The URL can be used to link to this page

Home My WebLink About005-94 Burger Busters - Stonewall District - BackfileC„E 1 P T F,O 4133 AMOUNT DUE - AMOUNT PAID $ BALANCE DUE PAID BY CASH 1 CHECK OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601, 9 NORTH LOUDON ST. WINCHESTER, VIRGINIA 22601 RECEIVED FROM 1 ADDRESS THE SUM OF FOR i DOLLARS $ 1 BY DAY -TIMERS RF ORDER No. 1121 — Printed in USA RECEIPT N2 024132 AMOUNT DUE $ �`� . (. - AMOUNT IIAID $; BALANCE DUE PAID BY CASH / CHECK OTHER '. „"il :. I, - 1. ;, ,INNING AND DEVELOPMENT P. O. UOX ova. , , t WINCHESTER, VIRGINIA 22601 RECEIVED FROM t - ADDRESS THE SUM �T Cf DAY -TIMERS RE -ORDER No. 3221 — Pnnted in USA i D C4 DOLLARS $ 51��yli f 01 0 Date 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 City of Winchester Co. San. Auth. Inspection Dept. Fire Marshal / County Attorney 2. Application form 6. L/ 3. Location Map 7. 4. Survey 8. Ll 5. Deed 9. 10. TRACKING Co. Health Dept. Parks & Recreation Airport Authority Co. Engineer Taxes paid statement Sign received Fees paid Impact statement Proffer statement Application Received Fees paid (Amount Adjoiner notifications mailed four PC public hearing A Rezoning heard by PC (Action /l/ w ) Memo to BOS re: date for public hearing Adjoiner notification mailed for BOS public hearing Rezoning heard by BOS (Action Ordinance of amendment with conditions proffered prepared for County Administrator's signature Zoning map amended Rezoning records updated I August 11, 1994 Mr. Guy C. Tudor Route 2, Box 204 Mount Crawford, Virginia 22841 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 RE: REZONING #005-94 OF BURGER BUSTERS, INC.: P.I.N. # 43-2-A Dear Mr. Tudor: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of August 10, 1994. Your rezoning application #005-94 for the rezoning of .84 of an acre from M1 (Light Industrial) to B2 (Business General) was approved, with the understanding that a revised proffer statement, which specifies the type of access that will be provided to the adjoining property, (permanent, vehicular) would be submitted. If you have any questions regarding the approval of this rezoning, please feel free to call this office. Sincerely, s C. Tierney, AICP Deputy Director KCT/dc cc: Burger Busters, Inc. Paul Muldowney 9 North Loudoun SLMCL P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Planning Commission Board of Supervisors July 6, 1994 August 10, 1994 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #005-94 of BURGER BUSTERS, INC. WHEREAS, Rezoning application #005-94 of Burger Busters. Inc. was submitted to rezone .84 of an acre, located on the west side of Welltown Road, at the intersection of Welltown Road and Martinsburg Pike, in the Stonewall District, and designated by PIN 43-2-A, from M 1 (Light Industrial) to B2 (Business General); and, WHEREAS, the Planning Commission held a public hearing on this application on July 6, 1994; and, WHEREAS, the Board of Supervisors held a public hearing on this application on August 10, 1994; and, WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, That Chapter 165 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change .84 of an acre, designated as PIN #43-2-A from M1 (Light Industrial) to B2 (Business General) as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner: This resolution was approved by the following recorded vote: Richard G. Dick W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Jimmie K. Ellington James J. Longerbeam Robert M. Sager This ordinance shall be in. effect upon its passage. Passed this _th day of _ , 1994. A Copy Attest John R. Riley, Jr. Frederick County Administrator N or F PAUL D. MULDOWNEY. ET Al. ZONED: M 1 USE: MANUFACTURING �a Rolm I. 0"r.AIf): ntotc (ao+) 973--c4" � 2 0MCk /AEIL 1 MlLOOMEY Ef AL c/o W pRM 1940C% F 1Yc ty ant twit or, _ Y r MUMOW UM 21741 � m*tfe (ot)-136-"S a oosmca zum - wt IA! WtP 4X(2)) PAFWM A p 1 r PROM" MCEA OMW ACAES 200t a l IAW m t4: $ OAv" y i ` w�HE rtao urwr \ tiZ sAff Q w APE xKol r ��oQr y [ 0 `-8oUr l it Cie (1 MSFAURAMI t CONKCna+ 1O I lama r twaa sd � AD�ACMT PROPMY l N or F FIRST VIRGINIA BANK N or F y ZONED: B2 f PAUL D. MULDOWNEY, ET AL i USE: COMMERCIAL ZONED: Mi ` USE: VACANT - PROPOSED REZOING FROM M1 '[O B2 FOR A T. 0 BELL Rid: TX IIJVJVT FREDERICK COUNTYNIRGINIA INCR" - TUDOR & COMPANT P.L.C. � OCT Ul S/11/9� 21655 Of s L 94 wE D 1 Z NGRAh1 p �li�i-=c �� Wry �I8 23 3URGcl,.�B cG SPX ?G� 80�� ,dc3 P. 02 o®/z1i94 121: 40 %rso4 424 oloa r.�C. T2'i&'rR;Fii E� oos!uos i t I f El7Z�E'Zc BIIS'I"£RS ;�.�?� ` r�;G cZp.QITcST OPOIR!ORLY ZN m-1-3 N .1!2 OF Paul D. MuldowneX, Et Al ,EZON=G A??L'=!CN h-G..%BE.? 005-94 The =dersi.gmed, B=gergusters, 'ac., t. he s-accesaar Lo Paul D. Muldofwuey, Et: Al _ , vie crlq ^al applicant 'aader razoning applIcztion r,.aer 005-94 dces ha -eby 7oj=tari2.y P=c °far the follow ; g cerdit oa as hereir_after s =ted, The cond..tion rof_ered shall be biti ^q upG= t1he assieus amd sz:ccssso:e isz iaterest of the =dersigaed. -r= to evant tize Frederick Cb=--yy Hoard oz Superisors Srart rs smid rezaur.-.g an3 accepts t` a :com"zioa stated be -rein,, the prof eyed coed .t.ion Shall a.;ypZy, to the land reZo: ed La ad ltion to other cet fLrt! : in the Frederick Co-,= s Code Fioffered Ccnditi.czl: The undersf.gne3 sh<:li pzcr7ic? access; to the adjoini=q p_ore_+-ty des--gnated as "N or E Firs, Qirgi=ia Baak Zoned: S-1 Use: C e--c .al" as shcwn on Exhibit "J• attached hereto and=orporated herein by refexe»ce 4 a Location azbstannially as sh,^xn an E it "A" attached hereto and ? ncarorated herein by refere.�cs. By., W D N or F PAUL D. MULDOWNEY. ET AL ZONED: M1 USE: MANUFACTURING I. apucna. 6UR6ut9UsXom m 35S W-51 1eo FAVO. SMIE "4 u1W-ftnc5ML N19)" 22sa1 Mae 0") 97)-14" Z owfft PAIR J. MKWWJ" Er AL r/b lee. CMAES WACWX 9 reaAkaAL ffrW BOX 473 HACU 1oMIL MM n741 note (--mOt)-7}1-ams aEzt*#c — on JJX NAP 4X(7)) PARCEL A MtEA O W0 ACFWS ADJACENT PROPERTY NorF PAUL D. MULDOWNEY, ET AL ZONED: M1 USE: VACANT G{tk Safe 1 t lel�sa a Jrarw • �liltil��11��.. PROftl6[D � � \ TACO BEII �� RFSTAUItAl1T EN1106r— �Mlpx 1 sewaom swan ' 20AM sur su N or F FIRST VIRGINIA BANK ZONED: B2 USE: COMMERCIAL cot s.w fY_ i i 1e[arwwwr j A. PROPOSED f � { PROPOSED REZOING FROM M1 TO 132 FOR A TWO BELL MlYMMUNT FREDERICK COUNTY,VIRUNIa 1 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Finance Department FROM: Denice Cather, Secretary II IfD c SUBJECT: Return Of Sign Deposit DATE: October 19, 1994 The amount of $25.00 was deposited in line item #10-1911-08 for the person named below as a deposit for a sign. They have now returned the sign and are therefore entitled to the return of their deposit. Please send a check in the amount of $25.00 to: Mr. Guy C. Tudor Ingram -Tudor & Co., P.L.C. Route 2, Box 204 Mount Crawford, VA 22841 Please contact me if you have any questions. DRC/kac 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 .T U N- 2 2- 9 4 W E D 10 4. 1 D L I N G P A M P_ J0-22-94 WED 08:29 SURGERSUS* FAX NO, 80497470 F, 02 01/21/94 12:40 , %T304 424 0102 FAQCm &FRTF,AEv Z002/003 BROFFER BURGZRBU5TERS Mmlolq=a REQUEST iN TEB IQBMB OF ) APPLT.0 I:CN NUMBER. The uu dersigaed, Burgexbusters, Z=., the successor to the origi a1 applicant under rar az niag application, aunber J' aces b= by voluntarily proffer th4 follovisg condition, as herei wafter stated. The condition proffered shall be bindimq upon tba assigns and suCCsasora k�.a iatsre3t of the undersigned. Za the avant the Frederick C6=tyy Board of Snpervisora grants said rezoni-.g and accepts the Iconditica stated herein, the proffered condition shall apply to the land, rezoned in addition to other regusscnts set fcrtil iu the Frederick County Code: Ftoffered Condit!2A.- The undersigned 'shall pravide access to the adjoininq property designated as ":I or F First Virginia Bank Zoned: 2-1 IIse: Ca=aTcial" as abcwn bn Exhibit "80 attached hereto a=d i=o-porated herein1by reference in a location substantially as shown au Exhibit ";b" attached hereto and 'Incorporated herein by rEferenre. BURG'FRB 'i"'a=1 1212 0 i By: 1 i Title: 40,��, 0143\055\prbfwar.twd This resolution was approved by the following recorded vote: Richard G. Dick W. Harrington Smith, Jr. Charles W. Orndoff, Sr. Jimmie K. Ellington James J. Longerbeam Robert M. Sager This ordinance shall be in effect upon its passage. Passed this 10th day of August, 1994. A Copy Attest John R. Riley, Jr. Frederick County Administrator P/C review date: 7/06/94 BOS review date: 8/10/94 REZONING APPLICATION #005-94 BURGER BUSTERS To Rezone .84 Acres From M1 (Light Industrial) To B2 (Business General) LOCATION: On the west side of Welltown Road (Route 661), 200' north of the intersection of Welltown Road and Martinsburg Pike (Route 11 N.) MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 43-2-A PROPERTY ZONING & PRESENT USE: Zoned M1 (Light Industrial), present use - vacant ADJOINING PROPERTY ZONING & PRESENT USE: Zoned B-2 Business General and M-1 (Light Industrial) with a commercial and manufacturing uses. PROPOSED USE: Restaurant (Taco Bell) with drive-thru REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to the rezoning of this property. Our comments should in no way be construed to mean this Department is approving any on -site improvements and/or entrance locations. Before development, this office will require a complete set of construction site plans which detail entrance designs, drainage features and traffic flow data from the I.T.E Manual, 4th Edition for review. Due to this project's proximity to and possible involvement with the adjacent Burger King project, VDOT would prefer a joint design/construction effort between the two developers. Any work performed on the State's right-of-way must be covered under land use permit. This permit is issued by this office and requires a procession fee surety bond coverage and the salary & expense of a state assigned inspector. See also, letter to Robert Watkins from Robert Childress dated June 13, 1994 0 Page 2 Burger Busters Rezoning Fire Marshal: Fire lane will be required to conform with Chapter 10 and the Uniform Statewide Building Code. Capitol costs to fire and rescue not covered by existing contributions will total $267.38. Specific fire and rescue concerns will be addressed on site plans, including fire lanes and hydrants. David Whitacre, Clearbrook Fire Chief: Maintain fire lanes. Hydrant on site? County Engineer: We have no review comments at this time. A detailed review will be made at the time of the site plan submittal. Sanitation Authority: No comment. PLANNING Location: The site is located within the Urban Development Area and within an interstate interchange area. The intersection of Route 11 and Welltown Road will be affected by VDOT's current proposal for this Route 11/37/Welltown Road interchange area. Site Suitability: The property under consideration is level, and has access to public sewer and water. There appears to be no environmentally sensitive features present on the site. The site has been utilized in various capacities in conjunction with the neighboring manufacturing use in the past. Potential Impacts: The most obvious and significant impact anticipated from the proposed use would be traffic. The proposed fast food restaurant with a drive through window would be anticipated to draw considerable traffic. The ITE Trip Generation Manual forecasts 1,900 average daily trips for a 3,000 square foot building. VDOT, 1991 traffic counts showed just over 7,000 vehicles per day on Welltown Road. It should be noted that a number of M-1 uses that would be permitted under the present zoning can be significant traffic generators. Given the recent discussions concerning plans for development of the adjoining property to the south (currently the site of the First Virginia Bank branch office) , staff feels that it is important that there be a means of vehicular access between the two sites. This would serve to eliminate at least a small percentage of trips through the light at the intersection of Welltown Road and Route 11. The applicant has submitted a proffer which states that access will be provided to the First Virginia Bank. There would be less room for misundestanding Page 3 Burger Busters Rezoning if the proffer stated that vehicular access will be provided at the time the site is developed. Conclusion: The anticipated impacts from the requested zoning would be minimal given the curent M-1 zoning of the parcel. The requested rezoning is a "down zoning" which would result in less intensive permitted use of the property. The primary concern of staff would be that increased traffic be handled as efficiently as possible. The applicant's proffer for access to the adjoining parcel addresses this concern. STAFF RECOMMENDATIONS FOR 716194 PC MEETING: Approval, with the acceptance of proffers. PLANNING COMMISSION ACTION SUMMARY OF 716194: The Commission's primary concern was that traffic be handled as efficiently as possible and they believed vehicular access between Parcels A and D was needed. There was some concern, however, that the access could become a shortcut and cause speeding and threaten pedestrian safety. The Commission also felt that the Commonwealth Attorney's concern, that the proffer was not specific enough regarding the access, needed to be addressed. There were no citizen comments. PLANNING COMMISSION ACTION OF 716194: Recommended approval by unanimous vote with the stipulation that the proffer be made more specific regarding access per the Commonwealth Attorney. (Mr. Thomas was absent.) • 0 REZONING APPLICATION FORM FREDERICR COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number oc75-q4 Submittal Deadline �- i 3- 9+ PC Hearing Date 7-cY-q-4 Date Received J-13-qv Application Date BOS Hearing Dategt - i 4 - v k/ The following information shall be provided by the applicant: All parcel numbers, tax map numbers, deed book pages and numbers may be obtained from the Office of the Commissioner of Revenue, 9 Court square, Winchester. 1. Applicant: Name: Burger Busters, Inc. Address: 355 West Rio Road, Suite 204 Charlottesville, Virginia 22901 Telephone:(804) 973-1491 2. Owner: Name: Paul D. Muldownev et Al Address: P.O. Box 478 Hagerstown. MD 21741 Telephone:(301) 739-8215 In addition, 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: Owners - Paul D. Muldowney, Louis J. Tiches, Chrysse T. Mayes, III, Lydia T. Mavromatis;.-Charles E. Tiches, II, Stamatios L. Tiches and Alexander L. Tiches 5 • 0 3. Zoning Change: be changed from It is requested that the zoning of the property M1 to B2 4. Location: The property is located at (give exact directions): West side of Welltown Road (Rt. 661) 200' north of the intersection of Welltown Road and U.S. Route 11 - (Martinsburg Pike). 5. Parcel Identification: 3 y 21 Digit Tax Parcel Number: �`2 ((2)) Parcel A 6. Magisterial District: Stonewall District 7. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 0.8400 Acres The area of each portion to be rezoned to a different zoning district category should be noted: 0.840 Acres Rezoned to B2 Acres Rezoned to Acres Rezoned to Acres Rezoned to Frontage: 230 Feet Depth: 220 Feet 8. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: P.L. & K. Associates (Va Partnership) Deed Page: 664 Deed Book Number: 278 R 9. Proposed Use: It is proposed that the property will be put to the following uses. Restaurant with Drive Thru 10. Checklist: Check the following items that have been included with this application. Location map _ Survey or plat Deed to property Statement verifying taxes Sign receipt Agency Comments Fees _�_ Impact Analysis Statement 1! Proffer Statement 11. signature: I (we), the undersigned, do hereby make application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Burger Busters, Inc. Owner: 12. Representation: If the application is being represented by someone other than the owner or application and if questions about the application should be directed to that representative, please list the following. Representative's Name: Ingram -Tudor & Company, P.L.C. Representative's Phone Number: (703) 828-2778 7 M • 0 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a road from the requested property. The applicant is required to obtain the fol- lowing information on each adjoining property including the 21-digit tax parcel identification number which may be obtained from the office of the Commissioner of Revenue. Name Address and Property Identification 1 Winchester North, Inc. Address: 11841 Cannon Blvd. Newport News, VA 23606 Property ID: 43-A-50 2 Exxon Corporation Address: P.O. Box 53 Houston, Texas 77253 Property ID: 43-A-49 3 Bank of Frederick Co. Address: P.O. Box 389 c/o First Va Bank Woodstock, VA 22664 Property ID: 43-3-D 4 Paul D. Muldowney Address: P.O. Box 478 Hagerstown, MD 21740 Property ID: 43-A-51 5 Address: Property ID : '-f 3 6 Address: Property ID: 7 Address: Property ID: 8 Address: Property ID: 9 Address: Property ID: 10 Address: Property ID: 0 -TC.JN = Z -94 W E D 1 D L N R it P'1 I r� � P � JUN-2-7-94 WED 08; 29 ?LIRGEELS i E ERE EPX �f0, 804974 13 0f/2i/84 22:40 %M4 424 0102 F.iG RThFRIF,I3E�i �IIQS/003 r r�OF�q BUZ6r`�2,BUSTBRS P:°�CR�iG rZEQtTEST X11.42 OF Paul D. Muldowney, Et Al r "ZCNFNG APP==::CN ' IMSER 005-94 'i'he uad,ersi.gned, Burgerbusters, :,c., T.he srzccesacr to Paul D. Muldoiwney, Et Al , the crigimal a,&Plicaat u-ndec ro7oning apFli.ca.tion ann er 005-94 d^es hareby Valnsstarily pt"al.-fer tho follov4i g cctditioa as hereiaaftar stated. The condition Orctfeyed shall, be bitdi^q upcn tb,a assigts and 32Zcc]8330- V ks.a interest o= the uudcrsiqued. ZZ tha aaQ=t the Ftederick c6untyy Board of Supervisors S=a :ts said rezomi--g and accepts the icondirioa stated herein, the protfe.�ed condition shall apply, to the land rezoned is ad Utioa to other re4tLzereA:s cat fart« in the Predarcic corat-y cede: i Pottered Canditioa: TLe undersigned smell p=7id.e access to the adjainiag pronei7ty des, qm,,-ted as "N or 3 Pirst V.i.rgi=ia Bank Zoaed: B-1 Vse: C==ciaZ" as shown on Exhibit 'A' attached hereto a=d ircQrporated herein by reference is a location substantially as sheer QA Brhil�i,t "A" attached hereto and ? nc--c-;crated herein by I`` Q 1Q3 �05� \prOff®r. t�.�i CJ d W D N or F PAUL D. MULDOWNEY, ET AL ZONED: M1 USE: MANUFACTURING Ro" 1. A7f41tIX1: ViRcEmwisim m JSS Trsr 1eO POW. S211TT: 204 al.w-OrTt3"tf. VPQAA i2fo1 F "O-- (404) 973-14" 2 VWfft PAIR A WUMOSWY Er At r/O W CKA RES WiCKA E Fl A CAL TYTX" 60X 47E HACUtSTOOK WIL 22741 ifM,le (.104)-734-8115 1 4.7zr*m I�UlAKil A ARFA 09400 A S ADJACENT PROPERTY N or F PAUL D. MULDOWNEY, ET AL ZONED: M1 USE: VACANT :4„ 1 4 � 4s 1 370�06� • _ \\ ` \ `` VAMP f Y FrWAMAHT v^ 1 ceri w�Sca� stfLoorRCEn �� \\ � f b0' E 'IO1VY -\ZtMXV M4f'000 PIPa14 jO•� -�� ' 4477�M Riff UIL �:1�� Q' N or F FIRST VIRGINIA BANK 0 ZONED: B2 f j USE: COMMERCIAL PROPOSED REZOING FROM M1 TO B2 FOR A TWO BELL MST.411)UNT FREDERICK COUNTY,VIRGINIA i C O V E R FAX S H E E T To: Taz Shultz Fax #: 722-2803 Subject: Burger Busters Proffer Statement Date: 12/07/95 Pages: 2 , including this cover sheet. COMMENTS: From the desk of... Evan Wyatt Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 540-665-5651 Fax: 540-678-M2 TUrv-=-9.s WED D L 1 � Z N�Rart Ji�N-Ec-s WED 08 ; 29 SURGcRE S , 1 ERS FAX INC, 804 47oc3 00/21/84 12:40 ` %T304 424 0102 F.i�GrRT& ;i;UF`7 I I ' r�dF�Q BUZ6ERBIISTPRS F2"ACN=G P-'-*QUZST (POIR!O tLY 1N TIM NAA.142 OF Paul D. Muldowne_y, Et Al ".TdNiNG APP=C '_"C'.i' 3t'HBE.? 005-94 P F. 9 - VC 2 002/0D3 The �dersigned, Burger-husters, Inc., the =ccessor to Paul D. M+ uldoiwney. Et Al the 027! g4 r, a I applicant lmd.er rmzoni nq application ar.=_ber 005-94 dres ha-reby colrntarily p.`'af er the follo,v4in q cvz:ds.tioa as hereir_aftar stated. The condition rof_ered shall be b.itdi^g upan tha assigns and suce033cxv Lta interest of the undersigned. 2a the cvomt the E'rederic3c Cbantyy Hoard of Supercimor= ,c-ra :ts said rezog and accepts the (coziditiozz stated herein, the pxoffeyed condition Shall apply to the land rezoned in adc t'_oa to other ttrerents eat vr`..: iu the Preder ck Co=ty Code i l Fraffered Conditiazl: The uuders�.S=ed shall grovide access to the adjcini»g grorp y des :grated as "N Or 3 Pwrsn Sank Zoned: 9-1 'Use: C ze cial." as shown on Exhibit -.L• attached hereto a.,rd i==poxated herein ; by refereztce -I m a location substantially as sheer cn Exhibit "a" attached hereto and :ncargorated herein by By. Tst?e:Si? J' i 01d3�C55�prbffer. tti.�i i N or F PAUL D. MULDOWNEY, ET AL ZONED: M1 USE: MANUFACTURING , KAla i 365 ersf !W IIW. aux 2" a"��L — ` 2 ov"it PAVE a MA.oa7►LY Er Al. 1 c/a ka cwju3 m+c}ME-N I 1 nW-k CLAL EfYXER y tZ 60A E73 1 RACUtYIart La M741 l WPAMEL A Al F 4X(7) lREA o bfUO ACRES nad — 1 z 7D 1 �y $1 � A w J ADJACENT PROPLRYY N or F PAUL D. MULDOWNEY, ET AL ZONED: M1 USE: VACANT G{�x Sins i'ti1"GtS L-�- k,i "c 40 5: f ANT / DAP't pu waa rroo-onwo / i VFE uJ1Q5CAP£rffi� .d ►iII,.�,. a =� fwWoetl f�/N�4' ic"aw=IL N or F y FIRST VIRGINIA BANK ZONED: B2 tit USE: COMMERCIAL 1 AMIN cat-- \ in sow _zr � (Y_ �r 1 ZtmkAW i ` vi f � PROPOSED REZOING FROM M1 TO B2 FOR A VC0 BELL MSTMIMAT FREDERICK COUNTY,VIRGINIA INCMM - TUDOR & C011PAH, P.L.C. �r -- ucvat at OCT [ ws. Sinsyst, sdtext Plrwss XAM 1/94 L 21655 ` 1 Of I L\ / z 2� J / Q� P a % / Se-' k9/aN� / uut�owl:EY, t7 AL (>tgHct Arb: 3,1664 A0ee Ref. De =—P :ae Adl,eted Ares 3 4224 Aae• W i► r.14T w ooiLk 1µK 2Ckd e2 um MOM " I-FQ;7ND: IPF -- Iron Pipe Found IRi= — Iron Rod Found IRS — iron Rod Set q)-) — Utility Pole e — C & P Telephone Prdostal ZONED: Wl U2Z ►IANUFAC TURINC ^, ry �7t �w tanl r� /e Lie ,h 4��PARCEL 'A' Or1� d Area 1.09e0 ea R„ a�w round of OB 226-P 141 Adp ted Areo: 0.84C-0 ee �laP 43((2)) Prfoel A � .,�e:Zlia^�faclur!np � 4��0 cr$ t {131 N G TES: - The lot shown hereon does not Ile within a designated 100 year floodpiafn. 2. No title report furnished. 3. Easements other than shown may exist. h /7"f GRAPHIC SCALE 100 0 80 100 200 I FT ) 1 inch >a 100 ft. BOUNDARY LINE AOJUS7MENT Tax Map 43((2)) Parcel A and Tax Map 43((A)) Parcel 51 QF standing In the name of PAUL R 141-DOWEY, ET AL Calnesboro Magisterial District Frederick Count , Wr lMa 2 o CERTIFICATE NO. DATE: February 7, 1994 Scalq: 1'-100' ISheet 2 of 2 U 7 � l gllbert w. Clifford & associates, Inc. CLOT IED; / ENGINEERS — LAND PLANNERS -- SURVEYORS LAND 1So--C old• GTeenWICh Drly 200 North Cameron St-W,, SURVEYOR Frv-derlc vburp, Wglnla 22401 W1nahs4tvr, Virglnlo 2.25C' ` (703) 898-2115 (703) 807-2139 0 0 w. .., .. ....." Icsirmle Cover Sheet Y A01 uor & Gompany, L t(; �wrlo you a site sKe-tch itte aojacent property at we rear. Flea:,e t, ;pn-j caii irtie it you tiave any questions. Lee wid ae6cjc,5 to use this for Me profiler 0 COUNTY of FREDERICK Department of' Planning and Development 703 / 665-5651 Fax 703 / 678-0682 June 22, 1994 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: BURGER BUSTERS, INC. Rezoning Application #005-94 to rezone .84 of an acre from M1 (Light Industrial) to B2 (Business General) for a restaurant with drive-thru. This property is located on the west side of Welltown Road, 200' north of the intersection of Welltown Road and Martinsburg Pike, in the Stonewall District, and is identified as PIN 43-2-A. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of July 6, 1994, at 7:00 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 9 North Loudoun Strcct P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t the attached correspondence - mailed to the following on „ June 22,1994 fr the Department of Planning and�Cievelopment, Frederick County, Virginia: Burger Busters, Inc. 355 West Rio Road Suite 204 Charlottesville, Virginia 22901 xngram Tudor & Co. Route 2, Box 204 Mount Crawford, Virginia 22841 t�J:!:t'�lC:!'•H:;:","lYS:P�: i'dfil�ii'1••i, :1:rdC:.. i.:i.t.i.r'r:i. CY-111110N a:11,..VXi 43 r,:ti x:t(�i•!i< t;}F'' i�''l��t::::t}1�:{'2:Ct:;1: C.a'.}l.iiad'T'`r, •e,k',3 i il.11...:i)t:Ak1i1111:::Y , STATE OF VIRGINIA COUNTY OF FREDERICK •.'.:i.'�'40.... Kr' . Tier e D uty Direc Frede ick County ept. 1 ning I, Renee' S. Arlo a , 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 June 22, 1994 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 22 day of June ,1994 . My commission expires on August 31, 1995 NOTA UBLIC COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 July 27, 1994 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: BURGER BUSTERS, INC. Rezoning Application #005-94 to rezone .84 of an acre from M1 (Light Industrial) to B2 (Business General) for a restaurant with drive-thru. This property is located on the west side of Welltown Road, 200' north of the intersection of Welltown Road and Martinsburg Pike, in the Gainesboro District, and is identified as PIN 43-2-A. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of August 10, 1994, at 7:15 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t the attached correspondence mailed to the following on July 27, 1994 frothe Department of Planning anvelopment, Frederick A County, Virginia: IBurger Busters, Itbc. 355 West Rio Road Suite 204 Chalrottesville, Virginia 22901 Ingram Tudoe $ Co. Route, 2 `Sox 204 Mount Crawford, Virginia 22841 1:i:};}Ct:3i1\i 4 . i.-IOt.JS T't:3ht, 0 :1..... C3F'' l :RTC,'K t:,t:3t.JN'}'Y #i f Vr.l xst:3:: trJt:3t:3X7i;3'7't:3i::{4 , ` n Hl.Jl_.X}t:3ti'1` , P:.�1t.li... X} :. 1••ldlt�:l:::{"��:'T't:lt�J�!, yiX.>., i C. T'er ey, eputy Di or Fre Brick Count Dept. Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta , 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 July 27, 1994 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 27 day of July My commission expires on August 31, 1995 (A�M'j a60't--' '-ROT RY PUBL C _1994 PLANNING COUNTY OF FREDERICK COURTHOUSE COMMONS 2ND FLOOR 9 N. LouDOUN ST. — P. O. Box 601 WINCHESTER. VIRGINIA 22604 I NChIr aT ORT h"I , 1 i£:i41 C fiL.VD NE: WPO 43 =,U INC. 1] COUNTY of FREDERICK 0 June 22, 1994 Dcpartmcnt of Planning and Dcvclopmcnt 703 / 665-5651 Fax 703 / 678-0682 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: BURGER BUSTERS, INC. Rezoning Application #005-94 to rezone .84 of an acre from M 1 (Light Industrial) to B2 (Business General) for a restaurant with drive-thru. This property is located on the west side of Welltown Road, 200' north of the intersection of Welltown Road and Martinsburg Pike, in the Stonewall District, and is identified as PIN 43-2-A. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of July 6, 1994, at 7:00 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties wishing to attend this meeting may do so. Sincerely, e, 7�2-� Kris C. Tierney, AICP Deputy Director KCT/dc 9 North 1.010Ou11 SuFcct Winchcacr, VA 211-001 P.O. 13u\ 601 Winchc,tcr, VA 22604 0 PROFFER STATEMENT As the Applicant is asking for a down zoning from industrial M-1 to business B2, no proffers are being provided at this time other than the site plan. The Applicant is however open to discuss any suggested restrictions that the Planning Staff or the Planning Commission may deem appropriate to this site. T Glue i, • COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 MEMORANDUM TO: Lawrence Ambrogi, Commonwealth Attorney FROM: Kris C. Tierney, Deputy Director � A'K RE: Proffers for Burger Buster, Inc., Rezoning DATE: June 22, 1994 Attached is a proffer statement, submitted just today, for the Burger Busters Inc., rezoning. Please review the statement and offer your comments on the enclosed form. A hasty reply would be appreciated as we plan to mail the agenda for the July 6 Planning Commission meeting on Friday. KCT/slk attachment 9 North Loudoun Struct P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 0 • REOUEST FOR REZONING COMMENTS Frederick County Commonwealth Attorney Winchester -Frederick County Judicial Center 5 N. Kent Street Winchester, Virginia 22601 (703) 665-6383 The Commonwealth Attorneys office is located in the Winchester -Frederick Judicial Center at 5 North Kent Street in Winchester, if you prefer to hand deliver this review form Applicant's name, address and phone number: Name of development and/or description of the request: Location: au h h Attorney Comments: P ` �%� ✓ be- hi c ✓ t' f1c / Lt'r �l jyt G�'C f 1�M:�gr�7L�QscAirn/ ef,- �'!y�l�-a"r/-w4o✓ Ie=K �MST�4c�J<<� eti C S 4pn d w h ✓P EC r / J t! 1 oC 42C,,"p,-Cr `i►► �v h4 Attorney Signature and Date: �!gn. Z (NOTICE TO ATTORNEY * PLEASE RlitUO 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 lorm, proffer statement, location map and all other pertinent information. 20 JUN-22-94 W ED 10.41 D L I "GRAM 0 P JUN-22-94 WED 08:29 BURGERBUSTERS FAX NO, 8049747853 F, 02 00/21/94 12:40 Tr304 424 0102 FAQ=RT&FRTF;DE` 1afA0�1Ua3 PROEM BURAU5'S'RS P.E1.110NXNG k2EQtSST (PORMERLY IN THE Nza2 or l "ZONING r'iPBLI=10N NUMBER The U�dersigned, Burgerbusters, znc., the successor to the origiaa.l applicant under r67on.s.ng appls.catiou aer does hareby volantari4 proffer th; fQ11' Q'Wi=g colt itioa as herai.naft�;r abated. The condition iroffered. shall be binditq upon the assig'as and s�uccessor>a� am interest of the andoxei.gned. Zn the avant the Frederickk Cbmnty Boyd of supervisors grants said rezoning and accepts the ';aondi ion stated herein, the protfa ed conc3.i..tion Shall apply to the, land rezoned in adcUtioa to other requi==ents set forty in the Frederick County Code: Pzoffered -Cm zditia$: The undersigned shall provi'r..i� access to the adjoining propexty desic3nated as "N or F First Virginia Sank Zoned: B-1 Use., Co muercial" ,as shown on Exhibit ".A" attached hereto e..ad .incorporated herein ; by retezence Lm a location substantiAlly as shown on zxhz.Jcit "A" attached hereto and ? ncorporated herein by teferexzce. EIIR"E,'7tBQ�'�'�RS � Xia� 0 I By. - Title:. a NorF PAUL D. MUL00WNEY, ET AL ZONED: Ml USE: MANUFACTURING "a' m L &vpu w-- = NEST W "AD, SC M 204 CKV&0nE.$Wm %WtUM 22" "KNEE. (B" 67s-101 2. 00fi R PAUL ,& wwaoP.'Ik7 ET AL MsaAt � TIHC4iEs� ■ SW 473 HA""?OM 1C. 21741 MOW: (SM)-73%-a215 i m-?p C 20M - 6" TAX YAP 43((211AQQES PA.'4r.Sl A AREA OAP �13" Pwarc —� soms rjw su N 325tt00' E 0� p ti N or F FIRST MRGINIA BANK N or F ZONED: 82 PAUL D. MULDOWNEY, ET AL USE: COMMERCIAL 4 ZONED: M1 USE: VACANT s ♦ >e o 1titKt1 -- vi PROPOSED REZOING FROM MI TO B2 FOR A TACO BELL jUSTMUMi fT FREDERICK COUNTY,VIRGINIA INGRM — WDOR & L'WAlff,, P-LC �� GC1 It1� `arsv}tf, ali I.RrI P1�es V 1194 v_f21555 11of1 A T L m H El 11NPUT MODULE All inputs go in column E. Cells with arrI s <-- must be completed for the model to calculate correctly (zero is acceptable). For listing of school, fire and rescue district codes, please refer to cell G60. QUANTITY Fire Service District (Codes 1-10) 1 <-- Rescue Service District (Codes 11-19) 11 <-- Elementary School District (Codes 20-28) 0 <-- Middle School District (Codes 29-31) 0 <-- High School District (Codes 32-34) 0 <-- Total Acreage 1 <-- Office Gross Square Footage 0 <-- Office Employment 83 Value per Office Square Foot $195.26 Retail Square Footage 17,943 <-- Retail Employment 0 Value per Retail Square Foot $59.94 Restaurant Square Footage 0 <-- Restaurant Employment 0 Value per Restaurant Square Foot $136.22 Service Station Square Footage 0 <-- Service Station Employment 0 Value per Service Station Square Foot $173.21 Manufacturing Square Footage 0 <-- Manufacturing Employment 0 Value per Manufacturing Square Foot $33.50 Warehouse Square Footage 0 <-- Warehouse Employment 0 Value per Warehouse Square Foot $59.78 Hotel Rooms 0 <-- Square feet per Hotel Room 225 Total Hotel Square Footage _ 0 Total Hotel Employment 0 Value per Hotel Square Foot $63.30 Number of Single Family Dwelling Units 0 <-- Average Square Footage Per SF Dwelling Unit 2,500 Total Single Family Dwelling Unit SF 0 Average Value per SF Dwelling Unit $119,039 Elementary School Pupil Yield per SF Unit 0.156 Middle School Pupil Yield per SF Unit 0.060 High School Pupil Yield per SF Unit 0.119 Number of Townhouse Dwelling Units 0 <-- Average Square Footage Per SF Dwelling Unit 1,800 Total Townhouse Dwelling Unit SF 0 Average Value per TH Dwelling Unit $63,703 Elementary School Pupil Yield per TH Unit 0.107 Middle School Pupil Yield per TH Unit 0.032 High School Pupil Yield per TH Unit 0.055 Number of Multi -Family Dwelling Units 0 <-- Average Square Footage Per MF Dwelling Unit 1,100 Total Multi -Family Dwelling Unit SF 0 Average Value per MF Dwelling Unit $45,000 Elementary School Pupil Yield per MF Unit 0.048 Middle School Pupil Yield per MF Unit 0.014 High School Pupil Yield per MF Unit 0.019 Number of Mobile Home Units 0 <-- Average Square Footage Per Mobile Home Unit 800 Total Mobile Home Unit SF 0 Average Value per Mobile Home $35,000 Elementary School Pupil Yield per Mobile Home 0.048 ,,Middle School Pupil Yield per Mobile HCO High School Pupil Yield per Mobile Home Average Household Size Total Resident Population Expected Total Employment Expected Total Square Footage - All Land Uses Total Residential Units Total Residential Lots Total Non -Residential Lots/Buildings `14 0.019 2.72 0 83 20,790 0 0 0 <-- I t=--------------------- --- 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 NOTES: Taco Bell, Assuming B-2 Retail Use Capital Q=5 $54 Net Fiscal Net .lm=A $0 $0 .Q $0 Taxes to ;at� CredTfor Capita $87 $31,446 $1.86Q $33,402 $130.61 INPUT MODULE ,All inputs go in column E. Cells with arrows <-- must be completed for the model to calculate correctly (zero is acceptable). For listing of school, fire and rescue district codes, please refer to cell G60. QUANTITY Fire Service District (Codes 1-10) 1 Rescue Service Service District (Codes 11-19) 11 Elementary School School District (Codes 20-28) 0 Middle School School District (Codes 29-31) 0 High School School District (Codes 32-34) 0 Total Acreage Acreage 1 Office Gross Gross Square Footage 20,790 Office Employment Employment 0 Value per Office Square Foot $195.26 Retail Square Footage 0 Retail Employment Employment 0 Value per Retail Square Foot $59.94 Restaurant Square Footage 0 Restaurant Employment Employment 0 Value per Restaurant Square Foot $136.22 Service Station Square Footage 0 Service Station Station Employment 0 Value per Service Station Square Foot $173.21 Manufacturing Square Footage 0 Manufacturing Employment Employment 0 Value per Manufacturing Square Foot $33.50 Warehouse Square Footage 0 Warehouse Employment Employment 0 Value per Warehouse Square Foot $59.78 Hotel Rooms 0 Square feet feet per Hotel Room 225 Total Hotel Square Footage 0 Total Hotel Employment 0 Value per Hotel Square Foot $63.30 Number of Single Family Dwelling Units 0 Average Square Square Footage Per SF Dwelling Unit 2,500 Total Single Family Dwelling Unit SF 0 Average Value per SF Dwelling Unit $119,039 Elementary School Pupil Yield per SF Unit 0.156 Middle School Pupil Yield per SF Unit 0.060 High School Pupil Yield per SF Unit 0.119 Number of Townhouse Dwelling Units 0 Average Square Square Footage Per SF Dwelling Unit 1,800 Total Townhouse Dwelling Unit SF 198,000 Average Value per TH Dwelling Unit $63,703 Elementary School Pupil Yield per TH Unit 0.107 Middle School Pupil Yield per TH Unit 0.032 High School Pupil Yield per TH Unit 0.055 Number of Multi -Family Dwelling Units 0 Average Square Square Footage Per MF Dwelling Unit 1,100 Total Multi -Family Dwelling Unit SF 0 Average Value per MF Dwelling Unit $45,000 Elementary School Pupil Yield per MF Unit 0.048 Middle School Pupil Yield per MF Unit 0.014 High School Pupil Yield per MF Unit 0.019 Number of Mobile Home Units 0 Average Square Square Footage Per Mobile Home Unit 800 Total Mobile Home Unit SF 0 Average Value per Mobile Home $35,000 Elementary School Pupil Yield per Mobile Home 0.048 Middle School Pupil Yield per Mobile HO Oigh School Pupil Yield per Mobile Home Average Household Size Total Resident Population Expected Total Employment Expected Total Square Footage - All Land Uses Total Residential Units Total Residential Lots Total Non -Residential Lots/Buildings 14 019 2.72 299 0 198,000 110 110 0 <-- ----------------------- --- OUTPUT MODULE ---- *------------- Capital Q'Qa& 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 NOTES: Taco Bell, Assuming M-1 Office Use ------------------------ *- --------- Net Credit for Fiscal Taxes to Impact Capital Q 10di Q0315. $162 $6,584 $216.67 $0 U. $0 0 a REZONING REQUEST IMPACT STATEMENT PROPOSED TACO BELL RESTAURANT A. Suitability of the site: The site is suitable for the proposed use because of its location close to an interstate interchange as evidence by the existing business of similar nature. The site is not in a 100 year flood plain, does not contain any wetlands, is relatively level in grade, is not a prime agriculture soil and does not have any soil or bedrock condition that would create construction difficulties or hazards. In the past the site has been used as an office and parking area as part of the cement block manufacturing business. The soil is well compacted from heavy traffic and due to past usage and modification would be classified as an "urban" soil. B. Surrounding Properties: The suitability of this site and location for a proposed restaurant with a drive-thru is evident by the existing uses of the near by business that include a McDonalds restaurant, a Denny's restaurant, Day Inn motel, Econo Lodge motel, Exxon service station, Shell service station, Mobile service station and a First Virginia bank. The site is near an existing Industrial park and is recognized by the county as commercial area. There are no adjacent residences that would be affected by this rezoning. The use would include the normal level of noise, lighting and smell associated with a restaurant business. C. Traffic: The propose use would not likely increase traffic significantly as the site is served by a major intersection and the northern interchange of interstate for the City of Winchester. The following traffic data was obtained from the I.T.E. Trip Generation Manual from the Harrisonburg VDOT office. It should be noted that the charts have a CAUTION note due to the actual data being somewhat scattered in its distribution. The following information is based on the gross building area of 2,612 sq.ft.: ITE - Trip Generation Data (Code 834) Fast Food Restaurant w/ Drive thru Window -Weekday: 1750 AVTE (Average Vehicle Trips Ends) -Peak Hour Weekday of Adjacent Street Traffic (One Hour Between 7 & 9AM): 150 AVTE -Peak Hour Weekday of Adjacent Street Traffic (One Hour Between 4 & 6 PM): 80 AVTE - AM Peak Hour of Generation: 190 AVTE - PM Peak Hour of Generation 145 AVTE - Saturday: 1950 AVTE - Peak of Hour of Generator Saturday: 180 AVTE -Sunday: 1450 AVTE - Peak of Hour of Generator Sunday 160 AVTE According to VDOT 1991 figures, Route 11 between the Winchester city limits and Interstate 81 has 16,000 vehicles per day and Welltown road (Va. route 661) northwest of U.S. Route 11 has 7,097 vehicles per day. It should be noted that this site is more likely to intercept the existing traffic rather than generate significant additional traffic. D. Sewage Conveyance and Treatment: The sewage from the site will be pumped from the site to the county system located in the adjacent industrial park. The estimated sewage generated by this site according to Table 2 of the Virginia Sewage Regulations for a 90 seat restaurant near interstate is 16,200 gallons per day. This number is extremely high compared to actual water usage for Taco Bell restaurants. The actual peak flow is likely closer to 3,000 gallons per day. The existing county 12" sewer main is located on Lenoir Drive and will be reached by a proposed 1,180 ft. of 2" dia. force main and the existing 8" dia. lateral with currently serves Century Graphics. An alternative solution of tying into the exiting pump station at the Econo Lodge motel is also being considered. E. Water Supply: The site will be served by the county water which has a 12" dia. main along the front of the property. On the basis of water billings of existing Taco Bell restaurants near interstate interchanges a usage should average 46,000 gals. per month. D. Drainage: The site currently drains into a drainage ditch along the state highway in front of the property. The stormwater on the site will be collected by inlets and discharged will be controlled by an underground stormwater detention basin. This impact on the existing stormwater system should be minimal. I. Emergency Services: This site will be served by the Clearbrook Volunteer Fire Co. which is located about 3 miles north on U.S. Route 11. J. Solid Waste Disposal Facilities: The site will be served by two dumpsters, one of which will be used for cardboard wastes of be recycled. The site will be served by commercial trash pickup. K. Historic Sites and Structures: No visible evidence of any historic structures was visible on the site and a review of a County Historical Map gave no indication of historic sites nearby. L. Environment: As this site was previously used as part of an industrial operation, there are no significant environmental features such as woodlands, wetlands, wildlife habitats or other unique natural areas. , --. / 7� do �z 4bZ 0 yy 77 A h 673 570000 ) . FEET u q • \1 41 4346 661 u x as fill Q. 0 uu / 4345 B M 70 -THEoS/T 1'NTERC 9GE, 8 i r % ,b Sub 1 -144 6 49te 661 7, 12'30" h, N 747 4343 725 0 Aw/ 783 ns��",� ' / � ` If1r_��'� i ,�c`fiXC\ayj"•`2) "/ ��J// `.` R1, r(700 1 660- 4342 td 'U 'I N\TER 1� O 714 it 72 Ston all Lj — TP R 1 'k DEpj. pEVE��rMtN PAD i A ro 0 1A 98 1 McGhee Road „p 53 3 s �6 �0/20 52 s 2 M edes 26-14 COO \� 5OA P � 399-427 � g� a B , Vol See A � SIs 3 31 -552 48 48B 61- 48 B �6 Co is j (5) C� �o ee19 ? 4 44A 9 s� , A S �s-�9 s so moo � SCALE IN FEET 3 8 600 0 600 1200 Burger Busters Rezoning #005-94 PIN 43-2-A N or F PAUL D. MULDOWNEY, ET AL ZONED: M1 USE: MANUFACTURING NOTES: 1. APPLICANT: BURGERBUSTERS, INC. 355 WEST RIO ROAD, SUITE 204 CHARLOTTESVILLE, VIRGINIA 22901 PHONE: (804) 973-1491 2. OWNER: PAUL J. MULDOWNEY ET AL C/O MR. CHARLES TINCHES, If FINIANCIAL OFFICER BOX 478 HAGERSTOWN. MO. 21741 PHONE: (301)-739-8215 3. EXISTING ZOING - M1 TAX MAP 43((2)) PARCEL A AREA 0.8400 ACRES 5.50' 1 r ' r I 1Z 1� O I to I n � � I0 g � o 8.00, Ln 1 I v r I rrn oIZ 1 N N m _ PROPOSED PRIVATE SEWAGE PUMP STA. N or F PAUL D. MULDOWNEY, ET AL ZONED: M1 USE: VACANT (4raphk Scale » o 11 Jo w ( IN FEET ) 181.64• G9 5�� F 0 S 32'09.05' WTTI\lI III \ \ \\ \ N or F FIRST VIRGINIA BANK ZONED: B2 USE: COMMERCIAL N 2t. � t SCREEN 4Jb0• W~� \ fkyF Ld S� _Y m l/) Iz elf CQ IC ;N O 0 I Z5 PROPOSED REZOING FROM M1 TO B2 FOR A TACO BELL RLTSTAURANT FREDERICK COUNTY,VIRGINIA 1 t:- / r fl INL-k/ � -- l/ E 0 0 0 0 1 1 - .-, I ;:' ,:. Cover Sheet V Ile k-, Tudor I odai & Gwilpany, t'l C ewthis proffer at,4 REQUEST FOR REZONING COMMENTS Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (703) 984-4133 The local office of the Transportation Department is located at 1550 Commerce St. in Winchester if you prefer to hand deliver this form. Applicant's name, address and phone number: Burger Busters, Inc. (804) 973-1491 355 West Rio Road, Suite 204 Charlottesville, VA 22901 Name of development and/or description of the request: Taco Bell Restaurant with Drive Thru Location: West side of 1-,lltown Road (Rt. 661) 200' north of the intersection o-- Welltown Road and U.S. Route 11 (Martinsburg Pike Va. Dept. of Transportation Comments: No objection to the rezoning of this property. Our comments should in no ray be construed to mean this Department is approving any on site improvements and/or entrance locations. Before development, this office will require a complete set of construction site plans which detail entrance designs, drainage features, and traffic flow data from the I.T.E. Manual, 4th Edition for review. Due to this proiect's proximity to and possible involvement with the adjacent Burger King project, VDOT would prefer a joint design/construction effort between the two developers. Any work performed on the State's right-of-way must be covered under land use permit. This permit is issued by this office and requires a processing fee surety bond coverage and the salary & expenses of a State assigned inspector. VDOT Signature and Date: /,t%.W. /Y . �.,.— � / If (NOTICE TO RESIDENT ENGINEER*PLEASE RETURN THIS FORM TO P CANT.) 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, l-MVI other pertinent information. EDINBURGt MESMENCY JUN 9 1994 E C ❑KSH 01<DC ',NLF ❑ °iLG Copies to COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. 0. BOX 278 DAVID R. GEHR EDINBURG, 22824 COMMISSIONER (703) 984-5611 June 13, 1994 Mr. Robert W. Watkins, Planning Director Frederick County Dept. of Planning P. O. Box 601 Winchester, VA 22604 Dear Mr. Watkins: WILLIAM H. BUSHMAN, P.E. RESIDENT ENGINEER TELE(703)984-5600 FAX (703) 984-5607 Ref: Route 11/37/661 Frederick County We have recently received preliminary development plans for the referenced location. In particular, G. W. Clifford & Associates has submitted a plan for a proposed Burger King Restaurant, Amoco Service Station, carwash and office building on the First Virginia Bank property. Ingram -Tudor & Company has submitted plans for a proposed Taco Bell Restaurant on property owned by Mr. Paul D. Muldowney. Both plans specify an entrance onto Welltown Pike (Route 661) at different locations and appear to conflict with one another. We have had several discussions with Mr. C. E. Maddox, Jr. of G. W. Clifford & Associates over past months about a possible joint entrance/service access road onto Route 661 to serve both properties. A large portion of this service access road would be constructed on VDOT right-of-way due to its width at this location. When considering the current alignment of Route 661 and available frontages of the properties involved, this concept may be the best possible scenario. Both parties of course would have to agree to this concept. I did speak with Mr. Muldowney and Mr. Tudor last week and neither had any knowledge of this joint entrance concept. Knowing the nature of both developers involved and the potential for either project to become "fast tracked", I wanted to write and inform you of the situation. Also of concern is the Route 11/37/661 improvement project. We will be taking a hard look at how our plans will affect these two projects and vice versa. We have just begun our review of these preliminary concept plans and will keep your office apprised of any comments and/or development. If you have any questions or would want to discuss this matter, please let me know. Sincerely, William H. Bushman Trans. Resident Engineer ��• �vv� By: Robert B. Childress Hwy. Permits & Subd. Spec. Senior RBC/rf xc: Mr. J. B. Diamond, Mr. StRAANs I�RAktRia F6R'TF7�i5t"C�str Jr., Mr. Guy Tudor 0 0 13 0 r: REQUEST FOR REZONING COMMENTS Frederick County Sanitation Authority Attn: Engineer Director 199 Front Royal Pike P.O. Box 618 Winchester, Virginia 22604 (703) 665-5690 The Frederick County Sanitation Authority is located on U.S. 522 South, one tenth of a mile from the U.S. 50 North intersection, if you prefer to hand deliver this review. Applicant's name, address and phone number: Burger Busters, Inc. (804) 973-1491 355 West Rio Road, Suite 204 Charlottesville, VA 22901 Name of development and/or description of the request:, Taco Bell Restaurant with Drive Thru Location: West side of Welltown Road (Rt. 661) 200' north of the intersection of Welltown Road and U.S. Route 11 (Martinsburg Pike) Sanitation Authority Comments: NO C o A'AVA417-------- Sanitation Authority Signature & Date -Vef 10"4-'7 1<�7' w (NOTICE TO SANITATION AUTHORITY * URN 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, and all other pertinent information. 0 • COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0609941422 Date Received 060994 Date Reviewed 061094 Applicant Name Burger Busters, Inc. Address 355 W. Rio Road, Suite 204 Project Name Charlottesville, VA 22901 Bell Restaurant Phone No. 804-973-1491 Type of Application Re -Zoning Current Zoning M-1 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate Inadequate Fire Lanes Required; Yes X Not Identified We Comments Fire lane will be required to conform with Chapter 10 and the Uniform Statewide Building Code. Roadway/Aisleway widths; Adequate Inadequate Special Hazards Noted; Yes Comments Not Identified X No X - Continued - L� Hydrant Locations; See Notes Adequate Inadequate Siamese Connection Location; Approved Not Approved Not Identified X Not Identified X Additional Comments: 1) Capitol costs to fire and rescue not covered by existing contributions will total $267.38. 2) Specific fire and rescue concerns will be addressed on site plans including fire lanes and hydrant locations. Re : w Time .5 hrs. Douglas A. K ra ofe Fire Marshal REQUEST FOR REZONING COMMENTS Fire and Rescue Squad: Clearbrook Volunteer Fire Co., Inc. P.O. Box 56 Clearbrook; VA 22624 Applicant's name, address and phone number: Burger Busters, Inc. (804) 973-1491 355 West Rio Road, Suite 204 Charlottesville, VA 22901 Name of development and/or description of the request: Taco Bell Restaurant with Drive Thru Location: West side of Welltown Road (Rt. 661) 200' north of the intersection of Welltown Road and U.S. Route 11 (Martinsburg Pike). Fire and Rescue Squad Comments: F4re and R scu, Signature and Date: NOTICE TO SQUAD - PLEASE RETURN THIS FORM TO THE 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 plans and/or application form. 31 REQUEST FOR REZONING COMMENTS Frederick County Commonwealth Attorney Winchester -Frederick County Judicial Center 5 N. Kent Street, Winchester, Virginia 22601 (703) 667-5770 The Commonwealths Attorney offices are located in the Winchester - Frederick Judicial Center at 5 North Kent in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Burger Busters, Inc. (804) 973-1491 355 West Rio Road, Suite 204 Charlottesville, VA 22901 Name of development and/or description of the request: Taco Bell Restaurant with Drive Thru Location: West side of Welltown Road (Rt. 661) 200' north of the intersection of Welltown Road and U.S. Route 11 (Martinsburg Pike) . Go u.vTy Attorney Comments: Attorney signature and Date: --ru- 6 j y (NOTICE TO ATTORNEY - PLEASE RM RN HIS FORM TO THE 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. Please also attach a copy of your application form, proffer statement, location map, and all other pertinent information. 27 -R. REQUEST FOR REZONING COMMENTS Frederick County Engineering Department Attn: Director of Engineering P.O. Box 601 Winchester, Virginia 22601 (703) 665-5643 The Frederick County Engineering Department is located at 9 North Loudoun St., 2nd Floor of the Hammon Building in Winchester, if you prefer to hand deliver this review. Applicant's name, address and phone number: Burger Busters, Inc. (804) 973-1491 355 West Rio Road, Suite 204 Charlottesville, VA 22901 Name of development and/or description of the request: Taco Bell Restaurant with Drive Thru Location: West side of Welltown Road (Rt. 661) 200' north of the intersection of Welltown Road and U.S. Route 11 (Martinsburg Pike) . Engineers Comments: Engineers Signature & Date : k Z. ,U}.,W,.,,,,,,d��,,l (- 113 19t (NOTICE TO ENGINEERING DEPT. *PLEA,9a RETURN THIS TORM TO APP ICANT. 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, impact analysis and all other pertinent information. �J 1 A 5 6 98 6>> 1 McGhee Road �, 132 53 DX"- O ,�D 52 s �D 2 M edes 26-14 Cou 50A 9 � 399-427 cc0 C Qj N°� 5 B See A 3 31 -552 488 48 B � �2\� 61— 48 �°C 62 P lS e 9 4 44A 9 76 Q �S SCALE IN FEET 38 600 0 600 1200 Burger Busters Rezoning #005-94 PIN 43-2-A OJEC �J �1 �F.Q ^ �'�.•% c hfEk�>r ."J iE R2rfrOF OWNER'S CERTIFICATE Tht e ove cnd fogey^C:^Cf ,,oundcry line adjustment of the Jcnd C! P,-,: ,, u:;dC•vre) C. A, cs cppeers in the ecccr-•pcn/ne plot, is with the free consent Oral ir ecco'='ce wltr• tr.e / Ces s of the urders gne.- c'h'ners, proprietors and trustees, v1y. .. - , . �. _ . 4 '� .,� .,ice.... -- --------- -- • :•�. NOTARY PUBLIC c Notary Public in and for t�-,_ state of _at lc,ge, c `y n n^csA acme is s:9,.6j tc tn. fo•rego,:ng Owner's Con"serl, r w r•T ' , to has ac�,o :ecged t e so -re be!e�e me � State undar my hone' tr —__cay of:r ,r y czrnrniss:on expr'res SURVEYOR'S CERTIFICATE hereby ecrtify trc: tr,e land contained in this boundary lire od;-st.�e�: is e portion of the lard conveyed (o Pcu' D. Muldowney, Et Al, by deed dctod t`.';,:er-.be- 4, 1987 said eeed recorded r tr.e Office of the Clerk of the Circuit Ceu-t of Freae-c,, County, ' irgln,c in Deems Bccf mac% ct Page 275, T'he parcels shoAr, cre ZO^ed 1'• Legge, C BOUNDARY LINE ADAiSTME:V Tax Map 43((2)) Parcel A and Toy.' Alap 3—A-51 standing in the name of PAUL D. MULDOWNEY, ET AL t- �- Gainesboro MagisteriC! Cistric: Frederick County, V:rginio C L-GG, i= T�hTE ): i ' Fecruary 7, 1994 Shee, 1 of 2 gilbert W. Clifford & assoc Ctes. inc �cr7;P;Er, ENGINLERS - LAND PI -A,%, ,EPS -OR� '. L�ti•J7 L __ la;. �feu•a(.-h Cr,'.e s .'EY'L,F. -..,era i Jtr�e:• -.� _IQ �acerlcKsD�.�. Irl� 2.2�01 •,; _ 'v'v9 W,n�f e�!er a yi;•I,; i 5^. ------------------------------------------------------------------------------------------------------- 03/21/1994 10:17 7036650493 G W CLIFFOPD €, ASSOC PAGE 03 r V r% X4 / ,Zip Q � / k MUL00 EY./ET AL / / Crtglnai Area: 3.1664 Acr•o set De =-P ass Adl sted Area / 3.4224 Acre• T11 43-A-51 / U3Z ANNUF MI WAUNC r, ti pelt % iounl � /PARCEL 'A' r d Area. 1.09e0 w eC 09 226—P 141 Ad)j ted Area: 0.8400 e• 43((2)) Paroel A czllnonu a�uring 4 �� • i V� 9 MST wipNlA SM9 URM. aZ N� 0- g131 �11cr us+r �>�aAL g ��11ti LFGFND• IPF -- Iron Pipe Found IRF — Iron Rod Found IRS — Iron Rod Set w 9- Utility Pole y GRAPHIC SCALE a • -- C be P Telephone Pedestal NOTES; 100 0 80 100 200 I. The lot shown hereon does not Ile within a designated 10CI year tioodplain. 2. No title report furnished. ( IN MT 3. Easements other than shown may exist. I inch m 100 ft. BOUNDARY LINE ADJUSTM04T Tax Map 43((2)) Parcel A and Tax Map 43((A)) Parcel 51 standing In the name of r PAUL Q 1WMWOMEY, ET AL Uaglaterlaf Dlstrfct CFrede � Frederick Count , Vtr In to rick ounf a CERTIFICATE NO. —. DATE: February 7, 1994 Scalr 1"-100' ISheet 2 of 2 gilbert w. clifford & associates. Inc. CE TIYIEDD ENGINEERS — LAND PLANNERS -- SURVEYORS LAND SURVEYOR 150--C Old* Cr*mvlch Drlw 200 North Cameron Stroot Fredericksburg, Vtrginlo 22401 Wlnchoat9r, V1rglnio 22501 (703) 896-2115 (703) 687-2134 ---------------------------------------------------------------------------------------------------- 1 0 / 3 0 / I 1: fU• #8540 "G 6 4 PG2 j g Exempt from recordation and transfer taxes pursuant to Va. Code Ann. Sections 58.1-811(A)(11) and 58.1-811(C) (1984) DEED This DEED, dated Nive—bs,!L, 1987, from P.L. & K. ASSOCIATES, a Virginia partnership ("Grantor") to PAUL D. MULDOWNEY, LOUIS J. TICHES, CHRYSSE T. MAYES, III, LYDIA T. MAVROMATIS, CHARLES E. 'rICHES, II, STAMATIOS L. TICHES and ALEXANDER L. TICHES (collectively the "Grantees"). ror nominal consideration, the receipt and sufficiency of which are hereby acknowledged, the Grantor hereby grants, conveys, and assigns to the Grantees, their respective personal representatives, heirs, successors and assigns, in fee simple, the real property located in Stonewall District, Frederick County, Virginia, and described as follows: Beginning at the intersection of the Western Boundary Line of the Walltown Pike - Rt. 661 with the Southeastern Right -of -Way Line Of the Pennsylvania Railroad, running with the said Western Boundary Line of the Welltown Pike S 19° 58' W - 997.33 ft. to an iron pin corner to the Glaize Land; thence with the three following lines of the said Land N 220 09' 20" W - 200.00 ft. to an iron pin; thence N 330 20' 20" W - 102.75 ft. to an iron pin; thence S 490 30' 40" W - 400.00 ft. to an iron pin corner to the Crown Cork & Seal Company Land; thence with the Northeastern Line of the said Land N 400 29' 20" W - 200.00 ft. to an iron pin in the Southeastern Right -of -Way Line of the Pennsylvania Railroad; thence with the said Southeastern Right -of -Way Line N 490 30' 40" E - 1191.93 ft. to the beginning. Containing 6.0875 Acres. 46 2•9 1 1 0/3 0/ 6 7 1 r U 4 1 TOGETHER with the improvements thereupon and the rights,. alleys, way, waters, privileges, appurtenances, and advantages belonging or appertaining thereto. BEING the same property described in a deed dated June 1, 1987 and recorded among the land records of Frederick County, Virginia in Deed Book 657 at page 145 from the Grantees to the Grantor. To have and to hold the property hereby conveyed unto the Grantees, their respective personal representatives, heirs and assigns, in fee simple, forever as tenants in common in the following shares: as to Paul D. Muldowney, a fifty percent (50%) undivided interest; as to Louis J. Tiches, a forty-five and one-half percent (45-1/2%) undivided interest; as to Chrysse T. Mayes, III a nine -tenths of one percent (0.9%) undivided interest; as to Lydia T. Mavromatis, a nine -tenths of one percent (0.9%) undivided interest; as to Charles E. Tiches, II a nine -tenths of one percent (0.9%) undivided interest; as to Stamatios L. Tiches, a nine -tenths of one percent (0.9%) undivided interest; and as to Alexander L. Tiches, a nine -tenths of one percent (0.9%) undivided interest. 2 - 2 1• 1 l 0/ J 0/ 8 1 1 T U 4 1 PG200 The Grantor covenants to warrant specially the property hereby conveyed, and to execute such further assurances of the property as may be requisite. WITNESS the following signatures and seals: WITNESS: S 1,/,-l6- nM A c.l � n.ry 6ommonwea4th of Virginia County of vti✓L'}Ilnr;�w , GRANTOR: P.L. & K. ASSOCIATES rl- 1 -e! 7 By • I/ jr� t •� ' �,r .-• -(SEAL) Title:_/r,r �lvr I HEREBY CERTIFY that on .rY,{,� „.� , 191�' before me, a Notary Public of the Ccmmoikrvnwejlt�Rf--Virginia-/ personally appeared L _..jtCt1C1� d , who acknowledged _A,,,,self to be a partner o P. L. & K. Associates (the "Partnership") and that -he, as such Partner, being authorized to do so, executed the foregoing instrument for the purposes therein contained by signing the name of the Partnership by /L_t self as a Partner. WITNESS my hand and Notarial Seal. }��' . ,-.Iran;: ��! ;t ••:� �! ;1,; •,,.: }�It��}u:f.�;i Notary Public .�•�•:� 1,, �:� My Commission Expires: PLEASE RETURN TO: Cynthia A. Berman, Esquire Weinberg and Green 100 South Charles Street Baltimore, Maryland 21201 - 3 - i