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008-94 James Carroll - Shawnee - Backfile
RECEIPT N2 024282 AMOUNT DUE AMOUNT PAID BALANCE DUE PAID BY CASH CHECK El OTHER .A _.NNING AND DEVELOPMENT WINCHESTER, VIRGINIA 22601 RECEIVED FROM ADDRESS 4 THE SUM OF LARS$ FOR DAY -TIMERS RE -ORDER No. 3221 —Printed in USA BY 4- 1 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. Co. Health Dept. Inspection Dept. Parks & Recreation Fire Marshal - Airport Authority j County Attorney T Co. Engineer 2. Application form 6. 1 Taxes paid statement 3. Location Map 7. j;' Sign received 4. Survey 8. y Fees paid I5. Deed 9. Impact statement 10. I Proffer statement Ta04 VAC. -I Ct� TRACKING Date 0-F;"Y- -For- s�r.al'('urt f vo-fe-' 0 Application Received Fees paid (Amount V) (> �� Adjoiner notifications mailed for PC public hearing Gc{a;n on It- _WS Rezoning heard by PC (Action t1o, Vitp ) I lgoj Q J Memo to BOS re : date for public hearing _ --� 31 1 4 b l e CA un i--r 'a�9s , Adjoiner notification mailed for BOS public hearing��� 9 IQbl�d vn�r Rezoning heard by BOS (Action ) I/9 Ordinance of amendment with conditions proffered prepared for County Administrator's signature Zoning map amended 11aq'qu Cad -m 5M& Y cis" Rezoning records updated 3 6 ' V - Q C clue r ed roc-CL�J cn Map ) u-11 ,(�;q COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 February 19, 1996 Mr. James H. Carroll c/o Stephen M. Gyurisin Gilbert W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, VA 22601 RE: REZONING APPLICATION #008-94 Dear Mr. Carroll: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 24, 1996. Your application for the rezoning of 2.81 acres from RP (Residential Performance) to B2 (Business General) was unanimously approved with proffers as submitted. This property is located at the intersection of Custer Avenue and Pembri.dge Road, approximately .75 miles east of the City of Winchester. If you have any questions regarding the approval of this rezoning, please feel free to call. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/cg 107 North Kent Street • Winchester, Virginia 22601-5000 ACTION.• PLANNING COAMISSION.- BOARD OF SUPER Z1ISORS. AMENDMENT December 6, 1995 January 24, 1996 AN ORDINANCE AMENDING THE ZONING DISTRICT AMP #008-94 of JAMES T. CARROLL WHEREAS, Rezoning Application #008-94 of James T. Carroll to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General), which is located at the intersection of Custer Avenue and Pembridge Road and is designated with PINS 64A-4-20A, 64A-10-A, and 64A-10-B in the Shawnee Magisterial District, was referred to the Frederick County Planning Commission; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on December 6, 1995; and, WHEREAS, the Frederick County Board of Supervisors held a public hearing on this ordinance adoption on January 24, 1996; and, WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, we 'are, convenience, and in good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 16S of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.81 acres, designated by PINS 64A-4-20A, 64A-10-A, and 64A-10-B, front RP (Residential Performance) 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 ordinance shall be in effect upon its passage. ,Passed this 24th day of January, 1996: ,Tames L. Longerbeam Aye Robert M. Sager Aye Chairman W. Harrington Smith, Jr. --gay Charles W. Orndoff, Sr. Aye Margaret B. Douglas &ye _ Richard C Shickle Aye A Copy Attest John 9, piley, Jr. Frederick County Administrator PROFFER (Revised) CARROLL REZONING REQUEST CASE NO. 008-94 I, the undersigned, ,DAMES H. CARROLL sole owner of the land to be rezoned under zoning request number OO8-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B- 2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The owner proffers that there shall be no entrance to the property on Etnarn Street. 2. The owner proffers that there will be a total of no more than five (5) entrances .for the property. 3. The owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. 4. The owner proffers that the property will not be use for the following B-2, Business General allowed uses: a. Electric, gas and other utility facilities b. Food stores c. Automotive dealers d. Miscellaneous repair services e. Golf driving .ranges;and miniature golf courses f. Membership organizations g. Self-service storage facilities h. Public utility distribution facilities 5. All permitted uses shall not be open to the public between the hours of 2:00 a.m. and 6:00 a.m. except for hotels, motels, banks, and other permitted uses approved only by the Board of Supervisors. ectfully submitted, c5 _ H. Carroll, Owner Date STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: I-ebruc�r�( The foregoing instrument was acknowledged before me this day of }awry, 1996 by -.�nP� 1-I . Errol I NoEary,F'uLlic:Q�� Ct� My Commission Expires: P/C Review Date: 11/02/94: Tabled P/C Review Date: 12/07/94: Tabled P/C Review Date: 03/01/95: Tabled P/C Review Date: 04/05/95: Tabled P/C Review Date: 04/19/95: Tabled P/C Review Date: 11/01/95: Tabled P/C Review Date: 12/06/95: Tie Vote BOS Review Date: 01/24/96 REZONING APPLICATION 9008-94 JAMES CARROLL To Rezone 2.81 Acres From RP (Residential Performance) To B2 (Business General) LOCATION: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64A-4-20A, 64A-10-A, 64A-10-B PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance); present use: vacant ADJOINING PROPERTY ZONING & PRESENT USE: RP (Residential Performance), present use: residential and vacant PROPOSED USE: Business and Commercial REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attached comments dated 09/28/94. • 9 Page 2 Rezoning 9008-94 Fire Marshal: Hydrants must all be on designated fire lane. (1) Will address specific fire department issues on site plan. (2) Applicant should address fire and rescue impacts based on County's computer model available from Planning Department staff. County Engineer: We have no comments at this time. However, we reserve the right to perform a detailed review at the time of a site plan submittal. County Attorney_ No comment. PLANNING: Location: The property is located within the Urban Development Area, in close proximity to an interstate interchange. The future land use map within the recently completed report on Frederick County business corridors shows this area of Route 50 as being a business/office use. B-2 zoning would not be out of line with this categorization. Site Suitability: The parcel is relatively level with no steep slopes or other environmentally sensitive features as defined by the County's Zoning Ordinance. Sewer and water are available to the parcel. Potential Impacts: Impacts from the proposed rezoning would not differ greatly from those that would be expected from development under the current RP zoning of the property. The traffic generated under B-2 zoning would be expected to be greater than under RP, however, the difference as a percentage of existing traffic would not be significant. The applicant has proffered that there would be no entrance on Etnam Drive and there would be a total of no more than five entrances to the site. The applicant has not eliminated any of the uses allowed under B-2 zoning. The County's impact model forecasts a net fiscal gain to the County with the exception of a cost for the unfunded portion of fire and rescue services which is forecasted at $1947.25. This amount is contrary to the applicant's impact statement which forecasts the cost at $757.00. This difference appears to be in part a result of the applicant generating a per acre cost rather than a total for the entire 2.8 acres. i Page 3 Rezoning #008-94 The cost for fire and rescue services under the current RP (Residential Performance) zoning as forecasted by the model is $648.80, with the cost difference being $1298.45. The applicant has not proffered a contribution to cover this cost. Conclusion: The proposed zoning conforms to the proposed future land use map developed by the Comprehensive Plans and Programs Committee and proposed for adoption as a part of the County's Comprehensive Plan. The County's impact model, however, projects a cost to fire and rescue services which has not been offset by the application. STAFF RECOMMENDATION OF 11\02\94 PC MEETING: Denial, based on the cost impacts to Fire & Rescue of the proposed zoning. PLANNING COMMISSION SUMMARY AND ACTION OF 11/02/94: The applicant revised their proffer statement to include an increased emergency services payment to Fire & Rescue that matched the County's impact model. The applicant also presented a survey of the four lots proposed to clear up any discrepancy on which lots were involved in the rezoning. Fifteen residents of the Pembridge Heights Subdivision came forward to speak in opposition. The residents spoke about the heavy traffic in this area and felt the addition of a business at the entrance to their subdivision would only add to their traffic problems. They also felt that the existing access road to Route 50, Custer Avenue (Rt. 781), was inadequate. A petition was submitted containing 199 signatures of residents of the Pembridge Heights Subdivision who were in opposition to the rezoning. Mr. James H. Carroll, the property owner, said he had an informal discussion with the Planing Commission at the time Pembridge Heights was being developed, to ask if the Commission would grant him commercial zoning if he gave the developers a right-of-way through his property to Route 50. Mr. Carroll felt that the Commission's feeling were favorable toward rezoning at that time. The Commission felt that traffic was going to be a major consideration at this location and that the intersection at Route 50 and Custer Avenue (Rt. 681) was dangerous. It was noted that the applicant had offered no plans to modify the existing street network. Commissioners pointed out that residential traffic would have to pass through the proposed commercial area in order to get to the residential area. Some Commissioners felt they could support a B1 zoning or a B2 zoning, if intense uses were proffered out; other commissioners felt it was too late to put commercial zoning 0 Page 4 Rezoning #008-94 here, since most of the homes in Pembridge Heights had already been built and sold. The Commission tabled the rezoning for 30 days or until December 7, 1994 by unanimous vote. (Mr. Wilson was absent) PLANNING COMMISSION ACTION OF 12/07/94: Applicant requested tabling the application until the March 1, 1995 meeting. PLANNING COMMISSION ACTION OF 03/01/95: Applicant requested tabling the application until the April 5, 1995 meeting. PLANNING COMMISSION ACTION OF 04/05/95: Applicant requested tabling the application until the April 19 , 1995 meeting. PLANNING COMMISSION SUMMARY AND ACTION OF 04/05/95: Mr. Charles Maddox, Jr., project consultant, presented a proposal for an access from Rt. 50 into the area north of this property towards Senseny Road which would include a side access into Pembridge Heights. He said that Custer Avenue would be reconfigured to create a 90 degree intersection far enough away from Rt. 50 to allow sufficient room for stacking of vehicles. Mr. Maddox said that this was a significant infrastructure project and money for the project would have to be acquired from other sources besides Mr. Carroll's proposed project. Mr. Maddox felt it would be about a year or two before he could present a formal proffer because of the extensive work needed for surveying, abandonment, and rededication of right-of-ways. The Commission unanimously tabled the rezoning for two weeks at the applicant's request. PLANNING COMMISSION SUMMARY AND ACTION OF 04/19/95: Mr. Charles Maddox, Jr., project consultant, requested that the Commission table the rezoning for six months in order to accomplish the work necessary to establish acceptable proffers and to determine the feasibility of their approach to solving the problems identified with this site. Mr. Maddox requested that the Commission agree to provide a positive recommendation to the Board because of the substantial financial investment involved in this approach. A number of Commissioners felt that some of the B2 uses would not be appropriate for this area and would need to be proffered out. Most of the Commissioners had positive feelings about rezoning, if a safe and attractive Page 5 Rezoning #008-94 entrance road off of Rt. 50 could be accomplished to accommodate the traffic that will ultimately come to this area. The Commission unanimously tabled the rezoning for six months at the applicant's request. (Mr. DeHaven abstained.) PLANNING COMMISSION ACTION OF 11/01/95 MTG.: Tabled for 30 days at the applicant's request. PLANNING COMMISSION SUMMARY & ACTION OF 12/06/95: Eight residents of the Pembridge Heights and Miller Heights subdivisions spoke in opposition to the rezoning. They were against unlimited B2 uses on the site; they felt commercial zoning would create more traffic than residential use at the Custer Avenue/Pembridge Road intersection, which was not adequate to handle existing traffic; they were opposed to additional traffic using their subdivision; they felt a bond or other agreement should be required to insure that the intersection would be improved if it was rezoned; and finally, they wanted the Commission to take action on the request. Some of the Commissioners felt that commercial uses at this location needed to be limited to `neighborhood -type' businesses because of its proximity to residences in Pembridge Heights. Other Commissioners felt that any business located along Route 50 couldn't be considered a `neighborhood' business because it would attract motorists traveling along Route 50. They recognized the existing traffic problem at the intersection and were concerned about upcoming cumulative traffic problems for the residents here, especially when the properties behind Pembridge Heights begin to develop. Some Commissioners felt that business zoning, rather than residential zoning, would create the revenue needed to improve the intersection for safety purposes. The Planning Commissioners concluded that the applicant needed to proffer out undesirable B2 uses. YES (APPROVE REZONING): Shickle, Romine, Wilson, Copenhaver, Light NO: Ours, Morris, Thomas, Marker, Stone ABSTAIN: DeHaven REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number Q(V-� Date Received BOS Hearing Date �> PC Hearing Date`I `5 The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name: James H. Carroll c/o Stephen r Gvurisin CS�L(� Ll ZNZ Address:-'ilbert W. Clifford & Associates Inc. 200 iv. Cameron Street, Winchester, VA 22601 Telephone:703-c67-2139 Fax: 665-0493 2. Representative: Name: Sane As Above Telephone: 3. Owner: Naive: James H. Carroll c/o Stephen M. Gyurisin Address: uilbert W . Clifford & Assoc., Inc. 200 N, Cameron Street Winchester, VA 22601 Telephone: iO3-667-21 12 0 r 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: James H. Carroll 4. Zoning Change: It is requested that the zoning of the property be changed from hp to S. Current Use of the Property: Vacant 6. Adjoining Property: PARCEL ID NUMBER 64-Aoo-0000-01130 u4-A00-0000-00130 b4-MOL,,-0000-00200 64A-0010-0001-20A + USE Vacant Vacant Residential ZONING RP h D Residential lip 7. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Approxi-ately .75 ::_iles east of the City of Winchester at 1-81. N1)r.th of R ute 50 east ^n Route 761 at PembriciP:e Road. 13 0 8. Parcel Identification: ' 14 Digit Tax Parcel Number: 64-A 0004 0000 20 A 9. Magisterial District: Shawnee 10. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 2.8132 Acres The area of each portion to be rezoned to a different zoning district category should be noted: 2.8132 Acres Rezoned from h1= to B-2 Acres Rezoned from to Acres Rezoned from to Acres Rezoned from to 11. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: Buckley-Lages, Inc.Arownell, In:.. Deed Book Number 308/381 Pages 622 706 12. Proposed Use: It is proposed that the property will be put to the following uses. 13. Checklist: Check the following items that have been included with this application. Location map Plat X Deed to property X Statement verifying taxes paid X Agency Comments X Fees —X— Impact Analysis Statement X Proffer Statement X 14 14. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued to me (us) when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant: Owner: Date: ?// /�" 1F 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 8 of the application package. The following information should be provided regardless of the type of rezoning: Fire Service District: ,;reenwonci Rescue Service District: 3reenwood Total Proposed Non -Residential Lots/Buildings: N/A The following information should be provided with any residential rezoning: Elementary School District: Middle School District: High School District: Armel F'redericx County JaFies Wood Number of Single Family Dwellings Proposed: N/A Number of Townhouse Dwellings Proposed: N/A Number of Multi -Family Dwellings Proposed: N/A Number of Mobile Home Units Proposed: NI The following information should be provided with any commei-cial/industrial rezoning or with a residential/commercial (P.U.D.) rezoning: Gross Office Square Footage: Retail Square Footage: Restaurant Square Footage: Service Station Square Footage: Manufacturing Square Footage: Warehouse Square Footage: Hotel Rooms: 16 There are no svecific uses or square footage (maximum or inimuin) planned at this time. A site ::evelopiaent plan, in accord with all Zonin,-r_-rPgfflPtjons i• i l 1 hP prP a= red at time of develowment. ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14-digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. Name Address and Property Identification 1. Address: 3792 f1elody Lane Hagerstown, MD Euwar_; X . Miller, Et Al Property ID: cJ1000-A00-0000-01130 Address: Rt. 6, Box 203 Arnold J . & jottie Bartley Winchester, VA 226(A Property ID: 64A00-004-0000-00200 3• Address: 355 South P:)to;aac Street Winchester Lutdoor Hagerstown, iiD 41610 Advertisin Property ID:64000-A00-0000-001 0 • Address: 130 Etnaw, 'rive Ldwaz:. F.,Jr. & i%Ay L. Hunt Winchester, VA 2602 Property ID: 64A-0010-0001-20A 5• Address: 127 Etnam Drive James L., III & i.-lizabe-th D. +inchester, VA 22602 Harman Property ID: 64A-0: 10-0001-183 6, Address: 13.1 Etnani :give i,iichael & Shannon Watson Winchester, VA 22602 Property ID: 64A-0010-0001-18Lt 7. Address: 133 Etnani Lrive Jung Chul & Jamie Hong Shin Winche=ter, 7", 22602 Property ID: 64A-0010-0u01-1 "4 g• Address: 104 1 enbridge Frive Scott H. & Paige D. Clark Winchester, VA 22602 Property ID: 64A-0010-0001-001 9• Address: 106 Pe. bridge Drive Stephen W. Rhinehardt Winchester, VA 22602 Property 1D:64A-0010-0001-002 17 PROFFER (Revised) CARROLL REZONING REQUEST CASE NO. 008-94 I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B- 2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The owner proffers that there shall be no entrance to the property on Etnam Street. 2. The owner proffers that there will be a total of no more than five (5) entrances for the property. 3. The owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. 4. The owner proffers that the property will not be use for the following B-2, Business General allowed uses: a. Electric, gas and other utility facilities b. Food stores c. Automotive dealers d. Miscellaneous repair services e. Golf driving ranges and miniature golf courses f. Membership organizations g. Self-service storage facilities )[LP)01>` [ }� h. Public utility distribution facilities Respectfully submitted, a es H. Carroll, Onwer Date STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: he foregoing i/nstrum�`ent was acknowledged before me this day of December, 1995 by . � Un k S. (,� m'Ial,_ 1v4.y Commis"io,�c Fxpires: Sep--; 30, I qq� Notary Public: �S�-l-li nA Ann S4 11mQ,1 • PROFFER (Revised) CARROLL REZONING CASE NO.008-94 IN3N,13VA3MQ M. 9HINOVlit 0 '!AIT i�GG 1. I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There shall be no entrance to the property on Etnam Street. 2. There will be a total of no more than five (5) entrances for the property. 3. The Owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. James H. Carroll Date Y -��B (iEE; �)0L 1rE, 6 FREDERICK COUNTY, VIRGINIA IMPACT ANALYSIS STATEMENT FOR REZONING REVIEW AND APPROVAL OF THE JAMES H. CARROLL PROPERTY Shawnee Magisterial District AUGUST 1,1994 girbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 0 OACTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS I. SUMMARY 3 II. INTRODUCTION 3 III. PLANNING ANALYSIS 4 • Site Suitability • Adjoining Properties • Zoning Review IV. TRAFFIC 5 V. SEWAGE 6 VI. WATER 6 VII. DRAINAGE 7 VIII. SOLID WASTE 7 IX. HISTORIC SITES 8 X. COMMUNITY FACILITIES 8 • Education • Emergency Services • Parks and Recreation • Other XI, ENVIRONMENT 9 XII. FISCAL 9 XIII. OTHER 9 APPENDIX 10 OACTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 IMPACT ANALYSIS STATEMENT for James H. Carroll Property I. Summary The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to evaluate the above referenced project in light of several major planning issues, as outlined and required by the Frederick County Board of Supervisors. This document is prepared in support of and in preparation to rezone the referenced property from present Residential Performance (RP) to General Business (B-2). The property is suited for General Business (B-2) zoning. There is a positive fiscal impact. Current zoning requirements allow for adequate measures to provide for buffers and screens that would mitigate any negative impacts to the surrounding neighborhood. Neighborhood traffic impacts have been minimized with proffers limiting entrances. II Introduction The 2.8132 acre property of James H. Carroll is located at the intersection of Route 781 and Pembridge Drive, just north of Route 50 and east, approximately .75 miles, of the City of Winchester corporate boundary at I-81. The property is currently vacant and is divided by Pembridge Drive creating two parcels. Both parcels are identified as tax parcel 64A-0004-0000-20A and are currently zoned Residential Performance (RP). General Business (B-2) zoning is planned for the property. The property is located in the Urban Development Area is part of an interchange business area and is part of a corridor area planned for future business. Preliminary site development planning indicates that this site can support most General Business (B-2) uses while providing adequate protection space for zoning buffer areas. Kj 10ACTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 III. Planning Analysis Site Suitability - The property has no site specific development limiting factors. The property appears well suited for General Business (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. 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 36 as Weikert- Berks channery silt loams. Prime Agricultural Soils.- The property does not contain any 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 General Business type development. Slopes generally range from 2% to 7% and elevations range from 659 to 678 feet above sea level. Wetlands - There are no wetlands on this property. The property is generally well drained and has no low lying wet areas that wetland vegetation that indicates the presence of a wetland area. Ponds 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- 00115B of the United States department of Housing and Urban Development Flood Boundary map. Adjoining Properties - Development impact concerns are primarily north of the property where single family residential houses are located across Etnam and Pembridge Drives. The impacts of the General -Business (B-2) uses on the surrounding residential uses is greatly reduced through existing zoning distance, setback, buffer, landscaping and screening regulations. A 35' building setback is required, and; in addition, a 50' distance buffer is required with a full screen. A proffer is suggested that restricts entrances/driveways on Etnam Drive and limits the total number of access points to five. M *CTANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 The adjoining property to the north is single family residential detached urban houses part of Pembridge Heights subdivision, zoned Residential Performance (RP). To the east is vacant open land zoned Residential Performance (RP) and currently undeveloped. To the south is State Route 781, and to the west is a mix of older single family, detached residential houses and vacant lots. Zoning Review - The property is currently zoned Residential Performance (RP) allowing by right a variety of housing types. Approximately four to eighteen homes are permitted depending on the type of housing planned. Front yard setbacks, buffers, screens and parking would be required under the RP zoning codes. Driveways for each house would be permitted throughout the property. Under the General Business (B-2) zoning regulations a variety of office and service uses are permitted. Approximately 12 to 15 % or about 18,000 square feet of the site may be used for business structures, the remainder of the property would be used for parking and required open areas such as buffers and storm management. The B-2 floor area to lot ratio is 1.0. The minimum landscaped area is 15% or about 18,000 square feet. The maximum height of any building is 35 feet. Required setbacks are 35 feet. The impacts of the General -Business (B-2) uses on the surrounding residential uses is greatly reduced through existing zoning distance, setback, buffer, landscaping and screening regulations. IV. Traffic Impacts Traffic impacts are negligible for this property. Impacts of vehicular access and turning movements on the residential area north of the property have been removed with the proffer that eliminates all vehicular entrances on Etnam Drive. The estimated 16,500 square feet of retail floor space created by this property will result in approximately 210 trips per weekday of traffic. based on ITE Trip Generation figures. The subject project will not originate trips since trip generation is a function of residential use. By removing the approximate 3 acres of land from residential performance and considering 2.5 dwelling units per acre density for single family, which is the adjacent use, the increase is only 125 trips per day. 5 10ACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 Most traffic would enter the site via Route 781 and Route 50. The site is ideally suited for access at the junction between Pembridge Drive, State Route 781 and U.S. Route 50. Most of the traffic using the site will use U.S. Route 50 and VA Route 781. The increase on both these roads of 10 trips per hour is negligible. V. Sewage Conveyance and Treatment Impacts There are no sewage conveyance or treatment problems with this property. The sewage from this property will connect with the regional interceptor system at Route 50 and be pumped to the Opequon Regional Facility. Flows generated from this complex are estimated by the State Health Department at 3300 (200gpd/1000SF) gallons per day with an instantaneous flow at peak of 6 gallons per minute. All sewage conveyance systems involved have full capability to handle this additional flow, as does the plant have the capability of treating and discharging this flow in satisfactory manor. It should be pointed out that by right, that 7 units of development available on this property under current zoning would produce 3,000 gallons per day of wastewater. VI. Water Supply Impacts There are no water supply or transmission problems for this property. This property would connect to the existing 8" water supply system located in Pembridge Heights. There are no known limitations in the water system which would preclude the use of the property as shown. The property will utilize the same amount of water as projected in sewage flow or 3300 gallons per day. Fire protections measures such as the installation of fire hydrants will be addressed at the site development planning stage. The installation of fire protection hydrants poses no problems. The installation of fire hydrants on the property will improve the fire protection means of the surrounding properties as well. 0 0 VII. Drainage Facility Impacts FACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 Proper storm water management planning will result in minimal or no site drainage impacts. The development of commercial in lieu of residential will increase run off in small amounts over that which would be created in residential use. It is recommended that either suitable green space be allowed to reduce run off amounts or that the increased run off would be reduced prior to discharge from the site. In lieu of the above, additional storm water detention calculations should be presented with final design which would show no adverse impacts created by the imposition of this increase storm water on the existing downstream water course. Drainage flows generally toward State Route 781 and Route 50, crossing under Route 50 to the south -side of the road. Predevelopment runoff rates will be maintained using recognized storm water management standards. VIII. Solid Waste Cost There are no solid waste collection and disposal impacts. Solid waste will be exported by contract hauler at no cost to the County. No additional solid waste facilities will be required to handle the waste from this property. Impacts to the County will be reduced with the planned B-2 rezoning. Under the current RP zoning and assuming 7 housing units on the property, the estimated cost of $1400.00 for solid waste disposal impacts is needed. The planned B-2 zoning change would result in a reduction of impacts since there would be no collection fees and since tipping fees are designed by the County to cover the expenses of solid waste disposal. 7 0 IX. Historic Impacts OACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 This project will not involve the loss of any historic buildings, sites or artifacts that are known. The area has been significantly developed on all sides and no such findings of historic importance has been identified. There are no structures currently located on this property. A review of the National Register, the Virginia Landmarks Register and The Frederick County Comprehensive Plan indicates that there are no known historic structures or sites on this property. X. Community Facilities The property when zoned B-2 will generate tax revenues with a net worth of approximately $60.00 per square foot and a tax base of $990,000 which totals at a tax rate of $.60 approximately $594.00 per year of tax revenue. Education - This project will generate no school children and therefore have no effect on educational cost in Frederick County. Capitol cost impacts for school age children will be reduced since no school children will result with B-2 zoning. The current zoning of RP, with 7 units would produce about 7 school age children. 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 using B-2 type uses. Fire protection is available from the Greenwood Volunteer Fire 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 Winchester Rescue Squad with future service from the Greenwood Volunteer Fire Company. W F9 LA OACT ANALYSIS STATEMENT REZONING APPROVAL REQUEST JAMES H. CARROLL PROPERTY AUGUST 1994 Sheriff Department services protection will be required by this facility. Routine patrols of the Pembridge area should suffice for the majority of time and materials necessary to cover this facility. XI. Environmental Impacts There will be certain minor negative impacts due to the construction activity including run off sediment, noise and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. A minor increase in run off quantity and a decrease in quality is probable from this development. 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. There 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. XII. 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 model assumes 16,500 square feet of retail floor space. The square footage assumption figure may change, but should have no significant influence on the model output. XIII. Other This planned zoning change would create a positive fiscal impact as compared to the existing zoning. There are no known other impacts. 0 t Costs Credit Costs Impact Fire Department $20 $144 $0 Rescue Department $121 Elementary Schools $0 Middle Schools $0 $12,998 $0 High Schools $0 Parks and Recreation $0 $773 $0 TOTAL -------------------------------------------------------------------- $141 $185, 189 $13, 915 $0 FIRE AND RESCUE ADDENDUM Fire Rescue New Capital Costs Not $105 $652 Covered by County Contributions ---------------------------------------------------------------- Gilbert W. Clifford and Associates 200 N. Cameron Street Winchester, Virginia, 22601 703-667-2139 5. FREDERICK COUNTY IMPACT MODEL REPORT OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation ------- 4 ---------- TOTAL ---------------------- --------------------- FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions Capital QQAa $66 $284 $0 $0 $0 1W $350 --------------------------- --------------------- Net Credit Fiscal Taxes to Impact Capital Net ciff.it Qaata Impac $294 $56 $107,245 $0 $6.375 U $1,606,380 $113,914 $0 $1,947.25 NOTES: Carroll Rezoning: Rp to B2 assumes 60,093 square feet of retail use (21,361 square feet per acre) Tu" b11917 "1 OUTPUT MODULE -------------------------- a - - Capital Fire Department $32 Rescue Department $83 Elementary Schools $14,559 Middle Schools $3,583 High Schools $16,998 Parks and Recreation $9.894 TOTAL $45,149 ------------------------------------------- ----------------------- FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions ----------------------- -- ---------------------- Net Credittu'r Fiscal Taxes to Impact Capital Net Ciedit CQats Impac $317 $0 $0 NOTES: Carroll Rezoning --RP Zoning), assumes 16 towmhouse units on 2.8 acres $5,196 $29,944 $5,822 $39,327 $648.80 �v� t0/ (9/9# . . . ©��!* • . _��� C�,,©� Rio ��-'� o i Al 89B "A i ; a 88 86 s 84 i ae w A �f�yc� R %6, � • \ I °Oo n y • � w y 4 w o i i • �� I i i J P � O J / 45E I • ">hy �� GIs Scale in Feet 0 300 600 900 Location Map for PIN; 64A-4-20A James Carroll Rezoning #008-94 PEMBRIDGE HEIGHTS PHASE I 0 v a R 9.Cd ETNAM STREET \ (50' R/1h) 1 t i N O 0 ' f t- I57 0-3p954Pc 82'02 29� =-55 " P a• 9 p PRC Sq. O 10.5"n 0 � ro 10. -- 2-or -- -- 5 7436'36' E N 743632' W WI • t O z t t N 75TL2'29" W -- 50.71rT -- --- NIF - µUS ,1 1010� �a oo ft 1 w 3 25,221 54• 11 � � Y m N. W v \ CL \ 3 W • N . nn mgi z� 6 S p ---- -- 71' 365.SC' M 4 PgRCEL 1g 105 � 20 20A 2 pts. 73 'ts 20A 2 pts. I 0 0 2. BOUNDARY SURVEY N/F Bortley PEMBRIDGE HEIGHTS — PHASE I Parcel B" 10Temporary Construction Easement 7-1 11 10' Permanent Water Easement Parcel "A" JAMES H. CARROII TM Ins 64A (4 PCL 20A NOTES: 1. No Title Report furnished. 2. Boundary information was taken from Public records and not field verified. I H 0 F L S. W. MARSH o CERTIFICATE NO. u 1B43 VA. SEC. R TE. 781 N/fi Edward K. Miller PLAT SHOWING 10' PERMANENT WATER EASEMENT and 10' TEMPORARY CONSTRUCTION EASEMENT through the land of JAMES H. CARROLL DB 622 — Pg 308 to be acquired by FREDERICK COUNTY SANI TA TION AUTHOR/ TY Shawnee Magisterial District Frederick County, Virginia DATE: Auqust 1992 gilbert ENGINEERS 150—C 01de Greenwich Drive Fredericksburg, Virginia 22401 (703) 898-2115 SCALE: 1"=100' I Plat No. 9354—IX-1 W. clifford & associates, inc. — LAND PLANNERS — SURVEYORS 200 North Cameron Street Winchester, Virginia 22601 (703) 667-2139 lJ 3. REIRRDED SUBDIVISION PLAT - E r C l L C fO�C E�SC�`JEN/S FIIVAC. Pr. A T � PE�1BR/DBE NE�GNTS -PHASE I SFIfIIy�EE p'S7R/CT F�cEoc c/cn cou/vTY vi/f G/lv/A SL'ALc /•-/cu, CL / oacx •�, / 963 S/ rE C: 7 - 1 O/: /1 wko' "#ti x"` s+fJ�LTN pF PAX E](xCAi(i rro. IrQ , PACILILLI, SIMMONS & ASSOCIATES, LTD. 305 S. Horrlson Sirecl, Sullc 200, Lcc-.!)urC, Virninl; 22075 70J-777.27L, 473 C9I5 --lWe'rick —COunkly C1.b 7 sen 7. I Q) A;4. 011 �4 Wale, INTERC'"N� '7 /7- �T- J D 'e J let N .Gt. vL roject pit —1 41" ale Valle'Y- t rolf Club k 'C A Wmchesle, M.n-opal am 712 71� ch" v %* S?1e,,a,,dc&x Gilbert W. Clifford and Associates 200 N. Cameron Street 1- PROPERTY LOCATION MAP Winchester, Virginia, 22601 703-667-2139 J • u C O V E R S H E E T To: James Carroll Buckley-Lages, Inc. Fax #: 722-3912 Subject: Carroll Rezoning Date: January 11, 1996 Pages: , , including this cover sheet. COMMENTS: M kc- mA iY) o 2t-jl 19 ef r 64, � FAX From the desk at.. Robert W. Watkins, Director Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 540-665-5651 Fax: 540-6"r 8-0682 ,M COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 January 11, 1996 Mr. James Carroll Buckley - Lages Inc. P.O. Box 337 Stephenson, VA 22656 Dear Mr. Carroll: We would like to suggest that you could address a number of people's concerns about your rezoning by limiting the 24-hour uses that would be allowed. You have already proffered to not allow food stores, which would include convenience stores. These are the primary 24-hour uses. Some fast food restaurants in the area are open 24-hours a day, but many are open from 6:00 am to 11:00 pm. Motels and hotels should be an exception to this requirement. Therefore, the primary additional restriction that such a proffer would provide would be to limit twenty-four hour restaurants. This proffer could be accomplished with language similar to the following: No uses shall be allowed which are opened between the hours of 12:00 midnight and 6:00 am except for hotels and motels which may be open 24-hours a day. The purpose of such a requirement would be to avoid late night impacts on surrounding uses that result from the heavy traffic involved with 24-hour restaurants, service stations or related uses. A broad range of uses, typical of the Route 50 corridor, would still be allowed including retails uses, offices, restaurants, and motels. It is the belief of the staff that such a proffer would greatly improve the likelihood of adoption for the rezoning. Sincerely, 11d4_ 4�� Robert Watkins, AICP Planning Director RWW/bah cc: Harrington W. Smith, Jr. 107 North Kent Street • Winchester, Virginia 22601-5000 § 165-82 ZONING Allowed Uses Funeral homes and crematories Car washes Videotape rental Medical offices § 165-82 Standard Industrial Classification (SIC) 726 7542 784 801, 802, 803 and 804 Child day-care services 835 Civic, social and fraternal organizations 864 Public buildings — Public utility distribution facilities — Business signs — Directional signs — Residential uses which are accessory to allowed business uses — Parks — Churches — Restaurants [Added 12-9-19921 5812 Art dealers, art supplies and art framing — [Added 4-26-19951 B. [Amended 8-8-1990; 6-11-19911 B2 Business General District. The intent of this district is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have good, direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be 16613 6-25-95 § 165-82 FREDERICK COUNTY CODE § 165-82 provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. Standard Industrial Classification Allowed Uses (SIC) Veterinary offices with all activities 074 and animals kept within the fully enclosed primary structure Communication facilities and offices, including telephone, telegraph, radio, television and other communications —€lectr'' ,gas and-ottsrutitity fact.' ' hiding the-4offming: anitar�serV�ices Paint, glass and wallpaper stores Hardware stores Retail nurseries and lawn and garden supply stores General merchandise stores 'Food stcs ,Y) } A an gasoline service stations Apparel and accessory stores Home furniture, furnishings and equipment stores Restaurants Miscellaneous retail,, except for the following: Fuel dealers 16614 CE: Wel 495 523 525 526 53 54 55 56 57 58 59 6-25-95 § 165-82 ZONING § 165-82 Standard Industrial Classification Allowed Uses (SIC) Finance, insurance and real estate — offices Hotels and motels 701 Organization hotels and lodging 704 - Personal services, including laundry and 72 funeral services, excluding the following: Industrial launderers 7218 (Cont'd on page 16615) 16614.1 6-25-95 0 0 § 165-82 ZONING Allowed Uses Organization hotels and lodging Personal services, including laundry and funeral services, excluding the following: Industrial launderers Business services, excluding the following: Car washes ��,M�ee+l�eeus-r-ep . Motion picture theaters, except drive-in Videotape rental Amusement and recreation services operated indoors `courses Health services Legal services Child day-care facilities C)*" Engineering, accounting, research, management and related services General business offices -'Model home sales offices 6� 1, s Public buildings 16615 § 165-82 Standard Industrial Classification (SIC) 704 72 7218 73 735 7542 76 7832 784 79 77999 80 81 8351 86 87 7-25-94 0 0 § 165-82 FREDERICK COUNTY CODE § 165-82 Standard Industrial Classification Allowed Uses (SIC) Business signs _ Directional signs _ Building entrance signs _ Residential uses which are. accessory to _ allowed business uses Parks Churches Libraries _ Electrical supplies [Added 6-8-19941 506 Plumbing supplies [Added 6-8-19941 5074 C. B3 Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas.. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. Standard Industrial Classification Allowed Uses (SIC) Veterinary services 074 Landscape and horticultural services 078 16616 7-25-94 .+% gilbert w. clif ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 540-667-2139 • Fax: 540-665-0493 December 13,1995 Mr. Robert Watkins, Planning Director Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 RE: Revised Proffers, Rezoning Request #008-94, James H. Carroll Route 50 East, Shawnee Magisterial District Dear Bob: Please find attached a revised proffer from Mr. Carroll. This proffer contains a list of uses that will not be permitted when the property is zoned to B-2. This proffer statement has been reviewed by Mr. Carroll and a signed copy will be delivered to your attention. It is my understanding that you require this revised proffer statement prior to the public hearing notice for the scheduled January 10, 1995 Board of Supervisors meeting. Bob, please advise me how this matter is to be handled so that I may advise Mr. Carroll. Thank you in advance for your assistance. Happy Holidays, gilbert w. clif ford & associates, inc. Steppe . Gyurisin attac ment cc: Mr. James Carroll Mr. C. E. Maddox, Jr., P.E. Mr. John Riley Mr. Kris Tierney Mr. Jay Cook PROFFER (Revised) CARROLL REZONING REQUEST CASE NO. 008-94 I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B- 2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The owner proffers that there shall be no entrance to the property on Etnam, Street. 2. The owner proffers that there will be a total of no more than five (5) entrances for the property. 3. The owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. 4. The owner proffers that the property will not be use for the following B-2, Business General allowed uses: a. Electric, gas and other utility facilities b. Food stores c. Automotive dealers d. Miscellaneous repair services e. Golf driving ranges and miniature golf courses f. Membership organizations g. Self-service storage facilities h. Public utility distribution facilities Respectfully submitted, James H. Carroll, Onwer Date STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of December, 1995 by My Commission Expires: Notary Public: gilbert w. clifford & associates, inc. 200 N.Cameron Street Winchester, Virginia 22601 540-667-2139 Fax: 540-665-0493 TO WE ARE SENDING YOU X] ATTACHED HAND DELIVERED CHANGE ORDER SHOP DRAWINGS PRINTS 0 COPY OF LETTER ❑ PLATS LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 1/4/% 9509 ATTENTION Renee RE: Tamp-- ('arrnll R07nnino, FlUNDER SEPARATE THE FOLLOWING ITEMS SAMPLES SPECIFICATIONS ❑ PLANS FX1 OTHER COPIES DATE DESCRIPTION 1 12/14/95 Signed Proffer (Revised), Case No. 008-94 ARE TRANSMITTED FOR APPROVAL FRI FOR YOUR USE APPROVED/SUBMITTED APPROVED/AS NOTED RETURN/CORRECTIONS AS REQUESTED FOR REVIEW or COMMENT El FOR BIDS DUE ------------ 19 REMARKS 0 RESUBMIT FOR APPROVAL ❑ SUBMITFOR DISTRIBUTION RETURNED_ CORRECTED PRINTS Ej LOAN PRINT/RETURN IN/WITH SIGNATURES COPY TO: SIGNED Stephen M. G,yurisin REV. 2.0 0 C 0 V E R FAX S H E E T To: Fax #: Subject: 3 a 2-cn � nG Date: Pages: l , including this cover sheet. COMMENTS: From the desk of... Nall Frederick County Planning Department 107 North Kent Street Winchester, Virginia 22601 540-66,E-5651 Fax: 540-678-0682 U 0 0 § 165-82 ZONING Allowed Uses Funeral homes and crematories Car washes Videotape rental Medical offices § 165-82 Standard Industrial Classification (SIC) 726 7542 784 801, 802, 803 and 804 Child day-care services 835 Civic, social and fraternal organizations 864 Public buildings — Public utility distribution facilities — Business signs — Directional signs — Residential uses which are accessory to allowed business uses — Parks — Churches — Restaurants [Added 12-9-19921 5812 Art dealers, art supplies and art framing — [Added 4-26-19951 B. [Amended 8-8-1990; 6-11-19911 B2 Business General District. The intent of this district is to provide large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have good, direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be C, 16613 6-25-95 0 • § 165-82 FREDERICK COUNTY CODE § 165-82 provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. Standard Industrial Classification Allowed Uses (SIC) Veterinary offices with all activities 074 and animals kept within the fully enclosed primary structure Communication facilities and offices, 48 including telephone, telegraph, radio, television and other communications Electric, gas and other utility 49 facilities and offices, excluding the following: Sanitary services 495 Paint, glass and wallpaper stores 523 Hardware stores 525 Retail nurseries and lawn and garden 526 supply stores General merchandise stores 53 Food stores 54 Automotive dealers and gasoline service 55 stations Apparel and accessory stores 56 Home furniture, furnishings and 57 equipment stores Restaurants 58 Miscellaneous retail, except for 59 the following: Fuel dealers 598 16614 6-25-95 • • § 165-82 Allowed Uses ZONING Finance, insurance and real estate offices Hotels and motels Organization hotels and lodging Personal services, including laundry and funeral services, excluding the following: Industrial launderers I c:� § 165-82 Standard Industrial Classification (SIC) 701 704 72 7218 (Cont'd on page 16615) I( 16614.1 6-25-95 • § 165-82 ZONING § 165-82 Standard Industrial Classification Allowed Uses (SIC) Organization hotels and lodging 704 Personal services, including laundry and 72 funeral services, excluding the following: Industrial launderers 7218 Business services, excluding 73 the following: Miscellaneous equipment rental 735 Car washes 7542 Miscellaneous repair services 76 Motion picture theaters, except drive-in 7832 Videotape rental 784 Amusement and recreation services 79 operated indoors Golf driving ranges and miniature golf 7999 courses Health services 80 Legal services 81 Child day-care facilities 8351 Membership organizations 86 Engineering, accounting, research, 87 management and related services General business offices — Model home sales offices — Self-service storage facilities — Public buildings _ Public utility distribution facilities — 16615 7-10-95 • E § 165-82 FREDERICK COUNTY CODE § 165-82 J Standard Industrial Classification Allowed Uses (SIC) Business signs _ Directional signs _ Building entrance signs _ Residential uses which are accessory to allowed business uses Parks _ Churches _ Libraries _ Electrical supplies [Added 6-8-1994] 506 Plumbing supplies [Added 6-8-1994] 5074 C. B3 Industrial Transition District. The intent of this district is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. In these areas, there will be a mixture of automobile and truck traffic. Some of the uses in this district will require large areas of land and may have outdoor storage and display. It is intended that the uses in this district shall not be sources of noise, dust, smoke or other nuisances. Such industrial transition areas shall be provided with safe and sufficient access. Allowed Uses Veterinary services Landscape and horticultural services Standard Industrial Classification (SIC) 074 078 (Cont'd on page 16616.1) 16616 7-10-95 • gilbert w. clif ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 9 Fax: 703-665-0493 April 10, 1995 Mr. Robert Watkins, Planning Director Frederick County Planning Department P.O. Box 601 Winchester, Virginia 22604 RE: Carroll Rezoning, Route 50 East Dear Bob: In light of the significant discussion on Wednesday night relative the above project, I am pleased to write this letter with the intent of confirming an approach to the solution of the issue involved. By this letter I am proposing a system of discovery which will yield a proffer acceptable to the Planning Commission and governing body for this rezoning request. Over the several hearings held on this project, we have listened closely to the comments made. We have attempted to respond with a plan (a copy of which is attached to this letter) which shows a possible use for the commercial sites generated and a solution to the impacts and concerns voiced by the Pembridge Heights and Miller Heights home owners. As we discussed Wednesday night, we consider this a win -win -win approach where all parties can be mutually benefitted including the County. It will take some considerable time to put this planned public -private project together. For this reason, we propose that the Planning Commission, at the April 19, 1995 meeting, agree to table, at owners request, this rezoning to a meeting set six months from this date. Also, that a series of proffers, constructed as per the attached, with appropriate detail will allow for a positive recommendation to the Board of Supervisors on the rezoning. In a similar manner we would like to approach the Board of Supervisors to secure an understanding which will allow the legislative act of rezoning to occur, should these conditions be satisfied. With the knowledge of what needs to be done, Mr. Carroll could then begin the investment necessary to establish the guidelines for these proffers. Of course, at any point in the process, Mr. Carroll can stop the process on feasibility grounds and withdraw the application. ;;I • r • • M Mr. Robert Watkins Carroll Rezonin Apri110,1995 • age 2 As a minimum the work will involve meetings with VDOT, significant field survey activities including plat preparation, negotiations with funding sources both public and private, negotiations with numerous utility companies who have lines in the area for relocations where necessary and discussions with adjacent landowners. If this approach or an approach modified pursuant to your direction is acceptable to Mr. Carroll, we would recommend a presentation of this approach to the Planning Commission at their April 19 meeting and to the Board of Supervisors at their April 26 meeting. With appropriate assurances a rehearing of the further defined project could occur in December, 1995. Thank you for your continued assistance in this matter. Sincerely, gilbert w. clifford & associates, inc. 4.addox, Jr., PY., Vice President CEM/cls attachment cc: Mr. James Carroll 9 • Carroll Rezoning U.S. Route 50 East Frederick County, Virginia April,1995 PRIMARY CONCERNS OF PEMBRIDGE HEIGHTS HOME OWNERS Issue 1) Increased Traffic 2) Size of planned road -why 5 lanes? 3) Location of planned road - Not in My Back Yard. 4) Type of commercial uses. 5) Use Separation - Use a berm not a wall with landscaping and 40' buffer area. 6) Assurances that the plan shown will be built (Proffers) 7) Drainage 8) Lights 9) School bus stop and kids 10) Continued Development of commercial along Route 50 East and impact on back yards of existing homes. Possible Proffer Solved by proposed road improvements. N/A Solved by proposed screen, buffer and landscaping B-2 uses. Solved by proposed screens, buffer and landscaping Solved by six month delay which will insure strong, enforceable proffer. Solved by proposed road improvements. Proffer environmentally satisfactory lighting. Solved by proposed road improvements. N/A. Comprehensive plan calls for B-2 uses along U.S. Route 50. gilbert w. clifford & associates, inc. { Ii r\ t• �;� P dqo Hefgbte S dt o — Ph. -I Q 1 Zar}ed: RP Uea: o:,bantlal � e Roeenber0or •'- Zoned• RP a 's; Uoe: Realdentlal �• m Edward Y. NUlor. of al Zoned: RP Uoe: Vacant TOW IVY =32 A=.,) te 7. 8-2 1 L Wncheator Oatdoor 1 Adwrtlatn9 C rp—tbn Marlow h Board Proporty Partnershlp j Zonod: B-2 .\ 9 . Usc Hato Dualanshlp PMNCE 88 CO—OP RO Us ME Gay E. k Zoned BL. Stresnyder ShNoy F. 8�9ardce G Ca cr \ a° r'L oa n otd �Zo ed: 8-2� Carroll Rezoning t Y?� Raymond h Francla Ridingo commercial- UCQ L-Ito'nats Zoned: B-2 gilbert w. cli f ford & associates, inc. 200 North Cameron Street m Winchester, Virginia 22601 703-667-2139 o Fax: 703-665-0493 t ,,1 memorandum �IA To: Frederick County Planning Commiss' Members r" From: C. E. Maddox, Jr., P.E., Mice Prside..- RE: Carroll Rezoning, Route 50 Date: April 14, 1995 Kris Tierney has asked that I send the attached directly to you for consideration prior to next Wednesday's Planning Commission meeting. I will be glad to answer any questions you may have prior to that time. I hope you can provide Mr. James Carroll the assurance he needs to proceed with the feasibility planning for the roadway improvements. Thank you for your assistance in this matter. CEM/cls attachment cc: Mr. Kris Tierney Mr. James Carroll Frederick County Board of Supervisors iloer w. cli. ' ord & associates g ff - 200 North Conierm Street ) Winchester, Virg>itiia 22601 703-667-2 I39 , Fax: 70)-" ; .049. 1pU it 10, 1995 Mr. Robert Watkins, Planning Director Frederick County Planning Department P.O. Box 601 Winchester, Virginia 22604 RE: Carroll Rezoning, Route 50 East Dear Bob: In light of the significant discussion on Wednesday night relative the above project, I am pleased to write this letter with the intent of confirming an approach to the solution of the issue involved. By this letter I am proposing a system of discovery which will yield a proffer acceptable to the Planning Commission and governing body for this rezoning request. Over the several hearings held on this project, we have listened closely to the comments made. We have attempted to respond with a plan (a copy of which is attached to this letter) which shows a possible use for the commercial sites generated and a solution to the impacts and concerns voiced by the Pembridge Heights and Miller Heights home owners. As we discussed Wednesday night, we consider this a win -win -win approach where all parties can be mutually benefitted including the County. It will take some considerable time to put this planned public -private project together. For this reason, we propose that the Planning Commission, at the April 19, 1995 meeting, agree to table, at owners request, this rezoning to a meeting set six months from this date. Also, that a series of proffers, constructed as per the attached, with appropriate detail will allow for a positive recommendation to the Board of Supervisors on the rezoning. In a similar manner we would like to approach the Board of Supervisors to secure an understanding which will allow the legislative act of rezoning to occur, should these conditions be satisfied. With the knowledge of what needs to be done, Mr. Carroll could then begin the investment necessary to establish the guidelines for these proffers. Of course, at any point in the process, Mr. Carroll can stop the process on feasibility grounds and withdraw the application. Robert Watkins Ca • ' Carroll Rezoning April 10, 1995 • Page 2 As a minimum the work will involve meetings with VDOT, significant field survey activities including plat preparation, negotiations with funding sources both public and private, negotiations with numerous utility companies who have lines in the area for relocations where necessary and discussions with adjacent landowners. If this approach or an approach modified pursuant to your direction is acceptable to Mr. Carroll, we would recommend a presentation of this approach to the Planning Commission at their April 19 meeting and to the Board of Supervisors at their April 26 meeting. With appropriate assurances a rehearing of the further defined project could occur in December, 1995. Thank you for your continued assistance in this matter. Sincerely, gilbert w. clifford & associates, inc. i i addox, Jr., P. ., Vice President CEM/cls attachment cc: Mr. James Carroll Carroll Rezoning U.S. Route 50 East Frederick County, Virginia April,1995 PRIMARY CONCERNS OF PEMBRIDGE HEIGHTS HOME OWNERS Issue Possible Proffer 1) Increased Traffic Solved by proposed road improvements. 2) Size of planned road -why 5 lanes? N/A 3) Location of planned road - Not in Solved by proposed screen, My Back Yard. buffer and landscaping 4) Type of commercial uses. B-2 uses. 5) Use Separation - Use a berm not a wall Solved by proposed screens, With landscaping and 40' buffer area. buffer and landscaping 6) Assurances that the plan shown will be Solved by six month delay built (Proffers) which will insure strong, enforceable proffer. 7) Drainage Solved by proposed road improvements. 8) Lights Proffer environmentally satisfactory lighting. 9) School bus stop and kids Solved by proposed road improvements. 10) Continued Development of commercial N/A. Comprehensive plan along Route 50 East and impact on back calls for B-2 uses along U.S. yards of existing homes. Route 50. gilbertw. clifford & associates, inc. r 0 • April 10, 1995 Mr. Charles S. DeHaven, Jr. 2075 Martinsburg Pike Winchester, VA 22603 Dear Sir: We are residents of the Miller Heights subdivision. We wish to voice our objections to the proposed zoning change for the properties located at the intersection of Pembridge Drive and Custer Avenue. We urge you to maintain the existing residential character of this neighborhood and to reject this application as a similar request was reject four years ago. '-� 2 / .) � 0 Ic Ave— ��z Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alterpgiye. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. s l j bq"Aw�-�(Name , � i' i S� L (r� i✓ I � f �� gnature Address ��� ) l� �L Qf `qv� Lot # Date: )0 0 • 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Fonner Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights . At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr.'Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to coininercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name 4 �%�/ P /l • 5y9 ✓/Jo cTz Address 30S ��'���� �`�� Dw Signature Lot # S'7 Date: B 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Fonner Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions callus at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name Signature Address Vot # Date: i • 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name J / e b;,e C G G l Gt Q X Signature x Address �5 ,'�L-a� �� ,-�d%cam '. i/.i �/�,, j,�aTl- Lot #— ( Date:�— u E 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 49, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 prn on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name hn �S —Ju , di'lSignaturf Address1 c oyl� v' r(ja L pyt9 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name/fb` ,.r-/�7' e ., Address / 0 oZ SignatureaG' Lot 9 / Date: Z/// 9 /6� • 9 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name "3 1'\ �� t { Signature i ( 1 Address ZtI-n� �(-1 �r� j'. Lot # Date: 0 • 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 114rLot-D (911 L Name jJ Va(1 e2 //, C �(�GlSignature X Address 2.( 7 �eii'lrlGiG/7) {2., Lot 9 /0 2—Date: /, le - y� 9 0 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995,.Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pemmbridge Heights _ At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name ;.��c��-1 /- I��� r ��� D �� Signature Address 7/U Lot # Date: "// 9�5 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Fonner Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 49, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name e, /� ` �/�.�/ Signature ��/ ------ � / g Address Lot # i Date: /�1; j— • 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Fonner Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name �OB%/) � Y� L'�> Signature ���r /- yL-c.0 Address /07 ���L� �����" ' '_ Lot # `� -� . Date: 0 0 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 r ((� J r� 1 J (� \.. ' Name .� �1-; ��1 P✓ Ili} )2'� oU� Signature l�i .i L'�Ci11 J. `O,� l�`CC -iL Address l,01.lL<}'atll ft Lot #EU, Date: 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name e v ��/c��� Signature Address /jy Lot #. XY Date: ' j� • 0 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Fonner Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Name I ► 1 1 li o-t-,,► Signature MC:O' YL_ Address �. ��� ffn B V--) i D Lot # Date: I 1 V 0 i 17 April 1995 Subject: Frederick County Planning Commission meeting 7:00 pm, Wednesday,19 April 1995, Board Room, Former Court House Building, Loudon Street Mall Dear Pembridge Heights Homeowners: On March 23, 1995, a public forum was held by the Board of the Homeowners Association to hear and discuss plans to rezone the property at the front of Pembridge Heights. At that meeting, Mr. Charles Maddox represented Mr. Carroll, the property owner. Mr. Maddox said that Mr. Carroll would drop any plans for rezoning the property if the homeowners were opposed. Multiple dwellings would be the likely alternative. There were not enough homeowners in attendance at that meeting for the board to develop a consensus of opinion. At the last Frederick County Planning Commission meeting on April 5, 1995, the issue was again tabled for April 19, to further evaluate homeowners support. It would be beneficial if all opposed to this rezoning request would attend the meeting on Wednesday. A good showing of support could put an end to this commercial rezoning issue. If you can not attend this meeting, and you are opposed to rezoning this property to commercial, please fill in the bottom of this flyer and return it to us before the meeting and we'll see that your concerns are forwarded to the homeowners association. Feel free to place it in our newspaper box before 6:00 pm on Wednesday. If you have any questions call us at 662-9382. Thank You. Jim and Irene Davern 105 Clarendon Court Winchester, VA 22602 Namsignature o Address � � f �1� /%� Lot # 41 Date: //��� 0 9 PEMBRIDGE HEIGHTS HOMEOWNERS ASSOCIATION, INC. POST OFFICE BOX 3838 WINCHESTER, VIRGINIA 22604 March 13, 1995 c 6j 1 \ 1' The Pembridge Heights Homeowners Association will sponsor public forum Thursday, March 23, to hear and discuss a plan for the commercial development of residentially -zoned property at the intersection of Custer Avenue and Pembridge Drive, off of Route 50 East in Frederick County. The meeting will be held at the Greenwood Fire Hall, near Greenwood and Senseny Roads, beginning at 7 p.m. The press and public are invited. James Carroll, the property owner, has sought approval to rezone the vacant property, which is adjacent to the Pembridge Heights and Miller Heights subdivisions, for commercial use. The Frederick County Planning Commission twice last year tabled the request. After the Commission's last hearing on the matter, Mr. Carroll developed an alternative plan, to be presented and discussed at the forum, which would alter the configuration of the roads and create a buffer between the planned commercial property and Pembridge Heights. The new road would provide access to a future, envisioned residential development between Route 50 and Senseny Road. Daytime contact: Cary Kimble (837-2100) I'I IG SGme.S Carroll 33ezon�n5 PEMBRIDGE HEIGHTS HOMEOWNERS ASSOCIATION, INC. y .i6 71829� POST OFFICE BOX 3838 WINCHESTER, VIRGINIA 22604 s� 0 w N G > z t W 2 March 13, 1995 r U o a o); w �, o V w �J The Pembridge Heights Homeowners Association will sponsor`a r public forum Thursday, March 23, to hear and discuss a plan for the commercial development of residentially -zoned property at the intersection of Custer Avenue and Pembridge Drive, off of Route 50 East in Frederick County. The meeting will be held at the Greenwood Fire Hall, near Greenwood and Senseny Roads, beginning at 7 p.m. The press and public are invited. James Carroll, the property owner, has sought approval to rezone the vacant property, which is adjacent to the Pembridge Heights and Miller Heights subdivisions, for commercial use. The Frederick County Planning Commission twice last year tabled the request. After the Commission's last hearing on the matter, Mr. Carroll developed an alternative plan, to be presented and discussed at the forum, which would alter the configuration of the roads and create a buffer between the planned commercial property and Pembridge Heights. The new road would provide access to a future, envisioned residential development between Route 50 and Senseny Road. Daytime contact: Cary Kimble (837-2100) 0 0 gilbert w. cli f ford & associates, inc. 200 North Cameron Street * Winchester, Virginia 22601 703-667-2139 • Fax: 703-665-0493 February 28, 1995 /,�,,�� Q r r L !r Ms. Renee Arlotta, Office Manager Frederick County Planning Dept. P.O. Box 601 Winchester, Virginia 22604 `sue r RE: Mr. James Carroll Rezoning Request cG�GIGU Route 50 East, Shawnee District Dear Ms. Arlotta: Please table the above referenced rezoning request until the April 5, 1995 Planning Commission meeting. This item is requested to be tabled because a meeting is not scheduled with the adjoining property owners until mid -March, 1995. Thank you. Sincerely, gilbert w. clifford & associates, inc. 5tephe M. Gyurisin SMG/cls cc: Mr. James Carroll Mr. Scot Smoot ---Yy� (�I- TDIT /--� gilbert w. clifford & associates, inc. INCORPORATED 1972 Engineers Land Planners Surveyors Water Quality Analyses Corporate Office: 150C Olde Greenwich Drive • P. O. Box 781 Fredericksburg, VA 22401 • (703) 898-2115 Winchester Office: 200 North Cameron Street • Winchester, VA 22601 • (703) 667-2139 February 14,1995 Mr. Kris Tierney Frederick County Planning P.O. Box 601 Winchester, Virginia 22604 RE: Carroll Rezoning Project Route 50 East Dear Kris, We have initiated some discussions with the Pembridge Heights property owners and need another thirty days to pursue an understanding. Please accept this letter as our request to table this matter before your Planning Commission for another 30 days (to your March 22, 1995 meeting). CEM/kf Sincerely, C.E. Maddox, Jr., P. ., VP Gilbert W. Clifford & Associates, Inc. BOARD OF DIRECTORS `J Thomas J. O'Toole, P. E. Charles E. Maddox, Jr. P. E. Earl R. Sutherland, P. E. P. Duane Brown, C. L. S. William L. Wright, Laboratory Director Spoke W/ 5 M G— send. Itfter. Or .1)2q. fa �/l I —(JsFi. Nei a reeab)e, t?6 �,-y . W0 1 y i • gilbert w. cli f ford & associates, inc. 200 North Cameron Street • Winchester, Virginia 22601 703-667-2139 9 Fax: 703-665-0493 January 20, 1995 Mr. Gene Koepfler President Pembridge Heights Homeowners Association, Inc. P.O. Bx 3838 ar Winchester, Virginia 22604 RE: Carroll Property Rezoning U.S. Route 50 East Dear Gene: Thank you for our several discussions relating to development planning on the above tract of land, which exists at one of the entrances to Pembridge Heights. I understand that you have had some contact with the owners on our suggested road realignment and some interest may exist, allowing discussion to continue. For the next step, it seems appropriate to prepare a "what might happen" type plan and attached you will find 5 copies of our effort in this regard. Although general in nature, this plan does allow a specific look at buffering, screening, transportation, drainage and other like issues and how these may effect the life style of your community. I believe all agree that the road improvements represent a significant improvement to some of the problems mentioned in the public meetings thus far. Long term, the plan will help reduce impacts on Pembridge Heights due to developing lands east of the community. Obviously, this work is not without costs, which can only be borne from the improved values which come from the developments themselves. Governments no longer have the funds for such improvements. My client has directed that I provide to you what information you may need to evaluate this approach and to meet with your group if necessary in the process. He asks that some understanding be reached, if one is possible, within the next two weeks, to allow him time to plan his efforts this year. If "daylight" exists on a "B" (Business) plan versus the "RP" (residential) plan, which he has the right • 4 Mr. Gene Koepfler Carroll Property Rezoning January 20, 1995 + Page 2 71 to do under current zoning, my client is willing to take the several months necessary to fine tune and explore implementation of this plan. He does not wish to proceed with the rezoning without the concurrence of your group. I look forward to your reply. Sincerely, gilbert w. clifford & associa es, mc. C. E. Maddox, Jr., P.E., Vice President CEM/cls attachment cc: Mr. James Carroll Mr. Robert Watkins, Frederick County Planning Director November 30, 1994 George L. Romine Westminster Canterbury Box 104 Cottage Drive Winchester, VA 22603 Dear Mr. Romine: My parents and I have owned a home in Pembridge Heights for two years and we believe the rezoning of this property for commercial use would be unwise for several reasons. • There are approximately 1,000 adults and children in Pembridge Heights and the adjoining Miller Heights subdivisions, whose primary access to Route 50 is Custer Avenue. • I use Custer Avenue, each morning going to work, to pick up Route 50 West; however, when I return home at 6:00 p.m. I do not use Custer Avenue which enters our subdivision because of the safety hazard. (Custer is narrow and requires a sharp turn off of 50.) Even though a traffic light has been "promised" for Route 50 and Custer Avenue, rezoning for commercial use would dump too much traffic in this intersection for even a traffic light to accommodate. • The property in question is not located directly off of 50, but within the Pembridge development. If it is rezoned for commercial use, the safety and security of both subdivisions will be sacrificed. • Developers have made several attempts in recent years to correct the drainage problem on the property in question. This land is uneven and is bisected diagonally by a natural rain trough. What environmental impact would rezoning have on the immediate area? We understand your responsibility to the business interests of Frederick county, but we ask that you please weigh your responsibility to those of us who bought honks in Pembridge Heights, unaware that there was an intent by some to alter the residential rezoning status of property at the front of the subdivision, property which has no direct access to Route 50. This action would send a message to homebuyers and homeowners in Frederick County and the City of Winchester that property can be rezoned based on unwritten agreements between the Planning Commission and developers. If you have not inspected the property in question for rezoning, please do so. You will understand the validity behind the resident's request to deny rezoning. Sincerely, Sandra Trosclair Robert Burnworth Doris L. Burnworth 110 Somerset Drive Winchester, VA 22602 1 0 Ovember 26, I994 Mr. James W. Golladay, Jr. Chairman Frederick County Flanning Commission F. 0. Box 159 Stephens City, Va. 22.655 Dear Sir; ',Te are residents of the Miller Heights sub -division. We wish to voice our objections to the proposed zoning change for the properties located at the intersection of Pembridge Drive and Custer Avwnue. You are well aware of the numerous reasons for -Ienyin7 the requested change, so there is no need to repeat them here. We urge you to maintain the existing residential character of this neighborhood, and to reject this application as a similar request was rejected four years afro. J'4 le. r OPPE A = M •� CERTIFIED Z 794 092 067 H ,1 RECEIPT REQUESTED $2.29 Mr. James W. Gollada.y, Jr. Chairman Frederick County Pl7nnin7 Commission P. 0. Box I59 Stephens City, Va. 22655 NM i 1st Not• - - 44 2nd NoticawMw,,,r, i Gene P. Koepfler Ta 1ap1'iona 703-662-6995 Fax 703-662-0342 203 Pembr idga Drive W inckiestar vA 22602 (AND 2g9�November 17, 1994V 1994� cn, George L. Romine PLANN�NWestminster Cantebury, Box 104 Cottage DrivetoENr�Winchester VA 22603Zl t`Q�6 Dear Mr. Romine, I am writing to you as a Home Owner in The Pembridge Heights Sub Division. Located just East of the I-81/Rt.50 interchange. As you are aware there is a request being made by James Carroll to change the zoning of two parcels of land located on the corners of Custer Avenue and Pembridge Drive from residential to commercial B2. These Parcels form the Main Entrance to both Pembridge Heights and Miller Heights. I am concerned about this rezoning request for several reasons; Traffic: There is no way that our little streets (tar and chip covered) can handle the additional traffic that a commercial venture would bring. Safety: I have four children that routinely use our streets to visit their friends in our neighborhood. We have no provision for bike/walking paths. There are no side walks and because of the drainage ditches along the sides of the roads there is no option but to walk/bike on the street itself. Adding a commercial venture to our community is a sure recipe for disaster. Property Value: I believe that rezoning the entrance to a residential area to commercial would drastically lower my property values and the value of the community as a whole. The small bit of revenue that the county would pick up would be greatly off set by the lowering and suppressing of values of some 300 homes in that area. Personal: I purchased a home in the Pembridge Heights area because there was no commercial venture located within it. We have a homeowners association for that reason, to maintain the integrity and community flavor of our neighborhood. I 0 0 believe that rezoning would destroy our neighborhood and invalidate the reasons that I moved here. Area Growth: While I think it is wonderful that our area is growing I do not see it as inevitable that every square foot of Frederick county be turned into a commercial venture. What good is a strong base of commerce if you don't have a viable community to go with it. Look at Wash. DC as prime example of where that can lead. In Summary I ask that you weigh the desire of one individual (Mr. Carroll) to make profit in a community that he doesn't even live in, to the needs and desires of myself and all of the residents in our community who will have to live with such a rezoning. Please reject any effort to rezone. Please Note that this is my personal letter to you , not as a representative of The Pembridge Heights Homeowners Association, but as a home owner and resident of Frederick County. I am sure that you will be bombarded by letters and requests in this matter and I ask that you consider each on its own merits. Thank You for your time and interest. Please feel free to contact me at the numbers above if you need any additional information. Sincereley, Gene P. Koepfler N • is PO Box 1980 Winchester, Virginia 22604 703/665-9100 November 7, 1994 County of Frederick Department of Planning and Development Winchester, Va To Whom It May Concern: E]American Woocimark Corporatkmr I am writing this letter to voice my STRONG opposition to the rezoning application #008-94 to rezone 2.81 acres from RP to B2. This property is directly across from my home, which is now on the market to be sold. When I bought this property, I was specifically told that the property was to remain as a water runoff area for the neighborhood, and that it would never be built on. Since my home faces this property, the new view outside my front windows would be the rear of a business operation in the middle of a residential neighborhood. This is completely unacceptable. Had any of the home owners in Pembridge Heights been made aware of the possibility of that land being rezoned, then when could have made an informed decision regarding our purchase. With the property being so close to my home, it was a sincere concern of mine. However, I and many others, were reassured by the real estate agent of the use of that land, and that it was to remain untouched. For this very reason, our neighborhood will not accept this offer, and wholeheartedly urge you to deny this application. You may reach me at: 8304 Woodford Bridge Charlotte, NC 28216 Most Sincerely, � 1 Shannon Watson 131 Etnam St. Winchester, Va 22602 November 7, 1994 S. Blaine Wilson 3076E Shawnee Drive Winchester, VA. 22601 Dear Mr. Wilson, We ar writing to ask you to please consider against voting for the rezoning of the property at the beginning of our residential neighborhood of Pembridge Heights. All the young homeowners there with children are very concerned about the added traffic and the narrow entrance to the places of any business planned for that area. At this time, there are hazardous conditions that exist when you make the sharp turn off route 50 on to Custer and an even sharper turn to Pembridge Drive. We are concerned about the added traffic because there are 3 or 4 different school buses coming in to the area several times a day. Our personal concerns are mostly with the resale value of our home. We are retired and have planned on our daughters taking over our home in the future. I would ask you if you were faced with the same situation if you would welcome commercial zoning. I think not. Since you were absent at the Planning Commission meeting on Wednesday, November 2nd. , I am asking you to please vote for no rezoning of this area. Z:u ,�°- And Morris Shanhol z 308 Pembridge Drive Winchester, Va. 22602 a 0 PO Box 1980 Winchester, Virginia 22604 703/665-9100 November 7, 1994 County of Frederick Department of Planning and Development Winchester, Va To Whom It May Concem: American Woodmark Corporation' I am writing this letter to voice my STRONG opposition to the rezoning application #008-94 to rezone 2.81 acres from RP to B2. This property is directly across from my home, which is now on the market to be sold. When I bought this property, I was specifically told that the property was to remain as a water -anoff area for the neighborhood, and that it would never be built on. Since my home faces this property, the new view outside my front windows would be the rear of a business operation in the middle of a residential neighborhood. This is completely unacceptable. Had any of the home owners in Pembridge Heights been made aware of the possibility of that land being rezoned, then when could have made an informed decision regarding our purchase. With the property being so close to my home, it was a sincere concern of mine. However, I and many others, were reassured by the real estate agent of the use of that land, and that it was to remain untouched. For this very reason, our neighborhood will not accept this offer, and wholeheartedly urge you to deny this application. You may reach me at: 8304 Woodford Bridge Charlotte, NC 28216 Most Sincerely, i Shannon Watson 131 Emam St. Winchester, Va 22602 COUNTY of FREDERICK Department of Planning and Development ti 61 1819 703 / 665-5651 LL J Fax 703 / 678-0682 >g W ace z U October 19, 1994 L o The Application of: JAMES CARRO T Rezoning -Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and idenitified as PIN #64A-4-20A. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 2, 1994. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tie ey, AICP Deputy Director KCT/dc 9 North LOL 101111 Surd P.O. Box 601 Winchester, VA 22601 Winchester, VA 22004 October 31, 1994 Frederick County Zoning Committee 9 Court Square Winchester, Va 22601 Dear Committee Members, I am writing this letter to express both mine and my husband's strong opposition to the request for Rezoning the property located at the front of Pembridge Heights subdivision f •onr residential to business. We are linable to attend the meeting being held November 2, 1994, and have asked one of our neighbors to present this on out- behalf. We strongly oppose the rezoning because it is not necessary. There could be no additional business located on that property that would be of benefit to any of the residents of Pembride Heights subdivision. As noted in the letter you sent to several property owners, this parcel of property that has applied for rezoning is located. 75 miles f •om Interstate 81. I have personally driven this section of highways on a daily basis for the past 4 112 years and can not give my personal support for ally additional business rezoning or building within that radius. At the present time, there are at least 4 major motels/hotels, 7 food service businesses„ 4 convience/gas station businesses, I major shopping center ( with numerous businesses that include a grocery store, department store, movie theater, furniture store, and more), 1 small shopping center, I bank, I car dealership, I motorcycle delarship, I church, a car wash and just recently added, the only entrance and exit f •orn the Corp of Engineers office complex. Why should the aproximately 300 to 400 homes located behind this business section have to contend with additional rezoning. There are few if any needs any of these residents would have that could not be met by the businesses ah•eady located within that .75 mile radius, and if one would only drive about the same distance once crossing over Interstate 81, they would encounter our major shopping mall, Wal Mart, Toys R Us, Lowes, Martins, numerous hotels/motels, numerous fast food restaurants, the City Park and a University, just to mention a few. We are all aware that there are many other businesses located within these areas. The traffic situation is already busy and dangerous for the main entrance to our subdivision. We have no turning lane provided into out- subdivision when headed North on 17150. One was recently constructed to turn into the Corp of Engineer entrancelexit, but that consideration was not given to our subdivision. The speed limit has been lowered since this summer to 35 mph, but I can guarantee that it is not heeded by ally of the Tractor Trailers and cars barreling towards the interstate. Please consider all of its who are residents, tax payers and citizens of Erederick County when making your decision on this rezoning request. We do not need, nor can we support any additional business rezoning around Pembridge Heights Subdivision. With all of these facts presented, we urge you to deny the rezoning request. Sincerely, Alison and Steve Mundy 124 Etnam Street Winchester, Va 22602 703-665-9667 Partial listing of Businesses located within . 75 mile radius of proposed Rezoning property at entrance to Pembridge Heights subdivision: HOTELSIMOTELS: FOOD SERVICES.• Travelodge Cracker Barrel Comfort Inn Fritters Holiday Inn Jimmy's at the Holiday Inn Super Eight Hardee's Chasson's Belle Starr Bagel Shop Chinese - Minute Wok GASICONVIENCE: Texaco Chevron Shell Exxon OTHER BUSINESSES: Delco Plaza: Food Lion (grocery), Movie Theater, Video Rental, Furniture Store, Department Store, Fitness Center, numerous small businesses Batik JoAnn Fabrics Harley Davidson GWMotors (car dealership) Big Lots Car Wash Church Entrance and Exit to Cotp. of Engineers office complex trederick County Public Schools 1415 Amherst Street Post Offloe Box 3508 Winchester, V1f91nla 22601-2708 I efephone: (703) 862-3888 — FAX (703) 722.2788 Adminlstfative Assles0nt to the Superintendent j� I i, j G�Ibert Cliffo d & Associates, Inc. 200 J1ort lCameron Street Winchest , Va. 2601 Att: St a Gyurigin � I October , 1994 Dear Ste is 1 I am in ;receipt of your request for rezoning comments to change 2,:8132 acr the fo0s from RP (residential) to B-2 (commercial) at Old Rou 11OWing localtion* north and adjacent to State Route 781 and Winchester. 50, approximately .75 miles east of the City of It is OU understanding the is for bui iness/ o me vial de a opmentroposad use of this property �!We have >o objection to the rezoning of this property as requested' I Sincerely, T omas Sullivan 4 Admin. Asst. to the Superintendent CC: R. TIpmas Malcolm, POPS October 1994 \ Dear Frederick County Planning Commission, We the following residents of Pembridge Heights Subdivision want to impress upon you our strong request for denial of Rezoning Application #008-94 that has been requested by lames Carroll for property he owns that is presently zoned residential and is requesting to rezone to business general. Our subdivision is located adjoining to this property and will impose upon the main entrance way into our subdivision. Traffic was already a problem for entrance and exit off of Custer Avenue onto HWY 50117 and with the addition of the Army Corp of Engineers office building and major trafficflow to and from HWY 81, we feel any additional business rezoning is unrealistic and unfair to all of the property owners and tax payers residing in the encompassing subdivisons. In addition this property adjoins directly to properties in the subdivision that are loca ed in a family neighborhood and will be directly impacted by any business addition located on this specific property. AS RESIDENTS OF FREDERICK COUNTY AND PEMBRIDGE HEIGHTS SUBDIVISION, WE MOST EMPHATICALLY ARE OPPOSED TO SAID REZONING REQUEST! sign re and residence address signature and residence address f � - signature and residence address signature and residence address signature and residence address signature and residence address residence address signature and residence address signatue and residence address signature and residence address sign a and residence address ,signature and residence address "Li alur residence address signature and r i ence address signature an sidence address suture a d residenress signature and residence address signature and residence address signature and residence address signature and residence address signature and residence ad ress sigiia re and rE V-\, & atu and r /I signature and re address address Cl(r, ot ii /tL, P6LIb CL�r • i 2- �-� � � z �l l?� 1,7 - - 1 5;-� - �--' signature and residence addr signature and res!=�- / 2, 7 ; 1tl// signaiurepnd r ' ' ence address 7 signature and residence address signature and residence address signature and residence address signature and residence address signature and residence address signature and residence address signature and residence address signature and residence address signature and residence address signature and residence address signature and residence address signature and residence address 0 • October 1994 Dear Frederick County Planning Commission, We the following residents of Pembridge Heights Subdivision want to impress upon you our strong request for denial of Rezoning �tpplication #008-94 that has been requested by James Carroll for property he owns that is presently zoned residential and is requesting to rezone to business general. Our subdivision is located adjoining to this property and will impose upon the main entrance way into our subdivision. Tragic was already a problem for entrance and exit off of Custer Avenue onto HWY 50117 and with the addition of the Army Corp of Engineers office building and major trafc flow to and from HWY 81, we feel any additional business rezoning is unrealistic and unfair to all of the property owners and tax payers residing in the encompassing subdivisons. In addition this property adjoins directly to properties in the subdivision that are located in a family neighborhood and will be directly impacted by any business addition located on this specific property. AS RESIDENTS OF FREDERICK COUNTY AND PEMBRIDGE HEIGHTS SUBDIVISION, WE MOST EMPHATICALLY ARE OPPOSED TO SAID REZONING REQUEST! signature and residence addre 4 signature and residence address 113 nn signature 4nd residence address 4 C�Ler �� ;r fat ���7 1 0 aaaress 1rw,i, residence address signature and residence address Lure and residence address cure and Aesidence address signatue and resi4en+e address (41 c _ Girt 2 7 0 0 1 C". Q signature d resider address signature and residence dd�ess /'o C��evi.? C t1ture and residence address si re and residencZadss 17 —4nature and residence ad s zd-,� --.,/ 10 6 signature and residence a ess r' siQrtbture and iisidence address signature and residence address (�IIAAMIMIL K 34 -c- signature and residence qdUressrAl {� n, signature d residence address '4 s�re and residence address si�mature and resi nce address signature 4d residence address 0 address t signature d residence address J - zp ih lL / S �F (A%Y signature and residence address %) 7 fN��rn S f /,,, - Z7 signature and residence a�ress I � X l 4- r I-- [ �` z - I2 signature and residence address gnature and residence address e- signature and residence address 4,� sign re d residence address signature and residence address lu Lsiature an='address signature and residence address M,� signature and residence address signature and residence r�- CSi� c,/� y signs a and residence Wddress c& \A) v�q signature an residence address ��V A j. . - r yL,—,, �� X i I a y C �'�� l,4 Sr r signature and residence address signature and residence address �ll/3( t ✓'� ,JCTmwl�ooa- signature and residence address signature and reside n o address ID-3 (-`T 4Ai A- eHc' s 6 dZ wgnatt re and residence address sbVrt and reside c ad r ss rig N, rA, (I igndiure and residence address signatz#e and reside a ess l°7S , -24(0ckz-�, signature an re deuce address ` 1.9- 4 41 signature and residence address Ck2� 1) D t5l-tld- signature and residence ad ess signature and residence address signature and rev'jdeitce address October 1994 Dear Frederick County Planning Commission, We the following residents of Pembridge Heights Subdivision want to impress upon you our strong request for denial of Rezoning Application #008-94 that has been requested by James Carroll for property he owns that is presently zoned residential and is requesting to rezone to business general. Our subdivision is located adjoining to this property and will impose upon the main entrance way into our subdivision. Traffic was already a problem for entrance and exit off of Custer Avenue onto HWY 50117 and with the addition of the Army Corp of Engineers office building and major trafc jlow to and from HWY 81, we feel any additional business rezoning is unrealistic and unfair to all of the property owners and tax payers residing in the encompassing subdivisoos. In addition this property adjoins directly to properties in the subdivision that are located in a family neighborhood and will be directly impacted by any business addition located on this specific property. AS RESIDENTS OF FREDERICK COUNTY AND MORIDGE HEIGHTS SUBDIVISION, WE MOST EMPHATICALLY ARE OPPOSED TO SAID REZONING REQUEST! signature and reside ce address 7 and resider address signature an �✓ r (sign lure and signature and signatue ence address /n-Y 4(2'� and residen ad`dres rnd residence address NAMPA.-AM W, 0 0 signature and residence address signatu,p6 and residence/add,es mature and residence address i !& �J 4-r. L4�L e ),—, signature and residence address ire and residence address ire and residence address �ionature d residence address signature 67d residence address n signature and residence address VA cl-40111/6100�- #kna:ure and residence address signature and residence address signature and residence address ta n / signature and residence dress signature and residence address r �� .G(V l._. �' ` �!�,��� �iy�`^`5 1 -% /•�!05 r.:.,; • ��' ��f; G;,': �� ° � �t;�P/`. G:`'9 .v;�C: o, signature and residence address -V� I 0 • October 199-4 Dear Frederick County Planning Commission, We the following residents of Pembridge Heights Subdivision want to impress upon you our strong request for denial of Rezoning Application #008- 4 that has been requested by James Carroll for property he owns that is presently zoned residential and is requesting to rezone to business general. Our subdivision is located adjoining to this property and will impose upon the main entrance way into our subdivision. Traffic was alreadv a problem for entrance and exit off of Custer Avenue onto HUT 50117 and with the addition of the Army Corp of Engineers office building and major traffic f low to and from HWY 81, we feel any additional business rezoning is unrealistic and unfair to all of the property owners and tax payers residing in the encompassing subdivisons. In addition this property adjoins directly to properties in the subdivision that are located in a family neighborhood and will be directly impacted by any business addition located on this specific property. AS RESIDENTS OF FREDERICK COUNTY AND PEMBRIDGE HEIGHTS SUBDIVISION, WE MOST EMPHATICALLY ARE OPPOSED TO SAID REZONING REQUEST! signature and residence address ate K;h9-0(AV l C4 - signature and residence address All ure card residence address D fi //\JC, si ture and residence a0ress sienatur and residence addr . s P � -- %,P 4 address signature and residence address signatue and residence address signature and r idenee address 1 signature an residence addre signature on residence address signature and esidence address signature and esidence address A�j ck l 3y signature and residence address signature and residence address -� signature ancLlrisidence address si ature and residence address signature and residence address 20 C si re and residence address signature an residence address signature ana residence aaaress -%'z*,-X /� r� signature and residence address signature and residence Wdress signature and resider ad ess G=�2�►'vv signature and res�denceladdress nn signature and sidence address signature and residence address signature and residence ddress U signature and residence address signature and residence address 6"14 T —1,:, LyT - signature and resider(ce address Jl Y- 10,E r%'l signature and residence address T4 signature and residence address signatu and residence address % signature and resi ddress signature andresidence ddress signature and re sid ce address "o r a re and residence address LtS Q44Y)AV .0)/- signature and residence address ` sign idence address s a an esid ce address -lk CI -A-- Fc- lvl'�/ r) �-L e- si ature6d residence address signature and residence ess signature and residence address signature and residence X,latx� signature and residence address )— JL LI'T signature and ad e LQ1 October 1994 Dear Frederick County Planning Commission, We the following residents of Pembridge Heights Subdivision want to impress upon you our strong request for denial of Rezoning Application #008-94 that has been requested by James Carroll for property he owns that is presently zoned residential and is requesting to rezone to business general. Our subdivision is located adjoining to this property and will impose upon the main entrance way into our subdivision. Traffic was already a problem for entrance and exit off of Custer Avenue onto HWY 50117 and with the addition of the Army Corp of Engineers office building and major traffic flow to and from HWY 81, we feel any additional business rezoning is unrealistic and unfair to all of the property owners and tax payers residing in the encompassing subdivisons. In addition this property adjoins directly to properties in the subdivision that are located in a family neighborhood and will be directly impacted by any business addition located on this specific property. AS RESIDENTS OF FREDERICK COUNTY AND MORIDC E HEIGHTS SUBDIVISION, WE MOST M1PHATICALLY ARE OPPOSED TO SAID REZONING REOUEST-T-� ,dnd re " ence ade e and residence c "7andresi I e and residence ailk �.WLt�1/3-�, C---) signature and residence address ,Sh (0` signature and residence address signature and residence address 'b0rr,l� � �M,./11..-— signatue and residence address J 0 i C& nm w C� � �-T C,��NcheS'�e, v", 14(��tc L0, (k\", C/ y C� ,VIG1.��cro l� 'AI�pl // �i l�, �L)� signature and re idenc address signature and residence addr ss signature and residence address A.2, signature and residence and residence address signature ana reslul-l— �••u• signre,and residence aaaress signature and residence address signature and residence address J / '7 signature and residen a address pie C /%!'Z27�6'0L - • • signature and reside ce a dress i� inature and residence address signature and residence address ,,e I and resizoqcA address ,e and resldence ad Tess v �t-1�'1 ,ten ►e and residence address signature and residence sir« ,PLC, :ZP,& '' Z 1 A ''�60;L- aa�o� I ys tv m r Z2� C / - / / ( 1221 1�� / -3� - 62:211- �01,� signature arXd esidence addres.- /72(odZ signature and residence address azure and residers address signature and residence address /-�y boll �tflc 5-/Il� l1 sign� re and residence address / ak f signallurf, and residence a dress signature;d re idence address 127 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 January 11, 1996 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of January 24, 1996. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:15 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/bah JAN 1996 ,�w RECEIVED Out.* WMIta 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 .77 NHS a" i JAN I I'M .; a MICHAEL WATSON B I ETNAM STREET \A/1\T('"F7QTCD 1/A nncnn NIXIE 30814 1 01/18/96 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD J I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/678-0682 January 11, 1996 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of. JAMES CARROLL Rezoning pplication #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of January 24, 1996. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:15 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, 1-7- -�-A4 Kris C. Tierney, AICP Deputy Director KCT/bah 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22901 me nk 7, -may .let JAN i 1.96 -;F, -, k, lit JAMES CARROLL P.O. BOX 3231 WINCBESTER, VA 22604 0 I January 11, 1996 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of January 24, 1996. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:15 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/bah 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was .led to the following on - I I - qLD from 4Department of Planning and De*pment, Frederick County, Virginia: JAMES CARROLL P.O. BOX 3231 WINCHESTER, VA 22604 SCOTT & PAIGE CLARK 104 PEMBRIDGE DRIVE WINCHESTER, VA 22602 ARNOLD & DOTTIE BARTLEY 1237 MILLWOOD PIKE WINCHESTER, VA 22602 EDWARD & KAY HUNT, JR. 130 ETNAM STREET WINCHESTER, VA 22602 JAMES CARROLL P.O. BOX 3214 WINCHESTER, VA 22604 EDWARD MILLER 3792 MELODY LANE HAGERSTOWN, MD 21740 SKYLINE GROUP, INC. P.O. BOX 193 FRONT ROYAL, VA 22630 JAMES HARMON 126 ETNAM STREET WINCHESTER, VA 22602 MICHAEL WATSON 131 ETNAM STREET WINCHESTER, VA 22602 JUNG CHUL SHIN 133 ETNAM STREET WINCHESTER, VA 22602 STEPHEN RHINDHART 106 PEMBRIDGE DRIVE WINCHESTER, VA 22602 Kris C. TTerey, D j Director Frederick County Dept of lanning �= _ - STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, datedA)nL l'(-�ry I h In has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of My commission expires on PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/678-0682 December 27, 1995 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. Subsequent to the Planning Commission's hearing and recommendation to the Board on this application, the applicant submitted a revised proffer statement which eliminates certain uses on the parcel to be rezoned. A copy of the revised proffer statement is enclosed for your review. These uses would normally be permitted within the B-2 (Business General) Zone. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of January 10, 1996. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:15 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, r Kris C. Tierney, AICP Deputy Director Attachment KCT/bah 107 North Kent Street • Winchester, Virginia 22601-5000 PROFFER (Revised) CARROLL REZONING REQUEST CASE NO. 008-94 I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B- 2 Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: L. The owner proffers that there shall be no entrance to the property on Etnam Street. 2. The owner proffers that there will be a total of no more than five (5) entrances for the property. 3. The owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. 4. The owner proffers that the property will not be use for the following B-2, Business General allowed uses: a. Electric, gas and other utility facilities b. Food stores c. Automotive dealers d. Miscellaneous repair services e. Golf driving ranges and miniature golf courses f. Membership organizations g. Self-service storage facilities h. Public utility distribution facilities Respectfully submitted, James H. Carroll, Onwer STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: by Date The foregoing instrument was acknowledged before me this day of December, 1995 My Commission Expires: Notary Public: This is to certify that he attached correspondence was sled to the following on 1a • a1.95 from 4 Department of Planning and De pment, Frederick Countv. Virginia: JAMES CARROLL P.O. BOX 3231 WINCHESTER, VA 22604 SCOTT & PAIGE CLARK 104 PEMBRIDGE DRIVE WINCHESTER, VA 22602 ARNOLD & DOTTIE BARTLEY 1237 MILLWOOD PIKE WINCHESTER, VA 22602 EDWARD & KAY HUNT, JR. 130 ETNAM STREET WINCHESTER, VA 22602 JAMES CARROLL P.O. BOX 3214 WINCHESTER, VA 22604 EDWARD MILLER 3792 MELODY LANE HAGERSTOWN, MD 21740 SKYLINE GROUP, INC. P.O. BOX 193 FRONT ROYAL, VA 22630 JAMES HARMON 126 ETNAM STREET WINCHESTER, VA 22602 MICHAEL WATSON 131 ETNAM STREET WINCHESTER, VA 22602 JUNG CHUL SHIN 133 ETNAM STREET WINCHESTER, VA 22602 STEPHEN RHINDHART 106 PEMBRIDGE DRIVE WINCHESTER, VA 22602 a Kris C. Tierney, Deputy Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Oiai Ono HaII , a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated �P(pf a� .19q �, has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this day of C)ecember- , A9 .3 My commission expires on Fehr uacq c-)B_ Iqq I NOTNOT4n PUBLIC r COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 December 27, 1995 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. Subsequent to the Planning Commission's hearing and recommendation to the Board on this application, the applicant submitted a revised proffer statement which eliminates certain uses on the parcel to be rezoned. A copy of the revised proffer statement is enclosed for your review. These uses would normally be permitted within the B-2 (Business General) Zone. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of January 10, 1996. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:15 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director Attachment KCT/bah 107 North Kent Street - Winchester, Virginia 22601-5000 PROFFER (Revised) CARROLL REZONING REQUEST CASE NO. 008-94 I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B- 2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The owner proffers that there shall be no entrance to, the property on Etnam Street. 2. The owner proffers that there will be a total of no more than five (5) entrances for the property. 3. The owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. 4. The owner proffers that the property will not be use for the following B-2, Business General allowed uses: a. Electric, gas and other utility facilities b. Food stores c. Automotive dealers d. Miscellaneous repair services e. Golf driving ranges and miniature golf courses f. Membership organizations g. Self-service storage facilities h. Public utility distribution facilities Respectfully submitted, James H. Carroll, Onwer Date STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of December, 1995 by My Commission Expires: Notary Public: COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 RECEIVED VER. OF AMIOW AND _qp""rk V nr _ b7t•l;a , JAMES CARROLL P.O. BOX 3231 WINCHESTER, VA 22604 NIXIE 3001 1 12/28/95 RETURN TO SENDER ATTEMPTED — NOT KNOWN UNABLE TO FORWARD 'N 0 December 27, 1995 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of. JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. Subsequent to the Planning Commission's hearing and recommendation to the Board on this application, the applicant submitted a revised proffer statement which eliminates certain uses on the parcel to be rezoned. A copy of the revised proffer statement is enclosed for your review. These uses would normally be permitted within the B-2 (Business General) Zone. This rezoning application will be considered by the Frederick County Board of Supervisors at their meeting of January 10, 1996. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:15 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director Attachment KCT/bah 107 North Kent Street - Winchester, Virginia 22601-5000 . N PROFFER (Revised) CARROLL REZONING REQUEST CASE NO. 008-94 I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B- 2 Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The owner proffers that there shall be no entrance to the property on Etnam Street. 2. The owner proffers that there will be a total of no more than five (5) entrances for the property. 3. The owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. 4. The owner proffers that the property will not be use for the following B-2, Business General allowed uses: a. Electric, gas and other utility facilities b. Food stores c. Automotive dealers d. Miscellaneous repair services e. Golf driving ranges and miniature golf courses f. Membership organizations g. Self-service storage facilities h. Public utility distribution facilities Respectfully submitted, James H. Carroll, Onwer Date STATE OF VIRGINIA, AT LARGE CITY OF WINCHESTER, To -wit: The foregoing instrument was acknowledged before me this day of December, 1995 by My Commission Expires: Notary Public: COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 ew, MICHAEL WATSON 131 ETNAM STREET W1NrT4FqTFR VA 9)C-,n' U.J. a S I AG E DEG27'95 V-�f � " h -C61k1Cn :::: 0 Im t! 14 *11, E Ft 67 40 N I A.L r- M Q Q.L L 1 4:? / &V / RETURN TO SENDER NOT DELIVBBLE �ABLE ATS ADDRESSED O FORWARD 11 11 lilt • COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 N0V2J6,;L'% I.3 ?714014 --_-- 5b/8 JOJJ MICHAEL WATSON 131 ETNAM STREET WINCHESTER, VIRGINIA 22602 A J 2 NIXIE 2049 1 li/25/95 Z42O�V` RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 678-0682 November 22, 1995 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNERS) The Application of JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of December 6, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 107 North Kent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 w, INO NADWSW 'S CARROLL to _kh 00 Ell' P.O. BOX 3231 — WINCHESTER, VIRGINIA 22604 tit 11Z il,� It ALI L N 0 V 2 0 3 M,TER 0 r � 0 tr COUNTY of FREDERICK i� Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 November 22, 1995 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of December 6, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 107 North Kent Street - Winchester, Virginia 22601-5000 • I COUNTY of EREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 678-0682 November 22, 1995 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of December 6, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, 7 Kris C. Tierney, AICP Deputy Director KCT/dc 107 North Kent Street o Winchester, Virginia 22601-5000 ;Chis is to certify tr the attache coniespondence w ailed to the following on WV(��}7QC' (ai dqq � fro e Department of Planning and llopment, Frederick County, Virginia: JAMES CARROLL P.O. BOX 3231 WINCHESTER, VIRGINIA 22604 SCOTT & PAIGE CLARK 104 PEMiBRIDGE DRIVE [,WINCHESTER, VIRGINIA 22602 ARNOLD & DOTTIE BARTLEY 1237 MILLWOOD PIKE WINCHESTER, VIRGINIA 22602 EDWARD & KAY HUNT JR. 130 ETNAM STREET WINCHESTER, VIRGINIA 22602 JAMS CARROLL P.O. BOX 3214 WINCHESTER, VIRGINIA 22604 EDWARD MILLER 3792 MELODY LANE HAGERSTOWN, MD. 21740 SKYLINE GROUP, INC. P.O. BOX 193 FRONT ROYAL, VIRGINIA 22630 ,TAMES HAR'MON 126 ETNAM STREET WINCHESTER, VIRGINIA 22602 MICHAEL WATSON 131 ETNAZ:: STREET WINCHESTER, VIRGINIA 22602 JUNG CHUL SHIN 133 ETNAM STREET WINCHESTER, VIRGINIA 22602 STEPHEN RHINDHART 106 PENBRIDGE DRIVE WINCHESTER, VIRGINIA 22602 1 Kris C. Tiern , puty for Frederick County'Dept.lanning STATE OF VIRGINIA COUNI OF FREDERICK O,j,, " 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 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this QC1 day of Y P \� 1� ,� "l elf C?� M commission expires on NOTARY PUBLIC i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/678-0682 October 18, 1995 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of. JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 1, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AIC Deputy Director KCT/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 On. �Fc�� 99s 41W yF '� 8 L 9 DAMES IIARMON ,,. ,,��gEET 1lU � G. -i 4 T WINCHESTER, VIRGINIA 22602 f'JI;<IF -054 1 S:.:f RETURN TO 5ENDER ATTEMPTED - NOT K'N0Hr1l UNABLE TO FORWARD .�F,..:..e�h:•fMM'M•.-W:.yy^'�#M4yaM�yy....r.... �.. IIII II IIIIIIIIIIIIIIIIII1IIIIIIIIIIIIII19111111111111111111111 • i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 March 22, 1995 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JAB DES CAR ROI-1- Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and idenitified as PIN #64A-4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of April 5, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 PLANNING COUNTY of FREDERICK 107 NORTH KENT STREET PO BOX 601 WINCHESTER VA 22601 JAMES CARROLL P.O. BOX 3231 WINCHESTER, VIRGINIA 22604 CARR231 22b043004 1194 03/24/95 FORWARDING TIME EXPIRED CARROLL pU BOX 331 STEPHENSON VA 22656-0337 RETURN TO SENDER - COUNTY of FREDERICI{ Department of Planning and Development 703/665-5651 FAX 703/678-0682 October 18, 1995 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 1, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Airy interested parties wishing to attend this meeting may do so. Sincerely, h1a . Kris C. Tierney, AIC Deputy Director KCT/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify t the attached correspondence w mailed to the following on �01� frof he Department of Planning and �elopment, Frederick County, Virginia! JAMES CARROLL P.O. BOX 3231 WINCHESTER, VIRGINIA 22604 & pAIGE CLAM SCOTT DRIVE 22602 104 PEriBRIDGVIRGINIA WINCHESTER, ARNOLD & DOTTIE BARTLEY 1237 14ILLWOOD PIKE WINCIIESTER, VIRIGNIA 22602 EDWARD & KAY HUNT JR. 130 ETNAM STREET WINCIIESTER, VIRIGNIA 22602 JAMES CARROLL P.O. BOX 3214 T.TTT\Tr'.NRRTRR. VIRGINIA 22604 EDWARD MILLER 3792 MELODY LANE HAGERSTOWN, MD. 21740 SKYLINE GROUP, INC. P.O. BOX 193 FRONT ROYAL, VIRGINIA 22630 JAMES HARMON 126 ETNAM STREET WINCHESTER, VIRGINIA 22602 MICHAEL WATSON 131 ETNAM STREET WINCHESTER, VIRGINIA 22602 JUNG CHUL SHIN 133 ETNAM STREET T.TTT\1r'HFSTER, CIRGINIA 22602 STEPHEN RHINDHARDT 106 PEMBRIDGE DRIVE WINCHESTER, VIRGINIA 22602 i C. ier , Depc or Fre _ric o ty D ut Planning STATE OF VIRGINIA COUNTY OF, FREDERICK I, (��%f /,'� ��c��,) , 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 ���s-�/J / S �has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this / day of My commission expires on NOTARY PUBLIC y �J • October 18, 1995 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 1, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AIC Deputy Director KCT/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 MICHAEL WATSON 131 ETNAM STREET WINCHESTER, VIRGINIA 22602 • WATS131 226022088 1794 10/20/95 FORWARDING TIME EXPIRED • WATSON'MICHAEL SHANNON 8304 WOODFORD BRIDGE DR CHARLOTTE NC 28216-9678 RETURN TO SENDER 41 • i COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703/ 678-0682 October 18, 1995 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JANMS CARROLL Rezoning Application 9008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and identified as PIN #64A- 4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 1, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, h� Kris C. Tierney, AIC Deputy Director KCT/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 COUNTY of FREDERICK Department of Planning & Development , �7,North Kent Street Wiiic>or: Virginia 22601 OP Pt pn,1E �c :l JAMES CARROLL P.O. BOX 3231 WINCHESTER, VIRGINIA 22604 111 1 1 1 11 1 ! I i I I I I I I I I I I I I I I I I I I I 5 I I I I ! I I I I I i f I 1 1! 11 ! I I I I I I i I I I I 0 0 0 March 22, 1995 COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 678-0682 TO THE APPLICANT(S) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and idenitified as PIN #64A-4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of April 5, 1995. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/dc 107 North Kent Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify the attached correspondence mailed to the following on MARCH 22, 1995 frog.. the Department of Planning and elopment, Frederick County, Virginia: SKYLINE GROUP, INC. JAMES CARROLL P.O. BOX 193 P.O. BOX 3231 FRONT ROYAL VIRGINIA 22630 WINCHESTER, VIRGINIA 22604 JAMES HARMON SCOTT & PAIGE CLARK 127 ETNAM STREET 104 PEMBRIDGE DRIVE WINCHESTER, VIRGINIA 22602 WINCHESTER, VIRGINIA 22602 ARNOLD & DOTTIE BARTLEY 1237 MILLWOOD PIKE WINCHESTER, V"I'•.GII1I . 22602 EDWARD & KAY HUNT JR. 130 ETNAM STREET WINCHESTER, VIRGINIA 22602 JAMES CARROLL P.O. BOX 3214 WINCHESTER, VIRGINIA 22604 EDWARD MILLER 3792 MELODY LANE HAGERSTOWN, MD. 21740 STATE OF VIRGINIA COUNTY OF FREDERICK I, RENEE' S. ARLOTTA MICHAEL WATSON 131 ETNAM STREET WINCHESTER, VIRGINIA 22602 JUNG CHUL SHIN 133 ETNAM STREET WINCHESTER, VIRGINIA 22602 STEPHEN RHINDHARDT 106 PEMBRIDGE DRIVE WINCHESTER, VIRGINIA 22602 Kr' . Tiern ep y Dire Frederick County D pt. of d5,inning , 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 MARCH 22, 1995 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 22 day of MARCH 1995 My commission expires on AUGUST 31, 1995 NOT r TA PUBL e COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 November 23, 1994 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and idenitified as PIN #64A-4-20A; 64A-10-A; 64A-10-B. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of December 7, 1994. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/de 9 North Loudoun Street Winchester, VA 22601 P.O. Box 601 Winchester, VA 22604 This is to certify at the attached correspondence mailed to the following on NOVEMBER 23, 1994frW the Department of Planning anJq;velopment, Frederick County, Virginia: 64A i.0 1 1.04 WATV-30N, HICHAE:L 91-1ANNON JAMES CARROLL 131 E-TNAM P.O. BOX 3231 WIN01HEC-11'E.R. VA WINCHESTER, 'VIRGINIA 22604 SCOTT & PAIGE CLARK 104 PEMBRIDGE DRIVE WINCHESTER, VIRGINIA 22602 ARNOLD & DOTTIE BARTLEY 1237 MILLWOOD PIKE WINCHESTER, VIRGINIA 22602 EDWARD & KAY HUNT JR. 130 ETNAm STREET WINCHESTER, VIRGINIA 22602 64A 4 +i. F, a YK)X 32J.4 WINCHE"I'TE:R1 VA 212604 64 A ii.3 MXLLEER, 1---'DWARD K. ET AILS 3792 ME:LODY LANE HAGER8TOWN, MD. 2-1740- 64 A 9KYLI-NF--: GROL)F', IN(% P. 0. BOX 193 F'R()NT RDYAL, VA. J-0 i. 3.83 HARMON, JAME.9 1. I-T 'N EiLAIZA) %r-.TH 1) 127 E.*TNAM 91* WINC,'Hr.8-TT--:R-. VA 22602- STATE OF ViKGINiA COUNTY OF FREDERICK 1, RENEE S. ARLOTTA 22602 64A 10 1 1-54' JAMIE pj(*)N(.� 133 E-TNAM WXNC1AE.9rj-p.K-, VA =t602-- 64A 1.0 1. 2 RHINE:F1ARD*Y*, CITEPHE:N W & T.IARDARA J f3F1Fk01YY* 106 DR, VA. 2260' 2 KeiA C. Tie6zuL& ,y�-,-D e p u �o t y--Dr FrLderick Coufity Dept <:�Planning , 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 C, A. foregoing, dated NOVEMBER 23, 1994 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 23 day of NOVEMBER ) 1994 . My commission expires on AUGUST 31- 1995 9/1 0 ,4107A , NOTARY PUBLIC �- I 01559--N4-51 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 October 19, 1994 TO THE APPLICANTS) AND /OR ADJOINING PROPERTY OWNER(S) The Application of: JAMES CARROLL Rezoning Application #008-94 to rezone 2.81 acres from RP (Residential Performance) to B2 (Business General). This property is located in the Shawnee District and idenitified as PIN #64A-4-20A. The directions to this property are as follows: From Interstate 81 approximately .75 miles east of the City of Winchester, turn left onto Custer Avenue, property is located at the intersection of Custer Avenue and Pembridge Road. This rezoning application will be considered by the Frederick County Planning Commission at their meeting of November 2, 1994. The meeting will be in the board room of the old Frederick County Courthouse, Winchester, Virginia, at 7:00 p.m. Any interested parties wishing to attend this meeting may do so. Sincerely, Kris C. Tierney, AICP Deputy Director KCT/de 9 North Loudoun Street Winchester, VA 22601 P.O. Box 601 Winchester, VA 22604 This is to certify trthe attached correspondence wmailed to the following on OCTOBER 19,1994 from a Department of Planninu and A1nnmPnt_ Frpaprirk County, Virginia: 64A 10 1 if)4I 'WATSON, ;M1(wHAE L 814ANNON 1.31 .E T'NAM 9, 1!RE:E:T SCOTT & PAIGE CLARK WINVHIE13'T'1„*.R, VA 104 PEMBRIDGE DRIVE WINCHESTER, VIRGINIA 22602 EDWARD & KAY HUNT JR. 130 ETNAM STREET WINCHESTER, VIRGINIA 22602 ARNOLD & DOTTIE BARTLEY 1237 MILLWOOD PIKE WINCHESTER, VIRGINIA 22602 64A 2 0ARROL.i..., , JAME S 'H . WTN0HIFS1*h:R, VA t„p E, 4 A 113 M I L..L..E:R' , E:1)WAR'D :K E:'T' ALAI '3792 MFIX.ODY LANE: HIAGE.Rw3TOWN, HD 24,740- 22602 •••• Ef4*A :i.« 1 1:;154 '. SHIN, ..1LING: �C',Hil.JL & ,;JAMXFK HONG i33 E:'T'NAM a3TRE:E7 wENCHES 1•E R, VA 22602 )4A i.n i '.'. RHINE:H1AFt7 1*. S T'E PHIE:N W & -VARVARA J C3hifrClUT J.()6 .F..E:Mr4 3A)GF_ DR WINC:HE:",.•TI*ER, VA. in. �. 1 V SKYLINE GROUP, IN(:' F.. O. BOX i9z FRONT ROYAL A V A „ 64A 'v) i iez" HARMON, .)AME':S 1. 11" & k':•:L..iCzA1-:3E:TH1 12'r E TNAM 91' WINC:HESTE:R, VA 2260, Kris C Tier eputy r - -- - Freder ck Count Dept. lanning 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 OCTOBER 19, 1994 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 19 day of OCTOBER My commission expires on AUGUST 31, 1995 NO TIAY PUBLIC/ 1994 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 WILLIAM H. BUSHMAN COMMISSIONER RESIDENT ENGINEER TELE(703)984-5600 FAX (703) 984-5607 VDOT COMMENTS TO REQUEST FOR REZONING - JAMES CARROLL PROPERTY LI : MA No objections to the rezoning of this property from RP to B-2. Commercial development of this property along with further development of the Prince Frederick Business Park on the south side of Route 50 could have a significant impact on the adjacent Route 50/781 intersection. Intersection improvements and possible signalization may be required to accommodate additional traffic. The upgrading of Route 781 from Route 50 may also be necessary. Prior to development a complete set of site plans which detail entrance designs, drainage improvements and trip generation from the I. T.E. Maintal, 41h EdW017 will be required for review. A storm water system will need to be provided to accommodate the existing drainage outfall ditch and easement which crosses the property. Any work performed on VDOT right-of-way must be covered under a land use permit. VDOT Signature and Date: xc: Mr. S. A. Melnikoff Mr. J. B. Diamond (FYI) t . C..' -ldie �.. s--• 09/28/94 TRANSPORTATION FOR THE 21 ST CENTURY 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 Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: ✓ 2G� �/ � '.2oLL 71�3 - &&7 -2/3q Name of development and/or description of the request: Location: Ew6':- 6� x2 ;zr - 181- -' Va. Dept. of Transportation Comments: See attached VDOT Comments dated 09/28/94. VDOT Signature and Date: A• (NOTICE TO RESIDENT APPLICANT.) cJ•//.9/z?, ENGINEER*PLL'A/SE RETURN THIS FORM TO 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, proffer statement, and all other pertinent information 21 n REQUEST FOR REZONING COMMENTS Frederick County Sanitation Authority Attn: Engineer Director P.O. Box 618 Winchester, Virginia 22604 (703) 665-5690 The Frederick County Sanitation Authority is located on Route 522 South, at 199 Front Royal Pike, 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: - �i Location: Sanitation Authority Comments: 1%O C D,e-x# /,&:-/jiT' - W4 7*',f 4 5.F W164 4e Y�1Z1X 14416, Sanitation Authority Signature & Date: ��, v �7�%� �+� 19f (NOTICE TO SANITATION AU RITY * RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy ol' your application form, location map, proffer statement, impact analysis, and any other pertinent information. 26 i COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 0923941672 Date Received 092394 Date Reviewed 100394 Applicant Name G. W. Clifford & Assoc. Address 200 N. Cameron Street Winchester, VA 22601 Project Name Carroll Rezoning Phone No. 703-667-2139 Type of Application Rezoning Current Zoning 1st Due Fire Co. 18 1st Due Rescue Co. 18 Election District Shawnee RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System X Other Emergency Vehicle Access; Adequate Inadequate Not Identified X Fire Lanes Required; Yes X No Comments Hydrants must all be on designated fire lane. Roadway/Aisleway Widths; Adequate Inadequate Not Identified X Special Hazards Noted; Yes No X Comments - Continued - 0 Hydrant Locations; See Notes Adequate Inadequate Siamese Connection Location; Approved Not Approved Not Identified X Not Identified X Additional Comments: 1) Will address specific fire dept. issues on site plan. 2) Applicant should address fire and rescue impacts based on County's computer model available from Planning Dept staff . Revi w Time .5 hr Douglas A. Kiracofe Fire Marshal 0 0 REQUEST FOR REZONING COMMENTS Name of Fire and Rescue Squad, address and phone number: /0D. Applicant's name, address and phone number: -Z13 7 Name of development and/or description of the request: %�=fir✓/rt/� ���i� 7� ��i�/� Z �/3z �� ) /-0 , Location: Fire and Rescue Squad Comments: z — - xa ;'ice r�o , > ZAA LLD �� " �t i�Lr��cl-�� r%�2. ,I / Zoo �Ima k, o qba� -/,V-0,m e,�e /& C L, LA Fir Rescue Signature -Ad Date J (NOTICE TO SQUAD - PLEASE kETURN 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 application, location map, proffer statement, impact analysis, results of County Capital Facilties Impact Model run, and any other a pertinent information. 33 0 REQUEST 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 Winehester-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: 1200 /� G�C�G�J cST. !/✓/r�C��7A' lift Z ZED Name of development and/or description of the request: �E�ic//rt/lo e1��% i erOpyu_ �� /-z:) Location: � G�'✓ �y/� �8/ �i Attorney Comments: Attorney Signature and Date: (NOTICE TO ATTORNEY * P de-t m ASXRETURN 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, proffer statement, location map and all other pertinent information. 20 0 0 REQUEST FOR REZONING COMMENTS Frederick County Parks and Recreation Department Attn: Director of Parks and Recreation P.O. Box 601 Winchester, Virginia 22604 (703) 665-5678 The Frederick County Parks and Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square 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: A v / Parks & Recreation Dept. Comments: ;,> Parks Signature and Date: C JIZI0/"--1---�, ';P ;2 (NOTICE TO PARKS - PLFi SE RETURN THIS FORM TO THE APPLIC T (/ NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, proffer statement, impact analysis, results of County Capital Facilities Impact Model run, and any other pertinent information. 24 9 • REQUEST FOR REZONING COMMENTS Frederick County Public Works Department Attn: Director of Public Works P.O. Box 601 Winchester, Virginia 22604 (703) 665-5643 The Frederick County Public Works Department is located at 9 North Loudoun Street, 2nd Floor of the Hammon Building in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: I-- 7// C'�� 703 -&2& 7- Z/ 3 9 Roo //(/ e�W4� a?2v: Name of development and/or description of the request: X ZOI-VIIJlo Location: �i✓G��i� �7 ,� mil. �,�-� � �yr� � Engineers Comments: _yIe have no comments at this time. However, we reserve the right to perform a detailed review at the time of a site plan submittal. Engineers Signature & Date: (NOTICE TO COUNTY ENGINEER*PLEASE RETURN THIS F04M TO APPLIC T) 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 two copies of your plans and/or application form, location map, proffer statement, impact analysis, and any other pertinent information. 22 0 06 COUNTY of FREDERICK Office of Treasurer P.O. Box 225 Winchester, Virginia 22604-0225 703/665-5607 FAX 703/662-5838 C. William Orndoff, Jr., CGT County Treasurer October 7, 1994 Mr. Stephen Gyurisin 523 N. Braddock St. Winchester, VA 22601 RE: James H Carroll 64A 4 20A Dear Steve: Judith K. Malone Deputy Treasurer R. Wayne Corbett, CGDT Deputy Treasurer for Compliance The above referenced property taxes are paid in full through June 5, 1994. Should I be of any further assistance, please do not hesitate contacting me. Sincerely yours, C. Willia rndoff,Jr., Treasurer CWo/jkm • A • 0 43 �/ nt lu N 107 1L N �£ ��--• PE"/"16R/fX;E DEC'/vim �' ccJ..;r - 102,5: ; %ir i, iL 6/Sss' � u W s- �, � "0 . t- L 7 _t - - ` v I PEJ��BR/DC�E Fr- AT• U � 7 j�.� •.. ... , IzIGI-i7"s -RwAsE I S1IAW/1/EE cys7--R/CT • Fi�'EOE'�C/C/`� COUNiY V//eG//V/� sytPto b,: c:tJiu.+�1 k, v DT PACIULLI, SIMMONS, & ASSOCIATES, LTD. 305 S. Harrison Street, SURC 200, Lce-b!jurC, Virninl: 22075 '70J-777-:7C:, ' 173-015 l•ttc,Jit�l�r�r',.I•'I,Itt�tt'�-'. `;tir,t�,�liti L-� 0 0K7U1)FG301 V� TILLS DEFT, made this 9th day of February, 1989, by and between FiMNITELL, INC., TF3JSi'EE ("Grantor") and James H. CARROLL ( "Grantee") . 1 j WI714ESSEIIi: That for and in consideration of Ten Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor does hereby grant, bargain, sell " convey, with General Warranty w-d D)glidh Covenants of Title unto James H. CARROLL, all that certain lot or parcel of land, situate and Virginia, aril be more particularly described as be in Frederick county, irg ins part Y � tj' follows: _ J Parcel A and Parcel B as shown on a plat prepared by Pacilli, Sinmrts b Associates, LID dated October 4, 1988 and recorded in Deed Book , at Page 's, in the land records of Frederick County, Virginia. _ w7 r' AND BEDIG A PORTION of the same property acquired by Grantor by Deed dated September 26, 1988, and recorded in Deed Book 695, Page 915 in the lam ,. rocorcis of Frederick County, Virginia. This conveyanoo is made subject to conditions, valid restrictions and rights of way of record. IN WMIFSS YHUWF, Seller has caused this Dead to be executed by a corporate officer, as of tho date first set forth above. fib, INC., TRdJSTSE By: 6,t,�-,6A �. e--4-4, STItT•E OF Virginia O=M OF Loudoun, to -wit: The foregoing^'tnmtes� acknowledged be - re February, 1989, byd4l)414 as BM,aIELL, INC., T=IU, , on = f of corporat o My co mniss ion Expires - I Not Consideration: $ ��5, OCO r u Tax clap Reference No. - Mailing Address of Purchaser: VIRGINIA: FREDERICK COUNTY, SCT. instr un ent of Wrltllt ;was produced to me on the and With c�'; :' '': of acl'lrcwled�±menl t�terttlo a54.1 of Yeas admiticI iJ ��:erJ. Tax imposed L"i $or... 54.1 of anJ 58-54 have been {)3i:; , if assessable. CLERK Page 1 his 9 day of ' of REIU;V TO: LAW OFFICES WOOLi N W. TUMM, JR. T8800058 jlc If uK71)GPG302 THIS DEED OF DEDICATION AND EASEMENT is made this L' el:1y r,f February, 1909, by Jamey Il. CARROLL and Het.Ly H. CAPPOIJ., 11u,,h.ln11 .1r11 wife, both jointly and individually, by Michael L. CARROI,I„ their Attorney - in - Fact (hereinafter "Grantor"1, and Lhe Vil(GINIA 111•'I'A1t'IMEN'r /•� OF TRANSPORTATION (here• i it., f t e•r "VI)'I'" ) . 1 W 1 '1' N E: S S E 'r II WHEREAS, Grantor is t he owner of Lh:lt. ett-ta in t r act or p., rl•e I r,f land situate, lyint'l and llc•incl in Shawnees Magiml.er.ial Dimt.riet , Frederick County, Virginia, and mu re particularly de•.uc•rikwd am having a North boundary line, on Virginia ltuuLc. 701 and old HouLe 50, .1nd containincl 2.120 ac�re►-1, roccre or loss, (herein:.lftcr LhN "1)rcil•#•rt y" 1 , and being the same prtgwrl y acclui red by Lhe CranLur and she.cwn un I hat. certain plat and survey made by if. Bruce Edens, C.L.S. dated April 20, 1972, recorded at Deed Bouk 622, Page 300, among Lhe land recurclsc of Frederick County, Virginia; a1►d WHEREAS, it is the desire of the Grantor to dedie:atc for public street: purposes a portion of the Property being a strip of 1.md 50.76 feet wide, more or less, and I IIv*I bell weell I lie! VI r-11111.1 S1 .111• It'1111 I- 761 and properLy ad joining the prclper•t y on L11e Weer! It, ,.I id 0 rip being inure particularly shown on t.h.e plat prejured by 11.1c-111111, Simmons & Associates, Ltd., C.L.S., dated October 4, 19118 aLt•;tCl,e•d r,, this deed and made a !cart Ilereut (hereinafter Lhee "I.,lal."); NOW, THEREFORE. THIS DEED W1'rNESSETII: that for good .md valu.lble consideration, the receipt and Rufficioncy of which iR here -by acknowledged, (;ranlor cic,(rs hereby clrariL, bargain :itid r Pnve•y Lc, VI)T and declioat:e for public Ht reet purpOKes that, pccrLiorl of I.1w Pvtqrl y set forth on the aLtachod and incorporated p1:1L WITNESS THE NOIJ.UWING SIGNA`JF�h��.SJ�Nf)�SILc�,�:/1 L }} J:1nu•R ll . Cr1Y ru l l , by M i ch.1e l Carroll, his ALttorrnney-/in-Fact / l'- Betty IF. Carroll, by Michael L. Carroll, her Attorney -in -Fact � � 1 I� 0K70Grc383 COMMONWEALTH OF V1IW1N1A-(I-, "` uJ' -GQQNTY/CITY OF 'Silkj_c J � ri �l l 4 Acknowledged before me this •7��� � day of February, 19139, by James H. Carroll by his Attorney -in -Fact, Michael L. Carroll. Notary hublic My Commissiun Expires: o C1,1 l.� �':, 0 r0 COMMONWEALTII OF VIRGINIA I 0-k COUNTY/CITY OF Acknowledged before me this �day of February, 19n9, by Betty H. Carroll by her Attorney -in -Fact, Michael L. Carroll. Notary Public Pubtl is l Commission Expires: /r ��`>► 1r� \� MY C F' V�� ►��� gilbert w. clifford & associates, inc. 200 N.Cameron Street Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 TO: Winchester, Virginia 22601 1 WE ARE SENDING YOU HAND DELIVERED ❑ SHOP DRAWINGS COPY OF LETTER x7 ATTACHED ❑ CHANGE ORDER ❑ PRINTS ❑ PLATS LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 10/7/94 9509 ATTENTION Kris Tierney RE: C'arrnll Ra7.nnino, - Rt_ .r;n Fact ❑ UNDER SEPARATE ❑ THE FOLLOWING ITEMS ❑ SAMPLES ❑ SPECIFICATIONS ❑ PLANS 7 OTHER COPIES DATE DESCRIPTION 1 10/94 Rezoning Application - James H. Carroll - Rt. 50 East (Application Form, Location Map, Plat, Deed, Tax Statement, Ad Impact Analvsis, Proffer Statement, comment Sheets, Fees ($860.0 ❑ ARE TRANSMITTED ❑ APPROVED/SUBMITTED ❑ RESUBMIT__ FOR APPROVAL ❑ FOR APPROVAL ❑ APPROVED/AS NOTED ❑ SUBMIT___ FOR DISTRIBUTION ❑ FOR YOUR USE ❑ RETURN/CORRECTIONS ❑ RETURNED_ CORRECTED PRINTS ❑ AS REQUESTED ElLOAN PRINT/RETURN ❑ FOR REVIEW or COMMENT ❑ RETURN/WITH SIGNATURES ❑ FOR BIDS DUE ------------ 19___ REMARKS Kris, Please call me about impact model fees for this project. Thank you! COPY TO: SIGNED 6. PREVIOUS ZONING R4JIEW COMMENTS - JULY 1990 IL REZONING APPLICATION #001.-90 JAMES H. CARROLL Rezone 2.0132 Acres from RP (Residential Performance) tO D-2 (Business, General) LOCATION: North and adjacent to State RQ'Ute 761 and Old Rdute 5o, approximately .75 miles east of the City of Winchester. MAGISTERIAL DISTRICT: Shawnee ADJACENT LAND USE AND ZONING: Single-family dwellings and vacant land zoned RP (Residential Performance). RR0P9$ED USE AND IMPROVEMENTS; Business/Commercial REVIEW EVALUATIONS: Virginia Dept. of Transportatj , - No of this property. Before developmentobjection to rezQnin , VpOT will require a complete set of construction plans detailing entrance designs, drainage features, and traffic tlQw data from the ITE Trip Generation Manual, Fourth Edition for review. Prior to any work on the State's right-of-way, a land use permit must be applied for and issued by my office which requires an inspection fee and surety bond Coverage. Please be reminded that a storm water system will need to be designed to accomodate the existing drainage outfali ditch and easement across the property. ganitation Auth' "' Both water and sewer are available on Etnam Street and run parallel to Parcel B. Water and sewer capacity is available. Health Departme]�Lt - No objection as long as property is served by central water and sewage facilities. Winchester Regional Airport - Comments Attached. Frederick County Fira Marshall - No problem with rezoning of this property as requested; development after rezoning will require study of available water to see that planned needs are met. 1nsoections Department - This request for rezoning approval, shall comply with the BOCA National Building Code, 1987. The 2 use group will be determined at time of plans review. Plannipq & Zoning - The following issues should be considered: Location - The site is located in the Urban Development Area. The site is in the immediate vicinity of the Route 50 corridor. B-2 zoning and business zoning are located across Route 50, The Pembri.dge Heights development is immediately adjacent to the north. site Suitability - The site is relatively level with at least one drainage swale through the site. Route 781 provides relatively good access to the site. The site has residential uses adjoining can several sides. Buffers at a minimum of 50 feet deep will be required on several sides. Suffioi,ent depth and width is available to provide for buffers and setbacks. Potential Impacts - Approximately two acres of land will be available for development outside of buffers and setbaoks. The estimated 16,500 square feet of retail space is probably appropriate. The staff continues to strongly disagree with Clifford & Associates' contention that retail uses do not generate trips. Retail uses always generate substantial traffic on surrounding roads. Standard methods to evaluate traffic impacts involve estimating the total number of trips that will enter and leave the site after development. To determine the actual impact, these trip generation factors can be adjusted to account for trips that would otherwise be passing the site but that are "captured" by the use in question. However, this kind of adjustment depends on the use and does not result in the kind of estimate of negligible impact that the applicant has provided. The basic assumptions of the applicant's traffic analysis are erroneous." The staff would project that the site will generate over 21000 average daily trips after development. Under RP zoning, the site might generate as many as 200 average daily trips. The staff would project a definite traffic impact resulting from the rezoning. These impacts will be accompanied by the similar traffic impacts from Pembridge Heights. The primary traffic impacts of concern will be on the intersection of Route 781 and Route 50. A crossover exists at this site. Turning lanes and a traffic signal on Route 50 may eventually be needed to accommodate development on 781. Necessary improvements on Route 781 will involve a minimal distance. 3 J 1 Drainage from this site will primarily be towards Route 50. Drainage Impacts will probably be minimal. There is a potential for impacts on the Pembridge Heights development. Intensive buffers and screens will need to be used. The applicant has proffered that there will be no entrances can Etnam Street in Pembridge Heights. This will help avoid impacts on the residences. Conclusions -- Route 50 in the vicinity of this site is a major multi -lane highway and commercial corridor. A business use for this site would appear to be appropriate as Long as impacts on Pembridge Heights are avoided.--CQRern should be expressed for potential traffic impacts. on the i.riters of Routes 781 and 50 and for the need for future intersection improvements. STAFF RECOMMEApproval, with the acceptance of proffers. gilbert w. clifford & assocOes, inc. 200 N.Cameron Street Winchester, Virginia 22601 540-667-2139 Fax: 540-665-0493 TO WE ARE SENDING YOU HAND DELIVERED SHOP DRAWINGS COPY OF LETTER X 1 ATTACHED CHANGE ORDER ❑ PRINTS ❑ PLATS • LETTER OF TRANSMITTAL PRESENT DATE IJOB NO. 9/8/95 ATTENTION Mr. Kris Tierney RE: CnrrnlI Mq,-for Plan UNDER SEPARATE THE FOLLOWING ITEMS SAMPLES SPECIFICATIONS X❑ PLANS ❑ OTHER COPIES DATE DESCRIPTION 2 Master Development Plan X❑ ARE TRANSMITTED APPROVED/SUBMITTED ❑ RESUBMIT___ FOR APPROVAL FOR APPROVAL APPROVED/AS NOTED SUBMIT_ _ FOR DISTRIBUTION FOR YOUR USE ❑ RETURN/CORRECTIONS RETURNED CORRECTED PRINTS AS REQUESTED ❑ LOAN PRINT/RETURN © FOR REVIEW or COMMENT ❑ RETURN/WITH SIGNATURES FOR BIDS DUE _ _ 19 REMARKS Kris, Please review and comment. This plan has been reviewed by all other review agencies except yours. Thanks. COPY TO: SIGNED Stephen M. Gvurisin r '- REV. 2.0 rZj �C; Q� o ilber g t w. Clifford & associates, inc. 200 N.Cameron Street Winchester, Virginia 22601 703-667-2139 Fax: 703-66S-0493 9 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. ATTENTION RE: WEARE SENDING YOU HAND DELIVERED SHOP DRAWINGS COPY OF LETTER © ATTACHED UNDER SEPARATE ❑ CHANGE ORDER SAMPLES ❑ PRINTS ❑ PLANS ❑ PLATS VIA THE FOLLOWING ITEMS El SPECIFICATIONS - OTHER COPIES DAT DESCRIPTION ,ARE TRANSMITTED FOR APPROVAL FOR YOUR USE APPROVED/SUBMITTED APPROVED/AS NOTED RETURN/CORRECTIONS El El RESUBMITFOR APPROVAL SUBMITFOR DISTRIBUTION RETURNED CORRECTED PRINTS - AS REQUESTED El LOAN PRINT/RETURN FOR REVIEW or COMMENT El RETURN/WITH SIGNATURES El FOR BIDS DUE REMARKS COPY TO SIGNED i REV. 2.0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff`: Zoning Amendment Number Date Received `L .--1 BOS Hearing Date I PC Hearing Date l \ - Z The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 23 Court Square, Winchester. 1. Applicant: Name: James H. Carroll c/o Stephen Cyurisin Address: -filbert d- Cliffora & Associates. Inc. 200 J. Cameron Street, Winchester, VA 22601 Telephone: 703- , 67-2139 Fax: 665-0493 2. Representative: Name: Lia::ie As Above Telephone: 3. Owner: Name: James H. Carroll c/o Stephen M. .:yurisin Address: _ filbert W . Cliffora 6: Assoc., Inc. 200 N. Cameron Street Winchester. VA 22001 Telephone: 't 03-667-2139 12 do IL ADJOINING PROPERTY OWNERS Owners of property adjoining the land proposed to be rezoned will be notified of the public hearing. For the purposes of this application, adjoining property is any property abutting the requested property or any property directly across a road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 14-digit property identification number which may be obtained from the Office of the Commissioner of Revenue, Real Estate Department. Name Address and Property Identification 1. Address: 3792 Melody Lane Hagerstown, MD Euwar:: t.. Miller, Et Al Property ID: �4000-A00-0000-u1130 2. Address:-ftt-.-6-, box-.-203 1)3) M i 11WO(�t',l ""A ' E J. & Lottie Bartley Winchester VA 226i.1. 6-z�-Arnoli 1,C�Property Anvcll� ID: 64A00-001t-Ou,00-O62 3. Address: 355 South RAo:i:ac Street i+inchester Lutdoor Hagerstown, ti 41�10 Advert.isinZ Corp. Property ID:64000-AOO-0000-001 0 Address: 130 Etna,; -,•wive �a �. r �� r �N �� 1; Ldwar:: F . , J r . & r:ay L . Hunt �i inch` s ter , VA 10 - PropertyID: (CIA'-0010a 001-20A`] /p Address: 127 Etnam Drive James L., III & i-lizabeth D. Winchester, VA 22602 Harman Property ID: 64A-0:. 10-0001-183 6• Address: 131 Etnam 1;rive P;ichael & Shannon Watson Winchester, VA 22602 Property ID: 64A-0010-0001-184 Address: 133 Etnam i,rive Jung Chul & Jamie Hong Shin Winchester, '/'� 22602 Property ID: 64i{-0()10-0:,01-1 54 $• Address: 104 enbri�lge ]-rive Scott R. & Paige T. Clark Winchester, VA 22602 Property ID: 64A-0010-0001-001 9. Address: 106 Pe. bridge Drive Stephen W. Rhinehardt Winchester, VA 22602 Properly II):64A-001(:-0001-002 PROFFER (Revised) C ,1t..�� �.- CARROLL REZONING REQUEST E5 _ J CASE NO.008-94 r I, the undersigned, JAMES H. CARROLL sole owner of the land to be rezoned under zoning request number 008-94, referred to as the Carroll Rezoning and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns, and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 (Business General) and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There shall be no entrance to the property on Etnam Street. 2. There will be a total of no more than five (5) entrances for the property. 3. The Owner proffers a payment shall be made to the County for emergency services in the amount of $1,950.00, said payment to be made at time of building permit issuance by the County. James H. Carroll Date PEMBRIDGE HEIGHTS PHASE I w 55 ', 9.00 R ETNAM STREET S 70'l636_-10!�74• M�~ 1 P ARCE`SQ• Ft. -- —N 7436'37' W -- —_ 2,gg' -- 1 i i h N eG C. i Fr- 5�; �o95gAC. WI • i O Z i i 265.79' N 75W*29" W -- — — — — 365.5C• PROFFER P� CARROLL REZONING RE UEST CASE NO. I, the undersigned sole owner of land to be rezoned the above rezoning request and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There will be no entrance to the property on Etnam Street. 2. There will be a total of no more than five (5) entrances for the property. JAMES H. CARROLL Gilbert W. Clifford and Associates 200 N. Cameron Street 4. PROFFER STATEMENT Winchester, Virginia, 22601 703-667-2139 PEMBRIDGE HEIGHTS PHASE I t R ETNAM STREET \ (50' R/yy) 3p 54P 51;9 c- r _ 265.79' --- -- -N 75W'2r W ----- - --- 365.50' PROFFER CARROLL REZONING REQUEST CASE NO. I, the undersigned sole owner of land to be rezoned the above rezoning request and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. There will be no entrance to the property on Etnam Street. 2. There will be a total of no more than five (5) entrances for the property. JAMES H. CARROLL Gilbert W. Clifford and Associates 200 N. Cameron Street 4. PROFFER STATEMENT Winchester, Virginia, 22601 703-667-2139 +: w Anon 4f tin.. .. {�j9��� , 1 � � per'• �,� � 1 I*ky •rat «` _ r i � CAFAOI, R�z• a08- ?V