HomeMy WebLinkAbout002-99 Tybrooke, L.C. - Gainesboro - BackfileA . x
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AMT PAID
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HOW PAID
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MONEY
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REZONING TRACKING SHEET
Date d - S - q lq
Application received/file opened
Reference manual updated/number assigned
D-base updated
a aJ. q9 C,9
A -,-File given to office manager to update Application Action Summary
Four sets of adjoiner labels ordered from data processing
; - 5 40 color maps ordered from Mapping & Graphics
PC public hearing date
ACTION: ro L
BOS public hearing date
ACTION: rVf4 �P-r5
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.)
� -10 - �q Action letter mailed to applicant
V Reference manual and D-base updated
d ,1z-99 k
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Other notes:
File given to office manager to update Application Action Summary (final
action)
File given to Mapping & Graphics to update zoning map
Zoning map amended
UACaro1\Common\tracking.rez
0
. FILE Corr
April 20, 1999
Mr. John Lewis
Painter -Lewis, P.L.C.
302 S. Braddock Street - Suite 200
Winchester, VA 22601
'C'D-UNT Y Df 7 RE DERJ CIS
JJ� .la l+ �+;a�i vl 1 ial�i��ddb ain. Levzlopille2ji
54 0/ 665-5651
FA`: 549/ 673-0632
RE: REZONING APPLICATION #02-99 OF TYBROOKE, L.C.
P.I.N. 42-A-253
Dear John:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting
on April 12, 1999. The Board approved your request to rezone 2.99 acres from RA (Rural Areas) to B2
(Business General). This property is located on North Frederick Pike (Route 522) at Albin; one mile
north of Route 37 in the Gainesboro 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,
Evan A Wyatt
Deputy Director
EAW/cc
Attachment
cc: Richard Shickle, Gainesboro District Supervisor
*Chester Renner, Tybrooke, L.C.
Jane Anderson, Real Estate
*Denny Linaburg
(*cc's with copy of proffers)
O:\Agenda \APPR_DCN.LTR\Tybrooke.REL
I07 1`Iorth Xe nt Street u Winchester, Virginia 22601-3000
PC REVIEW DATE: 03/03/99
BOS REVIEW DATE: 04/12/99
REZONING APPLICATION #02-99
TYBROOKE, L.C.
To rezone 2.99 acres from RA (Rural Areas) to B2 (Business General)
LOCATION: This property is located on North Frederick Pike (Route 522) at Albin; one mile north
of the Route 3 7 interchange, adjacent to the northern property boundary of the Ridge Country Store.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBER: 42-A-253
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned RA (Rural Areas) District
South: Zoned B2 (Business General) District
East: Zoned RA (Rural Areas) District
West: Zoned RA (Rural Areas) District
PROPOSED USE: Commercial or Retail Use
REVIEW EVALUATIONS:
Use: Vacant
Use: Ridge Country Store
Use: Agricultural
Use: Residential; Vacant
Virginia Dept. of Transportation: No objection to rezoning ofthis 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 and off -site roadway improvements and drainage. Any work performed on the
Tybrooke, L.C. REZ #05-99
Page 2
April 6, 1999
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. Also, you should update Page 2 of the analysis
to show the average daily traffic volume on Route 522 at the site to be 16,000 trips per 1995 Traffic
counts.
Fire Marshal: Recommend plan approval.
Health Department: See attached letter dated 2/20/98 from John Daily, Environmental Health
Specialist.
County Engineer: Asa condition of our approval, we will require on -site stormwater management.
The on -site stormwater management shall be designed to incorporate the existing commercial
development.
Historic Resources Advisory Board: The HRAB recommends that a screen consisting of
evergreens and deciduous trees be planted across the back (eastern portion) of the subject parcel so
that the viewshed from the historic property known as "Long Green" is preserved.
County Attorney: No objection.
Planning & Zoning_
1) Site History
The original Frederick County Zoning Map depicts the zoning for the 2.99-acre site as A-2
(Agricultural General) District. This zoning classification was modified to RA (Rural Areas)
District on February 14, 1990 during the comprehensive amendment to the county's Zoning
Ordinance.
2) Location
The 2.99-acre site is located on the east side of North Frederick Pike (Route 522 North),
outside of the Urban Development Area (UDA) and the Sewer and Water Service Area
(SWSA). The location of this site could be interpreted as being within the Albin Rural
Community Center, although a defined boundary for this community center has not be
established to date.
3) Site Suitability
The 2.99-acre site contains no significant environment features, although a small area of steep
slope is present on -site. The Frederick County Rural Landmarks Survey identifies the Long
Tybrooke, L.C. REZ #05-99
Page 3
April 6, 1999
Green property as a potentially significant historic resource within close proximity of this site.
The site has approximately 270 feet of frontage along North Frederick Pike (Route 522
North) with good site distance. Crossovers exist to the north and south of the site; therefore,
it is unlikely that a new crossover could be established to provide direct access to the
property. The State Health Department has verified that the site has an approved drain field
and would need to obtain water by a well which would be permitted through their process.
4) Potential Impacts and Issues
a) Historic Resources:
The Historic Resources Advisory Board (IIRAB) has identified an impact to the
viewshed of the historic Long Green property. The HRAB has recommended that
vegetative plantings be provided along the rear property line of this site to mitigate
this impact.
b) Community Facilities and Services:
The Capital Facilities Impact Model was applied to this rezoning proposal. The
results of this model run demonstrate a negative fiscal impact to Fire and Rescue
Services for capital facilities 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 restrict specific commercial
uses that could be allowed on this site, to provide a vegetative screen containing a mixture
of evergreen and deciduous trees along the rear property line to protect the viewshed of the
historic Long Green property, and to provide a monetary contribution to mitigate the impacts
to Fire and Rescue Services that is consistent with the results of the Capital Facilities Impact
Model run.
STAFF CONCLUSIONS FOR 03/03/99 PLANNING COMMISSION MEETING:
The 2.99-acre site is located within an area that could reasonably be defined as the Albin Rural
Community Center. This area would most likely include properties along North Frederick Pike
(Route 522 North) from the intersection with Indian Hollow Road (Route 679) to just south of the
intersection of North Frederick Pike and Golds Hill Road (Route 673). The Comprehensive Policy
Plan recommends the provision of commercial development within several of the rural community
• 0
Tybrooke, L.C. REZ #05-99
Page 4
April 6, 1999
centers, including the Albin Rural Community Center. Currently, five properties within close
proximity of this site have commercial and industrial zoning designations and include uses such as the
Virginia Farm Market, Albin Ridge Self -Service Storage, Omps Garage, the Ridge Country Store
and Redding Landscape. The applicant's proffer statement appears to mitigate the impacts identified
by the various review agencies and prohibits eight specific uses that would be permitted in the B2
Zoning District. The Planning Commission should determine if the location of this site is appropriate
for commercial development that could occur in the B2 (Business General) District.
PLANNING COMMISSION SUMMARY & ACTION OF 03/03/99: The design engineer
for the project explained to the Commission that the proposal is for minor commercial development
and uses will be restricted due to the limited capacity of the drainfield and the inability to provide fire
protection. He noted that the applicant is seeking small, commercial development, such as shops that
would complement the existing Ridge Country Store. Once the property is rezoned, they intend to
file a subdivision application to subdivide the store from the remaining three acres.
There were no citizen comments. The Planning Commission believed this site was appropriate for
commercial development and expressed no concerns with the proposal.
The Planning Commission unanimously recommended approval with the proffers submitted by the
applicant, contingent upon compliance with all review agency comments.
O:\Agendas\COMMENTS\REZONING\Stab Report\Tybrooke.REZ.wpd
P7
Lord 4airfax Health Distri�
150 Commercial Street
P. O. Box 2056
,,, Winchester, Virginia 22604
---- (540) 722-3470 FAX (540) 722-3475
Counties of.- Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester
February 20, 1998
John C. Lewis, PE
Painter -Lewis, PLC
302 S. Braddock St., Suite 200
Winchester, Va. 22601
RE: Frederick Co. Tax Map # 42-A-253; Health Dept. ID It 98025205, 98025289.
Dear Mr. Lewis:
The Frederick Co. Health Department has no objection to the proposed rezoning and subdivision of the
above referenced property as described in the attached preliminary plat dated 2/12/98 by Marsh and Legge.
The proposed 1.1931 acre parcel has an existing drainfield on the property with a design use of 400 gpd.
The water supply for this parcel is a private well. This drainfield was installed in 1987 and currently serves
the Ridge Country Store. The system appeared to be functioning properly on 2/20/98. This is no guarantee
that the drainfield will continue to perform satisfactorily. The owner is responsible for any repairs to the
system that might be necessary in the future.
The proposed 2.9346 acre parcel has an existing drainfield on the property with a design use of 625 gpd.
This system was installed in 1994 and has never been used. Care trust be taken during any future
construction not to disturb the drainfield area. No vehicles should be allowed on the area. Any building
foundations must be a minimum of 10 feet from the drainfield and septic tank (20 feet if the building has a
basement) and no parking lots can be constructed over the drainfield site. A permit from the health
department will be required before the installation of any additional components (sewer line, pump tank,
etc.) needed to utilize this existing drainfield.
The water supply for the proposed 2.9346 acre parcel will likely be a well. The construction and testing
requirements for this well will vary depending oil the proposed use of the property. The owner trust contact
the Frederick Co. Health Department for a permit prior to drilling the well. Depending on the proposed use,
the local health department may refer the owner to the department's office of Water Programs in
Lexington.
If you have any questions, call me at (540) 722-3480.
Since,
9 a,
John Dailey
Environmental Health Specialist
cc: Chester and Rebecca Renner
Rodney Cowley
VeDHODFvIRGINIA
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REZONING #02-99 PIN: 42—A-253
Tybrooke, L.C.
Produced by Frederick County Planning and Development, 02-09-99
,
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff. -
Zoning Amendment Number q Date Received —22 9
PC Hearing Date- - 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.
I. Applicant:
Name: �c� : n l e � - L � , s �.1 • � . Telephone: 1 4 - (o (0 ri a
Address:
l.`f. nc hr tlt/ lia Z Z(t U I
2. Property Owner (if different than above)
Name: —i wog cake , L. C , - M ` l� f iZe�►r�e: Telephone: Wig - 7a a - 4k 7
Address: �� I I k N f-, r, c k � k c
U,3 CK— S4e.r \/h 7-1bo3
3. Contact person if other than above
Name: J u�. r� lit Telephone: (57q j C, L-4 -5.7 r, Z
4. Checklist: Check the following items that have been included with this application.
Location map i Agency Comments
Plat Fees
Deed to property Impact Analysis Statement
Verification of taxes paid Proffer Statement
RECEIVED
JAN2Z1999
li
DEPT, OF PLANNINGIDEVELOPMENT
E
•
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:
1 i . CkeSke B e' i1r)ejr
6. A) Current Use of the Property: k�yc c -1 tv A)
B) Proposed Use of the Property: (--i��e.rc-I I�JS-n s 13- L
7. Adjoining Property:
PARCEL ID NUMBER
y�-A —
USE
IL,,lf��c
ru i 'LILT
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):
12
•
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 --qZ -((A)) --�5 3
Districts
Magisterial:
Fire Service:
Rescue Service:
High School:
Middle School:
Elementary School:
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Requested
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:
Office:
Retail:
Restaurant:
• • ' •.• -.
Townhome:
Mobile Home:
Square Footage of Proposed Uses
13
Multi -Family:
Hotel Rooms:
Service Station: CE�VED
Manufacturing: v
Warehouse:
Other: JAN 2, Z 1999
DEFT, OF PIANNINGIDEVELOPMENT
19
i
1]
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):
Owner(s):
14
Date:
Date:
Date: _i/ag/99
Date:
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 ��I�iLL �opi?tLt
C�h��ch oi' Cgod.,
i <<c Ise �� , ✓h Z t� 1
Property # Ta —A `
Name J A
In 11 Apple Pie
(,J i n h S .,� VA, Z ZCa U 'J
Property # - A- a�'��
Name fj'� rat hCR r'
o� 3 X /�J� rat 5�
�y N `1
8 f � -�-p• , Y X Z Z Zo %
Pro e # - 4/
Name
Property #
Name
Pro ertv #
Name
Property #
Name
Pro ertv #
Name
Property #
Name
Property #
Name
Pro ertv #
15
Action:
PLANNING COMMISSION
BOARD OF SUPERVISORS
AMENDMENT
Recommended Approval on March 3, 1999
Approved April 12, 1999
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02-99 OF TYBROOKE, L.C.
WHEREAS, Rezoning #02-99 of Tybrooke, L.C., was submitted by Painter -Lewis, P.L.C., to
rezone 2.99 acres from RA (Rural Areas) to B2 (Business General). This property is located on North
Frederick Pike (Route 522) at Albin; one mile north of Winchester Bypass (Route 37), and is
identified with Property Identification Number 42-A-253 in the Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on March 3, 1999;
and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April
12, 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 2.99 acres from RA (Rural Areas) 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 #09-99
•
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of April, 1999 by the following recorded vote:
James L. Longerbeam, Chairman
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr.
OA\Agcndas\COMMENTS\REZONING\RE SOLUTN\Tybrookc,L.C..RES
Aye Richard C. Shickle
Aye Margaret B. Douglas
Aye Robert M. Sager
A COPY ATTEST
Jkkhn R. Riley, Jr.
Frederick County Administrator
Aye
u
•
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 42-((A))-253
District
Frederick County, Virginia
April 13, 1999
Prepared for: Tybrooke, L.C.
Mr. Chester Renner
2118 North Frederick Pike
Winchester, Virginia 22603
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street - Suite 200
Winchester, VA 22601
Tel.: (540)-662-5792
Job Number: 9711017
PROFFER STATEMENT
PARCEL ID 42-((A)-253
INTRODUCTION
The subject parcel contains 4.1 acres and is the site of the Ridge Country Store. The current
zoning is B2 and RA. Adjacent property is zoned RA. The owner desires to rezone the entire
parcel B2 and subdivide the parcel into two lots. Lot No. 1 will contain the Ridge Country Store.
Lot No. 2 will be developed for uses allowed under the B2 zoning.
The intended purpose for the rezoning of the subject parcel would be to allow the construction of
a small commercial establishment which would complement the existing Country Ridge Store.
The proposed lot has a drainfield approved by the Lord Fairfax Environmental Health District.
The drainfield is limited by size to approximately 20 employees in a commercial establishment.
For this reason, the owner is willing to proffer a limit on the types of uses permitted on the tot.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of Frederick
County shall approve Rezoning Application # 02-99 for the rezoning of 3.0 acres on Parcel
42-((A))-253 from RA to B2, development of this particular 3.0 acres will be in conformity with
the terns 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
The land and any improvements thereto will be expressly not used for the following uses
nonnally permitted under the B2 zoning:
-Hotels and motels
-Organization hotels and lodging
-Car washes
-Motion picture theaters
-Golf driving ranges and miniature golf courses
-Model home sales offices
-Commercial batting cages operated outdoors
-Adult care residences and assisted living care facilities
Monetary Contribution to Frederick County Service Organizations
The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of
$727.24 for impacts to fire and rescue services. This sum will be paid upon receipt of a building
permit for the proposed use structure.
PROFFER STATEMENT
PARCEL ID 42-((A)-253
i
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:
Mr. Chester Renn r
Chester Renner
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this /3,'` day of by
Mr. Chester Renner.
My commission expires on Expiration Date July 31, 2002
Notary Public
0
•
�HAxTh�
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
DAVID R. GEHR EDINBURG RESIDENCY
COMMISSIONER 14031 OLD VALLEY PIKE
P.O. BOX 278
EDINBURG, VA 22824-0278
February 19,1998
Mr. John C. Lewis, P.E.
C/O Painter -Lewis, P.L.C.
302 South Braddock Street, Suite 200
Winchester, VA 22601
Dear John:
JERRY A. COPP
RESIDENT ENGINEER
TELE(540)984.5600
FAX (540)984.5607
Ref: Tybrooke, L.C.
Route 522 (North Frederick Pike)
Frederick County
Parcel ID-42-((A))-253
We have reviewed the Impact Analysis Statement dated February 17, 1998 for the
referenced parcel and offer the following'comment:
No objection to rezoning of this property. Before development, this office 7vill
require a complete set of construction plans detailing entrance designs, drainage
features and traffic flow data from the I.T.E. Trip Generation Manual, Fifth
Edition for review. Any work performed on the State's right-of-imy must be
covered under a land use permit. This permit is issued by this office and requires
an inspection fee and surety bond coverage.
Also, you should update Page 2 of the analysis to show the average daily traffic volume
on Route 522 at the site to be 16,000 trips per 1995 Traffic Counts.
If there are any questions or we can be of additional assistance, please call.
BJS/rf
Attachments
Sincerely,
Barr//y . Sweitzer
Trans. Roadway Engineer
For: - Norman K: Sparks
Trans. Asst. Resident Engineer
xc: Mr. S. A. Melnikoff
Mr. Kris Tierney
WE KEEP VIRGINIA MOVING
•
0
Rezoning Comments
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
P.O. Box 278
Edinburg, Virginia 22824-0278
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
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.
9t,1�
Applicant's Name:%tF.�'(1�i�- �,�5 .� Telephone:NjV �%�'�j�C(Z
Mailing Address: V;OZ G2 . V2V fs:DVnS�--
Location of property: tt%A flg1 0522 A'T ALSI to
Current zoning: Zoning requested: Acreage:Z $1q
Virginia Department of Transportation Comments:
See attached letter from VDOT to fair. John C. Lewis dated February 19, 1998
VDOT Signature & Date: 02/19/98
er A. Copp, Trans. Resident Engineer
Noti e o VDOT - Please Return Form to Applicant
20
IMPACT ANi\LYSIS STA'VLANIILIv 1
PAI?.CEL ID: 42-((i\))-253. •
kM TURE' WOODLANDS
The site is generally without mature woodlands. A stand of inlnlature trees exists in the area
containing steep slopes. Limited disturbance of woodlands play potentially occur during
construction.
SOILS .
According to the Soil Survey of Frederick County, the site contains the following soil types:
Frederick-Poplimento loams, 2-7%, (1413) and Fredeick-Popliniento loams, very rocky, 7-15%,
(16C). These soils are part of the Frederick-Poplimetlto-Oaklet association which are gently
sloping to very steep, very deep, well drained soils formed in material weathered from limestone.
The Unified soil classifications are GM, GC, ML, CL, and SC. Weathered bedrock. can be
reas of the site are
expected at relatively shallow depths below the ground surface. Certain a
suitable for a sanitary subsurface absorption system.
B. SURROUNDING PROPERTIES
The site to be rezoned is bordered on the east and south by property used for agricultural
purposes and owned by J. P. Good . All of this property is zoned RA. To the north is land used
for agricultural purposes and owned by E. B. Barnhart. This land is zoned RA. To the west is the
Route 522 right-of-way. Across the right-of-way is property owned by E. B. Barnhart. This land
is zoned RA. No adverse impacts from the proposed development of the site are anticipated. The
nearest residential dwelling is located approximately 500 feet to the west across the Route 522
right-of-way.
The Albin area is a mixture of small businesses, churches, orchards and private residences.
Accessibility and visibility from US Route 522 has encouraged the establishment of businesses
whiCh Include the Virginia. Farm Market, Albin Ridge Mini Storage, Reading Landscapes, Ridge
Country Store, and Omps Garage. The Frederick County Cornprellensive Plan Land use Plan
identifies Albin as a potential rural community center". The proposed rezoning would be an
addition to the already established private commercial services in the area.
C,gg6 ' (�qq5�
_ o
C. TRAFFIC V 96a
According to a 1 888 document published by the V r ' Department of Transportation, the
average daily traffic volume on Route 522 at the site is 11,22 trips. Route 522 is a divided, four
lane road at the site. Access is from the north bound lanes only. The nearest median crossover is
located approximately 100 feet south of the southern entrance to the Ridge Country store.
Traffic impacts 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 holidays or merchandise sales. Vehicle trips are estimated using the ITE Trip
Generation Manual, Fifth Edition for the category of "Specialty Retail Center". Since we know
the capacity of the drainfield is limited to twenty employees, we can base the trips on the number
page 2
COUNTY OF FREIDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No.RZ98-0005 Date Received 2/17/98 Date Reviewed 3/10/98
Applicant Painter -Lewis, PLC.
Address 302 S. Braddock St. Suite 200
Winchester, Virginia
22601
Project Name Rt. 522 at Albin (Cowley) Phone No. 540-662-5792
Type of ApplicationRe-Zoning Current Zoning RA
1st Due Fire Co. 15 1st Due Rescue Co. 15 Election District Gainesboro
Tax I.D. No. 42-A-253
RECOMMENDATIONS
Automatic Sprinkler SystemXX Residential Sprinkler System
Automatic Fire Alarm SystemXX Other
REQUIREMENTS
Emergency Vehicle Access
Adequate Inadequate Not IdentifiedXX
Fire Lanes Required Yes 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 No
Signature(�/ ? Title
Rezoning Comments 1) �D J
Frederick -Winchester Health Department
Mail t
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Winchester, Virginia 22601
(540) 722-3480
Hand deliver to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Suite 201
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick -Winchester Health Department with their review. Attach a copy of your
application form, location map, proffer statement, impact analysis, and any other
pertinent information.
Applicant's Name: " >:.�'j .�- 5 ' Telephone: r2- 40 424:Z5'2.
Mailing Address: �70Z e�;;7
Location of property:-V-eult� *? Z•Z f-,< i IA
Current zoning: Zoning requested:j2 Acreage:
Frederick -Winchester Health Department's Comments:
Say �JjaLW l ektl-r
c Health Dept. Signature & Date: 2 2
Notice to Health Department - Please Return This Form to the Applicant
26
Rezoning Comments
ArS�rA'#..r�,•'(1•_....�..�..�n.':'+i'nf'..',.: �..T4 .�,A!�s,�'p�.•n.r,Y.')'�..�.^"1M.'.1r.P;!:'..y .�4 �.,Q .r..:l.... � - r i •)--. )Y: ..rd
Frederick County Department of Public Works
Mail to: Hand deliver to:
Frederick County Dept. of Public Works Frederick County Dept. of Public Works
Attn: Director of Engineering Attn: Director of Engineering
107 North Kent Street County Administration Bldg., 4th Floor
Winchester, Virginia 22601 107 North Kent Street
(540) 665-5643 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: 1�"[��Z: �IS Telephone: UoZ67-1 Z
Location of property: 7=2vm>y
Current zoning: a.
Zoning requested: SZ
Acreage: Z.o
Depa ment of Public Work's Comments: 1 ,
S o. �c�nc�.huv� WY, Ciao wc. w. m4tiuV— cJAs ►�
1MC�II�GIc0J.,�,1
s o -� s ' Q%
Public Works Signature & Date: �• 8
Notice to Dept. of Public Worko Please Return This Form to the Applicant
21
KhU=lVty
FEB 1 7 W
FREDERIgK Co.-.
IS-
Rezoning Comments
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
Applicant: Please fill out the information as accurately as possible in order to assist the
Historic Resources Advisory Board with their review. Attach a copy of your application
form, location map, proffer statement, impact analysis, and any other pertinent
information.
Applicant's Name:: �t 14'fe' {-- (jt.Vt,S QL.6 Telephone: e;40 &(oZ � 2
Mailing Address: ?2OZ S. 52.4-PL CE- s�• r 1Y��'
We k44*ae - . vts 2Z&,O 1
Location of property: Z
o �o
�V
` J
Current zoning: Zoning requested: 2 Acreage:_
Advisory Board Comments:
H5
nitc_"�l�uA.ws pus ►�e� a1a., �., C-C-oss
w,s
T �T-
Signature & Date:
Notice to Advisory Board - Please Return Form to Applicant
19
A_o
Rezoning Comments
F''��'eY'�Frr.:...., ...., ,.. ....n..-,fir. t,,...-ei '.,.,.�.�ir-,.,�...:�^{�� .. k ..r.n,•.-.�.c ,..�. .. �,. N
Frederick County ii Attorney
Mail to:
County Commonwealth's Attorney
Winchester -Frederick Co. Judicial Center
5 North Kent Street
Winchester, Virginia 22601
(540) 665-6383
Hand deliver to:
County Commonwealth's Attorney
Winchester -Frederick Co. Judicial Center
5 North Kent Street, 2nd Floor
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Conunonwealth's Attorney's Office with their review. Attach a copy of your application
form, location map, proffer statement, impact analysis, and any other pertinent
information.
Applicant's Name: Telephone:4D (ofo2 511
Mailing Address: ?X%Z S - 99164_)00011_
\e4l rc;v IV
f,199g
Location of property: Stre 45 7e7- ! e omG ;
!� p0110 DIN
I
Current zoning: Zoning requested: Acreage: Z
's Attorney's Comments: r
v
i
Attorneys
Signature & ate:
Notice to Commonwea th's Attorney - Please Return This Form to the Applicant
18
0
Ll
IMPACT ANALYSIS STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 42-((A))-253
Gainesboro Magisterial District
Frederick County, Virginia
January 22, 1999
Prepared for: Tybrooke, L.C.
Mr. Chester Renner
2118 North Frederick Pike
Winchester, VA 22603
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Te1..0: (540) 662-5792
Job Number: 9711017
IlVIPACT ANALYSIS STATEMi
PARCEL ID: 42-((A))-253
9
IMPACT ANALYSIS STATEMENT
TABLE OF CONTENTS
section
page
i.
INTRODUCTION
I
A.
SITE SUITABILITY
I
B.
SURROUNDING PROPERTIES
2
C.
TRAFFIC
2
D.
SEWAGE CONVEYANCE AND TREATMENT
3
E.
WATER SUPPLY
3
F.
DRAINAGE
3
G.
SOLID WASTE DISPOSAL FACILITIES
3
H.
HISTORIC SITES AND STRUCTURES
4
I.
COMMUNITY FACILITIES
4
J.
OTHER IMPACTS
4
APPENDIX
5
IMPACT ANALYSIS STATEME*
PARCEL 1D: 42-((A))-253
L INTRODUCTION
The parcel contains 4.1277 acres and is located on US Route 522 near the Village of Albin.
Exhibit 1 shows the location of the parcel. The parcel is the site of the Ridge Country Store. The
parcel contains split zoning. The portion containing the Ridge Country Store is zoned B-2,
Business General District, and contains 49,708 square feet, 1.14 acres. This area was rezoned in
1986: Frederick County ID #021-86. The remainder of the parcel, 2.99 acres, is RA -Rural
Agricultural. Property adjacent to this 4.1 acres is zoned RA. Please refer to Exhibit 2. The owner
desires to rezone the remainder of the subject parcel currently zoned RA to B2. Once the parcel is
rezoned, the owner desires to subdivide the lot into two tracts in accordance with current
subdivision regulations.
Access to the subject parcel is proposed via US Route 522. Interparcel access will be proposed
between the Country Ridge Store and the proposed lot. Upon the agreement of all affected
parties, an access easement agreement will be executed between the parties to insure interparcel
access.
The intended purpose for the rezoning of the subject parcel would be to allow the construction of
a small commercial establishment which would complement the existing Country Ridge Store.
The property contains two drainfields approved by the Lord Fairfax Environmental Health
District. One drainfield is developed and currently serves the Ridge Country Store. The second
drainfield is undeveloped and has a limited capacity of approximately 10 employees in a
commercial establishment working two -eight hour shifts. For this reason, the owner is willing to
proffer a limit on the types of uses permitted on the lot. Please refer to the attached Proffer
Statement.
A. SITE SUITABILITY
The majority of the site is well suited for development of a small commercial use. The building
site is generally restricted to the eastern and southern portion of the lot. The site is occasionally
interrupted by limestone outcrops. Access can be obtained along the Route 522 frontage.
100 YEAR FLOOD 1'LAIN
FIRM Community Panel Number 510063 0105 B shows the parcel is not within designated areas
of the 100 year flood.
WETLANDS
No wetlands have been identified on the site.
STEEP SLOPES
The property generally slopes to the northeast. Slopes increase in severity on the northwestern
portion of the lot where the topography rises sharply over limestone. Building in this area will
likely be too costly to pursue. Some of the slopes in this area exceed 15%. Only limited
disturbance of this steep slope area may potentially occur during construction.
page 1
IMPACT ANALYSIS STATEN*T
PARCEL ID: 42-((A))-253
MATURE WOODLANDS
The site is generally without mature woodlands. A stand of immature trees exists in the area
containing. steep slopes. Limited disturbance of woodlands may potentially occur during
construction.
SOILS
According to the Soil Survey of Frederick County, the site contains the following soil types:
Fred erick-Poplimento loams, 2-7%, (1413) and Fredeick-Poplimento loams, very rocky, 7-15%,
(16C). These soils are part of the Fred erick-Poplimento-0aklet association which are gently
sloping to very steep, very deep, well drained soils formed in material weathered from limestone.
The Unified soil classifications are GM, GC, NIL, CL, and SC. Weathered bedrock can be
expected at relatively shallow depths below the ground surface. Certain areas of the site are
suitable for a sanitary subsurface absorption system.
B. SURROUNDING PROPERTIES
The site to be rezoned is bordered on the east and south by property used for agricultural
purposes and owned by J. P. Good . All of this property is zoned RA. To the north is land used
for agricultural purposes and owned by E. B. Barnhart. This land is zoned RA. To the west is the
Route 522 right-of-way. Across the right-of-way is property owned by E. B. Barnhart. This land
is zoned RA. No adverse impacts from the proposed development of the site are anticipated. The
nearest residential dwelling is located approximately 500 feet to the west across the Route 522
right-of-way.
The Albin area is a mixture of small businesses, churches, orchards and private residences.
Accessibility and visibility from US Route 522 has encouraged the establishment of businesses
which include the Virginia Farm Market, Albin Ridge Mini Storage, Reading Landscapes, Ridge
Country Store, and Omps Garage. The Frederick County Comprehensive Plan Land use Plan
identifies Albin as a "potential rural community center". The proposed rezoning would be an
addition to the already established private commercial services in the area.
C. TRAFFIC
According to a 1995 traffic count conducted by the Virginia Department of Transportation, the
average daily traffic volume on Route 522 at the site is 16,000 trips. Route 522 is a divided, four
lane road at the site. Access is from the north bound lanes only. The nearest median crossover is
located approximately 100 feet south of the southern entrance to the Ridge Country store.
Traffic impacts 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 holidays or merchandise sales. Vehicle trips are estimated using the ITE Trip
Generation Manual, Fifth Edition for the category of "Specialty Retail Center". Since we know
the capacity of the drainfield is limited to twenty employees, we can base the trips on the number
page 2
IMPACT ANALYSIS STATE
PARCEL 1D: 42-((A))-253
of employees. For the purposes of this report, we will estimate the number of lots based on the
following assumptions:
Average Vehicle D113 Lnds-Weekday: 22.36 x 20 = 447
Average Vehicle Ti-ip Ends-Salzn•day: 23.11 x 20 = 462
Traffic will enter and leave the property via direct access to Route 522. The design of the
entrance will have to meet the standards of the Virginia Department of Transportation.
D. SEWAGE CONVEYANCE AND TREATMENT
There are currently no public sewerage facilities available to serve the site. The site has received a
permit fi-om the Commonwealth of Virginia Department of Health. The permit stipulates that a
drainfield has been identified on the property which would support an estimated water usage of
625 gallons per day. The Health Department estimates that the drainfield can support 10
employees working two -eight hour shifts. According to available records, this drainfield has been
installed in anticipation of future development. Please refer to Exhibit 5.
E. WATER SUPPLY
There are currently no public water service facilities to serve the site. It is anticipated that an
adequate water supply can be obtained from a standard commercial well to be drilled on the site.
The well and water supply works will have to meet the standards of the Virginia Department of
Health, Office of Water Programs.
F. DRAINAGE
US Route 522 divides the natural drainage areas which contribute to Parish Run and Babbs Run.
The site lies within the Babbs Run watershed. There are no permanent of intermittent streams on
or near the site. Babbs Run goes through Lake St. Clair and eventually to Back Creek.
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 an on site detention facility will be constricted to serve the proposed
development as well as the existing improvements associated with the Ridge Country Store.
G. SOLID WASTE DISPOSAL FACILITIES
The nearest solid waste transfer facility is located approximately 1/2 mile to the southeast on
Route 679, Indian Hollow 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 twenty 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 3
IMPACT ANALYSIS STATEMEJ
PARCEL ID: 42-((A))-253
cost = cast per lon of waste x toimage
$219. 00 = $60. 00 x (20115s) x (112000 115.0on) x 365 days/yeay-
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 Second Battle of Winchester is
relatively close to the site. It's limits are to the southeast and across Route 522. The Rural
Landmarks Survey Report lists several architecturally or historically significant sites and
structures within approximately one mile of the site. Please refer to Exhibit 3.
The Rural Landmarks Survey Report recognizes that the subject property is within the viewshed
of "Long Green". The original portion of the house was constricted prior to 1800 and is
considered a significant historic resource. The Historic Resources Advisory Board recommends
that screening be installed along the eastern portion of the property to preserve the viewshed.
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 Roundhill Community Fire and Rescue Company No. 15 located
approximately 3.0 miles to the southwest on US Route 50. 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 capital cost for emergency service facilities attributable
to this development is $234.00.
PARKS AND RE, CRE 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 4
IMPACT ANALYSIS STATEMEJ6
PARCEL ID: 42-((A))-253
0
IMPACT ANALYSIS STATEMENT
APPENDIX
item
EXHIBIT 1
SITE LOCATION
I
EXHIBIT 2
PROPERTY MAP
2
EXHIBIT 3
HISTORIC STRUCTURES
3
EXHIBIT 4
HEALTH PERMIT
4
EXHIBIT 5
FISCAL IMPACT MODEL
5
EXHIBIT 6
CURRENT TAX STATEMENT
6
EXHIBIT 7
PROFFER STATEMENT
7
EXHIBIT 8
SITE MAP
8
EXHIBIT 9
PROPERTY DEED REFERENCE
9
page 5
5362 I SW
BERKELEY SPRINGS W.VA. 31 MI. 142 (WHITE HALL)
GA/NE B RO 3 1 Ml. 12'30"
'If/, -�, ` s� / pl u i ei>•i;� 1
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PROJECT: DATE: 12-15-97
PAINTER—LEWIS, P.L.C. SITE LOCATION SURVEY: NA
302 South Braddock Street. Site 200 A PROPOSED REZONING DRAWN: JCL
Winchester. Virginia 22601 SCALE: 1" = 2000• EXHIBIT:
Telephone (540)662-5792 PARCEL 42—((A))-253 C.I.: no
Facsimile (540)662-5793 FREDERICK COUNTY, VIRGINIA JOB NO.: 9711017
rnu�t�i DATE: 12-15-97
PAINTER-LEWIS, P.L.C. PROPERTY MAP SURVEY: OREENWAY
302 South Braddock Street, Suite 200 DRAWN: JCL
A PROPOSED REZONING EXHIBIT
Winchester. Virginia 22601 SCALE: 1' = 100'
Telephone (540)662-5792 PARCEL 42-((A)-253 C_I_: no 2
Facsimile (540)662-5793 FREDERICK COUNTY, VIRGINIA JOB NO.: 9711017
•
•
NUMBER COMMON NAME
34 533 House, Route 522
34 534 Solenberger Orchard
34 535 Reading Landscapes
34 536 House, Route 522
34 537 Davis, G.H. Store and Station
34 538 Janney -Davis -Massey House
34 539 Albin Cash Grocery
34 540 Luttrell, Howard House #1
34 541 Luttrell, Howard House 32
34 542 House, Route 789
34 543 House, Route 789
34 544 Faith Revival Center
34 545 Edwards House
34 546 Greystone Farm
34 547 House, Route 789
34 548 House, Route 789
34 549 Reynolds, Lloyd House
34 550 Howard House
34 551 Ungers' Maple Hill
34 552 Buncutter House
34 553 Hudson House
34 554 Mayes House
34 555 Factory Outlet, The
34 556 House, Route 679 at Route 789
34 557 Judge Tavenner Place
34 558 Solenberger-Dove House
34 559 House, Rt. 679
PROJECT:
DATE- 12-15-97
PAINTER-LEWIS, P.L.C.
HISTORIC STRUCTURES
SURVEY: NA
302 South Broddock Street. Suite 200
A PROPOSED REZONING
DRAWN: JCL
SCALE: 1" = 2000'
Winchester, Vr91nio 22601
Telephone (540)662-5792
"
PARCEL 42—(( A))-253
C.I.: no
Facsimile (540)662-5793
FREDERICK COUNTY, VIRGINIA
JOB NO.: 9711017
EXHIBIT:
N
Commonwealth of Virginia
• ,r.
Health Department
osDe
artment of HeatIdentification
G. !1.,. !_ u__u�
(
n,......+..,....r
Numbe""-7
y�+-l4—?
fulan RafarenCe
f
General Information
New Repair ❑ Expanded ❑ Conditional ❑
Based on the application for a sewage disposal system
FHA ❑ VA ❑ Case No, ----
construction permit filed in accordance with
Section
3.13.01, a construction permit is hereby issued to:
S J 5 c 3
Owner --° p,� L. Cuc !
' IL "2 nt r.',it: 1, i i�s�
Telephone'
L.1I c _ L. } Z? (cC
Address .211Y
For a Type -_ .___ Sewage disposal s stem which is to be constructed on/at —
—
_
Subdivision _— — Section/Block -_ Lot
Actual or estimated water use I C Elf1 L� �Ts
DESIGN
NOTE: INSPECTION RESULTS
Water supply, existing: (describe)
Water supply location: Satisfactory yes ❑
no ❑
sEE S-P Y4 - 3-11
comments
G. W. 2 Received: yes ❑ no ❑ not applicable ❑
To be installed class
cased —' grouted
Building sewer:
Building sewer: yes ❑ no ❑
comments
'L '_ I.D. PVC 40, or equivalent.
Satisfactory
Slone 1.25" per 10' (minimum).
. & 0
❑ Other
-S,
Septic tank: Capacity 1.2 by gals. (minimum).
r�
Pretreatment unit: yes no ❑
comments
❑ Other
Satisfactory
Inlet -outlet structure: /'2 H ' iLL
Inlet -outlet structure: yes no ❑
comments
PVC 40, 4" tees or equivalent.
Satisfactory
❑ Other
Pump and pump station:
Pump & pump station: yes ❑ no ❑
comments
No Yes ❑ describe and show design.
Satisfactory Nf�
if
Conveyance method: yes no ❑
comments
yes:
Gravity mains: 3" or larger I.D., minimum 6" fall per
100', 1500 lb. crush strength or equivalent.
Satisfactory
❑ Other
Distribution box: ,3 - /-loxes S`e-iiMt. - e/ 1 ii1,;
Distribution box: yes no ❑
comments
Precast concrete with ports. .17 Y-
Satisfactory �y
❑ Other Sr-r ini CeNL re c,tce-f
Header lines:
�7`noE]
Header lines: yes
comments
Material: 4" I.D. 1500lb. crus strength plastic or equiva-
Satisfactory,SNin
�M�ht�.vtit
lent from distribution box to 2' into bsor tion trench.
CJ &/
Slope 2" minimum. +
0 V&YL i¢LL MIt I S
r1 Other
Percolation lines:
Gravity 4" plastic 1000 lb. per foot
equivalent, slope 2" 4" (min. max.) pe
❑ Other I" f yi - 3 ' 4-C.ZT7�
Percolation nnes:
bearing load or Satisfactory
r 100'.
.1 / d._
Absorption trenches:
Square it. required -0 : depth from ground sure ce
to bottom of trench ; aggregate size
Trench bottom slope ' 4, _,31. c!'5", 70 Vk
center to center spacing; trench width
Depth of aggregate
Trench length _- 70 Number of trenches f -
C.H S 202A Revised 6184
Absorption trenches:
Satisfactory
Date
yes 0 nv u L.vn.... --
yes El' no ❑ comments
Inspected and approved by:
Sanitarian
N
Health Department
Identification Number
Schematic drawing of sewage disposal system and topographic features.
PAGE ` OF z
Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may Impact on the design of
the system, all existing and/or proposed structures including sewage disposal systems and wells within 100 feet of sewage disposal system and
reserve area. The schematic drawing of the sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance sys-
tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show all
sources of pollution within 100 feet.
(' The information required above has been drawn on the attached copy of the sketch submitted with the application.
Attach additional sheets as necessary to illustrate the design.
1. bq' S�Vf=F P.L.
_ V
VDot=F j1l0rvu1nC1j1_
r
S')"App"
�,tis rrY�� l Z - 76
3 iTsr. R.xRs f2el`""D
s-i- Ni r-O k In
Faen,L J 1Ee41t IA-41< f`D
,�P�,► rr� �aX o2 E L S F_
P�OVII (,SILL QC �i��y L.it _D
t.+n1K AV D S�CwCv2 Li^,t
/mo — B /—O' Ft?a4k ry'ST►it1 WFZLL
7 4+-I vFIELD ►/IkLA_ST- QE 0�� Fi2)hx FXlsnky"
Aril oT7t®l` LJEL-S . sn `Fvi2 3 8 _
�r Q� `�38 o `( -to .�3� .+LE
C
I
The sew4 disposal system is to be /onstructed as specified by the permit Vor attached plans and specifications ❑ .
This sewage disposal system construction permit Is null and void If (a) conditions are changed from those shown on the application (b) condi-
tions are changed from those shown on the construction permit.
No part of any Installation shell be covered or used until inspected, corrections made if necessary, and approved, by the local health department
or unless expressly authorized by the local health dept. Any part of any Installation which has been covered prior to approval shall be uncov-
ered, If necessary, upon the direction of the Department.
Date: �O —2-XI— 13 Issued by: This Construction
Sanits a Permit Va id u til
ZdqDate: Reviewed by: _
Supervisory Sant Han
-----------------------------------------------------------------------
If FHA or VA financing
Reviewed by Date
C.H.S. 202E Revised 6(84
Supervisory Sanitarian
II -?A
OR 1 G 1 NA(_
Date
Regional Sanitarian
•
•
DRAINFIELD I
I
' I
\ AREA CURRENTLY ZONED RA
2.99 ACRES I
I
I
NSF P I
PROPOSED SUBDIVISION LINE
LQ
PAINTER-LEWIS, P.L.C.
302 South Braddock Street. Suite 200
1AKnchester, Virginia 22601
Telephone (540)662-5792
Facsimile (540)662-5793
SITE MAP
A PROPOSED REZONING
PARCEL 42-((A))-253
FREDERICK COUNTY, VIRGINIA
DRAINFIELD
RIDGE COUNTRY STORE
WEA CURRENTLY ZONED 62
DATE: 2-3-98
SURVEY: Marsh k Legge
DRANK: JCL EXHIBIT:
SCALE: 1" = 80'
C.I.: no
J08 NO.: 9711017
--------------
OUTPUT MODULE
Fire Department
Rescue Department
Elementary Schools
Middle Schools
High Schools
Parks and Recreation
TOTAL
---------------------------
FIRE AND RESCUE ADDENDUM
------
6
-------- Net
Fiscal
Capital
cots.
Impact
Credit
$80
S154
SO
$0
$0
.$ 4
S234
------------------------
$1,706,040
New Capital Costs Not
Covered by County
Contributions
-----------------------------------------------------
NOTES: Model Run Date 12/16/97 EAW
P.I.N. 42-A-253 Rezoning: 2.99 acres assuming:
63,870 sq.ft.retail on 2.99 acres of B2
Credit for
Taxes to
Capital
Costs
$312
$1 13,986
S6.776
5121,073
$ 72 7.24
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.
Net
Impact
SO
• FINAL. PLAT •
HOUNDARY LINE ADJUSTMENT
RODNEY L. AND ELLEN C. COWLEY
AND ELLEN 13. BARNHAR'T
Gainesboro District, Frederick County, Virginia
May 7, 1992
•.r8\ I �« it � II
i �.. • 71 ....._�. \ 252
0
Le8 25S r p
7C ? � �. `— ✓ 244
27,
!;'. Zru
-31 E
L _I 1�..� { I 257
"-----------------
y 3 244
4 \
L3 �= : r. zg_i ( * 211
Location Hap l" = 1000'
OWNER'S CERTIFICATE
']'HIS DIVISION, AS IT APPEARS ON THIS PLAT, IS 4,TH THE
FP CONSENT IN ACCORDANCE WITH THE DESIRES OF THE
UN E: S GNE R, PROPRIETORS AND TRUSTEE, IF ANY.
L. Cow Ellen C. Cowl Ellen B. Barnhart
SURVEYOR'S CERTIFICATE
THIS IS TO CEPTI FY THAT THE LAND IN THIS BOUNDARY LINE
ADJUSTMENT IS ALL THE LAND CONVEYED TO RODNEY L. COWLEY BY
DEEDS DATED MAY 19, 1986, DE:CEMBER 30, 1988 AND JANUARY 12,
199U IN DEED E30OK 616, PAGE 758, DEED BOOK 702, PAGE 598 AND
DEED BOOK 736, PAGE 797 AND A PORTION OF THE LAND CONVEYED
TO ELI,EN B. BARNHAR'T BY DEED DATED OCTOBER 19, IN DEED
[TOOK 328 AT PAGE 1 77 , 196Low
11. Bruce Edens, LS
PARCEL NUMBERS:
42 A 253 AND 42 A 244
ZONED RA AND B2
APPROVALS
Subd. Admin. Date 11eaf VDept. Date U 1
BRUCE EDENS
SCALE, 1 " ` 100' DATE , MAY 7, 1'972 No. �'��
RE V. JUC 12,1�2
GREEN WAY INC. /�/yz�,
1104 Baker Lane , wnChesler, Virginia 22601 • 703-662-4185
H. Bruce Edens ,L.S.-President
SURVEYING - DESIGNING - PLANNING
RESIDENTIAL • AGRICULTURAL- COMMERCIAL- INDUSTRIAL- CONSTRUCTION r SHEET ( o} 2
GLEN B. Z34ZA1fi1,4,?7 i
' 3Z6 Ph. /77 P"CEG Z
I
I iZ. i4 �coEy PC W11j1/NG Ae54 74A eZM,,(v
4G'45 " E__ 46,7. GD' I.P5.
NZD'/3'/5"w 0. 52/ 11 CKES :
50. 005G �¢
I LOT LINE
PROPOSED � I To BE
PPA 114 FI E 10 VACATED
SITE
� �POONEY G. COIVLc'Y, ET. �/X. /
OB. 70Z PG. 5�9 �O.924 Ac. )
Ofj. 79G "G. 797
pro Q�
�0
NOTE: THE 0. 52 / 46RE 7Z4cr /5 ra BE
✓OiNEO All rN 4,,V0 BEOOME .� P.4C'r
OF rf/E /. !%OZ 11C,PE r.P4C - 6O.Vl,EYEO
TO (Vd9hVEY L. 4N0 ELLEN e'. e2al4CEY
6Y OEEO 04rED ✓4N!/4,CY 14 /990
/N OEEO BdM' 2'3lo P.oGE 797,
I
I
FINAL PLAT $
BOUNDARY LINE ADJUSTMENT
RODNEY L. AND ELLEN C. COWLEYO
AND ELLEN B. BARNHART
Gainesboro District, Frederick County, Virginia v gRUCEEDENS
SCALE /" _ /0O' DATE e M,4>' 7 /992 No.-8 0001a
GREEN WAY , INC. REV. JULY Z, f'»2 S
1104 Baker Lane , Winchester, Virginia • 22601 • 703-662-4185 h ✓ �0
H. Bruce Edens,L.S.-President SiJ
SURVEYING — DESIGNING — PLANNING
RESIDENTIAL • AGRICULTURAL- COMMERCIAL- INDUSTRIAL- CONSTRUCTION I SHEET 7 of
UK0 1G014Wi
this 9' day of September,
RODNEY L. COWLEY and ELLEN C. COWLEY, husband and wife, hereinaRer Grantors;
and TY ROOKE. L. C a Virginia Limited Liability Company, hereinafter Grantee.
That for and in consideration of the sum of Ten Dollars ($10.00),
cash in hand paid, and other good and valuable consideration, the receipt of all of which is
hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with general
appurtenances thereunto belonging:
All of that certain tract or parcel of land, together with the improvements thereon
and appurtenances thereunto belonging, lying and being situate on the East side
of U.S. Route 522 North in Gainesboro Magisterial District, Frederick County,
Virginia, containing 4.13 acres, more or less; and being the same property
conveyed to Rodney L. Cowley and Ellen C. Cowley. husband and wife, by the
following Deeds of record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia: Deed dated May 19, 1986 from Weldon G. Oates and Alice
C. Oates, husband and wife, conveying 49,708 square feet, recorded in Deed
Book 616 at Page 758; Deed dated December 30, 1988 from Ellen B. Barnhart
and Philip W. Bamhart, her husband, conveying 0.924 acre, recorded in Deed
Book 702 at Page 598; Deed dated January 12, 1990 from Ellen B. Barnhart and
Philip W. Barnhart, her husband, conveying 1.542 acres, recorded in Deed Book
736 at Page 797; and Deed dated July 17, 1992 from Ellen B. Barnhart
conveying 0.521 acre, recorded in Deed Book 781 at Page 596. Each of the
above -described tracts of land was added to, consolidated with, and made a part
of the previously acquired tracts to comprise one 4.13 acre tract of land.
instruments and the attachments and the
references therein contained for a further and more particular description of the property hereby
This conveyance is made subject to all duly recorded and enforceable restrictions,
This conveyance is expressly made subject to the reservation by the Grantors herein of
an option to, and the obligation of the Grantors to, re -acquire a portion of the property conveyed
herein, said portion consisting of approximately 2.99 acres (being everything conveyed herein
except a parcel containing approximately 49,708 square feet of land, more or less, improved by
the "Ridge County Store" and related fixtures and equipment) in accordance with that certain
unrecorded "Collateral Re -Purchase and Contingency Agreement Amending and Modifying
Purchase Agreement Dated July 22, 1997," by and between TyBrooke, L.C., a Virginia Limited
Liability Company, and Rodney L. Cowley and Ellen C. Cowley, husband and wife, and others,
EKS 'I 1 G 0!10 5 0
Except as noted above, the Grantors covenant that they have a right to convey said
property to the Grantee; that they will execute such foriher assurances of title to said property
as may be requisite; that they are seized in fee simple of the property conveyed; and that the
Grantee shall have quiet possession of said property free from all encumbrances.
WITNESS the following signatures and seals:
_(SEAL)
EY cow
ELLEN C. COWLEY
TYBROOKE, L.C.
By:
Chester A. Renner, Member
By: ( (SEAL) Renner, �aRenerl�fem
STATE OF VIRGINU
CITY OF WINCRESTER, to -wit:
Subscribed and sworn to before me this day of September, 1997, by Rodney
wle -band and wife.
y and Ellen C. Cowley, husband
C
Notary Public
My Commission expires:
0
0Xa01PGOIt06
STATE OF VIRGINIA
CITY OF WINCHESTER, to -wit:
The foregoing instrument was acknowledged before me, thisday of September,
1997, by Chester A. Renner and Rebecca IV. Renner, as Members of TyBrooke, LC, a
.r».rginia Limited Liability Company, on behalf of said Limited Liability Company.
Notary Public
' My Commission expires:i�,
tybr ke.ded
%vMft1=W=6WM%tt
We"Y WnN., Prh
MW oft
0 ~ NO
� Of ft& KI�O� ofMd SLbMt AMra boa Paµ If SMMINON.
4e.04, ee ONrk
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
January 26, 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#42-A-253, the taxes for
second half 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
AUNTY 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
December 10, 1997
Painter -Lewis PLC
Attn: John Lewis
302 S. Braddock Street
Winchester, VA 22601
Dear Mr. Painter:
Judith K. Malone
Deputy Treasurer
R. Wayne Corbett, CGDT
Deputy Treasurer for Compliance
The real estate taxes on Parcel No. 42-A-253, in the name of Tybrooke, LC, are current as of this
date.
Sincerely,
�)Oq
R. Wayne Corbett
Deputy Treasurer/Compliance
107 NORTH KENT STREET • WINCHESTER, VIRGINIA 22601
COUNTY of FREDERICK
Department of Planning & Development
107 North Kent Street
Winchester, Virginia 22601
X--)
M
CID
to
<
o
a
ir.
M
M
--4
k�
L" L
H!"l T
42 - A- - 254-
COOPER, WILLIAM ETALS TRUSTEES
CHURCH OF GOD
2312 ROOSEVELT BLVD
INCHESTER, VA 22601.3627
NIXIE 000i 1 19 04/08/99 •
RETURN TO SENDER
NOF DELIVERABLE AS ADDRESSED
UNABLE TO FORWARD
WE
I
March 30, 1999
COUNTY of FR EIDIERIUCK
Departanent al' Planning anal Development
5440/665-5651
FAX: 540/ 673-0632
INI O7I rMAtI CA I OF PUBLIC ;-IsARUNG
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #02-99 OF TYBROOKE, L.C.
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on
Monday, April 12, 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 #02-99 of
Tybrooke, L.C., submitted by Painter -Lewis, P.L.C., to rezone 2.99 acres from RA (Rural Areas) to B2
(Business General). This property is located on North Frederick Pike (Route 522) at Albin; one mile
north of Winchester Bypass (Route 37), and is identified with Property Identification Number 42-A-253
in the Gainesboro 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 o Winchester, Virginia 2260I-5000
0
0
COUNTY of FREDERICK
Department of Rlaanning and Deveiopment
540/ 665-565
FAX: 540/673-0632
INI itIr"ICrAVI A I Or PUBLIC MEVIINIG
March 29, 1999
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: SUBDIVISION APPLICATION #03-99 OF TYBROOKE, L.C.
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting on
Monday, April 12, 1999 at 7:15 p.m., in the board room of the Frederick County Administration
Building at 107 N. Kent Street, Winchester, Virginia. This meeting is to consider Subdivision 903-99
of Tybrooke, L.C., submitted by Painter -Lewis, P.L.C., to subdivide 4.1277 acres into two lots. This
property is located on North Frederick Pike (Route 522) at Albin, one mile north of Winchester Bypass
(Route 37), and is identified with Property Identification Number 42-A-253 in the Gainesboro
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,
Eric R. Lawrence
Zoning Administrator
ERL/cc
107 North Dent Street o Winchester, Virginia 22601-5000
•
TO: Finance Department
i
COUNTY of FREIDElR ICK
Department of Planning and Development
540/665-5651
FAX: 540/ 675-0682
MEMORANDUM
FROM: Karen A. Cain, Receptionist/Clerk Typist II
SUBJECT: Return Of Sign Deposit
DATE: June 3, 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 #02-99. 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
0
Tybrooke, LC
2118 North Frederick Pike
Winchester, VA 22603
107 North Kent Street • Winchester, Virginia 22601-5000
0 0
COUNTY of FREDERICK
Department of Planning and Development
5401665-5651
FAX: 540/ 678-0682
1 I irlr"IrMI OBI OF PUBLIC ;-lsARI Ir
February 17, 1999
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #02-99 OF TYBROOKE, L.C.
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on
March 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 #02-99 of Tybrooke, L.C.,
submitted by Painter -Lewis, P.L.C., to rezone 2.99 acres from RA (Rural Areas) to B2 (Business
General). This property is located on North Frederick Pike (Route 522) at Albin; one mile north of
Winchester Bypass (Route 37), and is identified with Property Identification Number 42-A-253 in the
Gainesboro 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
17, % ` 9 c, from the Department of Planning and Development, Frederick
County, Virginia:
42 - A- - 254-
COOPER, WILLIAM ETALS TRUSTEES
CHURCH OF GOD
2312 ROOSEVELT BLVD
WINCHESTER, VA 22601.3627
42 - A- - 255-
GOOD, JOHN P & MARY L
1611 APPLE PIE RIDGE RD
WINCHESTER,VA 22603.3315
42 - A- - 244-
BARNHART, ELLEN TRUSTEE
2398 N QUINCY ST
ARLINGTON, VA 22207.5041
Tybrooke, L.C. (Mr. Chester Renner
2118 N. Frederick Pike
Winchester, VA 22603
PAINTER-LEWIS, P.L.C.
302 S. Braddock Street, Suite 200
Winchester, VA 22601
c�
Evan A. Wyatt, Dep iy Director
Frederick Co. Planni g Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
J,-f+h enn HQI I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director, for the Departrr�ent of Planning
and Development, whose name is signed to the foregoing, dated C , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this �� day of R>b=
My commission expires on f lbu, onj a e) j q qq
1 ARY PUBLIC
f
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
1 WIFICA11 Jl I Ur' PUSL Ir VJE4r\�tljSlr
March 30, 1999
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #02-99 OF TYBROOKE, L.C.
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on
Monday, April 12, 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 #02-99 of
Tybrooke, L.C., submitted by Painter -Lewis, P.L.C., to rezone 2.99 acres from RA (Rural Areas) to B2
(Business General). This property is located on North Frederick Pike (Route 522) at Albin; one mile
north of Winchester Bypass (Route 37), and is identified with Property Identification Number 42-A-253
in the Gainesboro 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,
n
6-b-"7 1. Ir
Evan A. Wyatt
Deputy Director
EAW/cc
107 North Kent Street • Winchester, Virginia 22601-5000
8 I ' 0
This is to certify that the attached correspondence was mailed to the following on
�'41i4z Jafrom the Department ofPlanning and Development, Frederick
County, Virginia:
42 - A- - 254-
COOPER, WILLIAM ETALS TRUSTEES
CHURCH OF GOD
2312 ROOSEVELT BLVD
WINCHESTER, VA 22601.3627
42 - A- - 255-
GOOD, JOHN P & MARY L
1611 APPLE PIE RIDGE RD
WINCHESTER, VA 22603.3315
42 - A- - 244-
BARNHART, ELLEN TRUSTEE
2398 N QUINCY ST
ARLINGTON, VA 22207.5041
STATE OF VIRGINIA
COUNTY OF FREDERICK
PAINTER-LEWIS, P.L.C.
302 S. Braddock Street, Suite 200
Winchester, VA 22601
TYBROOKE, L.C.
Mr. Chester Renner
2118 N. Frederick Pike
Winchester, VA 22603
— &'t"o ff -
Evan A. Wyatt, e uty Director
Frederick Co. Pla ning Dept.
I, , -A j, , . (A A&( 4, a Notary Public in and for the State and County
aforesaid, do hereby certify that Evan A. Wyatt, Deputy Director for the De artment of Planning
and Development, whose name is signed to the foregoing, dated�`j �D . )djg�} , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this ;: -�day ofl�1) m �
My commission expires on 1.
N TARY PUBLIC
PAINTER-LEWIS, P.L.C.
CONSULTING ENGINEERS Tel.: (540) 662-5792
302 South Braddock Street, Suite 200 Fax.: (540) 662-5793
Winchester, VA 22601
January 29, 1999
Mr. Evan Wyatt
Deputy Planning Director
Frederick County
Planning Dept.
107 N. Kent St.
Winchester, VA 22601
Dear Mr. Wyatt:
Please find enclosed, information re: The Proposed Rezoning for TyBrooke copies of
The Deed of Property, Verification of Taxes paid, and pages 13, 14, 15, and 16.
Please contact this office if you have any questions or concerns.
Sincerely,
Monica Butts
Office Assistant
Enclosure
Page 1
RECEIVED
JAN 2 9 1999
DEPT, OF PLANNING/DEVELOPMENT
4-L4-
PAINTER-LEWIS, P.L.C.
f7 - /'? - q -
CONSULTING ENGINEERS Tel.: (540) 662-5792
302 South Braddock Street, Suite 200 Fax.: (540) 662-5793
Winchester, VA 22601
January 22, 1999
Mr. Evan Wyatt
Deputy Planning Director
Frederick County
Planning Dept.
107 N. Kent St.
Winchester, VA 22601
Dear Mr. Wvatt:
For your review please find enclosed, an Application Form, a check for Rezoning Request,
an Impact Analysis Statement, a Proffer Statement for The Proposed Rezoning, Final Plat
for Tybrooke, L.C. and copies of Approved Comments.
Please contact this office if you have any questions or concerns.
Sincerely,
AM
Monica Butts
Office Assistant
Enclosure
Page 1
•
0
hcve cL (:! Cb J