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REZONING CHECKLIST
The application is not complete if the following are not present:
SUBMISSION PACKAGE
1. Comment sheets from the following agencies along with
any marked copies of the plan:
VDOT IYA City of Winchester
)V9 Co. San. Auth. �� Co. Health Dept.
��- Inspection Dept. /Y� Parks h Recreation
Fire Marshal I/A Airport Authority
_ County Attorney _V Co. Engineer
2. Application Form 6. 1/` Taxes paid statement
3. Location Map 7. Sign received
4. Survey 8. _� Fees paid
S. Deed 9. _ Impact statement
10. �� Proffer statement
TRACKING
DATE
4 z-g� Application Received
Consultation held with Planning staff
L1 Rezoning reviewed by Zoning Review Committee
Adjoiner notifications mailed for PC public hearing
5 1. 96 Rezoning heard by PC (Action )9ppro yo& )
Memo to BOS re: date for public hearing
6 1 qiT Rezoning heard by BOS (Action r JO- )
',L Ordinance of amendment with conditions proffered prepared for
County Administrator's signature
0U-4-qG Zoning map amended
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COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX:540/678-0682
June 13, 1996
Dr. Raymond L. Fish
Kingdom Farm
174 Warm Springs Road
Winchester, VA 22603
RE: REZONING #002-96 OF DR RAYMOND L. FISH: PIN's 33A-164 AND 33-A-165
Dear Dr. Fish:
This letter is to confirm action taken by the Frederick County Board of Supervisors at their
meeting of June 12, 1996.
Your application for the rezoning of 4.7 acres, from B2 (Business General) to B3 (Industrial
Transition) and 7.3 acres from RA (Rural Area) to B3 (Industrial Transition), has been
unanimously approved with the proffer of $1,650.30 (to be paid prior to the issuance of a
Certificate of Occupancy for any use on the property) for impacts to the Clearbrook Fire and
Rescue Company.
If you have any questions regarding the approval of this rezoning, please feel free to call this
office.
Sincerely,
. 1�_
Kris C. Tierney, AICP
Deputy Director
KCT/cg
cc: Commissioner of Revenue
107 North Kent Street - Winchester. Virginia 22601-5000
approved comment sheets are required rrom the following review
1. One set P roval_ It is recommended that appricxnis contact
agencies prior to final site plan app
artment of planning and Development
to determine which review agencies
the Dep lication. _
are relevant to their site Plan app
ViTghia DepaMent of TMnsportadon NDOT)
_ Frederick Court'/ S Ai'ft*
Department of PWnrdng and Development
_ trtspectians Dq=tnent
Frederick County 6V'r(public Works)
Frederick County Fro Marshal
Dept t of Parks and Raaeatron
_ 2. One copy of the Site Plan appr=bon
3. Five Copies of the Final Site Plan for approval
4. One reproducible copy of the Site Plan (if required)
5_ A 35mm slide of the Site Plan Cif required)
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Town of Stephens City
Town of Middlet awn
Airport Arr&*&Y
Sol & Wat9r conservation District
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COUNTY of FREDERICK
Department of Planning and Development
107 North Kent Street, Suite 202 . Winchester, Virginia 22601-5000
Telephone: 540/665-5651 FAX:540/665-6395
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Date Time Destination Mode TXtime Page Result User Name No.
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TO: Finance Department
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
MEMORANDUM
FROM: Beth Ann Hall, Clerk Typist III
SUBJECT: Return Of Sign Deposit
DATE: June 20, 1996
The amount of $25.00 was deposited in line item #10-1911-08 for Dr. Raymond Fish, rezoning
application #002-96 sign deposit fee. The applicant has returned the sign and is therefore entitled
to the return of their deposit. Please send a check in the amount of $25.00 to:
Dr. Raymond Fish
174 Warm Springs Road
Winchester, VA 22603
Please contact me if you have any questions.
RSA/bah
107 North Kent Street • Winchester, Virginia 22601-5000
0
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PC REVIEW DATE: 5/1/96
BOS REVIEW DATE: 6/12/96
REZONING APPLICATION 4002-96
Dr. Raymond L. Fish
(Kingdom Farm)
To Rezone 4.7 Acres from B2 (Business General) to B3 (Industrial Transition) t).
and 7.3 Acres from RA (Rural Area) to B3 (Industrial Transition)
LOCATION: This property is located at the southeast corner of the intersection of Interstate 81 and
Route 672 in Clearbrook.
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBER: PINS 33-A-164, 33-A-164C and 33-A-165
PROPERTY ZONING & PRESENT USE: Zoned B2 (Business General) and RA (Rural Areas);
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RA (Rural Areas); Land Use:
Residential
PROPOSED USE: Animal Hospital and Beverage Warehouse
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objections to the rezoning of this property. Prior
to development, this office will require a complete set of construction site plans which detail
entrance and street designs, drainage features, and traffic flow data from the I.T.E. Manual,
5th Edition for review. 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 Marshal: Applicant is requested to adhere to Capital Facilities Impact model for Fire
and Rescue proffers.
C, I
46
Dr. Raymond L. Fish REZ #002-96
Page 2
May 21, 1996
Fire Chief: Request retaining pond or above -ground water storage for fire department use
be constructed, size to be determined by Fire Marshal's office.
Health Department: The Health Department has no objection to the proposed rezoning.
Applicant will be required to have sewage disposal permits for each lot prior to subdivision
or issuance of building permits.
Engineering/Public Works: We have completed our review of the proposed rezoning of the
property designated as Parcels 33-A-164C and 33-A-165 from B2 and RA respectively, to
B3. We do not have any specific objection or comments related to this rezoning. However,
some of the same comments made during our review of the preliminary master development
plan will be applied to the rezoned property at the time of the submission of individual site
plans. A copy of these comments are attached for your review. See attached letters from
Ed Strawsnyder dated April 10, 1996 and November 27, 1995.
County Attorney: Proffers appear to be in proper form.
Planning & Zoning:
Location: The property referenced by the application is outside of both the Urban
Development Area (UDA) and the Sewer and Water Service Area (SWSA). There is a water
line along Route 11 to the east of the subject property. The property is in very close
proximity to the Interstate 81/Route 672 interchange and has frontage along the Winchester
and Western Railroad. Interstate 81 and the rail line tend to isolate the parcel from uses to
the east and west.
Site Suitability: There is a portion of the property that would be considered flood plain
and/or wetlands along Clearbrook Run. This area will need to be delineated prior to any
development of the tracts. There appear to be no other environmentally sensitive areas as
defined by the Zoning Ordinance present on the site.
L
Dr. Raymond L. Fish REZ #002-96
Page 3
May 21, 1996
The Comprehensive Plan makes a number of statements related to future business and
industrial areas. Two that appear relevant are:
► "Though some business and industrial uses are located outside of the Urban
Development Area and Sewer and Water Service Area, in the future
proposals for such uses outside of these service areas should be given careful
consideration."
► "New industrial uses should be located near interchanges and in the vicinity
of the existing industrial areas and parks where appropriate access and
facilities are available. These areas should be in the form of carefully
planned industrial parks. In general, industrial development will follow the
Interstate 81 and rail corridors."
Potential Impacts: Though the area is outside of the UDA and SWSA, four of the 12.02
acres are already zoned Business General (132), as is a separate parcel lying adjacent and to
the north. Impacts anticipated as a result of Industrial Transition Zoning as opposed to
Business General would be limited. Many of the uses permitted within the B2 zone would
be expected to generate more traffic than a number of the B3 uses. The parcel also has
excellent access to the interstate which should help to reduce traffic impacts to surrounding
properties. Given the nature of the surrounding uses, the relative isolation of the parcel, and
the existing B2 zoning, the impacts of the rezoning on surrounding properties should be
minimal.
The applicant has proffered $1,413.00 (to be paid prior to the issuance of a Certificate of
Occupancy for any use on the property) for impacts to the Clearbrook Fire and Rescue
Company. This amount was based on 10.3 acres which was the original information
provided by the applicant. The revised acreage figure is 12.02 acres which results in the
projection of a greater impact to emergency services. The resulting projection from the
impact model is $1650.30.
The applicant has not addressed the Fire Company's request for some method of above-
ground storage of water for fire suppression purposes.
•
0
Dr. Raymond L. Fish REZ #002-96
Page 4
May 21, 1996
STAFF RECOMMENDATION FOR 05\01\96 PC MEETING: Approval contingent upon
applicant satisfactorily addressing impacts to Fire and Rescue, and providing required application
materials.
PLANNING COMMISSION ACTION SUMMARY OF 5/01/96: Commission members felt
that the direct rail access, the immediate access to the interchange and interstate, the existing B2
Zoning adjacent to the property, and the relatively small scale of the rezoning made this particular
property and situation unique, and was defensible so as not to set a precedent for future business
rezonings of RA property outside of the Urban Development Area. There were no citizen comments,
either in favor or opposition.
The Commission unanimously recommended approval. (Mr. Wilson was absent.)
Subsequent to the Planning Commission meeting The applicant has submitted a revised proffer
statement which covers the amount projected by the County Impact Model for Fire and Rescue
services.
nay i � jG�� IIIIII
COUNTY of FREDERICK
Public Works Department
Harvey E. Strawsnyder, Jr., P.E.
Director
540/665-5643
April 10, 1996 Fax 540/678-0682
Dr. Raymond L. Fish
174 Warm Springs Road
Winchester, Virginia 22603
RE: Rezoning Request - Kingdom Farm
Frederick County, Virginia
Dear Dr. Fish:
We have completed our review of the proposed rezoning of the property designated as
parcels 33-A-164C and 33-A-165 from B-2 and RA respectively, to B-3. We do not have any
specific objection or comments related to this rezoning.
• However, some of the same comments made during our review of the preliminary master
development plan will be applied to the rezoned property at the time of the submission of
individual site plans. A copy of these comments are attached for your review.
HES:rls
Attachment: as stated
cc: Planning and Zoning
file
•
Sincerely,
Harvey trawsnyder, Jr., E.
Director Public Works
107 North Kent Street
Winchester, Virginia 22601
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i COUNTY of FREDERICK
Public Works Department
Harvey E. Strawsnyder, Jr., P.E.
Director
November 27, 1995
Mr. Keith H. Burr
Greenway, Inc.
970 Baker Lane
Winchester, Virginia 22603
RE: Dr. Raymond Fish
Preliminary Master Development Plan
Frederick County, Virginia
Dear Keith:
703/665-5643
Fax: 703/678-0682
We have reviewed the proposed Master Development Plan for Dr. Raymond Fish and
offer the following comments:
1) The proposed stormwater management area may have to be split to accommodate
development on the north and south sides of Clearbrook Run.
2) It appears that wetlands exist adjacent to Clearbrook Run. This area
should be delineated to verify that any impact would be less than one acre.
3) The 100 year flood plain associated with Clearbrook Run should be delineated on.
the Master Development Plan. The backwater effect created by the culvert under
the Winchester Western Railroad should be considered when delineating the flood
plain.
Please contact the undersigned if you have any questions regarding the above comments.
,1 .1Mi1
cc: file
Sincerely,
Harvey E. wsnyder, Jr., P.E.
Director of Public Works
107 North Kent Street
Winchester, Virginia 22601
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
-7�-o a.2 - R6'
To be completed by Planning Staff. -
Zoning Amendment Number Date Received�_01� ` q 6
BOS Hearing Date 5 - PC Hearing Date 5- l' 9 67
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester.
1. Applicant: Yl , ,A cl ,,,,
Name: + 1" � Ce..�-1__m_C�__�(1� � • �
-S�
Address: 1 ri `-1 �/at M CI►X!,j
Telephone: ( S Q 0) L Le I- I '--1 Is y
2. Representative:
Name: C9're-C.v\ -Vj a-q �-, v�- r n e-P r I' r
Telephone: �5y�� ( 0 GP a — 1-i I � -5- J
3. Owner:
Name: -D r- CJA-A(I M (S . P C-Q m U Y\-(I F"I'5
Address: �� WCA-'r i n SIR r t S 1�
l�l I' /\ C'h e '�J 12,r , u (P 3
Telephone: `J U 1 U 5 Li
12
The Code of Vir ,i�,inia 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:
l
4. Zoning Change: It is requested that the zoning of the property be changed
from to
3-3
5. Current Use of the Property:
v ck C Ct` A �-
6. Adjuining Property:
PARCEL ID NUMBER USE
ZONING
7. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
,5() L,&k A).-e oczz C) v r tie r o�c � ke / 'lV e r -
Orlin-e & (/-I.le
13
8. Parcel Identification:
14 Digit Tax Parcel Number. 33 3— (o `� 3 �3 -%4 — I U �
9. Magisterial District: �TUYI WG�,i.
10. Property Dimensions: The dimensions of the property to be rezoned.
Total Area: 1 ) 3 Acres
The area of each portion to be rezoned to a different zoning district category should be noted:
Acres Rezoned from !.3-.Z to (3-
Acres Rezoned from R- r - to 3 - 3
Acres Rezoned from to
Acres Rezoned from to
11. Deed Reference: The ownership of the property is referenced by the following deed:
Conveyed from: 1`.� • S h �(' T`-u,-S �LA-,rLej
Dced Book Number 3Q U Panes 53
Oi-AFL �yyC'c rv\uc,(-r- 6� vv . a 5 K -�u r .�
12. Proposed Use: It is proposed that the property will be put to the following uses.
v
13. Checklist: Check the following items that have been included with this application.
Location map
Plat
Deed to property
Statement verifying taxes paid
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
0 14
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14. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map of
Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for
site inspection purposes.
I (we) understand that the sign issued to me (us) when this application is submitted must be placed
at the front property line at least seven days prior to the Planning Commission public hearing and
the Board of Supervisors public hearing and maintained so as to be visible from the road
right-of-way until the hearing.
I (we) hereby certify t is application and its accompanying materials are true and accurate to
the best of my (ou owlc ge. /7
Applicant:
Owner.
Date:
E
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CJ2-4 y> 4 'j
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ADJOINING PROPERTY OWNEIZS
•
Owners of property adjoining the lard proposed to be rezoned will be notified of the public hearing. For
the purposes of this application, adjoining property is any property abutting the requested property or any
property directly across a road [main the rcqucstcd property. The applicant is required to obtain the
following inlurmation on each adjoining property including the 14-digit property identification number
which may be obtained from (lie Office of the Commissioner of Revenue, Real Estate Department.
•
Name
Address and Property Identification
1. wFly 2[eLq Flrry
Address: le-D
r/.9 aW 6 5/
(f G 0 e a n f(,
Property ID: (.o
STo1V£VV,4LL EL507 -�TCf/oo
Address:
'C,N �/,4 aa6o
/l/ S TE�E'a8 T
Property 11): �IV 14 �a
4:1ccewN
Address:
STD py �ivs (2/Ty
Property 11): -5.3 14
4.
Address: �0 o /S/0A 6Wf-GG &D
Property 11):.35 .g // Sl 13
5.,%�of 2T 1� /je-ewti
Address: /60 30 Lo v t7ov AJ g5 T
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Property I I):
Address: ?076
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c�r.�,eo n•� �/�, as a
Property 11): .3 3
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4Addrcss: 338i �.9,er/��sf�veE7 f'•/cF.
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Property 11):
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Address:
Property ID:
9.
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Address: �U to �U TWOLD C 7-
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Property 11):
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Name
Address and Property Identification
lo. ;57o- NE41,,yZ L A'OW/T/9
Address: 100k 3�74
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Property ID: /9
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I I. Zj/y Vr.eGY �f1�C,/JJ
Address: �-�� GuHVE,�?G
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Property ID:
90
12.
Address:
Property ID:
13.
Address:
Property 1D:
14.
Address:
Property ID:
15.
Address:
Property 1D:
16.
Address:
Property ID:
17.
Address:
Property ID:
18.
Address:
Properly ID:
19.
Address:
Property ID:
p.
Address:
Property 1D:
18
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�iURVE1��R'S NOTE
THIS PLAT poES NoT
F2--=F'RE'5ENT OF=- GEP-71 F Y
A Mo;U"17AFZY SUF-VEY.
DErJoTES AFZeAS To t'�E
R�ZoNE� i3- 3 .
FLAT 'iHONVING
FMCo7 SEC) REZONING
ON THG LAN D 47F
DR . $ZA ` NA C> H I7 F H
SToNEwALL DISTIz1GT- Fw-EDC-FZ•IGK G611NT•(, VIMGl1,41A
SCALE I "- �'I DATE: MAFzGH H3 , IVV&
_ GREENWAY, INC.
970 Baker Lane, Winchester, Virginia 22603 (5- v 662-4185
H. Bruce Edens, L.S. - President
�•� 6riUCE EDEtvS `+'
1 0. Ow l622-H
1' i6/9
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DRAFT
03/20/96
Frederick County Board of Supervisors
Frederick County Planning Commission
9 Court Square
Winchester, VA 22601
Reference: Kingdom Farm
1092 Hopewell Rd.
Clear Brook, VA 22624
Frederick County, VA
We the undersigned, sole owners of the lands to be rezoned under
rezoning request number 002-96, (hereinafter the "Property")
referred to as the Kingdom Farm rezoning, and the applicants
for said rezoning, hereby voluntarily proffer the following
conditions. The conditions proffered shall be binding on the
heirs, executors, administrators, assigns and successors in
interest of both the applicant and owners. In the event the
Frederick County Board of Supervisors grants said rezoning and
accepts these conditions, the following proffered conditions
shall apply to the land rezoned in addition to the other
requirements set forth in the Frederick County Code:
1. Prior to the issuance of a certificate of occupancy related
to any improvements placed on the Property by the applicant,
it will pay to Clear Brook Volunteer Fire Company, Inc. the
sum of $1650.00 to be used for the purposes of the fire
company.
OWNERS:
J KINGDOM FARM
' � l
Dr. Raymond L. Fi,
o
Iris Joy Fish
•
a
IMPACT ANALYSIS STATEMENT
Dr. Raymond L. Fish
March 13, 1996
INTRODUCTION
This parcel of land is located in Stonewall Magisterial
District, at the southeast corner of the junction of
Interstate 81 and State Route 672. It is bounded on the west
by I - 81, on the north by State Route 672, on the east by the
Winchester and Western Railroad, and on the south by vacant
land owned by the Stonewall District Ruritan Club.
The parcel consists of 3 tracts. Parcel "A" is repre-
sented as tax map No. 33 - A - 164C. Parcel "B" is 4.93 acres,
represented as tax map No. 33 - A - 164. Parcel "C", 7 acres,
represented as tax map no. 33 - A - 165.
The proposed zoning for a 4 acre tract of Parcel "A"
would convert from B-2 to B-3. Parcel "C" zoned R-A, would
become B-3 as well. Parcel "B" would remain zoned B-2. All of
the subject land is presently unused.
Note to file: This Impact Analysis Statement was brought in April 22, 1996 and
replaces the previous statement.
IMPACT ANALYSIS STATEMENT
Dr. Raymond L. Fish
March 13, 1996
A. SUITABILITY OF SITE:
1. 100 Year Floodplain - None of the property is located
within the 100 year floodplain according to the Frederick
County Comprehensive Plan.
2. Wetlands - There are no wetlands on the property
except between the creek banks. Some surface water accumu-
lation does occur on both sides of entrance due to partial
occlusion of R R culvert. This is to be addressed by building
of new access road.
3. Steep Slopes - There are no steep slopes on the
property.
4. Mature Woodlands - There are no mature woodlands
except for a few scattered large trees along the creek bank
and fence row.
5. Prime Agricultural Soils - The soil on this tract was
probably once considered prime agricultural but has some years
ago been designated for commercial use due to proximity to
Interstate 81.
6. Soil or Bedrock Conditions - There are some ledges of
limestone running across the northern end of the property.
These have not proven to be a problem with previous
construction on the site. Soils are Massanetta to Oaklet silty
clay loam.
•
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B. SURROUNDING PROPERTIES - The property is bounded on the
west by Route 81, on the north by S.R. 672, on the east by the
Winchester & Western R.R. and on the south by vacant land
belonging to the Stonewall Ruritan Club. The nearest residence
is some 200 feet from the eastern property line.
C. TRAFFIC - Ingress & Eggress from the property is from S.R.
672. According to Va. Dept. of Transportation tabulation, the
daily trip count on this section of Rt. 672 is 1,652 per day.
It is unlikely that B3 zoning would generate any higher count
than B2 development and could even result in fewer trips than
B2.
D. SEWAGE TREATMENT - There are presently two septic tank/
drainfield systems on the site. It is anticipated that one of
these would accomodate one more B3 type buildings. Previous
soil surveys indicate that one or two more drainfield sites
are present. This is all subject to the approval of the Va.
Health Dept. Any use of the property would be limited to
location of suitable drainfields.
E. WATER SUPPLY - Plans are in progress to tap into the County
water supply on Rt. 11. Present facilities are served by a
well. (See Plat)
F. DRAINAGE - Drainage from the tract is into Clearbrook Run
which traverses the property in generally east and west
direction crossing under the W W Railroad, under Rt. 11, thru
0
•
the Clearbrook Park and subsequently the Opequon Creek. Storm
water retention would be provided as needed.
G. SOLID WASTE DISPOSAL FACILITIES - Solid waste from the
present business is presently maintained by private
contractor. It is anticipated that this practice would
continue.
H. HISTORIC SITES AND STRUCTURES - The nearest structure of
historic significance is the Hopewell Meeting House about 3/4
mile to the west. The rezoning should have no affect on this
structure.
I. ENVIRONMENT - There are no significant environmental
features on the property. Construction of the proposed
development using accepted engineering and construction
practices will pose no threat to ground water, surface water
or air quality.
J. EMERGENCY SERVICES - Clearbrook Fire & Rescue (Co. 13) is
located about 1/2 mile from the site. The additional cost to
emergency services is calculated based on an addition square
footage of space of 7,200 sq. feet, plus the 7 acres of
additional commercial land, to be $1,650.00 according to
Frederick County Zoning Department computer model calculation.
A proffer of that amount is made herewith.
OUTPUT MODULE
Capital
cmba
0e Department
$136
Rescue Department
$507
Elementary Schools
$0
Middle Schools
$0
High Schools
$0
Parks and Recreation
$Q
TOTAL
$643
FIRE AND RESCUE ADDENDUM
New Capital Costs Not
Covered by County
Contributions
Net Credit for
Fiscal Taxes to
Impact Capital Net
Srgdit ca& IMpac.
$1,042 $0
$5,688,388
$380,098
$22.594
$403,734
$1,550.30
NOTES: Model Run Date 4/1/96 EAW
FISH REZONING: Assumes 212,982 square feet of retail on 11.3 acres rezoned from B2 & RA to 63.
0
$0
M
$0
5
0
n 4
4
io4
0 3
2
4 1
15 t• 67
�a
-76
\� 2 Woshington
o c..... ,
WAR
11 AM
164A
h
�D
71
65
2, /
82
81
2 pts. .�',
Rf.
83S
FOIr
9r�nd Rq
77A 83 /
164D
12
122q
122 ///'l21
119
114A
See 11 f} e A a
1648
6Aw
97
2 DU
162BI I
396-62 1
77
% gsq 8 6 Mni
/ wwlw a
/
�O�e
75A 96B 96
CSX Z
Location Map for PIN: 33-A-164, 164C, 165
Rezoning #002-96, Dr. Fish
•
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff.-
Zoning; Amendment Number Date Received a'
BOS Hearing Date 5 PC Hearing Date 5- L 57 6
The following information shall be provided by the applicant:
//0 02 - 76'
All parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester.
1. Applicant: Yl `,,Lc U0 ry-, }- ✓`n
Name: i• I C (k_ ('yN ()
—1
Address:
Wk, vlG�\ e S-I- e_ r, V R-• ;� '�' L 0 3
Telephone: ( Is Q 0 1 L0 Le I- I L-i S Ig
2. Representative:
Name:
) re-c .y\ vi ci-4 -` V_ --c Y-\ e-C- r I r
Telephone: �5y(� 0 �P a- 1-� S�y
3. Owner:
Name: [,Lyl J. M (S . �� C�u M (l ► \- (� � i -S �
Address: W%fir ►y-1 So r k''` S [�j
Telephone: `J U t - L� 5 Lj
12
0
•
The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning
applications.
Please list bclow all owners or parties in interest of the land to be rezoned:
4. Zoning Change: It is requested that the zoning of the property be changed
from U to
5. Current Use of the Property:
6. Adjoining Property:
PARCEL ID NUMBER
a �GC C h PGr
3-3
USE
ZONING
7. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, using road names and route numbers):
S() c-cy h c�� C v r-rl e r o�c � ke
�e L k/' dh D-f _ n fit C AC
13
S. Parcel Identification: ? n
14 Digit Tax Parcel Number: 3 J— C 9 3 3 / 7
9. Magisterial District: ., Tk6 e w6k-t
10. Property Dimensions: The dimensions of the property to be rezoned.
Total Area:
1 I 3 Acres
COS C, .133 /4-1c
The area of each portion to be rezoned to a different zoning district category should be noted:
Acres Rezoned from 3-.Z to. (3 -3
r%. 3 Acres Rezoned from to 3 - 3
Acres Rezoned from to,
Acres Rezoned from to
11. Deed Reference: The ownership of the property is referenced by the following deed:
Conveyed from: 1`� S� l hPr
Deed Book Number 3C U Pages 53
C'L'�JL �,y ("U f-(Ov.- E. I cL,r�l. S-e. (�rndu r �� w 5 K -�u "r
12. Proposed Use: It is proposed that t e property will be put to the following uses.
CJ� (e
- c rP
YU 0vS-.QJ
—�fJ,(
P 6 C Lq0 (AICkCCk3tc�
13. Checklist: Check the following items that have been included with this application.
Location map
Plat
Deed to property
Statement verifying taxes paid
Agency Comments
Fees
Impact Analysis Statement
Proffer Statement
14
14. Sibnature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map of
Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for
site inspection purposes.
I (we) understand that the sign issued to me (us) when this application is submitted must be placed
at the front property line at least seven days prior to the Planning Commission public hearing and
the Board of Supervisors public hearing and maintained so as to be visible from the road
right-of-way until the hearing.
I (we) hereby certify tbat4is application and its accompanying materials are true and accurate to
the best of my (ourJ owle ge. 7
Applicant:
Owner:
Date:
15
G
•
ADJOINING PROPERTY OWNERS
Owncrs of property adjoining the lane] proposed to be rezoned will be notified of the public hearing. For
the purposes of this application, adjoining property is any property abutting the requested property or any
property directly across a road from the requested property. The applicant is required to obtain the
following inl0nnatloll on each adjoining property including the 14-digit property identification number
which may be obtained fioin the Office of the Commissioner of Revenue, Real Estate Department.
Name
Address and Properly Identification
1. w�V`i.f'ZLy FFllcrrl
Address: asG tu,9VF'ee-yr�.9D� 625/
CoGBe
Property ID: 3 F} (D
2. -ToNivVAt-G ELF171 009/0
Address: 11,),a, ,Lox �SoBd.4 as6Q,5/
w i AlC!� 9 S7-9,e
Property ID: /4 00a
3. MUSE/c:I" i��`� /1� Cl/ etvlV
Address:
STD F',y �ivs e/Ty >/�
Property IU: 33 14 og
4. L-I L/i/� '5 'L/0
Address: �?0o
a6 a
(,2-1
Property lU: �g 9
5 r'�of/i'r 1� /iE'oC�ic/
Address: /o0 30
,qv.,v CHI S TE /e,
Property ll): 19 j(o3
6. 1,v� ,; �� r'rlk��� �I
Address: �o1a /,/0P�kif�G 'D
c ",A2 0eme-04 a,k,'
Property 11): 39 14
7. L 0,f'Y PI(W VAAV<
<nddress: 238/
Property 11): -3 A /
Address:
Property ID:
9. /1111)4 zlezy ld-1lc�
Address: /-') /o (10 TwoI-D C7' aaG ss
f .loNnI
,e�U�i9.���JSa/l/
Property 11): 03
17
•
AdcL ess and Property Identification
Nance - - -- - 1---
10. TU/Vfw,�GL 1/9 IV
Address: W
114- awl
Property ID: ff 7
Address: �..�� GuH v�,lp4
'D
YA aa6,a '41
Property ID:
O
12.
Address:
Property ID:
13.
Address:
Property ID:
14
Address:
Property ID:
15.
Address:
Property 1 D:
16.
Address:
Property 1D:
17.
Address:
Property ID:
18.
Address:
Property II):
19.
Address:
Property ID:
O.
Address:
Property ID:
18
•
•
IMPACT ANALYSIS STATEMENT
Dr. Raymond L. Fish
March 13, 1996
INTRODUCTION
This parcel of land is located in Stonewall Magisterial
District, at the southeast corner of the junction of
Interstate 81 and State Route 672. It is bounded on the west
by I - 81, on the north by State Route 672, on the east by the
Winchester and Western Railroad, and on the south by vacant
land owned by the Stonewall District Ruritan Club.
The parcel consists of 3 tracts. Parcel "A" is repre-
sented as tax map No. 33 - A - 164C. Parcel "B" is 4.93 acres,
represented as tax map No. 33 - A - 164. Parcel "C", 7 acres,
represented as tax map no. 33 - A - 165.
The proposed zoning for a 4 acre tract of Parcel "A"
would convert from B-2 to B-3. Parcel "C" zoned R-A, would
become B-3 as well. Parcel "B" would remain zoned B-2. All of
the subject land is presently unused.
Note to file: This Impact Analysis Statement was brought in April 22, 1996 and
replaces the previous statement.
�1n v "i' c`r i
APR 1996
RECEIVED
DEPT. OF PLANNING
AND DEVELOPMENT
IMPACT ANALYSIS STATEMENT
Dr. Raymond L. Fish
March 13, 1996
A. SUITABILITY OF SITE:
1. 100 Year Floodplain - None of the property is located
within the 100 year floodplain according to the Frederick
County Comprehensive Plan.
2. Wetlands - There are no wetlands on the property
except between the creek banks. Some surface water accumu-
lation does occur on both sides of entrance due to partial
occlusion of R R culvert. This is to be addressed by building
of new access road.
3. Steep Slopes - There are no steep slopes on the
property.
4. Mature Woodlands - There are no mature woodlands
except for a few scattered large trees along the creek bank
and fence row.
5. Prime Agricultural Soils - The soil on this tract was
probably once considered prime agricultural but has some years
ago been designated for commercial use due to proximity to
Interstate 81.
6. Soil or Bedrock Conditions - There are some ledges of
limestone running across the northern end of the property.
These have not proven to be a problem with previous
construction on the site. Soils are Massanetta to Oaklet silty
clay loam.
APR 1996
RFC :lvEo
AND DEV., ANN T6
B. SURROUNDING PROPERTIES - The property is bounded on the
west by Route 81, on the north by S.R. 672, on the east by the
Winchester & Western R.R. and on the south by vacant land
belonging to the Stonewall Ruritan Club. The nearest residence
is some 200 feet from the eastern property line.
C. TRAFFIC - Ingress & Eggress from the property is from S.R.
672. According to Va. Dept. of Transportation tabulation, the
daily trip count on this section of Rt. 672 is 1,652 per day.
It is unlikely that B3 zoning would generate any higher count
than B2 development and could even result in fewer trips than
B2.
D. SEWAGE TREATMENT - There are presently two septic tank/
drainfield systems on the site. It is anticipated that one of
these would accomodate one more B3 type buildings. Previous
soil surveys indicate that one or two more drainfield sites
are present. This is all subject to the approval of the Va.
Health Dept. Any use of the property would be limited to
location of suitable drainfields.
E. WATER SUPPLY - Plans are in progress to tap into the County
water supply on Rt. 11. Present facilities are served by a
well. (See Plat)
F. DRAINAGE - Drainage from the tract is into Clearbrook Run
which traverses the property in generally east and west
direction crossing under the W W Railroad, under Rt. 11, thru
APR 1996
RECEIVED.
�; DEPT. OF PLANNING
`�� NVD DEVELOPMENT �
the Clearbrook Park and subsequently the Opequon Creek. Storm
water retention would be provided as needed.
G. SOLID WASTE DISPOSAL FACILITIES - Solid waste from the
present business is presently maintained by private
contractor. It is anticipated that this practice would
continue.
H. HISTORIC SITES AND STRUCTURES - The nearest structure of
historic significance is the Hopewell Meeting House about 3/4
mile to the west. The rezoning should have no affect on this
structure.
I. ENVIRONMENT - There are no significant environmental
features on the property. Construction of the proposed
development using accepted engineering and construction
practices will pose no threat to ground water, surface water
or air quality.
J. EMERGENCY SERVICES - Clearbrook Fire & Rescue (Co. 13) is
located about 1/2 mile from the site. The additional cost to
emergency services is calculated based on an addition square
footage of space of 7,200 sq. feet, plus the 7 acres of
additional commercial land, to be $1,650.00 according to
Frederick County zoning Department computer model calculation.
A proffer of that amount is made herewith.
APR 1996
RECEIVED
DEPT. OF PLANNING
AND DEVELOPMENT
DRAFT
03/20/96
Frederick County Board of Supervisors
Frederick County Planning Commission
9 Court Square
Winchester, VA 22601
Reference: Kingdom Farm
(DLETE
1092 Hopewell Rd.
Clear Brook, VA 22624
Frederick County, VA
We the undersigned, sole owners of the lands to be rezoned under
rezoning request number , (hereinafter the "Property")
referred to as the Kingdom Farm rezoning, and the applicants
for said rezoning, hereby voluntarily proffer the following
conditions. The conditions proffered shall be binding on the
heirs, executors, administrators, assigns and successors in
interest of both the applicant and owners. In the event the
Frederick County Board of Supervisors grants said rezoning and
accepts these conditions, the following proffered conditions
shall apply to the land rezoned in addition to the other
requirements set forth in the Frederick County Code:
1. Prior to the issuance of a certificate of occupancy related
to any improvements placed on the Property by the applicant,
it will pay to Clear Brook Volunteer Fire Company, Inc. the
sum of $1413.00 to be used for the purposes of the fire
company.
5 ALE I F
OWNERS:
KIN FARM
41
Dr. Raymond L. Fish
Iris Joy Fish
REQUEST FOR REZONING COMMENTS - -
Virginia Department of Transportation
Attn: Resident Engineer
P.O. Box 278 /
Edinburg, Virginia 22824-0278 ✓'
(540) 984-4133
The local office of the Transportation Department is located at 1550 Commerce Street in
Winchester, if you prefer to hand deliver this review form.
Applicant's name, address and phone number:
�. k, . X-t� I e 15 So l P-1 -114f
I `M Or,,, S p �� � ��� �, �� ��2� o � S-qo- (067•
Name of development and/or description of the request:
Location:
n jex SC-,- t •eA - d 1 g ) GtNL J 1, %--�,
4S-4
Va. Dept. of Transportation Comments:
No objections to the rezoning of this property. Prior to development this office
will require a complete set of construction site plans which detail entrance and
street designs, drainage features, and traffic flow data from the I.T.E. Manual,
5th Edition for review. Any work performed on the State's right-of-way must be
covered under a land use permit. This permit is issued by this Mice and req ires an
Vbbl fgion fee � surety bond r ge.
ignature an atc: sfe 046 A for W. H. Bushman 04/01/96
(NOTICE TO RESIDENT Elm PL T ASE RETURN THIS FORM TO
APPLICANT.)
xc: Mr. Steve Melnikoff
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in ordC , assist the
agency with their review. Also, please attach a copy of your application form, location mael
impact analysis, proffer statcmenl; and all other pertinent information
FAI
0 r
owRi' IIIIII•
Dr. Raymond L. Fish
174 Warm Springs Road
Winchester, Virginia 22603
RE: Rezoning Request - Kingdom Farm
Frederick County, Virginia
Dear Dr. Fish:
COUNTY of FREDERICK
Public Works Department
Harvey E. Strawsnyder, Jr., P.E.
Director
540/665-5643
April 10, 1996 Fax 540/678-0682
We have completed our review of the proposed rezoning of the property designated as
parcels 33-A-164C and 33-A-165 from B-2 and RA respectively, to B-3. We do not have any
specific objection or comments related to this rezoning.
However, some of the same comments made during our review of the preliminary master
development plan will be applied to the rezoned property at the time of the submission of
individual site plans. A copy of these comments are attached for your review.
HES: rls
Attachment: as stated
cc: Planning and Zoning
file
Sincerely,
Harvey trawsnyder, Jr., E.
Director Public Works
107 North Kent Street
Winchester, Virginia 22601
i COUNTY of FREDERICK
Public Works Department
Harvey E. Strawsnyder, Jr., P.E.
Director
November 27, 1995 703/665-5643
Fax: 703/678-0682
Mr. Keith H. Burr
Greenway, Inc.
970 Baker Lane
Winchester, Virginia 22603
RE: Dr. Raymond Fish
Preliminary Master Development Plan
Frederick County, Virginia
Dear Keith:
We have reviewed the proposed Master Development Plan for Dr. Raymond Fish and
offer the following comments:
1) The proposed stormwater management area may have to be split to accommodate
development on the north and south sides of Clearbrook Run.
2) It appears that wetlands exist adjacent to Clearbrook Run. This area
should be delineated to verify that any impact would be less than one acre.
3) The 100 year flood plain associated with Clearbrook Run should be delineated on.
the Master Development Plan. The backwater effect created by the culvert under
the Winchester Western Railroad should be considered when delineating the flood
plain.
Please contact the undersigned if you have any questions regarding the above comments.
HES: mlh
cc: file
Sincerely,
Harvey E.Zwsnyder, Jr., P.E.
Director of Public Works
107 North Kent Street
Winchester, Virginia 22601
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No.0325963133 Date Received 030596 Date Reviewed 032596
Applicant Dr. Raymond Fish
Address 174 Warm Springs Rd.
Winchester, Virginia
22603
Project Name Kingdom Farm Phone No. 540-667-1454
Type of Application Rezoning Current Zoning B-2
1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall
Tax I.D. No. 33-A-164,164C,165
RECOMMENDATIONS
Automatic Sprinkler SystemXX Residential Sprinkler System
Automatic Fire Alarm SystemXX Other
REQUIREMENTS
Emergency Vehicle Access
Adequate Inadequate Not IdentifiedXX
Fire Lanes Required Yes XX No
Comments Will address on individual site plan
Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX
Special Hazards Noted Yes No XX
Comments Applicant is requested to adhere to Capital Facilities Impact model
for Fire and Rescue proffers.
Hydrant Locations Adequate Inadequate Not IdentifiedXX
Siamese Location Adequate Inadequate Not Identified XX
Additional Comments Attached? Yes No XX
Plan Approval Recommended? Yes XX No
�y
Signatur/ T i t I e /0:5, �
Cl
EST ZON N tderick County Fire Marsh&I
ATTN: Fire Marshal.
107 North !Cant Street
Winchester, Virginia 22601
(540) 665-6350
The Frederick County Fire Marshal is located at 107 North Kent.
Street, Ist floor of the County Administration Building in
Winchester, if you prefer to hand deliver this review form.
Appli.caSt's Harm,, address and phone: number:
i A
Name of development and/or description of the request:
LoCationt
Sire Marshal Comment$x�F/�� t��r •" Lv�n•„r�,r� .
I1C�, Uls'�" KP'�t�.•.,� �U�.•.� CUC� Y�fi�.9.= �/ii:%cl�A V�i-��r -{� _.
P,C� W/��`7'Li.:E�L� � Sd lip. ��%iJC ['C,'fZI�'N.�'13Li ��� /�'%�4' r/L�1'}/i!%1/'}' ���/L�• %i�"� �/'�i �L:J '�.�Z.f�IJ
Fire Marshal Signature & bate
(NOTICE TO FIRE MARSHAL PLEASE RETURN THIS FORM TO APPLICANT,)
POTICE TO APPLTCAM
It is your responsibility to complete this form as accurately as
possible in order to assist the agency with their review. Also,
please attach a copy of your application farm, location map and any
other pertinent information.
REQUEST FOR REZONING COMMENTS
Frederick County Commonwealth Attorney
Winchester -Frederick County Judicial Center
5 North Kent Street
Winchester, Virginia 22601
(540) 665-6383
The Commonwealth Attorneys office is located in the Winchester -Frederick County Judicial Center
at 5 North Kent Street in Winchester, if you prefer to hand deliver this form.
Applicant's name, address and phone number:
J
Name of development and/or description of the request:
V-G a
Location:
Wei
010 I'`11\Er
-e Cho (g "i a .
Frederick County Attorney Comments:
Attorney Signature and Date:
(NOTICE TO ATTORNEY. * PLE SE
��rrGL �.—
Vv 4 V\ •PS G V
a Q-
THIS FORM TO
S)'
/_ / # 6
PLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in or�de to assist theency
with their review. Also, please attach a copy of your application fora location map;, proffer
statement, impact analysis and all other pertinent information.
•
REQUEST FOR REZONING COMMENTS
Frederick -Winchester Health Department
Attn: Sanitation Engineer
P.O. Box 2056
Winchester, Virginia 22604.'
(540) 722-3480
The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue
and Brick Kiln Road in Winchester, if you prefer to hand deliver this review form
Applicant's name, address and phone number:
tv� e-yt� �, • �i 5 F� C �. n
Name of development and/or description of the request:
_T.
Location:
Health Department Comments:
Jpy T�_js.1f
fie
_ ��•_ 1 / V✓.�l �`c' °c' c .� Tw G�../p' <vV<i<:c 5iuSli� I)t5k AJY5 'f✓
�i �'� Lor ice^ 5['E'!l�✓. SIc �1 G'✓ S Sli !/N« C7e
Health Signature and Date: i1� ,>�_ —�? Cz
(NOTICE TO HEALTH DEP . - PLEASE RETURN THIS FORM TO APPLICANT.)
NOTICE TO APPLICANT
It is your responsibility to complete this form as accurately as possible in order to assist the
agency with their review. Also, please attach a copy of your application form, location map,
proffer statement, impact analysis, and all other pertinent information.
27
• •
COUNTY of FREDERICK
Office of Treasurer
P.O. Box 225
Winchester, Virginia 22604-0225
540/665-5607
FAX 540/662-5838
C. William Orndoff, Jr., CGT
County Treasurer
March 4, 1996
To Whom It May Concern:
Judith K. Malone
Deputy Treasurer
R. Wayne Corbett, CGDT
Deputy Treasurer for Compliance
Please be advised that all taxes on the following parcels have been
satisfied in the Frederick County Treasurers' Office:
30 ur'Lz,
Judith K. Malone, Deputy
107 NORTH KENT STREET 0 WINCHESTER, VIRGINIA 22601
J ,
CO12 5
123 72S,q
2 pts. "
4 C
123 '
2 p ts.
%b
122q ,.
0 �
722 121 �
720 2
0
119
1 14B 1 14A ' o 00
>>
117A 117 � r0
See 119 �e0 A I _
148 a 0
116 1558 ��
B.O. 8.0. �� � ., r
t t 5 a F j W R t. see 146
6
town " to R�
.11 5A -� � �,Bruc
64A �0 0 149
,• CO u n n 162A 1 46
�� � � See 148
16 4 C \�L —See 155
� o
164B 162B
� J6 396-62
01
164
164D
165 �§�\cgo -� ,
/
44
DISTRICT
SECT
OUTPUT MODULE
Fire Department
Rescue Department
Elementary Schools
Middle Schools
High Schools
Parks and Recreation
TOTAL
----------------------- ---------------------
FIRE AND RESCUE ADDENDUM
New Capital Costs Not
Covered by County
Contributions
'------
Capital
QD-$t5
$136
$507
$0
$0
$0
M
$643
------------------------------
Net
-------- -----------------
Credit for
Fiscal
Taxes to
Impact
Capital
Net
$1,042
$0
$380,098
$0
$5,688,388
$403,734
$0
$1,550.30
NOTES: Model Run Date 4/1/96 EAW
FISH REZONING: Assumes 212,982 square feet of retail on 11.3 acres rezoned from B2 & RA to B3.
/37.
2 • �'2 �� X 1,6 5O.
LAAGENT. ANDrRSGN
& LAa�icx
ATTCRNEY6 AT LAW
WINCIMSTER, VIRQINIA
8K566PG50J
THIS DEED made and dated this �iday of _Q/i�f��� 1983,
and between E. LYNN BEIGHTOL and SEYMOUR KRIWINSKY, Tenants in
rtnership Under Section 50-10 of the Code of Virginia,
ading as Forecast Investments, of the one part, hereinafter
alled the Grantors, and RAYMOND L. FISH and JOY FISH, his wife,
f the other part, hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sum of
en ($10.00) Dollars, cash in hand paid, and other good and
aluable consideration, receipt of which is hereby acknowledged,
he Grantors do hereby grant and convey, with general warranty
nd English covenants of title, unto the Grantees, as tenants by
he entirety, with common law right of survivorship, all of that
ertain tract or parcel of land, containing 16.00 Acres, together
ith all rights, rights of way, privileges, improvements and
ppurtenances thereto belonging, lying and being situate at the
ntersection of Route 672 and Interstate Route 81 in Stonewall
istrict, Frederick County, Virginia, and being more particularly
escribed by metes and bounds as PARCEL A on that certain plat and
urvey prepared by H. Bruce Edens, Certified Land Surveyor, dlated
eptember 15, 1983, attached hereto and by this reference made a
art hereof, and being a portion of the property conveyed to
illiam E. Miller, II, E. Lynn Beightol and Seymour Kriwinsky,
nts in Partnership under Section 50-10 of the Code of Virginia,
Prading as Forecast Investments, by Deed of Estelle Dick, Widow,
�t als, dated the 2nd day of July, 1973, of record in the Clerk's
office of the Circuit Court of Frederick County, Virginia, in
)eed Book 413, Page 23, and being a portion of the property
in which William E. Miller, II, conveyed all of his right,
title and interest, being a one-third partnership interest of the
said William E. Miller, II, to E. Lynn Beightol and Seymour
Kriwinsky,
Tenants in Partnership Under Section 50-10 of the Code
e_K566PG502
of Virginia, Trading as Forecast Investments, by deed dated
October 22, 1975, of record in the aforesaid Clerk's Office in
Deed Book 451, Page 758, to which deeds and the references
therein, reference is here made for a more particular description
of the property herein conveyed.
This conveyance is made subject to a 22 foot right of way
for the benefit of the owners of PARCEL B. Said right of way
is evidenced by the aforementioned plat which is attached hereto
and by reference incorporated into this deed. It is expressly
stipulated that this right of way will run with the land.
It is further stipulated that the owners of Parcel B
shall be solely responsible for the maintenance and upkeep
of said right of way until such time as an owner or owners
of land now in Parcel A must make use of said right of way,
at which time the expenses shall be pro -rated between all owners
making use of said right of way.
It is expressly stipulated that said land is conveyed to
all applicable, or legally enforceable easements, if any, of
record affecting same.
WITNESS the following signatures and seals:
(SEAL)
E . LYNN BF,IGHTOL
Tenanf in Partnership under Section 50-10
of the Code of Virginia, Trading as Forecast
Investments.
(SEAL)
SEYMOUR RRIWINSKY
Tena.nt in Partnership under Section 50-10
of the Code of Virginia, Trading as Forecast
Investments
LARGENT. ANDERSON
& LARRICK
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
•
•
STATE OF VIRGINIA AT LARGE:
COUNTY OF FREDERICK:
OR 6 6 6 P,G-5.0 -
' a Notary Public in and
for the County and State aforesaid, do hereby certify that
E. Lynn Beightol, Partner trading as Forecast Investments,
whose name is signed to the foregoing Deed, bearing date on the
Wig/ day of�jir' 1983, has personally appeared before
me and acknowledged the same before me in my jurisdiction
aforesaid.
My commission expiresfs7f,,',r�fl
Given under my hand thisI�day of
STATE OF VIRGINIA AT LARGE:
COUNTY OF FREDERICK:
I�J// ���
�j.� a Notary Public it
and for the County and State aforesaid, do hreby certify that
Seymour Kriwinsky, Partner, Trading as Forecast Investments,
whose,/ame is signed to the foregoing Deed, bearing date on the
-'/ day of , 1983, has personally appeared
before me and acknowledged the same before me in my Jurisdictio
aforesaid.
My commission expires �!� /% // G
Given under my hand thi� _day ofc 1%,,I/ ,
1983.
LARGENT. ANDER90N
& LARRICK
ATTORNEYS AT LAW
WINCHESTER, VIRGINIA
NC
-3-
I
J
N
BK 5 6 6 P-G 5 0 4 ROUTE. 672 s 72.•48'IZ-r
t ,
1
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WNW
• ', 'ATE NO.
3 W965
S4•17.3 (b)162 c
9 %'
PLAT OF
A OIVISIOU OC TUE LAUD OF
FORECAST IUVESTMEUTS
ST0Uv-\JALL OISTR%C'T, FRED6RYGK COL)►J'
VIRGIIJIA
5«l.E 1' • 200' — 56P-"EMMR IS, 1983
pn,LvARED 13y
CREE11t114Y WGMUELRIUG / SUPVEY11JG
RouT E u I50X 157 • C
...��L..rc•r �p �..p 211J�►.
CO. IUC,
SU ISION APPROVE
C l/ . //T)l li,l qAk-r5
IVIS10 A ISTRATORDA
7.,�
BK 56 6PG505
4
The accompanying plat represents a division of the land conveyed to Forecast
Investments by deed dated July 2, 1973 and recorded in the Frederick County Court
Clerk's Office in Deed Book 413 at Page 23.
The said land is located at the intersection of Route 672 and Interstate
Route 81, Stonewall District, Frederick County, Virginia and is bounded as follows:
Parcel A
Beginning at an iron pin in' the southern r/w of Route 672 and in the western
r/w of the Penn Central Railroad; thence with the western r/w-of the Penn Central
Railroad S43024130"W - 1430.35' to an iron pin in the western r/w of the Penn
Central Railroad and -corner to Parcel B; thence with Parcel B N46035'30"W - 482.47'
to an iron pin corner to Parcel B and in the eastern r/w of Interstate Route 81;
thence with the eastern r/w of Interstate Route 81 for the 2 following courses
with the are of a curve to the right 374.10' (Radius=5649.58, - Chord=N35°59'5411E -
374.05') to the P.T.; thence N37°5314411E — 633.03' to a V.D.H. Monument at the
intersection Interstate Route 81 and Route 672; thence with the southern r/w of
Route 672 for the 3 following courses N73°37'4911E - 169.83, to a V.D.H. Monument;
thence S77005'3311E - 401.12' to an iron pin; thence S72°4811211E - 178.82' to
the beginning.
Containing.............16.00 Acres
Surveyed ...............September �5, 1983
r�
V CERTIFICATE No, Z`
54.17.3 (8)965
54-17_3 (h)162
j
U I. -ANT)
BK566PG506
The accompanying plat represents a division of,the land conveyed to Forecast
Investments by deed dated July 2, 1973 and recorded in the Frederick County Court
Clerk's Office in Deed Book 413 at Page 23.
The said land is located at the intersection of Route 672 and Interstate Route
81, Stonewall District, Frederick County, Virginia and is bounded as follows;
Parcel B
Beginning at an iron pin corner to Parcel A and in the western r/w of the
Penn Central Railroad; thence with the western r/w of the Penn Central Railroad
S4302413011w - 770.52' to an iron pin in the western r/w of the Penn Central
Railroad and corner to Cochran; thence with Cochran 0603013711E - 753.381 to an
iron pin corner to Cochran and in the eastern r1w of Interstate Route 81; thence
with the eastern r/w of Interstate Route 81 with the arc of a curve to the right
170.73' (Radius = 5649.581.- Chord = N33°14'0811E - 170.721) to an iron pin in the
eastern r/w of Interstate Route 81 and corner to Parcel A; thence with Parcel A
S46035'3011E - 482.47' to the beginning.
Containing. . . . . . .4.93 Acres
Surveyed. . . . . . . .September 15, 1983
L
o� *.I-
PA. E S
V CERTIFICATE No-
54.17-3 (a)965
��. 54.17.3 (b)162
�U LAND 5vC
i ::, i:..:. iUC:C:.:. t0 ltie U.. L.,-
_ 0 duy o at , U1,9
;.i�.d with c edifi ate of acknowledgment thereto annexed was
idmit o record. Tax imposed by Sea. 58-54.1 of
0 U and 58-54 have been paid, if assessable,
s•
(�l Clerk,
'C7 M
M0
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F. ANDERSON
T TORNEY AT LAW
N CH ESTER, VIRGINIA
THIS DEED made and dated this day of 1995,
by and between E. LYNN BEIGHTOL, JR. and GRETA C. BEIGHTOL, his
wife, of the one part, hereinafter called the Grantors, and
RAYMOND L. FISH and IRIS JOY FISH, his wife, of the other part,
hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sum of
Ten ($10.00) Dollars, and other good and 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 Grantees, as tenants by the entirety
with the right of survivorship, as at common law, all of that
certain tract or parcel of land, together with all rights, rights
of way and appurtenances thereto belonging, lying and being
situate along the Southern side of Virginia State Secondary
Highway No. 672, about nine miles North of Winchester, in
Stonewall District, Frederick County, Virginia, containing
4.93 Acres, more or less, and being the same property conveyed
to E. Lynn Beightol, Jr. by deed dated June 29, 1987, from
E. Lynn Beightol, Jr. and Seymour J. Kriwinsky, Tenants in
Partnership Trading as Forecast Investments, a Virginia
Partnership, which deed is of record in the Clerk's Office of the
Circuit Court of Frederick County, Virginia, in Deed Book 652,
Page 244, to which deed and the references therein, reference is
here made for a more particular description.
This conveyance is made subject to all easements, rights
of way and restrictions of record, if any, affect•.`n'g the sub], t
�00
property.
�Go� Ve
IOHN F. ANDERSON
ATTORNEY AT LAW
W INCHESTER, VIRGINIA
B9841PG0607
WITNESS the following signatures and seals:
y/�
-,l. ;"' �(. .L�`/ r
LYNN B GHTOL, JR.
w . 1�
GRETA C. BEIGH
STATE OF VIRGINIA AT LARGE:
COUNTY OF FREDERICK:
/� 1- ` (SEAL)
Um-P
(SEAL)
The foregoa ng instrument was acknowledged before me this
�4day of _'��/,{_•I�� 199o, by E. LYNN BEIGHTOL, JR.
and GRETA C. BEIGHTOL, his wife. / /y
My commission expires!
'n d n'
NOTARY UBLIC
VIROINU� FREDERICK 000N1Y, OCT,
This ,� II tr ment writing was prod fo me on the
an u wi ly of 1 Kt
and wit csrtl+ a of acknowiedgniom thereto ann ed
we adrniti�� record. Tax Imp,)se5d by S)c. 5f1.1-8 2 of
and 58.1-801 have boon paid, if easessable,
_ r
- Clark
W Ir
1s •H N ���'�.
2
r Ho
k 577�05-�3„ E 57L`
47
0
PN N
V p, (l/ iX Poo P
- - �^
A IV
m
m AV > v N^
N 6.
p� • � a
N 00
P(
N
61 Q°` 0
a 01>
0 I 4�
40
^'m U
a
� J �
su rzvE(o�'s N oTE
-THIS PLAT t7e>E5 t-IoT
FEF'Fz-ESENT OF-- GEFZTI F
A poU r-I t7A FZ'( S U F--\/ E Y.
?l i
�ENoTES Aiz-EAS To E3E
A�4 P2-67_otJe(.'�> E5- 3
PLAT SHowINC,
P FZO Po5 e r-> fZE Z O N I N G
ON TH G LA t,4 r-> F
rzA Yr�c o M d F l ei H
S7oNEWALt_ DISTFLIGT- FiZEDC-FzIGIK COUNT`(, V12GI1JIA
SCALE I "= �'I DATE : 18 ,
/t% GREENWAY, INC.
V47970 Baker Lane, Wincheefer, Virginia 22603 'sue)-662-4185
H. Bruce Edens, L.S. - President
SURVEYING - DESIGNING - PLANNING
RESIDENTIAL - AGRICULTURAL • COMMERCIAL INDUSTRIAL CONSTRUCTION
K2 `��
V M. b riUCE EDENS `'r
I ,;I. Opp l6"
sl �17 �0/
SHEET 1 of I
su RyE�oR's N oT�
THI�i PLAT pevG5 t-IoT
�zEPP ESENT oF= G6F-7I F `'
A BouNDAR ( SUFZ-\/E'(.
V
/
I�ENoTE�i A1z-EAS Tc> E5E
01
� szEZoNe� d- 3
F'l-AT SHoldING
(� FZO F c>� C— r-> RE Z O N I N G
ON THC- LAN D G'F
I7R . FZA `AKA o (4 C7 F I'i H
�iTcNE�'ALL DISTrLIGT_ F2E(7C-FZIGK GOuN-rY, \/IFZGINIA
SCALE I ,= �' DATE
GREENWAY, INC.
970 Baker Lane. Winchester, Virginia 22603 (5;- }662-4185
H. Bruce Edens, L.S. - President
SURVEYING - DESIGNING - PLANNING
RESIDENTIAL AGRICULTURAL • COMMERCIAL INDUSTRIAL CONSTRUCTION
1�
o/�
V T E riuGE Eilt15
I,.). WO16"
SHEET I of I
0.28 Ac. t 4/1
�T
4v
41
\ /I
I 1
N
� J �
F�l-AT '7 HOl/V INCG
Hop!
TE �
L� �q
i
�U R�/E1�oR'S N oTE
THis P(-AT Dot=S NoT
FzEPR-ESENT oP-- GEF'-7I F
A Dc?U N C�>A F= `( S U 12\/ F-Y.
DENOTES AID-EAS To E'5E
FzEZoNe� 13- 3
PRoPo�0r_> Fz- EZ.oNIN G
ON TH E LA N D F
pFz . 2AYt�to M d F 1 S H
S%NEN.'AL-I_ DISTFLIGT- FfZEf7C-FZIGK Ga-JN7'(, �/IIzGINIA
SCALE 1 .,= DATE MAF phi l a , l��h
/tN GREENWAY, INC.
147 970 Baker Lane. Winchester, Virginia 22603 "5`fio)-662-4185
H. Bruce Edens, L.S. - President
SURVEYING - DESIGNING - PLANNING
RESIDENTIAL AGRICULTURAL - COMMERCIAL INDUSTRIAL CONSTRUCTION
SHEET j of I
3 3 A-- ICS �31, l':' d
me_
��r��
--------------------------------------------------------
----------------------------
---------------------
-- ----------------
OUTPUT MODULE
Net
Credit for
Fiscal
Taxes to
Capital
Impact
Capital
Net
QQ-q5
QMIt
QP515-
tMPAPA
Fire Department
$124
$949
$0
Rescue Department
$462
Elementary Schools
$0
Middle Schools
$0
$346,461
$0
High Schools
$0
Parks and Recreation
W
$2Q,.59.4.
$Q
TOTAL
$586
$5,185,049
$368,005
-----------------------
$0
-------------------------------------------------------------------
FIRE AND RESCUE ADDENDUM
-----------------------
-----------------------
New Capital Costs Not
Covered by County
Contributions
$1,413.11
NOTES: Model Run Date 3/18/96 EAW
FISH REZONING: Assumes 194,134 square feet of retail on 10.3 acres rezoned from B2 & RA to B3.
COUNTY of FREDERICK
Department of Planning & Development
107 North Kent Street
Winchester, Virginia 22601
F .—uR
M1'F
r0 �
S(^AfR
n 1,10,,
Fft LEFT IV
A77'E14pr IN
G ORpEppRESS
�� CLA11JE� 'NOT K�nE1 PIREb
J r TPA RE"LISED N
�`IM�ER
� ., - , L-- — •-- � r--a�:.—tom
as A 91
STONEWAL..L.. DISTRIt:•T RURITAN
C/O CHARL_ES W . ORNDORFF
BOY 3-r2
x
E
s
I
April 17, 1996
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/678-0682
m JI'!r"!uvi JAI Or PUBLIC rlEARIJING
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: APPLICATION OF REZONING APPLICATION #002-96 OF RAYMOND L. FISH
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held at their regular meeting on May 1, 1996, at 7:00 p.m., in the board room of the Old
Frederick County Courthouse, Winchester, Virginia. This hearing is to consider the application of
Raymond L. Fish to rezone 4.7 acres from B2 (Business General) District to B3 (Industrial
Transition) District and 7.3 acres from RA (Rural Areas) District to B3 (Industrial Transition), for
an animal hospital and a beverage warehouse. This property is located at the southeast corner of the
intersection of Interstate 81 and Route 672 in Clearbrook and is identified with PINs 33-A-164, 33-
A-164C and 33-A-165, in the Stonewall Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application is available for review at the Department of Planning and Development located at 107
North Dent Street in Winchester, VA.
Sincerely,
Kris C. Tierney, AICP
Deputy Planning Director
KCT/cg
107 North Kent Street - Winchester, Virginia 22601-5000
I
May 29, 1996
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
1I07IFICAtICA I OF PUBLIC HEARING
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: APPLICATION OF REZONING APPLICATION #002-96 OF RAYMOND L. FISH
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on June 12, 1996, at 7:15 p.m., in the board room of the Old Frederick County
Courthouse, Winchester, Virginia. This hearing is to consider the application of Raymond L. Fish
to rezone 4.7 acres from B2 (Business General) District to B3 (Industrial Transition) District and 7.3
acres from RA (Rural Areas) District to B3 (Industrial Transition), for an animal hospital and a
beverage warehouse. This property is located at the southeast corner of the intersection of Interstate
81 and Route 672 in Clearbrook and is identified with PINS 33-A-164, 33-A-164C and 33-A-165,
in the Stonewall Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application is available for review at the Department of Planning and Development located at 107
North Kent Street in Winchester, VA.
Sincerely,
Kris C. Tierney, AICP
Deputy Planning Director
KCT/cg
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
g ?I
/ � ?��
— from the Department of Planning and Development,
Frederick' Conty, Virginia:
3,13
114
69 3
WAVI:KRI Y ITAI:Z11
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ept.
Frederick Co. Pl4ni pt.
STATE OF VIRGINIA
COUNTY OF FREDERICK
i, [A,6h Ann t�1a I � , a Notary Public in and for the State and County
aforesaid, do hereby certify that Kris C. Tierney, Deputy Director for the Department of Planning
and Development, whose name is signed to the foregoing, dated '-p- -aq- 910 -, has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this @qthday of mo-u �qq(D
My commission expires onqll
—NOTA-RY PUBLIC
COUNTY of FR>EDIERI[CK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
i UrIfIC n JAI of Put c
April 17, 1996
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: APPLICATION OF REZONING APPLICATION #002-96 OF RAYMOND L. FISH
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held at their regular meeting on May 1, 1996, at 7:00 p.m., in the board room of the Old
Frederick County Courthouse, Winchester, Virginia: This hearing is to consider the application of
Raymond L. Fish to rezone 4.7 acres from B2 (Business General) District to B3 (Industrial
Transition) District and 7.3 acres from RA (Rural Areas) District to B3 (Industrial Transition), for
an animal hospital and a beverage warehouse. This property is located at the southeast corner of the
intersection of Interstate 81 and Route 672 in Clearbrook and is identified with PINs 33-A-164, 33-
A-164C and 33-A-165, in the Stonewall Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application is available for review at the Department of Planning and Development located at 107
North Kent Street in Winchester, VA.
Sincerely,
Kris C. Tierney, AICP
Deputy Planning Director
KCT/cg
107 North Dent Street - Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
dAA ,Y 17, /2 9C from the Department of Planning and Development,
Fredenfck County, Virginia:
(::I...:I; Nl::: I::, _M L V:
1P 2 RX)
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WAVI:KRLY F'()RM 624
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V.IROWN, ROVOKRT DAVID J. 6 4 1
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CITY, W)
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Frederick la Uept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
a Notary Public in and for the State and County
aforesaid, do hereby certify that Kris C. Tierney, Deputy Director for the Department of Planning
and Development, whose name is signed to the foregoing, dated PO(— has
personally appeared before me and acknowledged the same in my tate and Bounty aforesaid.
Given under my hand this -Vh _ day of
My commission expires onFC— h-(U R am M9.
--Kt I HO-J-L-
\-,.N.OTARY PUBLIC
t
IMPACT ANALYSIS STATEMENT
Dr. Raymond L. Fish
March 13, 1996
INTRODUCTION
This parcel of land is located in Stonewall, agisterial
District, at the southeast corner of the junct'on of
Interstate 81 and State Route 672. It is boy �ded on the west
by I - 81, on the north by St e Route 672,/on the east by the
i
Winchester and Western Railroa and he south by vacant
land owned by the Stonewall Distri ritan Club.
The parcel consist
sented as tax map No. 33 -'
represented asozoni
o.
represented aso.
The proposwould convert f
f 3 trac . Parcel "A" is repre-
\A - 44C. Parcel "B" is 4.93 acres,
A - 164. Parcel "C", 7. acres,
- A - 165.
fir a 4 acre tract of Parcel "A"
B-3. Parcel "C" zoned R-A, would
become B-3 as well. P rcel "B" would remain zoned B-2. All of
the subject land iVpresently unused.
0
PQ�.�og6 Q'
REQz. o�t`o�,�r
r o
•
IMPACT ANALYSIS STATEMENT
Dr. Raymond L. Fish
March 13, 1996
A. SUITABILITY OF SITE:
1. 100 Year Floodplain - None of the property is located
within the 100 year floodplain according to the Freddrick
County Comprehensive Plan.
2. Wetlands - There are no wetlands on the property
except between the creek banks. Some surface water accumu-
lation does occur on both sides of entrance due to partial
occlusion of R R culvert. This is to be addressed by building
of new access road.
3. Steep Slopes - There are no steep slopes on the
property.
4. Mature Woodlands - There are no mature woodlands
except for a few scattered large trees along the creek bank
and fence row.
5. Prime Agricultural Soils - The soil on this tract was
probably once considered prime agricultural but has some years
ago been designated for commercial use due to proximity to
Interstate 81.
6. Soil or Bedrock Conditions - There are some ledges of
limestone running across the northern end of the property.
These have not proven to be a problem with previous
construction on the site. Soils are Massanetta to Oaklet silty
clay loam.
B. SURROUNDING PROPERTIES - The property is bounded on the
west by Route 81, on the north by S.R. 672, on the east by the
Winchester & Western R.R. and on the south by vacant land
belonging to the Stonewall Ruritan Club. The nearest residence
is some 200 feet from the eastern property line.
C. TRAFFIC - Ingress & Eggress from the property is from S.R.
672. According to Va. Dept. of Transportation tabulation, the
daily trip count on this section of Rt. 672 is 1,652 per day.
It is unlikely that B3 zoning would generate any higher count
than B2 development and could even result in fewer trips than
B2.
D. SEWAGE TREATMENT - There are presently two septic tank/
drainfiel.d systems on the site. It is anticipated that one of
these would accomodate one more B3 type buildings. Previous
soil surveys indicate that one or two more drainfield sites
are present. This is all subject to the approval of the Va.
Health Dept. Any use of the property would be limited to
location of suitable drainfields.
E. WATER SUPPLY - Plans are in progress to tap into the County
water supply on Rt. 11. Present facilities are served by a
well. (See Plat)
F. DRAINAGE - Drainage from the tract is into Clearbrook Run
which traverses the property in generally east and west
direction crossing under the W W Railroad, under Rt. 11, thru
a,
the Clearbrook Park and subsequently the Opequon Creek. Storm
water retention would be provided as needed.
G. SOLID WASTE DISPOSAL FACILITIES - Solid waste from the
present business is presently maintained by private
contractor. It is anticipated that this practice would
continue.
H. HISTORIC SITES AND STRUCTURES - The nearest structure of
historic significance is the Hopewell Meeting House about 3/4
mile to the west. The rezoning should have no affect on this
structure.
I. ENVIRONMENT - There are no significant environmental
features on the property. Construction of the proposed
development using accepted engineering and construction
practices will pose no threat to ground water, surface water
or air quality.
J. EMERGENCY SERVICES - Cl.earbrook Fire & Rescue (Co. 13) is
located about 1/2 mile from the site. The additional cost to
emergency services is calculated based on an addition square
footage of space of 7,200 sq. feet, plus the 7 acres of
additional commercial land, to be $1,413.00 according to
Frederick County Zoning Department computer model calculation.
A proffer of that amount is made herewith.