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Home My WebLink About009-08 Frederick Block - 1.8 Acres RP to B3 - Stonewall - Backfiler 0 m N a _ C N .� e >, a) u fV o Q a� �1 U tb N Z U v cd O Cam- - Y� �b,, S Q-k-rty % .• ►Enoi 1• r - • ♦ AWA US it_ f O. . a CASH 7-0 18� -� CHECK 1� MONEY r1 L ORDER zz FVJS4{�.� 1? M-i-j4 BY 12 V�QQClci I, J REZONING TRACKING SHEET Check List: Application Form Proffer Statement �— Impact Analysis Adjoiner List Fee & Sign Deposit Deed �- Plat/Survey Taxes Paid Statement File opened 0 0 Reference manual updated/number assigned U D-base updated 0 Copy of adjoiner list given to staff member for verification a / S Color location maps ordered from Mapping 1611SJ08 98k,' Application Action Summary updated Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers 7 0 Approval (or denial) letter mailed to applicant/copy to file and cc's A/ ?LO Reference manual updated I `? O D-base updated Application Action Summary updated I I 0 File given to Mapping to update zoning map dU� Zoning map amended Sys ID # a 11� 00 1 of FREDERICK Department of Planning and Development 540/665-565: FAX: 540/ 665-6395 November 17, 2008 John Lewis Painter -Lewis, PLC 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 RE: REZONING #09-08, FREDERICK BLOCK Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of November 12, 2008. The above -referenced application was approved to rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District with proffers for residential and commercial use. The properties are located at 1086 and 1098 Martinsburg Pike (Route 11 North), in the Stonewall Magisterial District, and are identified with Property Identification Numbers 54A-1-18, 54A-1-19 and 54A-1-15B. The proffer originally dated August 13, 2008, and last revised on November 6, 2008, that 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, 0 "e /- J4, Candice E. Perkins, AICP Senior Planner CEP/bad Enclosure cc: Slaughter Properties, LLC, 1040 Martinsburg Pike, Winchester, VA 22602 Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REZONING APPLICATION 909-08 FREDERICK BLOCK Staff Report for the Board of Supervisors Prepared: November 6, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner 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 Action Planning Commission: 11/05/08 Recommended Approval Board of Supervisors: 11/12/08 Pending PROPOSAL: To rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District with proffers to accommodate materials storage associated with Frederick Block and revise the proffers associated with parcel 54A-1-15B to remove a proffered buffer. LOCATION: The property is located at 1086 and 1098 Martinsburg Pike (Route 11 North). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54A-1-18, 54A-1-19 and 54A-1-15B PROPERTY ZONING: RP (Residential Performance) and B3 (Industrial Transition) PRESENT USE: Residential and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) and B2 (Business General) South: Zoned B2 (Business General) District and B3 (Industrial Transition) District East: Zoned M1 (Industrial Light) District and B3 (Industrial Transition) District West: Zoned B2 (Business General) District Use: Residential Commercial Use: Commercial Frederick Block Use: Industrial Industrial Use: Office/Commercial PROPOSED USES: Materials Storage associated with Frederick Block. 0 a Rezoning #09-08 — Frederick Block November 6, 2008 Page 2 REVIEW EVALUATIONS: Virl4inia Department of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property. VDOT has no objection to this rezoning since there are no impacts to VDOT facilities. 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. *Staff Note: VDOT did not provide comments on the potential to have a commercial entrance on Martinsburg Pike for parcels 54A-1-18 and 54A-1-19. VDOT understood the proffer to state that the shard residential entrance would be removed once the residential uses were eliminated and that no further entrances would be constructed. It has been brought to our attention that a commercial entrance was not prohibited by proffer with this application. Fire Marshall: Plan approval recommended. Public Works: Refer to the Site Suitability narrative and conceptual development plan: It appears that the proposed development will include the use of only a portion of lot 54A-1-IS for storage. The narrative included under site suitability should be expanded to indicate the future disposition of the single family dwellings located on lots 18 and 19. This discussion should also include abandoning existing wells and septic systems, if applicable. Refer to F. Drainage on page 5: State requirements shall be employed for nutrient removal. Any permitting associated with nutrient removal shall be processed through the Department of Conservation and Recreation. Sanitation Authority: Sewer and water are available to this site and there is adequate sewer and water capacity available. Service Authority: No comments. Health Department: Public water and sewer are to be provided per the submittal from Painter -Lewis. Parks & Recreation: No comment 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 HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property 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: It is determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. i 0 Rezoning #09-08 — Frederick Block November 6, 2008 Page 3 Frederick County Public Schools: We offer no comments on this application. Frederick County Attorney: Please see attached Memorandum dated November 3, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letter dated September 19, 2008 from Candice E. Perkins, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County (U.S.G.S. Winchester Quadrangle) zoning maps depict parcels 54A-1-18 and 54A-1-19 as zoned R-1. The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. For parcel 54A-1-15A, the original Frederick County (U.S.G.S. Winchester Quadrangle) zoning reaps depict the site as zoned R-1. In1980, parcel 54A-1-15B was changed fromRl to B2. In 2003, the County considered rezoning application #01-03, a request to rezone the subject property (and multiple other properties) from the B2 (Business General), to the B2 (Business General) and B3 (Industrial Transition) Districts. In 2005, the County approved rezoning #06- 05 for a proffer revision for this property. 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 environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. I-]] [.find Us,, The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are also within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial and industrial land use designation. The applicant is requesting a rezoning to the B3 (Industrial Transition) Zoning District and, therefore, this requested zoning is in general conformance with the Comprehensive Policy Plan. SHP Arrn.e.c The existing Frederick Block site is accessed via two entrances on Martinsburg Pike (Route 11) which is classified as a minor arterial road. Parcels 54A-1-18 and 54A-1-19 are currently utilized for residential purposes and are accessed via one shared driveway off of Martinsburg Pike. With this rezoning the applicant has proffered that only the existing residential structures Rezoning #09-08 — Frederick Block November 6, 2008 Page 4 will be permitted to utilize the existing shared entrance on Martinsburg Pike. *Staff Note: The proffer regarding the use of the residential entrance does notpreclude the site from having a commercial entrance for parcels 54A-1-I8 and 54A-1-19. Proffer 5 only restricts commercial operations from using the existing residential driveway. If the residential uses are removed the applicant would still have the ability to construct a commercial entrance subject to approval by the County and VDOT. *Staff Note: Martinsburg Pike is classified as a minor arterial road and the Comprehensive Policy Plan states that "direct access from land uses to arterial roads should be appropriately limited Access to these roads from private driveways should be discouraged". [Comprehensive Policy Plan, p. 7-201] 3) Deputy Director of Transportation Comment: Regarding proffer 5, the potential for an additional entrance proposed on Route 11 is inappropriate for a number of reasons: The proposed use of storage does not justify an additional entrance for a business that already has two entrances on Route 11. The proposed entrance does not meet VDOT's draft access management standards. These standards recognized the safety and traffic flow impacts of adding additional entrances, and though they are not yet part of state code, Frederick County should be cognizant of them. This portion of Route 11 already has significant number of entrances, making the addition of another one even less desirable. The goal in this area is reducing and not increasing the number of commercial entrance points. 4) Site Suitability/Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other envirorunental features have been identified. The General Soil Map of the Soil Survey of Frederick County, Vir inia indicates that the soils comprising the subject parcel fall under the Frederick-Poplimento Loams soil association (1413). These soil types are gently to strongly sloping, well -drained, and deep. 4) Proffer Statement - Dated September 22, 2008; Revised October 10, 2008, October 14, 2008 and November 6, 2008: 1. Generalized Development Plan • The use and development of the property shall be in conformance with the Generalized Development Plan. 2. Parcel Usage • The use of parcels 54A-1-18 and 54A-1-19 is limited to the storage of materials (SIC 5211) associated with the operations of Frederick Block. Any changes in use will require a new rezoning that addresses all impacts. Rezoning #09-08 — Frederick Block November 6, 2008 Page 5 3. Lot Consolidation • A boundary line adjustment will be submitted within 90 days of approval for parcel 54A-1-19 to combine the area to be used for outdoor storage into parcel 54A-1-15B. 4. Zoning Buffers • The existing residential buffers shall remain on the property until the site will be used for the storage of materials. Once structures are no longer utilized for residential purposes, all outdoor screening elements and buffers will be constructed. The existing vegetation or a single row of evergreen trees will be installed along the adjacent B3 property and M1/railroad property to provide screening for the storage area. The 50 foot buffer located on parcel 54A-1-15B will be eliminated. Existing vegetation along Martinsburg Pike shall be preserved or the existing buffer along Martinsburg Pike will be continued as shown on the GDP. Entrance • The applicant has proffered that while the existing dwellings on parcels 54A-1- 18 and 54A-1-19 are retained, they will utilize the existing shared driveway and this driveway will not be used for commercial operations. XStaffNote: Proffer 5 does not preclude the site from having a commercial entrance forparcels 54A-1-18 and 54A-1-19, this proffer only restricts commercial operations from using the existing residential driveway. If the residential uses are removed the applicant would still have the ability to construct a commercial entrance subject to approval by the County and VDOT. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/05/08 MEETING: The applicant stated the existing driveway serves both residences and is a legal non -conforming, asphalt driveway; the applicant acknowledged this driveway cannot be used for commercial purposes. The applicant did not want to proffer out the possibility of placing a commercial entrance at this location in the event there is a future opportunity for Frederick Block to have an additional entrance; they wanted to avoid an additional rezoning because it was cost prohibitive. The applicant understood if they wanted to pursue a commercial entrance here, they would need to go through the permitting process and acquire approvals from the County and VDOT, and would probably need to construct additional lanes. There were no public comments. Some members of the Commission expressed concern about the possibility of an additional commercial entrance at this location on Route 11 without an analysis of the impacts by the County and VDOT. They suggested a TIA be conducted, especially because of efforts to restrict the number of entrances along Route 11. Commission members commented that since this is a storage yard, there would be tractor -trailer traffic making left turns coming South on Route 11. In addition, mitigation is only • 0 Rezoning #09-08 — Frederick Block November 6, 2008 Page 6 required during the rezoning process. The VDOT representative stated he reviewed the plan with the assumption the two residences would remain and additional storage would be towards the rear of the property; VDOT did not review the project with any assumptions a commercial entrance would be placed at this location. He said if the applicant decided to pursue a commercial entrance, details would have to be submitted to VDOT for analysis and the entrance would need to meet VDOT's Access Management Guidelines for Arterials. Other Commission members were satisfied the County would be protected from an impact perspective, given the applicant's proffer which restricts uses solely to additional storage and the additional reviews required by the County and VDOT, particularly with the more stringent Access Management Guidelines. A motion was made and seconded to table the rezoning for 45 days with the expectation the applicant, the County, and VDOT conduct a review of potential impacts of an additional entrance, including the possibility of additional turn lanes and other issues. This motion was defeated by the following vote: YES (TO TABLE): Oates, Wilmot, Thomas, Kriz NO: Unger, Watt, Manuel, Ours, Mohn A new motion was made and seconded to approve the rezoning with proffers. This motion passed by the following majority vote: YES (REC. APPROVAL): Unger, Watt, Manuel, Wilmot, Ours, Mohn NO: Oates, Thomas, Kriz (Note: Commissioners Ambrogi, Ruckman, Triplett, and Kerr were absent from the meeting.) STAFF CONCLUSIONS FOR 11/12/08 BOARD OF SUPERVISORS MEETING: This is an application to rezone two parcels totaling 1.80 acres from the RP (Residential Performance) District to the B2 District with proffers to accommodate material storage associated with the existing Frederick Block use and to revise the proffers associated with parcel 54A-1-15B to modify the previously proffered buffer. The land use proposed in this rezoning is consistent with the Eastern Frederick County Long Range land Use Plan. While working with the applicant it was understood that the site would be utilized for only outdoor storage and would be accessed through the existing storage lot on parcel 54A-1-15B. Also, due to the low impact use and understanding that there would be no further impact on Route 11 on this use a Transportation Impact Analysis was not required for this request. However upon review by the County Attorney proffer 5 does not restrict entrances on Martinsburg Pike. With this application the applicant should consider eliminating the potential entrance on Martinsburg Pike for parcels 54A-1-18 and 54A- 1-19. 0 0 Rezoning 909-08 — Frederick Block November 6, 2008 Page 7 Elements of the rezoning application have been identified that should be carefully evaluated to ensure that they fully address the goals of the County. The applicant should be prepared to address these issues. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. al A Frederick Block Wk UAMS S.MMr ' �((C / Rezoning a REZ # 09 - 08 4e % ' ,,k 04,, PIN: 54A-1-18,54A-1-19,54A-1-15B r� 1 t 5/ A 16 STONEWALL II LLL U RS14{ �, TQ'�� • 4 �► aR��h p \ s �+ sr��D�� S dy��py Np�STRi /RCIS ��/ RPROPFR FS(<c ry RpCKfY�q r FS�RC 9� '�4 R'p ps , lE'gp�'B JR/FS/NC pr,RnFs<( - � C SHOCNEY IND r f O i b e 54 A 12 SgAA. SLAUGHTE RIRDPERTIES LLC �f 54 A 36A FORT COLLIER GROUP 0 125 250 500 Feet Case Planner. Candice 9 REZ0908_FredenckEllock Zoning M2 (Industrial. General Distinct) Buildings 440 BI (Business. Neighborhood District) - MH I (Mobile Home Community Districl) OUrban Dcvelopmenl Area 440 B2 (Business. General Distnct) - MS (Medical Support Distinct) _ `0 SWSA - B3 (Business. Industrial Transition District) - Ra (Residential Planned Community District) • EM (Extractive Manufactunng 0hanct) - R5 (Residential Reereational Community District) - HE (Higher Education Distinct) \__) RA (Rural Area Dtstnc0 - MI (Industrial. Light Distinct) RP (Residential Performance District) Streets Topography (5' interval) 0 0 • 0 • REZONING APPLICATION FORAM FREDERICK COUNTY, VIRGINIA '1'o be completed by Planning Stuff.' Fee Amount Paid $ .�2 8'D !S! Zoning Amendment Number Date Received 10/ b$'_ PC: Hearing Date ls/o�-- BOS Hearing Date__I The follou,ing information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: S i Q U a*r_ ESL LC Telephone: ( (i I a N Address: 1- 0 B0 X Wi nchesttr, VA ap 1,.o4 2. Property Owner (if different than above) Naune: Address: Telephone: 3. Contact person if other than above Pam}ev- Le W is, PLC Name: Mr-Jo>1n LevjiS _ Telephone: 540-(A03-S99a 4. Checklist: Check the following items that have been included with this application. Location map Plat Decd to property Verification of taxes paid 10 Agency Comments Fees Impact Analysis Statement Proffer Statement S. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: �� - h es (d ,11 tj B) Proposed Use of the Property I. Adjoining; Property: PARCEL ID NIJIM13ER r.q4-A- 8-� • SqA -j -�o USE wmmeruai reSicleh hag r e s rc en h`a 1, VCICGC/7 r; VG CCtn t resi,deliha.l SSA- n , sYIA - l - J eSC"GIen a -I Rp SqA —1 — U 1"esl�5%enhtZl /2 p s-A - 361 /n clush-lu/ M i 8zf Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 1096 a,IC/ 1, l/ Alor-th 0 11 • • 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 Townhorne: Mobile Home: Square Footage of Proposedt Uses Multi --Family: IIotel Rooms: _ Service Station: Manufacturing: _ Warehouse: Other: � . F2 Acvvs : r�cr�� 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 oC Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. 1 (wc) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road ri ;ht�-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): — ! l#I— A-1piDate: Date: Owner(s): 1..�—_ Date: l° (a vY ._ Dale: 0 12 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Plione 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) YO ��5 ) L, L,C, (Phone) 5LJO `(A�� b' (Address) eo•'130X VIL WincheSi-er \/A ascoo the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by C&'_i On I{ j 2- Instrument No. cvw6CCO*— on Page , and is described as I g ► 5 LV!� Parcel: Lot: j G Block: Section: 54A -Subdivision: do hereby make, constitute and appoint: (Name) 1Q1nter- 1;eujj-sP L•C. IcwiG (Phone)30 l„C7a�5'7�I (Address)&I `eCICLr CI'eeirC C=al aCle Su kie I DO (A�>IRC;1�s�er, VA 'da UM To act as my true and lawful attorney -in -fact for• and in my (our) name, place and stead with fidl power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property„including:,, Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) !� ` G Subdivision G Site Plan - My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments tO uievio is approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or mortified. In witness thereof, I (we) have ljtrereto set my (our) hand and seal this -a day of C)C+ 2009 Signature(s) State of Virginia, Cit County of YV � i"i&'C_5��1� , To -wit: I �\11 U;tL a jCG , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this 10 day of200-&. 14 5?3G My Commission Expires: 1 J31 �jl No('I Public 03001529 • C grr, ; . 12 SIm.1 Cha 522 d' G I FORT COLLIE Ic INDPK 13 a 1.71ao hwp cl e • ORT L6 . uU .. tt03 W VICINITY MAP N 1' = 2000' SCALE APPROVAL ADMINISTRATOR '" �'✓ G�� DATE OIIY510l3 SUBDIVISION 1"� /"" '' OWNERS' CONSENT THE ABOVE AND FOREGOING LOT CONSOLIDATION OF THE LAND OF SLAUGHTER PROPERTIES, LLC., AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. ON BEHALF OF // Jsb SLAUGHTER PROPERTIES, LLC.�/� � . � DATE s, N 0 TA R Y CERTIFICATE `C�COITY�F�'s FREnFQr c.I� e i� 11 3 -THF FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON BY 4)k'Bk�Y \bF ;9l,'UGH PROPERTIES l.C. 1 fO�p . py F0. ti+J MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE: I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS LOT CONSOLIDATION IS THE LAND DESIGNATED AS PARCELS ONE THROUGH FIVE WHICH WERE CONVEYED TO SLAUGHTER PROPERTIES, LL.C., BY DEED DATED MAY 8, 2003, RECORDED AS INSTRUMENT # 030012270. SAID DEED IS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, ARGINIA. CONSOLIDAT/ON PLAT TH of vl OF 7HE LAND OF SLAUGHTER PROPERTIES, L.L.C. 9 1040 MWTINSBOW PIKE 0gg 9BB STt7NEWALL AlAG/STER/AL D/STR/CT N0.001197 FREDERICK COUNTY, KRGINIA 1617-yeO F l4kD DATE 06/23/03 CODER SHEET SHEET 1 OF 2 svRv��04 Marsh & Legge Land Surveyors, P.L.C. — 560 NORTH LOUDOUN STREET N WINCHESTER, VIRGINIA 22601 DRAWN BY: C.GREENSPAN PHONE (MO) 667-0468 - FAX (540) 667-0469 N ENAIL of(keftw8handeggc=n DWG NAME: 102342-CP 171 11 z u+� z b9 MILDRED L. MLLINCHAM CD PIN 54A-1-19 OB 571 PC 111 ZONED.• RP USE.- RESIOENIJAL C11 S 5J76JO" E 406.29'-- /PF IPF -- -- ---T ORIGINAL PIN 54A-1-17 t 0.7297 ACRES I I t� i IN 1N !! ------ 1 At o I � I� ; ORIGINAL m I m W PIN 54A-1-16 I .. 1 ^ I 1.28JB ACRES i llcl) rn 1 I 1 1 1 mj z�- gQp�ry ---HER£Birl�A�1NA7EES7J--- - - - - - -- ------ � Q I (TYPICAL) + 1 ORIGINAL I PIN 54A-1-150 Z. 3 rn P/N 54A-1-168 0.7675 ACRES Q t.'v, R z m I 4.646E AQ4Er, Wit^ o ^ I ---- 1 `� Q i'--� -P r EXISANG co 20' SANITARY SEWER m N j ORIGINAL I 54AAC I ORIGINAL N I PIN 54A-1-15C EASEMENT (D8 696 PG 70 4 DB 7J) 0.7744 ACRES RES 0. i 1.0911 ACRES 696 PG 1 1J V w I j '•� I cl l� I l� '1 � I Al 60'48 45" --�----- W 270 00' JOHN D. GLOVER k SONS, INC. I SANITARY EASEMENT LINE TABLE PIN 5474-19 OB 440 PC — LINE BEARING ZONE9- M2 G DISTANCE NOTES: I) NO TITLE REPORT FURNISHED, 2.) EASEMENTS OTHER THAN SHOWN MAY EXIST. 3.) NO BUILDING RESTRICTION LINE NOTED OR SHOWN ON PLAT. 4.) BOUNDARY INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON JANUARY 30, 2001 . 5.) DISTANCE SHOWING TIES FOR SANITARY EASEMENT ARE TO THE CENTERLIN° CONSOLIDATION PLAT OF THE LAND OF SLAUGHTER PROPERTIES, L. L. C. 1040 MARTINSBURG PIKE STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, WGINM DATE:• 06/2i/0J SC4LE - 1' = 100' SHEET 2 OF 2 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, ARGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 - E►IAIL offlce0marshondlegge.com 4-�- TH OF D r� 9 o ]as o. 01 7 t'ND 8UR`j4'��4 DRAWN BY: C.GREENSPAN DWG NAME: 102J42-CP REZONING APPLICATION #09-08 FREDERICK BLOCK Staff Report for the Planning Commission Prepared: October 17, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner 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 Action Planning Commission: 11/05/08 Pending Board of Supervisors: 11/12/08 Pending PROPOSAL: To rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District with proffers to accommodate materials storage associated with Frederick Block and revise the proffers associated with parcel 54A-1-15B to remove a proffered buffer. LOCATION: The property is located at 1086 and 1098 Martinsburg Pike (Route 11 North). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54A-1-18, 54A-1-19 and 54A-1-15B PROPERTY ZONING: RP (Residential Performance) and B3 (Industrial Transition) PRESENT USE: Residential and Commercial ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) and B2 (Business General) South: Zoned B2 (Business General) District and B3 (Industrial Transition) District East: Zoned M1 (Industrial Light) District and B3 (Industrial Transition) District West: Zoned B2 (Business General) District Use: Residential Commercial Use: Commercial Frederick Block Use: Industrial Industrial Use: Office/Commercial PROPOSED USES: Materials Storage associated with Frederick Block. • Rezoning #09-08 — Frederick Block October 17, 2008 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property. VDOT has no objection to this rezoning since there are no impacts to VDOT facilities. 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. Fire Marshall: Plan approval recommended. Public Works: Refer to the Site Suitability narrative and conceptual development plan: It appears that the proposed development will include the use of only a portion of lot 54A-1-18 for storage. The narrative included under site suitability should be expanded to indicate the future disposition of the single family dwellings located on lots 18 and 19. This discussion should also include abandoning existing wells and septic systems, if applicable. Refer to F. Drainage on page 5: State requirements shall be employed for nutrient removal. Any permitting associated with nutrient removal shall be processed through the Department of Conservation and Recreation. Sanitation Authority: Sewer and water are available to this site and there is adequate sewer and water capacity available. Service Authority: No comments. Health Department: Public water and sewer are to be provided per the submittal from Painter -Lewis. Parks & Recreation: No comment 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 HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property 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: It is determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Frederick County Public Schools: We offer no comments on this application. Frederick County Attorney: Please see attached Memorandum dated October 7, 2008 from Roderick B. Williams, County Attorney. Rezoning #09-08 — Frederick Block October 17, 2008 Page 3 Planning Department: Please see attached letter dated September 19, 2008.from Candice E. Perkins, Senior Planner. Planning & Zoning: 1) Site History The original Frederick County (U.S.G.S. Winchester Quadrangle) zoning maps depict parcels 54A-1-18 and 54A-1-19 as zoned R-1. The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. For parcel 54A-1-15A, the original Frederick County (U.S.G.S. Winchester Quadrangle) zoning maps depict the site as zoned R-1. In1980, parcel 54A-1-15B was changed fromRI to B2. In 2003, the County considered rezoning application #01-03, a request to rezone the subject property (and multiple other properties) from the B2 (Business General), to the B2 (Business General) and B3 (Industrial Transition) Districts. In 2005, the County approved rezoning #06- 05 for a proffer revision for this property. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for malting 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 composition of policies used to plan for the fixture physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1 ] Land Use The subject properties are within the limits of the Sewer and Water Service Area (SWSA). The Sewer and Water Service Area defines the general area in which more intensive forms of planned commercial, and industrial development will occur. The properties are within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows this area with a commercial and industrial land use designation. The applicant is requesting a rezoning to the B3 (Industrial Transition) Zoning District and, therefore, this request is in general conformance with the Comprehensive Policy Plan. Site Access The existing Frederick Block site is accessed via two entrances on Martinsburg Pike (Route 11). Parcels 54A-1-18 and 54A-1-19 are currently utilized for residential purposes and are accessed via one shared driveway off of Martinsburg Pike. With this rezoning the applicant has proffered that only the existing residential structures will be permitted to utilize the existing entrance on Martinsburg Pike. In the event that these structures are removed and the two parcels are utilized for storage of materials, the site will be accessed via the existing Frederick Block entrance on Martinsburg located on parcel 54A-1-15B. Rezoning #09-08 — Frederick Block October 17, 2008 Page 4 3) Site Suitability/Environment No flood plains, lakes or ponds, wetlands, sinkholes, steep slopes, or other environmental features have been identified. The General Soil Map of the Soil Survey of Frederick County, Vir ig nia indicates that the soils comprising the subject parcel fall under the Frederick-Poplimento Loams soil association (14B). These soil types are gently to strongly sloping, well -drained, and deep. 4) Proffer Statement - Dated September 22, 2008; Revised October 10, 2008 and October 14, 2008 1. Generalized Development Plan • The use and development of the property shall be in conformance with the Generalized Development Plan. 2. Parcel Usage • The use of parcels 54A-1-18 and 54A-1-19 is limited to the storage of materials (SIC 5211) associated with the operations of Frederick Block. Any changes in use will require a new rezoning that addresses all impacts. 3. Lot Consolidation • A boundary line adjustment will be submitted within 90 days of approval for parcel 54A-1-19 to combine the area to be used for outdoor storage into parcel 54A-1-15B. 4. Zoning Buffers • The existing residential buffers shall remain on the property until the site will be used for the storage of materials. Once structures are no longer utilized for residential purposes, all outdoor screening elements and buffers will be constructed. • The existing vegetation or a single row of evergreen trees will be installed along the adjacent B3 property and M1/railroad property to provide screening for the storage area. • The 50 foot buffer located on parcel 54A-1-15B will be eliminated. Existing vegetation along Martinsburg Pike shall be preserved or the existing buffer along Martinsburg Pike will be continued as shown on the GDP. 5. Entrance • The applicant has proffered that while the existing dwellings on parcels 54A-1- 18 and 54A-1-19 are retained, they will utilize the existing shared driveway and this driveway will not be used for commercial operations. Rezoning 909-08 — Frederick Block October 17, 2008 Page 5 STAFF CONCLUSIONS FOR 11/05/08 PLANNING COMMISSION MEETING: This is an application to rezone two parcels totaling 1.80 acres from the RP (Residential Performance) District to the B2 District with proffers to accommodate material storage associated with the existing Frederick Block use and to revise the proffers associated with parcel 54A-1-15B to modify the previously proffered buffer. The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. 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. • 0 AMENDMENT Action: PLANNING COMMISSION: November 5, 2008 - Recommended Approval BOARD OF SUPERVISORS: November 12, 2008 0 APPROVED D DENI.ED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09-08 OF FREDERICK BLOCK WHEREAS, Rezoning 909-08 of Frederick Block, submitted by Painter -Lewis, PLC, to rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District, with proffers dated August 13, 2008 and final revision dated November 6, 2008, for Materials storage associated with Frederick Block, and to revise proffers associated with parcel 54A-1-15B, was considered. The property is located at 1086 and 1098 Martinsburg Pike (Route 11 North), in the Stonewall Magisterial District, and is identified by Property Identification Numbers 54A-1-18, 54A-1-19 and 54A-1-15B. WHEREAS, the Planning Commission held a public hearing on this rezoning on November 5, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 12, 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 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District for Materials storage associated with Frederick Block and to revise proffers associated with parcel 54A-1-15B, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #35-08 0 0 This ordinance shall be in effect on the date of adoption. Passed this 12th day of November, 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. Abstain Philip A. Lemieux Aye A COPY ATTEST /Jo i-tiley, Jr. e`derick County Administrator v PDRes 435-08 0 0 FREDERICK BLOCK SLAUGHTER PROPERTIES, L.L.C. Route 11 North/Martinsburg Pike Proffer Statement Rezoning #: Property: 1.80 acres PARCEL Us: 54A-1-18, 54A-1-19, 54A-1-15B Applicant: Slaughter Properties, L.L.C. 1040 Martinsburg Pike Winchester, VA 22602 Project Name: Frederick Block Route 11 North — Martinsburg Pike Original Date of Proffers: August 13, 2008 Revision Date(s): September 22, 2008 October 10, 2008 October 14, 2008 November 6, 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: 0804007 PROFFER STATEMEO PARCEL ID PARCEL ID's: 54A-1-18, 54A-1-19, 54A-1-15B Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application #(, for the rezoning of parcels TM#54A-1-18 and TM4#54A-1-19 from RP to B3, and 54A-1-15B with proffers, the use and development of the subject property 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 owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 10/14/08, identified as "Generalized Development Plan, Frederick Block Properties", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of proposed material storage areas, the location of existing residential uses, and the location of proposed screening along TM#54-A-82 and the existing railroad. Please refer to the attached drawing named "GDP". 2.) Parcel usage The applicant agrees to limit any new use of TM#s 54A-1-18 and 54A-1-19 to that of storage (SIC 5211) for materials associated with the operations of Frederick Block. Any future changes in use will address the impacts associated with these changes and shall be prepared in accordance with the requirements of the Frederick County Zoning Ordinance. 3.) Lot Consolidation The applicant agrees to prepare and submit a boundary line adjustment to the Frederick County Planning Department within 90 days of rezoning approval. The boundary line adjustment shall consolidate a portion of TM#54A-1-18 into TM#54A-1-15B to create a larger primary parcel for the operations of Frederick Block. 4.) Zoning Buffers A. The applicant aggress to maintain the existing dwellings on TM#54A-1-18 and TM#54A-1-19 for residential use in order to provide a distance buffer and visual screening for adjacent residential properties and the Route 11, Martinsburg Pike, right of way. In the event that the existing dwellings are no longer used for residential purposes, and that the lots are then used for outdoor storage, then the applicant will comply with all buffer and screening requirements of the Frederick County Zoning Ordinance. page 2 PROFFER STATEMEO PARCEL ID PARCEL ID's: 54A-1-18, 54A-1-19, 54A-1-15B B. The applicant agrees to preserve existing vegetation and/or install a single row of evergreen trees along the adjacent B3 property and MI/railroad property to provide screening of the proposed outdoor storage areas. The screening will be completed prior to the use of the property for materials storage. C. The 50' buffer, previously proffered in Rezoning Application #01-03 and approved by Frederick County Board of Supervisors will be eliminated. The applicant agrees to preserve existing vegetation and/or extend existing screening along the Route 11, Martinsburg Pike, right of way where the existing 50' buffer is being eliminated. 5.) Entrance The applicant agrees that while the existing dwellings on both parcels are utilized for residential use, the common, existing driveway will only serve the two residential structures and will not be utilized for commercial purposes. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant 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 'PROFFER STATEMEO PARCEL ID PARCEL ID's: 54A-1-18, 54A-1-19, 54A-1-15B Submitted By: I 1 c Step en C. laughter - Manager Slaughter Properties, L.L.C. -City/County of t�� odnc. Lev- , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this day of 200 14�o,�ary Public 'U Notary Registration Number: My commission expires: do' page 4 00 0 0 C.)Z Z O Q\ mo Oat d O m \ Q m o m z ,; o 3 OMAINTAIN EXISTING DRIVEWAY 0 noo' L ,ii 0 TO SERVE RESIDENTIAL USE US ROUTE 11 a z WO I s-- I A 9 (Li5 PIN 54A-1-158 AG: P 8 Oa AREA TO BE SCREENED +� 2.63 AC. E T I Y ® EX. 50' WOODED BUFFER 0 T 0 0 T 9H TO BE ELIMINATED ; : .;; Y N U G 8 w zW aW G ZONING BOUNDARY Q 83 PIN 54A-1-158 ,■ 2.02 AC. HATCHED AREA INDICATES O PROPOSED MATERIAL STORAGE '� O AREA CV M O p /� 20 C OAPPROXIMATELY 0.65 ACRES V N N OF 54A-1-18 TO BE CONSOLIDATED INTO � 54A-1-15B o .� :° c PIN 54-A-82 W 'o oot 0 o • ".e D MOFFETT INDUSTRIES ZONING: B3 `� m c O w 6i o V) a .E 0 Luv v c_ E © AREA TO BE SCR z - w co li 00 zfif J w w Z O Z • • 0 FREDERICK BLOCK SLAUGHTER PROPERTIES, L.L.C. Route 11 North/Martinsburg Pike Proffer Statement Rezoning #: Property: 1.80 acres PARCEL Us: 54A-1-18, 54A-1-19, 54A-1-15B Applicant: Slaughter Properties, L.L.C. 1040 Martinsburg Pike Winchester, VA 22602 Project Name: Frederick Block • Route 11 North —Martinsburg Pike Original Date of Proffers: August 13, 2008 Revision Date(s): September 22, 2008 October 10, 2008 _40 CURRENT October 14, 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: 0804007 • PROFFER STATEMENO • PARCEL ID PARCEL ID's: 54A-1-18, 54A-1-19, 54A-1-15B • Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcels TM#54A-1-18 and TM#54A-1-19 from RP to B3, the use and development of the subject property 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 owner and their legal successors or assigns. PROFFERS 1.) Generalized Development Plan The applicant agrees to proffer the Generalized Development Plan (GDP) dated 10/14/08, identified as "Generalized Development Plan, Frederick Block Properties", and which is attached to the Proffer Statement, for the purpose of identifying the general configuration of the proposed commercial development, the location of proposed material storage areas, the location of existing residential uses, and the location of proposed screening along TM#54-A-82 and the existing railroad. Please refer to the attached drawing named "GDP". • 2.) Parcel Usage The applicant agrees to limit any new use of TM#s 54A-1-18 and 54A-1-19 to that of storage (SIC 5211) for materials associated with the operations of Frederick Block. Any future changes in use will address the impacts associated with these changes and shall be prepared in accordance with the requirements of the Frederick County Zoning Ordinance. 3.) Lot Consolidation The applicant agrees to prepare and submit a boundary line adjustment to the Frederick County Planning Department within 90 days of rezoning approval. The boundary line adjustment shall consolidate a portion of TM#54A-1-18 into TM#54A-1-15B to create a larger primary parcel for the operations of Frederick Block. 4.) Zoning Buffers A. The applicant aggress, during the near term, to maintain the existing dwellings on TM#54A-1-18 and TM#54A-1-19 for residential use in order to provide a distance buffer and visual screening for adjacent residential properties and the Route 11, Martinsburg Pike, right of way. In the event that the existing dwellings are no longer used for residential purposes, and that the lots are then used for outdoor storage, then the applicant will comply with all buffer and screening requirements of the Frederick County Zoning Ordinance. B. The applicant agrees to preserve existing vegetation and/or install a single row of • evergreen trees along the adjacent B3 property and MI/railroad property to page 2 PROFFER STATEMEO • PARCEL ID PARCEL ID's: 54A-1-18, 54A-1-19, 54A-1-15B • provide screening of the proposed outdoor storage areas. The screening will be completed prior to the use of the property for materials storage. C. The 50' buffer, previously proffered in Rezoning Application #01-03 and approved by Frederick County Board of Supervisors will be eliminated. The applicant agrees to preserve existing vegetation and/or extend existing screening along the Route 11, Martinsburg Pike, right of way where the existing 50' buffer is being eliminated. 5.) Entrance The applicant agrees that while the existing dwellings on both parcels are utilized for residential use, the common, existing driveway will only serve the two residential structures and will not be utilized for commercial use. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: E • page 3 i • PROFFER STATEME • PARCEL ID PARCEL ID's: 54A-1-18, 54A-1-19, 54A-1-15B Step en C. laughter - Manager Slaughter Properties, L.L.C. /County of 1 f'1G�'1 ��`. Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this 14 day of 200 (VII mk* 1�km- N Bury Public J � Notary Registration Number: My commission expires: page 4 0 • s • I COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Mr. John Lewis P.E. Painter - Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 August 27, 2008 RE: Rezoning Application — Frederick Block — Slaughter Properties, L.L.C. Frederick County, Virginia Dear John: We have completed our review of the rezoning application for the Slaughter Properties, L.L.C. and offer the following comments: 1. Refer to the Site Suitability narrative and conceptual development plan included as exhibit 3: It appears that the proposed development will include the use of only a portion of lot 54A-1-18 for storage. The narrative included under site suitability should be expanded to indicate the future disposition of the single family dwellings located on lots 18 and 19. This discussion should also include abandoning existing wells and septic systems, if applicable. 2. Refer to F. Drainage on page 5: State requirements shall be employed for nutrient removal. Any permitting associated with nutrient removal shall be processed through the Department of Conservation and Recreation. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. Director of Public Works HES/rls / cc: Planning and Development f file T:\rsargent\Rhonda\TEMPCOMMENTS\FREDBLOCKSLAUGHTERPROP,LLCREZCOM.doc 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 September 19, 2008 Mr. John Lewis Painter -Lewis, P.L.C. 817 Cedar- Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Proposed Rezoning of Frederick Block Property Identification Numbers (PINS): 54A-1-18 & 54A-1-19 Dear John: I have had the opportunity to review the draft rezoning application for Frederick Block. This application seeks to rezone two parcels totaling 1.80 acres from the RP (Residential Performance) to the B2 (Business General) District. Staffs review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with commercial and industrial designations. The proposed B3 Zoning is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates to this area. 2. Proffer 2. Parcel 2 limits the use of the parcels to outdoor storage; however, the intent is to leave the existing structures on the site. The proffer fails to address the use of the existing residential structures. This proffer could also be expanded to state that any future rezoning will need to address transportation and all other needs. 3. Proffer 4. Proffer 4 limits the future use of a portion of parcel 18 and all of parcel 19 to residential uses; therefore, if the property owner wishes to utilize the property for outdoor storage in the future, a new rezoning would be required. The proffer could be revised to state that should the existing residences be removed and the site used for outdoor storage, the Route 11 buffer will be provided. The Zoning District Buffer that would be required to screen the adjacent residential property would be implernented with a site plan and, therefore, a proffer to that effect would not be needed. 4. Entrances. A proffer should be provided that states no commercial entrances shall be permitted on Martinsburg Pike for the two parcels and that the two existing residential driveways shall only serve the existing residential structures. 5. Martinsburg Pike Buffer. The existing buffer along Martinsburg Pike should be extended along the 50 feet where the existing wooded buffer is being eliminated. 6. Recorded Plat. Provide a recorded plat for lot 19. 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 ,' 9 6 Page 2 Mr. John Lewis RE: Proposed Rezoning of Frederick Block September 19, 2008 7. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, the local Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 8. Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. 9. Fees. The fee for this application includes a $5,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Fees may change. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Roderick B. Williams, County Attorney FROM: Candice E. Perkins, AICP, Senior Planner' �1 RE: Rezoning Application Proffer Statement DATE: August 26, 2008 Please find attached to this memorandum the proffer statement for the Frederick Block — Slaughter Properties. We would appreciate your review of the Proffer Statement. Thank you for your assistance. cc: John R. Riley, Jr., County Administrator Attachment CEP/bad 107 North Kent Street, Suite 202 m Winchester, Virginia 22601-5000 0 • COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us MEMORANDUM TO: Candice E. Perkins, AICP Senior Planner FROM: Roderick B. Williams Dw County Attorney D DATE: November 3, 2008 RE: Frederick Block/Slaughter Properties, L.L.C. — Proffer Statement bearing revision date of October 14, 2008 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: Introductory paragraph, Proffer 413, and Proffer 4C — All three of these paragraphs should make specific reference to Parcel Number 54A-1-1513, in light of the proffered commitment to extend certain screening within Parcel Number 54A-1-15B. Proffer 4A — The proffer should more definitely clarify/state that no storage will take place on Parcel Numbers 54A-1-18 and 54A-1-19 as long as the parcels are in residential use. The proffer is also ambiguous regarding what constitutes "the near term" during which the existing dwellings on those parcels will be maintained for residential use, although it may be that the particular time period is not material to consideration of the rezoning. Finally, County Code § 165-37(D) requires a Category C buffer between property to be zoned B3 and property zoned RP. Among other things, Category C buffering at a minimum requires an inactive buffer of 75 feet. The proffer and the GDP do not currently provide for an inactive buffer of 75 feet between the proposed B3 Parcel Numbers 54A-1-18 and 54A-1-19 and current RP Parcel Numbers 54A- 1-4 and 54A-1-20. 107 North Kent Street • Winchester, Virginia 22601 Candice E. Perkins, AICP • November 3, 2008 Page 2 Proffer 5 — The proffer does not explain what the status of the existing driveway would be in the event that the residential uses end. 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. 0 MEMORANDUM TO: Candice E. Perkins, AICP Senior P1amler FROM: Roderick B. Williams County Attorney DATE: October 7, 2008 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us RE: Frederick Block/Slaughter Properties, L.L.C. — 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: Introductory paragraph — In the fourth line, the reference to Parcel Number 54-1-19 should be to Parcel Number 54A-1-19. With respect to the final sentence, concerning buffering, my comments appear below, in conjunction with Proffers 4 and 5. Proffer 1 — For clarity, the reference to "a Generalized Development Plan (GDP)" should be to "the Generalized Development Plan (GDP)". Proffer 2 — Again, the reference to Parcel Number 54-1-19 should be to Parcel Number 54A-1-19. Proffer 4 — The adjacent property to the north of the subject properties (Parcel Number 54A-1-20) is zoned R.P. As well, the adjacent property to the west (Parcel Number 54A-1-4) is zoned RP. The proffer appears to be seeking to use the subject properties as their own buffer between the proposed B3 zoning of the subject properties and the RP zoning of adjacent properties. County Code § 165-37(D), however, requires a Category C buffer between property 107 North Kent Street • Winchester, Virginia 22601 Candice F. Perkins, A OF October 7, 2008 Page 2 to be zoned B3 and property zoned RP. Among other things, Category C buffering at a minimum requires an inactive buffer of 75 feet, which the proffer and the GDP do not currently provide for. Therefore, the proffer proposes a condition that is less restrictive than the requested zoning requires. Furthermore, no basis appears to exist for an existing use, on a property to be rezoned, being used to satisfy buffering requirements for a rezoning of that property, initiated by the property's owner, in particular when such existing use would conflict with a requirement for an inactive buffer. Proffer 5 — The proffer proposes "to preserve existing vegetation and/or install a single row of evergreen trees along the adjacent B3 property and MI/railroad property to provide screening", and the GDP indicates "area to be screened" and has a circled number 5 pointing to that notation, but the proffer neither refers to the notation nor to the number on the GDP. Furthermore, a rezoning and any proffers associated with it do not bind other properties, even if they are presently under common ownership. 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 Plan -ring Commission. r--1 LJ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 19, 2008 Mr. John Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Proposed Rezoning of Frederick Block Property Identification Numbers (PINS): 54A-1-18 & 54A-1-19 Dear John: I have had the opportunity to review the draft rezoning application for Frederick Block. This application seeks to rezone two parcels totaling 1.80 acres from the RP (Residential Performance) to the B2 (Business General) District. Staff s review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with commercial and industrial designations. The proposed B3 CZoning is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates to this area. Proffer 2. Parcel 2 limits the use of the parcels to outdoor storage; however, the intent is to leave the existing structures on the site. The proffer fails to address the use of the existing residential structures. This proffer could also be expanded to state that any future rezoning will need to address transportation and all other needs. Z D.. ff . it D- ff - 4 1' I a reel all. f parcel i 9 to ✓. •vii�.i A. i ioi iuiitu the �ltiil-e uae o pol-t107� o parcel 18 and au C, residential uses; therefore, if the property owner wishes to utilize the property for outdoor storage in the future, a new rezoning would be required. The proffer could be revised to state that should the existing residences be removed and the site used for outdoor storage, the Route I 1 buffer will be provided. The Zoning District Buffer that would be required to screen the adjacent residential property would be implemented with a site plan and, therefore, a proffer to that effect would not be needed. 4. Entrances. A proffer should be provided that states no connnercial entrances shall be permitted on Martinsburg Pike for the two parcels and that the two existing residential driveways shall only serve the existing residential structures. 5. Martinsburg Pike Buffer. The existing buffer along Martinsburg Pile should be extended along the 50 feet where the existing wooded buffer is being eliminated. 6. Recorded Plat. Provide a recorded plat for lot 19. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. John Lewis RE: Proposed Rezoning of Frederick Block September 19, 2008 7. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, the local Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 8. Special Limited Power of Attorney. Provide a Power of Attorney for the property owners. 9. Fees. The fee for this application includes a $5,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Fees may change. All of the above comments and reviewing agency continents should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad r 0 4* �-1 MEMORANDUM TO: Candice E. Perkins, AICP Senior Planner FROM: Roderick B. Williams �� County Attorney �✓ DATE: October 7, 2008 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-83 83 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us RE: Frederick Block/Slaughter Properties, L.L.C. — 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: Introductory paragraph — In the fourth line, the reference to Parcel Number 54-1-19 should be to Parcel Number 54A-1-19. With respect to the final sentence, concerning buffering, my comments appear below, in conjunction with Proffers 4 and 5. Proffer 1 — For clarity, the reference to "a Generalized Development Plan (GDP)" should be to "the Generalized Development Plan (GDP)". Proffer 2 — Again, the reference to Parcel Number 54-1-19 should be to Parcel Number 54A-1-19. Proffer 4 — The adjacent property to the north of the subject properties (Parcel Number 54A-1-20) is zoned RP. As well, the adjacent property to the west (Parcel Number 54A-1-4) is zoned RP. The proffer appears to be seeking to use the subject properties as their own buffer between the proposed B3 zoning of the subject properties and the RP zoning of adjacent properties. County Code § 165-37(D), however, requires a Category C buffer between property 107 North Kent Street • Winchester, Virginia 22601 Candice E. Perkins, A* October 7, 2008 a Page 2 to be zoned B3 and property zoned RP. Among other things, Category C buffering at a minimum requires an inactive buffer of 75 feet, which the proffer and the GDP do not currently provide for. Therefore, the proffer proposes a condition that is less restrictive than the requested zoning requires. Furthermore, no basis appears to exist for an existing use, on a property to be rezoned, being used to satisfy buffering requirements for a rezoning of that property, initiated by the property's owner, in particular when such existing use would conflict with a requirement for an inactive buffer. Proffer 5 — The proffer proposes "to preserve existing vegetation and/or install a single row of evergreen trees along the adjacent B3 property and MI/railroad property to provide screening", and the GDP indicates "area to be screened" and has a circled number 5 pointing to that notation, but the proffer neither refers to the notation nor to the number on the GDP. Furthermore, a rezoning and any proffers associated with it do not bind other properties, even if they are presently under common ownership. 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. Frederick Block/Slaughter Properties, LLC - VDOT Comments to Rezoning Page 1 of 1 John Lewis From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Hoffman, Gregory [Gregory.Hoffman@VDOT.Virginia.gov] Sent: Friday, October 03, 2008 8:46 AM To: jill@painterlewis.com; jclewis@painterlewis.com Cc: Hoffman, Gregory; John Bishop; Smith, Matthew, P.E. Subject: Frederick Block/Slaughter Properties, LLC - VDOT Comments to Rezoning Attachments: SCN_20081003084221_001.pdf The documentation within the application to rezone this property appears to have little measurable impact on Route 11. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT has no objection to this rezoning since there are no impacts to VDOT facilities. 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. «SC N_20081003084221 _001. pdf>> Gregory T. Hoffinan, Supervisor Virginia Department of Ti-ansportation Edinburg Residency — Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone #(540) 535-1824 Fax #(540) 535-1846 No virus found in this incoming message. Checked by AVG - http://www.avg.com Version: 8.0.173 / Virus Database: 270.7.5/1705 - Release Date: 10/3/2008 8:18 AM 10/3/2008 From:LIFESAFE 6 25/2008 09:07 #327 P.001/001 ri p - ...... . . v aav Ga., . . .... ... Control number Date received )at reviewed Date Fevi �d RZ08-0011 8/22/2008 3 5/2008 Project Name Applici. it Slaughter Properties, LLC Painte Lo v s. PLC Address City StE ('! 7;p App ica - Phone 817 Cedar Creek Grade, Suite 120 Winchester VJ\ 22601 540.6,3: 1792 Type Application Tax ID Number Fire Dist,,%:t Rescue District Rezoning 54A-1-20,etc. 13 13 Current Zoning Election Distrif RP Recommendation!; Stonewall Automatic Sprinkler System Automatic Fire Alarm System F.esiJential Sprinkler System No No No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Fir: Lane Required Yea Special Hazards No Reviewed By Si.:J!10IUre � 1,4 k) J. Neal 1. Me -- - ---------- �J • COUNTY ®f FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Mr. John Lewis P.E. Painter - Lewis, P.L.C. 817 Cedar Creels Grade, Suite 120 Winchester, Virginia 22601 August 27, 2008 RE: Rezoning Application — Frederick Block — Slaughter Properties, L.L.C. Frederick County, Virginia Dear JoIl is We have completed our review of the rezoning application for the Slaughter Properties, L.L.C. and offer the following continents: Refer to the Site Suitability narrative and conceptual development plan included as exhibit 3: It appears that the proposed development will include the use of only a portion of lot 54A-1-18 for storage. The narrative included under site suitability should be expanded to indicate the firture disposition of the single family dwellings located on lots 18 and 19. This discussion should also include abandoning existing wells and septic systems, if applicable. 2. Refer to F. Drainage on page 5: State requirements shall be employed for nutrient removal. Any permitting associated with nutrient removal shall be processed through the Department of Conservation and Recreation. I can be reached at 722-8214 if you should have any questions regarding the above comments. Sincerely, Harvey E. Strawsnyder, Jr., P.E. ' Director of Public Works HES/rls cc: Plaiuling and Development file T:\rsargcnt\Rhonda\TI MPCOMMENTS\rREDBLOCKSLAUGIITERPROP,LLCREZCOM.doe 107 North Kent Street • Winchester. Virginia 22601-5000 • • Rezonitl _� otr�111ci1ts FI-eClet'ielc County Sanitation Autho;i-ity i�-l"lil to: Frederick County Sanitation Authority Attn: L;n(Iineer P.O. Box 1877 \�vincllestcr. Virginia 22604 (540) 868-1061 Hand deliver to: l redericic County Sanitation Authority Atm: 1 ngineer 31 5 Tasker Road Stephens City, Virginia Applicant: Please till out the information as accurately as possible in order to assist the Sanitation Authority �vjth their Attach a cop), of your application form, location map, proffer' statement, impact analysis, and any other pertltlent illfor111at1o11. Applicant's Name: Telephone: (t�(o 7— \Mailing Address: vi«-- Location of property: �'Inrent zonir]Q: VP Zoning requested: B3 Acreage: Sanitation Authol'it}' CO1111nellts: eel - � Sanitation ALIthOrlty SIgnaLLIre & Date: _ �✓ v� _ _---------- ------ -r Notice to Sanitation ,� ifllorlq, - Please Return This Form to the Applicant 23 Rezoning Comments Frederick -Winchester Sen ice Authority Mail to: bred -Wine Service Authority Attn: Jesse \V. NlofPett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (40) 722- 3579 Hand deliver to: Fred -Nine Service Authority Attn: Jesse W. N/lofr-ett 107 North Kent Street Winchester, Virginia Applicant: PleaSC till ollt the 1601-111atio11 as accurately as possible in order to assist the Fred -\Vine Service ,Authority with theirrevieNw. Attach a coPy ofyour application form, locatio Ulan. proffer statement, impact analysis, and any other pertinent information. Applicant's t lame: ��t(�� ' 1 _ Telephone: iVlailing Address: ��O RL- Jol'11'aa--! S t.ocation of property: �hrt. s��►��— [ � CUITellt Z0111112y: Zoning requested: R-2� Acreage: ` t i'red- V-Iviinc Service Authority"s Comments: Fred-Winc Service Aut Signature Date: _ y,s Notice to t+reel-'ine Service Authority - Please Return Form to Applicant 31 • 0 IE{ redei-ick--Winehestei- Health Department YCIA,. Mail to: Frederick-\-Vincheswr Health Department Attn: Sanitation Engineer 107 North Kent Street \Vincllester, Virginia 22601 (540) 722-34N Hand deliver to: Frederick -Winchester HOT Departmmlt Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Applicant. . pl-, r-11 t ,1"0 ' � ... , �' acc •ota.l. as � ss sic in order to a ss[gt the -�pjnl��lat. r,c�„c ,.1,1 Dill «<., ,:�,,,,,,,a�to.a as «,.,,a;,�,�.,.� �,., pc�.,iL.., Frederick-\Vinchester Health Department Nvith their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: I �i, iiCOtXtQ�'�'L ! • 4� Telephone: D ` 1-., &- - /a 6,1 _ NOW; Address: �'I� Pf 0 _LaI&S Location of Current zoAng:L _.— _— Zoning requested: Acreage: Frederick -Winchester 1lealth Department'S C:oninaciatS: 1,7 Health Dept. Signature & Date: Notice to .Health DepatIment - Please Return This Form to the Applicant 2/1 • eC o ll I ll Frederick County department of Parks & Recreation Mail to: Frcdcrick County lle:parhnent oPParl<s & Recreation 107 North Kent Street Winchester, Virginia 22601 (540) 665-5678 Hand deliver to: "'" _ Frederick County Deportment of Parks & Recreation County Administration Bldg-., 211d Floor 107 North Kent Street Winchester; Virginia Applicant: Please lilt out the infornla6011 as accurately as possible in order to assist (he Deportment of Parks & Recreation \a!ith their revieNw. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent inform ltion Applicant's Name: � L i S LLB Telephone: 540 lnl— «lv l... wfailiml Address Location of property: Lid tl -�1�6L �i` — �G l� s �'7___ -'car- VL_1 IVl rt h' n h i t �r l Pile r),",)Tl i kfoY- Current zoninlr: Zoning requested: _ rD_3Acreage:l ( b Deparin-tee t of Plaj- tis e-c-ri_- i-Joil �C}lliilie.il �< No Comment Pla. �� I)c:c, Signature & Date: ]°Notice to Department of Parks & Recreation - Please Return This Form to the Applicant 21 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 7, 2008 John Lewis Painter -Lewis PLC 817 Cedar Creek Grade Suite 120 Winchester, Virginia 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Slaughter Properties PINs # 54A-1-18 & 54A-1-19 Dear Mr. Lewis: Upon review of the proposed rezoning, it appears that the proposal does not significantly Q 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 property 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 Plarmer I ALP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 • ezoning Co 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 Ra. 522 South) Winchester, Virginia Applicant: flea e Till OUt the I17lor MILi011 aS £1CCLII't11C]31 aS possible lil order to assist the N�Vinchester Regional Airport \with their review. Attach a cope of your application form, location mal), proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Nlailina Address: I.,ocation of' property: Current zoning: Zoning requested: 93 .Acreage: Winchester Reo;ional Airport's C 01111rlents: �kat Winclicster Regional Airport's �i ;nature & Date: ��._.t_.��..��..... ....... .... .... Notice to Winchester Regional Airport - Please Return Form to Appliexnt 28 0 • 'yr�o WINCHESTER REGIONAL AIRPORT SERVING THE 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 �VTHOy (540) 662-2422 October 6, 2008 Jill Fries, Engineering Administrative Assistant Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: Rezoning Comment — RP to B3 Slaughter Properties, LLC — Frederick Block Stonewall Magisterial District Dear Ms. Fries: We have reviewed the proposed Rezoning application and determined that the proposed development plan will not have an impact on operations at the Winchester Regional Airport. While the proposed site lies within the airport's airspace, it does fall outside of the airport's Part 77 close in surfaces. Thank you for your continued cooperation and consideration in the continuing safe operations of the Winchester Regional Airport. Sincerely, v Serena R. Manuel Executive Director 0 0 Superintendent of Frederick County Public Schools 17 J C IM,lif in. F't-CCICFiCk COLIIIIy Public Schools .A.MI: SLIj)CI-iIItCIICICIIt P.O. Box 3508 Wincliester, Virginia 22604 (540) 662-3888 Hand deliver to: 171'CCICI'id(. C01111ty Public SCII001S Attn: Superintendent School Administration Building 1415 Amherst Street Winchester, Virginia ',Applicant: Please fill out UIC information as accurately as possible in order to assist the Superintendent Of., Public Schools with his review. Attach a copy ol'your application corm, location ninp, proffer statement, impact analysis, and any other pertinent information. Telephone: S-Y D - Ce (0-7 — J- -iVailim-, Address: QLLI-w-rJevj�'S iLC -`John levu i inchcs V A ---- Location ol,property: Volt, As bum P, V(T f j� �)f4h - � Current zoning: Zonino requested: Acreage: S perin't"mrdent of ."Jud"ic �cjloo!s' Comments: -- - - -- - - - -- - r . .... .......... . Supel-11-itclICICIlt's Sl()IIItLll'C & Date: �tull-;'I-il Notice to School Superintendent - Please Return This Form to the Applicant 22 • IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for SLAUGHTER PROPERTIES, L.L.C. TM #'s 54A-1-18, 54A-1-19 Frederick Block Route 11 North - Martinsburg Pike Stonewall Magisterial District Frederick County, Virginia August 13, 2008 Prepared for: Slaughter Properties, L.L.C. 1040 Martinsburg Pike Winchester, VA 22602 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: 0804007 • • SLAUGHTER PROP�TIES, L.L.C. TM#'S 54A-1-18, 54A-1-19 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section .M i. INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 6 J. OTHER IMPACTS 6 K. LOT CONSOLIDATION 7 page 2 SLAUGHTER PROPRTIES, L.L.C. • TM#'S 54A-1-18, 54A-1-19 • i.INTRODUCTION Slaughter Properties, L.L.C. (the Owner) proposes to rezone two parcels of land located along Route 11 north between Brooke Road and Park Center Drive in Frederick County, Virginia. The parcels (the site) are currently zoned RP (Residential Performance District) and are identified by the following Tax Identification Numbers: Tax Map No. Area (acres) Ex. Zoning Pr. Zoning 54A-1-18 1.0 RP B3 54A-1-19 .80 RP B3 Total 1.80 The Owner is requesting to rezone the property from RP, Residential Performance District to B3 Industrial Transition District. The total area of the request is approximately 1.80 acres. The intended purpose of the rezoning is to enable the applicant to develop the site for materials storage which will serve the current business that is located adjacent to the site and identified by TM# 54A-1-15B. Please refer to Exhibit 1 on the following page. A. SITE SUITABILITY • The subject parcels are currently used for residential purposes with frontage on US Route 11 just north of the City of Winchester. The parcels are located immediately adjacent to the current Frederick Block retail operations. According to the Frederick County public web site, the long range plans for the area show these lots to be divided between mixed use and industrial use. The Eastern Frederick County Long Range Land Use Plan identifies the parcels for business and industrial use. The site is within the boundaries of the Sewer and Water Service Area as well as the 1 Irhan nevel(lnment Area. Exhibit 2 shows the current conditions at the site and immediate surrounds. The use of the site will be limited to storage as identified in the Frederick County Zoning Ordinance as SIC 5211. The rear portion of TM#54A-1-18 will be consolidated with the adjacent TM#54A-1-15B through a boundary line adjustment. The new, rear boundary line for TM#54A-1-18 will generally coincide with the existing zoning line which splits the zoning on TM#54A-1-15B into B2 and B3 zoning. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0105 B shows that the subject parcel is not in the floodplain. WETLANDS 0 No wetlands have been identified on the site. page 3 SLAUGHTER PROPRTIES, L.L.C. TM#'S 54A-1-18, 54A-1-19 • STEEP SLOPES Steep slopes, as defined by the Frederick County Zoning Ordinance, do not occur within the boundaries of the proposed rezoning area. MATURE WOODLANDS There are no mature woodlands are located within the boundaries of the proposed rezoning area. Some mature specimens exist on the perimeter of the site and some of these trees will be preserved during the construction of future commercial facilities. SOILS The soils on the site are in the Frederick-Poplimento associations. The USGS Soils map shows the predominant soil types on the site are Fred erick-Poplimento Loams (1413) and Frederick-Poplimento Rock Outcrop Complex. These soils are gently to strongly sloping, well -drained, and deep. B. SURROUNDING PROPERTIES The subject parcel is bordered by parcels that are zoned RP, B2, B3, M1, and M2. The locations of these parcels are shown on Exhibit 1. The zoning, owner, and use of each parcel is shown in the table below. Tax Map No. Owner Ex. Zoning Ex. Use 54-A-82 Moffett Investments, L.P., L.L.P B3 Commercial 54A-1-20 David Fahnestock RP Residential 54A-1-21 David Fahnestock RP Residential 54-A-361 Fort Collier Group M1 Commercial 54-A-19 Glover and Sons, Inc. M2 Commercial 54A-1-15B Slaughter Properties, L.L.C. 132/133 Commercial 54A-1-15A Shockev Industries, Inc. M2 Commercial 54A-1-1 Shockey Industries, Inc. B2 Commercial 54A-1-2 Shockey Industries, Inc. B2 Commercial 54A-1-3 Shockey Industries, Inc. B2 Commercial 54A-1-4 Mary Siers B2 Residential 54A-1-5 Shockey Industries, Inc. B2 Residential The Frederick County Zoning Ordinance requires buffers and screening between parcels of different zoning categories. Changing the zoning of the parcels to B3 will require the application of zoning buffers adjacent to the existing RP land. A minimum distance buffer of 100' will be required at this location. The buffer will be provided by maintaining a residential use on TM#54A-1-19. The Ordinance also requires screening of outdoor material storage. This will be accomplished by limiting outdoor storage to the • rear portion of TM#54A-1-18 (which will be consolidated into TM#54A-1-15B) and by the page 4 US ROUTE 11 NEW MATERIALS STORAGE AREA ZONING BOUNDARY PIN 54A-1 —15B 2.02 AC. CSC ��ROAD PIN 54A-1 —15B 2.63 AC. wo APPROXIMATELY 0.66 ACRES OF 54A-1-18 BE CONSOLIDATED INTO 54A-1 —15B PROPOSED SCREENING PIN 54A-1 —18 1.00 AC. (0.35 AC.) RP TO B3 lz PIN 54A-1 —19 0.80 AC. RP TO B3 El Z oo a0 O m � 1� O O m m O } m O W Z O .. W O � D O Ir u Q II w N U ON N �� o� �5 aa� 0 Y 00 p m U V U W w VOW W SEA U J . O (L 0.�to0 N n t\ uj N N I) 3 _ N N N o a WU U o c _�ul'ta J v o � N U U a; O . to t E p Wo r- a u � L � - O U O E U c � li Z�3 w Co Q (L 0V) z of JW W N Z O Z U LLJ SLAUGHTER PROP*IES, L.L.C. TM#'S 54A-1-18, 54A-1-19 installation of a single row of evergreen trees along the exterior property lines portion of TM#54A-1-18 will maintain its current residential use. No significant impact will be made due to the expansion of services. No additional points of access will be required in support of the rezoning. No TIA is required for this project. SEWAGE CONVEYANCE AND. TREATMENT The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county sewer system. Sewer is currently in the Route 11/Martinsburg Pike right of way and can be extended to serve the site. No additional sewage demand is anticipated as a result of this rezoning. WATER SUPPLY The site is inside the limits of the Frederick County UDA/SWSA line. The development will be serviced by the county water supply system. Water is Route 11/Martinsburg Pike right of way and can be extended to serve the site. No additional water demand is anticipated as a result of this rezoning. It is important that the quantity and quality of storm water runoff from the site be preserved or enhanced through the development of the site. Any development on this site can be expected to increase stormwater runoff. Storm water management facilities will be constructed as part of the development of the site to provide peak runoff attenuation as well as nutrient and sediment removal. Any permitting associated with nutrient removal shall be processed through the Department of Conservation and Recreation. SOLID WASTE DISPOSAL FACILITIES Solid waste will be removed from the site by a private contract hauler. It is not anticipated that the generation of solid waste from the proposed commercial development will be increased by expansion of the storage activities associated with the operations of Frederick Block. HISTORIC SITES AND STRUCTURES The subject property does not contain any historic/archeological sites identified in Frederick County and Virginia Department of Historic Resources records. None is on the National Register of Historic Places or the Virginia Landmarks register. None of this site is located within any Civil War battlefield identified in the National Park Services, Study of Civil War Sites in the Shenandoah Valley of Virginia, published in 1992. The SLAUGHTER PROPAIES, L.L.C. • TM#'S 54A-1-18, 54A-1-19 site is located near the historic Fort Collier. See the Civil War Battlefields and Sites exhibit on the following page. There are several historic sites within 1 mile of the site, of these two (2) are identified as potentially significant. The complete list of historical sites within a 1 mile radius of the site and map can be seen on Exhibit 4. 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 Clear Brook Community Volunteer Fire and Company located on Brucetown Road 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. EMERGENCY SERVICES The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $00.00. J. LOT CONSOLIDATION Exhibit 5 on the following page shows. the configuration of the site post rezoning. Lot consolidation will increase the size of TM#54A-1-15B, decrease the size of TM#54A-1- 18, and leave TM#54A-1-19 in its current form. CIVIL WAR SITES N 27'43'41' E H 22'27'38" E 91.0600' 1 4 1.3000' ZONING BOUNDARY PIN 54A— 1 —1 5B 2.02 AC. CSC '�ROAO 2744'13* E 13.9973' US ROUTE 11 N 29'13'1I' E I]J 2c'00' PIN 54A-1 — 1 5B 2.63 AC. M. ■ LOT LINE TO BE ADJUSTED I � 0 PIN 54A-1 — 1 8 1.00 AC. PIN 54A— 1 — 1 9 �. (0.35 AC.) 0.80 AC. RF TO B3 RP TO B3 [�z El n 28'3 129.1' N CV 0.65 AC. 3 W to r` 0 K) :. U Z Z O v Q\ o a m o co O co O m m o x= W > Z O 3 CC J O Q II U w w _ n U O cn (N �g zaW FOSS 0 80 O m U U Y � U OWa 0 La Y U J o a" E N ^ N 3 — C O O W J v�@ U N s E o ,w Lu° 0 L a = Q) U _ Z w CDV) zof Jw LiJ N Z CD O Z U w • GREGORY F. HUTCHINSON ATTOiil�LY AT L4NJ ian gran 00—ST. win,r.�-�r_sTen, vn zsso i 060000442 0 w CO THIS DEED, made and dated this Q day of' , 2�0l� , by and between MILDRED L. WILLINGHAM and FAY A. CLARK, hereinafter called the Grantors; and SLAUGHTER PIZOPERTIES, LLC, a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English Covenants of title unto the Grantee, in fee simple, the following property: All of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereunto belonging, situate, lying and being Stonewall District, Frederick County, Virginia on the east side of U.S. Route No. 11, and more particularly described according to a survey thereof, made by Walter McC. Bond on September 29, 1947 as follows: "Beginning at a stake in the southeastern highway boundary line of said U.S. #11, corner to the recent IA, - OR-28 sq. Po. conveyance to R. A. Sims, running with said highway boundary line N 35 1/2 deg. E-130.0 feet to a stake corner to the recent conveyance to J. R. Denton; thence with a line of the latter S 54 1/2 deg. E-300.00 feet to a stake corner to said conveyance in a line of the other land of the Stine Estate; thence with a line of the said Estate Land S 54 1/2 deg. W-1 19.5 feet to a stake in a line of the recent conveyance to R. A. Sims; thence with a line of the latter N, 56 1/2 deg. W. 300.2 feet to the point of beginning, containing 0.85916 acres"; AND BEING the same property conveyed to Mildred L. Willingham from Mildred L. Willingham and Fay A. Clark by deed dated November 17, 2005 and recorded in the aforesaid Clerk's Office as Instrument No. 050026974. • GREGORY F. HUTGHIN60N AT T.NNLY -,.w ,?49 F3fl�❑OtJL'K ST w�tic�-��sT[n, v<ezea� 0, Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: 'lY1ACri :Y' 6G J(L«i(SEAL) MILDRED L. WIL INGHAM (SEAL) FA A. CLARK STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me in my City and State this ( 0 day of _jW'AaWul L t, by MILDRED L. WILLINGHAM and FAY A. CLARK. ttlfl� t, :.' J0 My Commission Expires: �uwix.r�,-DCCA li)i''.,TY. SCT. r I'ti i It::.irlllflc.lt VI 1JI :ii :y Wi1J p: Waced to file oll ��/ ry &CA _ NOTARY PUBLIC ;sal ,� ht c�a ;i rcatc i;t ackntnai_d CNt11U1t lilCl'ClU u0❑Cx�d w,^,s ad;auttxJ to r:;cord. "i' i�iti�o5a:11'ry St:c. _50.1-502 of 306 r , mid i,acc been paid, if assessable Clerk iN • QRWGORY F. HUTCHINHOM AT TCgNEV TLAW �+ G. UI LaL]OOCK GT, V.nNCH[GTEIT, VA ��p01 01" 080004127 THIS DEED, made and dated this LO day of April, 2008, by and between AIMEE L. LILLARD, hereinafter called the Grantor; and SLAUGHTER PROPERTIES, LLC, a Virginia limited liability company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars, and other valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty and English Covenants of title unto the Grantee, in fee simple, the following property: All that certain lot or parcel of land with all improvements thereon, together with all appurtenances and hereditaments thereunto belonging or in anywise appertaining, lying and being situate in Stonewall Magisterial District of Frederick County, Virginia, being known and designated as Lot 18, Hunter M. Stine Estates Lots, as shown on that certain plat of survey drawn by David M. Furstenau, L.S., dated October 27, 2004, a copy of which is attached to deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as Instrument No. 040022650; AND BEING the same property conveyed to Aimee L. Lillard by deed dated November 3, 2004, from Aubrey L. Lillard, of record in the aforesaid Clerk's Office as Instrument No. 040022650. Reference is hereby made to the aforesaid instruments and the attachments and the references therein contained, for a more particular description of the property hereby conveyed. • HUTCHIN®ON Ai T(]RNL AT__ �.f f,. 1]RACCCCI ST. MNCI IG�TEIi. V/� 22.C1 ." • This conveyance is made subject to all easements, rights of v restrictions of record, if any, affecting the subject property. WITNESS the following signature and seal: (12MEE L. LILLARD STATE OF VIRGINIA, CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me in rr State this q4-h day of April, 2008, by AIMEE L. LILLARD. My Commission Expires: -�s �, 9 MARY PAUABLJOoCommo,WILSON � f Reg.# NOIXRY PUBLIC VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on 'D`� at and with certilicatc ackno%%lodnemenl thereto annexed was�asd,mi�lted to record, 7'ax imposed by Scc. 58.1-sm of and 55,1-sol lave been paid, if assessable. *�� Y9""� , Clerk J • • 040022650 DEED This Deed is made and entered into this 3 day of IL1oV Pin i�PX , 2004, by and between AUBREY L. LILLARD, Grantor, herein called Grantor, and AIMEE L. LILLARD, single, 8 of—ligmG -IXW tnsGcyt511)4;� Wz-x_z_ h� -- Grantee, herein called Grantee, WITNESSETH: That for and in consideration of the sum of TEN DOLLARS ($10.00), cash in hand paid to the Grantor, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell, and convey, with General Warranty and English Covenants of Title, unto the Grantee, in Fee Simple, the following described real estate, to -wit: All that certain lot or parcel of land with all improvements thereon, together with all appurtenances and hereditaments thereunto belonging or in anywise appertaining, lying and being situate in Stonewall Magisterial District of Frederick County, Virginia, being known and designated Lot 18, Hunter M. Stine Estates Lots, as shown on that certain plat of survey drawn by David M. Furstenau, L.S., dated October 27, 2004, which is attached hereto and recorded herewith. TAX MAP #54A-1-18. The aforesaid property is the identical real estate conveyed to the Grantor herein, by deed dated the 16'' day of May, 1997, from Judith S. Beckett, which deed is recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 879 at 1323. • • • • 4 Reference is hereby made to the aforesaid plat, deed, and records for a more complete description and further derivation of This conveyance is made subject to all restrictions, easeme and rights of way of record, if any, affecting the aforesaid real es WITNESS the following signature and seal: Aubre L. Lillard �e STATE OF 671hALJ COUNTY OF , TO -WIT: The foregoing instrument was acknowledged before me th day of J1.locJP.n--%W , 2004, by Aubrey L. Lillard. Notary Public My Commission Expires: 1— W o w Z l� IL V-: o N � z O 0 0 cn • 0 O J �e S 4$045,00 WI 'D �Ip f0"q GARAGE base M1f Rol .c �g ( I,'2 story stone 8 frame F 7- 36.6' M 1/lOG w A. Z oc 0 ld THIS IS TO CERTIFY THAT ON OCTOBER 27, 2004, I MADE. AN ACCURATE SURVEY OF THE PREMISES SHOWN HEREON AND THAT THERE ARE NO EASEMENTS OR ENCROACHMENTS VISIBLE ON THE GROUND OTH�P THAN THOSE SHOWN HEF.EON. oJ� I "v THIS LOT IS LOCATED IN HUD FLOOD ZONE C, AREA OF MINIMAL FLOODING AS SHOWN ON FIRM MAP # 510063 0105 B EFF$CTIVE JULY 17, 1978. I I ii o O O J Z ullllly IIM 0:7 NIL TO LEE ST p" N 3S°30' 00"E I30.,00, pipe fd HOUSE LOCATION SURVEY LOT 18 HUNTER M. STINE ESTRTE LOTS STONEWRLL DISTRICT FREDERICK COUNTY, VIRGINIR �ELLER: LILLARD PURCHASER: LILLAAD DEED REF. DB. 879 P. I323 PLAT REF. DB. 218 P.520 7 .�ASTENAU SURVEYING (540) 662-9323 DATE: OCT. 27. 2004 111 SOUTH LOUDOUN STREET SCALE. r = 40' WINCHESTER, VIRGH4 A 22601 TAX 10. 54A-1-18 EST. 1986 ?AEUB R VA. ASSOC. OF SURVEYORS WO. 0903 0 • i" • • VIRGINIA: FREDERICK COUNTY, SCIP. I his instrument of writing was produced to me on 1/-g- at.? /'I, ind with certificate of acknowledgement thereto annExed was admitted to rewrd. T Imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable Clerk 0 i`� • • VIRGINIA: FREDERICK COUNTY, SCT. This i// n^s�trumentt of writing was produ�ced to/m�e on and with certificate of acknowledgement lher o annexed was admitted to record. T imposed by Sec. 58.1-802 of S , and 58.1-801 have been paid, if assessable 4e" , Clerk 0 is C=). rn o cn M %_0 !� • THIS DEED made and dated this 8th day of May, 2003, by and between SLAUGHTER PROPERTIES, a Virginia Partnership, and STEPHEN R. SLAUGHTER and DEBORAH T. SLAUGHTER, his wife, and STEPHEN C. M \ l� SLAUGHTER, parties of the first part, hereinafter called the Grantor (even though more than one), and SLAUGHTER PROPERTIES,_LLC, a Virginia Limited JLiability Company, party of the second part, hereinafter called the Grantee. WHEREAS, the Grantor herein above has formed a Limited Liability Company known as Slaughter Properties, LLC and in the formation of said company desire to convey the hereinafter described properties to the Grantee. ` NOW THEREFORE, WITNESSETH: That for and in consideration of the benefits to accrue by the conveyances hereby the Grantor does hereby grant and convey with general warranty and English Covenants of title unto the Grantee, in fee n: simple absolute, all of those certain lots or parcels of land lying and being situate along the East side of U.S. Route 11 in Stonewall Magisterial District, Frederick County, Virginia, and more particularly described on Schedule A attached hereto and by this V N N o reference made a part hereof as if set out in full. zz This conveyance is made subject to all easements, rights of way and _o° zw 3 restrictions of record affecting the subject property. m a z This conveyance is made subject to that certain Credit Line Deed of Trust to secure F&M Bank - Winchester, the sum of $90,200.00 which is of record in the x 9 LJ • aforesaid Clerk's Office as Land Record 02-0004252 and which Grantee agrees to assume and pay and save harmless Slaughter Properties from any liability on account thereof. WITNESS the following signatures and seals. CD SC EWMLE A W • PARCEL ONE: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate on the East side of Martinsburg Pike (U.S. Route 11), about one mile North of the City of Winchester, Virginia, in Stonewall Magisterial District, Frederick County, Virginia, containing 0.765 acre, bounded on the North by property designated 54A-1-16, on the East by the property now or formerly of CSX Railroad, and being more particularly described on that certain "Composite Plat of Hunter M. Stine Estate Lots", drawn by Lee A. Ebert, C.L.S., dated January,1951, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 218, at Page 520; AND BEING a portion of the lands acquired by Slaughter Properties, a Virginia General Partnership, by that certain Deed of Assumption pursuant to Will, dated October 1, 1994, of record in the aforesaid Clerk's Office in Deed Book 829, at Page 529. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. Tax Map No. 54A-1-15-D PARCEL TWO: All of that certain lot or parcel of land, together with all improvements thereon and all rights, rights of way, and appurtenances thereunto belonging, lying and being situate on the East side of Martinsburg Pike (U.S. Route 11), about one mile North of the City of Winchester, Virginia in Stonewall Magisterial District, Frederick County, Virginia, containing 1.1 acres, more or less, (this being a conveyance in gross and not by the acre) situate and fronting a distance of 40 feet along the East side of Martinsburg Pike (U.S. Route 11) and extending back in an Easterly direction along its Northerly boundary a distance of 333 feet to the property now or formerly of CSX Railroad; thence • in a Southwesterly direction for a distance of 264.E feet along the property now or formerly of CSX Railroad; thence in a Westerly direction for a distance of 135 feet to a comer of the property now or formerly of Aikens and the property of Slaughter Properties; thence in a Northerly direction for a distance of 227 feet to another comer of said property; thence in a Northwesterly direction for a distance of 152.3 feet to Martinsburg Pike (U.S. Route 11); AND BEING a portion of the lands acquired by Slaughter Properties, a Virginia General Partnership, by that certain Deed of Assumption pursuant to Will, dated October 1, 1994, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 829, at Page 529. Reference is hereby made to the aforesaid instruments and the references therein contained for a more particular description of the property conveyed hereby. 'Tax Map No. 54A-1-15-C 115fl1J.:�Sehedub ASUa ghln P.opcnkxwpd 0 .c- PARCEL THREE: All of that certain tract of land situate in Stonewall Magisterial District, Frederick County, Virginia, lying North of the City of Winchester, Virginia, on the Southeast side of U.S. Route 11 and the Northwest side of the railroad, known as Lot No.16 on a plat of the Hunter M. Stine Estate Lots, designated as Parcel "One" and "Two" on the plat of Lee A. Ebert, C.L.S., attached to a certain Deed of record in the aforesaid Clerk's Office in Deed Book406, at Page 718; AND BEING the same land known as "Parcel Three" in that certain Deed of Assumption pursuant to Will dated October 1,1994 from Stephen R. Slaughter, Executor of the Estate of Ralph E. Slaughter, deceased to Slaughter Properties, a General Partnership of record in the aforesaid Clerk's Office in Deed Book 829, at Page 529. Tax Map No. 54A-1-16 PARCEL FOUR: All that certain parcel of land containing .765 acre, more or less, fronting on the East side of U.S. Route 11 approximately 1/4 mile North of the City of Winchester, in Stonewall Magisterial District, Frederick County, Virginia, fronting on said Route a distance of 229 feet, more or less, having a Northern boundary running North 52°30" West,152.3 feet, more or less, leaving an Eastern boundary running North 35°30" East, 227 feet, more or less, and having a Southernboundary running North 54°30" West, 135 feet, more or less; AND BEING the same land conveyed to Slaughter Properties by Deed date March 7, 1990 from Advertising, Inc., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 740, at Page 634. Tax Map No. 54A-1-15-B • PARCEL FIVE: All that certain strip of land lying and being situate in Stonewall Magisterial District, Frederick County, Virginia, containing 0.728 acre, more or less, more particularly described by plat prepared by Greenway Engineering, Inc., attached to the Deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 705, at Page 433, which strip of land runs from U.S. Route 11 just North of Winchester, Virginia, and extends to the property owned by Chessie System Railroad; AND BEING the same land conveyed to Stephen R. Slaughter, Deborah J. Slaughter, and Stephen C. Slaughter, by Deed dated November 14, 2000 from Ft. Collier Group, L.L.C., a Virginia limited liability company, of record in the aforesaid Clerk's Office as Land Record No. 00-0012667. VT12r_11SfA! FPF.DRRiCK C'Q1.JN'1'Y, SCI'. Tax Map No. 54A-1-17 This instrument of writing was produced to me on g Ply and with certificate of acknowledgement thereto annexed was admitted to r rd. T imposed by Sec. 58.1-802 of 115B9W: SO.d-k ASpd h.0111 Ploplll"w 2 � $ d 58.1-801 have bean paid, if assessable %�'✓ , po _ C7 C:) C1't • • C7 STATE OF VIRGINIA TO -WIT Ca 0 rJ -CY O F FR E 0E R r 0_/( I, O R E r,l 0• L r ^% EN/EA ✓ER , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Stephen R. Slaughter, Partner of SLAUGHTER PROPERTIES, whose name is signed to the foregoing DEED dated the 8th day of May, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 9"9day of May, 2003, My Commission expires 0 e fo 8 e 2 3 1 d o 0 5 ��✓V�iV iJ �N�'U' V-/V —� NOTARY PUBLIC S ATE OF PENNSY VANIA nil #14-41 ! '' OF , TO -WIT I, U56l. i �e,�N. a Notary Public in and for the State and jurisdiction aforesaid, dd hereby certify that Zemma S. Shand, whose name is signed to the foregoing DEED dated the 8th day of May, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand thisday of•J,'2003. My Commission expires ` x 1 LX A, 2663. aWeco-si,,gJ n,pct—i,u-C%Td NOTARY ,— F__ Notea Seal W. nwnoy-Makin, Notary PuWlc My Clom�.JOn�ExlilrL� Suer Cointy ept. 28, 26d3 • • 0 0 c.n N STATE OF VIRGINIA Ty 9F 3 .Ti"�Trcl TO -WIT CaJ�I��of FRe R+�K I, iA R E ri 0. L + a E vJ E A ✓E P, _, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Stephen C. Slaughter, whose name is signed to the foregoing DEED dated the 8th day of May, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this la"'9day of May, 2003 ,. Y .• My Commission expires o c (o 6 e (_ :.: o o., NOTARYPUBLIC r•..... • '�� STATE OF VIRGINIA G1411Y ())F 1 ZING ESTER, TO -WIT CoJnitY o f (R60ER+C)L I, w E *j 0 • [ W EyJ E A ,J E K , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Stephen R Slaughter and Deborah J. Slaughter, his wife, whose names are signed to the foregoing DEED dated the 8th day of May, 2003, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this Vp day of May, 2003.( My Commission expires 0 C (o B F (L 3 i a D o S NOTARY PUBLIC &WEED-Shught,r NopuUu to LLC.wpd C� PJ 1-I sz BovK 2o5 VIRCMi IA YHEDERICK COUNTY, (SCT. This instrument of writing was produced to me on the 29th day of Yay 1948 at 9:15 A. I.A. and with certificate of acknowledgment thereto annexed was admitted to record. 0 '797A �Jffll #712 °E 1. FRED STI14E, 1S`1_' ALS TO .. .. .. DEED CLARA h. TAVE!@ER �F _, 1� pppppp�� iHc;i•;�tii•:F:�:.h'F':c:ci:—�:c�%Fic�i:.:r#•iE-:cic#ic:r..�i;d::c::iF ThIS JEED, made this 8th day of May, in the year 1948, Zo between I. Fred 6tine, Kerman B. Stine and i'.:ary helen Stine Ives, of the one part, here- inafter called the Grantors, Shirley 0. Stine, the wife of I. tied ;tine, Kathryn D. Stine, 7� the wife of Herman B. Stine, and Lionel I11-. Ives, the husband of 1ary helen Stine Ives, of the second part, hereinafter called the Spouses, and Clara H. `I'avender, of the third part, hereinafter called the Grantee. _WI`PNESSETH: 'that for valuable considerations, receipt of which are hereby :Icknowledged, the Grantors do grant unto the Grantee, with general warranty of title, all that certain lot, situate in Stonewall District, Frederick County, Vir�,inia, on the Last side of U. S. Route rr '11, and being more particularly described in a plat and survey ;nade by Walker 11,cC. Bond September 29, 1947, which plat and survey are hereto attached and made a part of this deed. This is a part of the same tract of land of which Isaac Stine died seised and possessed and which passed by his last will and testament, of record in the office of the Clerk of the Circuit Court of Frederick County, Virginia, in .dill Book 43, at page 139, to hunter 11. Stine for life, and then to the children of hunter I.�. Stine in fee. hunter N1. Stine is dead, and the Grantors are all of the children of hunter !,% Stine. For a further description of said property reference is made to the attached plat and said will. The Spouses join in this deed for the purpose of relin- quishing their rights to dower and curtest' therein, and to that end do grant and convey unto the Grantee all of their right, title and interest in and to said lot. This conveyance is made subject to the following re- strictions, which restrictions are made covenants real running with the land, and are for the benefit of the remaining land of which the Grantors acquired possession under the said will of Isaac Stine, and which is located along U. S. Route # 11, part of which land has heretofore been conveyed in lots, and the remainer of which is still held by the Grantors. For the purpose of binding herself, her heirs, executors and assigns to these restrictions, the Grantee joins in this deed. 1. The lot hereby conveyed, and all buildings erected thereon, shall be used only as a private dwelling for one family, and such buildings as 0 • y33 :may be erected thereon shall not be used for boarding houses, apartment houses, tenement houses, or for any business purposes, except that of operating a tourist house. This covenant shall not prevent the owner of this lot from erecting and using such detached 'buildings as are customarily used in conjunction with a private dwelling, such as a garage. 2. Before the lot hereby conveyed may be used for ;residential purposes, a septic tank for sewage disposal shall be erected and maintained thereon, such tank to meet the Virginia State requirements. 3. No dwelling may be erected upon the lot hereby con- veyed unless the cost thereof shall be more than $5,000.00. 4. 1�o livestock, except poultry for home use, and domestic pets such as dogs and cats, may be kept on the lot. 5. Not more than one dwelling shall be erected on this lot. 6. This lot shall not be occupied, sold, leased or rented to any negro or person of negro descent. 7. M building shall be erected and located on said lot within 75 feet of the property line along U. S. Route #11. The Grantors covenant that they have the right to con- vey said lot to the Grantee; that the Grantee shall have quiet possession thereof, free from encumbrances; that they have done no act to encumber the same and that they will execute such further assurances of title as may be requisite. '�Iitness the following signatures and seals the day and year first above written., I. FPED STILE (SLAL) REVENUE STA,"PS $2.20 ShIRLEY 0. STIIiE (SEAL) CAiv CELLED hEffliAN B. STINE (SEAL) KA`iHRYIV D. STINE (SEAL) ivARY BELEIu STIiiE IVLS (SEAL) LIONEL DI. IVES ( SEAL) CLARA ri. TAVEivDER (SEAL) STATE OF VIRGIINIA, CMTY OF FRLDERICK, to wit: I, Helen Funkhouser, a notary tublic of and for the State and County aforesaid, do certify that I. Fred Stine, ahirley 0. Stine, merman B. Stine, and Kathryn D. Stine, whose names are signed to the foregoing instrument, bearing date of the 8th day of May, 1948, have this day appeared before me in my County aforesaid and acknowledged the same. 2+4y commission expires October 26, 1949. Given under my hand this 15th day of l4ay, 1948. hELEN FUMOUSER lio ary eubiic • 0 qsH STATE OF I-.aSSACHUSETTS COITNTY OF EAI'."PSHIRE, to wit: I, hose Charlotte Lizotte, a ivotary Public of and for the State and County aforesaid, do certify that Hary t1.elen Stine Ives and Lionel I".. Ives, whose names are signed to the foregoing instrument, bearing date of the 8th day of Iviay, 194,8, have this day appeared before me in my County aforesaid and acknowledged the same. My commission expires September 18, 1953. Given under my Land and seal this 8th day of 'ay, 1948. (SEAL) STATE OF VIRGINIA, COUi-TY OF FltEDEiAICk, to wit: ROSE ChARLJTTE LIZOTTE ivo ary uo is I, Helen Funkhouser, a ivotary Public of and for ttie State and County aforesaid, do certify that Clara H. 'lavender, whose name is signed to the foregoing; instrument, bearing date of the 8th da-r of Ivay, 1948, has this day appeared before me in my County aforesaid and acknowledged the same. AMy commission expires Jctober 26, 1949. Given under my hand this 8th day of I,11ay, 1948. RECENT CONVEYANCE , o T 0 a J• R • DENioN TA K E JTA k E a S6*%iE -30o.a' 4, M Q. D-859/ 6 A. a h h M IELcN FUI KhOUSER Notary Public uJ CC ZW -- z �a rJS6'/z° W 300 •2 v� -K yF- -i- rAKe POST) STAKE— RECEN7 CC>NVE`(A NCE T o R. A. 5 I M S 0 R_ Z 5S-K.Pe•_ — The above Plat is a Survey of a lot or small parcel of the hunter iu;. Stine Estate Land, situate and lying: in Stonewall I•:iagisterial District, Frederick County, State of Virginia. Said parcel fronts on the southeast highway boundary line of the Winchester - iartinsburg Pike - U. S. � 11 about One (1) mile north of the City of 'Vinchester, Va. beginning at a stake in the southeastern highway boundary 'line of said U. S. #f 11, corner to the recent 1 A. - 0 R. - 28 Sq. Po. conveyance to R. A. Sims, running with said highway boundary line N 3520 E - 130.0 ft. to a stake corner ,to the recent conveyance to J. R. Denton; thence with a line of the latter S 5420 E - ,300.0 ft. to a stake corner to said conveyance in a line of the other land of the Stine Estate; thence with a line of said Estate Land S 35a° ud - 119.5 ft. to a stake in a line of the recent conveyance to R. A. Sims; thence with a line of the latter Iv 5620 W - 300.2 ft. to the point of beginning. Containing----0.85916 Acres. Surveyed ----- Sept. 29, 1947. V IRG IN IA FREDERICK COUDTY, (SCT. VVALKER MCC. BOND. C.E. This instrument of writing was produced to me on the 29th day of 3+lay 1948 at 9:30 A. Ir'. and with certificate of acknowledgment thereto annexed was admitted to record. 0 a (� e u— CLERK rf713 FRED h. Ivl?DAGAIi, ET UX ?F EDWARD D. STAItTGId,A'� LT UX ?F t cxd. A .De// ✓eI &1W,9 id ThiS DEED made this 6th day of Yay, 1948, between Fred St4,f, SUn e r.. T:.ada-an and Mildred C. Y�adag;an, his wife, parties of the first part, and Edward D. 17u Startzman and Kilda Iti. Startzman, his wife, parties of the second part; Witnesseth, that in consideration of the sum of Ten ($10.00) Dollars in hand paid to the said parties of the first part at and before the sealing and delivery of this deed, the receipt whereof is hereby acknowledged, and other good and valuable consideration, the said parties of the first part does grant, sell and .convey unto the said parties of the second part, with general warranty of title all of the following lots located or situated in nanover Lodge Sub -Division, Frederick Counter, Virginia as per plat of Sub -Division duly recorded in the Clerk's Office of said county in Deed nook #202, page ##380, and -being the same identical lots conveyed to the grantors, herein, by deed dated 13th day of Oct. 1948, by 'd'd. 0. Beatty and wife and recorded in Deed book #203, page # I. Lots T'l, #'2-A, 42-B jT'13-A, and 43-B, #4-A, and #t4-B, ##5-A and 145-B with all easements, rights of way and appurtenances thereunto belonging. it is mutually agreed and ui,derstood that the parties of the first part convey said lots jointly, to the parties of the second part. The aforesaid grantors covenants that they have the right to convey the said land to the aforesaid grantees; that the said grantees shall have quiet possession of the said land, free from all encumbrances; that they have done 0 0 Page 1 of 1 Camra Database ID Number 54A 1 19 �cel rd Number 0014361 Owners Name SLAUGIITER PROPERTIES LLC Owners Name Continued Owners Address PO BOX 696 Owners Address Continued WINCHESTER VA ZIP 22604 Acreage 0.8 Zoning RP Total Improvments 180900 Total Land Value 60000 Total Property Value 240900 Physical House Number 1098 Physical Street Name MARTINSBURG PIKE Deed Book Number Deed Book Pagc Number 0 Instrument Year 2006 Instrument Number 442 Building Sq Pt 2610 Month Last Sold 1 Day Last Sold 6 Year Last Sold 2006 Selling Price 300000 al Description .80 ACRE • lhttn://p-is.co.li-ederick.va.us/Freeanee/Client/PublicAccess l/tnrinthrame.html 5/9/2008 ViewDetail 0 0 Real Estate Public Inquiry Ticket Detail • 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: [-- 7 20001FRQ:F Sup#: C Name: SLAUGHTER PROPERTIES LLC Account#. 14361 Name 2: F Map#; 54A 1 19 Address: PO BOX 696 Description: 80 ACRE WINCHESTER VA Bill Date 20080605 Due Date: 06/05/2008 Land: $60 000 Original Bill:F $632 37 Penalty Paid:. „ _ Amount Owed: Total Owed: F� Improve: F $180,900, Use: Payments: Acres: 0.180 Int Paid: Other: F-7 3 Last Date: 05/28/2008, 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 Nvebsite again. • • Date f, pe rransaction Anlotult Balance 6/5/2008 Charge 0 $632.37 $632.37 5/28/2008 Payment 57388 ($632.37) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this New Search Previous Page 1 of 1 htt„c //tour c rn PrC-.Hexinlc.w.ns,/Atin Iications/REPubIiclnquiry/ViewDetail.aspY 8/12/2008 0 4 Camra Database el ID Number 54A 1 18 rd Number 0014360 O vv aers Name LILLARD Owners Name Continued Owners Address 310 DELM1 Owners Address Continued WINCHES - ZIP 22602 Acreage 1 Zoning RP Total Improvments 128700 Total Land Value 60000 Total Property Value 188700 Physical House Number 1086 Physical Street Name MARTINSI Deed Book Number Deed Book Page Number 0 Instrument Year 2004 Instrument Number 22650 Building Sq Pt 1782.4 Month Last Sold 11 Day Last Sold 4 Year Last Sold 2004 Selling Price 300000 al Description 1.00 ACRE • htt»:IIpis.co.frederick.va.us/Preeance/Client/PublicAccessl/printPranie.htinl 5/9/2008 ViewDetail 0 0 Real Estate Public Inquiry Ticket Detail • 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: F2 20001 FRQ: 1F Sup#: 0 SLAUGHTER PROPERTIES LLC Account#: 14360 Name: _ ..._.. Name 2: Map#: 54A 1 18 Address: 1040 MARTINSBURG PIKE Description: 1 00 ACRE WINCHESTER VA 22603 Bill Date 20080605 Due Date: 06/05/2008 Land: F $60 000 Improve: F _ $128,700 i Use: _.� Original Bill: $495.34 payments: $495 34- Acres: 1 00 z Penalty Paid: Int Paid: Other. _. ;Last Date: 05/28/2008, _. Amount Owed: ,, _v_ Total O`��ed: Penalty:.. .. ; Interest: Note that il'payment has been received within the last time Pleatie check the website again • • 10 business days, any returned items may not be posted at this Date � Type Sri-ansactio❑ # Amount Balance 6/5/2008 Charge 0 $495.34 $495.34 5/28/2008 Payment 57389 ($495.34) $0.00 1 7 �.. .. se the print key for your browser to print a copy o,rx taxes paid xva ratio ,New Search Previous Page 1 of 1 on f'rPr1r-�rir1! -un„-,/Annlications/RE-Publiclnquiry/ViewDetail.aspx 8/12/2008 f 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: November 17, 2008 The amount of $50.00 was deposited in line item 43-010-019110-0008 for Frederick Block. Painter & Lewis had a deposit for one sign for Rezoning #09-08 for Frederick Block. 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: Painter -Lewis, PLC 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 co m co 7 cl 0 nlMl�► -v- - U Q rr DATE `l� Da NO. l2 • • • AMT. OF CASH ACCOUNT AMT. PAID T8O CHECK sk- a� a E fW :— MONEY p i('r I �yE ORDER D A , OL" ,4ett`1 ,♦std♦ct oaf°4e�g� ve state. saict ,�yi4�t s cetnf♦cat♦°o iab♦e °f e � exP�at♦O� °C°�issiO'�et � die biUedby Aadceg as�ec ��f1io n� ire ceaetiy 0oBoP��60Q�0225 � tttcf'e�SAol bb5.5b�� Aad�ck''aUs Booaoff@i �!!.i A�°- �♦eTtea a ttTO offa1♦re .»" �°naay may be its . i°c " .. • " ` O� 410 ".•" 1,10E1`ia Its G VAa belief' j° T A X R E C E I P T R,qv, Statemeka°,N1eag ljeg tEDERICK COUNTY etfiat st°fray egg / -. WILLIAM ORNDOFF, JR ot0 thco Sor P.O. BOX 225 Ugea50�/ WINCHESTER VA 22604-0225 S`�°atuCe e SIGN DEPOSITS PLANNING Sg DEPT OF PLANNING Ticket 4:00006130001 Date : 10/15/2008 • Register: CAL/CALS1 Trans. #: 3544.5 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by DEPT OF PLANNING Check 5580.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 10/2008 I Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 office .painteriewis.com November 6, 2008 Ms. Candice Perkins Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: FREDERICK BLOCK PIN #'s: 54A-1-18, 54A-1-19 REZONING APPLICATION Dear Candice, Enclosed, please find for final submittal, the following information for the rezoning application listed above: • Revised proffer statement representing the requested changes in your email dated 11/6/08. Please note that Proffer #5 has been revised since your review on 11 /5/08. Please do not hesitate to contact this office if you would have any questions or need additional information. cerely, Ji rie Engineering Admin. Assistant PAINTER-LEWIS, P.L.C. Enclosure JOB NUMBER: 0804007 Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 office@painterlewis. com October 14, 2008 Ms. Candice Perkins Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: FREDERICK BLOCK PIN #'s: 54A-1-18, 54A-1-19 REZONING APPLICATION Dear Candice, Enclosed, please find for final submittal, the following information for the rezoning application listed above: • Revised proffer statement and GDP representing the requested changes in your email dated 10/14/08. • The deed and plat for parcel 54A-1-19. • The deed and plat for parcel 54A-1-15B. Please do not hesitate to contact this office if you would have any questions or need additional information. Sin, cere�y, Fri Engineering Admin. Assistant PAINTER-LEWIS, P.L.C. Enclosure ACT 1 4 2008 JOB NUMBER: 0804007 Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 540-662-5792 office cDpainteriewis.com October 10, 2008 Ms. Candice Perkins Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 RE: FREDERICK BLOCK PIN Vs: 54A-1-18, 54A-1-19 REZONING APPLICATION Dear Candice, Enclosed, please find for final submittal, the following information for the rezoning application listed above: • A Rezoning Application signed by the applicant and owner. • A Special Limited Power of Attorney signed by the owner and notarized. • A signed and notarized version of the Proffer Statement • A fee check, in the amount of $5,180.00. • Agency comment/approval forms. • A check, in the amount of $50, for the sign deposit. Please do not hesitate to contact this office if you would have any questions or need additional information. Sincerely, Jill Fnes Engineering Admin. Assistant PAINTER-LEWIS, P.L.C. Enclosure r r.-r 1 0 JOB NUMBER: 0804007 . 7 , oil It v- '�' 1 y 1 R.� •'�' �op 40 f 10-23-2008 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 29, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 409-08 FOR FREDERICK BLOCK On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, November 12, 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 #09-08 for Frederick Block, submitted by Painter -Lewis, PLC, to rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District, with proffers, to accommodate storage of materials and to revise the proffers for Property Identification Number 54A- 1-15B. The properties are located at 1086 and 1098 Martinsburg Pike (Route 11 North), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 54A-1-15B, 54A- 1-18 and 54A-1-19. Any interested parties having questions or wishing to speak may attend this public hearing. 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, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 This is to certify thaYo the attached correspondence was mailed to the following on o from the Department of Planning and Development, Frederick County, Virginia 54A - 1- - 18- SLAUGHTER PROPERTIES LLC 1040 MARTINSBURG PIKE WINCHESTER VA 22603 Painter -Lewis PLC 817 Cedar Creek Grade, Ste. 120 Winchester, VA 22601 54 - A- - 82- MOFFETT INVESTMENTS LP LLP PO BOX 2870 22604 2070 WINCHESTER VA 54A - 1- - 20- FAHNESTOCK DAVID A 1118 MARTINSBURG PIKE WINCHESTER VA 22603.5424 54A - 1- - 1- SHOCKEY INDUSTRIES INC PO BOX 2530 WINCHESTER VA 22604.1729 54 - A- - 36.1 FORT COLLIER GROUP 6231 LEESBURG PIKE STE 600 FALLS CHURCH VA 22044-2100 54 - A- - 19- GLOVER JOHN D & SONS INC PO BOX 2761 WINCHESTER VA 22604.1961 54A - 1- - 4- SIERS MARY M 590 ROUND HILL RD WINCHESTER VA 22602.2210 Candice E. Perkins, enior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do 1 •eby certify that Cand' e E. Perkins, Senior Planner for the epa ment of Planning and Development, whose name is signed to the foregoing, dated / G , has personally appeared before me and acknowledged the same in my State/anditounty aforesaid. Given under my hand this My commission expires on AEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC COMMONWEALTH OF VIRGINIA Y OM ISSION EXPIRES JULY 31, 2011 NO'IMP 91LIC a `' COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING October 24, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #09-08 FOR FREDERICK BLOCK On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 5, 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 #09-08 for Frederick Block, submitted by Painter -Lewis, PLC, to rezone 1.8 acres from the RP (Residential Performance) District to the B3 (Industrial Transition Business) District, with proffers, to accommodate storage of materials and to revise the proffers for Property Identification Number 54A- 1-15B. The properties are located at 1086 and 1098 Martinsburg Pike (Route 11 North), in the Stonewall Magisterial District, and are identified by Property Identification Numbers 54A-1-15B, 54A- 1-18 and 54A-1-19. Any interested parties having questions or wishing to speak may attend this public hearing. 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, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 This is to certify that the attached correspondence was mailed to the following on 10 '2 Upi from the Department of Plarming and Development, Frederick County, Virgini : 54A - 1- - 18- SLAUGHTER PROPERTIES LLC 1040 MARTINSBURG PIKE WINCHESTER VA 22603 54A - 1- - 15-B SLAUGHTER PROPERTIES LLC PO BOX 696 WINCHESTER VA 22604.0696 54 - A- - 82- MOFFETT INVESTMENTS LP LLP PO BOX 2870 WINCHESTER VA 22604.2070 54A - 1- - 20- FAHNESTOCK DAVID A 1118 MARTINSBURG PIKE WINCHESTER VA 22603.5424 54A - 1- - 21- FAHNESTOCK DAVID A 1118 MARTINSBURG PIKE WINCHESTER VA 54A - 1- - 1- SHOCKEY INDUSTRIES INC PO BOX 2530 WINCHESTER VA TATF OF VIRGINIA 22603.5424 54A - 1- - 2- SHOCKEY INDUSTRIES INC PO BOX 2530 WINCHESTER VA 22604.1729 54A - 1- - 3- SHOCKEY INDUSTRIES INC PO BOX 2530 WINCHESTER VA 22604.1729 54A - 1- - 4- SIERS MARY M 590 ROUND HILL RD WINCHESTER VA 22602.2210 54A - 1- - 5- SHOCKEY INDUSTRIES INC PO BOX 2530 WINCHESTER VA 22604.1729 54A - 1- - 6- SHOCKEY INDUSTRIES INC PO BOX 2530 WINCHESTER VA 22604.1729 22604.1729 Candice E. Perkins, Senior Planner Frederick County Planning Dept. COUNTY OF FREDERICK I, 7 �C.rY�GG D I , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated 10/ ;,1 - /0 ) , has personally appeared before me and acknowledged the same in my State find County aforesaid. Given under my hand this day of My commission expires on NOTARY PUBLIC 0:24 Zz] Ll )q 5YA-- /- / SB TCWRBARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please rint sets of ab_els by ©� THANKS! 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: ,S(ouuhtfr Prooff h-cs LLC 6. A) Current Use of the Property: RP - Nf s (ci F n bal B) Proposed Use of the Property: 7. Adjoining Property: 133 6 lC' 3"5 Z. I I PARCEL ID NUMBER USE - ZONING 9;4-A- 8.-� Cbmmcruol 93 S4A -- I - D4 ✓ (esidcn het) RP S4A- I -a! RP SSA - - --- �/aCczh t a SNA- - ,/ vacant - 5qA Ba S-VA -/-5 ✓ resiVenhui 9(A - I - to 5=i-A - 3W iYs,clenh'a.i Industrial RP M I �j 8. Location: The property is located at (give exact location based on nearest road and distance / from nearest intersection, using road names and route numbers): '0 -A - I I ", 10916 CU 1 d / // North II AkAPBARA-DATA PROCESSING FROM : BEV - PI nning Dept. S T 4 �— /g> �� Plen rint sets of 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: �-Opff f -es, LLC 6. A) Current Use of the Property: R P -- P es (e1(,1) to"I B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER 54-A- 8-� 54A I - aO - �54A- -3 �3 SIG SZII USE Cbmmerool resider) h'a l tesi'dcnfi'u ✓Dean t va Can t - res, d en haj �S -I- A -/- 57 res N&O PIP -,%A - r - U rri,d en t a&) /RP ,A SV-- 3Id In dusft-1 o / 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Sy ',A - I 1 /0 g16 Qj1 Cj / // North I ZONING 133 RP 2P a I� a a NOJ Document Approval Form OrT 1 0 2008 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 Mike John Amber COMMENTS: Received by Clerical Staff (Date & Time): �S CO 11�15�0 % U:\Pam\Common\Document Approval Form.wpd