be rezoned. The Frederick County Capital Facilities
Impact Model calculates that there will not be any projected capital cost for emergency
service facilities attributable to this development. The owner recognizes the importance
of emergency services, and proposes to proffer a monetary contribution to the local
emergency responder. See the attached Proffer Statement.
J. LOT CONSOLIDATION
Exhibit 5 on the following page shows the total site proposed for rezoning in a
consolidated form. Consolidation will eliminate interior lot lines. An access easement will
be created to preserve access to the adjacent parcels.
•
01
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•
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149.04'-L L-271.59' MI�OWO
PAINTER-LEWIS, P.L.C.
=� 817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
Telephone (540)662-5792
CONSULTING Facsimile (540)662-5793
ENGINEERS Email office@painterlewis.com
BOTANICAL SQUARE
FREDERICK COUNTY. VA
LOT CONSOLIDATION EXHIBIT
SCALE: DATE: EXHIBR S
1 "=100.0' 7/01 /08
T
7
0
TRAFFIC IMPACT ANALYSIS
Turner -Johnson Property
US 50
FREDERICK COUNTY
VIRGINIA
PREPARED FOR:
Omni Design/Build Inc.
22088 Blue Ridge Mountain Road
Paris, VA 20130
(540) 592-7112
PREPARED BY:
HDR Engineering, Inc.
333 Penco Road, 3rd Floor
Weirton, WV 26062-3828
(304) 748-8740
April 2008
0 0
Turner -Johnson Property
Traffic Impact Analysis
Conclusions and Recommendations
This traffic impact analysis was prepared to identify potential traffic impacts resulting from the
construction of the Turner -Johnson property, a multi -use development. The property is
approximately 5 acres and is located along US 50 (Northwestern Avenue) just west of the
Route 37 interchange. At this time, the development is proposed to include a car wash (2 self -
serve bays plus an automatic car wash), general office space (8,000 SF), retail (8,000 SF), and a
restaurant (8,000 SF). The property will be accessed via Botanical Drive and US 50 through a
right-in/right-out driveway. It is anticipated that the construction will be completed in 2010.
During the analyses for the 2008 existing scenario, it was identified that the Route 37 SB Off -
ramp right -turn movement is over capacitated. The existing volumes for this movement are
225 vph, 496 vph, and 352 vph for the AM, PM, and Saturday peak hour, respectively. It is
recommended that VDOT consider modifying the pavement markings on this ramp to a shared
left-thru-right lane and exclusive right -turn lane. In addition, if dual right -turns are provided, no
right turns on red should be permitted.
The site is anticipated to generate 529 vph during the AM peak hour, 528 vph during the PM
peak hour, and 722 vph during the Saturday peak hour. The daily traffic is anticipated to be
approximately 5,750 vpd. These projections are based on using Land Use 934 — Fast -Food
Restaurant instead of Land Use 932 — High -Turnover Sit -Down Restaurant. Because the Turner -
Johnson property owner is anticipating a sit-down style restaurant, the trips generated may be
over -estimated by using Land Use 934.
Based on the analyses, the following items are recommended to enhance the traffic flow as a
result of the construction of the Turner -Johnson property:
• Retime the traffic signals to enhance the flow along the US 50 corridor.
• Construct a US 50 WB right -turn deceleration lane at I/S #4. The turn -lane length is
to be determined as per VDOT requirements as this project progresses and more
detailed design is performed.
23
e
Tuf•ner-Johnson Propoty
Traffic Impact Analysis
• Extend the US 50 EB left -turn lane to accommodate anticipated queue length. Based
on the analyses, the 951h percentile queue length is expected to be 529', 166', and
393', for the 2010 Build AM, PM, and Saturday peak hours respectively.
Finally, the analyses for the 2016 Build scenarios indicated that many movements are expected
to operate poorly. The significant reduction in operations can be attributed to the full build -out
of the WWW and VHS/Degrange Properties. By 2016, these two developments are anticipated
to add an additional 1,800 to 3,000 trips during the peak hours along US 50 in addition to the
trips previously added to the network for the 2010 scenarios. It is recommended that alternative
routes to access these large-scale developments be pursued. As noted in the VHS/Degrange TIA,
a long-term alternative to alleviate congestion along US 50 in this area may be to provide
additional access points to either US Route 522 to the north or Route 37 to the east.
24
0 0
c
Figure 6
2008 Existing Levels of Service
LA
z0
Legend:
X (X) [X] - AM (PM) [SAT] Levels of Service
Rt. 37 NB On -Ramp
Rt. 37 SB Off -Ramp
Botanical Blvd.
E (E) [E]
E (E) [E]
D(E)[-]—y
F (D) [D]
D (E) [D]
D (EI [D]
O u
y m
� m
LOS = D (C) [C]
Rt. 37 NB Off -Ramp
LOS = C (D) [C]
Rt. 37 SB On -Ramp
.15 #1:
LOS = B (B) [B]
Ward Ave.
2010 No -Build Levels of Service
=0
Legend:
X (X) [X] - AM (PM) [SAT] Levels of Service
Rt. 37 NB On -Ramp
Rt. 37 SB Off -Ramp
VHS/Degrange Driveway
Botanical Blvd.
Note:
- VHS/Degrange Driveway cannot be
analyzed by the HCM method
Ln
Ln
F (D) [D]
D (E) [D]
D (E) [D]
TI-41 T T
I
w a
D (D) [D]
Q m Iw
E (E) [E]
E (E) [E]
I
t t
E (E) [E]
EE m
D (D) [D]
m m
w m Q
LOS = D (C) [C]
Rt. 37 NB Off -Ramp
LOS = C (D) [C]
Rt. 37 SB On -Ramp
LOS = B (B) [B]
Ward Ave.
Firnure 0
2010 Build Levels or Service
cm
E,
z .0
Legend:
X (X) [X] - AM (PM) [SAT] Levels of Service
Rt. 37 NB On -Ramp
Rt. 37 SB Off -Ramp
VHS/Degrange Driveway
o
A (A) [A]
Botanical Blvd. ,
m
m
a
Turner -Johnson Site
Notes:
VHS/Degrange Driveway cannot be
analyzed by the HCM method
I/S #4 cannot be analyzed by the
HCM method
F (D) [D]
D (E) [E]
m =
D (D) [D]
a IIIm IIIW
E (E) [E]
E (E
[E]
I
E (E
[E]
w m
D (D
[D]
V °°
W V Qp
LOS = D (0 [C]
Rt. 37 NB Off -Ramp
LOS = C (E) [D]
Rt. 37 SB On -Ramp
LOS = C (D) [C]
Ward Ave.
r
urP 9
2016 Build Levels of Service
=I
Legend:
X (X) [X] - AM (PM) [SAT] Levels of Service
Rt. 37 NB On -Ramp
Rt. 37 SB Off -Ramp
VHS/Degrange Driveway
4--
`� A (B) [A]
Botanical Blvd.
m
m
a
Turner -Johnson Site
Notes:
VHS/Degrange Driveway cannot be
analyzed by the HCM method
I/S #4 cannot be analyzed by the
HCM method
Cm
L,
Ln
V E (D) [D]
o C (F) [E]
m
o = D (D) [E]
o Iw E (E) [E]
E (F
[F]
t t
E (F
[F]
`J m
D (F
[E]
V g V
w V m
LOS = D (E) [C]
Rt. 37 NB Off -Ramp
LOS = D (F) [E]
Rt. 37 SB On -Ramp
LOS = D (F) [E]
Ward Ave.
It
0
TRAFFIC IMPACT ANALYSIS
Turner -Johnson Property
US 50
FREDERICK COUNTY
VIRGINIA
PREPARED FOR:
Omni Design/Build Inc.
22088 Blue Ridge Mountain Road
Paris, VA 20130
(540) 592-7112
PREPARED BY:
HDR Engineering, Inc.
333 Penco Road, 3rd Floor
Weirton, WV 26062-3828
(304) 748-8740
April 2008
0 0
Turner -Johnson Properly
Traffic Impact Analysis
Conclusions and Recommendations
This traffic impact analysis was prepared to identify potential traffic impacts resulting from the
construction of the Turner -Johnson property, a multi -use development. The property is
approximately 5 acres and is located along US 50 (Northwestern Avenue) just west of the
Route 37 interchange. At this time, the development is proposed to include a car wash (2 self -
serve bays plus an automatic car wash), general office space (8,000 SF), retail (8,000 SF), and a
restaurant (8,000 SF). The property will be accessed via Botanical Drive and US 50 through a
right-in/right-out driveway. It is anticipated that the construction will be completed in 2010.
During the analyses for the 2008 existing scenario, it was identified that the Route 37 SB Off -
ramp right -turn movement is over capacitated. The existing volumes for this movement are
225 vph, 496 vph, and 352 vph for the AM, PM, and Saturday peak hour, respectively. It is
recommended that VDOT consider modifying the pavement markings on this ramp to a shared
left-thru-right lane and exclusive right -turn lane. In addition, if dual right -turns are provided, no
right turns on red should be permitted.
The site is anticipated to generate 529 vph during the AM peak hour, 528 vph during the PM
peak hour, and 722 vph during the Saturday peak hour. The daily traffic is anticipated to be
approximately 5,750 vpd. These projections are based on using Land Use 934 — Fast -Food
Restaurant instead of Land Use 932 — High -Turnover Sit -Down Restaurant. Because the Turner -
Johnson property owner is anticipating a sit-down style restaurant, the trips generated may be
over -estimated by using Land Use 934.
Based on the analyses, the following items are recommended to enhance the traffic flow as a
result of the construction of the Turner -Johnson property:
• Retime the traffic signals to enhance the flow along the US 50 corridor.
• Construct a US 50 WB right -turd deceleration lane at US #4. The turn -lane length: is
to be determined as per VDOT requirements as this project progresses and more
detailed design is performed.
23
Turner -Johnson PPOloty is
Traffic Impact Analysis
• Extend the US 50 EB left -turn lane to accommodate anticipated queue length. Based
on the analyses, the 951h percentile queue length is expected to be 529', 166', and
393', for the 2010 Build AM, PM, and Saturday peak hours respectively.
Finally, the analyses for the 2016 Build scenarios indicated that many movements are expected
to operate poorly. The significant reduction in operations can be attributed to the full build -out
of the WWW and VHS/Degrange Properties. By 2016, these two developments are anticipated
to add an additional 1,800 to 3,000 trips during the peak hours along US 50 in addition to the
trips previously added to the network for the 2010 scenarios. It is recommended that alternative
routes to access these large-scale developments be pursued. As noted in the VHS/Degrange TIA,
a long-term alternative to alleviate congestion along US 50 in this area may be to provide
additional access points to either US Route 522 to the north or Route 37 to the east.
24
•
0
I
Figure 6
2008 Existing Levels of Service
0
z .0
Legend:
X (X) [X] - AM (PM) [SAf] Levels of Service
Rt. 37 NB On -Ramp
Rt. 37 SB Off -Ramp
Botanical Blvd.
�- F (D) [D]
D (E) [D]
o a
V GO
p m
tt
m o
o
E (E) [E]
t t
E (E) [E]
w a
D(E)[]-,
W m a
W m a
LOS = D (C) [C]
Rt. 37 NB Off -Ramp
LOS = C (D) [C]
Rt. 37 SB On -Ramp
LOS = B (B) [B]
Ward Ave.
t
ire 7
2010 No -Build Levels of Service
d
Legend:
X (X) [X] - AM (PM) [SAT] Levels of Service
Rt. 37 NB On -Ramp
Rt. 37 SB Off -Ramp
VHS/Degrange Driveway
Botanical Blvd.
Note:
- VHS/Degrange Driveway cannot be
analyzed by the HCM method
F (D) [D]
D (E) [D]
1 � � ° (E) [D]
E (E) [E]
E (E) [E]
D (D) [D]
tt
a
W a
LOS = D (C) [C]
Rt. 37 NB Off -Ramp
LOS = C (D) [C]
Rt. 37 SB On -Ramp
LOS = B (B) [B]
Ward Ave.
H P
2010 Build Levels of Service
0
Legend:
X (X) [X] - AM (PM) [SAT] Levels of Service
Rt. 37 NB On -Ramp
Rt. 37 SB Off -Ramp
VHS/Degrange Driveway
o
A (A) [A]
Botanical Blvd
m
m
a
Turner -Johnson Site
Notes:
VHS/Degrange Driveway cannot be
analyzed by the HCM method
I/S #4 cannot be analyzed by the
HCM method
FE I L F (D) [DI
D (D) [D]
a m W E (E) [E]
E (E
[E] -�
E (E
[E]
D (D
[D]
V ✓'
W V m
LOS = D (C) [C]
Rt. 37 NB Off -Ramp
LOS = C (E) [D]
Rt. 37 SB On -Ramp
/S;#1
LOS = C (D) [C]
Ward Ave.
Egure 9
2016 Build Levels of Service
Ln
Legend:
X (X) [X] - AM (PM) [SAT] Levels of Service
Rt. 37 NB On -Ramp
Rt. 37 SB Off -Ramp
VHS/Degrange Driveway
4�— A (B) [A]
Botanical Blvd.
m
m
a
Turner -Johnson Site
Notes:
VHS/Degrange Driveway cannot be
analyzed by the HCM method
I/S #4 cannot be analyzed by the
HCM method
S✓ E (D) [D]
of �i C (F) [E]
E (C) [C] t t I
F (F) [F] ILE
V Q
D (D) [E]
VI Io W E (E) LEI
E (F [F] —t t
E (F [F]
D (F [E] V g
I.1J V OD
LOS = D (E) [C]
Rt. 37 NB Off -Ramp
LOS = D (F) [E]
Rt. 37 SB On -Ramp
LOS = D (F) [E]
Ward Ave.
0 s
OEP 2 4 2008
COUNTY OF FREDERICK
Roderick B. Williams
County Attorney
540/722-8383
Fax 540/667-0370
E-riiail:
rwillia@co.frederick.va.us
MEMORANDUM
TO: Michael T. Ruddy, AICP
Deputy Planning Director
FROM: Roderick B. Williams , /
County Attorney �/
DATE: September 23, 2008
RE: HHHunt Route 50 Assisted Living Facility — Revised Proffer Statement dated
September 5, 2008
I have reviewed the above -referenced Revised Proffer Statement, dated September 5,
2008, and the correspondence from Bowman Consulting, dated September 22, 2008. It is my
opinion that the Revised Proffer Statement is generally in a form to meet the requirements of the
Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as
a proffer statement, subject to the following:
Third paragraph & Proffer 3.2 — The Revised Proffer Statement should provide a specific
identification, other than what is shown on the GDP, of the precise portion of the Marathon
Bank/United Bank property (Parcel 5313-3-24) that is subject to the rezoning and the Revised
Proffer Statement. Also, throughout the Revised Proffer Statement, it may be best simply to
refer to the bank as "Marathon Bank/United Bank".
Proffer 3.2 — The Revised Proffer Statement does not explain that the referenced items in
Proffer 3.2 are on Ward Avenue. Likewise, the reference to "the southern boundary line of the
Property" should clarify that it is to the southern boundary line of the Marathon Bank/United
Bank property, as that is what appears to be intended. Seeing as how Marathon Bank/United
Bank has now joined as a party to the Revised Proffer Statement (which Marathon Bank/United
Bank has signed), the Revised Proffer Statement should state that Marathon Bank/United Bank
will grant or dedicate the referenced right-of-way, easements, and the like. Finally, the Revised
107 North Kent Street • Winchester, Virginia 22601
Michael T. Ruddy, AICP
September 23, 2008
Page 2
Proffer Statement should identify a specific time or event which triggers Marathon Bank/United
Bank's obligation to make the undertakings.
Proffer 3.3 — The Revised Proffer Statement currently contains two items numbered as
3.3. The second 3.3 should be changed to 3.4. In the first 3.3, the word "potential", used to
describe inter -parcel access, creates ambiguity as to whether the Applicant will in fact allow any
inter -parcel access.
The Application will need to be signed by all owners of all affected parcels and the
application materials need to include copies of any powers of attorney that have been used for
the Application and/or the Revised Proffer Statement. In this regard, I note that Mr. Cook has
now signed the Revised Proffer Statement for all persons other than Marathon Bank/United
Bank. Also, the jurat for Ms. Sharon Poe's signature still indicates that Mr. Lawson was signing
for her, but the signature appears to be that of Mr. Cook. Finally, the power of attorney for
Parcel 5313-3-25 will need to indicate the capacity (office/title) in which the person granting the
power for PHTH Properties, LLC is acting.
Along related lines, the Applicant will need to resolve the questions regarding the
ownership of Parcels 53-A-81 and 53-A-82. The only documentation that the Applicant has
produced so far are two deeds for Parcel 53-A-82 (the eight acre parcel), each conveying one -
quarter interests jointly to Ms. Funkhouser and Ms. Poe. This leaves unexplained the remaining
one-half interest in the parcel, as well as the entire interest in Parcel 53-A-81 (the one acre
parcel). Until all owners of all relevant parcels have executed the Rezoning Application, the
matter is not properly before the Commission or the Board. Furthermore, the Revised Proffer
Statement would not be binding as to owners of relevant parcels that do not execute it.
I have not reviewed the substance of the proffers as to whether the proffers are suitable
and appropriate for this specific development, as it is my understanding that that review will be
done by staff and the Plamling Commission.
Page 1 of I
Camra Database
T el ID Number
53 A 74
i. ird Number
0014311
Owners Name
TURNER CAROLYN R
Owners Name Continued
Owners Address
424 W CECIL ST
Owners Address Continued
WINCIIESTER VA
ZIP
22601
Acreage
1.25
Zoning
RA
Total Improvments
78400
Total Land Value
59000
Total Property Value
137400
Physical House Number
164
Physical Street Name
ECIIO LN
Deed Book Number
938
Deed Book Page Number
150
Instrument Year
0
Instrument Number
0
Building Sq Ft
1254.4
Month Last Sold
6
Day Last Sold
1
Year Last Sold
1999
Selling Price
0
al Description
1.25 ACRES
0 a
8K938PGb01 au
THIS DEED made and dated this 21" day of May, 1999, by and between
BERNARD L. TURNER and CAROLYN R. TURNER parties of the first part,
hereinafter called the Grantors, and CAROLYN R. TURNER, party of the second
c e o
part, hereinafter called the Grantee.
4) 0-P N o 19
WITNESSETH: That for and in consideration of the sum of Ten ($10.00)
Co q�n
rl
Dollars, cash in hand paid, and other good and valuable consideration, the receipt of
4 -- 7
which is hereby acknowledged, the Grantors do hereby grant and convey with general
0 aa) a
ro, ° m C
warranty of title unto the Grantee, in fee simple, absolute, all of that certain lot or
a,
(a roV +
parcel of land, together with all rights, rights of way, privileges and the appurtenances
ccron
Ca ✓1
a a +0 � 3 �
thereunto belonging, containing one (1) acre and forty-nine (49) square poles, more or
s
d4J % '
less, lying about two and one-half miles Northwest of Winchester in Gainesboro
rovroG J_ Z
E k ;J •1
G to o, r
Magisterial District, Frederick County, Virginia and more particularly described by the
N u u
r
a,> i
r w : 1,ee corded in thr Office.
s„rvey of C.G. Davis, Surveyor, which Is set luith in a � 3 recur o____e of10
G W
o o
the Clerk of the circuit Court of Frederic: County, Virginia in Deed Book 206 at
Q x o
Page 172 and being the same property conveyed to Bernard L. Turner and Carolyn R.
,GmroU
H U) " "
Turner by Deed dated November 15, 1978 from Leo G. Reid, et ux, of record in the
Clerk's office of the Circuit Court of Frederick County, Virginia in Deed Book 501 at
Page 461.
This conveyance is made subject to all rights of way and restrictions of
record affecting the subject property.
01 z
The Grantors hereby covenant that they have the right to convey to the
o
w x � N
Grantee; that the Grantee shall have quiet and peaceable possession of the said
°W�<
zP3lps
ZW '?a
2 3
r
m��
0
n
BK988PGO 15 i
property, free from all liens and encumbrances; and they will grant such further
assurances of title as may be requisite.
WITNESS the following signatures and seals.
�J (SEAL)
Wem-aar'YL. Turner
Carolyn urner
STATE OF VIRGINI A ,
CITY OF WIAICHESTER, TO -WIT:
1, t, a Notary Public in and for the State and
jurisdiction afo said, do hereby certify that Bernard L. Turner, whose name is signed
to the foregoing Deed, dated A,., -, / , 1999, have personally appeared
before me and acknowledged the se ame my Sta and jurisd'chon aforesaid.
Given under my band this �2May of 1999.
My Commission expires
� oN......
U '4� 50�
.0
of x NOTARY PUBLIC
CRY Pv 2
0
0
BK938PGO152
STATE OF FLORIDA,
OFTO-WIT:
I, a Notary Public in and for the State and
jurisdiction of resaid, do hereby " certify that Carolyn R. Turner, whose name is signed
to the foregoing Deed, dated /'f� a/ ,1999, have personally appeared
before me and acknowledged the same in my State and jurisdiction aforesaid.
Given under my hand this e2 / day of 1999.
My Commission expires Q '4 31 , .?,0 51/
_ ARY PUBLIC
10793CAMY unenuFotuasaant�raroyoII ,-'.;;rt ��j> rviViV,4�-
oNW
O F.
G
ZUTq��;Y ;P
VIRGINIA, FREDERICK COU= =.
This Instrument writing was produo d to a the
/_ day
of 19..Uat-
and with carttt ate 01 a.".1wledgmont tho4tdannexed
was Ilted to record. Tax Imposed by Sac. 59.1.802 o1
$ ., and 58.1-801 have boon pald,lf assessable.
4'e " Clerk
3
0 0
Page 1 of
Canua Database
P el ID Number
53 A 75
1. ird Number
0014312
Owners Name
JOHNSON NANCY RENNER
Owners Name Continued
Owners Address
2054 NORTHWESTERN PIKE
Owners Address Continued
WINCHESTER VA
ZIP
22603
Acreage
1
Zoning
RA
Total Improvments
0
Total Land Value
50000
Total Property Value
50000
Physical House Number
0
Physical Street Name
Deed Book Number
819
Deed Book Page Number
552
Instrument Year
0
Instrument Number
0
Building Sq Ft
0
Month Last Sold
5
Day Last Sold
11
Year Last Sold
1994
Selling Price
10000
1%- -i1 Description
1.00 ACRE
ne 1XJoh.e .0ao
JRLxgl
clols4
ucx. L n=K AHD MOM
e0552
THIS DEED made and dated this /otA day of May, 1994,
by and between CLARA H. RENNER, Widow, party of the first
part, hereinafter called the Grantor; and, NANCY RENNER
JOHNSON, party of the second part, hereinafter called the
Grantee.
WITNESSETH: That for and in consideration of the
sum of Ten Dollars ($1o.00), and other good and valuable
CaCL at'threceipt of Ghich is hereby acknowledged;
l:Gns1lon , e +-
the Grantor'does hereby grant and convey with general warranty
and English covenants of title, unto the Grantee, in fee
simple, all that certain lot or parcel of land, together with
all rights, rights of way and appurtenances thereto belonging
and improvements thereon, contianing 1 acre, more or less,
lying and being situate about one-half (1/2) mile West of
Winchester, in Gainesboro Magisterial District, Frederick
Viry^i..�a, and being the same property !.onveyed to Paul
C. Renner and Clara H. Renner, his wife, by deed dated April
13, 1979, of record in the Clerk's office of the Circuit Court
of Frederick County, Virginia; in Deed Book 507, Page 219, to
which reference is made for a more particular description and
derivation of title, the said Paul C. Renner having since
died.
This conveyance is made subject, however, to all
rights, rights of way and easements of record, if any,
1
LAMCK. UMICK AND BROWN
Aii,v w[wnub�A�lsry
Bic8I9eG0553
affecting the aforesaid property.
WITNESS the following signature and seal:
N (SEAL)
Clara H. RennE:r'
STATE OF VIRGINIA, AT —LARGE,
CITY OF WINCHESTER, tO—wit:
The foregoing instrument was acknowledged before me
this 10 day of May, 1994, by Clara H. Renner, Widow.
;<ly commission expires _ -MOL,r -itCJ jggy —
� aQ2.sw�
Notary Public
C-, v
yen- a cep
4 ..1 F✓s;
nnc
VIR�INlA: FRSDE RICK COUNT i� SCT.
Thl Insirumonl ! writing was 1, me on Tito
doy of
181od Um at�
and with corllllcalTpx Imposed by Suc� bS 1�rG92 0
was admiilod io record.
and 6a.i-801 have been pnld. II essessebla.
�v .n
2
Page 1 of
Cainra Database
P Pl ID Number
53 A 76
1. ird Number
0014313
Owners Name
JOHNSON ROBERT B.
Owners Name Continued
Owners Address
2054 NORTHWESTERN PIKE
Owners Address Continued
WINCHESTER VA.
ZIP
22603
Acreage
1
Zoning
RA
Total Improvments
123700
Total Land Value
71000
Total Property Value
194700
Physical House Number
2054
Physical Street Name
NORTHWESTERN PIKE
Deed Book Number
586
Deed Book Page Number
878
Instrument Year
0
Instrument Number
0
Building Sq Ft
1792
Month Last Sold
0
Day Last Sold
0
Year Last Sold
0
Selling Price
57000
%- -.1 Description
1.00 ACRE
CHARI.S J. REMiER, SR., ET ALS
TO: DMD
ROBERT B. JOHIiSON, ET UK
�cJ �J��
8K586PG��*$ _ •
THIS DEED made and dated this loth day of December,
1984, by and between CHARLES J.- RENNER, SR. - and HILDA RENNER,
his wifet ROT A. RENNER and EUNICE RENNER, his wifet WALTER E.
RENNER, Single, PAUL C. RENNER and CLARA H. RENNER, his wife,
of the one part, hereinafter called the Grantors, and ROBERT B.
JOHNSON and NANCY R. JOHNSON, his wife, of the other part, here-
inafter called the Grantees.
WITNESSETHz That for and in consideration of the sum
of Ten ($10.00) Dollars, and other good and valuable considera-
tion, receipt of which is hereby acknowledged, the Grantors do
hereby grant and convey with general warranty and English cove-
nants of title, unto the Grantees, jointly, as tenants by the
entirety, with the right of survivorship, as at common law, in
fee simple, all that certain tract or parcel of land, together
j.
with all rights, rights of way and appurtenances thereunto
belonging, lying and being situate just West of the City of
Winchester, in Gainesboro Magisterial District, Frederick County,
Virginia, fronting the Northern boundary lines of U. S. Route 50,
said parcel described as Lot A, containing 1.000 Acres, by plat
and survey of Lee A. Ebert, C. L. S., dated February 7, 1984, of
record in the 'Clerk's Office of the Circuit Court of Frederick
County, Virginia, in Deed Book 573,Pages 487 and 488,to which plat
1
reference is here made for a more particular description of the
Af,at:soet. r....eme
°iz+`7f1�
arevawrn. AT uw
wueo�vr.r. vn.on.
property herein conveyed and derivation of title.
i
l
Pej
u
879
A:t�caoo,:. Lhnaxcs I�
:t %�eucc
AYl'OtM.YO AT GO
BK58SPG879
This conveyance is made, however, subject to all
rights of way, easements and/or conditions of record, if any,
affecting the aforesaid property, including those shown on the
aforesaid plat.
WITNESS the followingignatures and seals:
1 ���Uj'✓ •�o ys J (STEAL)
Charles Renner, Sr.
�C? oG �( 1!- J (SEAL)
Hilda Renner
R.,4 /tlilyrLl".i/ (SEAL)
R_oyO : Renner
/r7-111u rQ. X it t4A (SEAL)
Eunice Renner
Ibl. ,P 611)1,1/I(if (SEAL)
Walter E. �Renner
Ul�it��(/1.•Y, sue.- (SEAL)
Paaul C. �Renner
l . /� �j p/ytiyt��?J (SEAL)
Clara H. Renner
STATE OF VIRGINIA, AT -LARGE,
COUNTS( OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me
this � day of December, 1984, by Charles J. Renner, Sr., and
Hilda Renner, his wife.
My commission expires _ �� \(t� ►(,r l9 `J
0
d f3 ,x Ye
Notary Public'
0
6 Lw/o[fcfC
Q.:_-Mq Ye 4� fAtl
�[YOftAT}i, �aUfM
1.
BK586Po880
STATE OF VIRGINIA, AT -LARGE, -
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me
this -t'R ,nday of December, 1984, by Roy A. Renner and Eunice
Renner, his wife.
My commission expires )1? Ic�� l�' 1n& '%
Notary Public
STATE OF VIRGINIA, AT -LARGE,
COUNTY OF FREDERICK, to -wit:
The foregoing instrument was acknowledged before me
this day of December, 1984,.by Walter E. Renner, Single.
r
My commission expires ria.- )o,
Notary Public
STATE OF VIRGINIA, AT -LARGE,
COUNTY OF FREDERICK, to -Witt .
The foregoing instrument was acknowledged before -me
this l� day of December, 1984, by Paul C. Renner and Clara H.
Renner, his wife.
My commission expires Y7CoarnbsloaEipha5apt11,198n
11RGINIA MMERICK COUNTY, SCr.
Tb�is instrument oLvriting was produoei io me on the
%nd with certificate of acknowledgment thereto annexed was
admitted to record. Tax imposed by Sea. 58e4.1 of
5,�7-ab , and 58.54 have been paid, 0 assemable.
Clock
X
�I�
[I]
0 0 Page I or I
Canna Database
P el ID Number
53 A 77
1. ird Number
0014314
Owners Name
JOHNSON NANCY RENNER
Owners Name Continued
Owners Address
2054 NORTHWE PIKE /I L}
Owners Address Continued
WINCHESTER VA
ZIP
22603
Acreage
0.84
Zoning
RA
Total Improvments
26900
Total Land Value
63500
Total Property Value
90400
Physical House Number
118
Physical Street Name
ECHO LN
Deed Book Number
Deed Book Page Number
0
Instrument Year
0
Instrument Number
0
Building Sq Ft
634
Month Last Sold
6
Day Last Sold
28
Year Last Sold
2000
Selling Price
0
l� zl Description
.84 ACRE
484
#964
CHARLES J. RENNER, SR., ET AL *�
TO: DEED
PAUL C. RENNER, ET UX
sit57.3sa484
THIS DEED made and dated this 77th day of rebruary,
1994, by and between CHARLES J. FEWER, SR., and HILDA RENNER,
his wifet RAY A. RENNER and ECNICI'+ FEWER, his wifey WALTER E.
RENNER, Singles and, PAUL C. RENNER and CLARA H. RENNER, his
wife, of the one part, hereinafter called the Grantors, and
PAUL C. RENNER and CLARA H. RENNER, his wife, of the other part,
hereinafter called the Grantees,
WITNESSETH3 That for and in consideration of the sum
of Tan ($10.00) Dollars, and other good and valuable considera-
tion, receipt of which is hereby acknowledged, the Grantors do
hereby grant and convey with general warranty and English cove-
nants of title, unto the Grantees, jointly, as tenants by the
entirety, with the right of survivorship, as at common law, in
fee simple, all that certain parcel or tract of land, together
with all rights, rights of way aM appurtenances thereunto
belonging, lying and being situate just West of the City of
Winchester, in Gainsaboro District, Frederick County, Virginia,
fronting the Northern Boundary Lines of U. S. Route 50, said
parcel described as Lot B on that certain plat and survey of
Lae A. Ebert, C.L.S., dated February 7, 1984, attached hereto
and as a part hereof, to which reference in here made for a
more particular description of the property herein conveyed
and derivation of title.
wxsanrsr. Laaasmc
k s.sama
�*frrr� AN 4.,
Mpwer.�, tr4rn4
G�
• e
I
A icxa x. S.&xwm
A Lwnaic,t
ex573PG485
This conveyance is made,however, subject to all
rights of way, easements and/or conditions of record, if any,
affecting the aforesaid property, including those on the plat.
WITNESS the following signatures and sealsi
4,! ? a (SEAL)
ar es nn r, Sr.--
Lf
(SEAL)
H da Renner
i i�w�
R/ ar� (SEAL)
Ray Renner
(SEAL)
Eunice Renner
Walter ;SEAL)
/�/J E .�jRenner
l,�fii�L� G 11La.�rtCi (SEAL)
Pau C. Renner
( SEAL)
Clara H. Renner
STATE OF VIRGINIA, AT -LARGE,
CITY/COUNTY OF fPEa�EKit�_ r tO-Wits
The foregoing instrument was acknowledged before me
this Z A day of 94za 1984, by Charles J. ,Re ner, Sr
•.
.jkl IOlil `�y
yJ ��..........+
and Hilda Renner, his wife. c� f •tia
My comminaion expires Aldfch 5; /Yc� nr oq rL
-a-
• � i
48.E — ------ -
wns,rw. Laa�cx
w LAwna:
f� 1T SAW
i
R'S73FG488
STATE OF VIR(;INM
CITY/COUNTY OF _R Kerr . to -wits
The foregoing instrument
was acknowledged bef r4p,- *
this 7t�. day of .
1984, by Ray A. RA'S'`'`:J
_1yi�!,
W
Eunice Renner, his wife.
_ i `.` 7ry,i
�'�O
My commission expires
i9►L �%� ? �% _:T
•.• y
54
Notary P c
STATE OF VIRGINIA# A,T-URGE,
CITY/COUNTY OF f!4 *o c •, tO-wit m
The foregoing inettument was acknowledged before me
this 2�i day of o41f4(,1K
, 1984, by Walter E. Renner,.
Single.
y4 Y�y�•,
My commission expires
�� •`�J'��s
r
Notary Pu
STATE - OF VIRGINIA, T-/LAR E,�'^
�`'•, N '
CITY/COUNTY OF RM v,_.
to-witt
!!lltllulu`„1
The foregoing instrument was acknowledged before me
this gu"'� day of �/)yL�
, 1984, by Paul CV•YR4'rner
and Clara H. Renner, his wife.
A C,
My commission expires
i.
*8b
Notary 3
- 9 -
9
• 487
C. L.. ROBINSON CORPORATION — D.B 560-R33
\/--IRON DIM IFOuRoI S40' 23' 1 1" W - 271 •83'
LANE OR %R/W
o- - - -- - --LOT-\g--- -
0. 8 44 �AC R ES
=� (0.500 ACRES) 1
� /r
►\63'3a Q
I
i
-SK573PG487 j
s
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d o a
• s *a,
N a
Z S41'0248' W 3 �►
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0
f s
d `ryDL� Li
gym.
APPROV ED
75.00 . ;
1 v 1
LOT A Nr
.1 O
<C4 1.000 ACRE Z
o '
as o; a
a
0 N
C`1 o
1N INLI'ILJILR' EKG UGI'tl \.n W.
HEALTH DEPT.
TRACT A ONLY f
1u.4
FREDERICK COUNTY
PLANNING DEPT. 211911
-T
ie
• a• of
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i\56 PN'
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N• Ana
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/Ni#W\ 02
ARA • •
8K573PG488
The Acc*mpsMing plat is A DIVISION SURVEY of the Resaining Portion of ;
the Land conveyed to Charles A. Renner by Deed dated 3 September 1930 in
Deed Hook 160 Page 398 and by Deed dated 21 September 1939 in Deed Book 179
Page 32 AND A COMPOSITE SURVEY OF THE WESTERN 0.500 ACRE PORTION OF THE
SAID LAND with the 0.344 Acre Lot conveyed to Paul C. Renner by Deed dated
17 February 1951 in Deed Book 218 Page 104. The s:id Land fronts the
Northern Boundary Lines of U. S. Route 50, just West of the City of
Winchester, and lies in Gainesboro District, Frederick County, Virginias
LOT "A' - 1.000 ACRESs Beginning at an iron pin in the Northern Boundary
Line (Arc Line) of Route 50. a corner to the DeGrange Land, running with
the Western Line of the said Land N 210 55' 18" E - 156.73 ft. to an iron
pin corner to the Renner Lot$ thence with the Southwestern Line of the
said Land N 590 37' 18" W - 128.94 ft. to a poet corner to Lot B$ thence
with the three following Lines of the said Land S 410 02' 48" W - 75.00 ft.
to a poet$ thence N 590 24. 07" W - 104.50 ft. to an iron pin{ thence
S 260 18, 02- W - 163.34 ft. to a V.D.H. Monument$ thence with the Arc Line
271.59 ft. (Chord S 770 02- 40" E - 271.21 ft.) to the beginning.
LOT "B" a 0.844 ACRESs Beginning at a V.D.H. Monument, a corner to Lot A,
running with the three following Lines of the said Land N 260 18'02" E -
163.34 ft. to an iron pin$ thence S 590 24' 07" E - 104.50 ft. to a post$
thence N 410 024 48" E - 75.00 ft. to a post in the Southwestern Line of
the Renner Lott thence with the said Line N 590 37- 18" W - 205.21 ft. to
an iron pin in the Southeastern Line of the Robinson Land$ thence with the
said Line 3 400 23' 11" W - 271.83 ft. to an iron pin (found) in the Highway
Boundary Line$ thence with the said Line S 710 48' 41" E
149.04 ft. to the beginning.
Also shown on the Plat is the Lane, or R/W, across ��}L7=:Cf
the Northwestern Portion of the Land,
d
Surveyed'- - February 7, 1984
LL A. E B E R T
IIMGDRA FREDEMCK COUNTY, 3CT.
'•.liU i*f{a'ilffifiIlt :..1 k:iuLy ".6fiL y:;,..::;.-�M1�I 7- "" :"3' w `rA ,•�'l
,].iLIYA-day of , 19_d4L at�_�"`/%J"D.'�r'
►ud with certificate of acknowledgment thbrato aaae"d .v,s
idmitted to record. Tax imposed by Sec. 3&.34.1 of
and 58-5,4 f have been paid, if a+w,swb.k
r
L
4
I
I
rt
R„
�`�."•; �reca�upa. va. Form No. 206-ltnvlwd—V. '. 950, Sea, 64.1•135
fo�q A F F I DAVIT
The Commonwealth of Virginia, 01(9 6 9 PG 0$ 3 I
% after first being duly sworn, deposed and maid as follows:
That,_......1...L?�1 __...departed this life on the.Y.-..-o.-.:_.-Keday of
19..2L1, intestate, seized and possessed ofthe
following real estate lying, being
and situate in the_.__.1�.�CtT_ _,!i•7 Virginia,
..7............... ............ .r.........._.............
................
..
-.._s.r......................................r4FR.?`.�#...��s`:£.17......
That, the si
following persons;
NAME
RELATIONSHIP
described as follows:
...............
................... _......
Bole heirs at law, the
ADDRESS
W-0
........................ _...-..............._..-.........................._.......................v�c�P d..
-T -••.-• �. �.� /w. departed this life on the __ � of
-1 /44ta . t! a?Y.._. 18-.�iT.3� Intestate, unmarried and without issue, and leaving as his/bar sole heirs
at law, the following:
NAME RELATIONSHIP ADDRESS
; and �r
That, by virtue of the Statute of Descent and Distributions,. �.//
y(. 9
--• -...-- _� is the true and lawful owner of the above described real estate; and
That; the above described real estate stands in the name
on the land books of the sold (� �f;and
That, the said_ �fla-r__/!_ :[j��,� _ desires that the said real estate be trans•
ferred, assessed and indexed in h4e/her nameas provided by Section 64.1-135 of the Code of Virginia.
,
That the Clerk of the__. %�G�! 7 .Court of
Virginia, record this instrument in his office and index the same as rovided y law, and also certify an
abstract of this affidavit to the Commissioner of Revenue of said_.._dl? _.in order that thesaid
" -�a real e e hereina ve de crtbod may be transferred on the Land Books in the n e
G['� p and assessed as provided by law. -
f _�• Ajjlant,
heir-- soaal Pproisentative�
BK 9 6 9 PG 0 5 3 2
'Commonwealth -of Virginia
to -wit:
do hereby certify that—
;ji2zl__ the affiant whose name is subscribed
-to the, foregoing of I I dav It, duly swore and made oath to the correctness and truth of the facts a ta led therein,
-before me in the said-_ -Commonwealth of Virginia,
Given under my hand, this._ 2S,Q ...-day of---
—ircuitCourt.
V IRGIN1,80 FREDERICK COUNTY, SCT
This instrument of writing was produccd to me On
le annexeddgementlhercto-a
and with cer�flfflcae of!ac=kn
was admitted to record. Tax imposed by Sec. 58180201
and 58.1-801 have been paid, if
Clelt
j
N
ra
C
VIRGINIA: IN THE CIRCUIT COURT OF THE FREDERICK COUNTY
IN RE: CLARA HAHN RENNER, Deceased
COURT FILE NO. 00-120
QUALIFICATION OF EXECUTOR
It appearing that the will of Clara Hahn Renner was duly
probated on June 28, 2000, and that further time was then allowed
for a qualification under the will should the need for such
arise; and it further appearing that there is now a necessity for
a qualification under the will; Nancy R. Johnson, the named
Executor, asked permission to qualify as Executor and such
permission was GRANTED.
The Executor then appeared, made oath as the law directs,
and entered into and acknowledged before the Clerk a bond in the
penalty of $3,000.00, without surety, the will requesting that
none be required. This bond, being payable and conditioned
according to law, is ORDERED to be recorded.
Certificate is GRANTED Nancy R. Johnson, the Executor, for
obtaining a probate of the will of Clara Hahn Renner, deceased,
in due form.
The statement of responsibilities required by Sec. 64.1-
122.1, Code of Virginia, was given to the Executor. The written
notice of probate referred to in Section 64.1-122.2, Code of
Virginia, is not required in this estate pursuant to Sec. 64.1-
122.2 (B) .
Clerk
Ju 18, 2 4
ViewDetail
Page I of 1
Real Estate Public Inquiry Ticket Detail
2008 REAL ESTATE TAXES
Department# : RE2008 Ticket #: 384230002' FRQ 2 Sup#: 0
Name: TURNER CAROLYN R Account#: 14311
Name 2: Mapth 53 A 74
Address: 424 W CECIL ST ? Description: 1 25 ACRES
WINCHESTER VA
_.... .
__..... _...
(22601
Bill Date: Due Date: 2008
20081205 121051
Laud: F $59 000
Original Bill:F$360 67
Penalty Paid:
Amount Owed:
Total O«red: F-.
Improve: F - $78,400 ° Use:
Payments: F '$360.67-"
360 67 Acres: 1.25
Int Paid:
Other:Last Date: 06/10/2008
Penalty: Interest: F
Note that if'payment has been received within the last 10 business days, any returned items may not be posted at this
time Please check the website a-ain.
Date
� Type
'I-ansaction #
Amount
Balance
12/5/2008
Charge
0
$360.67
$360.67
6/10/2008
Payment
6895
($360.67)
$0.00
1
Use the print key for your browser to print a co
New Search
o1 taxes paid for this yea. r -
Previous "'
littns://taxes.co.frederiek.va.us/Applications/RE PublicInquiry/ViewDetail.aspx 9/10/2008
ViewDetail
Page 1 or 1
Real Estate Public Inquiry Ticket Detail
2008 REAL ESTATE TAXES
Department# : RE2008. Ticket #: F_ 8 30002 FRQ:F Sup#: 6 1
Name: TURNER CAROLYN R ' Account#: 14311
Name 2: Map#: 53 A 74
Address. 424 W CECIL ST Description: 1 25 ACRES
WINCHESTER VA
22601
Bill Date. 20081205 Due Date: 12/05/2008
Land: $59,000
Im prove: $78 400 Use:
Original Bill: $360.67
Payments: $360.67-j Acres: 1.25,
„ �
Penalty Paid:F-
Amount Owed:F
Int Paid: � ,..�_.s
._ .-.. -� . _
�
Other: F Last Date: 06/10/2008:
Total Owed:, -.�
Penalty: ? Interest:
Note that if payment has been received within the last 10 business days, any returned items may not be posted at this
time Please check the website again.
bate
.type
Transaction 9
Amount
Balance
12/5/2008
Charge
0
$360.67
$360.67
6/10/2008
Payment
6895
($360.67)
$0.00
1
se tile print 'Key -Or your browser to print a copy of taxes Paid for this ye
New Search.
Previotas
htt-nS-//taxes.co.frederick.va.us/AUUlications/REPublichlquiiy/ViewDetail.aspx
9/10/2008
ViewDetail 0 is
Page 1 of 1
Real Estate Public Inquiry Ticket Detail
2008 REAL ESTATE TAXES
Departinent# : RE2008 Ticket #: 185790001 FRQ:F Sup#: 0
Name: JOHNSON ROBERT B. Account# 14313
__ ..__, _.. .._,.....�..._ __ _ _.. _... __.,_, a._
Name 2: Map##; 53 A 76
Address: 2054 NORTHWESTERN PIKE Description: 1.00 ACRE
WINCHESTER VA
.
Bill Date 20080695 Due Date: 06/05/2008
Land: F $71,000 Improve: $123 700 Use:
Original Bill: $511.09 Payments: $511 09,` Acres: 1.00
Penalty Paid:[ Int Paid:
Amount Owed Other: I Last Date: 05/27/2008
Total Owed: F- Penalty: F Interest:
Vote that il'payment has been received within the last 10 business days, any returned items may not be posted at this
time Please check the website attain.
DaIe
Type
transaction
Anionnt
Balance
6/5/2008
Charge
0
$511.09
$511.09
5/27/2008
Payment
33665
($511.09)
$0.00
1
Use the print key for your browser to print a co
New Search
of taxes paid forthis year.
PreViotis;'
cn fi•ede,•icic.ve..us/Al)Dlications/RIJPubliclnquiry/ViewDetail.aspx 9/10/2008
ViewDetail • 0
Page 1 of 1
Real Estate Public Inquiry Ticket Detail
2008 REAL ESTATE TAXES
Department# : RE2008 Ticket #: 185640001 FRQ:F- Sup#:
.............
Name: JO NSON NANCY RENNER Account#: 14314
Name 2: Map##; 53 A 77
2054 NORTHWESTERN PIKE Descri tion: 84 ACRE
Address: _..._�. ._....... R _. ._.. _..� ., �.� P _._._..._...
WINCHESTER VA
((22603
J-..... ._ .. _..
Bill Date. 20080605„ Due Date: 06/OS/2008
Land: $63 500
$26 900 ! F
Improve: . Use:
Original Bill: $237 30
Payments: $237.30-i Acres: 0 84
Penalty Paid:
Amount Owed:., , ,
Int Paid: ., ....
Other:. ____._ _i Last Date: 05/27/2008
_... _ .
Total Owed:
Penalty: � _._. Interest:
Note that if payment has been received within the last 10 business days, any returned items may not be posted at this
tune Please check the website a-ain.
Date
Type
TI'ansactlon P,
Amount
Balance
6/5/2008
Charge
0
$237.30
$237.30
5/27/2008
Payment
33665
($237.30)
$0.00
1
Use the print Ivey for your browser to print a copy of taxes paid If or this year.
New Search Previous
htt„q•//tnxeS cn.fi•edericl<.va.us/AuUlications/RE-PublicInquiry/ViewDetail.aspx 9/10/2008
Painter -Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540-662-5792
office(@painterlewis. com
October 14, 2008
Mr. Mike Ruddy
Frederick Co, Planning
107 N. Kent Street
Winchester, VA 22601
RE: OMNI COMERCIAL DEVELOPMENT
ROUTE 50 WEST
REZONIG APPLICAITON
Dear Mr. Ruddy,
Enclosed, please find for final submittal, the revisions that have been made according to
the correspondence this office received from the Frederick County Attorney, pertaining
to the above referenced project.
Please feel free to contact this office if you have any questions or if you require
additional information.
Sincer0l
Ji11 F
Engineering Admin. Assistant
PAINTER-LEWIS, P.L.C.
0CT 14 2008
JOB NUMBER: 0612010
W-""
J,.y} 'fit 44
c,1a
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
TO: Finance Department
FROM: Pam Deeter, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: October 27, 2008
The amount of $50.00 was deposited in line item #3-010-019110-0008. Painter & Lewis had a
deposit for one sign for Rezoning #08-08 for Bontanical Square. The company has returned the
sign and is therefore entitled to the return of the deposit. You may pay this through the regular
bill cycle.
Please send a check in the amount of $50.00 to:
RSA/pd
� o
1d.2,1.08
Painter & Lewis, P.L.C.
817 Cedar Creek Grade
Suite 120
Winchester, VA 22601
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
L
T A X R E C E I P T
'REDERICK COUNTY
WILLIAM ORNDOFF, JR
,.0. BOX 225
[INCHESTER VA 22604-0225
3OND MANAGEMENT FEES -PLANNING
Ticket #:00000230001
Date 9/05/2008
Register: LJT/LJTS1
Trans. #: 42064
Dept # BMFEES
Acct#
Previous
Balance $
450.00
Principal Being Paid
450.00
00
Penalty
Interest
.00
Amount Paid $
450.00
*Balance Due $
.00
00
Pd by PLANNING
INCLUDESSEPENALTY/INTEREST THRU THEcMONTH09159/2008 VARIOUS
BALANCE DUE
w
N ECEIVED 'FROM NO.58
2
o D ESS
Q _o cf N } uD 150;+n
N ❑FOR p NT
u Q Z)FOp DOLLARS
U� >~�
AMT. PAID CASH
U U CHECKrJ'
T1 BALANCE
DUE MONEY
tn ORDER BY
0 "y
O
u DATE
EO
E(VED FROM NO, 0581
o (V ADDRESS Zo °Zb 0
�• q o � N � � b. �atic.0 2U�
JFop pFNr DOLLARS $ I.
A ; -1FOp
U o� r :_ •
N'M h ^Y. AMT. OF
f II`I U kn
ACCOUNT
U U AMT. PAID I /. CASH \1 CHECK L.-J� (v�
�•+ BALANCE •_ W.
_ DUE MOID k Lc_:
4 ORDER 3 a
SEP 4
Painter -Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540-662-5792
office anpainterlewis.com
September 4, 2008
Mr. Mike Ruddy
Frederick Co, Planning
107 N. Kent Street
Winchester, VA 22601
RE: OMNI COMERCIAL DEVELOPMENT
ROUTE 50 WEST
REZONIG APPLICAITON
Dear Mr. Ruddy,
Enclosed, please find for final submittal, the following information for the rezoning
application listed above:
• A signed application.
• Signed and notarized Proffer Statements.
• An application fee check in the amount of $10,415.00.
• A check for the sign deposit in the amount of $50.
• Two Special Limited Power of Attorney forms; one for each property
owner.
Please feel free to contact this office if you have any questions or if you require
additional information.
ceri�ly,
j&S
Engineering Admin. Assistant
PAINTER-LEWIS, P.L.C.
CC'. Mr. Wendell Johnson
Omni Design Build
SEP 4 2008
JOB NUMBER: 0612010
9 •
s
Painter -Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540-662-5792
office(a�painterlewis. com
August 7, 2008
Mr. Mike Ruddy
Frederick Co, Planning
107 N. Kent Street
Winchester, VA 22601
RE: OMNI COMERCIAL DEVELOPMENT
ROUTE 50 WEST
REZONIG APPLICAITON
Dear Mr. Ruddy,
Enclosed, please find for final submittal, the following information for the rezoning
application listed above:
• Revised Impact Analysis Statement.
• Revised Proffer Statement.
• Agency comments/approvals.
Once you have reviewed and approved the information please provided the required fee
amount and this office will forward the fee along with signed proffers, application, a sign
deposit, and Special Limited Power of Attorney to your attention.
Please feel free to contact this office if you have any questions or if you require
additional information.
Sincely,
I 'es
Engineering Admin. Assistant
PAINTER-LEWIS, P.L.C.
AUG 7 2008
JOB NUMBER: 0612010
r
61
0
Rezoning Application
Botanical Square
Omni Design Build, Inc.
20288 Blueridge Mountain Road
Paris, VA 20130
Applicant: Omni Design Build, Inc.
Mr. Wendell J. Johnson
Submitted By:
PAINTER-LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, VA 22601
540-662-5792
Job# 0612010
r 4,
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
October 8, 2008
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #08-08 FOR BOTANICAL SQUARE
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, October 22, 2008, at 7:15 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Rezoning 408-08 of Botanical Square, submitted by Painter -Lewis, PLC, to rezone 4.15 acres from
RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Use. The
properties are located on Route 50 West, at the northwest corner of the Route 50 and Botanical Drive
intersection, approximately'/4 mile west of Route 37, in the Gainesboro Magisterial District, and are
identified by Property Identification Numbers 53-A-74, 53-A-75, 53-A-76 and 53-A-77.
A copy of the application will be available for review at the Handley Library and the Bowman Library
the week of the meeting, or at the Department of Planning and Development located at 107 North Kent
Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at:
www.co.frederick.va.us.
Sincerely,
Michael T. Ruddy, AICP
Deputy Planning Director
MTR/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to certify (thathe attached correspondence was mailed to the following on
o from the Department of Planning and Development, Frederick
County, Virginia: 53 -A- - 73-
HUFFMAN PAGE F. & ELVA
53 - A- - 74- 194 ECHO LN
TURNER CAROLYN R WINCHESTER VA. 22603.3909
424 W CECIL ST
WINCHESTER VA 22601.3706 53 - A- - 68-
WINCHESTER MEDICAL CENTER INC
53 - A- - 75- PO
JOHNSON NANCY RENNER WI BOX 1334
WINCHESTER VA 22604.7834
2054 NORTHWESTERN PIKE
WINCHESTER VA 22603.3947
Omni Design/Build, Inc.
20288 Blueridge Mountain Rd.
Paris, VA 20130
Painter -Lewis PLC
817 Cedar Creek Grade, Ste. 120
Winchester, VA 22601
52 - A- - L-
FIRST BANK
112 W KING ST
STRASBURG VA 22657-2220
52 - A- - M-
COMMONWEALTH GROUP-WINCHESTER
PARTNERS LP
500 HENLEY ST STE 200
KNOXVILLE TENN 37902.2804
53B - 3- - 5-
THE MARATHON BANK
CIO UNITED BANK ATTN ANGIE BOA
514 MARKET ST
PARKERSBURG WV 26101
53 - A- - 82-
FUNKHOUSER DARLA POE
& POE SHARON S
272 HILDA DR
CLEARBROOK VA 22624.1475
. 1. � �- <= �--c,•_-_- -�� �'`--'.. �%
Michael T. Ruddy, Deputy Planning -Director
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I J I a Notary Public in and for the State and County
aforesaid, do he by certi that Micha T. Ruddy, Deputy Planning Director for the Department of
Planningk
d Development, whose name is signed to the foregoing, dated
o l D , has personally appeared before me and acknowledged the same in my
State alYd County aforesaid.
Given under my hand thisEday of��
My commission expires on
i
52 - A- - D-
WAL-MART REAL ESTATE BUSINESS TRUST
CIO PROPERTY TAX DEPARTMENT
PO BOX 8050
BENTONVILLE AR 72712.8055
53B - 3- - I.
FARMERS LIVESTOCK EXCHANGEINC
PO BOX 2696
WINCHESTER VA 22604.1896
6EVERLY H. DELLINGER
NOTARY ID # 331878
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY 31, 2011
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
September 19, 2008
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #08-08 FOR BOTANICAL SQUARE
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, October 1, 2008, at 7:00 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Rezoning #08-08 of Botanical Square, submitted by Painter -Lewis, PLC, to rezone 4.15 acres from
RA (Rural Areas) District to B2 (General Business) District, with proffers, for Commercial Use. The
properties are located on Route 50 West, at the northwest corner of the Route 50 and Botanical Drive
intersection, approximately 1/4 mile west of Route 37, in the Gainesboro Magisterial District, and are
identified by Property Identification Numbers 53-A-74, 53-A-75, 53-A-76 and 53-A-77.
A copy of the application will be available for review at the Handley Library and the Bowman Library
the week of the meeting, or at the Department of Planning and Development located at 107 North Kent
Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at:
www.co.frederick.va.us.
Sincerely,
7,_ _
Michael T. Ruddy, AICP
Deputy Planning Director
MTR/bad
107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000
This is to
AVir
6inial:yrtif
that the
07
attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County,
53- A- - 73-
53 - A- - 74-
TURNER CAROLYN R
424 W CECIL ST
WINCHESTER VA 22601-3706
53 - A- - 75-
JOHNSON NANCY RENNER
2054 NORTHWESTERN PIKE
WINCHESTER VA 22603.3947
Omni Design/Build, Inc..
20288 Blueridge Mountain Rd.
Paris, VA 20130
Painter -Lewis PLC
817 Cedar Creek Grade, Ste. 120
Winchester, VA 22601
52 - A- - L-
FIRST BANK
112 W KING ST
STRASBURG VA 22657.2220
52 - A- - M-
COMMONWEALTH GROUP-WINCHESTER
PARTNERS LP
500 HENLEY ST STE 200
KNOXVILLE TENN 37902.2804
STATE OF VIRGINIA
COUNTY OF FREDERICK
HUFFMAN PAGE F. & ELVA
194 ECHO LN
WINCHESTER VA. 22603-3909
53 - A- - 68-
WINCHESTER MEDICAL CENTER INC
PO BOX 1334
WINCHESTER VA 22604.7834
53B - 3- - 5-
THE MARATHON BANK
CIO UNITED BANK ATTN ANGIE BOA
514 MARKET ST
PARKERSBURG WV 26101
53 - A- - 82-
FUNKHOUSER DARLA POE
& POE SHARON S
272 HILDA DR
CLEARBROOK VA 22624.1475
Michael T. Ruddy, Deputy Planning Di ctor
Frederick County Planning Departme t
a Notary Public in and for the State and County
aforesaid, do Wlk6by certify that M' �ael T. Ruddy, Deputy Planning Director for the Department of
Plannin d Development, . whose name is signed to the foregoing, dated
p , has personally appeared before me and acknowledged the same in my
State Ed Nunty aforesaid.
Given under my hand this _ day of p ,Pilrt-�Qii ®� d
My commission expires on
52 - A- - D-
WAL-MART REAL ESTATE BUSINESS TRUST
CIO PROPERTY TAX DEPARTMENT
' O
PO BOX 8050
BENTONVILLE AR 72712.8055
NOTAR UBLIC
53B 3 1
BEVERLY H. DELLINGER
NOTARY ID # 331878
FARMERS LIVESTOCK EXCHANGEINC
NOTARY PUBLIC
PO BOX 2696
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRESJULY31,2011
WINCHESTER VA 22604.1896
0
fl
'/5 %%�-7-2
TO:BARBARA-DATA PROCESSING
FROW BEV - Planning Dept.
Please prin d sets of labels by
THANKS!
5. The Code of Virginia allows its 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:
e ctro hl Tvrr) (--,,-
6. A) Current Use of the Property: 1" )esi c/-2t a j
B) Proposed Use of the Property: Co)inn"%
7. Adjoining Property:
PARCEL ID Ni1MBER USE ZONING
5Z -A- L
C6lY)tY'i-L46 I
3)-
52 - A - M
__- VLl co r-) t
-Rcsidcntial
62
53 -A- -7 Z
2A
S3 - A- (OW
Vc CO n
536 - - 5
cc) I-n �1�►er i j
53 -A-
l e�idCnti6L1
12A
S. Location: The property is located at (give exact location
based on nearest road and distance
from nearest intersection; using road narnes and route numbers):
hj� SO (Jr-si
of
Wirochesi(fr.
Gapevo,
'/ ►�r�.'I (e t,�, cA
() f
+�-Y tit S o j P-+
31
041 A.)
aoa��
P,4k Is )
II
17 ��A)
•
C]
w
S
REQUESTING AGENT:
DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS
FREDERICK COUNTY, VIRGINIA
GIS, MAPPING, GRAPHICS
WORK REQUEST
DATE RECEIVED:Izv-0y I
REQUESTED COMPLETION DATE:V V-0
Department, Agency, or Company: -
Mailing and/or Billing Address:
Telephone:
E-mail Address:
ESTIMATED COST OF PROJECT:
FAX:
DESCRIPTION OF REQUEST: (Write additlQ^a-- fanon on"bac�f r�equest)-
o�
� fi PS l��2ar� I N G
DIGITAL:
SIZES:
COLOR:
PAPER:--
BLACK/WHITE: NUMBER OF COPIES:
STAFF MEMBER:
COMPLETION DATE:
MATERIALS:
DATE OF PICK-UP/DELIVERY:
AMOUNT DUE:
AMOUNT BILLED:
METHOD OF PAYMENT:
HOURS REQUIRED:
AMOUNT PAID:
CHECK NO.#
Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651)
4 LOGS
Document Approval Form
PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR
APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR
APPROVAL.
IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE
COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED.
INITIALS DATE & TIME
Candice
Mark
Dana
Eric
John
Amber
COMMENTS:
Received by Clerical Staff (Date & Time): I Q
U:\Pam\Common\Document Approval Form.wpd