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Home My WebLink About001-99 K&M Enterprises - Stonewall - Backfile (2)CASH JJ $ i DateRECEIPT W > z UU � Y z 0 U� ui r- Received From Address r r� c-drko Q, �W$ For 00 • AMT OF ACCOUNT (i • CASH /gyp AMT PAID CHECK �jJa BY "" BALANCE DUE MONEY ORDER REZONING TRACKING SHEET Date /*- -- Cl 9 Application received/file opened 1- tj 9 9 Reference manual updated/number assigned I,,,' D-base updated 1, JS, 22 &Qk, File given to office manager to update Application Action Summary Four sets of adjoiner labels ordered from data processing 40 color maps ordered from Mapping & Graphics PC public hearing date ACTION: l�eCoMM�h�� Apyr a� -14 - 9 9 BOS public hearing date ACTION: Z ,L5 -'l i Signed copy of,,solution 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.) - s q Action letter mailed to applicant VZ Reference manual and D-base updated p ot5� File given to office manager to update Application Action Summary (final action) OZ 01 - OPI (& Other notes: File given to Mapping & Graphics to update zoning map Zoning map amended U \Carol\Common\trackmg.rez 0 0 FILE COM COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 February 25, 1999 Mr. and Mrs. K. B. Walls 1207 Cedar Creek Grade Winchester, VA 22602 RE: REZONING APPLICATION #01-99 OF K & M ENTERPRISES; PIN 54-A-50 Dear Kim and Marietta: This letter serves to confirm action taken by the Frederick County Board of Supervisors in regular meeting on February 24, 1999. The Board approved your request to rezone 0.60 acres from RP (Residential Performance) to B2 (Business General), identified as PIN 54-A-50 in the Stonewall Magisterial District. 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, (LICL l Evan A. Wyatt Deputy Director EAW/cc Enclosure cc: Greenway Engineering Charles Orndoff, Stonewall District Supervisor Jane Anderson, Real Estate Steve Melnikoff, VDOT* Dennis Linaburg, Fire Marshal* (*copies of proffers enclosed) 01Agendss\APPR_DEN1TR\K&M Enterprises.REZ 107 North Kent Street - Winchester, Virginia 22601-5000 PC REVIEW DATE: BOS REVIEW DATE: REZONING APPLICATION #01-99 K & M ENTERPRISES To rezone 0.60 acres from RP (Residential Performance) to B2 (Business General) LOCATION: This property is located on the west side of Martinsburg Pike (Route 11 North), across from Brooke Road (Route 1328). MAGISTERIAL DISTRICT: PROPERTY ID NUMBER: 54-A-50 PROPERTY ZONING & PRESENT USE: Zoned: RP (Residential Performance) District ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned RP, Residential Performance District B2, Business General District South: Zoned B2, Highway Commercial District Zoned M1, Light Industrial District Zoned RP, Residential Performance District LR, Low Density Residential District HR, High Density Residential District PROPOSED USE: REVIEW EVALUATIONS: Land Use: Residential Residential Weber's Nursery Bank; Strip Mall Ft. Collier Ind. Park Star Fort Estates Single -Family Res. Multi -Family Res. Virginia Dept. of Transportation: No objection to rezoning of this property. Before development, • 0 REZ #01-99, K & M Enterprises Page 2 February 16, 1999 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 and 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: Plan approval recommended. Sanitation Authority: No comment. County Engineer: 1) Verify the adequacy of the on -site drop inlet and associated drainage culvert prior to initiating a site plan. 2) Except for the above comment, we have no other objection to the proposed rezoning. City of Winchester: How is impact on future extension of Brooke Road being addressed? County Attorney: Once signed by owners, appears proper. Question `the dedication' of easement for buffer Frederick County. Planning & Zoning_ 1) Site History The original Zoning Map for Frederick County depicts this property as R-1, Residential Limited District (U. S. G. S. Winchester Quadrangle). This zoning classification was amended to RP (Residential Performance) District when the RP District replaced the R-1, R-2, R-3 and R-6 Districts on September 28, 1983. 2) Location The 0.60 acres proposed for rezoning is located in the county's Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The property has frontage on Martinsburg Pike (Route 11 North) and is situated at a signalized intersection across from the Fort Collier Industrial Park. 3) Site Suitability The site does not contain environmentally sensitive areas, nor does it possess potentially significant historic resources. The most significant historic resource within the proximity of this site is Fort Collier; however, the development of this property would not compromise the • 0 REZ #01-99, K & M Enterprises Page 3 February 16, 1999 viewshed from this historic resource. The site has frontage on Martinsburg Pike (Route 11 North), which is classified as a major arterial road in the Comprehensive Policy Plan and is capable of being served by public water and sewer from the City of Winchester Public Utilities Department, 4) Potential Impacts and Issues a) Site Access The applicant's traffic impact analysis statement demonstrates an increase in traffic attraction to this site as a result of commercial development. This increase in traffic and change in land use creates the potential for traffic stacking near the signalized intersection for vehicles making left turn movements. Therefore, it would be prudent for the applicant to utilize a shared entrance for this site with the adjoining property immediately south which is the site of the Winchester Animal Hospital. The Winchester Animal Hospital site is owned by the applicant of this rezoning request; therefore, this entrance could be easily accommodated which would allow for access into the site at a signalized intersection. b) Winchester Area Transportation Study The WATS calls for the continuation of a collector road that would extend Brooke Road from Martinsburg Pike (Route 11 North) to North Frederick Pike (Route 522 North). Although the WATS is not property -specific, the plan suggests that this extension should be at a cross intersection with Brooke Road; therefore, this property could be potentially impacted by this future improvement. Meetings with the City of Winchester Planning Director, staff, and the applicant's engineer have resulted in all parties agreeing that this future road extension will impact this property, residential areas along Locust Street in the City of Winchester, and an undeveloped tract of land that is zoned for commercial use in the county. All parties also agree that the applicant should accommodate future right-of-way needs for this road extension, but should not be required to construct the road segment at this time. c) Fire and Rescue Services The Capital Facilities Impact Model was applied to this rezoning proposal. The results of the model run demonstrate a negative fiscal impact to Fire and Rescue Services for capital facilities costs. 0 • REZ #01-99, K & M Enterprises Page 4 February 16, 1999 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 limit access to this site to one commercial entrance and provide improvements to the road system as warranted by VDOT, to provide a sixty - foot right-of-way for the future extension of Brooke Road on a future site development plan which will require approval by the City of Winchester and Frederick County, and to provide a monetary contribution for Fire and Rescue Service capital facilities costs that slightly exceeds the impact amount demonstrated by the Capital Facilities Impact Model run. STAFF CONCLUSIONS FOR 02/03/99 PLANNING COMMISSION MEETING: The proposal to rezone 0.60 acres from residential to commercial land use conforms with the recommendations of the Land Use Chapter of the Comprehensive Policy Plan. The property can be adequately served by the existing infrastructure and will not create a significant negative impact to adjoining properties. The applicant's proffer statement mitigates the majority of the impact identified by staff, however, it is unclear if the proffer to limit access to one commercial entrance is intended to utilize a shared entrance with the adjoining property to the south. Staff believes that the applicant should address this issue to the satisfaction of the commission during the consideration of this rezoning proposal. PLANNING COMMISSION SUMMARY & ACTION OF 02/03/99: Members of the Commission were concerned with how the applicant's proffered commercial entrances would function with existing traffic patterns until future road improvements to Martinsburg Pike (Rt. 11) and the extension of Brooke Road occurred. The applicant explained that the entrance at the animal hospital would be closed and access would be moved further north, thereby providing them with one entrance on Route 11. The subject of the City's re-evaluating the FEMA National Flood Plain Maps was raised and if this would have any impact on the property in question. The applicant did not believe that this particular property would be in a flood zone area. No other issues were raised by the Commission. There were no citizen comments. The Commission unanimously recommended approval. (Note: Mr. Thomas and Mr. Wilson were absent from the meeting.) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINI , To be completed by Planning Staff.- Zoning Amendment Number -1 Date Received j - 6 - q 9 PC Hearing Date �, - 3 - q 9 BOS Hearing Date ;, -a4- 9Q 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: Greenway Engineering Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different than above) Telephone: (540) 662-4185 Name: K & M Enterprises Telephone. (540) 678-1628 Address: 1207 Cedar Creek Grade Winchester, VA 22602 3. Contact person if other than above Name: Mark D. Smith, P.E., L.S., Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 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: K & M En 6. A) Current Use of the Property: Residential B) Proposed Use of the Property: commercial 7. Adjoining Property: PARCEL ID NUMBER Please see attached USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): •- of MartinshiirR• .m Brooke 12 Ll 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 5 4 - ((A ))- 5 0 Districts Magisterial: Stonewall Fire Service: Millwood Sra r; on Rescue Service: Millwood Station High School: Middle School: _ Elementary School 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re uested 0.60 RP 0.60 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: Square Footage of Proposed Uses Multi -Family: Hotel Rooms: Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other: 13 0 • 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): �� .:. Date: Date: - Owner(s): s V Date: f �-' 1 �igU Date: 12-q c 14 • 0 County City 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 Michael S. Weber 937 Martinsburg Pike Winchester, VA 22601 Zone: B-2 , Use: Retail Pro erty � - - 8 Na'e Mar aree L. Washington 911 Martinsburg Pike Winchester, VA 22601 RP, Use: Residential Propertv ` 54- A -49 vd11e Omni --Zone: 112 N. Cameron Street Winchester, VA 22601 Zone: M-1 Use: Office Property u 54- A -81G Name Mar H. Mills 101 Star Fort Drive Winchester, VA 22601 Zone: RP Use: Residential Pro erty :� 54A- 2 -1 `lame Earl C. Harsh et ux 100 Star Fort Drive Winchester, VA 22601 Zone: RP, Use: Residential Pro erty = 54A- 2 -16 Name Vivian S. Swisher 1003 North Braddock Street Winchester, VA 22601 Zone: LR Use: Residential Property 4 114- 1 -157 Name Mar V. Davies et vir 1005 North Braddock Street Winchester, VA 22601 Zone: LR, Use: Residential Proeav�i 114- 1 -158 Name K & M Enterprises 901 N. Loudon Street Winchester, VA 22601 Zone: B2/HR, Use: Commercial Proertv= 134- 3 -36 Name Lawton M. Saunders et al 407 West Monmouth Street Winchester, VA 22601 Zone: HR Use: Multi-Famil Pro em_ - - Name Toan & Assoc. 360-2 McGhee Road Winchester, VA 22603 Zone: B-2, Use: Commercial Proem- 134- 5 -6 15 es. 1] City Name and Property Identification Number T Address Name F & M Bank - Winchester ce P.O. Box 2800 Winchester, VA 22604 Zone: B-2 Use: Commercial Property # 134- 6 -1 Name F & M Bank P. 0. Box 2800 Winchester, VA 22604 Zone: B-2 Use: Commercial Property # 134- 6 -2 Name Property # Name Property # Name Property# Name Property # Name Property # Name Property # Name Property # Name Property# Name Property# Name Property # Name Property # Name Property # Mw AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on February 3, 1999 BOARD OF SUPERVISORS: Approved February 24, 1999 THE ZONING DISTRICT MAP REZONING #01-99 OF K & M ENTERPRISES WHEREAS, Rezoning Application #01-99 of K & M Enterprises, submitted by Greenway Engineering, to rezone 0.60 acres from RP (Residential Performance) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Route 11 North) across from Brooke Road (Route 1328), and is identified with Property Identification Number 54-A-50 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on February 3, 1999; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on February 24, 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 0.60 acres from RP (Residential Performance) 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 #06-99 • 0 This ordinance shall be in effect on the date of adoption. Passed this 24th day of February, 1999 by the following recorded vote: James L. Longerbeam, Chairman W. Harrington Smith, Jr. Charles W. Orndoff, Sr. O:\Agendas\COMMENTS\REZONE\RESOLUIN\K&M Enterprises.RES Aye Richard C. Shickle Aye Margaret B. Douglas Aye Robert M. Sager A COPY ATTEST r � Jo Riley, Jr. Fre&x4ck County Administrator Aye Absent REZONING REQUEST PROFFER Property Identification Number 54-((A))-50 K & M ENTERPRISES Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve rezoning application 9 01-99 for the rezoning of approximately 0.60 acres from the Residential Performance (RP) zoning district to the Business General (B2) zoning district, development of the newly rezoned portion of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently 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. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successors, heirs, or assigns. The subject property is more particularly described as all of the land conveyed to K & M Enterprises by deed from Terri A. Cochran dated December 29, 1997 of record in the Office of the Clerk of the Circuit Court of the City of Winchester in Deed Book 285 at Page 1324, and more particularly described by a survey by L. Allen Ebert, L.S., dated April 30, 1992, of record in the Office of the Clerk of the Circuit Court of the City of Winchester, in Deed Book 253, page 431-432. AREA ZONED B-2 - 0.60 ACRES 1. INGRESSIEGRESS The subject property shall have no more than one entrance on Martinsburg Pike (U.S. Route 11). Signage, turn lanes, and signalization shall be installed as warranted and required by the Virginia Department of Transportation, and the City of Winchester. 2. BROOKE ROAD EXTENSION A sixty foot right-of-way shall be provided for the future extension of Brooke Road from Martinsburg Pike to North Frederick Pike. The location of this sixty foot right-of-way shall be depicted on the site development plan which will require approval by the City of Winchester and Frederick County. 3. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT The undersigned owners of the above -described property hereby voluntarily proffer that in the event rezoning application 9 01-99 is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia, at the time a building permit is issued for said property, the sum of $100.00 for fire and rescue services. • The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grant this rezoning and accept the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectful) Submitted: % B `2 Y� Kim Walls Commonwealth of Virginia Marietta Walls City/County of To Wit: The foregoing instrument was acknowledged before me this 01'k�3 day of \ e-ce 1998 by \4,',r,� \\S� No ary Pu ' c My Commission Expires Commonwealth of Virginia City/County To Wit: The foregoing instrument was acknowledged before me this +In day of 1998 by Notary Public My Commission Expires � �[' 31 , Rezoning Comments 4Grai��?�i1..•_� �.!'t:i7R�ict1`..i..-Yet;esic�91"Y53s£RtIdi.'..•a7�F1ti:n�i,::r:.izsi.� Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 4'E D is IDENCY -- Hand deliver to: Virginia Department of Transportation C j '''S Attn: Resident Engineer 1550 Commerce Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: K & N REZONING - West side of Martinsburg Pike, across from Brooke Road. Current zoning: RP Zoning requested B-2 Acreage: 0 .60 Virginia Department of Transportation Comments: 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 Manuat, Sixth all right-of-way needs, including right-of-way dedications, traffic signaliza -end a€€ site r-eadway improvement- and drainage Amy Unrk perfnrmpd nn 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 cover , i %• VDOT Signature & Date: November 2, 1998 Notice to VDOT - Please Return Form to ADolicant 20 1998 E7 NDS a VCZ 0 io RECEIVJJ OCT 2 7 1998 Rezoning Comments �eta�m�a�s�at• xs�st� �*�rv��s�� 7 : •.��rsa�ra^.a::uwraaa�^.�.. 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 Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Te!ephone: (540) 662-4185 Mai.ling Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: K & M REZONING - West side of Martinsburg Pike, across from Brooke Road. Current zoning: RP Zoning requested: B-2 Acreage: 0 .60 Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant T) COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.RZ98-0015 Date Received 10/27/98 Date Reviewed 11/14/98 Applicant Greenway Engineering Address 151 Windy Hill Lane Winchester, VA Project Name K & M Phone No. Type of Applicationrezoning Current Zoning RP 1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall Tax I.D. No. 54-A-50 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate Inadequate Not IdentifiedXX Fire Lanes Required Yes XX No Comments Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes No XX Plan Approval Recommended? Yes XX o Signature Title Rezoning Comments JrY 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 Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: K & M REZONING - West side of Martinsburg Pike, across from Brooke Road. Cu.-Tent zoning: RP Zoning requested: B-2 Acreage: 0. 60 Department of Public Work's Comments: s) Vty- % 1'l� Q �tiu acy b ►n s �k c11 hl c e1cs1 oc c 1�O.cUI C-.1 -f yT A 6L A k o a S L�PC 47 6q C o O Public Works Signature & Date: Notice to Dept. of Public Wor - Please Return This Form to the Applicant 21 OCT 2 '� }� Rezoniny, 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: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. :applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing address: 151 Windv Hill Lane Winchester. VA 22602 Attn: Ralph Beeman Location of property: K & M REZONING - West side of Martinsburg Pike, across from Brooke Road. Current zoning: RP Zoning requested: B-2 Acreage: 0 .60 Sanitation Authority Comments: A169 C0,1,& Sanitation Authority Signature & Date: 25 k- Rezoning Comments City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667-1815 0 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and.any other pertinent information. Applicant's Name: Greenway Engineering Telephone: (540) 662-418 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: K & M REZONING - West side of Martinsburg Pike, across from Brooke Road. Current zoning: RP Zoning requested: B-2 Acreage: 0 .60 Citv of Winchester's /C%mments: / .. G`lsz0 is' 1�-�-� �'�� GIN (-✓ r2S�S � City of Winchester's Signature & Date: LI- Notice to City of inchest r - Please Return This Form to the Applicant 29 Rezoning Comments Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia s i t'the'Coun A..: licant .Please;fill out>;the: information: as accu ately;;as. possiple:in order. to, a s s ty PP.:... :.::...:.:.. Attorneys office wrtli theu review: Atiach a copy of your application form, Vocation map, roffer statemen . m iact anal s►s :.and: an other ertmentlnformation Applicant's Name: Greenway Engineering Telephone: (540) 662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Attn: Ralph Beeman Location of property: K & M REZONING - West side of Martinsburg Pike, across from Brooke Road. Current zoning: RP Zoning requested: Ott A;I� - Assistant County Attorney's Signature & Date: B-2 Acreage: 0 . 60 f a hc� /Pr am:>:::::::,>;arit o ..........hc eturnTh once:;tg!C:aui�:ty'A:ftarney»�>please �.:..::.:.::.:.:::..::.......:...::.........:::. m UMpLao4 2UL%UMMCM4 PH(DIP C34v fn UN B C G2 mggqD-so C3 I I rC]i DOM a[E�7.oaoa2 LaPFUMUoa aanuaw 49 0oo Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Greenway Engineering • 0 Walls Impact Statement INTRODUCTION The subject property is located on the west side of U.S. Route 11 (Martinsburg Pike), across from Brooke Road. This site consists of a 2.49 acre parcel, and is split by the Winchester -Frederick County line. Out of this total area, 1.38 acres are within Frederick County, and are identified as tax map no. 54-((A))-50. Within the county's jurisdiction, the owners, Kim and Marietta Walls, propose to rezone 0.60 acres. The newly rezoned area would front on Martinsburg Pike and include the existing residence, (please refer to Appendix 5). The current zoning is "RP", and the proposed zoning is "13-2". This report has been prepared for the purpose of assessing the impact on Frederick County by this rezoning. This impact statement will refer to the entire 2.49 acre parcel as the "subject property", or the "subject site." The area to be rezoned will be referred to as "Parcel A". SITE SUITABILITY Flood Plains The subject site is located on FEMA NFIP maps #510173 0005 B, and #510063 0105 B. The site is located within a "ZONE C" area. No portion of the site is in a 100 year flood plain. Wetlands The National Wetlands Inventory Map does not indicate any wetlands on the subject site. Mature Woodlands There is a grove of trees around the existing residence on the subject property. These trees are greater than 12" in diameter and may classify as a mature woodland. During any site plan approval process, care will be taken to insure that the number of mature trees removed are within the limit permitted by ordinance. Soil Types Information for soil types on this site has been obtained from the Soil Survey of Frederick County, by the USDS Soil Conservation Service. There are two different soil types on the subject property. These soils are identified as Frederick-Poplimento loams, 7-15% slopes, and Frederick-Poplimento loams, 7- 15% slopes, very rocky. On Parcel A, the less rocky soil covers approximately two-thirds of the site nearest Martinsburg Pike, with the very rocky soil covering the remainder. Prime Agricultural Soils Approximately two-thirds of the soils on Parcel A are "moderately well suited" to cultivated crops, and are "well suited" to hay and pasture. The remaining one-third of Parcel A consists of soils that are "not suited" to cultivated crops, and are "poorly suited" to hay and pasture. Greenway Engineering Walls Impact Statement There are no steep slopes on Parcel A. Construction Concerns For the above referenced soil types, the Soil Survey lists the following factors as being limitations for community development: rock outcrops, clayey subsoil, high shrink -swell potential, low strength, moderately slow permeability, and slope. All of these factors can be easily dealt with by good site and building design and proper construction techniques. SURROUNDING PROPERTIES The following table lists the distances from the subject property to residences and other structures on surrounding properties: Property Identification No Distance from Building to Sub'ect Property ft Distance from Building to Parcel A ft Building_Type Zone County 54-A-48 180' 180' Plant nursery B-2 54-A-49 10' 10' Residence RP 54-A-81G >250' >250' Office M-1 54A-2-1 60' 265' Residence RP 54A-2-16 70' 250' Residence RP City 114-1-157 70' 290' Residence LR 114-1-158 70' 310' Residence LR 134-3-36 70' 145' Vet Clinic B-2 134-5-1 20' 195' Apartments HR 134-5-6 185' 265' Commercial's B-2 134-6-1 --- --- B-2 134-6-2 265' 330' Bank B-2 The enterprise nearest to the subject property is "Jake & Charlies Sports Club." This table shows that an adjoining residence, tax no. 54-A-49 is approximately 10' from Parcel A. A category "B" buffer is required, however, on Parcel A along the boundary with said adjoiner. This will result in the construction of a landscape screen and a 6' high fence along the adjoning boundary. The result is that the minimum distance between this adjoining residence and a structure on Parcel A will be 60'. This screening and distance buffer should be sufficent to reduce to acceptable levels the impact on the adjoining residence by noise or glare associated with business uses on Parcel A. This rezoning is not expected to create a negative impact on any neighboring businesses. Greenway Engineering • • Walls Impact Statement BASIS FOR DETERMINING IMPACT IM The subject property is currently zoned "RP". It is expected that Parcel A, with 0.60 acres, could be developed under an RP zone to include 5 dwelling units. All impacts for the proposed "B-2" zoning have been calculated using the maximum possible development density, which is 12,820 square feet of "retail space." For trip generation calculations, this has been interpreted to be a shopping center. TRAFFIC ANALYSIS Trip Generation The following table is based on trip data taken from the ITE Trip Generation Manual, 6th Edition: TRIP GENERATION DATA PEAK HOUR TRIPS ADT AM PM (vehicles/day) Existing RP Use Townhouse Density 5 units Entering Exitin Enterin 2 Exiting 1 29 1 2 B-2 Shopping Center 12,820 sf 8 5 23 25 550 The development of the rezoned site at the maximum density could therefore generate a traffic increase of 521 trips per day. Traffic Impact VDOT has classified U.S. Route 11 (Martinsburg Pike) a major collector. VDOT Office Services Specialist, Vega Ziemer (Edinburg office), supplied existing traffic data from the latest study on this road. Greenway Engineering 0 0 Walls Impact Statement EXISTING TRAFFIC COUNTS Road Date of Study ADT (vehicles/day) U.S. Route 11 1996 14,000 Approval of this rezoning proposal could therefore generate a 3.8% increase in traffic on U.S. Route 11. It is expected that many of the patrons to businesses on Parcel A will stop in on their way by. Therefore, the actual traffic generated by Parcel A could be much smaller. BROOKE ROAD EXTENSION The Virginia Department of Transportation, in cooperation with several local governments, have produced a report of future road improvements. This report is known as the Winchester Area Transportion Study, or WATS. Brooke Road, which lies southeast of the subject property, is shown on the WATS study as being extended to U.S. Route 522. Greenway Engineering has met with the Planning Departments of Both Frederick County and the City of Winchester to determine the alignment of this future Brooke Road extension. A consensus has been reached on this alignment, and it has been determined that the road extension will almost completely bypass the subject property (Please refer to the enclosed Brooke Road Extension Plan). The owner is aware that the Brooke Road extension will be built within the next twenty to thirty years, and is prepared to meet the requirements placed on them by the City of Winchester or the Virginia Department of Transportation for future right-of-way dedication. WATER SUPPLY The newly rezoned area will have water service provided by the City of Winchester. The existing building is currently hooked up to the city water system. SEWAGE CONVEYANCE AND TREATMENT The existing building and any new construction on Parcel A will have sewer service provided by the City of Winchester. DRAINAGE There is a knoll on the subject property that diverts water around Parcel A, resulting in less than one tenth of an acre which drains across said parcel. Currently, the runoff from Parcel A drains toward 4 Greenway Engineering • • Walls Impact Statement Martinsburg Pike. There is a drop inlet near the corner of Parcel A. This drop inlet drains into a ditch on the other side of Martinsburg Pike, and the water then flows into a tributary of Redbud Run. The following calculations estimate the current and proposed storm water runoff for a ten-year flow: Existin Proposed C = 0.3 Iio = 6.8 in/hr A = 0.6 acres Qio = 1.2 cfs C = 0.75 Iio = 6.8 in/hr A = 0.6 acres Qio = 3.1 cfs Development of Parcel A at maximum buildout will therefore result in an increased runoff of 1.9 cfs. This is a relatively small increase and will present no forseeable problems to stormwater management. SOLID WASTE DISPOSAL Using Fairfax County design requirements, the following calculations were made to estimate the maximum impact of solid waste generated on Parcel A: waste generation rate= 11,440 lbs 1000 sf/yr total solid waste = 12,820 sf x 11,440 lbs 1000 sf/yr = 146,660 lbs/yr compaction = 275 lbs/cy total volume = 146,660 lbs/vr 275 lbs/cy = 535 cy/yr Therefore, the maximum amount of solid waste generated by Parcel A will not exceed 535 cubic yards annually. HISTORIC SITES AND STRUCTURES Fort Collier, identified as a historic structure by the Rural Landmarks Surve�Reportfor Frederick County, is approximately 500' from the subject site, and lies across Martinsburg Pike. This home is listed by said survey as being potentially eligible for the state and national register of historic places. The "3rd Battle of Winchester" site is a potential historic district, and also lies across Martinsburg Pike. Greemvay Engineering 0 • Walls Impact Statement COMMUNITY FACILITIES The impact on the utilities and infrastructure near the site has been estimated by the Frederick County Capital Facilities Impact Model. Please refer to Appendix 6. OTHER IMPACTS No additional impacts are forseen by the development of Parcel A. 0 s �,/STON WALL IL = oR vi 739 j� INDUSTRIAL 61 CANr(ggURY c=1L-- i 11 J! _ ; \=ins=__.. 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SYRE 4 N/qQ it lam pt Valley v - Wood o C40 Yy 1� N 'a W rsrwTt r o I' ST fPres a e M n 0WRR _N AVE 7 0 0 " r sr° 0u � c t itf I ET =� ti qRq � Ngno ti (� o sr qv Full Go e + WI CHEiTER PCrroo. +cR1 0 •f i"e tw�yv oWgtD mbly IGod e Winches M ber RP o met cK m Q oe aW rqq CHggO q E jo `�:�+ bo ell J '-i °of ward - f- U r � g John Kerr H � :e r ¢ M0N urH 45 acipQ-ileJrt C th l�st� 3 t N _ .--��tR�sigCK �. ps � gHPEH a� q ONr3Q Q��jtS i q �P C� ca � o�, s Location MapMS iel rga S (( �/ \� rEY 'r P -�' `, �qy, yS $�O \ S iLi:/l'7 Nill 0� }•t. ILL,'1NBU G Mr4 i andley S qtt Appendix 1 ,r E�c�RI°1ll C•t[5 �� t tq a 65 uP r-- '` GIEN AEE �GHIS $o=�: q - AC ESVPs`I - hr tt a eta RaRHERITAG LESS v P�' r r! RO UN S olo t `, s` soU `q sr it /� -HIE r 'c PlE _l Winche ter °NE �°i P3',ro F ser 4 c \ Oven uar Recrea ion411 / ° e: 6 O 'I .I-, ti BK 253 P60432 ,PA"2Or3 m---" M VOIRD) a — ate PW (atr) . • 20"w, souNDARY NORTH BRADDOCK STREET 50' WIDE S4b•38'3rw - 314.8P LOT 2 — 108,325 SO. FT. W-' p1 lX NAL N�IPNCQW- - - Is4b•38'brw Naa • I 100.95. •<i 1 Its 19 co !0 i 3 i to Q L N L 11 9T tP 2a v�G MPS Q�� a tk2�5��E v900, s 0 V .4 MOM REMAAM IG 6-2 AREA DOES Nor MErT ZOWN 3 Mn A Y 5-2 usz Boundary Survey Appendix 2 (LICENSE) Na 1498 1A avRjZtj m 14 Av 0 ry • �. 15 �� 36 H 4 1 B V 15A , • ' r� 13 327-695 36G 297-546 TER 304 580 Q'P 3 361 9 64 e9 q 42 ooa 36 A 747 `;Q 4) 6 �C 11 Quo Y 81 G 36C Rt A 3 D 1329 81A er°O4 B ., 3 51 S 4A 4 81 F ' so }z g h`' 48� 81 J 60 �� 58 h`° �3- oo� 325 527Q- // i �� trj cf `ems 1� �se.9�? See 72�- / 73 ch F 254-89 36E bq 36F 2 INSERT 54M ' c° c° ,7p p OFF • 'JS0 y'1, b°j qw h a' .0 Js09 A y JJs�e \w}JsJ C�� t �a ti or !�9 of g1 <o�` S? 760 no, 4 ,ppy \ 6 ACC` .y S i !! Q �S• 744 �y ^�. ,p b 'e ''s R! 1249 a 6034 ` � e N b 91•ts'\Qkrl /� A CF�n '�• 69 '00 7263 ew `` °\• ry f 8551 ae �00 'il 5029 lid e!� Sp39 6` 4533 ,� �4°0,► a 85.491997 8?/ ' y �� J , �J e 'Oi 19 1713 JS ,°j 'oy40 /' 6808 y 8548 3319 JJ* �� `°? 21Q1 �T ��• C '' ,l ,° 7072 J aDJ $ J� ?J 63i0 ` 77 tang 'L- J'?� JJ ed GJ* �. 7464 \\ �0 96 e1' O JJ 1856 I,� 'J2 dJ 3979 H,1' 1443 7JCb 'G� C 2`` 2908 463 ,� � �B \ O9 0yy 0 °66 3332 J' fso � s �s 1450 / o � 7626 � \/ 4053\\ /J SS ? 4 ?► - J / 4470 3'2 jS �� 65 8 JOq �0� a IOC 8663 502 ' 7613 \ •7^ / OS �; �;• y , ,b ,e -fie ;ep np-e' 2877 ,w� eP e, eti y+ o,1 ,b 5995 / a ; 4743 / 4742 . tp 5999 \\ 5994 27 \ \ 's e D �� 1182 0� 5 /i �� 14g5 Q" \ 7448 \i 6' ti +� Tax map no. 114/134 14 31 33 ^oy City of Winchester Appendix 4 !, !! 0 EARL C. HARSH, at ux DB 821/263 TAX NO.: 54A-((2))-16 ZONE: RP USE. RESIDENTIAL MARY H. MILLS DB 801/348 TAX NO.: 544-((2))-1 ZONE: RP USE: RESIDENTIAL MARY V. DAVIES, at vIr DB 221/315 TAX NO.: 114-0))-156 ZONE: LR USE: RESIDENTIAL VIVIAN S. SWISHER DB 128/314 TAX NO.: 114-((1))-151 ZONE: LR USE: RESIDENTIAL • 1ICHAEL S. WEBER DB 460/595 X NO.: 54-((A))-48 ZONE: B-2 USE: RETAIL K t M ENTERPRISES DB 834/1569 TAX NO: 54-((A))-50 ZONE: RP USE: RESIDENTIAL MARGAREE L. WASHINGTON DB 3n/481 TAX NO: 54-((A))-49 ZONE: RP USE: RESIDENTIAL 71 S 45'21'05" E 338.41' 15681 — I K t M ENTERPRISES DB 266/1324 TAX NO.: I ZONE: 52/HR USE: COMMERCIAL N 40'48'29" W 38386 SAUDERS, LAWTON M., at a Is DB 21e/496 TAX NO: 134-((5))-I ZONE: HR USE: RESIDENTIAL is ,� PARCEL 0.60 ACRE s 2 0�-DG E� �20 R�GK G�UN�' B 2 s a S tJ i 00ID$ in K t M ENTERPRISES 6' DB 253/425 O TAX NO: 134-((3))-36 ZONE: 52/14R USE: COMMERCIAL m v n Q C-4 u l, . U ��ry a/ O C w �Qm "NO �m0 �QQzr1 ppQ Wz Q lu lu c LL 01 0 ,.�n0zj b FARMERS AND MERCHANTS NATIONAL BANK DB ni/638 TAX NO.: 134-(((o))-I ZONE: B-2 USE: COMMERCIAL • Proposed Zone Boundaries Appendix 5 E` A Q) Q--q U o"�Iq �E c 44 ?� E-. co rx4 E--; CL. DATE: 10/23/98 1 SCALE: 1--50' DESIGNED BY: RC8 JOB No. 2210 SHEET 01 OF 01 OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation TOTAL FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions i Capital $39 Net Fiscal Impact rr,�..edit $342,986 NOTES: Model Run Date 12/09/98 EAW P.I.N. 54-A-50 Rezoning: Assumes 12,817 sq.ft. retail on 0.6 acres zoned B2. Credi' Taxes �u Capital Qosts $63 $22,874 $1.360 $24,296 $93.30 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. Fiscal Model Appendix 6 Net lmpac $0 $0 I4 $0 �6 See 20 o) 97 0 Va. Housing Authority Y S e,S% i f y p0 2 s oer rOf , REZ ##01-99 K&M Enterprises PIN- 54—A-50 Produced by Frederick County Planning and Development, 1-20-99 Ow G °Qcc "I a kh, y •- iy See 20 e r 22 0 (Eel 4 4 97 O �I Va. Housin<; 2 7 Authority / CDr p0 2 its >K rode KEG #Ul—yy K&M Enterprises PIN- 54—A-50 Produced by Frederick County Planning and Development, 1-20-99 1 14 30 5w zy;o ,A 361 � 2�4 '4 ° 4 ?zIo ea 36A 4 pls. �s 36K 4 46 4 j 0. e6 C 36A 4 pts. 1G 36D 36C `. 36N A D t. 3 2 1 2 81 A erp� 6 1 928 80 Sz, 3 4A 4 81 F 9 8160 J 58 ti Bpi SM-527 m �.� 2•_ Pa' 36A e� ) 65 �� 81 D , 14, oaec p�S�C� �;.•' Qm�� See `~ 20 6 � 0 o 4 4S 70:> �l Va. Housing 'X 2 Authority x. , S 4 76 ': 4 Carp 3 2 ills 8 01- �e o� 2' REZ #01-99 K&M Enterprises PIN: 54—A-50 Produced by Frederick County Planning and Development, 1-20-99 I 18 14 � 5W MAMA. Vi- X, -�17 �® ^v 20 IV- , 9 ,0 77 Vo. Housing 7 Authority x. St � C°rp 2 ills Weber 0 Oro tet` S. 9 washin w REZ #01-99 K&M Enterprises PIN: 54—A-50 Produced by Frederick County Planning and Development, 1-20-99 Y * \s • 'Arl • I. .. w� L.■UM Mans O . Op ■■eellr,� �.masese■n� 401,s-- ►32`1 BK 285 PG 1 324 THIS DEEn made and dated this 29th day of December, 1997, by and between Terri A. COCHRAN, party of the first part, hereinafter called the Grantor and K—¢4-1 EhTERPRISFS, a Virginia general partnership, party of the second part, hereinafter called the Grantee. 1VITNF.SSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid, and other good and valuable cua;ideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty of Title and English Covenants of Title unto the Grantee, in fee simple, as tenants in partnership, as specific partnership property, pursuant to Title 50, Code of Virginia, 1950, as amended, the following described property and appurtenances thereto belonging: All of that certain tract or parcel of land containing 108,325 square feet, more or less, together with the improvements thereon and the appurtenances thereunto belonging, fronting on the northwestern boundary line of North Loudoun Street, as more particularly described as Lot 2 on that certain plat and survey made by L. Allen Ebert, L.S., dated April 30, 1992, of record ir. the Office of the Clerk of the Circuit Court of the City of Winchester, in L'eed Book 253, page 431; and being a portion of the same property conveyed to James Michael Cochran, individually, from Raymond L. Fish & James Michael Cochran, partners trading as Fish and Cochran, and recorded in the Office of the Clerk of the Circuit Court of the City of Winchester, Virginia, in Deed Book 180, page 297, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 563, page 756. James Michael Cochran died testate, on January 6, 1992, and by the terms of his Last Will and Testament devised this property to Terri Amelia Cochran. Said Last Will and Testament was admitted to probate on June 11, 1992, and is of record in the Clerk's Office of the Circuit Court of the Cov* of Frcderi& Virginia, in Will Book 102, page 158'1. I; I'• `! Reference is here made to the aforesaid instruments and the attachments and the referrnc" therein contained for a further and more particular description of the property i Ihet conveyed. II This conveyance is made subject to all easements, rights of way, and restrictions of II record affecting the subject property. IExcept as noted above, the Grantor covenants that she has the right to convey to th- j' Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free I� I and clnr from a:l liens and encumbrances; and she will grant such further assurances of title t as may be requisite. I, BK 28S Pr 132S WITNFSS the fcllowing signature and seal: -�L- (SEAL) TERRI A. COCHRAN I COMMONWEALTH OF YIRGIN1A CITY OF CHESTER, To -wit: a Notary Public in and for the Commonwealth aforesaid, d hereby certify that Terri A. Cochran, whose name is signed to the foregoing Deed, dated the 29th day of December, 1997, has personally appeared before me and i acknowledged the same in my Commonwealth aforesaid. n Given under my hand this day of 1997. NOTARY PUBLIC �i My Commission expires: I. r. VIRGINIA, CITY OF WINC17-'11TE 9CT. 0 i(, This irsent ct wiiting %'+� p�u:u cd to rno�on�5 . s J with cc.rtiliwcc of a:k�owl..��rs=1.t tt st if Sto �g'1Y802 admitted to record. Tax iywed by �aa,eble. i� OW 68.1 801 have been paid jf Deputy 1 ^ Clerk UK 285 PG 1 324 } THTS DEED, made and dated this 29th day of December, 1997, by and between Terri A. CO HRAN, party of the first part, hereinafter called the Grantor and K & NJ ENDM- UBTSF_S, a Virginia general partnership, party of the second part, hereinafter called the Grantee. as WTTNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash 0 Cd in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with General Warranty of Title and U> English Covenants of Title unto the Grantee, in fee simple, as tenants in partnership, as V N ' specific partnership property, pursuant to Title 50, Code of Virginia, 1950, as amended, the following deribed property yand appurtenances thereto belonging: g: <> All of that certain tract or parcel of land containing 108,325 square feet, more > &, or less, together with the improvements thereon and the appurtenances thereunto telonging, fronting on the northwestern boundary line of North Loudoun Street, $ as more particularly described as Lot 2 on that certain plat and survey made by L. Allen Ebert, L.S., dated April 30, 1992, of record in the Office of the Clerk g is of the Circuit Court of the City of Winchester, in Deed Book 253, page 431; and being a portion of the same property conveyed to James Michael Cochran, 4J individually, from Raymond L. Fish & James Michael Cochran, partners trading 89as Fish and Cochran, and recorded in the Office of the Clerk of the Circuit g Cain of the City of Winchester, Virginia, in Deed Book 180, page 297, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 563, page 756. James Michael Cochran died testate, on January 6, 1992, and by the tetras of c� his Last Will and Testament devised this property to Terri Amelia Cochran. cy, Said Last Will and Testament was admitted to probate on June 11, 1992, and is of record in the Clerk's Office of the Circuit Court of the County of Frederick Virginia, in Will Book 102, page 1583. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all easements, rights of way, and restrictions of record affecting the subject property. Except as noted above, the Grantor covenants that she has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the c*,id property, free Iwo.+• � ►.na1 � c. and clear from all liens and encumbrances; and she will grant such further assurances of title as may be requisite. i 1 • Ci;s;O1;, I570 • WrrN'-SS the following signature and seal: 285 PG 1325 ...�o — (SEAL) TERRI A. COCHRAN COM?40NWEALTII OF VIRGINIA CITY OF CHESTER, To -wit: I, a Notary Public in and for the Commonwealth aforesaid, di&reby certify that Terri A. Cochran, whose name is signed to the foregoing Deed, dated the 29th day of December, 1997, has personally appeared before me and acknowledged the same in my Commonwealth aforesaid. Given under my hand this 2-� day of �� e .� �' �. 1997. NOTARY PUBLIC My Commission expires: Uyw:msllswm Et fu fi, a-14Z :3. 1M VIRGINIA, CITY OF WINCFTWMR, This %e On me A cf "ILMng �'+� P � C rr� 35 , dny of t F 6:.d with crrtlticAte of a -A 0O Ie'i oLedl byhec G8 1Y8J2 ^� rdmittre�d to record. Tax inlp aid . aeaanble. and 68.1-801 have been p Deputy Clerk arA with cerliticate o1 ecxnov.i., •� =as I/t2Ae/p to record. lax Imp, .80 Dy br,c 9y I UU. �y,� and 5a.1-801 have been ps'.d, iI sesesssu.• Clerk Print Key Output Page 1 5716SS1 V3R7M0 961108 FRCK40 01/04/99 11:04:20 Display Device . . . . . QPADEV0006 User . . . . . . . . . . ESR Date: 1/04/99 Cash Register: COUNTY OF FREDERICK Time: 11:04:12 Cashier: EVELYN S. RUTHS Account#: 000015292 Cust.Transactions: Trans. Type: PAY Dept/Bill#: RE1998 00054870002 P/I Date: 1/04/1999 1/04/1999 Name: K & M ENTERPRISES Bill Date: 12/05/1998 HaLf: 2 Name 2: Address: Map#: 54 A 50 1207 CEDAR CREEK GRADE MMMMMDDSSLLLLS WINCHESTER, VA Acreage: 1.93 Zip: 22602 - 2360 Mortg.Co.: Desc: 1.388 ACRES SSN: 000 - 00 - 0000 000 - 00 - 0000 Status: Land: $252,200 Improve: $63,200 Use: $0 Original BiLL: $930.43 Credits: $930.43 Discount: $.00 Penalty Paid: $.00 Int Paid: $.00 Last Date: 12/04/1998 Payment History Inquiry Date Type Drawer Trans# Check Number Trans. Amount Balance 12/05/1998 CHG $930.43 $930.43 6/03/1998 ABA SRD 64 $208.86CR $721.57 12/04/1998 PAY LBX 78444 1U 2797 $721.57CR $.00 F3=Exit History Inquiry F13=Comments/Value/Refund Reason COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit DATE: March 8, 1999 The amount of $25.00 was deposited in line item #10-911-08 for the person named below as a deposit for a sign for Rezoning Application #001-99 for K & M Enterprises. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: RSA/kac Mrs. Marietta Walls 1207 Cedar Creek Grade Winchester, VA 22602 107 North Kent Street • Winchester, Virginia 22601-5000 It J 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 ICAIFIr VICA I OF PUBLIC HEARlINlr February 10, 1999 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-99 OF K & M ENTERPRISES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on February 24, 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 901-99 of K & M Enterprises, submitted by Greenway Engineering, to rezone 0.60 acres from RP (Residential Performance) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Route 11 North) across from Brooke Road (Route 1328), and is identified with Property Identification Number 54-A-50 in the Stonewall 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 the attached correspondence was mailed to the following on %0, %� % / from the Department of Planning and Development, Frederick County, Virginia: Mr. Mark D. Smith 54A-2-16 134-3-36 Greenway Engineering Earl C. Harsh, et ux K & M Enterprises 100 Star Fort Drive 901 N. Loudoun Street 151 Windy Hill Lane Winchester, VA 22602 Winchester, VA 22601 Winchester, VA 22601 54-A-48 Michael S. Weber 937 Martinsburg Pike Winchester, VA 22601 54-A-49 Margaree L. Washington 911 Martinsburg Pike Winchester, VA 22601 114-1-158 Mary V. Davies, et vir 1005 North Braddock Street Winchester, VA 22601 114-1-157 Vivian S. Swisher 1003 North Braddock Street Winchester, VA 22601 134-6-1 & 134-6-2 F & M Bank - Winchester Office P.O. Box 2800 Winchester, VA 22604 114-1-156 Joseph M. Ashwood 110 Locust Avenue Winchester, VA 22601 54-A-81G 134-5-6 OMNI Toan & Associates 112 N. Cameron Street 360-2 McGhee Road Winchester, VA 22601 Winchester, VA 22603 134-5-1 54A-2-1 Lawton M. Saunders, et al Mary H. Mills 407 West Monmouth Street 101 Star Fort Drive Winchester, VA 22601 Winchester, VA 22601 r' CUCLA, a - Ad-� Evan A. Wyk, Deputy irector Frederick Co. Planning gept. STATE OF VIRGINIA COUNTY OF FREDERICK I, ?)?,kh 6m On l l , 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 j - 1 0 .clG , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of fi!t�on i. My commission expires on I a6 IHoD OTARY PUBLIC a COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 [SI J71r"lCIPMUl I OF PUBLIC i-lEARIl G January 20, 1999 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-99 OF K & M ENTERPRISES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on February 3, 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 #01-99 of K & M Enterprises, submitted by Greenway Engineering, to rezone 0.60 acres from RP (Residential Performance) to B2 (Business General). This property is located on the west side of Martinsburg Pike (Route 11 North) across from Brooke Road (Route 1328), and is identified with Property Identification Number 54-A-50 in the Stonewall 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, f Evan A. Wyatt Deputy Director EAW/cc 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick Coui y, Virginia: Mr. Mark D. Smith 54A-2-16 Greenway Engineering Earl C. Harsh, et ux 151 Windy Hill Lane 100 Star Fort Drive Winchester, VA 22602 Winchester, VA 22601 54-A-48 Michael S. Weber Winchester City Adjoiners ; 937 Martinsburg Pike Winchester, VA 22601 114-1-157 54-A-49 Vivian S. Swisher Margaree L. Washington 1003 North Braddock Street 911 Martinsburg Pike Winchester, VA 22601 Winchester, VA 22601 114-1-158 54-A-81G Mary V. Davies, et vir OMNI 1005 North Braddock Street 112 N. Cameron Street Winchester, VA 22601 Winchester, VA 22601 Lc� Ail n u e 54A-2-1 Mary H. Mills 101 Star Fort Drive Winchester, VA 22601 Lm Evan A. yatt, Depu Director Frederick Co. Plannin Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, ' nn I I , 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 ac) ,Q 9 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of�'�nuaaj 1 My commission expires on (-Un U M�� —_—NGTAIK PUBLIC M KEP\-1erPriseS NOTARY PUBLIC P9.2.. 134-3-36 K & M Enterprises 901 N. Loudoun Street Winchester, VA 22601 134-5-1 Lawton M. Saunders, et al 407 West Monmouth Street Winchester, VA 22601 134-5-6 Toan & Associates 360-2 McGhee Road Winchester, VA 22603 114-1-156 Joseph M. Ashwood 110 Locust Avenue Winchester, VA 22601 134-6-1 & 134-6-2 F & M Bank - Winchester Office P.O. Box 2800 Winchester, VA 22604 Q. % County i City i TO: Barbara in pata Processing FROM: Planning OWrtment Please print sets of labels by: Adjoining Property Owners THANK YOU!! 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 Xorth Kent Street. Name and Property Identification Number Address Name Michael S. Weber 937 Martinsburg Pike Winchester, VA 22601 Zone: B-2 , Use: Retail Prooerry = - - Name Mar aree L. Washington 911 Martinsburg Pike Winchester, VA 22601 Zone: RP, Use: Residential Prooerry = 54- A -49 N'-�Tie Omni 112 N. Cameron Street Winchester, VA 22601 Zone: M-1 Use: Office Procerr = 54- A -81G Name Mar H. Mills 101 Star Fort Drive Winchester, VA 22601 Zone: RP Use: Residential Prooer^: -` 54A- 2 -1 dame Earl C. Harsh et uY 100 Star Fort Drive Winchester, VA 22601 Zone: RP, Use: Residential Prooern = 54A- Z -16 Name Vivian S. Swisher 1003 North Braddock Street Winchester, VA 22601 Zone: LR Use: Residential Procercv = 114- 1 -15 Name Mary V. Davies et vir 1005 North Braddock Street Winchester, VA 22601 Zone: LR, Use: Residential Prooerry= 114- 1 -158 Name K & M Enterl2rises 901 N. Loudon Street Winchester, VA 22601 Zone: B2/HR, Use: Commercial Properr = 134- 3 -36 Name Lawton M. Saunders 407 West Monmouth Street Winchester, VA 22601 Zone: HR Use: Multi -Family Propem = 1 - ( - Name Toan & Assoc. 360-2 McGhee Road Winchester, VA 22603 Zone: B-2, Use: Commercial Prooem = 134- 5 -6 III' - I - ISio .J GS[.P M M. A s µ wcoz 0 Loco-s-r AVCIJUt \A/ I ►Ju+CS-V . 15 es. • City Name and Property Identification Number Address Name F & M Bank - Winchester ce P.O. Box 2800 Winchester, VA 22604 Zone: B-2 Use: Commercial Property # 134- - Name F & M Bank P• 0. Box 2800 Winchester, VA 22604 Zone: B-2 Use: Commercial Property # 134- 6 -2 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Pro em, # Name Property # Name Property # Name Property # Name Property # Name Property # ES:7 (4)