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HomeMy WebLinkAbout008-06 Shawnee Dr. Property - RP to B2 .94 Acres - Shawnee - Backfile0 IF i LL fV oQCA> aj IIRi�I U b11 a f II II C c"c DATE S RECEIVEDFROM C�C� 6 Ed ADDRESS I aq 3� _ 1-C 30 l FOR E 0-)�kku PT.N - A ( o AMT. OF CASH ACCOUNT 1. 1 1 1 AMT PAID 1.4 1.4U ! CHECK I JI Y�7 'j !, No. 2873 la a-;L-t$0 LLQY $ s ILAi s BY P( o p 4 A _ W. HONING TRACKING SI-*-T Check List: Application Form Proffer Statement Impact Analysis Adjoiner Lost DATE `S/c) Application received/file opened Fee & Sign Deposit Deed Plat/Survey " f Taxes Paid Statement Impact Model Run -— Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing 3o CoLode location map ordered from Mapping File given to office manager to update Application Action Summary PC public hearing date ACTION: (�' • �1 _-� x (, p L BOS public hearing date ACTION: Signed -copy -of resolution- for -amendment -of ordinance, with conditions proffered - [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) % Z7 06 Action letter mailed to applicant 11 /2' DiP Reference manual and D-base updated '] File given to office manager to update Application Action Summary (final action) 7 U(� File given to Mapping/GIS to update zoning map Zoning map amended s,fT D I,- I a I �,, U �CuoNCommw\trockingru kmmd OS/09/02 CONALOYERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 July 27, 2006 Mr. John Lewis, P.E. Painter -Lewis, PLC 116 S. Stewart St. Winchester, VA 22601 RE: REZONING 908-06, SHAWNEE DRIVE PROPERTY Dear Mr. Lewis: This letter serves to confirni action taken by the Frederick County Board of Supervisors at their meeting of July 26, 2006. The above -referenced application was approved to rezone .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, for office use. The subject property is located on Shawnee Drive, approximately 250 feet east of the intersection of Route l 1 and Shawnee Drive, on the right side of the road, and is identified with Property Identification Number 63-A-104 in the Shawnee Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is 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, Candice E. Perkins Planner II CEP/bad Attachment cc: Gene Fisher, Shawnee Magisterial District Supervisor June Wilmot, Shawnee Magisterial District Commissioner Robert A. Morris, Shawnee Magisterial District Commissioner Jane Anderson, Real Estate Mitchell & Webb, LLC, 19 First St., Ste. 202, Berryville, VA 22611 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 • REZONING APPLICATION 408-06 SHAWNEE DRIVE PROPERTY Staff Report for the Board of Supervisors Prepared: July 11, 2006 Staff Contact: Candice E. Perkins, Planner Il This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: June 21, 2006 Recommended Approval Board of Supervisors: July 26, 2006 Pending PROPOSAL: To rezone .94 acres from RP (Residential Perfonnance) District to B2 (General Business) District with proffers, for office uses. LOCATION: The property is located on Shawnee Drive, approximately 250' east of the intersection of Route 11 & Shawnee Drive, on the right side of the road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-A-104 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) & B2 (Business General) South: M2 (Industrial, General) East: RP (Residential Performance) West: B2 (Business General) PROPOSED USES: Office Use: Residential Use: Commercial - Bank Use: Commercial/Industrial Use: Residential Use: Commercial — Car Sales • 0 Rezoning #08-06, Shawnee Drive Property July 11, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 652. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Shawnee Drive Property rezoning application dated March 15, 2006 address transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the LT.E Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to continent 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. Department of Inspections: No comment Public Works Department: We have no comment at this time but reserve the right to perform a detailed review at the time of the site plan submitted. Frederick -Winchester Service Authority: I believe that property would be serviced by the City of Winchester; sewer and water comiection I believe are already installed to property. Sanitation Authority: This site will be served by Winchester City. Department of Parks & Recreation: No comment Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the property as being located within the core areas of the First and Second Battles of Kernstown and the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: It is my opinion that the proposed proffer statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following cornments: 1. I would suggest, for uniformity and easy -reference purposes, that the details of the zoning, owners, property, etc., be surnmarized at the beginning as set forth on the Rezoning #08-06, Shawnee Drive Property July 11, 2006 Page 3 attached format. This format has been used in all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs is substantive paragraphs of the proffer statement. 3. The last sentences of the first paragraph, beginning with the word "Therefore" should be deleted, as the actual proffers are set forth in the itemized proffers. 4. In the second paragraph, I would reconnmend that the words "development of this property would require the owner to meet the conditions set forth in this document" be revised to state "development of this subject property shall be done in strict conformity with the conditions set forth below". 5. The words "and the Code of Virginia" should be added at the end of the second paragraph. 6. With respect to Proffer No. 1, as I was not provided with a copy of the Generalized Site Plan, the staff should review the site plan shown on Exhibit 4 of the Impact Statement to determine if it is sufficiently detailed to govern the development of the site. 7. Proffer No. 3 may not, in fact, be a proffer. If this development would require a conunercial entrance and require the owner to install improvements required by VDOT, then this proffer is offering nothing beyond what is already required. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Staff Comment: The proffers have been revised to reflect the comments provided by the county attorney. Winchester City PlanninIz Department: No objections to the rezoning request. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned B2 (Business General), the property was then included in the County's comprehensive downzoning and was changed from B2 to R-3 (Residential General). The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environinent within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcel for which this rezoning is being requested is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area and Sewer and Water Service Area define the general area in which more 0 • Rezoning #08-06, Shawnee Drive Property July 11, 2006 Page 4 intensive forms of planned conunercial and industrial development will occur. The Shawnee Drive property is located within an area that the Eastern Frederick County Long Range Land Use Plan identifies with an industrial land use designation. The applicant is requesting a B2 (business/commercial) designation which might be more compatible with the surrounding area. The site is located adjacent to an existing automobile sales facility (zoned 132) as well as existing RP residential property. Transportation The site will be accessed off of Shawnee Drive (Route 652) which is classified as a local road; the applicant has proffered to prohibit the site from being accessed off of Route 11. The traffic analysis provided with the applicant's impact statement shows that the relevant section of Route 11 has 17,000 average daily vehicles per day and Shawnee Drive has an average 5,200 vehicle trips per day. The site has been proffered to develop with a maximum of 9,000 square feet of office space which would generate approximately 100 trips per weekday. 3) Site Suitability/Environment The site does not contain any enviromnental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. 4) Proffer Statement —Dated October 16, 2005 and revised on January 16, 2006, March 15, 2006 and May 9, 2006 Generalized Plan The applicant has proffered a Generalized Development Plan that restricts the development of this property to a 9,000 square foot office building. Access to Route 11 The applicant has proffered to prohibit access onto Route 11. This site will only be accessed off of Shawnee Drive Frontage Improvements A five foot sidewalk is proffered along Shawnee Drive Monetary Contributions In recognition of the impacts that may be realized by the community to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $1,000 to be paid to the Stephens City Volunteer Fire Company for impacts to fire control services. This sum will be paid upon receipt of the first building pen -nit issued subsequent to the approval of the rezoning. Rezoning #08-06, Shawnee Drive Property July 11, 2006 Page 5 PLANNING COMMISSION SUMMARY AND ACTION OF THE 06/21/06 MEETING: The representative for the applicant/owner commented that despite the fact the Comprehensive Policy Plan calls for industrial use in this area, he believed the parcel was too small for an industrial use. The representative said the parcel was not suitable for residential use and he believed office use was the most appropriate for this particular lot. A Commission member asked the representative if he had any direct conversations with surrounding neighbors about any issues they might have; the representative replied that he did not meet with the neighbors. There were no public comments made regarding the proposed rezoning. No issues or areas of concern were raised by the Planning Conunission. The Conunission unanimously reconunended approval of the rezoning. (Note: Commissioners Thomas and Watt were absent from the meeting.) STAFF CONCLUSIONS FOR 07/26/06 BOARD OF SUPERVISORS MEETING: This application is a request to rezone approximately .94 acres of land from the RP (Residential Performance) to the B2 (Business General) District. The property is located within the SWSA (Sewer and Water Service Area) as well as the UDA (Urban Development Area). The Eastern Frederick County Long Range Land Use Plan indicates that the property should be used for industrial land uses, however, due to the subject site's location adjacent to the B2 and RP zoned properties, a rezoning from a RP zoning to a B2 zoning may be supported to continue the consistency and compatibility of the area. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Winchester, VA Apo# City of Winchester 263 A 23 CREEKSIDE VILLAGE, LC 1.82 • 63 A 102 First National Bank 5 ryk52V 7a� of Strasburg _y <v C sJ � A �4fs q 1 ypF � �q ( a �P -� SCE (C 63 A 24 Second Clarke '^ �v PropertiesAi v4 hG^S 1 0 CCIA, o pPp 4'k � (•)pequonrC'hurcMlm.o"�'y�'"_- ,� S � ^l y02�o J�' FREA 21 Valley`.A ft ¢ P� 0.25 Rental Properties P �► ^o P �w b� U o p �: z ¢ om Y A i 63 A 28 r f m Valley Ave Rental Properties m w • is 'S ��(p0 ,o w 63 A 29 o VALLEY AVENUE RENTAL PROPERTIES.LLC yfo 0.88 v a 63 A 30 FOREMAN INVESTMENTS, LLC - rn W a 63 A 31 LIGHT, WILLIAM P & SANDRA H . J 0.25 11 63 A 107 CFSM.LLC w 3.71 63 A 32 STINE, BETTY BARTON TRUSTEE . 0.75 m ¢r OBj � r 0Y 4 m 63 A 33 �F, �a 9, i STINE, BETTY B TRUSTEE �53 NNE N 0.75 ■ 63 A 34 t16p CARTER, MARY FRANCES � Ty 9s 63 A 35�9 o�isr ROY, CLARENCE E JR & DOROTHY L C 0.75 yG•P OrOPC, 63 A 36ft MINOR, DAVID L 63 A 95 CFSM,LLC 0.5 3.42 ICI awn E�ner ^/ sem�mry Re.de inning Mx Omuelrnl. Dennel D.o-�n $tlpef)< ' Ternary Roads Br (6usmeu. Neg.Updrood Durcll — MHt (Mobile Hama Community —1) ^� PnRury Roatle vdncnasMr Y Rwd. 6I 1&rsmeas, General Dkuia) — MS ( --1 pear D.Iroo Ql=uirpeE a18 40Kr snsae, Ind. —I TMnft— D-.1) R<IRestlemal. PWnnad Can—O D.Ircl) • EM (Exinclxe MenulecrurNg D-11 • R5 (Re—nr.l Recreeeonel Cw —ky Dedrb) HE(H,EM1 Ed..—D—) RA(Rurel A,--1-1) III M1 pndlnlml, Lghl D. 1) RP (Reetl r-Pedw—. D-1) 63 A 109 CFSM,LLC 6.3 2 P F on' 10 Gph Shawnee Dr. Property Rezoning # 08 - 06 Frederick County Dept of Planning &Development \' 107 N Kent St ( 63 - A - 104) Wrrcbester, VA 22601 www.CO. FREDERICK. VA US a m May 30,2006 i • �� City of Winchester IF 263 CREEKSIDE VILLAGE, LC 1.82 . RFFks/Q f 4i 114 @3A C 24 Second Clarke Properties 63 A26 63 A 2 FREH VLICH Valley Ave 0.25 Rental Properties z < Yo O ,a°q z 63 A 28 H Valley Ave Rental Properties m � r w o w 63 A 29 VALLEY AVENUE RENTAL PROPERTIES,LLC 0.88 a 63 A 30 FOREMAN INVESTMENTS. LLC 0.5 63 A 31 LIGHT, WILLIAM P & SANDRA H 0.25 63 A 32 STINE. BETTY BARTON TRUSTEE 0.75 m m 63 A 33 w STINE, BETTY B TRUSTEE z H 0.75 ■ 63 1 34 CARTER, MARY FRANCES 1 � 63 A 35 ROY. CLARENCE E JR & DOROTHY L m 0.75 63 A 3i MINOR, DAVID L IV aeoe BA., /V —..n R.— St—w T—, ROM. N Rfl�ry Rp6 /�/ Nlrcnesim Cry ROa�h �Re roeae Winchester, VA 1531A 102 First National Bank of Strasburg o a' v o<r o° U �. co m � �o���S/�� 7P 0� � OP �g • 63 A 107 CFSM,LLC 3.71 63 A 109 CFSM. LLC S� 6.3 WSJ �HN � �YS,l 9 �,syoo s 63 A 95CFSM.LLC 3,42 11A Shawnee Dr. Property Frederick County Dept of Rezoning # 08 - 06 Planning B Development .1., ( 63 - A - 104) 107 N Kent St FREDERICVA U —CO K S May 30, 2006 REZONING APPLICATION FORM FREIDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fee Amount Paid $ �' Zoning Amendment umber Date Received 5 A nG PC Hearing DateBOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: �A�eyT 2—LEw�s, -FL(-, Telephone: Sqo-C�6a-5i9'�1 Address: ►I� S, --,,�-Fwpyj7.v OVA. 2. Property Owner (if different than above) Name: ''t� 14cy) l I .toeW, LLC- - itrrn Oobb Telephone: 5740 - S55 - 4�oa Address:2t3Z- ?-:!F-g2VV1L-L%, VA. QQtoll 3. Contact person if other than above Name: 2�hn Leval% P. c- Telephone: G40- -coeo2 jf�`i 2 4. Checklist: Check the following items that have been included with this application Location map Agency Comments Plat Fees - Deed to property i/ Impact Analysis Statement Verification of taxes paid Proffer Statement 11 M AY a 2006 • 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: 11-A l+che I I 3 (k)tIbb� LLC - atn--) I 6. A) Current Use of the Property: VACAr1 I B) Proposed Use of the Property: __a_ STDj�y oFF«-6 7. Adjoining Property: PARCEL ID NUMBER USE ZONING (o7� A - ion 4"P.9$iiZA4 92 6)5- A - I6Q rolmMWI.1A/_ z'WYJS'f�IAL Dd. 4R41-1I F. 'FAMILY/ I-, �3-A- 103 SIKCiLF IrAMIL•Y 3 A - /SmW5J-'7kA . �P - /A - ZS �M�IFIlCiAL / I.RPUSTAAL� S. Location: The property is located at (give exact location basedonnearest road and distance from nearest intersection, using road names and route numbers): IUV44 OFF Of (CT I[ oR-n Z,liAWNFi� P21v1✓ l Asr23a�11D Q'f �hiC r'lZ �'t: GT lbl`� - �nCCC��L, IS A�UY•, Z.�I 6N ��-,F1 1 51t7. �, _'Da'EC�N lerv-0rnAo L'Ew1N - ` wi4T- A obi a: s. 12 • 5� 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 1p'3- ,A - 104 Districts Magisterial: �qa,,,)Nt-t:High School: _ Fire Service: ,'� �C?ri-r �S 0-n y VOL. wE- -pi Middle School: _ Rescue ServiceSmpjf -Ns cizy bnc• rem pePr,Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres I Current Zoning Zoning Requested q -�a 0.94 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square Footage of Proposed Uses Office: 8,9(00 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(sr �vl lvll Owner(s): 14 Date: �� S Date: Date: lle o(o Date: E 0 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Sc�.s -S. L C,g53 M;AAke- 28• Property # 6 S- Name )La'�iLLcP 9. uS-i G� `N�Nc1� sTE2, VA. aa662 Property # Name /,J- L H of j/ <}, � � STAuN CaN , V4 • Z'O.2 Property # _ b 1 E I�lRST N/Mz-N(-t U Ik or Srz�5130aa/VA. 9a(I�� # 6 ?j —A - p a [ame -- 1=roperty wiNGffC.sr�'�, !/.9. 22�oz PN� # -A-Ib Name Alturg, L- rD l7 JR-. 33:5 Sf{sir�t(E 1 Win/�lfCs7� vim, 21_G—oZ Property # 0 FName ! C. �� TGt �35G tM4Wt4i � l Z. WlrlGl�t� sTe tZ, Vet • o�a(odo2 operty # �3c-1 -`l Name Property # Name Property # 15 Special Limited Power of Attorney County of Frederick, Virginia County of Frederick, Virginia,107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665=6: 95 Know All Men By These Presents: That I (We) (Name) L, NJ.e. ,_ fA . V A N t_, A P,(Phone) 5 L4 O - (o (-a. • S `19 O (Address) 106 R,55e ( lO_Qo V-1 P,�k. Wir,c�es�e2� UA. aaGnl the owners) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page , and is described as Parcel: 10 q Lot: I d `( Block: Iq Section: b 3 Subdivision: do hereby make, constitute and appoint: (Name) I o i n t e r r Lewis , P� C, (Phone) S q d, (4 (D (Address) I I S - �)- Cwa rt St. 1n1 i n Ch e 5) ttr. V/-A a (o To act as my true and lawful atto� -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: R� Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: Ili s authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In ,,witness thereof, I (we) have hereto set my (our) hand and seal this 2 8 day of , 200 ? Signature(s) Eel State of Virginia, City/County of w U , To -wit: 1, 661 Lyt-L Fr j eS , a Notary Public in and for the jurisdiction aforesaid, certify that the persons) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this a 8 day of Fe,b ,200 �.�. My Commission Expires: ' 0 - 31 ^Oy-� N ry Public • 0 7 SCALE IN FEET 4 nox P-93 PACE 7 SOUTHERN BA KERY 5 39e 01' W 236.0' KATIE LANTZ to LINDEN VANN 1.03 Acres ►� 44e O 6'E 263. 6' MESSIGK STICKLEY 2 1 . The above lot, located on the South side of Road No. 652 a short distance East of U.S. Highway No. 11, at Kernstown, and sitinte in Shawnee Magisterial District, Frederick County, Vir gin is , is bounded as follows: Beginning at (1) a post in a fence comer on the South side of Road No. 652, a corner to the land of Stickley; thence with Stickley S 38 deg. 15 min. W 56.3 feet to (2) a post a corner between Stickley i and the land of the Southern Bakery Co., thence with the land of the Souther Bakery Co.., S 39 deg. 01 min. W 236.0 feet to (3) a post in a fence corner; thence with a new division line through the land of Katie Lantz S 62 deg. 13 min. E 153.3 feetto (4) a post in a fence corner a corner to Messick; thence with Messick and along a wire fence N 44 deg. 08 min. E 263.6 feet to E5) a postin a fence corner on the South sideof Road No. 652; thence with the South side of Road No. 652. N 51 deg. 02 min. W 174.6 feet to the point of beginnings containing 1.03 Acres more or less. Richard U . Goode, Certified Surveyor, May 17, 1963. #4677 • VIiiGINIA FREDER`CK COUNTY, SCT. t 1—t..� doy of �Th was produced t0 me on the �_ 'ziehereto annexe was admitted to reC1e • i JAMES C. & DUSTI JILL LIKENS PIN 63C-1 —9 ACRES ZONED : RP USE : SINGLE FAM. RES. _LER JR. ,-105 RES RP FAM. RES. t t ro: --- ■ =0-E _- tt -- Scale 1' = 100 ft _Q Z z x O0-a-> (j)W Q D �w�z QW0W 0- � Ld Q� a-, U Q W w U) W o 01-1 ch LL- n V J a N E �(D(o0) �a N N cn 3 N N 0 0 � c0 +� W O O C U d a 1 1 L W u ° °� ° En E o � W (D-c c E C F- �+- Z W a will a z� JW L,J Will Will (f) Z0 ow SURVEY NA DRAWN BY: JOB NO.: SEM 0506012 SCALE: DATE: 1 "=100.0' 1 /11 /06 SHEET: EX. 1 1060 11 0 1 1 M RADIUS TER "OFF O 03 ' Cl TY OF WINCHESTER i „ a-rSI TE QrG psi S. ILE RADIUSAF :ENTER OF%"SI 1 1190 HISTORICAL PROPERTY KEY 003 - BRIGHTSIDE 009 - OPEQUON PRESBYTARIAN CHURCH** 007 - KERNSTOWN BATTLEFIELD 021 - WILLOW BROOK 487 - TENANT HOUSE AT BRIGHTSIDE** 971 - HOPES ORDINARY** 972 - SAVAGE - SEAL HOUSE 973 - HOUSE IN KERNSTOWN 974 - LANTZ HOUSE 975 - HOUSE IN KERNSTOWN 976 - 3248 VALLEY AVENUE 977 - LORING RITTER HOUSE 978 - 3328 VALLEY AVENUE 979 - 3400 VALLEY AVENUE 980 - MERVEL ADAMS HOUSE** 981 - HANOVER HOUSE 982 - HOUSE, RT. 11 SOUTH 983 - HOUSE, RT. 11 SOUTH 984 - VILLAGE AUTO SALES 1191 - RUSSELL HOUSE #2 1192 - RUSSELL HOUSE #1 1379 - FLETCHER HOUSE NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT SITE AS DENOTED BY THE RURAL LANDMARKS SURVEY REPORT OF FREDERICK COUNTY V / Z 0 : w Oz Q wo m W QY LJLJm Wct = OW � U LLd w = L.L -3 0 0-1 a_ d J a '^ ;o �ro 00 ap cn- C-4 CV cV Q) W0 °' --dC4) a J > a) 'E O L W V) � cD t _CD U U _ U O Z 3 W IIIIIIII II II I I Z cn J W � W � Z_ Z OZ C.I.: NONE JOB NO.: 0506012 09/27/05 auuir i — icuu r I E , • 2 tz w ❑ JAMES J. LANTZ DB.587, PG.396 t= TM-63-A-99 1 Tax Map #: 63—A-104 Existing Zoning: RP Proposed Zoning: 132—Highway Commercial District Existing Use: Vacant Parcel Area: 0.897 acres (39,073 sq. ft.) Proposed Use: Two Story Office Building Proposed Building: 40'x112'=> 4,480 sq. ft. x2 Building Restriction Lines: Front Yard Setback: Required— 35' Rear Yard Setback: Required— 0' Fide Yard Setback: Required— 0' aximum Building Height: Allowed— 35' Open Space Required: 15% 5,860 sq. ft. Open Space Provided: 48% 18,616 sq. ft. Building and Impervious Area Coverage: Building Footprint Area: 4.480.00 sq. ft. Asphalt Pavement Area: 14,693.00 sq. ft. Concrete Pavement Area, 1,284.00 Concrete Pavement Area• aft TOTAL IMPERVIOUS AREA: 20.457.00 sq. ft. .PHILIP R. YOUNT TRUSTEE OF THE RALPH P. YOUNT RESIDENTIAL TRUST DB.525, PG.367 TM-63-A-100 N31 *5754 T 235.54 ' IS TM-63—A-104 0.8966 ACRES S36 5138=��9 69' m DAVID R. MILLER JR. x DB.373, PG.431 I o 7=7)) + TM-63-A-105 ZE Im r I Z G) Parking Requirements: Property Line Setback: Front Yard Setback Required— 5' Rear Yard Setback: Required— 5' Side Yard Setback: Required— 5' Spaces Required: Office: (1) per 250 sq. ft. 8,960/250= 36 spaces required Total Parking Spaces Provided: 38 — (2) HDCP spaces included Loading Required— None 7154 �' � � I 2B.64' I I � I II r1 10 0114 �tmw, 6 0 � I � I IX I➢ II � IZ ) m x 1� I 1� I `:i1J N 30' INTERPARCEL ACCESS EASEMENT CURVE TM-63-A-105 ZE Im r I Z G) Parking Requirements: Property Line Setback: Front Yard Setback Required— 5' Rear Yard Setback: Required— 5' Side Yard Setback: Required— 5' Spaces Required: Office: (1) per 250 sq. ft. 8,960/250= 36 spaces required Total Parking Spaces Provided: 38 — (2) HDCP spaces included Loading Required— None 7154 �' � � I 2B.64' I I � I II r1 10 0114 �tmw, 6 0 � I � I IX I➢ II � IZ ) m x 1� I 1� I `:i1J N 30' INTERPARCEL ACCESS EASEMENT CURVE ARC DELTA ANGLE I RADIUS LLANGENT I CHORD BEARING CHORD C1 18.39' 01'21'12" 1 778.51' 9.19' S56'54'26"E 18.39' 30 rim PROFFER #3 0 30 Scale 1 " = 30 ft cnwz� oo�> V) n- o �w wZ m�! �jp m0 w p U 3Lj ED w QZL4 UQ�wp V) w L Z W w w o 0 IY ■ V J oN�E ■� N tp 0) ' 00 LCn N N i � tD � 0 (>J O r. c W O '0 °' 't a J �>�-�@ o a; o 'E cn V) s o W _ o a .V CD S N U Z C ~ LL- E LLI R a 0 z0f J LLJ jw Z WE 11111111 In z G C) Z SURVEY: C.I.: NA NA DRAWN BY: JOB NO.: SEM 0506012 SCALE: DATE: 1 "=30.0' 5/10/06 SHEET: EX. 4 0 a REZONING APPLICATION #08-06 SHAWNEE DRIVE PROPERTY Staff Report for the Planning Commission Prepared: June 5, 2006 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: .Lune 21, 2006 Pending Board of Supervisors: July 26, 2006 Pending PROPOSAL: To rezone .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, for office uses. LOCATION: The property is located on Shawnee Drive, approximately 250' east of the intersection of Route 11 & Shawnee Drive, on the right side of the road. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 63-A-104 PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: RP (Residential Performance) & B2 (Business General) South: M2 (Industrial, General) East: RP (Residential Performance) West: B2 (Business General) PROPOSED USES: Office Use: Residential Use: Commercial - Bank Use: Commercial/Industrial Use: Residential Use: Commercial — Car Sales • Rezoning #08-06, Shawnee Drive Property June 5, 2006 Page 2 REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have little measurable impact on Route 652. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Shawnee Drive Property rezoning application dated March 15, 2006 address transportation concerns associated with this request. 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, Seventh 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. Department of Inspections: No comment Public Works Department: We have no comment at this time but reserve the right to perform a detailed review at the time of the site plan submitted. Frederick -Winchester Service Authority: I believe that property would be serviced by the City of Winchester; sewer and water connection I believe are already installed to property. Sanitation Authority: This site will be served by Winchester City. Department of Parks & Recreation: No comment Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies the property as being located within the core areas of the First and Second Battles of Kernstown and the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: It is my opinion that the proposed proffer statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I would suggest, for uniformity and easy -reference purposes, that the details of the zoning, owners, property, etc., be summarized at the beginning as set forth on the Rezoning #08-06, Shawnee Drive Property June 5, 2006 Page 3 attached format. This format has been used in all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs is substantive paragraphs of the proffer statement. 3. The last sentences of the first paragraph, beginning with the word "Therefore" should be deleted, as the actual proffers are set forth in the itemized proffers. 4. In the second paragraph, I would recommend that the words "development of this property would require the owner to meet the conditions set forth in this document" be revised to state "development of this subject property shall be done in strict conformity with the conditions set forth below". 5. The words "and the Code of Virginia" should be added at the end of the second paragraph. 6. With respect to Proffer No. 1, as I was not provided with a copy of the Generalized Site Plan, the staff should review the site plan shown on Exhibit 4 of the Impact Statement to determine if it is sufficiently detailed to govern the development of the site. 7. Proffer No. 3 may not, in fact, be a proffer. If this development would require a commercial entrance and require the owner to install improvements required by VDOT, then this proffer is offering nothing beyond what is already required. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Staff Comment: The proffers have been revised to reflect the comments Provided by the county attorney. Winchester City Planning Department: No objections to the rezoning request. Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies this property as being zoned B2 (Business General), the property was then included in the County's comprehensive downzoning and was changed from B2 to R-3 (Residential General). The zoning changed to RP (Residential General) District on September 28, 1983 when the R1, R2, R3, and R6 zoning districts were reclassified. 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The parcel for which this rezoning is being requested is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area and Sewer and Water Service Area define the general area in which more 0 • Rezoning #08-06, Shawnee Drive Property June 5, 2006 Page 4 intensive forms of planned commercial and industrial development will occur. The Shawnee Drive property is located within an area that the Eastern Frederick County Long Range Land Use Plan identifies with an industrial land use designation. The applicant is requesting a B2 (business/commercial) designation which might be more compatible with the surrounding area. The site is located adjacent to an existing automobile sales facility (zoned 132) as well as existing RP residential property. Transportation The site will be accessed off of Shawnee Drive (Route 652) which is classified as a local road; the applicant has proffered to prohibit the site from being accessed off of Route 11. The traffic analysis provided with the applicant's impact statement shows that the relevant section of Route 11 has 17,000 average daily vehicles per day and Shawnee Drive has an average 5,200 vehicle trips per day. The site has been proffered to develop with a maximum of 9,000 square feet of office space which would generate approximately 100 trips per weekday. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. There are no identified areas of steep slopes, floodplains, wetlands or woodlands. 4) Proffer Statement — Dated October 16, 2005 and revised on January 16, 2006, March 15, 2006 and May 9, 2006 Generalized Plan The applicant has proffered a Generalized Development Plan that restricts the development of this property to a 9,000 square foot office building. Access to Route 11 The applicant has proffered to prohibit access onto Route 11. This site will only be accessed off of Shawnee Drive Frontage Improvements A five foot sidewalk is proffered along Shawnee Drive Monetary Contributions In recognition of the impacts that may be realized by the community to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $1,000 to be paid to the Stephens City Volunteer Fire Company for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of the rezoning. STAFF CONCLUSIONS FOR 06/21/06 PLANNING COMMISSION MEETING: This application is a request to rezone approximately .94 acres of land from the RP (Residential Performance) to the B2 (Business General) District. The property is located within the SWSA (Sewer and Water Service Area) as well as the UDA (Urban Development Area). The Eastern Frederick \ Rezoning #08-06, Shawnee Drive Property June 5, 2006 Page 5 County Long Range Land Use Plan indicates that the property should be used for industrial land uses, however, due to the subject site's location adjacent to the B2 and RP zoned properties, a rezoning from a RP zoning to a B2 zoning may be supported to continue the consistency and compatibility of the area. Following the requirement for a public hearink, a recommendation by the Planning Commission to the Board of Supervisors concerninga this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. A 9 0 AMENDMENT Action: PLANNING COMMISSION: June 21, 2006 - Recommended Approval BOARD OF SUPERVISORS: July 26, 2006 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08-06 OF SHAWNEE DRIVE (WEBB) PROPERTY WHEREAS, Rezoning 908-06 of Shawnee Drive (Webb) Property, submitted by Painter -Lewis, PLC, to rezone .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers for office use, was considered. The property is located on Shawnee Drive, approximately 250 feet east of the intersection of Route I 1 and Shawnee Drive, on the right side of the road, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 63-A-104. WHEREAS, the Planning Commission held a public hearing on this rezoning on June 21, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on July 26, 2006; 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 .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers for office use, 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 422-06 This ordinance shall be in effect on the date of adoption. Passed this 26th day of July, 2006 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST I '�� <,4< John , _ ley, Jr. Frederick County Administrator PDRes. 422-06 0 Shawnee Drive Property Rezoning #: Property: Recorded Owner: Proffer Statement .94 acres PARCEL ID - 63-A-104 Mr. Linden Vann Applicant: Mr. Jim Webb Mitchell & Webb, LLC 19 First Street, Suite 202 Berryville, Virginia 22611 Project Name: Shawnee Dr. Property Original Date of Proffers: October 13, 2005 Revision Date (s): January 16, 2006 March 15, 2006 May 9, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0506012 PROFFER STATEML PARCEL ID 63-A-104 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 # oY-o(, for the rezoning of parcel TM# 75-A-91 B from B3 to B2, the use and development of the subject property shall be done in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Site Plan The applicant agrees to proffer a Generalized Development Plan (Exhibit 4) dated May 10, 2006 for the purpose of identifying the general configuration of an 9,000 square foot Office Building . 2.) Restriction of Direct Access to Route 11 The applicant agrees to prohibit direct access to Route 11 from the subject parcel. 3.) Frontage Improvements The applicant agrees to provide a five foot sidewalk along Shawnee Drive. (Exhibit 4) 4.) Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even 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. Linden Vann, owner ll 2oc�(o Date page 2 PROFFER STATEMEI PARCEL ID 63-A-104 City/E of Ulf biyi A t-r , Commonwealth Of Virginia. Theforegoinginstrument was acknowledged before me this I day of I r � _ 1200 (0 tary 4bl r� My commission expires: page 3 Shawnee Drive Property Proffer Statement Rezoning #: Property: .94 acres PARCEL ID - 63-A-104 Recorded Owner: Mr. Linden Vann Applicant: Mr. Jim Webb Mitchell & Webb, LLC 19 First Street, Suite 202 Berryville, Virginia 22611 Project Name: Shawnee Dr. Property Original Date of Proffers: October 13, 2005 Revision Date (s): January 16, 2006 March 15, 2006 May 9, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0506012 VDOT Rezoning Comments: Shawnee Drive Property 0 0 Page 1 of 1 Jill Fries From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Wednesday, May 03, 2006 11:28 AM To: 'Jill Fries' Cc: Ingram, Lloyd Subject: VDOT Rezoning Comments: Shawnee Drive Property The documentation within the application to rezone this property appears to have little measurable impact on Route 652. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Shawnee Drive Property (Parcel ID #63(A)104) Rezoning Application dated March 15, 2006 addresses transportation concerns associated with this request. 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, Seventh 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 States 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. Thank you for allowing us the opportunity to comment. Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540) 984-5611 (540) 984-5607 (fax) 5/4/2006 0 0 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. Attn: Fire Marshal Attn: Fire Marshal 107 North Kent Street County Administration Bldg., 1st Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-6350 Winchester, Virginia Applicant Please. fill out the information as accurately as.possible m odei to assist the Frederick County File Maishal� with liis review Attach a copy.of you��. apphcat�o►iform, locafion nia`'p, proffer statexxtezit, �mpactarialys�sand aiiy.otl<ie� Pertinent:i►forrriataoix Applicant's Name �ai�}p�_ D , � j P, L . C . Telephone:5 (4D - 6 (DZ- 5"19-Z_ Mailing Address: 11 LP S z - u)O-r-l- 5-1- . hS1r�11e51-er, VA Z24ol Location of property: 17a,,n cX R+ 11 on-}o g e, De. Cho bcLLrd� In c}-In n - P vre I is approx . 25o'on e4.5ide , d1Q-4I b2hlnj 1 r-W in - VoLkn4 tab Sales , Current zoning: (2.9 Zoning requested: a 2. Acreage: p. Ci4 Notice to Fire Marshal - Please Return This Form to the Applicant 22 Control number Date received Date reviewed Date Revised RZ05-0011 10/14/2005 10/21/2005 Project Name Applicant C.A. Webb Painter-lewis Address City State Zip Applicant Phone 116 S. Stewart St. Winchester VA 22601 540-662-5792 Type Application Tax ID Number Fire District Rezoning 63-A-104 1 1 Current Zoning RP Recommendations Automatic Sprinkler System Automatic Fire Alarm System Yes Yes Other recommendation Emergency Vehicle Access Hydrant Location Not Identified Not Identified Siamese Location Roadway/Aisleway Width Not Identified Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Rescue District 11 Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Plan Approval Recommended Reviewed By Signature Yes D.Linaburg Title Rezoning ComAts 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. Winchester, Virginia 22601 107 North Kent Street (540) 665-5643 Winchester, Virginia Applicant's Name`- jn+U-LQIiJIS� P L_L , Telephone: ,5LIp lnl,7Z -57g2 Mailing Address: I yooLf-} S+ Y� �nC11�S`rQ r t VA 22-Go l Location of property: 1 rp 10 Q+. ! 1 ©n4p 3 hra to nu- b2 • Q Y ZSD' n 2-F-. S icic-; Current zoning: (Z P Zoning requested: B 20 Acreage: u • Ot 1-1 Notice to Dept. of Public Works - Please Return This Form to the Applicant 21 • Rezoning Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority Frederick County Sanitation Authority Attn: Engineer Attn: Engineer P.O. Box 1877 315 Tasker Road Winchester, Virginia 22604 Stephens City, Virginia (540) 868-1061 Sanrfatron Authority witfi their review: Attach a copy of your application form, locataon„, map, proffei statement :impact'arialysis; and any other pertioent,j for matron Applicant's Name ,,,,*Cr - LewIS p, L.0 . Telephone: 5q0 - C01oZ- S 19 Z Mailing Address: 11 L0 S . S+e"3a r.�- $+ . y�f �rl cheer Eex', VA Z'Zbo 1 Location ofprop ert}r-j-err, o" o� R+. Il n,4p De. tE�0-5+zm,.rd Ir��PrS__S�'�ib fl - 1�ar l i5 0-ppro 250' e n R}. S1CIC., Litr�t-l-l�V beh►nc� �w�n �/o�.n-1- J��o Sn.l e S Current zoning P, P Zoning requested: (5 2 Acreage p cl LI y., e , Notice to Sanitation Authority - Please Return This Form to the Applicant 25 Rezoning Comment 0 Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred -Wine Service Authority Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director Attn: Jesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540) 722-3579 Lt nt lomc cation maer statement im "act anal srs` and`an other ertute►it`mform�tron` Applicant's Name. cLm+k_r_l L, ,s P.L.C. Telephone:5-10-LDu2.-S-t92 Mailing Address: 1 tlD S A S}- v\hnchcs-Ncar, VA ZZ_Iow Location of property: urYl-� d� 2�• IIyn-b Sha�vn2er Aa. Lomas+&und) @ t rrws2e•I-torL __ arce-1 is aaproYL 2So' nn r+. s iele., direc+lj behincl lcwtn-noun+ N-4oSe-les Current zoning: Zoning requested: (3 2. Acreage: 0. cL4 Notice to Fred -Wine Service Authority - Please Return Form to Applicant 32 • is Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Department of Parks & Recreation Department of Parks & Recreation 107 North Kent Street County Administration Bldg., 2nd Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-5678 Winchester, Virginia Mailing Address: 11L 5- �N inch cs-E' r JA ZZt�o I Location of property: �x n F o� �{} . I I �r 71fl Shy Q J)e (��5-t 13Dux-a trrl'U's on - r e tS a pprox . ZSo on Q�. g ode., hrt inrl LPwrn-�o u- Au-4o<- c.S Current zoning: Q P Zoning requested: b 2- Acreage: O. q Notice to Department df`Parks & Recreation - Please Return This Form to the Applicant 23 Administrative Assistant to the Superintendent Ms. Sonya Summers Painter -Lewis, P.L. C. 116 S. Stewart Street Winchester, VA 22601 Dear Ms. Summers: '3dents lit) 4';ciFcp �i . o�. C. a Fredefick County Public Schools Visit us at www.frederick.1<12.va.us November 15, 2005 RE: Rezoning Comments for Rezoning Proposal -Parcel ID #63-A-104 e-mail: kapocsis@frederick.k12.va.us This letter is in response to your request for comments concerning the rezoning for the proposed parcel ID #63-A-104 project. Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon built -out. Sincerely, Step en M. apocsi Administrative Assistant to the Superintendent SMK: dkr cc: William C. Dean, Ph.D., Superintendent of Schools 540-662-3889 Ext 112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 November 3, 2005 Ms. Sonya Summers Painter -Lewis, PLC 16 South Stewart Street Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Jim Webb Proposed Rezoning; PILOT# 63-A-104 Dear Sonya: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley identifies this property as being located within the core areas of the First and Second Battles of Kernstown and the study area of the Second Battle of Winchester; however, due to the development in this area, it has been deerned to have lost its integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, �r vts �u F, Am Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS ATTORNEYS AT LAW WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924 1999) 7 S 307 EAST MARKET STREET 9 EAST BOSCAWEN STREET SAMUEL D. ENGLE LEESBURG, VIRGINIA WINCHESTER, VIRGINIA O. LELAND MAHAN TELEPHONE 703-777-1050 TELEPHONE 540-662-3200 ROBERT T. MITCHELL, JR. FAX 540-662-4304 JAMES A. KLENKAR E-MAIL lawyers@hallmonahan.com STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. Apri13, 2006 HAND DELIVERED Michael T. Ruddy, AICP Deputy Director Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 PLEASE REPLY TO: P. O. Box 648 WINCHESTER, VIRGINIA 22604-0848 Re: C. A. Webb & Sons -- Proposed Proffer Statement Dear Mike: I have reviewed the above -referenced Proposed Proffer Statement. It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I would suggest, for uniformity and easy -reference purposes, that the details of the zoning, owners, property, etc., be summarized at the beginning as set forth on the attached format. This format has been used in all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs are substantive paragraphs of the proffer statement. 0 0 HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Michael T. Ruddy, AICP April 3, 2006 Page 2 3. The last sentences of the first paragraph, beginning with the word "Therefore" should be deleted, as the actual proffers are set forth in the itemized proffers. 4. In the second paragraph, I would recommend that the words "development of this property would require the owner to meet the conditions set forth in this document" be revised to state "development of the subject property shall be done in strict conformity with the conditions set forth below." 5. The words "and the Code of Virginia" should be added at the end of the second paragraph. 6. With respect to Proffer No. 1, as I was not provided with a copy of the Generalized Site Plan, the staff should review the site plan shown on Exhibit 4 of the Impact Statement to determine if it is sufficiently detailed to govern the development of the site. 7. Proffer No. 3 may not, in fact, be a proffer. If this development would require a commercial entrance and require the owner to install improvements required by VDOT, then this proffer is offering nothing beyond what is already required. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Mr. Michael T. Ruddy, AICP April 3, 2006 Page 3 If there are any questions concerning the foregoing continents, please contact me. RTM/ks Enclosure Rezoning CoAnts 0 City of Winchester Mail to: Hand deliver to: Winchester City Planning Department Winchester City Planning Department Attn: Planning Director Attn: Planning Director 15 North Cameron Street Rouss City Hall Winchester, Virginia 22601 15 North Cameron Street (540) 667-1815 Winchester, Virginia Applicant's Name: —John (' l P Lo►s P. I:. Telephone: LSrLU ) I0(62-S-70tZ Mailing Address: P , t, r- L_p CIS lP_. L.C. IIn • S-fnLcQ(-i 6 . Location ofproperty: II�.rn Aff kid ��n� Shnone� be � Eas�bm -cl) lnin.VSOCi� n - PnrcPI iS aappYo>L 2-Won Q+. 30-0-) dvu 011i i ba do Ocl fAMn- �ow- :AicI`i •5S- eS Current zoning: R P Zoning requested: 2- Acreage: L� 049 05/15/2006 15:39 5406625793 PAINTERLEWIS PAGE 02 0 0 Page I of 1 Jill Fries From: Tim Youmans [tyoumans@ci.winchester,va.us] Sent: Monday, May 15, 2006 3:06 PM To: 'Jill Fries' Subject: RE: Rezoning Comment I do not have any objections to the rezoning request. Our assistant City Engineer did not think that the sewer line existed. Tim From: Jill Fries [mallto;jill@painterlewis.com] Sent: Monday, May 15, 2006 2.21 PM To: tyoumans@ci.winchester.va.us Subject: Rezoning Comment RE: Shawnee Drive Rezoning Parcel ID# 63-A-104 Dear Mr. Youmans, I am contacting you regarding your comment on the above mentioned Rezoning application. Ms. Candace Perkins, from the Frederick County Planning Department, has asked for documentation of your approval of the rezoning. Per your comments dated 12/09/05, Ms. Perkins is not certain if your response is an approval. Her main concern is the comment regarding the sanitary sewer line annotated as "existing" on the Generalized Site (GSP) plan being actually installed or proposed. As per the GSP labeling, the sanitary sewer line not a proposed line. To that end, could you please respond, via email, if you approve the rezoning application for the above referenced property? I appreciate your time and attention to my request. Please feel free to contact me at 540-662- 5792 if you have any questions or require additional information. Sincerely, Jill Fries PAINTER-LEWIS, P.L.C. 5/15/2006 ' . C,K_ C'n. • • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 December 9, 2005 Mr. John Lewis Painter -Lewis, P.L.C. 116 South Stewart Street Winchester, VA 22601 RE: Proposed Rezoning of Jim Webb Dear Mr. Lewis: I have had the opportunity to review the draft rezoning application for the Jim Webb property. This application seeks to rezone 0.94 acres from RP (Residential Performance) District to the B2 (Business General) District. Staff s review comments are listed below for your consideration. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. This plan appears to show the use of this property as industrial and, therefore, a rezoning to B2 would be inconsistent with the Comprehensive Plan. However, adjacent to the industrial designation is a commercial designation along Route 11. The case for the B2 designation as a transition should be made by the application. 2. Restricted B2. The Impact analysis statement under the traffic portion, as well as the generalized site plan, state that the property is intended to develop with an office use. This use is not proffered and, therefore, any use could potentially develop on the property. A proffer should be included in the rezoning package that restricts the use of the property to office and limits the square footage of the use to what is shown under the traffic section of the impact analysis. 3. Entrances. The preliminary generalized site plan does not show the property being accessed off of Route 11, and the site suitability section states the property will have an entrance off of Shawnee Drive. Shawnee Drive, being the sole access, has not been proffered and, therefore, in the future the property owner could attempt to use Route 11. A proffer stating that the site will only be accessed off of Shawnee Drive should be included in the rezoning package. Also, interparcel connections to the adjacent properties should be proffered and shown on a GDP. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. John Lewis RE: Proposed Rezoning of Jim Webb Property December 9, 2005 4. Site Layout. A preliminary generalized site plan was provided in the package. This layout has not been proffered and, therefore, the site could develop differently. This layout should be proffered as a generalized development plan (GDP). 5. Parcel Boundaries. The shape of the property that is depicted on the generalized site plan (exhibit 4) does not match the property boundaries shown on the property map (exhibit 1). Clarify if this property touches Route 11 or not. 6. Sidewalks Trails. Eventually a ten foot hike/bike trail will be placed along Route 11; a ten foot pedestrian easement should be proffered along the portion of the property that touches Route 11 so that the land will be available in the future. Also, a sidewalk should be proffered along Shawnee Drive along the frontage of this property. 7. Impact Assessment Statement - Traffic. A complete traffic impact analysis was not provided with this draft rezoning. Trip generation figures were based on 9,000 square feet of leasable office space. This site could potentially be developed with a use that has a much higher traffic volume than an office and unless a use and maximum floor space is proffered, the county will have to assume this site could actually develop at a much higher intensity. The County is seeking assurances that the site will not develop with a different use than the intended office. A TIA needs to be provided to the county and if a use is not proffered for the site, the TIA needs to show the traffic conditions should the property develop at the highest B2 use. 8. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, the Frederick -Winchester Service Authority and the City of Winchester. Any proposed proffers will need to be forwarded by staff to the Frederick County Attorney. Attorney comments are needed prior to submittal acceptance. 9. Adjacent Parcels. A list of all adjacent properties, their owners and the owners' addresses are required with the application. 10. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of $3,144.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Please note that these fees may change. i Page 3 Mr. John Lewis RE: Proposed Rezoning of Jim Webb Property December 9, 2005 11. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins Planner II CEP/bad cc: Mr. Jim Webb, C.A. Webb and Sons, 15 First Street, Berryville, VA 22611 • • IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL ID - 63-A-104 Shawnee Magisterial District Frederick County, Virginia May 9, 2006 Prepared for: Mr. Jim Webb Mitchell & Webb, LLC 19 First Street, Suite 202 Berryville, Virginia 22611 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540)662-5792 • email: office@painterlewis.com Job Number: 0506012 MAY q 20 • • IMPACT ANALYSIS STATEMENT 46 PARCEL ID 63-A-104 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section L INTRODUCTION 3 A. SITE SUITABILITY 3 B. SURROUNDING PROPERTIES 4 C. TRAFFIC 5 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 6 F. DRAINAGE 6 G. SOLID WASTE DISPOSAL FACILITIES 6 H. HISTORIC SITES AND STRUCTURES 6 I. COMMUNITY FACILITIES 7 J. OTHER IMPACTS 7 APPENDIX 8 page 2 IMPACT ANALYSIS PATEMENT 46 PARCEL ID 63-A-104 L INTRODUCTION Mitchell & Webb, L.L. C. (the applicant) is interested in rezoning a parcel of land located on Shawnee Drive off of Route 11, Valley Avenue in Frederick County. The parcel is identified in the tax records of Frederick County as TM# 63-A-104 (see Exhibit 1). The parcel contains 0.94 Acres and is currently zoned RP, Residential Performance. It is the intent of the applicant to have this parcel rezoned to B2, Business General District. According to Frederick County staff, the parcel is included in the Eastern Frederick County Long Range Land Use Plan he Frederick County Comprehensive Plan. The parcel appears to lie between land planned for business use and land planned for industrial use. The current development and growth pattern of this area, just outside of the southern border of the Winchester City limits, would indicate that commercial growth is preferred in this vicinity. The description of 132 zoning in the Frederick County Zoning Ordinance states that general business areas are located at major intersections, involve frequent and direct access by the general public but not heavy truck traffic, should have direct access to major thoroughfares, and should have adequate frontage. The applicant plans to construct an office building on the site. The parcel is not large • enough to accommodate an industrial use. The close proximity of the parcel to the intersection of Route 11 and Shawnee Drive would make high volume traffic to and from the site somewhat problematic. The office use will typically generate fewer vehicle trips than a retail use and reduce regular delivery truck access. The office use will create less impact on the existing adjacent residential parcels. A. SITE SUITABILITY The subject parcel is within the Urban Development Area established by Frederick County. The surrounding parcels that have road frontage on Route 11, Valley Avenue, are utilized for commercial uses. The parcel would have an entrance off of Shawnee Drive (see Exhibit 4). There is currently a traffic signal at the intersection of Route 11, Valley Avenue, and Shawnee Drive. There is a 7-11 convenience store, bank, car dealership, and the entrance to Creekside Village retail center currently located at this intersection. There are also turning lanes onto Shawnee Drive from Route 11, Valley Avenue in both directions. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. • WETLANDS No wetlands have been identified on the site. page 3 IMPACT ANALYSIS • TEMENT • PARCEL ID 63-A-104 • STEEP SLOPES According to the soil survey information there are no steep slopes present on the property. MATURE WOODLANDS There are no mature woodlands located on this site. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Carbo Silt Loam: 5B (2-7% Slopes). This soil is moderately deep, gently sloping, and well drained. Depth to bedrock is around 26 inches in these soils. The unified classifications for this soil type are CL and CH. B. SURROUNDING PROPERTIES The subject parcel is bordered to the north by Shawnee Drive with 3 parcels being adjacent across the road. To the northeast and fronting along Route 11, Valley Avenue, is TM# 63-A-102. This parcel is 1.20 acres and owned by First National Bank of Strasburg and is zoned B2. The current use for this site is a bank. Directly to the north of the subject parcel is TM# 63-A-103, a 0.50 acre parcel owned by A. Jay Jr. and Fray • E. Low. This parcel is zoned RP and is used for a single family residence. To the northeast is TM# 63C-1-9, owned by James C. and Dusti Jill Likens. This parcel is also zoned RP and used as a single family residence. Located to the east is TM# 63-A-105, a 0.45 acre parcel owned by David R. Miller Jr. This parcel is zoned RP and used for a single family residence. The subject parcel is bordered to the south by TM# 63-A-99, a 1.58 acre parcel owned by James J. Lantz. This parcel is zoned M2 with a listed use of commercial and industrial. A small portion of the subject parcel has frontage along Route 11, Valley Avenue. This portion has 2 properties adjacent to it. The southern most parcel is TM# 63-A-28, a 0.41 acre parcel owned by Valley Avenue Rental Properties, LLC. This parcel is zoned B3 and has a listed use of commercial and industrial. The property just to the north of that parcel is TM# 63-A-25, a 0.50 acre parcel owned by Valley Avenue Rental Properties, LLC. This parcel is zoned RP and has a listed use of commercial and industrial. The 2 properties owned by Valley Avenue Rental Properties, LLC. are located on the opposite side of Route 11, Valley Avenue from the subject parcel and have frontage along Route 11, Valley Avenue, as their eastern property limits. The remaining two (2) parcels bordering the subject parcel to the east remain to the east of Route 11, Valley Avenue, with frontage on Route 11 as their western property boundary. Of these parcels the southernmost one is TM# 63-A- 100, a 0.37 acre parcel owned by Phillip R. Yount. This parcel is zoned B2 and is currently the location of a car lot. Just to the north of that parcel is TM# 63-A-101, this parcel is at the southeast of the intersection of Route 11, Valley Avenue, and Shawnee Drive. This parcel is 0.38 acres and is owned by the Commonwealth of Virginia, is • zoned B2, and its listed use is State Government use. The surrounding properties can be seen on Exhibit 1. page 4 IMPACT ANALYSIS STATEMENT PARCEL ID 63-A-104 The property is located approximately 250 feet southeast of the intersection of Route 11, Valley Avenue, and Shawnee Drive on the southern side of Shawnee Drive. This intersection is signalized and Route 11, Valley Avenue, has turning lanes to enter Shawnee Drive from both directions. The proposed use for this property is for use as office space, the traffic impacts foreseen by the rezoning of this parcel are outlined below. The latest traffic analysis of the area shows that the current daily average number of vehicles on this section of Route 11, Valley Avenue, is 17,000 vehicles per day. The daily average for Shawnee Drive is 5,200 vehicles per day. This information is from the traffic data published by the Virginia Department of Transportation on their website. This data is dated 2004. The ITE Trip Generation Manual, Seventh Edition, was used to approximate the average daily traffic that will enter and leave the subject parcel. Upon rezoning, the parcel would be used for general office space. We have selected land use 710, General Office Buildinq to model the traffic count for the site. The ITE Trip Generation Manual describes the General Office Building use as follows: "A General Office building houses multiple tenants and is a location where affairs of businesses, commercial or industrial. organizations, or professional persons or firms are conducted." The parcel contains 0.94 acres. The preliminary generalized siteplan for this site (Exhibit 4) shows that the estimated floor space of the 2-story office building proposed is approximately 8,960 square feet. General Office Building, Code 710 Based on a projected gross leasable area of 9,000 square feet: ■ Weekday: 11.01 trips per 1000 sf = 100 trips ■ Weekday A.M.: Peak Hour: 1.55 trips per 1000 sf = 14 trips ■ Weekday P.M.: Peak Hour: 1.49 trips per 1000 sf = 14 trips ■ Saturday: 2.37 trips per 1000 sf = 22 trips ■ Sunday: 0.98 trips 9 sf = 9 trips SEWAGE CONVEYANCE AND TREATMENT The site is inside the Frederick County Sewer and Water Service Area and would be served by a municipal sewer works. The location of the existing 15" sewer line is shown on the Generalized Site Plan, Exhibit 4. IMPACT ANALYSIS STATEMENT • PARCEL ID 63-A-104 • E. WATER SUPPLY The site is inside the Frederick County Sewer and Water Service Area and would be served by a municipal water supply. The location of the existing water line is located on the Generalized Site Plan, Exhibit 4. F. DRAINAGE According to the USGS topographic map and the Frederick county soil survey it appears that this site has gentle slopes. Its location would also infer that drainage problems would not be a major concern at this site. The site is surrounded by developed lots and roads. According to the USGS map it appears the majority of the water flow across the parcel would go from south to north. There the water would be collected in the Shawnee Drive ditch system. Upon development of a siteplan for the construction of the office buildings greater attention is warranted to provide the storm sewer system required to control the increase in runoff created by the addition of impervious area on the site. G. SOLID WASTE DISPOSAL FACILITIES • This commercial development will be responsible for the cost of solid waste collection and disposal. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by the development can be estimated based on one pound per employee per day. Using a figure of 40 employees per acre, the estimated number of employees is 38. The annual amount of solid waste generated is estimated to be 7 tons. H. HISTORIC SITES AND STRUCTURES According to the Rural Landmarks Survey there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. This property is located within the core areas of the First and Second Battles of Kernstown and study area of the Second Battle of Winchester. However, due to development in this area, it has been deemed to have lost its integrity. There are 22 identified historic sites, four (4) being potentially significant sites, shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. The potentially significant sites are Opequon Presbyterian Church, Tenant House at Brightside, Hopes Ordinary, and the Mervel Adams House. The remaining identified sites and their proximity to the subject parcel can be seen in Exhibit 2. A copy of the Civil War Battlefields and Sites map has been attached as Exhibit 3. page 6 IMPACT ANALYSIS S I HTEMENT • PARCEL ID 63-A-104 • I. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that that capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department. The nearest fire and rescue facility is the Stephens City Fire Company located in the town limits of Stephens City. No additional fire and rescue facilities will be required for the area proposed to be rezoned. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates the projected capital cost for public park facilities attributable to this development is $00.00. • • J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to the development: • Public Library - $00.00 • Schools - $00.00 • Sheriff's Office - $00.00 • Administration Building - $00.00 • Other Miscellaneous Facilities - $00.00 After adjustments for tax credits, the net capital facilities impact is $00.00 page 7 IMPACT ANALYSIS PTEMENT PARCEL ID 63-A-104 IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 - PROPERTY MAP 1 EXHIBIT 2 - HISTORIC STRUCTURES MAP 2 EXHIBIT 3 - CIVIL WAR BATTLEFIELD MAP 3 EXHIBIT 4 - GENERALIZED DEVELOPMENT PLAN 4 EXHIBIT 5 - PROPERTY DEED 5 EXHIBIT 6 - CURRENT TAX STATEMENT 6 EXHIBIT 7 - PROFFER STATEMENT 8 • • • • IMPACT ANALYSIS STATEMENT PARCEL ID 63-A-104 EXHIBIT 1 - PROPERTY MAP page 9 tLLEY AVEN E RENTA PROPERTIE , LLC. PIN 63- -25 0.50 ACRES ZONED : RP USE : COMM. INDUST. A. JAY JR. & FRAY E. LOW PIN 63-A-103 0.50 CRES ZONE RP USE SIN E F\AM. RES/ C r- FIRST NATIONAL BANK OF STRABURG PIN 63-A-102 1.20 ACRES �\/ e h USE ZONED OMM./ NDUST. COMMON EALTH OF VIRGIN 7 PI 63 ACR-A101 - 38 ESS NED : 82 USE : STATE GOUT. PHILLIP R. YOUNT— PIN 63-A-100 0.37 ACRES ZONED • B2 USE : COMM./INDUSTR. VALLEY AVENUE RENT1{ PROPERTIES, LLC. PIN 63-A-28 0.41 ACRES ZONED : B3 USE : COMM./INDUST. JAMES C. & DUSTI JILL LIKENS PIN 63C-1-9 ACRES ZONED : RP USE : SINGLE FAM. RES. SL Q- � e N ND O� N 4 -10 /fie UR 0 0 NI B2 NT V ANT R U FFICE DAVID R. MILLER JR. PIN 3-A-105 0 5 ACRES ONED : RP USE SINGLE FAM. RES. AMES J. LANTZl,� PIN 63-A-99 1.58 ACRES ZONED : M2 �-COMM. /INDUST. Q z V) O C) > Nw� D `6 z -7 w fh mQLdO w CL O C)Z Q 3 C)f Q) Q W � 2 � (n W o � a W U J a c" ♦/� � cV r r vi N 3 N N N W; O c :: o+ o 0 V) a J �© v) N r E `o W 'o J- 0 F— c � � E Z 3 w Q a c� N z� Jw ILL) All N \ Ow SURVEY: NA NA DRAWN BY: JOB NO.: SEM 0506012 0 0 100 SCALE: DATE 1"=100.0' 1/11/06 SHEET: Scale V = 100 ft EX. 11 • IMPACT ANALYSIS STATEMENT PARCEL ID 63-A-104 EXHIBIT 2 - HISTORIC STRUCTURES MAP page 10 HISTORICAL PROPERTY KEY 003 - BRIGHTSIDE 009 - OPEQUON PRESBYTARIAN CHURCH** 007 - KERNSTOWN BATTLEFIELD 021 - WILLOW BROOK 487 - TENANT HOUSE AT BRIGHTSIDE** 971 - HOPES ORDINARY** 972 - SAVAGE - SEAL HOUSE 973 - HOUSE IN KERNSTOWN 974 - LANTZ HOUSE 975 - HOUSE IN KERNSTOWN 976 - 3248 VALLEY AVENUE 977 - LORING RITTER HOUSE 978 - 3328 VALLEY AVENUE 979 - 3400 VALLEY AVENUE 980 - MERVEL ADAMS HOUSE** 981 - HANOVER HOUSE 982 - HOUSE, RT. 11 SOUTH 983 - HOUSE, RT. 11 SOUTH 984 - VILLAGE AUTO SALES 1191 - RUSSELL HOUSE #2 1192 - RUSSELL HOUSE #1 1379 - FLETCHER HOUSE VOTE: ** INDICATES A POTENTIALLY SIGNIFICANT SITE AS DENOTED BY THE RURAL LANDMARKS SURVEY REPORT OF FREDERICK COUNTY SURVEY: NA DRAWN BY: 1200 0 1200 SEM SCALE: .. ....... .. , 1"=1200' curd. -UJ J uj D Z Z Z Z ow H62 EX. 21 • • IMPACT ANALYSIS MOATEMENT • PARCEL ID 63-A-104 EXHIBIT 3 - CIVIL WAR BATTLEFIELD MAP page 11 il3 • CIVIL WAR SITES -- ---- Civil War Battle zelds and Sites Frederick County Plonning 5 Development Vlnchvctar, VlrOinto I (As Defined by the NPS Shenandoah Valley Civil War Sites Study) 12-10-97 • • • IMPACT ANALYSIS STATEMENT PARCEL ID 63-A-104 EXHIBIT 4 - GENERALIZED DEVELOPMENT PLAN page 12 / PHILIP R. YOUNT TRUSTEE OF THE \ RALPH P. YOUNT RESIDENTIAL TRUST DB.525, PG.367 \ TM-63-A-100 _ N31'5754 T ?35.54' _ 1 1 1 1 N k. TM-63-A-104 �- w 0.8966 ACRES DAMES J. LANTZ G.396 TM-63-A-99 1 1 3 536.519=229 6_9' I DAVID R. MILLER JR. x I DB.373, PG.431 o I I TM-63-A-105 :E m r I IZ unim 63 A 1o4 J v/ -- Esistkg Zoning: RP Peking Rpuinmenb: Proposed Z-mg: B2-Highway C--id District Property line Selbock: Esisl'mg Usc Vacant runt Yard Selbock Required- 5' Pw sl Am: 0.897 oc as (39.073 sq. R.) Rear Yard Setback Required- 5' Proposed Use: Two Story Off a Bdldirg Side Yord Selbock: Required- 5' Proposed BWdej: 40's112'- 4,490 p. ft. e2 Sp.. Rsqu"wad: BW,f.g Resfriefon Llnea: off— (1) par 250 p. ft front Yard Setback: Rpuied- 35 8.960/250- 36 spaces rpdred Rea Y1d Setback: R,q imd- 0' Told Parking Space Provided: Side Yard Setback: Rpuired- 0' 35 - (2) HDCP spaces included Hasimum Buikf 9 Heght: All-ml_ 35' LooG+g Required- Nona Open Space Rpuired: 15% 5.860 sq. H. Open Space Provided: 48% 18.616 sq. ft Building or d Impervious Area Covarpe: Budding footprint Ana: 4.480.00 sq. it, Asphalt Povempt km: 14.693.00 sq. ft. Pavement Rea: so. fL 70TAL Ie 0.45100 707AL INPERNOUS ARFA 20.457.00 p. ft. k '11'54'�' � I 2B. 64' $ I I I m m 3 J CURVE I ARC I DELTA ANGLE RADIUS I TANGENTI CHORD BEARING1 CHORD 1 30 C1 1 18.39' 1 01'21'12" 1 778.51' 1 9.19' 1 S56'54'26"E 1 18.39' G PROFFER #3 I a Z Im IA O b: I Ln ~ A I II p I - 30' INTERPARCEL I ACCESS EASEMENT I I I 0 30 Scale 1" = 30 ft g a Z �Z-� oom 5 Nao ww inza� 0 W O U W W 0 Y dzNy U19Lu W c� �ZX w W O LI) IY EL 040018113 . Tax Map Parcel Number not assigned PREPARED BY VDOT UNDER SUPERVISION OF THE OFFICE OF THE ATTORNEY GENERAL Exempted from grantor taxes under Section 58.1-811(C)(3) THIS QUITCLAIM DEED, made this 22nd day of July, 2004, by and between the COMMONWEALTH OF VIRGINIA, acting by and through the Commonwealth Transportation Commissioner, Grantor, and PIIILIP R. YOUNT, TRUSTEE OF THE RALPH P. YOUNT RESIDENTIAL TRUST, Grantee. WITNESSETH: THAT WHEREAS, the hereinafter described property was acquired in conjunction with the State Highway System, and WHEREAS, said property has been deemed no Ionger necessary for this purpose, and WHEREAS, accordingly, this conveyance was authorized in accordance with the provisions of Section 33.1-149 of the Code of Virginia (1950), as amended, at a meeting of the is Commonwealth Transportation Board held on July 15, 2004, by a resolution duly adopted and recorded in the minutes of the said meeting. NOW, THEREFORE, for and in consideration of the sum of NINETEEN THOUSAND FOUR HUNDRED THIRTY FOUR DOLLARS ($19,437.00), receipt of which is hereby acknowledged, and the affidavit of the Grantee that he is the owner of the adjacent property and After recordation return to Grantee's Address as Required by Virginia Code I7.1-223: 31a 7 0 c.� ry • that the adjacent property is free from liens and/or deeds of trust, the Grantor does hereby release, remise and quitclaim unto the Grantee all its rights, title and interest in and to the hereinafter described lot or parcel of land, and any and all improvements all of which lies in Shawnee Magisterial District, Frederick County, Virginia; Being as shown on the plans for Route 652, State Highway Project 0652-034-224, M-501, and lying northeast of and adjacent to the north existing right of way line of Route 11, from a point 40.31 feet opposite Station 673+31.77 (Route 11 centerline) to a point 40 feet opposite Station 12+29.55 (Route 652 office revised centerline) and containing 0.15 acre, more or less, land; and being a part of the same lands acquired from Ramzi Zarou, et al., by deed dated February 1, 1989, recorded in Deed Book 706, Page 108, recorded in the Office of the Clerk of the Circuit Court of Frederick County. For a more particular description of the land herein conveyed, reference is made to the photocopy of said Sheet 3, showing outlined in RED the said land, which photocopy is hereto attached as a part of this conveyance and is to be recorded simultaneously herewith in the State Highway Plat Book 10, Page 3-19 It is understood and agreed by and between the parties hereto, that this conveyance is subject to any right, privilege, or easement encumbering the herein described land, whether located above, upon, or under the surface, either presently in use or of record. • (Remainder of page intentionally left blank.) -2- • CD C.J 0 IN WITNESS WHEREOF, the Commonwealth of Virginia, acting by and through Philip A. Shucet, Commonwealth Transportation Commissioner, has caused this deed to be executed in her name as of the day, month, and year first above va-itten. COMMONWEALTH OF VIRGINIA _a�c_ (SEAL) Common AN Transportation Commissioner COMMONWEALTH OF VIRGINIA City of Richmond, To -Wit: I, J , 4�. ; +� \ I S o 1 , a Notary Public in and for the State of Virginia at Large, do certify that Philip A. Shucet, Commonwealth Transportation Commissioner, whose name is signed to the foregoing writing bearing date on the 22nd day of July, 2004, has acknowledged the same before me, • Given under my hand this day of A U slS , 2004. _j , Notary Public My commission expires: VIRGINIA: FREDERICK COUNTY, SCT. This instrument ofwrittiingwas produced to me on and with certificalc of ackrtowled,"rntent Ihen in amiexed was admitted to record. T tmpused by Sec. 58.1-SU2 of _ 3 _ and -53.1-801 have been paid, If assessable 4't-� , Clerk 0 OD r- 0 -AW° �/- 5 •-9-9-8 ................ #� xAmIE� V. LANmz * TO: : : : DEED LINDEN A. VANN, JR. N� BOOK P-93 PACE J D l3Q THIS DFFD, made and dated this :L� tkday of b!ay, 1963, by and between Katie V. Lantz, unmarried, party of the first part, and Linden A. Vann, Jr., party of the second part. VM NESSFTH: That in and for the consideration of the sum of Ten Dollars (ai10.00), cash in hand paid to the said party or the first part, and other valuable consideration, the receipt of all of which is hereby acknowledged, the said party of the first part does hereby sell, grant and convey, with general warranty of title, unto the said Linden A. Vann, Jr., his heirs or assigns, all of that certain lot or parcel of land, lying, and being situate in Shawnee Magisterial District, Frederick County,. Virginia, at Kernstown, a short distance Fast of U. S. Highway No. 11, fronting on.the South side of State Road No. 652, and being, more particularly described in a plat and survey made by Richard U. Goode, Certified Surveyor, on the 17th day of Vay, 1963, as follows: "T3eginnir at (1) a post in a fence corner on the South side of Road No. 652, a corner to the land of Stickley; thence with Stickley S 38 deF.. 15 min. Y: 5G.3 feet to (2) a post a corner between Stickley and the land of the Southern Bakery Co., thence with the land of the Southern Bakery Co., S 39 deg. 01 min. . V; 236.0 feet to (3) a post in a fence corner; thence with a new division line throucih the land of Katie Lantz c f+2 deg. 13 min. r 155.3 feet to (4) a post in a fence corner a corner to A'essick; thence with Messick and along a wire fence N 44 deg. 08 min. E 263.6 feet to (5) a post in a fence corner on the South side of Road No. 652; thence with the South side of Road No. 652 N 51 deg. 02 min. V1 174.6 feet to the point of beginnin;_ containing 1.03 Acres more or less." The aforesaid plat and survey are hereto attached and by this reference made part hereof. The lot of land hereby conveyed is a portion of a larger tract of.land which was conveyed to the said Katie V. Lantz by deed dated February 17, 1932, from Susan C. Lantz, of record in the Clerks Office .of the Circuit Court of Frederick County, Virginia, in Deed Book 163, at page 381. Reference to said deed is hereby expressly made for the recitations therein contained. • `+I COUNTY OF FREDERICK TO WIT: - I, J. W. Baker, a Notary Public in and for the State and County aforesaid, do hereby certify that L. B. Bell, attorney in fact for the heirs of J. J. Littleton, de e d., whose name is signed to the foregoing and annexed instrument of writing bearing date Aug. 22, 1931, has personally appeared before me in my State and County aforesaid and acknowL-dged the same. My Commission expires Nov. 3, 1934. Given under my hand this 22nd day of August, 1931. J. W. BAKER. NOTARY PUBLIC. IVIRGINIA FREDERICK COUNTY SCT: This instrument of writing was preduced to me on the 23rd day of February, 1932, and with certificate of acknowledgment thereto annexed was admit Ito record. a DUTY CLERK. SUSAN C. LANTZ # TO DEED KATIE V. LANTZ THIS DEED made and dated this 17th day of February, 1932, between Susan...C. Lantz (widow), party of the first part; and Katie V. Lantz, party of the second part. WITNESSETH: That the party of the first part, in consider of the cash sum of Ten Dollars ($10.00) and other valuable consideration, to her in hand paid before the delivery of this Deed, the receipt of which is hereby acknowledged, does hereby grant and convey, with general warranty of title, unto the said Katie V. Lantz (subject to the life estate of the said Susan V. Lantz, herein expressly reserved), her heirs and assigns forever, all of the following parcel of real estate, together with all ippurtenances, privileges and improvements thereto becnging, situated in the Village of :ernstown, County of Frederick, Virginia, lying along the East side of the Valley 'urnpike,whieh parcel of land is composed of two (2) tracts: Tract One: That certain tract, improved by dwelling, Which was conveyed to B.F. Fawcett, Trustee, by Deed of Caroline Shryock, et als, May lst, 1889, of record in the Clerk's Office -of the Circuit Court of Frederick County, irginia, in Deed Book No. 100, Page 310, and containing approximately Three and One-half z) Acres; Tract Two: That certain other tract of land, containing ine (1) Acre, and being the same conveyed to Mary C. Fawcett's Trustee by Deed of Viargare, Catherine Elbon, which deed is of record in the aforesaid Clerk's Office in Deed Book No. 120, Page 123, all of which tract of land were-eonveyed to Susie Lantz` by Deed of B. F. Fawcett, Trustee for Mary C. Fawcett, fearing date Jamary 19th, 1900, of record in said Clerk's Office in Deed Book No. 1 124,_Reference is made to said several Deeds for the Surveys of said two (2) tracts of land. Said party of the first part expressly reserves a life estat in the property herein conveyed. Said party of the first part covenants that she has a good right to convey said property; that the same is free from all liens and encumbrances, and that she will forever warrant and defend the title thereto. Witness the following signature and seal this date above written. HER SUSAN x C.'ILANTZ. (SEAL). Witness: MARK Jas. P. Reardon State of Virginia, City of Winchester, to -wit:- ' I, Irene S. Headley, a Notary Public in and for the City of Winchester, State of Virginia, hereby certify that Susan C. Lantz, (widow), whose name is signed to the foregoing writing, bearing date on the 17th day of February, 1932, has this day acknowledged the -same before me in my City and State aforesaid, and I furthi r certifty that my commission as Notary Public expires August 13th, 1933. . Given under my hand this 18th day of February, 1932. IRENE S. HEADLEY. Notary Public. VIRGINIA FREDERICK COUNTY. . . . SCT. This instrument of writing was produced to me on the 24th day of Feb. 1932 and with ertificate of acknowledgment thereto annexed was admitted to record. CLERK lb�n SK876PG 1052 R —.197 Revised �_!97 PREPARED BY VDOT Exempted from recordation taxes and fees under sections 58.1-811(A)(3), 58.1-811(C)(4), 58.1-3315, 25-249, and 14.1-125.2(D). This Deed, Made this 25th day of February, 1997, by and between Linden A. VANN, JR., hereinafter designated as Grantor (even though more than one), and the COMMONWEALTH OF VIRGINIA, Grantee: WITNESSETH: In consideration of the sum of $4,000.00 paid by the grantee to the grantor, receipt of which is hereby acknowledged, the said grantor hereby grants and conveys unto said grantee in fee simple, with general warranty, the land located in Back Creek Magisterial District, in Frederick County, and described as follows: Being as shown on sheets 3 and 4 of the plans for Route 652, State Highway • Project 0652-034-224, M-501, and beginning on the southwest (right) side of the office revised centerline from the lands now or formerly belonging to the Commonwealth opposite approximate station 12+32 to the lands now or formerly belonging to David R. Miller, Jr., and Beverley J. Miller opposite approximate Station 14+06, and containing 0.09 acre, more or leas, land; and being a part of the same Land acquired by the grantor from Katie V. Lantz by deed dated May 28, 1963, and recorded in Deed Hook 293, Page 5, in the office of the Clerk of the Circuit Court of said County. For a more particular description of the land herein conveyed, reference is made to photocopies of said Sheets 3 and 4, showing outlined in RED the land conveyed in fee simple, which photocopies are hereto attached as a part of this 1 0 • conveyance and recorded ai-mult/iHbb'71l rYf�r�UA n State Highway Plat Book lO , Page COL //• The grantor by the execution of thi; instrument acknowledges that the plans for the aforesaid project as they affect his property have been fully explained to him or his authorized representative. The said grantor covenants that he is seized of the land in fee simple herein conveyed; that he has the right to convey the said land to the grantee; that he has done no act to encumber the said land; that the grantee shall have quiet possession of the land, free frcm all encumbrances, and that he will execute such further assurances of the said land as may be requisite. The said grantor covenants and agrees for himself, his heirs, successors and assigns, that the consideration hereinabove mentioned and paid to him shall be in lieu of any and all claims to compensation for land, and for damages, if any, to the remaining lands of the grantor which may result by reason of the use to • which the grantee will put the land to be conveyed, including such drainage facilities as may be necessary. WITNESS the following signature and seal: State of Virginia County of Frederick The foregoing instrument was acknowledged before me this 26th day of trar,-h , 1997 , by _Linden A. Vann, Jr. My Commission expires 31 December 1998 V Notary Public ..ti WRG"A. FREDEMCtt Ch7UKTY, SCT. �Th m�*,14t"Ingma pr ue•d tom• on iM m xed A c•• t lh•a•ta annexed Iltad Tax knpo••d by B•c, i8.1-802 01 S and 88.1-A01 hews been paid, d eas•saable r Clerk • • • IMPACT ANALYSIS S I ATEMENT PARCEL ID 63-A-104 EXHIBIT 6 - CURRENT TAX STATEMENT page 14 ViewDetail 0 0 Page I of I 0 0 Real Estate Public Inquiry Ticket Detail Departmentg: Ticket 372010001 FRQ: F J SUPH: F--- Name: IVANN, LINDEN A. JR. map#. 163 A 104 Name 2: F- ......... .. D------- -- - ------ Address: Description: 1.0.61-RUI.S.-S E.L.C.R.O.-FT'R D..... .. ... ..... IWINCHESTER, VA. 22601 Bill Date: 106/05/2006 Due Date: 106/04/2006 Land: $60,000j Original Bill: Penalty Paid: Amount Owed: $157.501 Total Owed: Improve: use: Payments: Acres: 0. 94; Int Paid: Discount: Other: Last Date: 06/05/20061 Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website a.vain. Date Type ype Transaction tl Amount Balance 6/5/2006 Charge 0 $157.50 $157.50 1 Use the print key for your browser to print a copy of taxes paid for this year. —I New Search; Previous htt-ps:llwww.co.frederick.va.uslapplicationsIREPi,ibliclnquiryNiewDetail.aspx 5/9/2006 i "5- i vi i • • • • • Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #: 359170001 FRQ: 1 Sup#: 0 Name: VANN, LINDEN A. JR. Map#: 63 A 104 Name 2: Address: Description: .94 ACRE 104 OAKWOOD CT WINCHESTER, VA. 22601 Bill Date: 06/06/2005 Due Date: 06/06/2005 Land: $60,000 Improve: Use: Original Bill: $157.50 Payments: $157.50- Acres: Penalty Paid: Int Paid: Discount: Amount Owed: Other: Last Date: Total Owed: Penalty: Interest: 0.94 05/20/2005 Note that it payment has been received vvithin the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction # Amount Balance 6/6/2005 Charge 0 $157.50 $157.50 5/20/2005 Payment 76756 ($157.50) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www. co. frederick.va.us/applications/REPublicInquilyNiewDetai 1. aspx 9/28/2005 • 19 • • • Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #: 359170002 Name: VANN, LINDEN A. JR. Name 2: Address: 104 OAKWOOD CT FRQ:2 Sup#: 0 Map#: 63 A 104 Description: .94 ACRE Bill Date: WINCHESTER, VA. 12/06/2005 Due Date: 22601 12/05/2005 Land: $60,000 Improve: Use: Original Bill: $157.50 Payments: Acres: 0.94 Penalty Paid: Int Paid: Discount: Amount Owed: $157.50 Other: Last Date: 12/06/2005 Total Owed: $157.50 Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the w-ebsite again. Date Type Transaction # Amount Balance 12/6/2005 Charge 0 $157.50 $157.50 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.frederick.va.us/applications/REPublicInquiryNiewDetail.aspx 9/28/2005 • • • IMPACT ANALYSIS STATEMENT PARCEL ID 63-A-104 EXHIBIT 5 - PROPERTY DEEDS page 13 PROFFER STATE* f PARCEL ID 63-A-104 (j00-UZo 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 # 01-06, for the rezoning of parcel TM# 75-A-91 B from B3 to B2, the use and development of the subject property shall be done in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Site Plan The applicant agrees to proffer a Generalized Development Plan (Exhibit 4) dated May 10, 2006 for the purpose of identifying the general configuration of an 9,000 square foot Office Building . 2.) Restriction of Direct Access to Route 11 The applicant agrees to prohibit direct access to Route 11 from the subject parcel. 3.) Frontage Improvements The applicant agrees to provide a five foot sidewalk along Shawnee Drive. (Exhibit 4) 4.) Monetary Contribution to Frederick County Service Organizations Th&wner wi11-donate-or_ W cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 fo impacts to fire control services. This sum will be paid vp n-rec pt_o"h adjn4- permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even 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. Linden Vann, owner tl 2ov Date page 2 PAY TO THE ORDER O 5 0 MITCHELL $ WEBB, LLC 124 PARK STREET SE, STE. 201 VIENNA, VA 22180 u m en f: See 09-05 M 1035 DATE 2 % � 00 sa-a24710 $ DOLLARS 8~' -BB"... BRANCH BANKING AND TRUST COMPANY /- - BERRRWILLE, VIRGINIA ® FOR 1�Qs'kno II'OOL035n• l:051404260l:5237846763u• /P DATE 5� 1N0.714 8 0 o RECEIVED FROM a�•-.,� �? 1 AQDRESS00 U (st/(1 J11c� 0. i8d aai v�A, DOLLARS $ I 000 Q6 > U (V J.__AJ JFOR RENT FOR (9ik-� +� ,f ) D •( JG/17�-g1 �T-YT 1/��T Q R�U eO , ~ O Q u y r. `' AMT.OF CASH �� O ►i4 In' ACCOUNT •� Z k a, AMT. PAID CHECK BALANCE MONEY U u.a �3k ORDER Q AMENDMENT Action: PLANNING COMMISSION: June 21, 2006 - Recommended Approval BOARD OF SUPERVISORS: July 26, 2006 IM APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #08-06 OF SHAWNEE DRIVE (WEBB) PROPERTY WHEREAS, Rezoning #08-06 of Shawnee Drive (Webb) Property, submitted by Painter -Lewis, PLC, to rezone .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers for office use, was considered. The property is located on Shawnee Drive, approximately 250 feet east of the intersection of Route 11 and Shawnee Drive, on the right side of the road, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 63-A-104. WHEREAS, the Planning Commission held a public hearing on this rezoning on June 21, 2006; and WHEREAS, the'Board of Supervisors held a public hearing on this rezoning on July 26, 2006; 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 .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers for office use, 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 #22-06 0 0 This ordinance shall be in effect on the date of adoption. Passed this 26th day of July, 2006 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Aye Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Philip A. Lemieux Aye A COPY ATTEST I ""W' 4< John. ley, Jr. Frederick County Administrator PDRes. 422-06 • Shawnee Drive Property Rezoning #: Property: Recorded Owner: Proffer Statement .94 acres PARCEL ID - 63-A-104 Mr. Linden Vann Applicant: Mr. Jim Webb Mitchell & Webb, LLC 19 First Street, Suite 202 Berryville, Virginia 22611 Project Name: Shawnee Dr. Property Original Date of Proffers: October 13, 2005 Revision Date (s): January 16, 2006 March 15, 2006 May 9, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painteriewis.com Job Number: 0506012 PROFFER STATEM PARCEL ID 63-A-104 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 # o,7-a6, for the rezoning of parcel TM# 75-A-91 B from B3 to B2, the use and development of the subject property shall be done in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Site Plan The applicant agrees to proffer a Generalized Development Plan (Exhibit 4) dated May 10, 2006 for the purpose of identifying the general configuration of an 9,000 square foot Office Building . 2.) Restriction of Direct Access to Route 11 The applicant agrees to prohibit direct access to Route 11 from the subject parcel. 3.) Frontage Improvements The applicant agrees to provide a five foot sidewalk along Shawnee Drive. (Exhibit 4) 4.) Monetary Contribution to Frederick County Service Organizations The--owner.-will donate -or idll cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000,.-Mfor impacts to fire control services. This sum will be paid —upon--receipt -of -the--first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even 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. Linden Vann, owner ll 20�(0 Date page 2 PROFFER STATEMW PARCEL ID 63-A-104 I* City/6-of Uli uvjvAb' , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this I day of n 1200 (Q tary Publi My commission expires: l d ( 31-y7 page 3 FILE 90PY 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: August 1, 2006 The amount of $50.00 was deposited in line item #3-010-013030-0007 for the company named below had a deposit for one sign for Rezoning #08-06 for Shawnee Drive Property. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: RSA/pd Mitchell & Webb 124 Park St. Suite 201 Vienna, VA 22180 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 U \C—I\C..—\t—k.nS sex Revised 05/09/02 4-4 O ® o m rI m r� y a y a cc Q O .-r N C, r. Q O U ^ � En Vl. RECEIVED FROM / l/ 0 E S 24 V� — NO. 2873 ADDRESS I a `t PLO 1 V �mj I OLLQ` $ jql4a o0 FOR J l + �/ t Pl, %AA AMT OF + ACCOUNT I CASH AMT. PAID CHECK BALANCE I I I MnNFv BY Y.ss CHECKS: :�a4,-�-7q " CURRENCY: LESS CASH: n TOTAL: �V O:\Operations Manual\DEPOSTT REPORT FINANCE•NE W2003.wpd PREVIOUS ENDING RECEIPT(S) Z'6 8 Q c - % 3 aFDe,�,9 vas a September 1, 2005 Page 2 IMPACT ANALYSIS PATEMENT PARCEL ID 63-A-104 • EXHIBIT 7 - PROFFER STATEMENT • • page 15 • • Shawnee Drive Property Proffer Statement Rezoning #: Property: .94 acres PARCEL ID - 63-A-104 Recorded Owner: Mr. Linden Vann Applicant: Mr. Jim Webb Mitchell & Webb, LLC 19 First Street, Suite 202 Berryville, Virginia 22611 Project Name: Shawnee Dr. Property Original Date of Proffers: October 13, 2005 Revision Date (s): January 16, 2006 March 15, 2006 May 9, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0506012 PROFFER STATEMPT • PARCEL ID 63-A-104 • 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 # for the rezoning of parcel TM# 75-A-91 B from B3 to B2, the use and development of the subject property shall be done in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Generalized Site Plan The applicant agrees to proffer a Generalized Development Plan (Exhibit 4) dated May 10, 2006 for the purpose of identifying the general configuration of an 9,000 square foot Office Building . 2.) Restriction of Direct Access to Route 11 The applicant agrees to prohibit direct access to Route 11 from the subject parcel. • 3.) Frontage Improvements The applicant agrees to provide a five foot sidewalk along Shawnee Drive. (Exhibit 4) 4.) Monetary Contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Stephens City Volunteer Fire Company the sum of $1,000.00 for impacts to fire control services. This sum will be paid upon receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even 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. Linden Vann, owner • Date page 2 0 • • • PROFFER STATEMPT • PARCEL ID 63-A-104 . City/County of , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this day of , 200 Notary Public My commission expires: • page 3 \J PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 116 South Stewart Street Winchester, VA 22601 May 11, 2006 Ms. Candace Perkins Frederick Co. Dept. of Planning and Development 107 North Kent St., Suite 202 Winchester, VA 22601 RE: Shawnee Drive Rezoning Parcel ID# 63-A-104 Dear Ms. Perkins, tel.: (540)662-5792 fax: (540)662-5793 email: office@painterlewis.com As per your phone message earlier today, I am submitting the notarized copy of the Proffer Statement for the above referenced project. As for the City comments, the water line has been identified on the GDP as existing. And, the Historic "inconsistencies" were addressed per your comments dated, November 3, 2005.1 hope this adequately resolves what you were looking for with the message today. I appreciate your time and attention to this project. Please do not hesitate to contact me if you have any questions or require additional information. Sincerely,, ?illFries PAINTER-LEWIS, P.L.C. Enclosure File: MAY 1 1 2006 PAINTER-LEWIS, P.L.C. Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIgE TO HAVE COMPLETED. INITIALS DATE & TIME Candice l� �� erne Mark Susan Eric f e Kevin John COMMENTS: Received by Clerical Staff (Date & Time): P, 1 I•ediate TX Result Report ( Apr, 4•006 12:27PM) x Fax Header) File Date Time Destination Mode TXtime Page Result User Name No. ---------------------------------------------------------------------------------------------------- Avr. 4. 12:26PM 5406625793 G3TES) 0"59" P. 5 OK 3421 # Batch M Memory L Send later @ . Forwarding E ECM S Standard D Detail F Fine Reduction * LAN —Fax + Delivery Q RX Notice ReQ. A RX Notice • • r 662- -r,JN C 171 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: COMPANY: �� �• \ e r E Lever s FAX #: - 5 7 of 3 PC- IM =93 Date: y n L' Number of Pages (including cover sheet) 5 From the desk of: • • PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: 116 South Stewart Street fax: Winchester, VA 22601 email: May 9, 2006 Mr. Mike Ruddy Frederick Co. Dept. of Planning and Development 107 North Kent St., Suite 202 Winchester, VA 22601 RE: Shawnee Drive Rezoning Parcel ID# 63-A-104 Dear Mr. Ruddy, (540)662-5792 (540)662-5793 office@painterlewis.com Enclosed, please find for your review and approval, a rezoning application, submittal fee, Impact Analysis Statement, Specialized Power of Attorney, and copies of agency comments for the above referenced project. Please do not hesitate to contact this office if you have any questions or require additional information. Sincerely J 1 Fries PAINTER-LEWIS, P.L.C. Enclosure cc: Mr. Jim Webb M AY PA1/v1 LK-LP_ W1J, F.L.U. 05/15/2006 15:39 5406625793 0 FAX Painter -Lewis,, P.L.C. Consulting Engineers 116 S. Stewart Street Winchester, VA 22601 (540) 662-5792 office @painterlewis. com w L�lifiil..�•�• - O O O - OPQ 000 ----- Comments: RE: Shawnee Dr. Parcel ID# 63-A-104 Ms. Perkins, PAINTERLEWIS 0 PAGE 01 To: Ms. Candace Perkins Company: Frederick Co. Planning Department Fax number:. 540--665-6395 From: Jill Fries Fax number: 540-662 -5793 Date: 5/15/2006 Regarding: City Comments for Shawnee Drive Rezoning Number of pages including cover sheet: 2 Attached, please find a copy of the email I received from Mr. Youmans regarding the above referenced project. Please feel free to contact me if you have any questions or if you require additional information. Sincerely, Jill Fries N w E DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDFRICK COUNTY, VIRGIlfA GIS, MAPPMG, GRAPHICS WORKIREQUEST DATE RECEIVED: REQUESTED COMPLETION DATE: REQUESTING AGENT: DeP artramt, Agency, or Company: Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additi 0 rVLey"S DIGITAL: PAPER: FAX:E SIZES: COLOR BLACKIWl=: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-Up/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: �on-on-baz kk-afmqu-est ?� E-MATT.: NUMBER OF COPIES: HOURS REQUIRED:_ AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) O8-aG CDPY Adjoining Property Owners Rezoning TO:BARBARA-DATA PROCESSING FROM:BEV - PWIf nning Dept. Pleas print `t sets o WZ;* z NK --r- 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 Name sANe's S LArrr2 Property # Name C Property # Name ��i.et�h �JcrrLrN o� � Property # Name Property # Name A Property # Name Property # Name L KiEd T C Property # 5 L _ I — 9 / Nameyl— 115t Property # U 3 Name Property # 15 Address 953 M-AA Ie. Ate. , Ludt-hux, �A • ��('-,-s 3.1I C�u.E-y -,:;,) ► v� Yv1tJLl�rSTEiL, VA. 2,;662 S'CAuN-�bN , I�A • Z4g0� ilZ M. l<tN(: ST. `�FMAydutic,, VA. 9;4nr--? GfJi NL #CS%E'T, iiA. ZZ� 02 335s Sff�iw�.tf-F Win/ckCs7t JAI. OZ 'Z356 T�z. vv[NclttS EW, VA. �P4,62 l.0 yr c I-C75tel) U i 3 3L6 b a COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING July 12, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RIJ: REZONING APPLICATION #08-06 FOR SHAWNEE DRIVE PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, July 26, 2006, at 6:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 1408-06 of Shawnee Drive (Webb) Property, submitted by Painter -Lewis, PLC, to rezone .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, for office use. The property is located on Shawnee Drive, approximately 250' east of the intersection of Route 11 & Shawnee Drive, on the right side of the road. The property is located in the Shawnee Magisterial District, and is identified by Property Identification Number 63-A-104. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Y y 6 This is to certify that the attached correspondence was mailed to the following on I /n -l—Ne from the Department of Planning and Development, Frederick County, Virginia: 63 - A- - 103- 63 - A- - 104- LOWE, A JAY JR & FRAY E VANN, LINDEN A. JR. 3364 SHAWNEE DR 106RUSSELCROFT RD WINCHESTER, VA 22602-2434 WINCHESTER, VA. 22601.3425 63 - A- - 105- PAINTER-LEWIS, P.L.C. MILLER, DAVID R. JR. 116 South Stewart St. Winchester, VA 22601 n�`' 3355 SHAWNEE DR WINCHESTER, VA 22602.2436 63C - 1- - 9. 63 - A- - 99- LIKENS, JAMES CRAIG LANTZ, JAMES J. 3356 SHAWNEE DR WINCHESTER, VA 22602.2434 6953 MIDDLE RD MIDDLETOWN, VA. 22645-2116 63 - A- - 28- 63 - A- - 100- VALLEY AVENUE RENTAL PROPERTIES,LLC YOUNT REALTY, LLC 3167 VALLEY PIKE 3186 VALLEY PIKE WINCHESTER, VA 22602.2482 WINCHESTER, VA 22602.2481 63 -A- -101- COMMONWEALTH OF VA. PO BOX 2249 STAUNTON, VA 24402-2249 63 - A- - 102- FIRST NATIONAL BANK OF STRASBURG CIO FIRST BANK 1 112 W KING ST STRASBURG, VA 22657.2220 Candice E. Perkins, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, �i,� , a Notary Public in and for the State and County aforesaid, d ereby certify that Candice E. Perkins, Planner II for the epartment of Plaiuiing and Development, whose name is signed to the foregoing, dated , has personally appeared before me and acknowledged the same in my t to Knd County aforesaid. Given under my hand this l,:�& day of My commission expires on 4 s---(-. rt:,Lu « / NOTARY UBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING June 7, 2006 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 408-06 FOR SIIAWNEE DRIVE PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, June 21, 2006, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #08-06 of Shawnee Drive (Webb) Property, submitted by Painter -Lewis, PLC, to rezone .94 acres from RP (Residential Performance) District to B2 (General Business) District with proffers, for office use. The property is located on Shawnee Drive, approximately 250' east of the intersection of Route 11 & Shawnee Drive, on the right side of the road. The property is located in the Shawnee Magisterial District, and is identified by Property Identification Number 63-A-104. Any interested parties having questions or wishing to speak may attend this public bearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/dlw 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that t e attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 63 - A- - 104- VANN, LINDEN A. JR. 106 RUSSELCROFT RD WINCHESTER, VA. PAINTER-LEWIS, P.L.C. 116 South Stewart St. Winchester, VA 22601 63 - A- - 99- LANTZ, JAMES J. 6953 MIDDLE RD 22601.3425 & w p f- MIDDLETOWN, VA. 22645.2116 63 - A- - 100- YOUNT REALTY, LLC 3167 VALLEY PIKE WINCHESTER, VA 22602.2482 63 -A- -101- COMMONWEALTH OF VA. PO BOX 2249 STAUNTON, VA 24402.2249 63 - A- - 102- FIRST NATIONAL BANK OF STRASBURG CIO FIRST BANK 112 W KING ST STRASBURG, VA 22657.2220 STATE OF VIRGINIA COUNTY OF FREDERICK 63 - A- - 103- LOWE, A JAY JR & FRAY E 3364 SHAWNEE DR WINCHESTER, VA 22602-2434 63 - A- - 105- MILLER, DAVID R. JR. 3355 SHAWNEE DR WINCHESTER, VA 22602.2436 63C - 1- - 9. LIKENS, JAMES CRAIG 3356 SHAWNEE DR WINCHESTER, VA 22602.2434 63 - A- - 28. VALLEY AVENUE RENTAL PROPERTIES,LLC 3186 VALLEY PIKE WINCHESTER, VA 22602.2481 I t Candice E. Perkins, Planner II Frederick County Planning Dept. I, jd. 6 � "al � v , a Notary Public in and for the State and County aforesaid, do ereby certify that C44ice E. Perkins, Planner II for the D p76, ment of Plamiing and Development, whose name is signed to the foregoing, dated ,has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of My commission expires on �!i'i ,� C,S(, z-1Ua / NOTARY F&BLIC y tJ--4t-(3,A-l0� Adjoining Property Owners Rezoning TO:BARBARA-DATA PROCESSING FROM:BEV - PIf'nning Dept. Pleasl print `f se=ANK 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 I Address Name M ,s -S. L M;ddle 2�{. (0 9'' Property # �- _ c1q l53 A%(d LhuH, l A - a�(og5 Name — 31�4 VF(�Fy l�iKe Property # // 1N►r1c N6sTER, Va• o1o?�a2 Name o� }� 0. ILK o ¢g SCAuNTDN , v1A • Z4�0� Property # Name Fizs rlaTi�NAC 8 0 6 TioRb (I2 �1% IGtNI: --'T. Property # `sMA!iZ096, VA • a.14-5'7 Name 9364 SH/Itvrl,-E' PF, Property # - Ib Name Aaa,%1 JR. 33 �5 SJq iU'N�F erh# /2- e_ � 1J�n/cftcsT ;� v� Go2Pro Name tKFKS,�C, - Property # �3 (r _ I _ 9 Name V. nU AV C h cmcj I Property # (0 3 —A _ 200 Name Property # S56 P114c.Wt5TE'i2, VA. n LLc 3 tU(VI `�j�� i"J�-Ach'ct' ', UA aa(oba 15