HomeMy WebLinkAbout005-96 Scully Ltd. - Opequon - BackfileC ASH
RECEIPToat
. _.-,9_
N2 4 9 9 4
Received From
V
1,,
f`i
Address `
Dollars $
_-
For
`!1C
l
L,1
to ;�
a
ACCOUNT
HOW
PAID
fw
0-x
d
AMT. OF
ACCOUNT
CASH
AMT. PAID
CHECK
BALLAECE
MONEY
By
ORDER
14 REZONING CHECKLIST
f
The application is not complete if the following are not present:
SUBMISSION PACKAGE
1.
Comment sheets from the
following agencles
along with
Fire Co.
any marked copies of the
plan:
SfcpffkS 61Y
_✓_
Tdwh o f Sftp{•<ks �rtY
✓ VDOT
City of Winchester
✓ Co. San. Auth.
Co. Health Dept.
Inspection Dept.
Parks & Recreation
Fire Marshal
Airport Authority
✓ County Attorney
Co. Engineer
2.
Application Form
6.
Taxes paid statement
3.
Location Map
7.
Sign received
4.
Survey
8.
Fees paid
5.
Deed
9.
Impact statement
10.
Proffer statement
TRACKING
DATE
Application Received
Consultation held with Planning staff
Rezoning reviewed by Zoning Review Committee
7 14-�6 Adjoiner notifications mailed for PC public hearing
Rezoning heard by PC (Action r )
- Memo to BOS re: date for public hearing
Rezoning heard by BOS (Action )
Ordinance of amendment with conditions proffered prepared for
County Administrator's signature
O9' i3, Zoning map amended
0
•
7-.23-
VIA,"
1k. j -
` * FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
September 12, 1996
Scully Ltd.
Att: Thomas G. Scully, Jr.
P.O. Box 3038
Winchester, Virginia 22604
RE: REZONING APPLICATION #005-96 OF SCULLY LTD., PIN 85-A-148
Dear Mr. Scully:
The Frederick County Board of Supervisors approved your request to rezone 25,593 square feet (58
acres), identified as PIN 85-A-148, during their meeting of September 11, 1996. The property was
rezoned from B 1 (Neighborhood Business) District to B2 (Business General) District. The proffers
that were approved as a part of this rezoning application are unique to this property and will be
adhered to 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,
r�
Evan A. Wyatt
Planner II
EAW/cg
Enclosure
cc: Robert M. Sager, Opequon District Supervisor
Ellen Murphy, Commissioner of Revenue
107 North Kent Street • Winchester. Virginia 22601-5000
0 0
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completedbyPlanning Staff.
t
Zoning Amendment Number Date. Received �7 '
PC Hearing Date f- % = g 6 BOS Hearing Date
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office
of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: SCULLY LTD.
Address: POB 3038
Winchester, VA 22604
2. Property Owner (if different than above)
Name:
Address:
3. Contact person if other than above
Name: Thomas G. Scully, Jr.
Telephone: 540- 6 6 2 - 3 489
Telephone:
Telephone: 540-662-3489
4. Checklist: Check the following items that have been included with this application.
Location map Agency Comments
Plat �� Fees
Deed to property Impact Analysis Statement .,
Verification of taxes paid v Proffer Statement v
11
•
f
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:
Scully Ltd., Thomas G Scully, Jr., President
6. Current Use of the Property: Pack' s - Ice Cream Vendor
7. Adjoining Property:
PARCEL ID NUMBER
85-A-148 A
85-A-149 C
85-A-149
74-B-7-2 B
USE
Restaurant
Service Station
McDonald's
Red Apple
ZONING
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):
r.,, m+-orl „n Rnlith -,;rip of Rcmte 277. east of the
I-81/Stephens City interchange, beside the existing
Kentucky Fried Chicken and in front of the existing
shopping center plaza.
12
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number 8 5- ((A)) -148
Magisterial: opequon
Fire Service: Stephens City
Rescue Service:
Districts
High School: Sherando
Middle School: R • E . Aylor
Elementary School: Bass Hoover
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
CurrentCurrent ZoningZoningRequested
s5:5?t.
B-1
B-2
25593
scr. ftj
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning
proposed :
Single Family homes:
Non -Residential Lots:
Office:
Retail:
Restaurant
Number of Units Proposed
Townhome:
Mobile Home:
Square Footage of Proposed Uses
no more than
21,361 sq. ft.
13
Multi -Family:
Hotel Rooms:
Service Station:
Manufacturing:
Warehouse:
Other:
12. 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 when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the
road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): SCULLY LTD. Date: 7 / 12 / 9 6
Date:
Thomas G. Scully, Jr
President
Owner(s):
14
Date:
Date:
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name
Allen Food Service
1625 Apple Blossom Drive
Winchester, VA 22601
Property # 85-A-148-A
Name
Frank W. and Brenda Welch
129 Fairfax Pike
Stephens City, VA 22655
Property # 85-A-149-C
Name
Nerangis Enterprises
125 West Boscawen Street
Winchester, VA 22601
Property 985-A-149
Name
Harry F. Stim son, III
152 Fairfax Pike
Stephens City, VA 22655
Propert# 74B-7-2-B
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property #
Name
Property#
15
1-3
AMENDMENT
Action:
PLANNING COMMISSION:
Recommended Approval
on Auust
21 1996
BOARD OF SUPERVISORS:
Recommended Approval
on September
11 1996.
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#005-96 of SCULLY LTD.
WIWREAS, Rezoning Application #005-96 of Scully Ltd. to rezone 25,593 square feet (.58
acres) from B 1 (Neighborhood Business) to B2 (Business General) which is located on the south
side of Fairfax Pike (Rt. 277), east of the I-81/Stephens City interchange beside the existing
Kentucky Fried Chicken and in front of the existing Ace Plaza shopping center; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 21,
1996; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on
September 11, 1996; and
WHEREAS, the Frederick County Board of Supervisors finds the adoption of this rezoning
to be in the best interest of the public health, safety, welfare, and in good zoning practice;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of
Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the
Zoning District Map to change 25,593 square feet (.58 acres), designated by PIN 85-A-148, from
B1 (Neighborhood Business) to B2 (Business General) as described by the application and plat
0
0
submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and
the property owner.
This ordinance shall be in effect on the date of adoption.
Passed this 1Ith day of September, 1996 by the following recorded vote:
James L. Longerbeam, Chairman Ave
W. Harrington Smith, Jr.
Aye
Charles W. Orndoff, Sr. may_
Richard C. Shickle Abstained
Margaret B. Douglas Aye
Robert M. Sager Abstained
A COPY ATTEST
John- Riley, Jr.
Frederick County Administrator
REZONING REQUEST PROFFER
SCULLY, LTD.
REZONING B-1 TO B-2
Route 277 East -Fairfax Pike
Opequon District - Tax Parcel 85-A148
Preliminary Matters.
Pursuant to Section 15.1 -49.1 et.seq., of the Code of
Virginia,
1950, as amended, and the provisions of the
Frederick County Zoning Ordinance with respect to
conditional zoning, the undersigned applicant hereby
in the event the Board of Supervisors of
proffers that
Frederick County, Virginia, shall approve Rezoning
Application # -96 for the rezoning of 25,593 square feet
from B-1 Neighborhood Business Zoning District to the B-2
Business General Zoning District, development of the subject
property shall be done in conformity with the terms. and
conditions set forth herein, except to the extent that such
terms and conditions may be subsequently romendedby or revised
Frederick
by the applicant and such be approved
County board of Supervisors in accordance with Virginia law.
In the event that such rezoning is not granted, then these
proffers shall be deemed withdrawn and of no effect
whatsoever. The proffers shall be binding upon the
applicant and their legal successors or assigns.
General Development Plan and Uses
The development of the subject property and the
submission of any site Development Plan will provide for a
layout that incorporates the planned improvement for
structures, parking, and commercial entrances as required by
Frederick County Zoning Cance that any edevelopment eof
standards. The applicant proffers
the 25,593 square feet will utilize the existing entrance
on
to Route 277 (Fairfax Pike). The applicant proffers
the land will at
not be used for the following: used car
sales, car washes, churches, hotel or motel, golf course or
driving range. The rezoned property shall not be further
subdivided.
Monetary Contribution of Development
The undersigned, who owns the below described property,
hereby voluntarily proffers that if the Board of Supervisors
for the County of Frederick, Virginia, approves the rezoning
•
PAGE 2
REZONING REQUEST PROFFER
SCULLY, LTD.
REZONING B-1 TO B-2
Route 277 East - Fairfax Pike
Opequon District - Tax Parcel 85-A-148
for the 25,593 square foot tract, more or less, lying on the
south side of Route 277 (Fairfax Pike) just east of the
intersection of Stickley Drive in the Opequon Magisterial
District of Frederick County, Virginia from B-1 to B-2, the
owner will pay to the Stephens City Fire and Rescue Company,
at the time a building permit is issued, the sum of One
hundred eighty-three dollars and forty-eight cents ($183.48)
for Fire and Rescue Emergency Service costs.
The conditions proffered above shall be binding upon the
heirs, executors, administrators, assigns and successors in
interest of the Applicant and Owner. In the event the
Frederick County Board of Supervisors grant said rezoning
and accepts these conditions, the proffered conditions shall
apply to the land rezoned in addition to other requirements
set forth in the Frederick County Code.
Respectfully submitted
SCULLY, LTD"TR
Z__� ti-
By:
THOMAS.
PRESIDENT
Date: July 16, 1996
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -wit:
The foregoing instrument was acknowledged before me
this 17th day of July, 1996, by THOMAS G_ SCULLY, JR_,
PRESIDENT, SCULLY LTD.
My commission expires April 30, 2000.
Notary Public
PC REVIEW DATE: 8/7/96
BOS REVIEW DATE: 9/11/96
REZONING APPLICATION #005-96
SCULLY LTD.
To Rezone 25,593 Square Feet (.58 acres) from Bl (Neighborhood Business)
to B2 (Business General)
LOCATION: This property is located on the south side of Fairfax Pike (Rt. 277), east of the I-
81/Stephens City interchange beside the existing Kentucky Fried Chicken and in front of the
existing Ace Plaza shopping center.
MAGISTERIAL DISTRICT: Opequon District
PROPERTY ID NUMBER: 85-A-148
PROPERTY ZONING & PRESENT USE: Zoned B 1 (Neighborhood Business); Land Use:
Commercial
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned - B 1, Neighborhood Business Use - Texaco Service Station
Zoned - B2, Business General Use - Wendy's Restaurant
South: Zoned - B 1, Neighborhood Business
Zoned - B2, Business General
East: Zoned - B 1, Neighborhood Business
Zoned - B2, Business General
West: Zoned B-1, Neighborhood Business
PROPOSED USE: Taco Bell Restaurant
Use - Ace Plaza
Use - White's Self -Service Storage
Use - Jefferson National Bank
Use - Red Apple Deli/Subway
Use - Kentucky Fried Chicken
Scully Ltd., REZ #005-96
Page 2
July 25, 1996
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: See attached letter from Robert Childress dated
6-12-96.
Frederick Co. Sanitation Authority: Water and sewer service is available to this
property with adequate capacity for the proposed use.
Fire Marshal: See attached letter from Douglas Kiracofe dated 7-15-96.
County Attorney: Proffers appear to be in proper form.
Stephens City Fire Co.: In reply to the above rezoning request, the Stephens City
Volunteer Fire & Rescue Co. agrees with the impacts listed in the Impact Analysis
Statement. We also agree with the proffer statement. I would recommend that any type
of structure (restaurant) have the installation of sprinkler systems in all structures,
especially public assembly buildings.
Town of Stephens City: The area to be rezoned is a very busy commercial intersection.
The Town is severely affected by traffic congestion and patterns on both sides of I-81.
Additional entrances on Rt. 277 may cause more problems.
Planning & Zoning:
1) Project History
Parcel 85-A-148 is one of several properties which was assigned a B-1, Neighborhood
Business District classification when Frederick County adopted zoning. The original
zoning district map created for Frederick County indicates that the majority of the
properties on the north and south side of Fairfax Pike between Interstate 81 and Double
Church Road (Route 641) were originally zoned B-1. Several property owners within this
Scully Ltd., REZ #005-96
Page 4
July 25, 1996
an increase in traffic trips above those uses that are permitted to be developed in the B-1,
Neighborhood Business District. Requests for commercial rezonings do not create a
negative impact to the County's school system or the regional park system; however,
impacts are generally realized by the emergency services system. The results of the
County's Impact Model support this statement.
5) Impact Statement
The applicant has proffered out specific B-2 uses, including used car sales, car washes,
churches, hotels, motels, golf courses, and driving ranges. The applicant has also
proffered to offset the negative impact to the emergency services system through a
monetary contribution which is consistent with the County's Impact Model. Finally, the
applicant has proffered that any development within the rezoned portion of this property
will utilize the existing commercial entrance on Fairfax Pike for ingress and egress.
STAFF RECOMMENDATION FOR 8/7/96 PC MEETING: Approval, based on the
provisions of the applicant's proffer statement, the consistency with the Comprehensive
Plan's Idealized Interchange Development Pattern, and the compatibility with existing land
uses along Fairfax Pike.
Scully Ltd., REZ #005-96
Page 3
July 25, 1996
area have rezoned their property from B-1, Neighborhood Business District to B-2,
Business General District since the original zoning map was created.
2) Location
The property is located on the south side of Fairfax Pike, just east of Interstate 81. The
property is within the boundaries of the Urban Development Area (UDA) and Sewer and
Water Service Area (SWSA). The Frederick County Comprehensive Plan states that retail
and services tend to be located adjacent to interchanges with frontage on arterial
highways. An Idealized Interchange Development Pattern (IIDP) graphic has been
incorporated into the Comprehensive Plan to delineate land use patterns within the
proximity of the Interstate interchange areas. The location of this property is consistent
with the retail and services land use area specified on the IIDP.
Existing land uses within the vicinity of this property include various fast food restaurants
with drive-thru window service, gasoline service stations, hotels, convenience stores, a
retail plaza which was formerly a grocery store, a bank, and a self-service storage facility.
3) Site Suitability
The portion of parcel 85-A-148 proposed for rezoning is currently compacted and paved;
therefore, no environmental features as defined by the Zoning Ordinance exist. Public
water and sewer service is available to this site with adequate capacity. The property has
road frontage along Fairfax Pike and contains an existing commercial entrance. The
current entrance needs to be utilized for ingress and egress to this site to ensure that the
increased traffic flow is controlled.
4) Potential Impacts
A rezoning to a higher commercial district will allow the applicant to increase the amount
of developable area of this site due to the permitted floor -to -area ratio (FAR). The uses
that are permitted to be developed in the B-2, Business General District generally create
1�0-r •til rya I,• O I ...ee ...•. �i.�• r•♦ I� J �.-/ i„•�, I NA 1• •►� =e
/ 1''� / � J%'\, •!, a��`r « / / ` a / NF
_ _ `--r / _ p 1 / e 4Rr
649
tim
73
74511 pr.
- Ul
?oL'��-
642
, r \ - 1J•
•�i I
•`�'�•,:; _.�....� v0[ \ •s aR (ai-/:� .e`� \ ;±fir
,,• r ,, ' may, `af`• R 3 V�J 53,
i' - Jii •� yr ;t (;�,�-�••�' .l '?`/yy/% \ '> —r 7
a a Radio
'^ r ✓!_ i ' �-r -` ,--� a _�,' • �--(9M' I •v � C 1-Utlliy -/
—.`' y • Z�
.' I i (�. y • .l it
'' ' _ ~ '"� �� - ry ! 'f a• 0l OPT . �^ /Q�
ISO
Quar / A G�eerr Hili N - 1 6r� ^V
lVCem b3l , • v . O /f �r
� /' ` ,-/p—. � �- o� 1, /` /% _ _- :69 °• __�:•
M-2,752
a
40
R_2 /� / �/ J' /II x�^ ,mac °v •• v
JA-
_ " as 7
1 �_ (• �?s'•� n 64>��66 J - y / a ` SO
r!
at
4328
so `aat:ao 769 -i.\7<r •o V�4�1 �'=' - ^�� / S� ;.
0
Most manufacturing uses are located in one of several large industrial areas in the County,
including the following:
* Stonewall Industrial Park
* Fort Collier Industrial Park
* Route 11 North, and other areas within the Interstate 81/Route 37 Loop
* Route 11 South - Kernstown area
* Route 50 East - Airport area
* Clearbrook and Middletown.
Mining for limestone, crushed stone, clay, shale, and sand is occurring in the County. The
limestone mining occurs along the limestone belt that is east of Little North Mountain and West
of Interstate 81. Shale mining occurs in various areas throughout the County. Other mining
primarily is carried out in the western portions of the county.
Idealized Interchange
Development Pattern
terial
1996 Frederick County 57 Comprehensive Plan
S4lE`f r((ii 1�JI--)
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
DAVID R. GEHR 14031 OLD VALLEY PIKE
COMMISSIONER P.O. BOX 278
EDINBURG, VA 22824-0278
July 1, 1996
Mr. Byron D. Chandler
C/O BurgerBusters, Inc.
302 Hickman Road
Charlottesville, VA 22911
Dear Mr. Chandler:
JllL 1gg6
c DP U DEVELOPME
%AJAAA_K MAN, P.E.
RESIDENT ENGINEER
TELE (540) 984-5600
FAX (540) 984.5607
Ref: Route 277
Frederick County
As requested, enclosed you will find your Highway Data Sheet for your proposed
restaurant at the referenced location. Some of the information we have provided is
based off of our Minimum Entrance Design Requirements and may change slightly
based on your submitted design.
At this time I would also like to make you aware your company has yet to satisfactorily
complete all right-of-way improvements associated with your restaurant on Route 661
in Frederick County. A land use permit was issued to your company for the Route 661
site on January 4, 1995. We forwarded you a punchlist letter for the project on
December 20, 1995. I have enclosed a copy of this punchlist for your use. Additionally,
the permit expires on July 22, 1996. We also wrote you on May 31, 1996 (copy enclosed)
concerning the need to reinstate your current permit in order to complete the work. To
this end, this Department will not issue your company a land use permit for the
Route 277 site or any other site in the Edinburg Residency until the work at your
Route 661 restaurant has been satisfactorily completed.
If you have any questions concerning the above or if we can be of further assistance,
please let me know.
Sincerely,
Robert B. Childress
Trans. Permits & Subdivision
Specialist Supervisor
RBC/rf
Enclosures
xc: Mr. S. A. Melnikoff, Mr. W. C. Gochenour, Mr. Kris Tierney, LUP #855-02828
WE KEEP VIRGINIA MOVING
0
Highway Data
1) Driveway Requirements:
Street:.__. Route 277 Jurisdiction: Frederick Co. No. Allowed 2 (If property frOntag(
Street: Jurisdiction: No. Allowed allows)
Street: Jurisdiction: No. Allowed
Ma>drnum Width: 50' Ft. (Min. Width: 70 o directional; one way ' wide each)
Transition Width or Return Radius. 12. 5' Ft. (Minimum)
Minimum Distance from Property Line: 12. 5 Ft.
. inimum Distance from Street Intersection: 50' ft. Measued from radius point
Minimum Distance Between Driveways: 25' Ft. Permit Required? Yes X
No . Fee:$40 Min. Bond Required: Yes X No By Owner or Contractor
G.C. Xx T.B.... .. Bond Amount $15,000 Min.- Materials Required: cone X
asphalt X curb—X
Who pays for curb cuts? Owner
2) Are sidewalks required? Yes No Streets: County Issue
Type: .Width/Thickness: Lenght:
3) Are curbs required? Yes x .•,—Np Street: Route 277
4) Is pavement widening or deceleration lane required? Yes x No
Streets: Route 277
Width:_-- 12' Pavement type and thickness' Asphalt Concrete
Length: Length •of Property
5) Are street lights (electrollers) required? Yes No X
Streets:
Location:
Number: Spacing:. .
6) Can we obtain a median cut for site? Yes No n/a
Location:
Described procedure to obtain:
7) .are driveway cross culverts required? Yes x No llfinimum size: 15 "
Concrete headwalls required: Drop Inlets Required if Necessary
8) Describe other highway improvements required (i.e. street trees, Iandscaping, stop
lights,
ect.): Handicap Curb Ramps, Strippin
.Are bonds, fees, or encroachment permits required for any of the $hove?
Yes X No Amount: $Min. Fee $40.00 Plus Salary & Expenses of a State
9) Requirements for resodding aff,er work done on RAW. Assigned Inspector.
eCt.: Re -sodding of VDOT ri ht-of-wa in Minimum - $15,000 Bond Required
accordance w/ current specifications is a requirement.
PIan check/ permitting time: 90 Days Fees:$ 40.00 Minimum
Provided By (Agency): VA Dept. of Transportation
Name: Robert B. Childress
Title: Trans. Permits/Subdivision Spec. Supervisor
Telephone: 540-984-5600 .-
• J, G14
1
I
r
'R' Jth �6 Tt
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
14031 OLD VALLEY PIKE
DAVID R. GEHR P.O. BOX 278
COMMISSIONER EDINBURG, 22824.0278
December 20, 1995
Mr. Lee Garvin
C/O Burger Busters, Inc.
355 W. Rio Road, Suite 204
Charlottesville, VA 22901
Dear Mr. Garvin:
WILLIAM H. BUSHMAN, P. E.
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
Ref: Land Use Permit #855-02828
Route 661
Frederick County
We have inspected the referenced land use permit project after receiving your
notice of completion. Before the permit can be marked satisfactorily complete all
disturbed areas need to be graded, seeded and mulched. Please have your
contractor contact Mr. Steve Melnikoff at our Winchester Office at 540-
722-3460 for details.
Let us know when this work has been completed so a follow-up inspection may
be made.
If you have any questions concerning the above, do not hestiate to call. Please
note this permit expires December 30, 1995.
WCG/rf
xc: Mr. R. B. Childress
Mr. S. A. Melnikoff
Sincerely,
William C. Gochenour
Hwy. Permits & Subd. Spec.
TRANSPORTATION FOR THE 21 ST CENTURY
I •,
♦y�RR 7Y�'. •
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
DAVID R. GEHR 14031 OLD VALLEY PIKE WILLIAM H. BUSHMAN, P.E.
COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER
EDINBURG, VA 22824-0278 TELE (540) 984.5600
FAX (540) 984-5607
May 31, 1996
BurgerBusters, Inc.
355 W. Rio Road, Suite 204
Charlottesville, VA 22901
Attn: Mr. Lee Garvin
Your Job No: N/A
Dear Permittee/Agent:
As you know your -Land Use Permit #85502828 issued to
cover work on the Route 661 right-of-way in
Frederick County expires 07/22/96. If you are unable to
have the work completed prior to this date, you will need to
reinstate this permit. To do this, write a letter advising to the
amount of time needed, not to exceed 180 days, and the reason for
not having the work completed within the allotted time. Also, a
check in the amount of $40.00 made payable,to the Virginia
Department of Transporation is needed.
If said work is completed, it will be necessary to submit the
completion notice which was attached to the front of your copy of
the permit assembly. This will allow the permit to be closed out.
This office feels you have had ample time to complete this work,
we cannot honor another request for reinstatement after this
allotted time. If the work is not completed, the matter will be
turned over to your bonding company for completion.
Sincerely,
Robert B. Childress
Permit/Subd. Spec. Supervisor
/rf
xc: Fidelity & Deposit Co. of MD
(Bond #30626165)
WE KEEP VIRGINIA MOVING
A J
iC y
�Af1,
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
DAVID R. GEHR 14031 OLD VALLEY PIKE WILLIAM H. BUSHMAN, P.E.
COMMISSIONER P.O. BOX 278 RESIDENT ENGINEER
EDINBURG, VA 22824.0278 TELE (540) 984-5600
FAX (540) 984-5607
June 12,1996
Mr. Thomas G. Scully, Jr. Ref: Route 277 (South Side)
603-A South Loudoun Street At Approx. 0.02 Mile West of Route 1085
Winchester, VA 22601 Frederick County
Dear Mr. Scully:
I am writing to confirm our meeting yesterday, June 11,1996, to review your 25,593 sq.
ft parcel at the referenced location for entrances into a proposed Taco Bell Restaurant.
Based on the enclosed plat of the property you provided and where you indicated the
side property lines are, it appears an entrance or combination of one-way entrances can
be installed into the property to meet our commercial design standards. Also as
discussed, the existing commercial entrance serving the adjacent hardware store could
be used for access if you desired. However, some type of joint use agreement would be
needed to cover the entrance's use and future maintenance.
Any entrance improvements will need to be completed under Land Use Permit issued
by this office.
If you have any questions or if we can be of further assistance, please let me know.
RBC/rf
Enclosure
xc: Mr. J. B. Diamond
Mr. S. A. Melnikoff
Mr. Kris Tierney
Sincerely,
,,,
Robert B. Childress
Trans. Permits & Subdivision
Specialist Supervisor
WE KEEP VIRGINIA MOVING
Re ont Comma is
opt -It- Fax Not 7 0aia 7-17' 4 aeE-' /
To n�1 rom
Co./Deptc u f � � S �
Rhona « Pnons M S 40 19 G Y- /o b l
ftx o 1 _ R --rZt i/ ax # SNO 94 P' /
Frederick County Sanitation Aut"' �....,,
F crick County Sanitation Authority
Att : Engineer/Director
P. Box 618
Wi cheater, Virginia 22604
(54 )665.5690
Hand deliver te:
Frederick County Sanitation Authority
Attn: Enginger/Director
199 Front Royal Pike
Winchester, 'Virginia
�aiat the
Applicant's Name: SC �Y LTD. ^� Telephone: 540-662-3489
Ma ling Address:
Win heater VA 22 04
;
Loiation of property: Logy ted on the 10ut6 aide of Route 277. east of
thb I-81/Stephens City interchange, beside the existing Kentucky
Fred Chicken and in front of the existing shopping plaza.
Current zoning: B- .1
Zoning requested: 8-2 Acreage: 25, 593 sq. ft.
Sanitation Authority Commetits:
WaQer and newer scrrvice is available to
fot the proposed use.
property with adequate capacity
Notice to Sanitation Authority - Please Oeturn This Form to the Applicant
2$
COUNTY OF FREDERICK, VIRGINIA
FIRE AND RESCUE DEPARTMENT
107 North Kent Street
Winchester, VA 22601
Thomas W. Owens
Director
July 15, 1996
To: Evan Wyatt, Planner
From: Douglas A. Kiracofe, Fire
Ref: Scully Re -Zoning
I've reviewed the re -zoning application for Scully Ltd. on the Stephens City property.
The allowed uses on a B-2 Use, do not create hazards of more severity, than those
allowed on a B-1 Use property, as long as all applicable Building Code issues are
addressed at the time of construction.
The applicant has agreed to proffer the sum of $183.48 to the Stephens City Fire and
Rescue Company, at the time of building permit, in accordance with the Capitol Cost
Model.
Any remaining Fire and Rescue issues will be addressed at the time of Site Plan
submittal. I would recommend approval of this application.
Should you need anything further, please don't hesitate to let me know.
Thank you.
Douglas A. Kiracofe
Fire Marshal
Jv�',g96 Q
1
Director (540) 665-5618 0 Fire Marshal (540) 665-6350 0 Fax (540) 678-4739
a
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No.0715960771 Date Received 071596 Date Reviewed 071596
Applicant Scully Ltd.
Address P.O.Box 3038
Winchester, Va. 22604
Project Name Scully Property Phone No.540-662-3489
Type of ApplicationRezoning Current Zoning 13-1
1st Due Fire Co. 11 1st Due Rescue Co. 11 Election DistrictOpequon
Tax I.D. No. 85-A-148
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 Site Plan
Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX
Special Hazards Noted Yes No XX
Comments
Hydrant Locations Adequate Inadequate Not IdentifiedXX
Siamese Location Adequate Inadequate Not Identified XX
Additional Comments Attached? Yes XX No
Plan Approval Recommended? Yes XX No
Signat e-- '� _ =Title
Rezoning Comments
Fire and Rescue Compan;
Name of Fire & Rescue Company:
COMPANY 11
STEPHENS CITY FIRE CO., INC.
Jack Lake, Chief
54U b0'J-4D/0
•
Appliegnt: Please fill out the irforrnation = accurately as possible in order to assist the
Fire and Rescue Squad with their review. Attach a copy of your application form, location
map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name:
Mailing Address:
SCULLY LTD.
POB 3038
Winchester, VA 22604
Telephone: 540-662-3489
Location of property: Located on the south side of Route 277, east of
the I-81/Stephens City interchange, beside the existing Kentucky
Fried Chicken, and in front of the existing shopping plaza
Current zoning: B -1 Zoning requested: B- 2 Acreage: 2 5, 5 9 3 s q. f t.
Fire and Rescue Company's Comments:
In reply to the above rezoning request, the Stephens City Volunteer
Fire & Rescue Co. agrees with the
impacts listed in the Impact
Analysis Statement. We also agree
with the Proffers Statement.
I would recommend that any type of
structure(restaurant) have the
installation of Sprinkler Systems
public assembly builds.
in a structures, especially
A VA
Jatej Chief, Stephens City
Notice to Fire & Rescue Company - turn This Form to the Applicant
32
1UL-15-96 MON 3:14 PM
TOWN OF SC
FAX NO
5408696166
P. 2
Rezoning Comments
Town of Stephens City
Mail to:
Town of Stephens City
Attn: Town Manager
P.O. Box 250
Stephens City, Virginia 22655
(540) 869-3087
R nd deliver to:
Town of Stephens City
Attn: Town Manager
Stephens City Town Hall
1033 Locust Street
Stephens City, Virginia
Applicant's Name: SCULLY LTD. Telephone: 540-662-3489
Mailing Address: POB 3038
Winchester, VA 22604
Location of property: Located on the south side of Route 277 east of
in -
the I-81/Stephens City interchange, beside the —existing Kentucky
Fried Chicken and in front of the existing shopping plaza
Current zoning:
B-1 Zoningrequested: B- 2 Acreage: 2 5, 5 9 3 sq . f t .
Town of Stephen City's Comments:
Notice to the Town of Stephens City - Please Return Form to Applicant
m
• ^ ,
C]
Rezoning Comments
Frederick County Commonwealth's Attorney
Mail to:
County Commonwealth's Attorney
Winchester -Frederick Co. Judicial Center
5 North Kent Street
Winchester, Virginia 22601
(540) 665-6383
Hand deliver to:
County Commonwealth's Attorney
Winchester -Frederick Co. Judicial Center
5 North Kent Street, 2nd Floor
Winchester, Virginia
Applicant Please fll qut the information -as accurately as possible in order to assist the
Commonwealth's Attorneys Office" with .'theirreview "Attach a copy of your application
form, Iocanon map, proffer statement, impaet;analysis, and any;other pertinent
information .
Applicant's Name: SCULLY LTD.
Mailing Address: POB 3038
Winchester, VA 22604
Telephone: 540-662-3489
M
Location of property: Located on the south side of Route 277, east of
the I-81/Stephens City interchange, beside the existing Kentucky'
Fried Chicken and in front of the existing shopping plaza.
Current zoning: B-1 Zoning requested: B- 2 Acreage: 2 5, 5 9 3 s q. f t.
CLPt
C 's Attorney's Comments:
Notice to Commonwealth's Attorney - Please Return, This Form to the Applicant
18
♦. 1
•
Grp Lu . _ •' .
sr�
Moslem
•lOUOA####wwwwww wA.. ., ,, .. .. ., .. .. A
To' BCULLY
TOt
DEED OF EXCHANGE *
A
SCULL LTD.
AAAAAAAAAAAAAA#AAAAAI�AA#A#A#A##AA#AAA
•
BKS7SpaS4o
'
TE2G D6SED of Exchange,. cads and dated this 29th day of
August, 1901, by and between THONAS 0. $CULLY, party of the first
part, hereinafter referred to as the grantor and BCULLY LTD.,
a corporation chartered on the laws of the Casaonwealth of
Virginia, party of the second part, hereinafter referred to as
the Grantee and the GEORN WASHINGTON ROTEL CORPORATION, party of
the third part.
MITNESSMe That for and in consideration of the
coewyanoe by the Grantee to the grantor of a sixty percent
wAlvided interest in and to that certain property known as the
Lessburg Shopping Center desorib,d in a certain Deed dated March
1, 1962, of record in the Clerk's Office of the Circuit Court of
Loodoun County Deed Book 411, Page 120, and other valuable
oonsideratioaa, receipt whereof is hereby acknowledged, the
Grantor does hereby grant and convey with a General warranty of
Title onto the Grantee all that certain tract or parcel of land
oostain' 9.569 acres, situate east of Stephsaa City in Opequai
Magisterial District, Predetiok County, Virginia, set forth and
slaws on the plat and survey of Lee A. Ebert, C.L.S. dated June
24, 1970, of record in the Clark's Office of the Circuit Court of
Tredsriok County, Virginia, in Deed Book 464, Page 292, less and
ewoept that certain tract shown on the plat and survey of TBOHAS
A, SBOCEEY, C.L.S., dated July 26, 1977, and recorded in the a•
foresaid Clerk's Office Deed Book 662, Page 229.
+
The aforesaid isthatsane realty conveyed to the
} ,
,orantor by Deed dated Deosmber 29,'1978, fro■ Allen Properties
Sao., of record in the aforesaid Clerk's Office in Deed Book 503,
i
Page $0, and reference is hereby made to the aforesaid deed and
�-
the-aforesaidplat for more particular description of the
0
Ito
09575Pc541
property herein conveyed and for further derivation of title.
The within realty is subject to a certain easement
granted unto Allen food Service, Inc. from Allen Property, Inc.
of record in Dead Book 503, Page 94, and is further subject to the
lien created by that certain Deed of Trust dated September 25,
1976, of record in the aforesaid Clerk's Office in Deed Book 444,
Page 297, securing the payment of an obligation in the original
amount of One Hundred Thousand Dollars (/100,000.00), payable to
the Shenandoah Valley National Bank, which debt however is act
assumed by the Grantse.
The Grantor, THOMAS 0. SCULLY, herein being holder of
legal title as nominee of the party of the Third Part, the
George Washington Hotel Corporation, the said party of the third
part as evidenced by the signature of its president joins in the
within deed signifying that its execution is at its direction
as the equitable owner of said realty.
Except as noted above the Grantor covenants that he has
the right to convey said property to the Grantees that he has done
no act to encumber said property; that he will execute such
further assurances of title to said property as may be requisites
that be is seised in fee simple of the property conveyed and that
the Grantee shall have quiet possession of said property free
from all ancumbsranaes.
vA mm" the following sign a •s and scales
.. --Pit .: (SEAL)
;r;
•, .:; ." ' GEOR� ASHI110TON HOTEL CORPORATION
7 c�s�
AWK-Ws , Bore y
Pro eat
1
0
6575Fa542
MT! 07 VIRG=IAI
COUNTY OF rNSO ICR, ft-wits
i, Janet D. schroy, a Notary Public in and for the state
and County aforesaid, do hereby certify that T80MM G. SCULLY,
President of George Washington hotel Corporation, and THOKU G.
SCULLY, personally, whose name is signed to the foregoing Dead
of ixobange bearing date 2fth day of August, 1913, has this day
personally appeared before ms and acknowledged the same.
Given under my hand this loth day of April, ma11t4 `^�1s Sri
My ooission expires March 18, 1fl6. 1 �'•�., :'
Mfg alp vi
[ k Gi I �Titl
l if a notary Public in and for
the Mate and aforesaid, do hereby certify that SMIM
W. SCULLY, secretary of George Washington Hotel Corporation, "Noss
nams is signed to the foregoing Deed of Exchange bearing date
29th day of August, 1997, has this day personally app .•vr
t .
%
me and acknowledged the sase.
Divan under Nana this ' da o! J
n7 y �1ed•:Of
a'
• v
My commission expires ZA Jr♦i0•.. t*r
IC D
so
a
t/�M` •M Ilibw•�M•hMw w•=L'_^._ wr M zL
wwwlaa111 Nw•4..■..•�
j3��•��i:•yr.-j.:
!r l''. ,•
;k}r"Man
FREDERICK COUNTY, VIRGINIA
IMPACT ANALYSIS STATEMENT
FOR
REZONING REVIEW AND APPROVAL
OF THE
SCULLY, LTD.
PROPERTY
Route 277, Fairfax Pike • Opequon District
IMPACT ANALYSIS STATEMENT
gilbert w. cli f ford & associates, inc.
The Winchester Towers
200 North Cameron Street • Winchester, Virginia 22601
540-667-2139 • Fax: 540-665-0493
150C Olde Greenwich Drive. • Fredericksburg, Virginia 22401
540-898-2115
TABLE OF CONTENTS
I. SUMMARY
II. INTRODUCTION
III. PLANNING ANALYSIS
• Site Suitability
• Adjoining Properties
• Zoning Review
IV. TRAFFIC
V. SEWAGE
VI. WATER
VII. DRAINAGE
VIII. SOLID WASTE
IX. HISTORIC SITES
X. COMMUNITY FACILITIES
• Education
• Parks and Recreation
• Emergency Services
M. ENVIRONMENT
MI. FISCAL
MII. OTHER
' • 40C ULLY,LTD. PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
' JULY1996
IMPACT ANALYSIS STATEMENT
' for
SCULLY, LTD Property
' I. Summary
The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to
evaluate the above referenced project as required by the Frederick County Board
of Supervisors. This document is prepared in support of and in preparation to
rezone 25,593 square feet of the property of Scully, LTD. from present
Neighborhood Business (B-1) to Business General (B-2).
The property is ideally suited for Business General (B-2) zoning. This property
adjoins B-2 Business General zoning is located at a designated comprehensive
plan interchange area and is along a arterial road. There is a positive fiscal
impact.
II Introduction
The 25,593 square foot portion of the property of Scully, LTD. is located on the
south side of Route 277 (Fairfax Pike), east of the I-81 /Stephens City interchange
beside the existing Kentucky Fried Chicken and in front of the existing shopping
center plaza. The property currently is the front northeastern portion of the
shopping center site. The parcel is identified as tax parcel 85-((A))-148 in the
Opequon Magisterial District and is currently zoned Neighborhood Business (B-
1). This rezoning request is only for a portion of the property consisting of the
25,593 square feet.
Business General (B-2) zoning is planned for the property. The property is
located in the Urban Development Area, is in an interstate interchange area and
is along a major transportation corridor. A preliminary site development
evaluation indicates that this site can support a variety of commercial uses
limited due to the size of the lot as well as the proposed restaurant use. This
rezoning is presented to allow the property to be zoned B-2 and to allow a
planned restaurant use.
J
' 40CULLY,LTD. PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
' JULY 1996
III. Planning Analysis
1
Site Suitability - The property has no site specific development limiting factors.
' The property appears well suited for B-2 zoning use development based on site
evaluation of soils, slopes, wetlands, ponds and lakes, flood plains and other site
suitability and environmental factors. The site is urban in nature, appears well
compacted and is, in part, covered with asphalt.
' Soils - The soils are suitable for site development purposes. The USDA Soil Conservation
Soil Survey for Frederick County identifies the soils of the property on map sheet 47 as
' Weikert-Berks channery silt loam..
Prime Agricultural Soils.- The property does not contain prime agricultural soils as
' identified by the Frederick County Comprehensive Plan.
' Slopes - There are no steep slopes on this property. The topography is ideally suited for
commercial type development.
I
Wetlands - There are no wetlands on this property. The property is generally well drained
and has no low lying wet areas that indicates the presence of a wetland area.
IPonds and Lakes - There are no ponds or lakes on the property.
Flood Plain - The property is not located within the 100 year HUD designated flood plain
as identified in the Frederick County Comprehensive Plan and panel map number 510063-
' 00200B of the United States Department of Housing and Urban Development Flood
Boundary map.
' Adjoining Properties - Development impacts are slight on adjacent properties.
The primary impact concern on adjoining properties is the change of use a
commercial restaurant setting. The impacts of the allowed uses from B-1 to B-2
' on the surrounding uses is not significant since all surrounding uses are similar
in commercial uses. Any impacts would be addressed through the existing
' zoning and planning, distance, setback, buffer, landscaping and screening
regulations.
' A building setback is required from Route 277. The adjoining property to the
north is Route 277 (Fairfax Pike) with existing commercial restaurant use and
' highway service uses along the road frontage. To the east is land zoned B-1 with
a commercial restaurant. To the south is land zoned B-1 with a shopping center;
and, to the west is land zoned B-1 and B-2 with a bank and convenience store.
'
• OULLYLTD. PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
'
JULY1996
' ZoningReview - The property is currently zoned Neighborhood Business (B-1)
p p Y
allowing by right a variety of business uses.
Under the Business General (B-2) zoning regulations a variety of retail and
' commercial activities are permitted by right. The proposed restaurant is
permitted in the B-2 zone.
The impacts of the Business General (B-2) uses on the surrounding commercial
uses is not a factor since the same uses are allowed; however, through existing
zoning distance, setback, parking, landscaping and screening regulations site
development impacts are mitigated with these and other local development
' controls. The size of the site limit the impacts of any B-2 type use.
IV. Traffic Impacts
' Traffic impacts are negligible for thisproperty. Im acts of vehicular access and
pp
' turning movements on the adjoining properties is slight considering the
property fronts on the east bound lane of Route 277 (Fairfax Pike).
' The B-2 zoning may result in an increase of trips from the current B-1 type
zoning to the B-2 zoning which allows a wide variety of commercial uses such as
restaurants and service oriented or retail businesses. The proposed restaurant
use is a permitted use in both zones, therefor traffic impacts resulting form the
zoning change are not a factor. The site will produce the same traffic impact for
' the same allowed use. The limiting factor for traffic impacts is the size of the site
and the size of the structure. The site has existing commercial entrances
' available for access.
V. Sewage Conveyance and Treatment Impacts
There are no sewage conveyance or treatment problems associated with this
g Y
' project. Sewage service to this site is provided by Frederick County Sanitation
Authority via an 6" sanitary sewer line located at the rear of the property.
I
VI. Water Supply Impacts
' There are no water supply or transmission problems with this property. Water
service is under the Frederick County Sanitation Authority. An 6" water main
located along the front of the property is suitable for service to this site.
'
• qULLY,LTD. PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
'
JULY 1996
IVII. Drainage Facility Impacts
' Proper storm water management planning will result in minimal or no site
drainage impacts.
' Predevelopment runoff rates will be maintained using recognized storm water
management standards. These will be defined when a site development plan is
' prepared and approved for the site.
VIII. Solid Waste
There are no solid waste collection and disposal impacts. Commercial private
' haulers will provide removal to the regional landfill.
IX. Historic Impacts
There are no structures currently located on this property of significance. A
' review of the National Register, the Virginia Landmarks Register and The
Frederick County Comprehensive Plan indicates that there are no known
historic structures on this property.
X. Community Facilities
Education - This project will generate no school children and therefore have no
effect on educational cost in Frederick County.
Parks and Recreation - This project would result in no impact on Parks and
' Recreational facilities.
Emergency Services Cost - There are no additional fire, rescue or sheriff facilities
' anticipated with the development of the property from B-1 to B-2 type uses.
' Fire protection is available from the Stephens Volunteer Fire & Rescue
Company. The planned B-2 rezoning will have all required site development
standards required by the fire code, building code and zoning codes. There are no
' fire protection problems associated with this property. All hydrants and fire
protection measures will be installed when the property is developed.
Rescue services are provided by the Stephens City Fire & Rescue Company.
' • qCULLY,LTD. PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
' JULY 1996
Sheriff Department services protection will be required by this facility. Routine
patrols of the area should suffice for the majority of time and materials necessary
to cover this property.
' XI. Environmental Impacts
' There will be certain minor negative impacts due to the construction activity
including run off sediment, noise and construction traffic movements. These
' are to be minimized by proper compliance with local and state laws for
environmental protection. The effects on the down -stream impoundment and
stream are minimal and in accordance with local and state regulations.
There is no known loss of irretrievable resources involved with this project.
tThere are no known endangered species of fauna, flora or wildlife which will be
effected by this project. Ground water and air quality should be unaffected. A
' minor impact of a negative nature is associated with lighting for security and
business use. These should be closely controlled during planning stage to
' minimize the adverse impacts on adjacent residential structures and impacts on
the traveling public.
IXII. Fiscal Impacts
' Fiscal impacts for the property are determined based upon the fiscal impact
model prepared by the Frederick County Department of Planning and
Development staff. The fiscal impact model results are attached in the appendix
' of this report.
The model suggests that there is a net positive fiscal impact credit of $571,465.00
by rezoning from B-1 to B-2.
Capital Costs not covered by County contributions to fire and rescue is suggested
by the model to be $183.48.
IXIII. Other
This planned zoning change would create a positive fiscal impact as compared to
the existing zoning. There are no known other impacts.
L
OLLLY,LTD. PROPERTY
IMPACT ANALYSIS STATEMENT
FREDERICK COUNTY, VIRGINIA
JULY1996
APPENDIX
1. LOCATION MAP
2. PROPERTY SURVEY
3. FREDERICK COUNTY IMPACT MODEL REPORT
4. PROFFER STATEMENT
O 7_C•T
INTM,HANd
I
H • 4
730 a L 7qp„—i
745; Bartopmll-
- - ring
4,
°.,
57
.. Stephen .City• • '��•• :, -� ,a -\
—(BM 7 •�� Radio
1,'�/: • • `'p Facility,
n 1 _ iso I f" _. •i. � •S. . •
9.
WT
0 17 `� •° 7<q
Green Hill V
Cern
78
•,dk �, '�� - Q.. a ShareRU�
Ing tp-
/ /y \ • ° ,700, 7S2 Q =EI4
1( •= O - _
736
Gilbert W. Clifford and Associates
200 N. Cameron Street
Krinchester, Virginia, 22601
LOCATION MAP
0 0
SELF STORAGE
N 6�10222' 51 "W 284.02 COMPOR71NN
STEAK HOUSE
iw
io
to
`o m
w 19 Vr-. 7 z
cn
Ln
o ( y
0
7" m I tz � R11GK�t,
W `t G
N Ih
N
Ln
U �.
� I C%j ,x
,+
1�
OUTPUT MODULE
Net
Credit for
Fiscal
Taxes to
Capital
Impact
Capital
Net
Costs
clssiit
ci3
Impact
Fire Department
$17
$104
$0
Rescue Department
$68
•
Elementary Schools
$0
Middle Schools
$0
$38,122
$0
High Schools
$0
Parks and Recreation
SQ
$2.266
IQ
TOTAL
$84
$571,465
$40,492
$0
FIRE AND RESCUE ADDENDUM
New Capital Costs Not $183.48
Covered by County
Contributions
NOTES: Model Run Date 6/26/96 EAW
Scully Rezoning: Assumes 21,361 sq.ft.of retail space on 0.6 acres rezoned 82 from 81
gilbert w. cli f f ord & associates, inc.
Engineers • Land Planners • Surveyors
Incorporated 1972
The Winchester Towers
200 North Cameron Street • Winchester, Virginia 22601
540 667-2139 • Fax: 540-665-0493
150C Olde Greenwich Drive. • Fredericksburg, Virginia 22401
540-898-2115
L
0
Ll
1996 COUNTY Of FREDERICK, VIRGINIA
Tax Year. REAL ESTATE TAX BILL
C. William Orndoff, Jr., Treasurer
please see reverse side for additional inrormauon.
Ticket #: 27249
Property I.D. #: 85 - A- - 148- TOTAL ANNUAL TAX
Property Description: 5.05 ACRES S 1c�y ,�, Ci +-'-.t $14,923.20
---- ASSESSED VALUtb
LAND LAND USE IMPROVEMENTS ASSESSED VALUE PER 0100 Date Due: June 5 1996 Date Due: Dec. 5 1996
4412--
GEORGE WASHINGTON HOTEL CORP.
P.O. BOX 3038 1 68-139l514
WINCHESTER, VA 22604 -
PAY /`� �� a �T►�� 1 I' �SUi.Yi� $ /,37- ,Z u
a TO THE [/�' 1��//�-���y��
ORDER OF �— L1-lsi�--/--�
O L L A R S I
F&M Bank Winchester
WINCHESTER. VIRGINIA
F OR
u.0044 L 21I' i:0 5 L40 L 3991: 11' LO 2 386 L11' ,1' 000 L 3 2 290,1'
1016
SCULLY LTD.
P.O. BOX 3038
WINCHESTER, VA 22604 ' " - 68-139/514 '
PAY
TO THE
rye•
<I ORDER OF_L� 11�iYi Or�CJ�i'� `Tr._,
tjo
a �I1C 11'Y�C,I r�-IC i�LAndred 1 f 1 T�L CJCj174 'i 'knit DOLLARS
I F&M Bank Winchester
IWINCHESTER, VIRGINIA
F0RQQ--4-- XC3- IIGiCG'r�' al�449 --
VOOLOL611' i:05L40L399i: 1102244LOLog x
11-0'60b P. L 38 70.
0
'111 COUNTY OF FREDERICK, VIRGINIA
FIRE AND RESCUE DEPARTMENT
107 North Kent Street
Winchester, VA 22601
Thomas W. Owens
Director
July 12, 1996
Burgerbusters, Inc.
302 Hickman Road
Charlottesville, Virginia 22911
Dear Sir,
Douglas A. Kiracofe
Fire Marshal
I received a Fax, on the 28th of June regarding a proposed Taco Bell, to be located in the
Stephens City area of Frederick County. The note stated that this Fax, goes with the
previous Fax, which I did not receive. I will try to address the questions contained in this
Fax, as best I can.
1.) Fire Zone- The proposed site is located in a hydranted area of the county, serviced by
the Stephens City Fire and Rescue Company, which is located approximately 1/2 mile
from the site. The ISO rating for this area is 4,.-
2.) Nearest Fire Hydrant- There is a hydrant on the adjacent property, in front of the Ace
Hardware Store. This hydrant could satisfy the requirement of a hydrant within 300' of
your facility, so long as there was an inter -parcel driveway. Hydrants are required within
300' of a new building. This measurement must be taken in the centerline of the
roadway, as this is where we would lay hose lines.
3.) Sprinklers- We advocate the installation of Sprinkler Systems in all structures,
especially public assembly buildings. I would encourage you to explore the savings in
Insurance premiums for having a Sprinklered building. As for being required, they would
not be required by the Building Code, in a building under 10,000 square feet. Some
storage areas, and mechanical rooms may require a limited area sprinkler system,
supplied by the domestic water.
4.) Separate Line- For any required limited area sprinklers, they can be supplied from
the domestic water. Dual back -flow preventers are required at the connection to the
domestic water supply. Should you decide to sprinkler the entire facility, a single line
could be utilized to the building, with the domestic coming off the line ahead of the
sprinkler check valves. As for fees, and specific design for this arrangement, please
contact John Whitacre, Frederick County Sanitation Authority, at 540-665-5690
Director (540) 665-5618 0 Fire Marshal (540) 665-6350 0 Fax (540) 678-4739
-. -V 0 •
Burgerbusters Letter
page 2
5.) Fire Lanes- Posted fire lanes are required at any hydrant or siamese connection. The
fire department must also have continuous access to the building, which is sometimes
best ensured by having osted fire lanes. Typically, for your type of facility, drive
through lanes satisfy this need. For any required fire lane, the minimum width is 20'.
I hope I have answered your questions on this issue. Should you have any further
questions, or desire additional information regarding Fire and Rescue Services to this site,
please do not hesitate to contact me. Thank You.
Douglas A. Kiracofe
Fire Marshal
cc: Evan Wyatt, Planner
June Wilmont, EDC
Jack Lake, Chief Stephens City Fire and Rescue
file
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
NOTIFICATION OF PUBLIC HEARING
August 28, 1996
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #005-96 OF SCULLY LTD.
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on September 11, 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 Scully Ltd. to
rezone 25,593 square feet from B1 (Neighborhood Business) District to B2 (Business General)
District. This property is located on the south side of Fairfax Pike (Rt. 277), east of the I-
81 /Stephens City interchange beside the existing Kentucky Fried Chicken and in front of the existing
Ace Plaza shopping center, and identified with PIN 85-A-148 in the Opequon 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, Virginia. Please contact our department if you have any questions
regarding this letter.
Sincerely,
Evan A. Wyatt
Planner II
EAW/cg
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
A UCq u 5+ 19� 1116 from the Department of Planning and Development,
Frederick County, Virginia:
SCULLY LTD. ALLEN FOOD SERVICE
Attn: Thomas G. Scully, Jr. 1625 Apple Blossom Drive
P.O. Box 3038 Winchester, VA 22601
Winchester, VA 22604
Nerangis Enterprises Frank W. & Brenda Welch
125 West Boscawen Street 129 Fairfax Pike
Winchester, VA 22601 Stephens City, VA 22655
Harry F. Stimpson, III
152 Fairfax Pike
Stephens City, VA 22655
I - bu—
Evan A. yatt, PI ner II
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Rdb nn Hall , a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A. Wyatt, Planner II, for the Department of Planning and
Development, whose name is signed to the foregoing, dated I2q , has
personally appeared
ersonall a d before me and acknowledged the same in m State and ounty aforesaid.
g .
Given under my hand this day of � l a G (1 �� . j q [0
My commission expires on 1 I a Y-� `"I 1999
n., 14"-y
� NO- ARY PUBLIC
w
0 •
I
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
August 9, 1996
NOTIFICATION OF PUBLIC HEARING
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #005-96 OF SCULLY LTD.
(Re -scheduled from the August 7, 1996 meeting)
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on August 21, 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 Scully Ltd. to
rezone 25,593 square feet from B 1 (Neighborhood Business) District to B2 (Business General)
District. This property is located on the south side of Fairfax Pike (Rt. 277), east of the I-
81 /Stephens City interchange beside the existing Kentucky Fried Chicken and in front of the existing
Ace Plaza shopping center, and identified with -PIN 85-A-148 in the Opequon 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, Virginia. Please contact our department if you have any questions
regarding this letter.
Sincerely,
L .
I
it -
Evan A. Wyatt
Planner II
EAW/cg
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
Au,L, I } 19 from the Department of Planning and Development,
Frederick County, Virginia:
SCULLY LTD. Frank W. & Brenda Welch
Attn: Thomas G. Scully, Jr. 129 Fairfax Pike
P.O. Box 3038 Stephens City, VA 22655
Winchester, VA 22604
Nerangis Enterprises
125 West Boscawen Street
Winchester, VA 22601
ALLEN FOOD SERVICE
1625 Apple Blossom Drive
Winchester, VA 22601
Harry F. Stimpson, III
152 Fairfax Pike
Stephens City, VA 22655
Evan A. , yatt, Planne II
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, f?fqa. 1 l , a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A. Wyatt, Planner II, for the Department of Planning and
Development, whose name is signed to the foregoing, dated , has
personally appeared before me and acknowledged the same in m State and County aforesaid.
Given under my hand this th day of 4,jQ(jq jqq �.
My commission expires on Ee hn-c a qj
TARY PUBLIC
I
July 24, 1996
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
NOTIFICATION OF PUBLIC HEARING
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #005-96 OF SCULLY LTD.
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on August 7, 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 Scully Ltd. to
rezone 25,593 square feet from B 1 (Neighborhood Business) District to B2 (Business General)
District. This property is located on the south side of Fairfax Pike (Rt. 277), east of the I-
81 /Stephens City interchange beside the existing Kentucky Fried Chicken and in front of the existing
Ace Plaza shopping center, and identified with PIN 85-A-148 in the Opequon 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, Virginia. Please contact our department if you have any questions
regarding this letter.
Sincerely,
&J-V� k .
Evan A. Wyatt
Planner II
EAW/cg
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
J0iounty,
�� from the Department of Planning and Development,
Frederick Virginia:
SCULLY LTD.
Attn: Thomas G. Scully, Jr.
P.O. Box 3038
Winchester, VA 22604
Nerangis Enterprises
125 West Boscawen Street
Winchester, VA 22601
Frank W. & Brenda Welch
129 Fairfax Pike
Stephens City, VA 22655
STATE OF VIRGINIA
COUNTY OF FREDERICK
ALLEN FOOD SERVICE
1625 Apple Blossom Drive
Winchester, VA 22601
Harry F. Stimpson, III
152 Fairfax Pike
Stephens City, VA 22655
Q • ✓
Evan A. yatt, Pla r II
Frederick Co. Planni g Dept.
1, 2JEAb RM� L I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A. Wyatt, Planner 11, for the Department of Planning and
Development, whose name is signed to the foregoing, dated , has
personally appeared before me and acknowledged the same in my tatea d County aforesaid.
Given under my hand this day of ` ' q
Lo
My commission expires on -e . , � 9 `
�Aao--,-
TARP PUBLIC
0
TELEPHONE: 540-662-3489
540-667-6900
SCULLY LTD.
20 SOUTH KENT STREET
POB 3038
WINCHESTER, VIRGINIA 22604
July 17, 1996
Mr. Evan A. Wyatt
Frederick County Planning Department
107 North Kent Street
Winchester, Virginia 22601
RE: Scully Ltd. Application for Rezoning
Dear Evan:
FAX: 540-722-3544
Pursuant to our conversation of this morning, I am herewith enclosing
the amended proffer statement for the above referenced application. As
you can see we have included using the existing entrance on to Route 277
and have also proffered that we will not use the land for certain
businesses allowed.
I have also included the comment pages from the County Attorney, Fire
Marshall and Town Manager of Stephens City. Even though you said that
the verbal comments from the Sanitation Authority was sufficient, I have
enclosed their written comments as well.
I have also made Mr. Scully aware that he is to be at the Planning
Commission meeting to be held on Wednesday, August 7, at 7:00 P.M. in
the "old" Frederick County Court House.
I would like to personally thank you for all your patience, help and
guidance on this project. We were totally unaware of what was involved
in this application and could not have completed this without your
support.
Yours very truly,
Deanna O. Sager
Secretary to
Thomas G. Scully, Jr.
ds
cc: file
Enclosures
FAX TRANSMISSION
FREDERICK COUNTY PLANNING DEPARTMENT
107 NORTH KENT STREET
WINCHESTER, VA 22601
(540) 665-565 1
FAX: (540) 678-0682
To: Mrs. Sager Date: July 15, 1996
Fax #: (540) 722-3544 Pages: 3, including this cover sheet.
From: Evan A. Wyatt
Subject: Scully Rezoning
COMMENTS:
f
Mrs. Sager.
The Fire Marshal gave me his comments this afternoon; therefore, I thought this
information would be beneficial for your files. Please advise me if you are unable to
contact the County Attorney Office (Jay Cook) or the Sanitation Authority (John
Whitacre).
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
I
Finance Department
Karen A. Cain, Receptionist/Clerk Typist 11
SUBJECT: Return Of Sign Deposit
DATE: August 11, 1997
The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a
deposit for a sign for a Rezoning Application #005-96. They have now returned the sign and are
therefore entitled to the return of their deposit. You may pay this through the regular bill cycle.
Please send a check in the amount of $25.00 to;
RSA/kac
Mr. Thomas G. Scully, Jr.
603 South Loudoun Street
Winchester, VA 22601
107 North Kent Street • Winchester, Virginia 22601-5000
0
0
July 6, 1998
Lantz Construction Company
Attention: Steve Diehl
600 Airport Road
Winchester, Virginia 22602
RE: Review of AT & T Storage Addition Site Development Plan # 043-98
Dear Mr. Diehl:
I had the opportunity to review the above referenced site plan submitted on June 18, 1998. The
following comments, in addition to the those marked on the plan, should be addressed during the
revision of this site plan.
Please include the Property Identification Numbers (PIN) for all properties surrounding the
property.
2. In the box for the zoning administrator to sign please include the following statement:
"Site plan valid for (5) five years from the date of approval. F.C.S.A. approval valid for
two (2) years from the date of approval."
3. The location and nature of all facilities necessary to meet Fire Code requirements shall be
approved by the Fire Marshall.
4. The storm water management plan, and the soil erosion and sedimentation control plan,
shall be approved by the Department of Public Works.
After speaking with you on the telephone I know that you are already aware of these comments.
Please revise the plan to show the comments specified in this letter and resubmit one copy for
my review. Once I have verified the information contained on the revised site plan, I will need all
approved review agency comment sheets along with five copies of the final site plan for
approval. Comment sheets are required form the following agencies: the Virginia Department of
Transportation, the Frederick County Inspections Department, the Frederick County Engineer,
the Frederick County Fire Marshal, and the Frederick County Health Department.
Please contact me if you have any question regarding this letter.
Sincerely,
Bradley J. Currie
Planner I
cc: AT & T Corporation, 8209 Valley Pike, Middletown, Virginia 22645-9530
UABRADMCOMMOMSITEPL-1 WTT.WPD
I
COMMONWEALTH of VIRQINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
DAVID R. GEHR 14031 OLD VALLEY PIKE
COMMISSIONER P.O. BOX 278
EDINBURG, VA 22824-0278
June 12,1996
WILLIAM H. BUSHMAN, P.E.
RESIDENT ENGINEER
TELE (540) 984-5600
FAX (540) 984-5607
Mr. Thomas G. Scully, Jr. Ref: Route 277 (South Side)
603-A South Loudoun Street At Approx. 0.02 Mile West of Route 1085
Winchester, VA 22601 Frederick County
Dear Mr. Scully:
I am writing to confirm our meeting yesterday, June 11, 1996, to review your 25,593 sq.
ft parcel at the referenced location for entrances into a proposed Taco Bell Restaurant.
Based on the enclosed plat of the property you provided and where you indicated the
side property lines are, it appears an entrance or combination of one-way entrances can
be installed into the property tD meet our commercial design standards. Also as
discussed, the existing commercial entrance serving the adjacent hardware store could
be used for access if you desired. However, some type of joint use agreement would be
needed to cover the entrance's use and future maintenance.
Any entrance improvements will need to be completed under Land Use Permit issued
by this office.
If you have any questions or if we can be of further assistance, please let me know.
RBC/ rf
Enclosure
xc: Mr. J. B. Diamond
Mr. S. A. Melnikoff
Mr. Kris Tierney
Sincerely,
(�o k�
Robert B. Childress
Trans. Permits & Subdivision
Specialist Supervisor
WE KEEP VIRGINIA MOVING
! .
0
10
i
SELF STORAGE
N 61022'51'_V 28� 4.02'
1
1 COMA
INN
j 6,824 SO.F 4--
11
STEAK HOUSE
ui
IL
to
w M
-
z
rn
Ln
o
,•
(
N KEN
}-
m
O
W
0
h
G
N
N M
U
�' 1
Vi
..�
1
N
�•
,S2
vo,
i OAtit APRIL 19, 1996
T SCALit I" a 100'
FURSTENAU SURVEYING W&M.0Yt