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HomeMy WebLinkAbout009-99 Jasbo-Glaize - Shawnee - BackfileREZONING TRACKING SHEET Date Vl Application received/file opened Reference manual updated/number assigned D-base updated -�-i • 4 qq J29l--File given to office manager to update Application Action Summary Four sets of adjoiner labels ordered from data processing �A QS-..,or-maps ordered from Mapping & Graphics PC public hearing date BOS public hearing date -28" 22 Signed copy of resolution for amendment of ordinance, with conditions proffered, received from County Administrator's office and placed in Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers notebook.) jj- A'7- RI Action letter mailed to applicant v Reference manual and D-base updated s• o?��QR�File given to office manager to update Application Action Summary (final action) RB--1Iy Other notes: File given to Mapping & Graphics to update zoning map Zoning map amended U: \Carol\Common\tracking.rez w � FILE COPY COUNTY of rIREDE RICX Depariirraeni of.Planning and Dtvielopment 540/665-5651 FAY: 540/ 673-0632 May 27, 1999 Mr. John Lewis Painter -Lewis, P.L.C. 302 S. Braddock Street - Suite 200 Winchester, VA 22601 RE: REZONING APPLICATION #09-99 OF JASBO/GLAIZE P.I.N. 64-A-9 AND 64-A-9A Dear John. This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on May 26, 1999. The Board approved your request to rezone 11.2662 acres from MH1 (Mobile Home Community) to B2 (Business General). This property is located on Front Royal Pike (Route 522), approximately .73 miles south of Millwood Pike (Route 50). The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, / Kris C. Tierney, AICP Director KCT/cc Attachment M. Harrington Smith, Shawnee District Supervisor *James Bowman & Fred Glaize, III (JASBO) *Steve Melnikoff, VDOT Jane Anderson, Real Estate *Denny Linaburg (*cc's with copy of proffers) o.\Agcndas\APPR DEN. Ll'R\RE7sUasb0Ga= apr 107 Tiorth Kent Street • Winchester, Virginia 22601-5000 r PC REVIEW DATE: 05/05/99 BOS REVIEW DATE: 05/26/99 REZONING APPLICATION #09-99 JASBO/GLAIZE To rezone 11.2662 acres from MH1 (Mobile Home Community) to B2 (Business General) LOCATION: This property is located on Front Royal Pike (Rt. 522), approximately .73 miles south of Millwood Pike (Rt. 50). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-9 and 64-A-9A PROPERTY ZONING & PRESENT USE: Zoned: MH1 (Mobile Home Community) Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business General) District Use: Elks Fraternal Lodge South: Zoned B2 (Business General) District Use: Commercial; Vacant RA (Rural Areas) District Church East: Zoned B2 (Business General) District Use: Vacant B 1 (Neighborhood Business) District Commercial; Residential West: Zoned B2 (Business General) District Use: Elks Fraternal Lodge RA (Rural Areas) District Vacant PROPOSED USE: Commercial and Office REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. 0 L� JASBO/Glaize REZ #09-99 Page 2 May 18, 1999 VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, and traffic signalization. In this rezoning, proposal indicating primary access to the property via Premier Place will require an extension of right turn lane and taper, as well as signalization of the Route 522/Premier Place intersection, cost to be borne by owner/developer at the time during development. VDOT determines the warrants exist to justify signal installation, and other off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Emergency access must be maintained. Recommend plan approval. Millwood Station Volunteer Fire Co.: No problems noted due to feasibility ofwater supply/traffic. No problems found on review for Fire/Rescue. County Engineer: The impact analysis appears to be satisfactory. We have no other comments at this time. We will perform a detailed review at the time of the site plan submittal. Sanitation Authority: No comment. Winchester Regional Airport: See attached letter from Serena Manuel, Executive Director, dated 2/24/99. County Attorna: Proffers appear to be in proper form. Historic Resources Advisory Board: The Frederick County Rural Landmarks Survey identifies four sites within the proximity of the properties proposed for rezoning; however, none of these sites are identified as potentially significant historic resources. Planning & Zonin2 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the 11.2662-acre site as MH (Mobile Home Community) District. 2) Location The two parcels which comprise the 11.2662-acre site proposed for rezoning are located in the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). This acreage is a component of the Route 50 East Corridor Plan. This land use plan calls for the provisions of business and office use west of the intersection of Front Royal JASBO/Glaize REZ #09-99 Page 3 May 18, 1999 Pike (Route 522 South), and Airport Road (Route 645), excluding the residential area identified as the Funkhouser Addition. 3) Site Suitability The 11.2662-acre site does not contain areas of steep slope, floodplain, wetlands, mature woodlands, or prime agricultural soils. The Frederick County Rural Landmarks Survey does not identify potentially significant historic resources or historic districts on, or within, the proximity of this acreage. 4) Potential Impacts and Issues I. Transportation a) Site Access - The 11.2662-acre site contains approximately 63 feet of road frontage along Front Royal Pike. This frontage was improved by VDOT during the widening of Front Royal Pike to provide a standard commercial entrance into the former Barberios Mobile Home Park; however, there is no opportunity to provide for a right turn lane to this commercial entrance due to unavailable right-of-way. The applicant plans to utilize Premier Place as the primary access to this acreage. Premier Place is located approximately 150 feet south of the commercial entrance; therefore, it would be prudent to eliminate the existing entrance into this site and provide for an adequate right turn lane into Premier Place. b) Signalization - The Route 50 East Corridor Plan calls for traffic signalization on Front Royal Pike at the location of the 11.2662-acre site. The land use plan depicts this signalization at the existing entrance to this property; however, it would be appropriate to shift the location of this improvement south to align with the Premier Place/Front Royal Pike intersection if this is approved as the primary access to the 11.2662-acre site. c) Traffic Volume - The applicant's traffic impact analysis projects a worst case scenario of 9,787 vehicle trips per day that could be generated from the 11.2662-acre site at build -out. This scenario projects a peak hour impact of 1,543 vehicle trips. All vehicle trips will enter Front Royal Pike, with the majority traveling north to the Front Royal Pike/Millwood Pike intersection at Interstate 81. The development of the 11.2662-acre site, assuming the applicant's projection, would increase the average daily traffic volume on Front Royal Pike by 78%. An increase of this percentage would impact the existing road system which may necessitate additional improvements to Front Royal Pike. Ll JASBO/Glaize REZ #09-99 Page 4 May 18, 1999 II. Community Facilities and Services The Capital Facilities Impact Model was applied to this application assuming a worst case development scenario of 240,657 square feet of retail space. The results of this model run demonstrate a negative fiscal impact to Fire and Rescue services for capital costs. 5) Proffer Statement The applicant has submitted a proffer statement which has been signed, notarized and reviewed by the County Attorney. The applicant has proffered to vacate the property line between the 11.2662-acre site and the property to the south to provide direct access from Premier Place, to enter into a signalization agreement with VDOT for the placement of a traffic signal at Front Royal Pike and Premier Place, and to provide a monetary contribution to mitigate the impacts to Fire and Rescue services. STAFF CONCLUSIONS FOR THE 05/05/99 PLANNING COMMISSION MEETING: The request to rezone the 11.2662-acre site is consistent with the Route 50 East Corridor Plan and the policies established in the Comprehensive Policy Plan. The applicant's proffer statement allows for this acreage to be directly served by Premier Place and provides for future signalization at this intersection with Front Royal Pike. The applicant's proffer provides for a monetary contribution to mitigate the impacts to Fire and Rescue Services as demonstrated by the results of the Capital Facilities Impact Model. The Planning Commission should consider the impacts associated with increased traffic volumes and site access at the existing entrance when forwarding a recommendation to the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 05/05/99: The applicant focused his comments on the property boundaries with respect to Premier Place and an adjoining, intervening parcel to the south. The applicant said that the intervening parcel has an irregular shape and does not lend itself well to development, while the subject parcel does not have adequate access. The property owner intends to vacate the property line between the 11.2662-acre site and the property to the south to provide direct access from Premier Place. The combined parcels, totaling 13 acres, will have direct access and will be more suited for development. There were no citizen comments. Members of the Commission inquired if the existing entrance on the subject parcel would be entirely eliminated and the applicant responded that it would be eliminated. No other issues or concerns were JASBO/Glaize REZ #09-99 Page 5 May 18, 1999 raised by the Planning Commission. The Planning Commission unanimously recommended approval of the rezoning with the proffers submitted by the applicant and the understanding that the existing entrance to this property would be eliminated. (Note: Mr. Morris was absent from this meeting.) O:\Agendas\COMMENTS\REZONING\Staff ReporiUasbo_GIaize.REZ.wpd r x r REZONING APPLICATION FORM / FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. - Zoning Amendment Number Date Received g " q"� PC Hearing Date S—S- T? BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: - c {, �; , , �. L. C. Telephone: ( s-y o) z - s 7 9 L Address: 3o a s Boo. m c K s� �s i, z-,o k) LJ ' ,\c.. kf-,s4 ..r V A- z z (. O I 2. Property Owner (if different than above) d A— G Liu. TFL Telephone: ( !"YQ) la� 2 Los z Name: -��sbu ��n�. 4 F+� , Address: 11 z I✓ p; cc . A ft, 5.+ 3. Contact person if other than above Name: 5oy., C. Lc,..; s Telephone: t?cr; n ✓- L-#- ,.,;s, I? L. C. 4. Checklist: Check the following items that have been included with this application. Location map ✓ Agency Comments Plat ✓ Fees Deed to property ✓ Impact Analysis Statement Verification of taxes paid ✓ Proffer Statement 11 • 0 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jo % b 0 1 I(\c-• 6. A) Current Use of the Property: \/ct ck B) Proposed Use of the Property: J� z - z o G 1� b 5 dyi C-d- 7. Adjoining Property: PARCEL ID NUMBER (c \)) - 5 (o�t_CCvd1- to �o LN5 - (( A)) - F (n 4 - (c calf - 12. l 3, $o M)-S 6 2-1)-3 USE Ctl rhehev 6; C HaJ�W 1'ty�� C horcti COMe#'GY C.1 aI ZONING M.H I k 1p az 8. Location: The property is located at (give exact location based on nearest road and distance' from nearest intersection, using road names and route numbers): 13OQ-V- 5Zz.,. -73 r-:Its Sov4-t\ of U•S.2av-4t-- S (i . 12 �1 • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number (v 4 3 - CC a)) - 9 - ` ((t Districts Magisterial: S►&,^? f. High School: Fire Service: M;Ilw,j 54_0j),\(()j. p;n cd. Middle School: _ Elementar Rescue Service: r.,,,;ji,A,ond s+�+;m.Vol, sass°e Y School: r-%,re,+ r2esue.c-o•ZI 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 1 I. Z G G Z Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Single Family homes: Non -Residential Lots: Number of Units Proposed Townhome: Mobile Home: Sauare Footage of Proposed Use Multi -Family: Hotel Rooms: Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. APp licant(s): Owner(s): e ✓� z c 14 Date: Date: Date: -3I�-) h Date: 3 "1— L • 0 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name EHS C1v4J V/;CI\-e a.U.aox a5 Property # U L-I - (A - 5 Name v r`t k1. -e.11 i%4U K-e Property A)) - 10 Name 11 c a � �� � t C l.e (I 13I G-, c-r 6e c L0. K e �;.titht3�e...�,VA' ZZ(o6Z Pro er # (v �{ F3- ( > - k Name C u ��c, o. C r L)_C I re L(I 'lv���i c k- a �+� z2.CoU Z -U4-7 Property # lo`(Z Sro Name P -,d L.. GzI,%;-Lc Tr. S-k-k Coo q Property # (D -(C - `1G Name peej I<. $S Fruni W hes-1--Y VA zL60 2- Property# (, &ft���-3 Name Property# Name Property# Name Property # Name Property # 15 0 0 AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on May 5, 1999 BOARD OF SUPERVISORS: Approved May 26, 1999 THE ZONING DISTRICT MAP REZONING #09-99 OF JASBO/GLAIZE WHEREAS, Rezoning #09-99 of Jasbo/Glaize, was submitted by Painter -Lewis, P.L.C., to rezone 11.2662 acres from MHl (Mobile Home Community) to B2 (Business General). This property is located on Front Royal Pike (Rt. 522), approximately .73 miles south of Millwood Pike (Rt. 50), and is identified with Property Identification Numbers 64-A-9 and 64-A-9A in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on May 5, 1999; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on May 26, 1999; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 11.2662 acres from MH1 (Mobile Home Community) to B2 (Business General), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #15-99 • This ordinance shall be in effect on the date of adoption. Passed this 26th day of May, 1999 by the following recorded vote: James L. Longerbeam, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. O: W gendas\COMMENTS\RELON ING\RESOLUTN\JasboGlaize. RE S PDRes il I5-99 Aye Richard C. Shickle Aye Aye Margaret B. Douglas Aye Absent Robert M. Sager Aye A COPY ATTEST Jail R. Riley, Jr Frederick County Administrator 0 PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 64B-((A))-9 AND PARCEL ID - 64B-((A))-9A Shawnee Magisterial District Frederick County, Virginia March 30, 1999 Prepared for: Jasbo, Inc. & Fred L. Glaize, III 112 East Piccadilly Street Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street - Suite 200 Winchester, VA 22601 Tel.: (540)-662-5792 Fax.: (540)-662-5793 PROFFER STATE1VIENT 0 PARCEL ID 64-((A)-9 & 9A • INTRODUCTION The subject property currently consists of two parcels containing a total of 11.2662 acres and is located on US Route 522, 0.73 miles south of US Route 50. Exhibit 1 shows the location of the property. The property is zoned MH-1, Mobile Home Community District. The property is currently vacant. The owner desires to rezone the entire 11.2662 acres to B2, Business General District. According to the 1997 Frederick County Comprehensive Policy Plan, the property is within the Urban Development Area. The property also lies within the limits of the Route 50/Route 522 Business corridor. The property is located between the Route 645, Airport Road and Route 522. The proximity of the property to Route 522, Route 50, Interstate Route 81, and the airport makes it highly desirable for commercial development. The property will be better utilized with a B2 zoning which will allow the development of a variety of business, office and service uses. The property contains approximately 62 linear feet of frontage on US Route 522. However, because the property owners share common ownership interest in the adjacent parcel, primary access to the property will be from Premier Place. Pursuant to Section 15.2-2296 Et. Seq., of the Code of Virginia, as amended, and the applicable provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application #Oq-9q for the rezoning of 11.2662+/- acres identified as PIN 964-((A))-9 and PIN #64-((A))-9A NH-1 to B2, development of this particular 11.2662+/- acres will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. The owner agrees to vacate the property boundary between the subject parcel and the adjoining parcel to the south (Tax Map 64-((A))-9F) in order to provide direct access to Premier Place. 2. The owner agrees to enter into a cost sharing agreement with the Virginia Department of Transportation (VDOT) for the signalization of the intersection of Premier Place and Route 522 as required by VDOT. Such agreement will be initiated and implemented by VDOT at their discretion. 3. The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of $7,798.24 for impacts to Greenwood Fire and Rescue Service. This sum will be paid upon subdivision of the property or receipt of a building permit from the Frederick County Inspections Department for the first building to be constructed on the subject parcel. page 2 PROFFER STATEMENT i PARCEL ID 64-((A)-9 & 9A 0 The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: Jasbo, Inc. & Fred L. Gll^aize, III Date: STATE OF VIRGINIA, AT LARGE To -Wit: CITY OF WINCHESTER The foregoing instrument was acknowledged before me this 6thday of April, 1999 Fred L. Glaize, III and James L. Bowman, President of Jasbo, Inc., a Virginia Corporation My commission expires on December 31, 2000 Notary Public by page 3 0 0 Virginia Department of Transportation -- Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 1550 Commerce Street Winchester, Virginia A: `liarit Ptes:�ll:puttke riv�rmllns accualelY asposszb.:n:o„� t a. th. pR applx ati .form; Iocatlo map, Farbffer 3tntCtl�t@rltr l]1lpACt a� alyS 9y as : of„:�z.....: ; ' ; .:.... , :: :. .:::.;,:. rm Applicant's Name: Telephone: Mailing Address: 3 0 2 5. r - .A o c-y- 5 A-. ,, S }-e- Location of property: 0 • S • `- 0 a,, . "7 3 `> o f Alti o �: U . S . Current zoning: " H - l Zoning requested: 1� - Z. Acreage: 1 l Z� I Virginia Department of Transportation Comments: I VDOT Signature & Date: See Attachment We Z-z'/-S 7 � 4 0 10 February 24, 1999 Rezoning Comment Sheet — Painter -Lewis P.L.C. No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, TRAFFIC SIGNALIZATION, in this rezoning proposal indicating primary access to the property via Premier Place will require an extension of right turn lane and taper as well as signalization of the Route 522; Premier Place intersection, cost to borne by owner/developer at the time during development. VDOT determines the warrants exist to justify signal installation, and other off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. 0 10 February 24, 1999 Rezoning Comment Sheet — Painter -Lewis P.L.C. No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, TRAFFIC SIGNALIZATION, in this rezoning proposal indicating primary access to the property via Premier Place will require an extension of right turn lane and taper as well as signalization of the Route 522; Premier Place intersection, cost to borne by owner/developer at the time during development. VDOT determines the warrants exist to justify signal installation, and other off -site roadway improvements and drainage. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1 st Floor 107 North Kent Street Winchester, Virginia Fj 111. `q Appheant Please fill otit the information as accurately as possibie m order to assist the Frederick County Fire Marshal' with hisrev�ew `Attach a'pyeo '' a of your apphcafion form, locahon map, proffex statemeimpact analysis, and an nt, y other perhnerlt mformahon ;.? } I Applicant's Name: �i �" „ _ S �, L-, C. Telephone: C S-4 (3) (0(0 a.. -s-79 a Mailing Address: _3 �, 2 s , 3 ate , �k s , S-�c Location of property: U•SoZ, 73 ', des U 5 �o :5 0 . Current zoning: J �t - k Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire r Zoning requested: 6 Z Acreage: Aj, Z& i rshal= Please Return This Form to the A 22 COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.RZ99-0002 Date Received 2/10/99 Applicant Painter-Lewis,P.L.C. Address 302 S. Braddock St. Winchester, VA 22601 Date Reviewed 3/3/99 Project Name Phone No. Type of ApplicationRezoning Current Zoning MH-1 1st Due Fire Co. 21 1st Due Rescue Co. 21 Election District Shawnee Tax I.D. No. 64-A-9, 64-A9A RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystenKX Other REQUIREMENTS Emergency Vehicle Access Adequate Inadequate Not IdentifiedXX Fire Lanes Required Yes XX No Comments Emergency access must be maintained. Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Add't' 1 Comments Attached? Yes No XX i iona Plan Approval Recommended? Yes XX No Title Signature �,` Rezoning Comments E.:��4-s'',,,''^�z.. .�.. �.".2✓r, ,t,.....,.;� m f, ��...- '�:.,.,>sS „"?�i:._t E �s..� ii ^�}a .I ,, , ... � ��'�ra>s.� ., i�. at;_ ,-4� -, ... .i�;,.�E.,.,.. ��;� Fire and Rescue Company Name of Fire & Rescue Company:VOIJ Address & Phone aac�� 1 AppLcant: Please 'i11 oiit the„information as accurately;,as possible in order to assist the Frre'';and Rescue Squad with their review Attach a copy of your application, form, location map, proffer statement, impact analysis; and any other pertinent information Applicant's Name: L. C.. Telephone: C 5-q o) Mailing Address: 3 n Z 5 , -:brrAAc(-k 5f siv- ac) o ln/ ,VA -Z t.Q1 Location of property: ) 5 moo,) -Ye— Jaa,, -13 v--:, \-- sulQ4� o� U • S. -?,oct- -,::� - Current zoning: MN- Zoning requested: '3 Z Acreage: il, 24 Fire and Rescue Company's Comments: tip r'��a � ctcl cl-Y— 4 Wra6r SuwPlc, / c-cx�� i 4 i�0 rC �IClrr�� �i��►.� O N : cLY Ic�,J j�o r T--L aA- Fire & Rescue Company's Signature & DatPc� ��� Notice to Fn c.`& Rescue Company - Please.Return"This aI 1 cl I cl c, I Form to the Applicant 32 E Rezoning Comments Frederick County Department of Public Works — Mail to - Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia as:"'. P 4�s-i­ lia�iiiorder to assist Dep rtn:tent'a Public arms i their review s&`w c-opy-4-ofyour applicati6n"forlinj" Cth b th p -! 'th ent infariiiifion,n: n-y..,o er.po 61 a Applicant's Name: Telephone: C S-14 o) (o Ca _S7 q.Z Mailing Address: 302 isl SA—e- , QA -z-L G 0 1 Location of property: 0,5-2,sxAs- 52Z-i 73 0-fiVr-5- �01-1�h Of U.S. 0. Current zoning: H - ) - Zoning requested: -6-2- Acreage: I 1 -2- IL, U 2- Department of Public Work's Comments: V3 1!cL tad OTrh&& C or Ck- Al L Public Works Signature & Date: Ij V P 'C 21 "'.4 1 Rezonin2 Comments Frederick County Sanitation Authority — Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant's Name: ?c,:. - L-e w s , P. U. C Telephone: (s--co) 6 toa- 5"79a Mailing Address: 3o 5.�{Rd��k �1-•f< • n Location of property: U S o �� `� 2 , .13 � :50Ukk o U • S ' Ro�'� o. Current zoning: 14 N - I Zoning requested: U L Acreage: lk . z 6 ca l- Sanitation Authority Comments: Sanitation Authority Signature & Date: 25 Rezoning Comments .o-t. Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the inforn ation as accuratelVas possible in order to assist they Winchester, Regional Airport with their review. . Attach a copy of your application forin, Iocation map, proffer statement, rmpacf analysis, and any other pertinent informatio1.n Applicant's Name: �c.�'. n -Lew, 5 R L.C. Telephone: (��(�) (D a-S�q Mailing Address: 5r� 1 � 1 Or,-C- Location of property: l) '�, 5 1)-� 73 1e-5 buo , o f- �L S • -9oc-\, Current zoning: tit f (- l Zoning requested: I -Z Acreage: z to 2 Winchester Regional Airport's Comments: Winchester Regional Airport's Signature & Date: C, D A4 n1c- ohce to Winchester Regioiia A,irpor, PI'` N ease"Return Form,'.ta Applicant; 30 r] Rezoning Comments ,�,.r,.;�:d,�4.�ti�.. .,, z'�.--: ; z_.....�rs�.: �.. 2•w. Mi�u>.•S�.I�c:a,r��.:r�.. .,��,'G;.Q. �...., s�c�.�Ii.��.:.xr;�'���.�....t�..t7�_s.3.: F.�. .�.�u��`L� Historic Resources Advisory Board Mail to: Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development Co. Administration Building, 4th Floor 107 North Kent Street Winchester, Virginia int 5 Please fill out the.informatio'n as accurately ds possible in order to. assist the Resources Advisory Board 'w— their reyie,W 'Attaeli a copy of your. application ieation map, proffetstatement, tnioact analysts,nd aany other pertinent s S r Applicant's Name: y� A k,-r - l�ew . h. L. L• Telephone: (-yo) (-6 a 5-79a Mailing Address: 3 o 2 S 3<, a- .o c_1C S k• a S kz- an o A z-zcoy 1 Location of property: S o jke -5 a a -13 rvm� l-es 5 u v 4 h v U S ova U, Current zoning: L--1 H -1 Zoning requested: 3 Z Acreage: 11 • Z- (-(- a Advisory Board Comments: The Frederick County Rural Landmarks Survey identifies four sites within the proximity of the properties proposed for rezoning; however, none of these sites are identified as potentially significant historic resources. Signature & Date: Notice to Aclvtsory card 'Please Return. Form to App 19 FEB 10 1999 DEPT, OF PLANNINGIDEVELOPMENT SERVING THE TOP OF VIRGINIA / February 24, 1999 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Painter -Lewis, P.L.C. 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 Re: Proposed Rezoning - Shawnee Magisterial District Parcel ID-64B((A))-9 & Parcel ID-64B((A))-9A Dear Ms. Butts: The Winchester Regional Airport Authority has no objections to the rezoning request for the above listed parcels from MH-1 to the requested B-2 zoning. Since these parcels are located within the approach to the runway, the Airport does request the right to review and approve any fixture site plans for development of these parcels prior to the issuance of any building permits or construction. A copy of the Federal Aviation Administration Advisory Circular AC 70/7460-2J, Proposed Construction or Alteration of Objects that May Affect the Navigable Airspace, may be obtained at this office along with the required FAA Form 7460-1. If you have any questions or concerns, please contact my office. Sincerely, Serena R. Manuel Executive Director 04/121/99 09:26 FAX 154*25793 PAINTER LEIVIS 16 [a 02 Rezoning Comments Frederic County Attorney — Mail to, - Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand d0bygr to: Frederick County Attorney Co- Administration Bldg., Suite 202 107 North Kent Street Winchester, Vt4nia A' dift-TI tl b1-:-`:ih: f C&ijW brinatiom-as:-accura e v.-,::as.VoSs1 e. .:Or tr.: M.assM. .. ........ theme Oac X ::impaUgh :an rd il . ... ..... ...... pratt'ee� tat .............. .......... ........ ..... ... . ..... . ....... .. Applicant's Name- if P. L. Cam_ Telephone, 0) G '1 -2- Mailing Address: A, A,.Q L.k- SA-. -1 V e4 -Z'7- C. Z Location of property: U 6 Q a Current zoning: H H - I - Zoning requested: -b -2- Acrease- It..')6 2- County Attorney's Commeuts.o Assistant County Attorney's Signature & Date: HIM W * WAY ....... 18 IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL 1D - 64B-((A))-9 AND PARCEL ID - 64B-((A))-9A Shawnee Magisterial District Frederick County, Virginia March 30, 1999 Prepared for: Jasbo, Inc. & Fred L. Glaize, Jr. 112 East Piccadilly Street Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 Tel.: (540)-662-5792 Fax.: (540)-662-5793 IMPACT ANALYSIS STA&IF NT PARCEL ID: 6413-((A))-9 aWPARCEL ID: 64B-((A))-9A IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section page i. INTRODUCTION 1 A. SITE SUITABILITY 1 B. SURROUNDING PROPERTIES 2 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 4 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 5 J. OTHER IMPACTS 5 APPENDIX 6 IMPACT ANALYSIS STAJ&4ENT PARCEL ID: 64B-((A))-9 a1W— PARCEL ID: 64B-((A))-9A L INTRODUCTION The subject property currently consists of two parcels containing a total of 11.2662 acres and is located on US Route 522, 0.73 miles south of US Route 50. Exhibit 1 shows the location of the property. The property is zoned ME-1, Mobile Home Community District. The property is currently vacant. The owner desires to rezone the entire 11,2662 acres to B2, Business General District. According to the 1997 Frederick County Comprehensive Policy Plan, the property is within the Urban Development Area. The property also lies within the limits of the Route 50/Route 522 Business corridor. The property is located between the Route 645, Airport Road and Route 50. The proximity of the property to Route 522, Route 50, Interstate Route 81, and the airport makes it highly desirable for commercial development. The property will be better utilized with a B2 zoning which will allow the development of a variety of business, office and service uses. Rezoning the subject property to B2 is consistent with the Frederick County Comprehensive Plan. The property contains approximately 62 linear feet of frontage on US Route 522 which does not provide sufficient separation from Premier Place to allow an additional entrance. However, because the property owners share common ownership interest in the adjacent parcel, primary access to the property will be from Premier Place. The owner plans to eliminate the southern boundary of the subject parcel to provide frontage on Premier Place. A. SITE SUITABILITY The majority of the site is well suited for commercial development. Gently sloping topography will facilitate the construction of commercial buildings and associated access drives. Utilities are available from Premier Place as well as from the roadway which accesses the Elks Club along the north side of the property. Route 522 as been improved to five lanes. Additional road improvements are planned for the area. For example, the study alignment for Warrior Drive passes close to the east of the property. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 01158 shows the parcel is not within designated areas of the 100 year flood. WE, No wetlands have been identified on the site. STEEP SLOPES The property is located at a local high point. The majority of the property slopes to the east. Slopes range from 1.0% to approximately 10%. The property contains no "steep slopes" as defined by the Frederick County Zoning Ordinance. page 1 IMPACT ANALYSIS STAAkA NT PARCEL ID: 64B-((A))-9 dW, - PARCEL ID: 64B-((A))-9A • MATURE WOODLANDS The site is generally without mature woodlands. SOILS According to the Soil Survey of Frederick County, the site contains the following soil types: Blairton silt loam, 2-7% - (3B), Frederick-Poplimento loam, 2-7% - (14B), Carbo-Oaklet silt loams, very rocky, 2-15% - (6C), and Oaklet silt loam, 2-7% - (32B). These soils are part of the Weikert-Berks-Blairton Association which are generally shallow to moderately deep and formed from weathered shale or sandstone. The Unified soil classifications are GM, ML, and CL. Unweathered bedrock can be expected at relatively shallow depths around 36 inches below the ground surface. There are no critical areas on the site. AIRPORT DISTRICT The subject property is within the Airport District - API as defined by the Frederick County Zoning Ordinance. The purpose of this district is to prevent the encroachment of airport hazards. The property is within the "Approach zone" which extends away from the ends of the runway along the extended centerline. The height limitations within the approach zone are defined as one foot in height for each fifty feet in horizontal distance beginning at a point 200 feet from and at the centerline elevation of the end of the runway. The elevation at the end of the runway is 726 feet MSL. The distance to the site is approximately 3500 feet. The approximate height limitation at the subject property is 792 feet MSL. The maximum elevation at the property is approximately 750 feet MSL. B. SURROUNDING PROPERTIES The two parcels to be rezoned is bordered on the north and west by land owned by The Elk Club of Winchester, Inc. and is zoned B2. Along the west and south is a parcel owned by June H. Russell, zoned RA and used for agricultural purposes. Along the eastern boundary of the subject parcels are three separate parcels. These three parcels are owned by ] )The Calvary Church of the Brethren, zoned RP, 2)Fred L. Glaize, Jr., zoned B2, and 3)William R. Mitchell, zoned MH-1. The adjoining property owner information is listed below. Also along the east boundary is the Route 522 right-of-way. Across the ROW is a parcel owned by F. & S. Pecht, zoned B-1. Parcel ID # 64-((A))-5 Elk Club of Winchester P. O. Box 25 Winchester, VA 22604 Parcel ID # 64-((A))-10 June H. Russell 740 Front Royal Pike Winchester, VA 22602 Parcel ID # 64-((A))-72, 73, 80 Calvary Church of the Brethren 417 Bufflick Road Winchester, VA 22602 Parcel ID # 64-((A))-9E Fred L. Glaize, Jr. P. O. Box 888 Winchester, VA 22604 page 2 IMPACT ANALYSIS STA&'IENT PARCEL ID: 64B-((A))-9 aWPARCEL ID: 64B-((A))-9A Parcel ID # 64B-((A))-8 William R. Mitchell 137 Garber Lane Winchester, VA 22602 Parcel ID #64B-((2))-3 Fred K. and Sandra Pecht 485 Front Royal Pike Winchester, VA 22602 The area surrounding the subject property is identified in the Comprehensive Plan for commercial growth. Overall, the area is steadily changing to commercial uses including retail and general office. Commercial development of the property may have adverse impacts on the adjoining properties. Impacts could include noise, dust, and glare from site lighting. Impacts resulting from commercial development of the property will be mitigated by the application of a landscaping and screening buffer required to be located between residential land zoned RA and future commercial development on land zoned B2. C. TRAFFIC The site is less than one mile from the intersection of Route 522 and Route 50. This intersection is immediately adjacent to Interstate 81. The 1997 Comprehensive Plan classifies Route 522 as a major arterial road. Route 522 at the site is a five lane road with dual lanes in each direction and a center turn lane. Traffic data from the Virginia Department of Transportation for nearby roads is somewhat dated. A 1995 count records 31,400 trips on Route 50 at Interstate 81. A 1994 count records 8,000 trips on Route 522 at Route 644. Route 644, Papermill Road, is approximately 1.5 miles south of the site. A 1990 count records 10,295 trips between 7 A.M. and 7 P.M. on Route 522 at Route 50. An estimate of current traffic on Route 522 at the site would be 12,000 to 13,000 trips per day. In the 1997 Comprehensive Plan a general road plan for the eastern portion of the county has been prepared for arterial and collector roads. The plan does not identify specific locations and alignments for ftiture roadways, but is intended to show the connections which should be made between various locations and routes. The Eastern Road Plan illustration shows a proposed Major Collector road between Route 50 and Route 522. The Route 522 connection is shown in close proximity to the subject site. In addition, preliminary road plans generated for the county show a potential alignment for this collector road to be located near the eastern property line of the subject property. Traffic impacts as a result of commercial development of this property can be estimated by assuming the most intensive usage of the site. In this case, the most intensive usage will be some type of retail activity where vehicle trips experience intermittent peaks during specific times. Vehicle trips are herein estimated using the ITE Trip Generation Manual, Fifth Edition for the category of "014-Specialty Retail Center". According to the Frederick County impact model, the property could contain up to 240,657 square feet of retail space. Traffic impacts can be based on the area of potential retail space. For the purposes of this report, trip ends will be estimated from the ITE Manual based on 1000 square feet of gross leasable area as follows: Average Vehicle Trip Ends -Weekday: 40.67 x 240.7 = 9,787 Average Vehicle T71p Ends-A.M. Peak Hour: 6.41 x 240.7 = 1,543 Average Vehicle Trip E, nds-P.M. Peak H0Z17': 4.93 x 240.7 = 1,186 page 3 IMPACT ANALYSIS STA' NT PARCEL ID: 64B-((A))-9 aARCEL ID: 64B-((A))-9A • Avel•age Vehicle Trip Ends -Saturday: 42.04 x 240.7 = 10,117 Average Vehicle T7-ip Ends -Sunday: 20.43 x 240.7 = 4,916 The generation of over 10,000 trips per day from a 240,000 square foot retail center would have a significant impact on traffic movement on Route 522. The developer of such a project would have to provide improvements to the road infrastructure as required by the Virginia Department of Transportation. Improvements could include signalization, additional turn lanes, and perhaps the construction of a portion of the proposed connection between Route 50 and Route 522. These issues would have to be addressed during the site planning process. D. SEWAGE CONVEYANCE AND TREATMENT There are currently public sewerage facilities available to serve the site. An 8" diameter sanitary sewer line runs in an easement in the adjacent parcel to the south. The sewer is generally located within the right-of-way of Premier Place. Please see Exhibit 3. Sewage flows from general retail space may amount to 200-300 gallons per day per 1000 square feet. The projected flow generated from 240,657 square feet is 48,131 gpd or approximately 0.074 cfs. Sewage from the site will be treated at the Opequon Water Reclamation Facility. E. WATER SUPPLY There are currently public water facilities available to serve the site. The Frederick County Sanitation Authority has an 8" diameter water main running approximately 500 feet into Parcel 9. F. DRAINAGE The site is located at the high point of the local watershed. Drainage generally runs to the east to Sulphur Spring Run and to the south to Buffalo Lick Run. Recent improvements to Route 522 have included the installation of drainage structures which will collect the runoff which flows in the eastern direction. There are no permanent or intermittent streams on or near the site. An increase in storm water runoff can be expected with any development on the parcel. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165. It is anticipated that a detention facility will be constructed near the southern boundary of the property to serve the majority of the site. Runoff from the eastern portion of the site may be handled by the Route 522 drainage improvements. G. SOLID WASTE DISPOSAL FACILITIES The nearest solid waste transfer facility is located at the Frederick County Landfill approximately 3 miles to the northeast on Sulphur Spring Road. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by a retail development can be estimated based at 1000 pounds per day for the entire retail operation. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal needs can be estimated by: page 4 IMPACT ANALYSIS STA&VIENT • PARCEL ID: 64B-((A))-9 a . PARCEL ID: 64B-((A))-9A cost = cost per Ion of haste x tonnage $10,950. 00 = $60. 00 x (1000 lbs) x (112000 Ibs/ton) x 365 days/year H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest recognized battlefield associated with the Civil War would be the Second Battle of Kernstown located approximately one mile west of the site. The Rural Landmarks Survey Report identifies several structures withing the proximity of this site as depicted on Exhibit 4. The Rosenberger Farm (34-430) and the Russell Place (34-431) are identified as potentially significant historic resources. The proximity of the 11.2662 acre site proposed for rezoning will not create a negative impact to these potentially historic resources. I. COMMUNITY FACILITIES ED UCA TION No impacts to education facilities are anticipated. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Greenwood Fire and Rescue Company No. 18 located approximately 4.0 miles to the northeast on Senseny Road. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that the projected new capital costs for emergency service facilities attributable to this development is $7,798.24. PARKS AND RE, CREA TION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $0.00. J. OTHER IMPACTS Interviews with county staff indicate that no additional impacts are required to be addressed. page 5 IMPACT ANALYSIS STA&MENT • PARCEL ID: 64B-((A))-9 a PARCEL ID: 64B-((A))-9A IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 SITE LOCATION I EXHIBIT 2 PROPERTY MAP 2 EXHIBIT 3 SITE MAP 3 EXHIBIT 4 HISTORIC STRUCTURES 4 EXHIBIT 5 FISCAL IMPACT MODEL 5 EXHIBIT 6 CURRENT TAX STATEMENT 6 EXHIBIT 7 PROPERTY DEED 7 EXHIBIT 8 PROFFER STATEMENT 8 page 6 indliei [gr tj F( AP r an 17* o r T•r B M Wfe )G� - *V0 �J* INFER l5ing,- en ilaff*'- 9.z I Sch N 11-0 h 17- '71 X 771 Wrs Valle ]Golf Cl f 0 -w Winche irport + '10 BM 712/, 0 1- 7,26 -tp 7.?J afl 5:z�zoo-J\A PROJECT: DATE: 01-18-99 PAINTER-LEWIS, P.L.C. SITE LOCATION SURVEY: RITCHIE 302 South Braddock Street, Suite 200 A PROPOSED REZONING DRAWN: JCL EXHIBIT: I- 2000' Winchester, \ArgInla 22601 Telephone (540)662-5792 PARCEL 64�ZQ-g & 9A SCALE: C.I.: = no Facsimile (540)662-5793 FREDERICK KN, VIRGINIA JOB NO.: 9711022 PAINTER-UMS, P.L.C. 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 . $. U A PROPOSED REZONING PARCEL 64- (At9 & 9A FREDERICK COUNNTTYY, VIRGINIA DATE: 01-18-99 SURVEY: RITCHIE DRAWN: JCL EXHIBIT: SCALE: no C.I.: no 2 JOB NO.: 9711022 0 • INTERSTATE 81 IN 22'57'38" E 867.10' w THE ELK CLUB OF WINCHESTER, INC. D.B. 719, PG 309 \ \ s >>2�e' D.B. 753, PG 1352 4�01.2. N PIN=64-A-5 W USE: COMMERCIAL ZONED:B2 JUNE H. RUSSELL D.B. 231, PG 70 N 49. PIN=64-A-10 N 49'43'53" E �0 USE: PASTURE 378.00' w ZONED:RA rr� h N L9 � I I - N 3 J LO I l r O D rnLp � 'd O al CALVARY CHURCH OF THE BRETHREN jj 11.2662 AC. o m C.W. WILSON D.B. 328, PG 681 WILSON TRUCKING CO. D.B. 280, PG 84 & 87 I I D.B. 389, PG 653 D.B. 485, PG 464 z PIN=64-A-7 PIN=64B-A-72, 73, & 80 1m USE: TRUCK TERMINAL USE: CHURCH o ZONED:M2 ZONED: RP EX. 20' WATER L7 1 EX. 8" EASEMENT SAN. SEW. DB 719, PG 139 I ; , EX. SAN. SEW. & WATER EASEMENT I EX. SAN. SEW. & D8 671. PG 470 L1 WATER EASEMENT EX. 8" �; - DB 671, PG 470 SAN. SEW. L5 � . L3 t o B• SPr1• k4 KDG, LC PIN=64B-A-29 &30 L6 N73'28'42"W 100.00' 199 Barr House(i-liouse) 424 Garber rarm(Cederal style) 427 Calvary Church of the Brethren(Reconstruction-church) 430 Rosenberger rarm(Reconstruction-agriculture) 431 Russell Place(I-Douse) 459 House, Route 522(Hall-Parlor) 460 [louse, Route 522(Cralisman) 461 Moreland's Stop & Shop Grocery(WWI-commerce) 462 Pingley I-Iouse(Reconstruction-agriculture) 463 Store, Route 522 at Old Route 645(WWl-commerce) 464 Beaver House 465 Gothic Revival Cottage, Beaver Property PAINTER-LEWIS, P.L.C. 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 HISTORIC STRUCTURES A PROPOSED REZONING PARCEL 64—((A)r9 I I FREDEMCKCOUNTY vIRGINu DATE: 01-18-99 SURVEY: RITCHIE DRAWN: JCL EXHIBIT: SCALE: no C.I.: no 4 JOB NO.: 9711022 JAN-.21 -95 THU 11 : 22 FP.EDF_R I Gk: C O HTY 1 5406720682 - - ------------ ----------------------- -- --W OUTPUT MODULE Net Credit fo Fiscal Taxes to Capital Impact Capital Net Costs credit Costs IrnA" Fire Department $264 $1,177 $22� Rescue Department $1,135 Elementary Schools $0 Middle Schools $0 High Schools $0 Parks and Recreation sQ TOTAL $1,400 FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions NOTES: Model Run Date 01/21/99 EAW $429,488 $0 52U4 U $6,426,676 $456,195 $0 $7,798.24 P.I.N. 64-A-9 & 9A Rezoning: Assumes 240,657 sq.ft. retail on 11.26622 acres of E2, Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. P. 01 • u IFAM IMCAND lua • "C""s w.wen ,r w vwoutti .�„r sn136P00086 THIS DEED, made and dated this LZ- day of January, 1990. by and between MICHAEL A. BARBERIO and JAMIE L. BARBERIO, his wife, hereinafter called the Grantors: and JASBO, INC., a Virginia corporation and FRED L. GLAIZE. III, hereinafter called the Grantees. WITNESSETH: That for end in consideration of the sum of Ten Dollars (i10.00), cash in hand paid and other valuable considerations paid the Grantors by the Grantees on or before the delivery of this deed, the receipt of all of which is hereby acknowledged, the Grantors do hereby grant, sell and convcf. with general warranty and with English covenants of title, unto the Grantees, in fee simple, the following real estate, together with all improvements and appurtenances thereto belonging but subject to ell easements and legally enforceable restrictions and reser- vations of record affecting such realty: All of that certain parcel of land, lying and being in Shawnee Magisterial District, Frederick County, Virginia, known as Parcel B. containing 5.943 acres, more or less, including a 20-.foot existing right-of-way providing ingress and egress to and from the adjoining lot or parcel aircady held by the Grantors herein, and as shown on that certain survey drawn by H. Bruce Edens, C.L.S., by this reference made a part hereof, and pre- viously recorded in Deed Book 601 at Page 60 among the land records of Frederick County, Virginia, and being the same property which was conveyed to the Grantors herein by deed dated March 30, 1987 and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Dead Book 642. Page 864: AND All of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, lying and being situate in Shawnee Magis- terial District, Frederick County, Virginia, containing 5.323 Acres, together with a 20 ft, appurtenant right of way for ingress and egress to and from the subject property, all as is shown on that certain survey, drawn bj N Bruce Edens, C.L.S., dated AuguaL 28, 1985: and being the same property conveyed to the Grantors herein by deed dated September „ 1985 and recorded in the afnresaii Clerk's Office In Deed Book 601, Page 057. WITNESS the following cip.aatures and seals: 0 i I, BX736P00081 I I . � (SEAL) BERERIO 1 CNAEL A. BARB tL —/ " " • _(SEAL) t f i E L. ARBP.RIO, by George G. Smarr., Jr., her attorney -in -fact 1 STATE OF VIRGINIA City/rkont of to -wit: The foregoing instrument was acknowledged before ■e this r^�n day of January, 1990, for Janie L. Barberio by George G. Smarr, Jr., her attorney -in -fact. """ My commission expires 1/llZ�u[-tA.J 4' l29.Z Idlf ery Public 41 f STATE OF VIRGINIA City/6emety of to-vit: The foregoing instrument was acknowledged before ■e this •Lail.Nday of January, 1990. by Michael A. Barberio. My commission expires tart' Fublic 5t C i VIRGINIA. FREDERICK COUNTY, SCT. This instru nt of wnt' g was produced to me on the and w1h c., r i 1 cknowlodCmart V' 4 cto onrw:ced was a r: ,:.,. s d. 'fax Imporc� I:. ':.:. 5354.1 d and 53-54 have been F .;J , r asscssabia. K.LM PY•. 1e[Y•L!� • •OG[�MM •lNM1, M w1 2 I 0 COUNTY of FREDERICK Office of Treasurer P.O. Box 225 Winchester, Virginia 22604-0225 540/665-5607 FAX 540/662-5838 C. William Orndoff, Jr., CGT County Treasurer February 8, 1999 Mr. John Lewis Painter -Lewis 302 S. Braddock St. Winchester, VA 22601 Dear Mr. Lewis, Judith K. Malone Deputy Treasurer R. Wayne Corbett, CGDT Deputy Treasurer for Compliance According to our records, on property ID# 64-A-9 & #64-A-9A, the taxes for 1998 and prior years are paid. If you have any questions regarding this matter, please contact our office. Thank you, Lisa M. Chisholm Collections Assistant 107 NORTH KENT STREET • WINCHESTER, VIRGINIA 22601 C COUNTY of EREDERICK � Department of Planning and Development ® 540/665-5651 °173s` FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: December 2, 1999 The amount of $25.00 was deposited in line item #10-1911-08 for the business named below as a deposit for a sign for Rezoning Application #10-99 the Jasbo Rezoning. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: JASBO, Inc. P.O. Box 888 Winchester, VA 22604 RSA/kac 107 North Kent Street - Winchester, Virginia 22601-5000 iursday, April29, 1999 OUN'TY of FRFDFRICK TION that ran on i 28th for :heduled on ie Frederick Dommission; 9-99 of e property Hers should G-A-9A. apartment of Planning and Development -eet • Winchester, Virginia 22601-5000 ine: 540/665-5651 FAX: 540/678-0682 STOW Date: April 28, 1999 Number of Pages (including cover sheet) 1 ''s paper for the Frederick County May 5 is still incorrect. The hursday was not made on today's version CORRECTION In the public notice that ran on Wednesday, April 21 st for Public Hearing scheduled on May 5, 1999 for the Frederick County Planning Commission - Rezoning #09-00*;Ol Jasbo/Glaize, the property identification numbers should read as follows: 64-A-9 and 64-A-9A. S4a 4 .� 64-4-9 4#rof.. 6, PLEASE RUN THE CORRECTION AGAIN From the desk of: Carol Cameron CORRECTION In the public notice that ran on Wednesday, April 21st for Public Hearing scheduled on May 5, 1999 for the Frederick County Planning Co fission; Rezoning #09 of Jasbo/Glaize, the property identification numbers should read as follows: 64-A-9 and 64-A-9A. f'%; —5^ . 4^2.Z'cl9 `r a 0 0 FAX TRANSMISSION FREDERICK COUNTY PLANNING DEPARTMENT 107 North Kent Street Winchester, VA 22601 (540) 665-5651 Fax: (540) 678-0682 To: John C. Lewis Date: March 25, 1999 Fax #: (540) 662-5793 Pages: 3, including this cover sheet. From: Evan A. Wyatt Subject: Rezoning Impact Analysis & Proffer Statement Review for P.I.N. 64-A-9 & 9A COMMENTS: John: Please advise Tim that I prepared these comments after I ate lunch as requested. Please contact me if you have any questions regarding this information. We will mail the original to your attention tomorrow. Have a good day! UAEvan\Common\FAX\LE W I5. FAX COUNTY of FRED i RICK Depailment of Planning and Development 540/665-5651 FAX: 540/678-0632 March 25, 1999 Painter -Lewis, P.L.C. Attn: John C. Lewis, P.E. 302 South Braddock Street, Suite 200 Winchester, VA 22601 RE: Review of Rezoning Impact Analysis and Proffer Statement for P.I.N. 6413-A-9 & 9A Dear John: I appreciate the opportunity to review the referenced items prior to your formal submittal of the proposed rezoning application. My comments and recommendations are as follows: 1) The Introduction of your Impact Analysis references various items within the Comprehensive Policy Plan; however, it does not acknowledge that the property is located within the boundary limits of the Route 50 East Land Use Plan. You should include this and state what the elements of the land use plan are for this general area. 2) The Introduction ofyour Impact Analysis states that primary access to this site would be from Premier Place. Exhibit 3 demonstrates the current location of this road; however, it does not demonstrate how this access will occur. This exhibit needs to be modified for this purpose, and more detail needs to be provided as to the how the current owner will provide access, as well as the timing for continuation and the construction of this access. It would be appropriate to include this in the proffer statement so these conditions would be binding upon a subsequent property owner. It would also be desirable to have the existing 62-foot entrance eliminated, as it appears it will not be adequate for commercial, retail, and office access. This could also be accomplished in the proffer statement. 3) The Route 50 East Land Use Plan calls for the provision of traffic signalization in the immediate area of this rezoning proposal. This is an issue that will need to be addressed by the applicant during the rezoning process. The last paragraph of the Traffic section of your Impact Analysis references potential improvements which could be required by VDOT. It would be appropriate to include this language in the proffer statement to ensure conformance with the adopted land use plan. I would recommend that you consider a pro-rata cost share for traffic signalization if your client is willing to proffer these conditions to ensure that the cost associated with signalization is equitable. 107 North Kent Street - Winchester, Virginia 2260I-5000 i ! Lewis Letter Page -2- March 25, 1999 4) The last sentence of the Historic Sites and Structures section of your Impact Analysis states that the Rural Landmarks Survey lists several historically significant sites and structures within one mile of the site. I would recommend that this be rewritten to state that the Rural Landmarks Survey identifies several structures within the proximity of this site as depicted on Exhibit 4. The Rosenberger Farm (34-430) and the Russell Place (34-431) are identified as potentially significant historic resources. The proximity of the 11.2662-acre site proposed for rezoning will not create a negative impact to these potentially historic resources. 5) The proffer statement needs to incorporate specific language in the introductory paragraph that is consistent with the provisions of the Code of Virginia. This standard language is as follows: Pursuant to Section 15.2-2296 Et Seq., of the Code of Virginia, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of acres from the District to the District, development ofthe subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with said code and zoning ordinance. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. I hope that the comments and recommendations in this letter provide assistance to your work on this project. Please note that the application submittal deadline for the May 5, 1999, Planning Commission is Friday, April 9, 1999. Please contact me if I may answer any questions regarding this information. Sincerely, Ld r. Evan A. Wyatt, AISP Deputy Director EAW U:\Evan\Common\REVIEW S\RezoninglmpactAnalysis&Prof£erStatementReviewForPIN64B-A-9&9A.wpd '1 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 1 I ifIFICNflONI OF PUB 1C HEARING May 12, 1999 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #09-99 OF JASBO/GLAIZE On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on Wednesday, May 26, 1999 at 7:15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #09-99 of Jasbo/Glaize, submitted by Painter -Lewis, P.L.C., to rezone 11.2662 acres from MH1 (Mobile Home Community) to B2 (Business General). This property is located on Front Royal Pike (Rt. 522), approximately .73 miles south of Millwood Pike (Rt. 50), and is identified with Property Identification Numbers 64-A-9 and 64-A-9A in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/cc 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that t e tached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Vir i 64 - A- - 8- LEE, DENNIS E & BONITA D 64 - A- - 5- ELKS CLUB OF WINCHESTER, INC PO BOX 25 WINCHESTER, VA 22604.0025 64 - A- - 10- RUSSELL, JUNE H 740 FRONT ROYAL PIKE WINCHESTER, VA 22602-4407 64 - A- - 72- COLLINS, J W HARVEY 417 BUFFLICK RD dv WINCHESTER, VA 22602-4549 64 - A- - 9-E GLAIZE, FRED L RESIDUAL TRUST PO BOX 2077 WINCHESTER, VA 22604-1277 64B - 2- - 3- PECHT, FRED K & SANDRA 485 FRONT ROYAL PIKE WINCHESTER, VA 22602.7321 STATE OF VIRGINIA COUNTY OF FREDERICK 474 FRONT ROYAL PIKE WINCHESTER, VA 22602-7315 64 - A- - 9-13 DUBRUELER,STEVEN A 1682 S PLEASANT VALLEY RD WINCHESTER, VA 22601-4483 64 - A- - 9-C GLAIZE & BROTHERS PO BOX 2077 WINCHESTER, VA 64 - A- - 9-D WILLIAMS, MARY 133 PREMIER PL WINCHESTER, VA 64B - A- - 30- KDG, LC 22604-1277 JUNE AIKENS 22602.4321 302 S BRADDOCK ST STE 10 WINCHESTER, VA 22601-4045 Evan A. Wyatt, De y irector Frederick Co. Plann g Dept. I, 6Effi onn OCA � 1 , a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated `�_ I J - G -1 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of i 1 �Q_x j qq 9 My commission expires on RbaAQaA a t+_L_�kw ARY PUBLIC 64B - 2- - 2- BREEDEN, COLIN ORVILLE 491 FRONT ROYAL PIKE WINCHESTER, VA 22602-7321 64B - 2- - 1- HELSLEY, ROGER LEE 497 FRONT ROYAL PIKE WINCHESTER, VA 22602.7321 Calvary Church of the Brethren c/o Emory G. Eby 578 Front Royal Pike Winchester, VA 22602-7316 PAINTER-LEWIS, P.L.C. 302 S. Braddock Street, Suite 200 Winchester, VA 22601 r • 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 ]FAX: 540/ 678-0682 l I Cif IFIrA fI )'r April 21, 1999 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #09-99 OF JASBO/GLAIZE On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on Wednesday, May 5, 1999 at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning 909-99 of Jasbo/Glaize, submitted by Painter -Lewis, P.L.C., to rezone 11.2662 acres from MH1 (Mobile Home Community) to B2 (Business General). This property is located on Front Royal Pike (Rt. 522), approximately .73 miles south of Millwood Pike (Rt. 50), and is identified with Property Identification Numbers 64-A-9 and 64-A-9A in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application will be available for review at the Handley Library approximately one week prior to the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia. Sincerely, Evan A. Wyatt Deputy Director EAW/cc 107 North Kent Street • Winchester, Virginia 22601-5000 r.. r This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick Coun rginia: 64 - A- - 9-B DUBRUELER, STEVEN A 64 - A- - 5- 1682 S PLEASANT VALLEY RD ELKS CLUB OF WINCHESTER, INC WINCHESTER, VA 22601-4483 PO BOX 25 WINCHESTER, VA 22604.9025 64 - A- - 9-C 64 - A- - 10- GLAIZE & BROTHERS RUSSELL, JUNE H PO BOX 2077 740 FRONT ROYAL PIKE WINCHESTER, VA 22694.1277 WINCHESTER, VA 22602-4407 64 - A- - 9-D 64 - A- - 72. WILLIAMS, MARY JUNE AIKENS COLLINS, J W HARVEY 133 PREMIER PL 417 BUFFLICK RD WINCHESTER, VA 22602.4321 WINCHESTER, VA 22602.4549 64B - A. - 30. 64 - A- - 9-E KOG, LC GLAIZE, FRED L RESIDUAL TRUST 302 S BRADDOCK ST STE 10 PO BOX 2077 WINCHESTER, VA 22601.4045 WINCHESTER, VA 22604.1277 64B - 2- - 2- 64B - 2- - 3- BREEDEN, COLIN ORVILLE PECHT, FRED K & SANDRA 491 FRONT ROYAL PIKE 485 FRONT ROYAL PIKE WINCHESTER, VA 22602.7321 WINCHESTER, VA 22602.7321 W' VtuCd 64 - A- - 8- LEE, DENNIS E & BONITA D ( � x-L�' L1 . A - 474 FRONT ROYAL PIKE Evan A. Wyatt, Depu Director WINCHESTER, VA 22602.7315 Frederick Co. Plannin Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County afores id, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated aa , l ' n , has personally appeared before me and acknowledged the same in my S ate and Cou ty a oresaid. Given under my hand this MIA)-, day of My commission expires on j rd q joc� TARY PUBLIC 1 -1 64B - 2- - 1- HELSLEY, ROGER LEE 497 FRONT ROYAL PIKE WINCHESTER, VA 22602.7321 PAINTER-LEWIS, P.L.C. 302 S. Braddock Street, Suite 200 Winchester, VA 22601 • APPLICATION FOR REZONING Pi JAsso 91C2.otJ10C- 64Ci-A-9 -� 9A 4 1 a 199 Suety "'1. FREDERICK COUNTY, VIRGINIAJ +11 , -2, In order to rezone a parcel of land in Frederick County, an application for rezoning must be submitted to the Department of Planning and Development. It is the responsibility of the applicant to gather all information and materials that make up the application. Rezonings are ultimately approved or denied by the County Board of Supervisors. This package contains instructions which must be must be followed in order to complete an application. It is important to read these instructions carefully. Ifyou have questions or need assistance, please contact the Department ofPlanning and Development at (540) 665-5651. Application Materials The following materials must be submitted to the Department of Planning and Development. 4. A completed application form (the form is attached). 6. A survey or plat of the entire parcel with the location of all proposed zoning boundary lines. A. A copy of the deed to the property verifying current ownership. This may be obtained from the Frederick County Clerk of the Circuit Court at the Joint Judicial Center, 5 North Kent Street, Winchester. ✓4. A statement verifying that taxes have been paid. This may be obtained from the Treasurer's Office at 107 North Kent Street, Winchester. ✓5. A complete listing of adjoining property owners, including addresses and property identification numbers. These can be obtained from the Office of the Commissioner ofRevenue, Real Estate Division, 107 North Kent Street, Winchester. A. Impact analysis statement. Information concerning the projected impacts of the proposed rezoning following the specifications beginning on Page 5. ✓7. Proffer Statement. Specific conditions to be volunteered as part of the application. See explanation and instructions on Page 10. G)Completed agency comment sheets. Comments sheets are attached. It may not be required that all comment sheets be completed Check with the Department of Planning and Development to determine which comment sheets are applicable. Camay Aroe.acy ✓9. Fees. There is a $550 base fee plus $35 per acre and a $25 deposit for a public hearing sign. Checks should be made payable to "Treasurer of Frederick County." 1 PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS Tel.: (540) 662-5792 302 South Braddock Street, Suite 200 Fax.: (540) 662-5793 Winchester, VA 22601 April K, 1999 Mr. Evan Wyatt Duputy Planning Director Frederick County Planning Dept. 107 N. Kent St. Winchester, VA 22601 Dear Mr. Wyatt: Please find enclosed, a Rezoning Application, a plat of the entire parcel, a copy of the deed to the property, a copy of the statement verifying that taxes have been paid, a complete list of adjoining property owners, an Impact analysis statement, a Proffer statement, copies of the completed agency comment sheets, and a check for submission fees for the proposed rezoning property on U.S. Route 522, .73 miles South of U.S. 50. Please contact this office if you have any questions or concerns. Sincerely, Monica Butts Office Assistant Enclosures RECEIVED APR 0 8 1999 DEPT, OF PLANNING/DEVELOPMENT SIGN HERE i