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Home My WebLink About001-92 John & Jane McAllister - RP to B2 - Opequon District - Backfile (2)RECEIPT AMOUNT DUE s . AMOUNT PAID $ 1 " 1 PAID BY CASH � CHECK OTHER FEDEr ICE ', <°IING AND DEVELOPMENT K 0. BOX 601, 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 RECEIVE[ ADDRESS THE SUM FOR -_ /! 1 " V i 1/ / 7{ A J i /` v DATE DAYTIMERSRE-ORDER No. 3221—P-ted in USA / q 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 ✓ County Attorney ✓ Co. Engineer 2. Application form 6. Taxes paid statement 3. Location Map 7. Sign received 4. Survey 8. Fees paid 5. Deed 9. Impact statement 10. ✓ Proffer statement TRACKING Date f-9-y.2Application Received 7-f4.7, Fees paid (Amount , 00 ) Q;2- Adjoiner notifications mailed for PC public hearing -SQ;P, Rezoning heard by PC (Action ) Memo to BOS re: date for public hearing Adjoiner notification mailed for BOS public hearing }� Rezoning heard by BOS (Action ) -/7-f Ordinance of amendment with conditions proffered prepared for County Administrator's signature &-06-9z Zoning map amended Rezoning records updated I September 11, 1991 G. W. Clifford & Associates Attn: Mr. Ron Mislowsky 200 North Cameron Street Winchester, VA 22601 Dear Ron: COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703/678-0682 This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 9, 1992. Rezoning application #001-92 of John and Jane McAllister was approved to rezone 2.0 acres from RP (Residential Performance) to B-2 (Business General) for uses as allowed in this zoning district. This property is located north of State Roue 277, west and adjacent to Warrior Road, east of Stephens City and 1750'± east of State Roue 641, approximately 1.75 miles east of I-81, in the Opequon District, and is identified as GPIN 860000A0001020. Please do not hesitate to call if you have any questions regarding this approval. Sincerely, Kris C. Tierney Deputy Director KCT/slk cc: Dr. John E. and Jane McAllister 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 i • AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission August 5 1992 Board of Supervisors September 9 1992 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #001-92 of JOHN & JANE MCALLISTER WHEREAS, Rezoning application #001-92 of John and Jane McAllister to rezone 2.0 acres from RP (Residential Performance) to B-2 (Business General) located north of State Route 277, east of Stephens City and 1750' + east of State Route 641, in the Opequon District, and identified as GPIN 860000A0001020. WHEREAS, the Planning Commission held a public hearing on this application on August 5, 1992; and WHEREAS, the Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on September 9, 1992; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 2.0 acres from RP (Residential Performance) to B-2 (Business General) located north and adjacent to State Route 277, east of Stephens City and 1750' + east of State Route 641, in the Opequon District, and identified as GPIN 86000OA0001020 as described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: E • G. W. CLIFFORD & ASSOCIATES, INC. 200 North Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 .. V. VILLAGE AT SHERANDO REZONING REQUEST CASE NO. d° � ' 9a, We, the undersigned, Dr. John E. and June McAllister, sole owners of the land to be rezoned under zoning request number 000i.-qSU. referred to as the Village at Sherando 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 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 owners will bear the cost of engineering and design for the portion of Warrior Road that must be relocated to enter the Frederick County Park and Recreation Department Property. This will move Warrior Road to the east to intersect with Westmoreland Road. The owner will not be responsible for the extension of Westmoreland Road. 2. The owners will agree to construct Warrior Road in its new alignment to the extent that it does not exceed the current contract prices that presently have been obtained to build Warrior Road as originally designed and approved. However, this new alignment of Warrior Road and the required right of way must not adversely impact upon or result in the loss of any townhouse or single family lots reflected on the approved plans. 3. In consideration of the above proffer, the two acre tract on the southwest corner of Warrior Road and Jefferson Village Court will be rezoned to B-2. eL Dr. E. McAllister —J &4% 0 This ordinance shall be in effect upon its passage. Passed this 9th day of September, 1992. A Copy Teste j"o-hd,RYRiley, Jr. Frederick County Administrator i P/C review date: 8/05/92 BOS review date: 9/09/92 REZONING APPLICATION #001-92 JOHN & JANE MCALLISTER To Rezone 2.0 Acres From RP (Residential Performance) To B-2 (Business General) LOCATION: North of State Route 277, west and adjacent to Warrior Road, east of Stephens City and 1750'+ east of State Route 641, approximately 1.75 miles east of I-81 MAGISTERIAL DISTRICT: Opequon PROPERTY ID NUMBER: 860000A0001020 PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) present use - vacant ADJOINING PROPERTY ZONING & PRESENT USE: Zoned RP (Residential Performance) and B-2 (Business General) present use - residential and vacant PROPOSED USE: Retail Business REVIEW EVALUATIONS: Virginia Dept. of Transportation: See attachment dated June 3, 1992. Fire Marshal: There is an impact to be addressed regarding fire and rescue which has been commented on by Stephens City Vol. Fire Co. Their comments are included and are a part of this review. See attached letter from Frank Weller dated June 1, 1992. Sanitation Authority: No comment on rezoning request. County Engineer: I have no comments at this time. Stormwater management will be required at the design phase of development. Inspections Dept.: Shall comment on commercial site at the time of structural plans review. Page 2 McAllister Rezoning Planning : Location - The property is located within the Village at Sherando, on the west side of Warrior Road approximately 600 feet north of Route 277. The parcel is currently zoned RP. Site Suitability - The site is generally level and open with frontage on both Warrior Road and the planned extension of Jefferson Court. Water and sewer is available on the site. Potential Impacts - The proposed B-2 zoning will generate significantly more traffic than the RP zoning present on the site. VDOT notes the possible need for signalization of the Jefferson\Warrior Road intersection. The Stephens City Fire Dept. points out their lack of specialized fire equipment for this type of development. They do not specify the equipment. In terms of overall costs to the county, the zoning requested will likely result in a net gain to the county in terms of revenue generated versus cost of services provided, when compared to the current residential zoning on the site. Conclusions - The site is well suited for B-2 zoning. Site features including access, topography and infrastructure present are all conducive to business zoning. Traffic generated appears to be the one negative impact to be anticipated. STAFF RECOMMENDATIONS FOR 815192 PC MEETING: Approval, with the acceptance of proffers. PLANNING COMMISSION RECOMMENDATIONS OF 815192: Unanimously approved with the acceptance of proffers. (Absent - J. Marker and R. Carper). 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Dralna a Easement yE> n"Q" d� W / 57z+J's0 E �o. i e aPter 4 S5J11'3YW Sewer �0-00' SJa�S'33E ♦4:'— ,gEOsement' I l— c � 5 -M L— IPS o I 23 30 ar 549" 25 W IPS B I 2.31' s v i � � ° p I U I LAS3fl23'21'W 21.78' IPS D � N rn °o IPS 1` 3 a v �En n m m S53'11'21'W sa 'e °ag Im Im 12.51' 4 O J m :w I� PARCEL ONE I 1 s o # to I' 50,000 Sq. Ft. or m %U Q 3 I 1.14784 Acres y l ItLA K ° 3 I 1 u v ° o 1 I N20'09TZ4-E 13.78' < IPS \ -, - - - N36'48'29"W 272.49' - - - - - - rq N/F IPS N�F PS Shiflett J.EJ.P. ORPORATION Zoned:RP ZONED:8-2 } Use:Residential USE:VACANT ` U FINAL PLAT PARCEL ONE COMMERCIAL AREA THE VILLAGE AT SHERANDO OPEQUON MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE:1"=40' OCTOBER 29, 1996 RITCHIE SURVEYS STEPHENS CITY, VIRGINIA Sheet 2 of 2 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION P. O. BOX 278 RAY D. PETHTEL EDINBURG, 22824 COMMISSIONER 06/03/92 WILLIAM H. BUSHMAN RESIDENT ENGINEER TELE(703)984-4133 FAX (703) 984-9761 Comments for Comment Sheet from Dr. John E. McAllister concerning The Village at Sherando: No overall objection to the rezoning of this property. However, with the vehicle trips which could be generated from commercial development coupled with the current zoning of the remaining McAllister property, a significant traffic impact on the Warrior Road/Jefferson Court Extended intersection could result. Furthermore, additional impacts from the developing Jefferson Village/Fredericktowne areas could also be realized. Some type of traffic control (i.e. signalization) at this intersection may be warranted at or prior to build out of the project. Before commenting further this office will require site plans which detail entrance designs, drainage features and traffic flow data from the I.T.E. Trip Generation Manual 4th Edition for review. To determine what if any traffic control measures are needed offsite trip information and splits should be included. TRANSPORTATION FOR THE 21ST CENTURY 0 • STEPHENS CITY FIRE CO., INC. P. O. BOX 253 STEPHENS CITY, VIRGINIA 22655 June 1, 1992 G. W. Clifford & Assoc. 200 N. Camerson St. Winchester, Va.. 22601 ATTN: Mr. Ron Mislowsky Dear Mr. tlislowsk:y: This is in reply to the rezoning request of Dr. John E. & June McAllister located north & adjacent to State Rt. 277 east of Stephens City and approximately 1750 feet east of State Rt. 641 and approximately 1.75 miles east of I-81. Rezoning this land to Commercial Development will have a definite impart on the fire/emergency medical services. The Stephens City Fire Co., Inc. respectfully request the following proffers to help offset the additional casts the company will have to bear: - A one-time contribution of $.05 per gross square foot: of facility floor space to support the capital improvement needs of the volunteers. This one-time contribution shall be conveyed to the Town at the time building permits are issued. - An annual contribution of $.05 per gross square foot. Contributions should be collected and distributed throe.. gl-, the commercial owners .association where such an association or management group exists. For facilities not governed by a commercial owners association or man- agement group, each individual owner shall be responsible to collect and distribute the applicable level of con- tribution to the Treasurer of the Stephens City Fire Co., Inc., P O Box 253, Stephens City, Va. 22655 on or about July 1 of each year. - A development of this nature will require specialized apparatus that the Stephens City Fire Co., Inc. doesn't have. We would like to hold discussions with You regarding this need. The above requests are tieing used in other jurisdictions and is presently (being developed by the Department of Fire and RFS'c3(=LJJ Services in conjunction with the Volunteer Fire and Rescue Association of Frederick: County. Sincerely! F :: W 1le Fire Chief File y Tom Owens, Dlr. Fire and Rescue Services REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number Date Received Submittal Deadline Application Date: 7 July 92 PC Hearing Date BOS Hearing Date ------------------------------------------------------------------ The following information shall be provided by the applicant: All parcel numbers, tax map numbers, deed book pages and numbers may be obtained from the Office of the Commissioner of Revenue, 9 Court Square, Winchester. 1. Applicant: Name: Dr. John E. & Jane McAllister Address: 322 Burnt Factory Road Stephenson, Va 22656 Telephone: (703) 662-4121 2. Owner: Name: Dr. John E. & Jane McAllister Address: 322 Burnt Factory Road Stephenson, Va 22656 Telephone: (703) 662-4121 In addition, the Code of Virginia allows us to request full dis- closure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be re- zoned: Dr. John E. McAllister Jane McAllister L5 is 1 A- - 1992 3. Zoning change: It is requested that the zoning of the property be changed from RP to B-2. 4. Location: The property is located at (give exact directions): North & Adjacent to St. Rte. 277, east of Stephens City and 1750'± east of St. Rte. 641. Approx. 1.75 miles east of I-81 5. Parcel Identification: 21 Digit Tax Parcel Number: 86-A-102 6. Magisterial District: Opecruon 7. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 2 Acres The area of each portion to be rezoned to a different zoning district category should be noted: 2 Acres Rezoned to B-2 Frontage: 250 Feet Dept: 300 Feet 8. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: Robert J. Snyder Deed Page: 515 Deed Book Number: 740 9. Proposed use: It is proposed that the property will be put to the following uses. RETAIL TYPE BUSINESS p�6�odIE 0 0 10.Checklist: Check the following items that have been included with this application. Location map Survey or plat Deed to property Statement verifying taxes Sign receipt Agency Comments Fees Impact Analysis Statement Proffer Statement i1.Signature: I (we), the undersigned, do hereby make -application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materi als are true and accurate to the best of my (our) knowledge. Applicant: LAA- , Owner: S. 12.Representation: If the application is being represented by someone other than the owner or application and if questions about the application and if questions about the application should be directed to that representative, please list the following. Representative's Name: Ron Mislowskv Representative's Phone Number: (703) 667-2139 0 • 13.The following are all of the individuals, firms, or corpora- tions owning property adjacent to both sides and rear and in front of (across street from) the property sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. {PLEASE LIST COMPLETE 21-DIGIT NUMBER) Name: John B. & Clara E. Shiflett Address: Rt.1, Box 353 Stephens City, Va 22655 Property I.D.#: 86000-005-0000-0000-000GO Additional comments, if any I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this appllication. Signature of Applicant: i rOL 5- Signature of Owner: Owners' Mailing Adress. Owners' Telephone No: For Office Use Only PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) Approval Denial SECRETARY (signed) BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Approval Denial COUNTY ADMIN.(signed) JUL y am ob 0-& C41QTY OF FREDERICK, VIRGINI* FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 070692O546 Date Received 0529% Date Reviewed 070692 Applicant Name E. W. Clifford & Assoc. Address 200 N. Cameron Street Winchester, VA 22601 Project Name The Village At Sherando Phone No. 703-667-2139 Type of Application 1st Due Fire Co. 11 Election District Rezoning Current Zoning 1st Due Rescue Co. 11 Opequon RECOMMENDATIONS Automatic Sprinkler System X Residential Sprinkler System Automatic Fire Alarm System x Other RP Emergency Vehicle Access; Adequate Inadequate Not Identified X Fire Lanes Required; Yes X No Comments: Per Frederick: County Chapter 10 and B.O.C.A. Building Code. Roadway/Aisleway Widths; Adequate Inadequate Special Hazards Noted; Yes Comments: Not Identified X No X UH ° Hydrant Locations; Adequate Inadequate Not Identified X Siamese Connection Location; Approved Not Approved Not Identified X Additional Comments: 1) The impact statement, as usual, only addresses the Sheriff's Dept. under Emergency Services. There is an impact to be addressed regarding fire and rescue which has been commented on by Stephens City Vol. Fire Co. Their comments are included and are a part of this review. 2) Another item that should be addressed before additional commercial development on Rt. 277 is the need for a traffic light at the entrance to Sherando H`gh School, to handle traffic flows. Review Time .5 hr. Douglas A. Kiiacofe Fire Marshal A��A� [� ��.--�~ ��COUNTY ` STEPHENS CITY FIRE CO., INC. P. O. BOX 253 STEPHENS CITY, VIRGINIA 22655 June 1 , 1992 G. W. Clifford & Assoc. 200 N. Camerson St. Winchester, Va. 22601 ATTN: Mr. Ron Mislowsky Dear Mr. Mislowsk:y: This is in reply to the rezoning request of Dr. John E. & .Juice McAllister- located north & adjacent to State Rt. 27 7 east of Stephens City and .approximately 1750 feet east of ::state Rt. 641 and approximately 1.75 miles east of I-91. Rezoning this land to Commercial Development will have a definite impact on the fire/emergency medical services. The Stephens City Fire Co., Inc. respectfully request the following proffers to help offset the .:additional costs the company will have to bear: - A one-time contribution of $.05 per grass square feat of facility floor space to support the capital improvement needs of the volunteers. This one-time contribution shall be conveyed to the Town at the time building permits are issued. - An annual contribution of $.05 per grass square foot. Contributions should be collected and distributed {through the commercial owners association where such an association or management group exists. For facilities not governed by a commercial owners association or man- agement group, each individual owner shall be responsible to collect and distribute the applicable level of con- tribution to the Treasurer of the Stephens City Fire Co., inc., F O Box 253, Stephens City, Va. 22655 on or about July 1 of each year. - A development of this nature will require specialized apparatus that the Stephens City Fire Co., Inc. doesn't have. We would like to hold discussions with You regarding this need. The above requests are being used in other jurisdictions and is presently being developed by the Department of Fire and Rescue Services in conjunction with the Volunteer Fire and Rescue Association of Frederick: County. Sincere l'y%, v 4f4tto Frank: Weller Fire Chief c c . File Tam Owens, Dir. Fire and Rescue Services 0 0 COUNTY of FREDERICK Department of Planning and Development 703 / 665-5651 Fax 703 / 678-0682 August 26, 1992 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application of: JOHN AND JANE MCALLISTER REZONING APPLICATION #001-92: To rezone two acres from RP (Residential Performance) to B-2 (Business General) for retail business. This property is located north of State Route 277, east of Stephens City and 1750' + east of State Route 641, in the Opequon District, and is identified as GPIN 860000A0001020. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of September 9, 1992 at 7:15 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerel , ..ems-�► Kris C. Tierney, AICP Deputy Planning Director KCT/slk 9 North Loudoun Street P.O. Box 601 Winchester, VA 22601 Winchester, VA 22604 This is to certify tha he attached correspondence was loiled to the following on from fte Department of Planning and Development, Frederick County, Virginia: Dr. John E. & Jane McAllister 322 Burnt Factory Road Stephenson, Virginia 22656 G.W. Clifford Associates Attn: Ron Mislowsky 200 North Cameron Street Winchester, Virignia 22601 John B. & Clara E. Shiflett Route 1, Box 353 Stephens City, Virginia 22655 K is Tie ne uty Dire Fred ick Cpt. anning STATE OF VIRGINIA COUNTY OF FREDERICK I, a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated,�". 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 �� Environmental & Planning Impacts for Village at Sherando April 92 Introduction 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 Planning Staff. This document is prepared in support of and in preparation to rezone 2 acres from present Residential Performance (RP) to Business General District (B-2), as described on the Village at Sherando Master Development Plan. In summary the land is affected as follows: 1) Traffic Impacts The increase in traffic volume as a result of the proposed rezoning is determined relating the estimated trips per day generated by development under the existing conditions to the predicted traffic volumes caused by the proposed use. Existing Trip Generation Avg Weekday Vehicle Trips Zo�nQ Ac. Trips Generated RP 2 26.451 53 Proposed Trip Generation ITE Land Use Code 210 (single family detached) Gross Avg Weekday Leasable Vehicle Trips ITE Land Zonine Ac. 1000 sq ft Trips Generated Use Code B-2 2 28 40.675 1139 814 (specialty retail center) Increase volume due to this rezoning action is 1086 trip ends per day. It is predicted that 40 percent of the traffic generated by the entire site would consist of trips internal to the Village at Sherando/Jefferson Village Developments. The actual trips to be accommodated by the existing road network outside of the immediate area is 651. Forty percent of this volume or 260 trips would exit the site on Warrior Road north to Fredericktowne Estates. The remaining 391 trips would utilize Warrior Road, south to VA Route 277, p c6r�adr� 2. Sewage Conveyance and Treatment Impacts: Sewage service to this site is provided by the Frederick County Sanitation Authority. Gravity service is available. Sewerage from the site would be treated at the Parkins Mills Regional WWTP. Flows generated from the total development are estimated by the State Health Department at 5,600 (200 gpd/1000 sq. ft. GLFA) gallons per day with an instantaneous peak flow of 10 gallons per minute. The actual flows from writer's experience will be about one half or 2,500 GPD. These flows represent an increase of approximately two times over what would have been expected under the current zoning. All sewage conveyance systems involved have full capability of handling this additional flow as does the plant have the capability of treating and discharging this flow in satisfactory manor. 3. Water Supply Impacts: This project would connect to existing water line at Warrior Road. The estimated water use is the same as sewage flow. (2500 gpd). 4. Education Cost: This project will generate no school age children. An obvious decrease in the facilities required to be provided by the County is realized. Net deduct per the rezoning impact model is 3.35/unit X 25 units = 8.4 students. 5. Parks and Recreation Cost: Park. This project will provide a portion of the walkway system to Sherando 6. Drainage Facility Impacts: The development of business will increase run off over that which would occur under existing zoning which allows for development of residential uses. It is recommended that either suitable green space be provided to reduce and buffer run-off. If the increased run off from the development cannot be handled by the receiving stream, in accordance with state criteria, detention or other improvements may be required. Additional storm water detention calculations should be presented with final design which woul M-9--MMUN cts created by the imposition of increase storm water ru D JUL - 91%2 0 0 7. Emergency Services Cost: Sheriff protection will be required by this facility. Routine patrols of the area should suffice for the majority of time . Special patrols and activities may include a total of 2 hours per week. Special coverage at $50.00 per hour would involve approximately $5200.00 per year. There should be no other impacts on emergency services. This represents essentially no increase in service over what would have been required if development occurred under the existing zoning. 8. Solid Waste Cost: Costs to the County would be normal for this type of development. No special waste removal needs are planned. Waste removal is available by private contractor. 9. 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 downstream areas should be 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 increased traffic, as mentioned. 10. Other Fiscal Impacts: No other impacts were noted. 11. Historic Impacts: No other impacts were noted. RAM/kf Ron MislowFLOWAI* � l5 a 2 G. W. Cliffoa Consulting_ a 0 0 July 22, 1992 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. JOHN AND JANE MCALLISTER REZONING APPLICATION #001-92: To rezone two acres from RP (Residential Performance) to B-2 (Business General) for retail business. This property is located north of State Route 277, east of Stephens City and 1750' ± east of State Route 641, in the Opequon District, and is identified as GPIN 860000A0001020. This rezoning request will be considered by the Frederick County Planning Commission at their meeting of August 5, 1992 at 7:30 p.m., in the board room of the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak, may attend this meeting. Sincerely, Kris C. Tierney, AICP Deputy Planning Director KCT/slk THE COURTHOUSE COMMONS 9 N. Loudoun Street - P.O. Box 601 - Winchester, Virginia - 22601 This is to certify th-*he attached correspondence wasoiled to the following on July 22, 1992 from ttie Department of Planning and Development, Frederick County, Virginia: Dr. John E. & Jane McAllister 322 Burnt Factory Road Stephenson, Virginia 22656 G.w. Clifford Associates Attn: Ron Mislowsky 200 North Cameron Street Winchester, Virginia 22601 John B. & Clara E. Shiflett Route 1, Box 353 Stephens City, Virginia 22655 is C. T ey eputy ctor Frederick Coun y Dept. Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Debi D. Swimley , a Notary Public in and for the state and county aforesaid, do hereby certify that Kris C. Tierney, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated July 22, 1992 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 22 day of July , 1992. My commission expires on September 30, 1993 NOTARY PUBLIC • • REQUEST FOR REZONING COMMENTS Company 11 Stephens City Fire Co., Inc. P.O. Box 253, Stephens City, VA 22655 (703)665-5651 Applicant's name, address and phone number: Dr. John E. & June McAllister Rt. 1.Box 198 Stephenson, Va 22656 (703) 662-4121 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St Winchester, Va 22601 (703) 667-2139 Attn: Ron Mislowskv Name of development and/or description of the request: The Villaae at Sherando Location: North & Adjacent to St. Rte. 277, east of Stephens City and 17501± east of St. Rte. 641 Approx. 1.75 miles east of I-81 Comments: S ez> Fire Signature & Date:�y Z (NOTICE TO FIRE MARSHALL - PLEASE RETURN THIS FROM TO AGENT. 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, impact analysis, Dlocation map and all other pertinent infof anm n L1 A M2 C�lT'►` OF FREDERICK, VIRGINI� ✓ FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. 070692054e Date Received 052992 Date Reviewed 0706?2 Applicant Name G. W. Clifford & Assoc. Address 200 N. Cameron Street Winchester, VA 22601 Project Name The Village At Sherando Phone No. 703-667-2139 Type of Application 1st Due Fire Co. 11 Election District Rezoning Opequon Current Zoning RP 1st Due Rescue Co. 11 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: Per Frederick: County Chapter its and B.O.C.A. Building Code. Roadway/Aisleway Widths; Adequate Inadequate Special Hazards Noted; Yes Comments: Not Identified X No X UH 40 Ot Hydrant Locations; Adequate Inadequate Not Identified Y Siamese Connection Location; Approved Not Approved Not Identified Y Additional Comments: 1) The impact statement, as usual, only addressee the Sheriff's Dept. under Emergency Services. There is an impact to be addressed regarding fire and rescue which has been commented on by Stephens City Vol. Fire Co. Their comments are included and are a part of this review. c) Another item that should be addressed before additional commercial development on Rt. 277 is the need for a traffic light at the entrance to Sherando High School, to handle traffic flows. Review Time .5 hr. Dauglaa A. t:i acofe Fire Marshal PLANS APPROVED FIRE MARSHAL, FREDcR;CKCOUNTY REQUEST FOR REZONING COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, 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, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Dr. John E. & June McAllister Rt. 1 Box 198 Stephenson, Va 22656 (703) 662-4121 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St Winchester, Va 22601 (703) 667-2139 Attn: Ron Mislowsky Name of development and/or description of the request: The Village at Sherando Location: North & Adjacent to St. Rte. 277 east of Stephens City and 17501± east of St Rte. 641 Approx. 1.75 miles east of I-81. VDOT Comments: See attached. VDOT Signature and Date:i r" // G� ,? (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE AGENT.) 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, impact analysis, location map and all other pertinent information. f--------�-- p [Eoec , .u. - y m D RECEIVED EDItJBCrtG R SiC?cNCY MAY 29 1992 & 0 JAC ❑ i:LS ❑ KOW Ri3C 0 KSF4 ❑ KDC 0 RLE 0 COPIES To: ___ --_ RECEIVED i 29M2. FP..cDERICK :.'O. ENGINEERING & INSPECTIONS REQUEST FOR REZONING COMMENTS County Engineer P.O. Box 601 Winchester, Va 22601 Applicant's name, address and phone number: Dr. John E. & June McAllister Rt. 1 Box 198 Stephenson, Va 22656 (703) 662-4121 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St. Winchester, Va 22601 (703) 667-2139 Attn: Ron Mislowsky Name of development and/or description of the request: The Village at Sherando Location: _North & Adiacent to St Rte. 277 east of Stephens City and 1750'± east of St Rte. 641 Approx. 1.75 miles east of I-81 Comments: -Y h61e COMA rA 1/ tj `r-1wCL J�6yWk(r 6 -tea QjgAM-j uJ A \ �. r�c c�.�. at 11 , cat-s «, (l �A U Engineer Signature & Date (NOTICE TO FIRE MARSHALL - PL c/z41gz TO AGENT. 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, impact ana s,--- location map and all other pertinent informati D • REQUEST FOR REZONING COMMENTS Frederick County Attorney Winchester -Frederick County Judicial Center 5 N. Kent Street, Winchester, Virginia 22601 (703) 667-5770 The Ee�e Attorney Offices are located in the Winchester - Frederick Judicial Center at 5 N. Kent Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Dr. John E. &_June McAllister Rt. 1,Box 198 Stephenson, Va 22656 (703) 662-4121 AGENT: G.W. Clifford & Assoc. 200 N. Cameron St Winchester, Va 22601 (703) 667-2139 Attn: Ron Mislowskv Name of development and/or description of the request: The Village at Sherando Location: North & Adjacent to St. Rte. 277, east of Stephens City and 17501± east of St. Rte. 641. Approx. 1.75 miles east of I-81. Comments: Attorney Signat and Date: (NOTICE TO Att ne - PLEASE RETURN THIS FORM TO THE AGENT.) 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. 009 rp ��:� • �'� REQUEST FOR REZONING COMMENTS Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Dr. John E. & June McAllister Rt. 1,Box 198 Stephenson Va 22656 (703) 662-4121 AGENT: G W Clifford & Assoc 200 N. Cameron St. Winchester Va 22601 (703) 667-2139 Attn: Ron Mislowsky Name of development and/or description of the request: The Village at Sherando Location: North & Adjacent to St. Rte. 277, east of Stephens City and 1750'± east of St. Rte. 641. Approx. 1.75 miles east of I-81. Comments: /VO C6 /if •f7,�i(// OV Sanit. Signature & Date: (NOTICE TO SANITATION 1.2 E RETURN THIS FORM TO AGENT'.) 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, impact analysis, location map and all other pertinent information. C REQUEST FOR REZONING COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 RECEIVED NIAY 2 9 IM FREDERICK CO. The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Dr. John E. & June McAllister Rt. 1.Box 198 Stephenson, Va 22656 (703) 662 -412 1 AGENT: G.W. Clifford & Assoc 200 N. Cameron St Winchester, Va 22601 (703) 667-2139 Attn: Ron Mislowsky Name of development and/or description of the request: The Village at Sherando Location: North & Adiacent to St. Rte. 277 east of Stephens City and 17501± east of St. Rte. 641 Approx. 1.75 miles east of I-81. Inspectors Comments: Building shall comply with the Virain Statewide Building Code and Section 309 Use Group R (Residential) of the BOCA National Building Code/1990. Other codes that apply are title 28 Code of Federal Regulation, Part 36 Nondiscrimination on the Basis of Disabilit by Public Accommodations and i c Facilities. Shall comment on commercial Inspect. Signature & Date. site at the time of structural (NOTICE TO INSPECTIONS - A R FORM TO AGENT.) plans review. 6_0% 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, impact analysis, location map and all other pertinent information. pL-�gGL9UW[9 JUL - gee * P 46 7 A X RECEIPT - YEAR COUNTY OF FREDERICK C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22601 REAL ESTATE 1991 ROSS ROADS 86 A J.E. J.P. CORPORATION RT 1 BOX 198 STEPHENSON, VA 1 9 9 1 Ticket #:00139190001 @@ -' - Date : 6/03/91 Register: AMM/W0 Trans. #: 00895 Dept # : RE9101 Previous Principle 102 Ralance $ 1047.70 Penalty $ '00 Interest $ .00 Amount Paid $ 1047.70 *Ba1aoce Due as c 6/03/91 $ .00 22656 CK DOM 153 ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) TAX RECEIPT - YE'AR COUNTY OF FREDERICK C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22601 REAL ESTATE 1991 CROSS ROADS 86 A 1 9 9 1 Ticket #:00139190002 @@ Date : 12/10/91 Register: RTC/W0 Trans. #: 04307 Dept # : RE9102 Previous Principle 102 Balance $ 1047.69 Penalty $ .00 Interest $ .00 Amount Paid $ 1047.69 *Balance Due as 012/10/91 $ .00 22656 CK DOM 181 ^ ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T — Y EA R 1 9 9 1 Ticket #:00139200001 @@ COUNTY OF FREDERICK Date : 6/03/91 C. WILLIAM ORNDOFF, JR Register: AMM/W0 0n J.E. J.P. CORPORATION RT 1 BOX 198 STEPHENSON, VA STEPHENSON, VA as o12/10/91 1, Q) | 0 ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE TAX RECEIPT - YEAR COUNTY OF FREDERICK C. W]LLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22601 REAL ESTATE 1991 CROSS ROADS 86 A J.E. J.P. CORPORATION RT 1 BOX 198 STEPHENSON, VA 1 9 9 1 Ticket #:00139200001 @@ - Date : 6/03/91 Register: A MM W Trans' #: 0�G� Dept # : R� Previous Principle 102A Balance $ 2554.8 CM Penalty $ ' Interest $ ' Amount Paid $ 2554' *Balance Due zzzzl as o 6/03/91 $ 22656 Cn uun 15-3 ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R 1 9 9 1 Ticket #:00139200002 @@ COUNTY OF FREDERICK - Date : 12/10/91 C. WILLIAM ORNDOFF, JR Register: RTC/W0 ~ P. O BOX 225 Trans, #: 04307 ~- Dept # : RE9102 WINCHESTER VA 22601 REAL ESTATE 1991 Previous Principle CROSS ROADS 86 A 102A Balance $ 2554.84 Penalty $ .00 Interest $ .00 J.E. J.P. CORPORATION Amount Paid $ 2554.84 + *Balance Due RT 1 BOX 198 as 012/10/91 $ .00 - '- STEPHENSON, VA 22656 CK DOM 181 ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) • • 4564-Gen tiEC: sr 3/8/90 \U N O h u G O N v v .y c U BK74OPG05 15 I THIS DEED made and dated this Z"d day of Marc �ISnyder, by M. Elizabeth Sargent, 1990, by and between Robert J. his Attorney -in -Fact by virtue of that certain Power of Attorney i i dated April 20, 1989 and recorded in the Clerk's Office of the I Circuit Court of Frederick County, Virginia in Deed Book -740 , at Page S , party of the first part, and J.E.J.P. Corporation, a Virginia corporation, party of the second part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considera- tion, the receipt of which is hereby acknowledged, the party of the first part does hereby grant., bargain, sell and convey with general warranty of title, unto the party of the second part, in fee simple, the following described two (2) parcels of land con- taining, in the aggregate, 54.9054 acres: (1) All of that certain tract or parcel of land, containing 15.3000 acres, together with the improve- ments and appurtenances thereunto belonging, lying and being situate along the Northern side of Virginia State Highway 277, about one mile East of Stephens City, in Opequon Magisterial District, Frederick County, Virginia. AND (2) All of that certain lot or parcel of land, containing 39.6054 acres, together with the improvements and appurtenances thereunto belonging,, lying and being situate to the North of that certain 15.3000 acre parcel and North of Virginia State Highway 277, about one mile East of Stephens City, in Opequon Magisterial District, Frederick County, Virginia. Both of the aforesaid parcels are more particularly described on that certain plat and survey of Douglas C. Legge, C.L.S., dated September 8, 1989, as revised February 27, 1990, attached to that certain Plat of Subdivision of Robert J. Snyder, by M. Elizabeth Sargent, his Attorney -in -Fact, dated March 2, 1990, and recorded in the Clerk's Office of the Circuit Court for Frederick County, Virginia, in Deed Book r7O , at Page 0Vj I all I in, r M7 s • 8K740PC0516 This is the same property acquired by Robert J. Snyder and Rosie L. Snyder, his wife, for their joint lives and upon the death of either, to the survivor, by deed from A. Taylor Ritter, et ux., dated May 8, 1946, of record in the aforesaid Clerk's Office in Deed Book 196, at Page 379. The said Rosio L. Snyder died on April 30, 1975, thereby vesting all of her right, title and interest in the property in Robert J. Snyder. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a fur- ther and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. The party of the first part covenants that he has a right to convey said property to the party of the second part; that he has done no act to encumber said property; that he will execute such further assurances of title to said property as may be requisite; that he is seized in fee simple of the property conveyed; and that the party of the second part shall have quiet possession of said property free from all encumbrances. WITNESS the following signa�e and seal: __(SEAL) Robert 0. Snyder b M. Elizabeth Sargent, his Attorney -in -Fact I li STATE OF VI INIA - At Large I of , To -wit: �I The foregoing instrument was acknowledged before me this day of 1990 by Robert J. Snyder by M. Elizabeth Sargent, his Attorney -in -Fact. CLCC., '••.t My Commission expires; C� N ary Publ �� ' VIRGINIA: FREDERI OUNTY, SCT. q This inrtrument of writing was produced to meon the .1244S 40 L� C 1 C Fi r'19 •jy off" a I• . t t 1 "." 4 "'d �•. ;,., � . `� Oi JCS 1��`J;ed1 ,,, t ,::: etu I Tax ir.pa�� LJ S.: :.. ,•1 c► � �o o , .O ' r Ira:•: tio:n G3�;i .:� . __ .. c. II }� CLERK Fredericktowne / N/F Story 2� S LEGEND I.R.S. - Iron Rod Set I.R.F. - Iron Rod Found ��LI►LTH O��i 0 d DOUGLAS C. LEGG E IP).4; GWIFICATE No. LANO $ JIJ N N/F y of Frederick I eats 1. The property delineated on this plat designated as Parcel 102 on Frederick County Tax Map 86, was conveyed to Robert J. Snyder, et ux by deed dated 8 May 1946 and recorded among the land rpoords of Frederick County, Va. In Deed gook 196 at Page 379. 2. No Title report furnished. 3. Property is subject to easements of reoord. Boundary Survey of the 6and.of ROBERT J. SNYDER deed book 196 page 379 Opequon Magisterial District Frederick County, Virginia scale: 1 " - 400' - September 8, 1989 Revised 2/27/90 (Added Zoning Limits) gilbert w. cliffor & associates, inc. Ea{im rs - Lind Plan s surveyors U0-c oh" off* k" Dd+. 1t.daW.bw& Vk&YI. 22401 (703) W1.2115 30 3-6 C— la.r WbKh--. Vl. — 3,3601 (M) KI-3130 • • BOUNDARY DESCRIPTION OF 54.9054 ACRES FRONTING VIRGINIA ROUTE 277 STANDING IN THE NAME OF ROBERT J. SNYDER, LYING AND BEING SITUATE IN OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY VIRGINIA Beginning at an iron rod set in the northerly right of way line of Va. Route 277, a corner to the Shiflett lot; thence with the easterly line of Shiflett, N20007'43"E - 890.64 feet to a post at a fence corner; thence continuing with another line of Shiflett, Cline, Shiflett and Strosnider, N76014'07"W - 839.22 feet to an iron rod set in the easterly line of the Story land; thence with the said line of Story and then McAllister, N35120'43"E - 1,052.53 f9et to an iron rod found In the southerly line of Fredericktowne Subdivision; thence with the said line of Fredericktowne Subdivision and then Fredericktowne Estates Subdivision, S67009'12"E - 577.52 feet to a post at a fence corner; thence continuing with another line of Fredericktowne Estates, S55055'45"E - 1,309.87 feet to a set stone in the westerly line of the County of Frederick land; thence with the said line of the County of Frederick land, S39001'35"W - 469.73 feet to a post at a fence corner, a corner to the Huffman land; thence with the westerly line of Huffman and then Teets, S37016'35"W - 1,021.33 feet to an iron rod set in the aforementioned northerly right of way line of Route 277; thence with the said line of Route 277, N73017'00"W - 838.58 feet to the point of beginning. �//I / W-/ Douglas C. Legge, C.L.S. Va. Certificate #1197 Gilbert W. Clifford & Assoc., Inc. P.O. Box 2104 Winchester, VA 22601 September 26, 1989 0 0 BOUNDARY DESCRIPTION OF A PORTION OF THE LAND OF ROBERT J. SNYDER LYING AND BEING SITUATE IN OPEQUON MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Beginning at an iron rod set in the northerly right of way line of Va. Route 277, a corner to the Shiflett lot; thence with the easterly line of Shiflett N20007'43"E - 676.32 feet to a point; thence with five lines through the original tract as follows: S73017'E - 283.98 feet to a point; thence N28°43'E - 80.00 feet to a point; thence N41 °43'E - 110.00 feet to a point; thence S38017'E - 403.48 feet to a point; thence S73017'E - 360.17 feet to a point in the westerly line of the Huffman land; thence with the said line of Huffman and then Teets, S37016'35"W - 685.26 feet to an iron rod set in the aforesaid right of way line of Route 277; thence with the said line of Route 277, N73017'00"W - 838.58 to the beginning. Containing ..... 15.3000 Acres and Zoned B-2 Douglas C. Legge, C.L.S. Va. Certificate No. 1197 G. W. Clifford & Assoc., Inc. P.O. Box 2104 Winchester, VA 22601 February 27, 1990