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HomeMy WebLinkAbout006-98 Borderline, L.L.C. (Broadway Electric Co.) - Shawnee - BackfileCASH RECEIPT Received From Date 19 Address Ley 1 q 4 r. For Dollars $ ' ACCOUNT r AMT. OF ACCOUNT CASH By 1 AMT. PAID CHECK BALANCE DUE MONEY ORDER SH • REC Date 19 Received From Address t Dollars $ For w9 AMT OF ACCOUNT CASH / /+ ':�>uD AMT PAID CHECK By BALANCE DUE MONEY ORDER • IR Date TRACKING SHEET Application received/file opened Reference manual updated/number assigned yZ 10 D`-base updated J��" File given to office manager to update bi-monthly report Four sets of adjoiner labels ordered from data processing 40 color location maps ordered from GIS I- g PC public hearing date ACTION: LPT OMIhe KeA ADDroUn L BOS public hearing date ACTION: r Signed copy of resolution for amendment of ordinance, with conditions proffered, received from County Administrator's office and placed in Proffers notebook. (Note: if no proffers, resolution goes in amendments without proffers notebook.) a�3 Q� f ' Z7-` S7 ile given to office manager to update bi-monthly report (final action) 4- 2'7-�W File given to Mapping & Graphics to update zoning map o4-27—g8 4oning map amended Other notes: 4 z' �k �rdd-ice o..s,�.w G 0 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 April 24, 1998 Mr. John Lewis Painter -Lewis, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 RE: REZONING APPLICATION #006-98 OF BORDERLINE, L.L.C. (Broadway Electric Company); PIN 64-A-45F Dear John: The Frederick County Board of Supervisors approved your request to rezone 2.67 acres, identified as PIN 64-A-45F from RP (Residential Performance) to MI (Industrial Light) District in regular meeting on April 22, 1998. The Board of Supervisors also approved a waiver of the steep slope disturbance to allow for the disturbance of 50% of the steep slopes on this lot as identified in the rezoning application. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Michael T. Ruddy Planner II MTRJcc Enclosure cc: Mike Foster W. Harrington Smith, Jr., Shawnee Supervisor Ellen Murphy, Commissioner of Revenue Denny Linaburg, Fire Marshal O VWGENDASUPPR DEN LTR13RDERLIN.REZ 107 North Kent Street • Winchester, Virginia 22601-5000 PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 64-((A))-45F Shawnee Magisterial District Frederick County, Virginia March 19, 1998 Prepared for: Borderline, L.L.C. c/o Broadway Electric Company P. O. Box 306 Broadway, Virginia 22815 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street - Suite 200 Winchester, VA 22601 Tel.: (540)-662-5792 Job Number: 9711021 PROFFER STATEME T PARCEL ID 64-((A)-W • INTRODUCTION The subject property consists of 2.67 acres and is located on Route 645, Airport Road, approximately 0.50 miles east of US Route 522. The property consists of a single parcel which is zoned RP. Exhibit 1 shows the location of the property. The property was originally a part of the Preston Place Apartments development land. After development of the first phase of the apartments, the property was conveyed to Shalom et Benedictus, the current owner. The property is not suitable for residential development. The property owner desires to rezone the entire 2.67 acres to M1, Light Industrial District. 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 2.67 acres on Parcel 64-((A))-45F from RP to M1, development of this particular 2.67 acres will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. The property owner hereby agrees to restrict disturbance of an area containing 0.8137 acres on Parcel 64-((A))-45F to utility installation and the construction of storm water controls as required to facilitate development. This area is to be referred to as an environmental easement and is defined by metes and bounds as shown on the attached Exhibit 1. Monetary Contribution to Frederick County Service Organizations The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of $3,148.30 for impacts to fire and rescue services. This sum will be paid upon receipt of a building permit for the proposed use structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grants 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. PROFFER STATET PARCEL ID 64-((A)- i Submitted By: Shalom et Benedictus Mik oster Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this day of 0, by Mr. Mike Foster for Shalom et benedictus. My commission expires on C--) c + 1, ZOn Notary Public i 1000, 10011 x o I� � � ,V�6� � / // / X� X � � X x 1�• o I ��� Y / X x� x ■ x x X K \ \ X x x Y I X // / 1�' IR I � X � ■JIx X � x \ / x ■ x x I I I Y t } x r \ j Y x ■ \ \ x X R k x x l R R R ' Y Y / // X } R • R } R `x % } Y1 ■� x r YY • \ ■ ■ � x r x x■ %■ x l ul I% x I r i x x x O % c x Y } Y. x x Y x r x x Y x 1 x Zi x x \ x} x x x R} Yx /1 C wlx x N k� X ■ � t x% x Y X } x x�`x M = 1 CD ' "O +f R x Y x � 1 / 0� x t y('(��.�/�R \Y\ X X Y'x x Y 1 }�}�" x X \ �O� /1x` GI LINE DIRECTION DISTANCE } R x ?• Y x r % I Lt S84.17.22•W 50.25R L2 55615'02'W 54.63ft " L3 56417'22"W 30.15ft a\�X�� L4 N26.06•W 38.01R 63' L5 N46'32'53•W 25.17R L6 N16'03'59 130.08R \ *\} X x x x 1 \ .j� x\\\ �"� x Y\ � fixx x x x STEEP SLOPES r r\" k x IT x Q x t x x x �1E x• LOT DATA " X " " LOT AREA = 2.67 ACRES TOTAL AREA IN STEEP SLOPES = 49,858 SF Ls AREA IN STEEP SLOPES DISTURBED 24,845 SF (50%) AREA IN STEEP SLOPES PRESERVED 25,013 (50%)SF EXISTING POND BUILDING AREA = 80,861 SF (1.856 ACRES) AREA IN ENVIRONMENTAL EASEMENT = 35,444 SF (0.8137 ACRES) P OJEC : DATE: 02-03-98 PAINTER-LEWIS, P.L.C. PROFFER EXIT SURVEY: NA 302 South Braddock Street, Suite 200 p� A PROPOSED REZONM DRAWN: JCL EXHIBIT: VAncheeter, Virginla 22601 Telephone (540)662-5792 P/yM. SCALE: C.I.: 1' a 60' 2' i Facsimile (540)662-5793 0�)-49 FREDEM�VWGM JOB NO.: 9711021 0 PC REVIEW DATE: 04/01/98 BOS REVIEW DATE: 04/22/98 REZONING APPLICATION #006-98 BORDERLINE, L.L.C. (Broadway Electric Company) To Rezone 2.67 Acres from RP (Residential Performance) to M1 (Light Industrial) LOCATION: This property is located on the south side of Airport Road (Route 645), 0.5 miles east of Front Royal Pike (Route 522). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 64-A-45F PROPERTY ZONING & PRESENT USE: Zoned: RP, Residential Performance District Land Use: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North - Zoned: RP (Residential Performance) Use: Residential South - Zoned: RP (Residential Performance) Use: Residential East - Zoned: MI (Light Industrial) Use: Vacant West - Zoned: RP (Residential Performance) Use: Residential PROPOSED USE: Office REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Fifth Edition for review. Any work performed on state rights -of -way must be covered under a land use permit. This permit is issued • 0 Borderline, L.L.C., REZ #006-98 Page 2 April 15, 1998 by this office and requires an inspection fee and surety bond coverage. Frederick Co. Sanitation Authority: No comment. Public Works: The proposed rezoning request is approved as submitted. Please contact this office for information related to the design of the existing stormwater retention basin. Frederick Co. Fire and Rescue: No comments. Greenwood Vol. Fire and Rescue: The close proximity to RP should bring to your attention that landscaping probably will not be enough buffer between the two uses. Also, with RP on the east, how does light industrial fit in between RP's? Historic Resources Advisory Board: No significant historic resources appear to be adjacent to the subject parcel. County Attorna: Proffers appear to be in appropriate language. Winchester Regional Airport: Subject site is located within the horizontal zone of the Airport District. The Federal Aviation Administration requires submittal of an FAA Form 7460 for evaluation of construction in this area, although it is unlikely there will be any adverse finding. Recorded plats should note the site is within the Airport District, and there are certain use restrictions. (See attachments.) Planning & Zoning: 1) Site History This property has been zoned RP (Residential Performance) since the RP zoning district was established in 1983. All of the early county zoning maps, prior to 1983, indicate that the property was zoned RI. NIDP #009-87, for the Airport Business Center, identified this area for residential development. However, it is the development of the Preston Place Apartments and Townhouses that addresses, in greater detail, the residential development of this property. MDP #003-90 called for the development of 117 townhouses on the 22 acres north of Route 645. NIDP #005-92, a revision to the previous MDP, called for the additional development of 120 garden apartments south of Route 645. MDP #006-94 further revised the original MDP, changing the housing type north of Route 645 to 45 townhouses and 72 garden 0 • Borderline, L.L.C., REZ #006-98 Page 3 April 15, 1998 apartments. Subdivision #009-92 of the parcel, for which this rezoning is being requested, was approved prior to MDP #005-92. Subsequently, SP #001-93, SP #032-94, and SP #039-96 were approved allowing for the full development of the Preston Place Apartments and Townhouse project as master planned. The above plans are significant in that the 2.7-acre parcel for which this rezoning is being requested was considered as part of the 42-acre Preston Place residential development, even after its subdivision. The acreage of this parcel was accounted for in the calculations determining the permitted density, open space, and environmental features for the development. 2) Location The property is located within the Sewer and Water Service Area and is shown as an area of residential development on the Frederick County Comprehensive Plan, Route 50 East Corridor Land Use Map. 3) Site Suitability Steep Slopes. This parcel contains 1.14 acres of steep slopes. It is clear that the steep slopes within this parcel were included in the calculations determining the amount of steep slopes, and the amount of steep slope disturbance, for the Preston Place development. Site Plan #001-93 identifies a total of 4.98 acres of steep slopes within the development, of which a maximum of 1.24 acres, 25%, was disturbed during the development of the apartment complex. Therefore, any further disturbance of steep slopes within this parcel would exceed the maximum disturbance allowed for the entire residential development. It would be inappropriate to consider this 2.7-acre parcel on its own, as its acreage and steep slopes have been previously relied upon to maximize the amount of disturbance for the Preston Place development. The applicant requests a waiver of the steep slope disturbance allowance to permit an increase in the disturbance of steep slopes on this 2.7-acre parcel from 25 percent to 50 percent. The Board of Supervisors may allow the disturbance of larger areas of steep slopes in industrial parks. However, this parcel is part of an approved residential master development plan and not within an industrial park. is Borderline, L.L.C., REZ #006-98 Page 4 April 15, 1998 The applicant has attempted to address the impacts to the steep slopes located on the parcel by proffering to restrict the disturbance of a 0.8137-acre area referred to as an environmental easement. It is staff s determination that any further disturbance of steep slopes should not be permitted. Wetlands. The existing pond located at the southern end of the property is identified as a wetland in the National Wetlands Inventory published by the U.S. Department of the Interior in 1990. This should be noted for future reference. Historical. No historical features exist on this property. Density. Comparable to the situation described above regarding steep slopes, the acreage of this parcel was included in the density calculations for the Preston Place development. Two hundred thirty-seven housing units were approved and constructed with this 42-acre development resulting in a gross density of 5.64 units per acre. This gross density was the maximum permitted for this particular development. The elimination of 2.7 acres from the total acreage would result in an increase in the gross density to six units per acre. The zoning ordinance currently requires that the gross density for a development of this size not exceed 5.5 units per acre. Again, it would be inappropriate to consider this 2.7-acre parcel on its own as its acreage has been previously relied upon to maximize the gross density of the Preston Place development. 4) Potential Impacts Traffic. The traffic impact analysis submitted by the applicant assumes that the most intensive usage of the property, in terms of trip generation, is as office space. Other uses within the M1 zoning district may have a greater physical impact on the road. When taking into consideration the proffered environmental easement, the maximum 45,787 square feet of office space used by the applicant to determine the trip generation is acceptable. The traffic impact statement concludes that the maximum development of this parcel would generate 759 trips per day which would have a moderate impact on traffic movement on Route 522. Traffic data from the Virginia Department of Transportation shows that the 1993 traffic count records 1,494 trips per day on Route 645 at the site. Recent development in this area has certainly increased the number of trips per day along this section of Route 645. • 0 Borderline, L.L.C., REZ #006-98 Page 5 April 15, 1998 However, Route 645 should be able to sufficiently accommodate the development of this 2.7- acre parcel. Issues pertaining to site development will be addressed at the site plan stage. It should be noted that the Winchester Area Transportation Plan identifies a four -lane improvement to this section of Route 645. In addition, Route 645 is shown as extended westward over Interstate 81 into the City of Winchester. These improvements are based upon traffic projections for the year 2020. Adjoining Properties. The existing Preston Place apartment and townhouse development will be directly impacted by this rezoning application. As mentioned previously, the acreage of this parcel was accounted for in the calculations determining the permitted density, open space, and environmental features for the Preston Place development. All of the above calculations would be negatively impacted. A "C" category zoning district buffer would have to be implemented adjacent to the apartments. The plat of the property submitted with the application details the terrain on the parcel. Clearly, the full screen portion of the buffer would be ineffective unless located above the proffered environmental easement. Staff would work with the property developer at the site plan stage to ensure that the full screen effectively shields the development from the existing residential uses. The deed for this parcel, which was also submitted as part of the application, describes restrictive covenants guiding any future development of this property. One can assume that the intent of the covenants was to ensure that any future development of this property would not negatively impact the Preston Place development. The rezoning of this parcel will not negatively impact development that is occurring to the east within the Airport Business Center. Solid Waste Disposal Facilities. The applicant has evaluated the impact of this rezoning on solid waste disposal facilities based on an office development. The office use has not been proffered by the applicant and it is conceivable that other uses in the M1 zoning district may have a greater impact on solid waste disposal facilities. When considering the acreage of this rezoning, any additional impact to these facilities may be negligible. Community Facilities and Services. The Frederick County Capital Facilities Impact Model demonstrated a fiscal impact to 0 • Borderline, L.L.C., REZ #006-98 Page 6 April 15, 1998 emergency services. The model run assumed a 66,083-square-foot office on 2.67 acres of M1. This square footage of office space is based on the maximum possible square feet of structure per acre of general office use which is 24,750. 5) Impact Statement/Proffer Statement The County Attorney has stated that the proffers appear to be in the appropriate form. It should be noted that a revised proffer statement signed by the property owner, Shalom et Benedictus, must be received by staff prior to the Planning Commission Public Hearing. The applicant has submitted a proffer that offsets the fiscal impact to emergency services. The amount proffered is consistent with the Frederick County Capital Facilities Impact Model. This monetary contribution is to be provided to Frederick County and allocated to the Greenwood Fire and Rescue Company. The applicant has stated in the application that the proposed use of the property is an office. However, no use has been proffered. Should this rezoning be approved, any use permitted in the M1 (Light Industrial) zoning district would be allowed as a by -right use. STAFF RECOMMENDATION FOR 04/01/98 PLANNING COMMISSION MEETING: Existing roads are sufficient, as is the existing infrastructure, to accommodate a rezoning of this size without any significant negative impacts. However, the proposal to rezone this property is inconsistent with many of the Comprehensive Plan policies for development in the Urban Development Area of the county as they pertain to environmental issues. The Route 50 East Corridor Land Use Map further identifies the land use in this location as residential. The applicant has adequately mitigated the negative impact to fire and rescue capital costs through a monetary proffer that is consistent with the results of the Capital Facilities Impact Model. The applicant has also attempted to address the impacts to the steep slopes located on the parcel by proffering to restrict the disturbance of steep slopes within an environmental easement. However, it remains staff s conviction that any further disturbance of steep slopes should not be permitted. In addition, the resulting increase in the gross density of the Preston Place development should be avoided. Staff believes that the impact of this rezoning on the existing development and the existing environmental features is significant. Furthermore, the precedent that would be established by Borderline, L.L.C., REZ #006-98 Page 7 April 15, 1998 allowing continued disturbance of environmental features, and increases in gross density of development through the reuse of these areas and acreage, would be inappropriate. PLANNING COMMISSION SUMMARY & ACTION OF 04/01/98: It was the consensus of the Planning Commission that although there were several unfortunate circumstances surrounding this parcel by way of transfer of ownership and multiple master plans, they believed that Broadway Electric would be an excellent use for the property and would put the property to its highest and best use. They also noted that Shalom Et Benedictus, who was unaware of the restrictions of the property when they received it as a gift, would be able to benefit from the sale of the property. In addition, members of the Commission noted that approving this proposal would not change the number of residential units in Preston Place and allowing Broadway Electric to use the property was preferable to allowing it to remain vacant. It was noted that an approval of a waiver of the steep slope requirements, to permit an increase in the disturbance of steep slopes from 25% to 50%, would still be needed from the Board of Supervisors. Representatives of Shalom Et Benedictus, Broadway Electric, and the Airport Business Center were present to speak in favor of the rezoning. A representative of the Shockey Companies also spoke in support of Broadway Electric. The Planning Commission unanimously recommended approval of the rezoning with the proffers as submitted. (Note: Mr. Thomas and Mr. Miller were absent from the meeting.) 372-218 �. 88 � s V A s�B 9F JJ Je P �y \O 73 ,� ck 40 °0 R a °Oa O O 81 77 <a y 78 6 3 J e� 79 eJ ' X < � k e: eJ � •s , es /^ 12 IU `14 J, v J 7 �7 33 ,4 3 J� 5 1 33 n O IA f° ylr r , ✓ w E9 �� ^ O �Lo 10 / 7 91 45E 92 / 45C 2 ^eston e Assoc. 45D I ^ b 3 Adams Family LTD b v t ^ 45H A 4 5 G % Ar v 7 45F is Pres Pla ssoc. Adams Family LTD 1 17 45 ,7 13 is 45B 9 9 '0 / / 8 / 14 � See 41 ' o• N ' 15 ' o / r e / ,5 • 1 17 ,5 ,e Ifl 20 �j 22 23 nA 24 Is � 27 2e n so s, 32 t2 �3 Rezoning #006-98 PIN: 64—A-45F Borderline, L.L.C. (Broadway Electric Co.) This map was produced by Frederick Co. Planning & Development 3-16-98 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number O n ( ` Date Received 3- 11 - Q 9 PC Hearing Date - BOS Hearing Date 4-22 ' 2g 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: ��t ti-CaL2-c,xs ply Telephone: Address: �� S t '�1. 72'--Zc�v VA 2. Property Owner (if different than above) Name: 1' j1r-a 'Ca Telephone: S 40- l S Address: -Q • R'0% 3. Contact person if other than above Name: try i� LS Telephone: (aCoZ- s i-1 z 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of takes paid / Proffer Statement 11 • 0 5. The Code of Virgi, nia 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: 6. A) Current Use of the Property: \i per# ti-T B) Proposed Use of the Property: 7. Adjoining Property: (�;, 4 — A -CSG (9,A - ✓A - qS a t0l - A - kts to Cv`' q -4+5 USE ,2PFtU3 CZ� � �PLt� i ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection. using road names and route numbers): P�1 �(LPoYL'i Ve'A'O ,y-&XA-c3 c9- 5-. O . �YkS'1' cg F z Z 12 0 0 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 L 4 — p —'{S F Magisterial: "WNVaa Fire Service: ��,YLac3t�u5r�� Rescue Service: la (Zt3l?�•1 �D Districts High School: _ Middle School: _ Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning _7Zoning Requested Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Townhome: Non -Residential Lots: �_ Mobile Home: Office: ko �00O }% Retail: Restaurant: 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: 10,clvo } Other: • E 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 a:xompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Date:..'�� Date: Owner(s): Date: j `!�' 100, Date: 40 1 914 <ell, g 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 d �o Name '(u►� C.�CC G `- T�• }�� \ �'�' l3L Pro ert # Name p,T,>D�N S W1lL (� yt�\ Pl3t�,►4�`� Property # Name Property # Name Pro ertv # Name Pro em # Name Pro em Name Pro ertv Name Pro ertv Name Pro em 'i Name Property # ,vote pal 64 f �,1s (�sted VA&deir Shalom E+ UPme��CfuS�IhCl5 x31° VA 1,19 s6 5/a'l yaf/�-4m'l J w �► �+ Vf � J(' � �lil: ;• r, (i::,, ��a; c �Y�'l,`,,�I,j `7• �. �, 11 � 1 ( '� � R ,I ...,,M• I P 1. C -_ `` .:, _ ` I (f � !\I .•'i. SM ��AI(� TER p ...I , �• u T� .h_ I � _ �� %;' � ' ') ,�, ' � �j1J]� '11j1jJ6 �� � , r . N / .' �5' / • '`�, ; ' •�'. `� 1 �-%r I ' I Itaa ,• � � 'Q �' 1' `- tl = \ __�' ' \tea• %,�- •��� � W/ 60, } pea S 7 Nil •9 Wipch•ft•r\Mul+icipairocirt C e i Ww L�C, C ' �� • I �---- •- \. 1`< of �• �.l =� .a �`: ;1l_ •, Shenan oah c '•,�_ _ �.•., Memorial ParOP' 11 A ,;,,`• I �' .� = � ' trailer 1 • 1 _ .16N1 S I522/ 2 p_ a_r�k ; f) i � \ f l •I , ` ,c CIF C �44 1 Or )41 5 FRONT ROiAL. I $ Ml. , • n EO13GWAL SURVEY. RESTON, WIGINIA- 747 1. PAINTER-LEWIS, P.L.C. PROJECT: DATE: 12-13-97 SITE LOCATION SURVEY: NA 302 South Braddock Street. Suite 200 Winchester• Virginia 22501 A PROPOSED REZONING DRAWN- JCL ExHielr: Telephone (940)662-3792 PARCEL 64—((A))-45F SCALE: 1' a 2000' 1 Facsimile (340)682-37�r3 FREDERICK COUNTY VIRGINIA C.I.- na + J09 NO.: 9711021 GATE: 12-15-97 PAINTER-LEWIS, P.L.C. PROPERTY MAP SURVEY: M&L 302 South Braddock Street. Suits 200 A PROPOSED REZONING DRAMON: JCL EXHIBIT, Winchester. Virginia 22601 SCALE• no Telephone (340)662-5792 PARCEL 64-((A))-45F C.L. no 2 Facsimile (340)662-3793 FREDERICK COUNTY, VIRGINIA JOB NO.: 9711021 .0000, 1000, Y K \ X x x I \ % x I % x , % x x x 10, x x x x I ,(� x ` x x / x x x x \ Y x x i i j1 X\x '�� \ x Y Y % I 1 \ x x x�`1�\ \ \ x xl x x x I\ \ x x Y%% x x 71yx x Y' x z x K x ` x \ \ x x, xix # x x xlx x 41k. x x X x x X x Y x xlx �aX<�Yx XxYF'GL N\ xlX�x,x tx x ;< x x %max x\ x x \ x x X xlx x x 1� O x \ x x x x x x X x x 1 v v ^ l x x x N�1 x x x x Y `) x ,� \ �_ x xl x x x x X x x x x x \Y x x % x Y% I xxx x x x xx x x�x x x x x x x x x R Y x X 1% % \Y X� x xx x %\�[ �O\ x x Jx 4 x F x x x L4 \ }� x� x xbo x x x x/ x x N� x x x x \x x x x x Y LINE DIRECTION DISTANCE x x x\^�Y 7C' X� x X ii x .x x L1 S84.17'27'W 50.25ft L2 S5T15'02'W 54.63ft L3 S8,V17'2TW 30.15ft L4 N6T26'09'W 38.011 L5 N4E32'53•W 26.17ft L6 N16'03'59"W 130.08ft L7 N1711'01"E 90-03ft N1T1 '39"W 165.7 \ x X x r\x x x% \\\ x`x x \ ` x X x x x x x �� Y X x x x x //Lx�/' x� x x x x x x� x Y X x X� x' y�\`J�\\ x x x, \ \x�x\„ x x xxx x x x; x x/ x x x \ �` Nxxx x xx/kx STEEP SLOPES x x x x x x` Y x X x x x x x x x ' x x x x x x x x ` x x �x x x ■ ; x 1 LOT DATA x X x x x xx LOT AREA = 2.67 ACRES TOTAL AREA IN STEEP SLOPES 49,858 SF `4 AREA IN STEEP SLOPES DISTURBED 24,845 SF (50%) � AREA IN STEEP SLOPES PRESERVED = 25.013 (50%)SF EXISTING POND BUILDING AREA = 80,861 SF (1.856 ACRES) AREA IN ENVIRONMENTAL EASEMENT = 35,444 SF (0.8137 ACRES) PAINTER-LMIS, P.LC. PROJECT: SITE YAP DATE: 02-03-98 SURVEY: NA 302 South Braddock Street, Suite 200 • I,PROPOSED DRAWN: JCL EXHIBIT: Winchester, Virginia 22601 Telephone (540)662-5792 PMM U-<(A))-4N SCALE: i' = 60' C.I.: 2' 3 Facsimile (540)662-5793 '�v�) Tj VIRTU f RGYLfNVA , �IR1i�1M JOB NO.: 9711021 • 0 427 Calvary Church of the Brethren(Reconstruction-church) 430 Rosenberger Farm(Reconstruction-agriculture) 431 Russell Place(I-house) 433 Evandale School 457 House off Route 522 459 House, Route 522(Hall-Parlor) 460 House, Route 522(Craftsman) 461 Moreland's Stop & Shop Grocery(WWI-commerce) 462 Pingley House(Reconstruction-agriculture) 463 Store, Route 522 at Old Route 645(WWI-commerce) 464 Beaver House 465 Gothic Revival Cottage, Beaver Property 1187 Crosen House(WWI-agriculture) 1189 Grove -Derry House(WWI-agriculture) 1190 Calthorne-Grove House(WWI-agriculture) 1379 Fletcher House PAINTER-LEWIS, P.L.C. rrcu�c� is HISTORIC STRUCTURES DATE: SURVEY: 12-15-97 NA 302 South Braddock Street. Suite 200 A PROPOSED REZONING DRAWN: JCL EXHIBIT: Winchester, Virginia 22601 Telephone (540)662-5792 PARCEL 64—((A))-45F SCALE: C.l.: _ z000 4 Facsimile (540)662-5793 FREDERICK COUNTY, VIRGINIA NO.: no na JOB 9711021 0 0 AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on April 1, 1998 BOARD OF SUPERVISORS: Approved April 22, 1998 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP Rezoning #006-98 of Borderline, L.L.C. (Broadway Electric Company) WHEREAS, Rezoning Application #006-98 of Rezoning #006-98 of Borderline, L.L.C. (Broadway Electric Company), was submitted by Painter -Lewis, P.L.C., to rezone 2.67 acres from RP (Residential Performance) District to M1 (Industrial Light) District. This property is located on the south side of Airport Road (Route 645), 0.5 miles east of Front Royal Pike (Route 522), and is identified with Property Identification Number 64-A-45F in the Shawnee Magisterial District. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 1, 1998; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on April 22, 1998; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 2.67 acres currently zoned RP (Residential Performance) to M1 (Light Industrial) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner, and including a waiver of the steep slope disturbance to allow for the disturbance of 50% of the steep slopes as identified in the application. PDRes. #14-98 0 rIL This ordinance shall be in effect on the date of adoption. Passed this 22nd day of April, 1998 by the following recorded vote: James L. Longerbeam, Chairman Aye W. Harrington Smith, Jr. Aye Charles W. Orndoff, Sr. Aye 0:\AGENDASUtE7.ON ERE SOLUrN\BRDERLIN. RES PDRes 9014-98 Richard C. Shickle Aye Margaret B. Douglas Aye Robert M. Sager Aye A COPY ATTEST 0)x�/'xx-, Jo . liley, r. Frederick County A ministrator 0 PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 64-((A))-45F Shawnee Magisterial District Frederick County, Virginia March 19, 1998 Prepared for: Borderline, L.L.C. c/o Broadway Electric Company P. O. Box 306 Broadway, Virginia 22815 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street - Suite 200 Winchester, VA 22601 TeL (540)-662-5792 Job Number: 9711021 PROFFER STATEMENT PARCEL ID 64-((A)-45F INTRODUCTION The subject property consists of 2.67 acres and is located on Route 645, Airport Road, approximately 0.50 miles east of US Route 522. The property consists of a single parcel which is zoned RP. Exhibit 1 shows the location of the property. The property was originally a part of the Preston Place Apartments development land. After development of the first phase of the apartments, the property was conveyed to Shalom et Benedictus, the current owner. The property is not suitable for residential development. The property owner desires to rezone the entire 2.67 acres to M1, Light Industrial District. 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 2.67 acres on Parcel 64-((A))-45F from RP to M1, development of this particular 2.67 acres will be in conformity with the terms and conditions set forth in this document. These terms and conditions may be subsequently amended or revised by the owner of the property with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1. The property owner hereby agrees to restrict disturbance of an area containing 0.8137 acres on Parcel 64-((A))-45F to utility installation and the construction of storm water controls as required to facilitate development. This area is to be referred to as an environmental easement and is defined by metes and bounds as shown on the attached Exhibit 1. Monetary Contribution to Frederick County Service Organizations The owner will pay or will cause to be paid to the Treasurer of Frederick County the sum of $3,148.30 for impacts to fire and rescue services. This sum will be paid upon receipt of a building permit for the proposed use structure. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grants 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. PROFFER STATEMENT • PARCEL ID 64-((A)-45F Submitted By: Shalom et Benedictus Z c Miketoster Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this day of �,��� by Mr. Mike Foster for Shalom et benedictus. My commission expires on C?C- 7 20c'� �� rn Notary Public .011 / x x1 xx x R w II \ \ xIx x R \ / / •� / I 1 % 2 -A. x K \ \ % x x x I I I x x x \ z x x x z x IN X / \ x x Y L z x x l x� Y x x x x ,� \ x I "z T x� z x I Yxx. I I Y \x x x x x x �x N x x xx xT. x� x V x` x 1f I I h% x x �\x x x r. xx r x x x x x x % �vt % X% x x X q x x% %% x l/ \ \ �( \ %�x X x I X % x / 015 R Y x % X� x x x x ��\ \ % x x i x x x x jj% x x N Y x x k x x x ' R x x xx x x II � x X R �> �BO�? x x x x x x x i x x x J\�� x x x % r �t Y 1 x z x x i % Y R x x �x 4 x �� x. % x i � \ x (� � % % % x IIx x X Y 1 x x 1 r`\ x x11/ x f� Y x Y O 1 %', x x x �` LINE DIRECTDISTANCE x x x �xx x \xN'x x x% x x x x x ION \ 1 La S84'17'22•W 50.25ft L2 55615'07'W 54.63ft L3 SBf I7'2ZW 30.15ft L4 NST26'OTW 38.O1ft L5 N4632'5TW 26.17ft LB N1603'59"W 130.08ft L7 NIT11'01'E 90.O3ft LLA 1 '3 x x\ 11 \x � x\ Jf` / x K x x x % \\�% x if %\ k x w\ x Y x x x Y x x x x v x x xxx \ x\ x\ ` � \ Y X x x\x �t � x x x x x , xi X x x w x \ X\K x Nx x x x �J STEP SLOPES x x x x ! x x x x\Y X x x X x x x1l .11x x X 4� A x x x x j� Q x x x x x •JE" LOT DATA x x x x LOT AREA = 2.67 ACRES TOTAL AREA IN STEEP SLOPES 49,858 SF L5 AREA IN STEEP SLOPES DISTURBED = 24,845 SF (50%) AREA IN STEEP SLOPES PRESERVED = 25,013 (50%)SF EXISTING POND BUILDING AREA = 80,861 SF (1.856 ACRES) AREA IN ENVIRONMENTAL EASEMENT = 35,444 SF (0.8137 ACRES) P OJECT: DATE 02-03-98 PAINTER-LEWIS, P.L.C. PROFFER EXIT SURVEY: NA 302 South Braddock Street, Suite 200 • � DRAWN: JCL EXHIBIT. Winchester, Vlrginlo 22601 A PROPOSED pRRiEZO SCALE 1' a 60' Telephone (540)662-5792 PARCEL . 4F C.I.• 2' i Facsimile (540)662-5793 FREDERM VIRGM ,HOB NO.: 9711021 • eEcrfu�� r Rezoning Comments FEB 10 19(1,9 Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 Hand deliver to: a"; % l�:./Af_ Virginia Department of Transportatiori''• ! Attn: Resident Engineer r 1550 Commerce Street FEB 1 1 1998 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name. JaL dfZ-l�wtS; Telephone: S}(> 2- Mailing Address: Z S "IV (oGIe— SIT c, rre zoo 1,�.91 l`1C�L'c31��1��4 Z2�1 Location of property: V-C-IXIV5 %45 k—A V-41�2'r PL�14p d • S `��T co'F 7-2 Current zoning: VIP Zoning requested: H ( Acreage: -Z, �a'7 Virginia Department of Transportation Comments: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Fifth Edtrton for review. Any work perfornied way must be covered under a land use permit. This i n;pQct i An fee and surety bond ff on State LigtltS-Uf- permit is issued by this coverage _ e e and requi�os^fin VDOT Signature & Date: i - 02/11/98 Notice to VDOT - Please Return Form to Applicant ►:,23 J 20 0 0 COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No. RZ98-0004 Date Received 2/10/98 Date Reviewed 3/10/98 Applicant Painter -Lewis PLC Address 302 S. Braddock St. Suite 200 Winchester, Virginia 22601 Project Name Borderline, L.L.C. Phone No.540-662-5792 Type of Application Re -Zoning Current Zoning RP 1st Due Fire Co. 18 1st Due Rescue Co. 18 Election DistrictShawnee Tax I.D. No. 64-A-45F RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystenKX Other REQUIREMENTS Emergency Vehicle Access Adequate Inadequate Not IdentifiedXX Fire Lanes Required Yes No Comments Roadway/Aisleway Widths Adequate Inadequate Not IdentifiedXX Special Hazards Noted Yes No XX Comments Hydrant Locations Adequate Inadequate Not IdentifiedXX Siamese Location Adequate Inadequate Not Identified XX Additional Comments Attached? Yes XX No Plan Approval Recommended? Yes XX No Signature Title`< ..1 S1G i Rezoning Comments Fire and Rescue Company Name f Fire & Rgscueany: GvtnA �r4`( C� C�13�ll.t�D � �� l,. • � Y2� �. WtniC ST�1Z, !A -Z Z&V4 . t1 Applicant: Please fill out the information as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: (k4u�s (x,L Telephone: 157go (Q'PZ 'p( 2 Mailing Address: G . ;3 r2-AV aoc,�-- 51 ��—I A I"Ce 7-00 W �N.G�.l S-[�tQ , V tL zzLavl Location of property: 117 IX-C6 CAS It L94OWT Wl.114W:�> yl/kSf c , F Q�t,l'ri�s'ZZ Current zoning: Q Zoning requested Fire and Rescue Company's Comments: mt Acreage: Z,Co% T i/i ✓ 11� �� ai z1 -c7Q Signature &Date: ����� � Notice to Fire & Rescue Company - Please Return This Form to the Applicant 32 c 0 • Rezoning Comments •:•iXi'Sti4:Jii.......................n;'.:.i:::�::�:v:+i:i:;•:ii.k:iiX:_i'.�::::::::.�:::::,;v::::::::::::::::::.�, �:.�:::::: L4ii:.: ".i ': •:v:....,, .: •.�.•...{••: •: •.: '4;v ;.,..:: �:i:�i . n...:.::::::::::..�:.::.:#:...•::.^.�....>.,:::c;:�::«`.;:.::.:n:<cY:>:::;•:R�:i;::i:::>:�;�::;::::::;'•:::':i;:;�;:�::::::::;:<:<::%::>:...#r:�.::..i,�;::`�:�6A23:�#s........:?�::::.::t Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name:�-�S Vi.L Telephone: Mailing Address: Gj , '�> R-AD DCxV-- S"T tTc3 zey Wti1C ,�j14 Z�_- [.,o I Location of property: (9qS- . LOS LZPsT O P ` tOux-tB tZZ Current zoning: 21 7 Zoning requested: Acreage:Zt, % -1 Sanitation Authority Comments: Sanitation Authority Signature & Date: A734b Notice to Sanitatio uthority - Please Return This Form to the An' lie*' . 25 �D UP 11 IE 11 IE J AwIH P U 1 019W RezoningComments Frederick County Department of Public Works Mail to. Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540)665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name:'o�tl i`(WP-,'L",PLt-x5, [L.-. Telephone: ! L-140-%!O?-75]Clz Mailing Address: '2207- �j. jtzP�'71XXI-- S'T G�1�1 7s� Location of property: VAA- 15 (oq S %tow g'c POA4). S �1 O!, 2 ' Current zoning: Zoning requested:_ Acreage: Z�%7 Department of Public Work's Comments: c t - �e L -C-x kS�) M s r sk 0 - Public Works Signature & Date: Notice to Dept. of Public Wor 2 11 - Please Return This Form to the Applica t 21 0 • Rezoning Comments Frederick County Commonwealth's Attorney Mail to: County Commonwealth's Attorney Winchester -Frederick Co. Judicial Center 5 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to: County Commonwealth's Attorney Winchester -Frederick Co. Judicial Center 5 North Kent Street, 2nd Floor Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Commonwealth's Attorney's Office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name&LA-5 ��• �, . G. Telephone:r,�-�D- Mailing Address:`�"r Location of property: 26v-[e CeAS l\-."y 2- Pep WT �21yo_p r �� • G I` < <lx'S 97P� -� o'er e SZ2 Current zoning: T=IP Zoning requested: M, ( Acreage: Z_ Cy C49ul/Ty 's Attorney's Comments: p / c C'at's Attorneys Signature & Date: Notice to Commonwealth's Attorney - Please Return This Form to the Applic 18 0 • Rezoning Comments Historic Resources Advisory Board Mail to: Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development Co. Administration Building, 4th Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Historic Resources Advisory Board with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name:-P&tATw l&A-xS� Telephone: 9-10 6067Z S?el Z Location of property:_�'(� ���. �l'�-l�l'Z"�°•�. d•s Current zoning: Zoning requested: Acreage: Z'(�-j Advisory Board Comments: O S S �. l S �om c ra SAw�cc S } o 644 . r` b �J 0,1 Q oQ Signature &Date: a/la Notice to Advisory Board - Please Ret '6'd&i4y'1Xpplicant 19 • Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport t, Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Winchester Regional Airport with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name:?/art t c-rez- LckkAI6 V�Z Telephone: S440 (a&Z 45rM Mailing Address:Z �• �(Z�rf7t�G G✓'r TO Location of property: "Cg (9lle, ps��PO fL"[� r�� ©• s N`tCoS t;;�Asy ev-- �ZZ Current zoning: � Zoning requested: Acreage: 7-&(97 Winchester Regional Airport's Comments: ���e�fi Sim is lo�n�r�� �rrN, � -ryie l�u�s2oNT71� Zo,v� v� 7'� Alrerr G)g5- icr • 7-1* Parxl AHArmi Adommuruxyr7o Tpaw-r ndmrmi. of Ai- Acm 9VKUArneN �F &r T 7Y6? ForG'aNsrrac��mN /p of .S p� ! Q� •uY� t r rsyw�i�nrl4 o �,►nt QPa�►�.r �4r� fj jVj nrC ftCorpen n J7 Out/ AIOW & S/-m 1316"/w Tk A D,,j:rie r a A rk✓e- e tC- Winchester Regional rt's (r 6-1 Signature & Date: 3 ^ Notice to Winchester Regional Airport - Please Return Form to Applicant 30- .. . j FEB 1 • 1 1 f , . 04 l�-."ter 1�1 �.(• _/ 1 �1 �'4 1 .1� 1 \, � .• � C. �. rl I v •. A � per_ � N � � ;•. �� 1 CAI 1 ,, ., _ ,��•J � ; ,\.,.,.�,,�'•., '� •. . c\ �, �� f � , � � � �c i of � � �— .' • ,:-J r, Z �r''' � • �— I l •��. ��/ � � \ " 1 �, -�� %:w , M,• � i + •ter• � %'• V- t - � i � i � �1 11 ' • 1, � ,� .�_� � ✓ ill y'�,\. 1 loft— cil IV IF M �I r o'er • n i u _ . • .. .� .. .�L� I Loft— , _,_ -t. - �,, •� -yam a3�" ;,,,, . � `� f = � � � •+ J.t �.� � ,r .-, �y � .,-ter ► ' •• 11 ,. b _ l ��" 1 � • "fir'—i--- �; :J f '�. ' / ;- _ , " : � _ 1 r°�! • 9 Please consider the following comments when reviewing this Request for Master Development Plan: The Developer should be familiar with and be required to comply with the provisions of the Frederick County Airport Zoning District (AP-1) and Airport Support Area (ASA) described in the Frederick County Comprehensive Policy Plan. The developer should also be familiar with the provisions and requirements of the following codes: Title 15.1;_Code of Virginia, Section 489 (Purpose of Zoning Ordinances) and Section 491.02 (Airport Safety Zoning). Title 5.1-25.1 Code of Virginia (Permits Required for Erection of Certain structures.) The owner must be made aware that the Airport will continue to be developed. This will certainly result in increased opera- tional activity by all types of aircraft on a 24-hour basis. To overcome additional noise frequency and sound levels, we strongly recommend that sound proofing be a major consideration when remodeling or expanding existing residential and commercial properties located within or adjacent to the Airport Support Area. The Airport Support Area is defined in the current edition of the Frederick County Comprehensive Plan. Questions concerning noise levels should be directed to the Executive Director, Winchester Regional Airport Authority. 0 § 165-97 ZONING § 165-98 (2) Approach Zone. A zone that extends away from both ends of the runway along the extended runway center line, with the floor set by the approach surface. (3) Conical Zone. A zone that circles around the periphery of and outward from the horizontal surface, with the floor set by the conical surface. (4) Horizontal Zone. A zone established as the area within the conical zone, with its center at the airport reference point and having a radius of seven thousand (7,000) feet. (5) Transitional Zone. A zone that fans perpendicularly from the runway center line and approach surfaces, with the floor set by the transitional surface. B. The source of the specific geometric standards for these zones are to be found in Part 77.25, Subchapter E, Airspace, of Title 14 of the Code of Federal Regulations or in successor Federal Regulations. § 165-98. Height limitations. Except as otherwise provided in this district, no structure shall be erected, altered or maintained and no vegetation shall be allowed to grow in any zone created by this chapter to a height in excess of the height limit established for each zone. Where an area is covered by more than one (1) height limitation, the more restrictive limitations shall prevail. Such height limitations are hereby established for each of the zones in question as follows: A. Approach Zone: one (1) foot in height for each fifty (50) feet in horizontal distance beginning at a point two hundred (200) feet from and at the center -line elevation of the end of the runway and extending to a distance of ten thousand two hundred (10,200) feet from the end of the runway; thence one (1) foot in height for each forty (40) feet in horizontal distance to a point fifty thousand two hundred (50,200) feet from the end of the runway. B. Conical Zone: one (1) foot in height for each twenty (20) feet of horizontal distance, beginning at the periphery of the horizontal zone. extending to a height of one thousand one hundred twenty-two and five -tenths (1,122.5) feet above the airport elevation. 16629 § 165-98 FREDERICK COUNTY CODE § 165-99 C. Horizontal Zone: one hundred fifty (150) feet above the airport elevation or a height of eight hundred seventy (870) feet above mean sea level. D. Transitional Zone: one (1) foot in height for each seven (7) feet in horizontal distance, extending two hundred (200) feet beyond each end of the center line of the runway, extending to a height of one hundred fifty (150) feet above the airport elevation, which is seven hundred twenty (720) feet above mean sea level. In addition to the foregoing, there are established height limits of one (1) foot vertical height for each seven (7) feet of horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces. Further, where the approach zone projects through and beyond the conical zone, a height limit of one (1) foot for each seven (7) feet of horizontal distance shall be maintained beginning at the edge of the approach zone and extending a distance of five thousand (5,000) feet from the edge of the approach zone measured normal to the center line of the runway extended. § 165-99. Use restrictions. No permit shall be granted that would allow the establishment or creation of an airport hazard or a hazard to air navigation. Any permit granted in the airport zones may be conditioned to require the owner of the structure in question to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the FAA, the Virginia Department of Aviation or the Zoning Administrator. Notwithstanding any other provisions of this district and within the area below the horizontal limits of any zone established by this Article, no use may be made of land or water within any zone established by this chapter in such a manner as to: A_ Create electrical interference with navigational signals or radio communication between the airport and aircraft; B. Diminish the ability of pilots to distinguish between airport lights and other lights; C. Result in glare in the eyes of pilots using the airport; D. Impair visibility in the vicinity of the airport: E. Create the potential for bird strike hazards; or 16630 § 165-99 ZONING § 165-101 F. Otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the airport. § 165-100. Noise. A. Noise abatement. The Executive Director of the Winchester Regional Airport Authority shall provide the county with a noise abatement plan that will be shown on a day -night average sound level (LDN) map. This map will provide the county with all land that is encompassed within zones of sixty-five (65) LDN and above. It shall be the responsibility of the Planning Department to keep and maintain these LDN maps, as well as review all requests for development that fall within the LDN zones to determine the noise impacts on said development. B. Noise easements. It shall be the responsibility of the developer to provide a noise easement for any development that occurs within the noise abatement zones specified on the day -night average sound level (LDN) map. This noise easement shall hold harmless the Winchester Regional Airport from any lawsuit regarding noise pollution for any development that occurs within the specified LDN map zones described above. This noise easement shall be required for said development after the effective date of this chapter. § 165-101. Nonconforming uses. A. Notwithstanding the provisions for nonconforming uses as established by this chapter, the owner of any existing nonconforming structure or vegetation is hereby required to permit the installation, operation and maintenance of markers and lights as deemed necessary by the FAA, the Virginia Department of Aviation, the Executive Director of the Winchester Regional Airport Authority or the Zoning Administrator to indicate to operators of aircraft the presence of that airport obstruction. These markers and lights shall be installed, operated and maintained at the expense of the airport owners and not the owner of the nonconforming structure or vegetation in question. B. No permit shall be granted that would allow a nonconforming use, structure or vegetation to be made or become higher or to become a greater hazard to air navigation than it was on the effective date of this 16631 § 165-101 FREDERICK COUNTY CODE § 165-102 chapter or any amendments thereto or than it is when the application for a permit is made. C. Whenever the Zoning Administrator determines that a nonconforming structure or vegetation has been abandoned or more than fifty percent (50%) torn down, physically deteriorated or decayed, no permit shall be granted that would allow such structure or vegetation to exceed the ap- plicable height limit or otherwise deviate from the airport district regulations contained in this Article. § 165-102 Appeals. A Prior to being considered by the Board of Zoning Appeals, the application for a variance from the requirements of the Airport District shall be accompanied by a determination from the Virginia Department of Aviation as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Such variances shall only be allowed where it is duly found that a literal application or enforcement of the regulations will result in unnecessary hardship and relief granted will not be contrary to the public interest, will not create a hazard to air navigation, will do substantial justice and will be in accordance to the spirit of this chapter. Additionally, no application for a variance to the requirements of this chapter may be considered by the Board of Zoning Appeals unless a copy of the application has been furnished to the Executive Director of the Winchester Regional Airport Authority for advice as to the aeronautical effects of the variance. B. Any variance granted may be conditioned to require the owner of the structure in question to install, operate and maintain, at the owner's expense, such markings and lights as may be deemed necessary by the FAA, the Virginia Department of Aviation or the Zoning Administrator. If deemed proper with reasonable cause by the Board of Zoning Appeals, this condition may be modified to require the owner of the structure in question to permit the airport m, - .►, at the airport owner's expense, to install, operate and maintain the necessary markings and lights. 16632 IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL ID - 64-((A))-45F Shawnee Magisterial District Frederick County, Virginia February 5, 1998 Prepared for: Borderline, L.L.C. c/o Broadway Electric Company P. O. Box 306 Broadway, Virginia 22815 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 TeL (540)-662-5792 Job Number: 9711021 IMPACT ANALYSIS STATEI ' T PARCEL ID: 64-((A))-45F IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section Qa$ze i. INTRODUCTION I A. SITE SUITABILITY I B. SURROUNDING PROPERTIES 2 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 1. COMMUNITY FACILITIES 5 J. OTHER IMPACTS 5 APPENDIX 6 IMPACT ANALYSIS STATE*T • PARCEL ID: 64-((A))-45F L INTRODUCTION The subject property consists of 2.67 acres and is located on Route 645, Airport Road, approximately 0.50 miles east of US Route 522. The property consists of a single parcel which is zoned RP. Exhibit I shows the location of the property. The property was originally a part of the Preston Place Apartments development land. After development of the first phase of the apartments, the property was conveyed to Shalom et Benedictus, the current owner. The property is not suitable for residential development. Borderline, L.L.C. desires to rezone the entire 2.67 acres to M1, Light Industrial District. According to the 1997 Frederick County Comprehensive Policy Plan, the property is within the Urban Development Area. The property also lies adjacent to the Airport Business Center. The property is located between the Winchester Regional Airport and Route 522. The proximity of the property to Route 522, Route 50, Interstate Route 81 and the airport makes it highly desirable for commercial development. The intended purpose for the rezoning of the subject parcel is to allow the construction of central services facilities for Broadway Electric Company. As part of this rezoning request, the Borderline, LLC requests a waiver from the requirements of Section 165-31-13.6 of the Frederick County Zoning Ordinance. The applicant requests that the amount of allowable steep slope disturbance be increased from 25% to 50%. The disturbance of up to 50 % of the steep slopes on the site is necessary to allow the construction of the proposed central services facility. As stated in the Zoning Ordinance, the Board of Supervisers may allow the disturbance of larger areas of steep slopes in industrial parks. The subject property is part of the original Airport Business Center Park. A. SITE SUITABILITY In many respects, the site is well suited for development. The property has over 400 feet of frontage on Airport Road for access. Public water, cable television and telephone lines are in place parallel to the Airport Road right-of-way along the property frontage. Public sewer is available on the parcel directly to the west. The site is well drained. The site will require the regrading of the on site soils to create a suitable area for the construction of a building and parking area. This regrading will necessarily involve the disturbance of existing steep slopes. Steep slopes are defined by Frederick County code as those areas with slopes of 15% or greater. The steep slopes on this property were identified in a Master Development Plan approved for the Preston Place Apartments. On the Master Development Plan, there was no specific area attributed to the preservation of steep slopes on the subject property. The Frederick County Code requires that a maximum of 25% of steep slopes be disturbed on any property to be developed. It can be inferred from the Master Development Plan for Preston Place Apartments that all of the steep slopes area on the subject property must be preserved in order for this requirement to be satisfied for the apartment development. However, since no specific delineation, that is by metes and bounds, of the steep slopes was provided on the Master Developoment Plan, the Frederick page 1 Il\/Il'ACT ANALYSIS STATEN'T PARCEL ID: 64-((A))-45F 0 County staff has determined that the subject property can stand on its own when determining the allowable disturbance of steep slopes area. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 01158 shows the parcel is not within designated areas of the 100 year flood. WETLANDS No wetlands have been identified on the site. There is no evidence of hydric soils or plants in significant quantity to warrant delineation of wetlands. STEEP SLOPES The property generally slopes to the south. Slopes range from 1.0% to approximately 25%. An area of approximately 1/2 acre lies adjacent to Route 645 which could be considered buildable area without regrading. From this buildable area, the site pitches off in three directions at slopes which for the most part exceed 15%. The total area in steep slopes on the property is 49,858 square feet, or approximately 42.87% of the site. In order to accommodate the proposed use, Borderline, LLC will need to regrade or otherwise disturb approximately 24,845 square feet of the steep slopes area. This amounts to approximately 50% steep slope disturbance. The remaining area of steep slopes to remain undisturbed will be placed in an environmental easement. Please see Exhibit 3. In order to ensure that the amount of steep slope disturbance does not exceed 50%, Borderline, LLC will proffer the establishment of an environmental easement over approximately 30% of the 2.67 acre site. Disturbance within this easement will be restricted to utility installation and the construction of storm water controls as required to facilitate development. This easement will be defined by metes and bounds and will become a matter of public record as part of site planning documents normally required by the Frederick County Zoning Ordinance. MATURE WOODLANDS The site is generally without mature woodlands. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Weikert-Berks channery silt loam, 15-25%, (41D). These soils are part of the Weikert-Berks-Blairton Association which are generally shallow to moderately deep and formed from weathered shale or sandstone. The Unified soil classifications are GM, ML, and CL. Soft bedrock can be expected at relatively shallow depths less than 60 inches below the ground surface. There are no critical areas on the site. B. SURROUNDING PROPERTIES The site to be rezoned is bordered on the north by the Route 645 right-of-way. Across the right-of-way are two parcels. See Exhibit 2. Parcel 45H is owned by Preston Place Associates, LP, zoned RP, and is used for residential purposes. Parcel 45C is owned by Stafford Holding Company, zoned RP, and is used for residential purposes. To the west and south is Parcel 45B page 2 IMPACT ANALYSIS STATEJONT PARCEL ID: 64-((A))-45F which is owned by Preston Place Assocaites, LP, Zoned RP, and is used for residential purposes. To the east and south is Parcel 45 which is owned by Adams Family LTD Partnership, zoned Ml, and is currently vacant. The adjoining property owner information is listed below. Parcel ID # 64-((A))-45C Stafford Holding Company 601 South Belvidere Street Richmond, VA 23220 Parcel ID # 64-((A))-45B Preston Place Associates, LP 601 South Belvidere Street Richmond, VA 23220 Parcel ID # 64-((A))-45H Preston Place Associates, LP 601 South Belvidere Street Richmond, VA 23220 Parcel ID # 64-((A))-45 Adams Family LTD Partnership 401 Pegasus Court Winchester, VA 22602 The subject property is located between high density housing and land intended for light industrial use. The intended use for the property is compatible with the general character of the airport area. Recent developments in the Airport Business Park include the Kohl's distribution facility and office space in the Pegasus Business Center. The area is generally identified in the Comprehensive Plan for commercial growth. The adjacent high density residential properties have been designed to minimize visual and audible impacts from future development in the existing MI zoning. Existing apartment buildings are oriented facing away from the adjacent M1 zoning. The nearest apartment building to the subject property is approximately 100' from the commom property line. Impacts resulting from commercial development of the property will be mitigated by the application of a landscaping and screening buffer to be located between residential land zoned RP and the proposed commercial development. The Frederick County Zoning Ordinance requires a caregory C distance buffer with a minimum width of 100 feet plus the installation of opaque screening to reduce visual impacts upon residential property. The site is approximately 1/2 mile from the intersection of Route 522 and Route 645. The 1997 Comprehensive Plan classifies Route 522 as a major arterial road. In addition, the Eastern Road Plan shows a possible connection between the Winchester City limits and Route 645. Route 645 at the site is a two lane road. Traffic data from the Virginia Department of Transportation for a 1993 count records 1,494 trips per day on Route 645 at the site. In the event that the above mentioned connection is constructed and as the airport area continues to build out, improvements will be necessary to Route 645 along the frontage of the subject property. Improvements to Route 645 at the property will be addressed by VDOT during the design stage of the site. Traffic impacts as a result of commercial development of this property can be estimated by assuming the most intensive usage of the site. In this case, the most intensive usage is the establishment of office space on the property. With the establishment of the environmental IMPACT ANALYSIS STATEJ&NT PARCEL ID: 64-((A))-45F easement as described in Section A, the buildable area of the site will consist of 1.85 acres. Applying a formula used by the Frederick County Planning Staff, the maximum amount of office space is 24,750 square feet of general office space per acre of M1 zoning. Therefo"Svehicle trips will be calculated based upon 45,787 square feet of office space. Vehicle trips are estimated using the ITE Trip Generation Manual, Fifth Edition for the category of "General Office Building". Traffic impacts can be based on the area of potential office space. For the purposes of this report, trip ends will be estimated from the ITE Manual as follows: Average Vehicle Trip Ends -Weekday: 16.58 x 45.8 = 759 Average Vehicle Trip Ends-A.M. Peak Hour: 2.22 x 45.8 = 102 Average Vehicle Trip Ends -P.M. Peak Hour: 2.24 x 45.8 = 103 The generation of 759 trips per day from 45,787 square feet of office would have a moderate impact on traffic movement on Route 522. The developer of such a project would have to provide improvements to the road infrastructure as required by the Virginia Department of Transportation. Improvements could include the construction of turn lanes and perhaps the participation in the signalization of adjacent intersections. These issues would have to be addressed during the site planning process. D. SEWAGE CONVEYANCE AND TREATMENT There are currently public sewerage facilities available to serve the site. An 8" diameter sanitary sewer line runs in an easement on the Preston Place Apartments development on the west side of the site. Sewage flows from general office space may amount to 15-35 gallons per day per employee. Office space of 45,787 square feet would support approximately 200 employees. The projected flow generated from 200 employees 4,000 gpd or less than 0.01 cfs. Sewage from the site would be conveyed to the Opequon Water Reclamation Facilty for treatment. E. WATER SUPPLY There are currently public water facilities available to serve the site. The Frederick County Sanitation Authority has a 12" diameter water main running parallel with the southern right-of-way of Route 645 along the property frontage. F. DRAINAGE The site is an isolated high point with respect to the surrounding area. Natural swales exist on both the west and east sides of the site which carry runoff away from Route 645. The pond discharges water that eventually flows to Buffalo Lick Run. There are no permanent or intermittent streams on or near the site. An increase in storm water runoff can be expected with any development on the parcel. Storm water management will be provided in accordance with the Frederick County Code, Chapter 165. It is anticipated that the existing pond will serve as adequate detention for the site. page 4 IMPACT ANALYSIS STATEWT PARCEL ID: 64-((A))-45F 0 G. SOLID WASTE DISPOSAL FACILITIES The nearest solid waste transfer facility is located at the Frederick County Landfill approximately 3 miles to the northeast on Sulphur Spring Road. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by an office development can be estimated based at 50 pounds per day for the entire site. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal needs can be estimated by: cost = cost per ton of ivaste x tonnage $547. 50 = $60. 00 x (50 lbs) x (112000 Ibs/ton) x 365 days/year H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest recognized battlefield associated with the Civil War would be the Second Battle of Kernstown located approximately one mile due west of the site. The Rural Landmarks Survey Report lists several architecturally or historically significant sites and structures within approximately one mile of the site. Please refer to Exhibit 4. I. COMMUNITY FACILITIES ED UCA TION No impacts to education facilities are anticipated. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Greenwood Fire and Rescue Company No. 18 located approximately 4.0 miles to the northeast on Senseny Road. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for emergency service facilities attributable to this development is $572.00. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $0.00. J. OTHER IMPACTS Interviews with county staff indicate that no additional impacts are required to be addressed. page 5 IMPACT ANALYSIS STATEIu*NT PARCEL ID: 64-((A))-45F IMPACT ANALYSIS STATEMENT APPENDIX item EXHIBIT 1 SITE LOCATION I EXHIBIT 2 PROPERTY MAP 2 EXHIBIT 3 SITE MAP 3 EXHIBIT 4 HISTORIC STRUCTURES 4 EXHIBIT 5 FISCAL IMPACT MODEL 5 EXHIBIT 6 CURRENT TAX STATEMENT 6 EXHIBIT 7 PROFFER STATEMENT 7 EXHIBIT 8 PROPERTY DEED g page 6 ----------------------------------- OUTPUT MODULE -----------------------------� Net --------------- Credit fo Fiscal Taxes to Capital Impact Capital Net Q= Credit C= impact Fire Department S73 $517 $54 Rescue Department $499 Elementary Schools $0 Middle Schools SO $73,653 $0 High Schools $0 Parks and Recreation U S4.378 ID TOTAL $571 $1,060,935 $78,548 SO FIRE AND RESCUE ADDENDUM -------------------------------------- New Capital Costs Not Covered by County Contributions ------------------- NOTES: Model Run Date 12/16/97 EAW P.I.N. 64-A-45F Rezoning: 2.67 acres assuming: 66,083 sq.ft. office on 2.67 acres of M1 $3,148.30 Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 0 0vt',i L,,41,\ -VAI AA 4) Pace'. I cf-> cf� Lxt. V-,ry co,j,�- O,y ve 6k,G,lel ri - 30 \,4 DKa50PU"1779 THIS DEED Or OIlT (exempt from recordation tax pursuant i to Virginia Code Section 58.1-811.D.), made and entered into \Q this ��iZH day of December, 1995, by and between STArrORD % HOLDIMO COMPANY, a Virginia corporation, Grantor; and 0 ET HEMEDICTUS. INC., a Virginia corporation, Grantee. N I T N E 8 8 E T H i That for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is 8 hereby acknowledged, the Grantor does hereby grant and convey M with SPECIAL WARRANTY unto the said Grantee, SHALOM ET n SEMEDICTUS, INC., a Virginia corporation, in fee simple, the w g following described real estate, to -wits N ' All that certain tract or parcel of land, with all improvements thereon and all appurtenances thereto, # situate, lying and being in Frederick County, Virginia, and being 2.672 acres shown as "Pnrcel 2" on Plat of Survey by P. Duane Brown, C.L.S., dated September 1, 1992, and recorded in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 787, at Page 1339. Being a portion of the same property conveyed unto Stafford Holding Company, a Virginia corporation, by Deed S of Silver Development Co., a Virginia corporation, dated N June 9, 1994, and recorded in the aforesaid Clerk's $ Office in Deed Book 822, at Page 1009. This conveyance is made subject to taxes and assessments not yet due and payable, and all easements, conditions, restrictions, agreements, and other matters of record, all highways and rights of way, and all matters that would be disclosed by an accurate survey and inspection of the premises. i oKoSar�iieo • This conveyance is subject to the following restrictions which ©hall be deemed covenants running with the land for a period of fifty (50) years from the data hereof: A. For five (5) years from the date hereof, the property shall be used, if at all, only as an office and residential/.treatment facility for the Grantee, and all purposes incidental thereto. Thereafter, no use other titan office, educational, residential, or residential/treatment facility shall be made of the property except upon the approval of the Grantor. B. No structure shall be erected upon the property until the Grantor shall have approved the architectural style of the structure. WITNESS the following signature and seal: STAFFORD H4corp Y a Virginii (SEAL) E ward 0. Jr., Pres ent STATR OF VIRGINIA City of Fredericksburg, to -wit: ,hp� The foregoing instrument was acknowledged before me this day of December, 1995, by Edward 0. Hinniear, Jr., as President of Stafford Ho g Company, a Vir inia corporation. My commission expires: (SEAL) 4- 30 9 2 No-Filry P c shaladed.doc wa0ttak- FFOAWCK OoUtr"' 90T. Me on IM Title 10Mn ffie"�..�p,1f "1116's We* ferodye d ^ O� Mhd ar,ij �� �!M,It'.ala et a�R^ev lodgment tn�ral 1lMrl ro rooad• Tax Vyoead by "M 86.1402 of and 58.1 �01 ►a�n ava hpaid, �waabla. i � t fork , ,4 r COUNTY of FREDERICKO Office of Treasurer P.O. Box 225 Winchester, Virginia 22604-0225 540/665-5607 FAX 540/662-5838 C. William Orndoff, Jr., CGT County Treasurer February 5, 1998 Mr. John Lewis Painter -Lewis 302 S. Braddock St. Winchester, VA 22601 Dear Mr. Lewis, Judith K. Malone Deputy Treasurer R. Wayne Corbett, CGDT Deputy Treasurer for Compliance According to our records, on property ID## 64-A-45F, the taxes for 1997 and prior years are paid. If you have any questions regarding this matter, please contact our office. Thank you, Lisa M. Reifinger Collections Assistant 107 NORTH KENT STREET • WINCHESTER, VIRGINIA 22601 Vow, 1P 7711h ko THE ADAMS COMPANIES Adams -Nelson & Associates, Inc. Adams -Legge Development Group, Inc. Adams -Nelson Property Management, Inc. March 23, 1998 Mr. Michael T. Ruddy, Planner II County of Frederick Department of Planning and Development 107 North Kent Street Winchester, VA 22601-5000 Dear Michael: Thank you for the Notice of Rezoning Application #006-98 of Borderline, L.L.C. (Broadway Electric Company). I am writing as Vice President of Adams -Legge Development Group, developer for the Airport Business Center, and the Adams Family Limited Partnership, owner of the adjoining land. As you are aware, our property borders the applicants property to the south and to the east. I am writing to indicate our support of the application. As you are aware, the property was originally zoned RP but can no longer be used for residential purposes. All of our property adjoining the applicants property is zoned M-1. We feel that a rezoning to M-1 would be appropriate. I will make every effort to be at the April 1, 1998 meeting of the Planning Commission as well as the April 22, 1998 meeting of the Board of Supervisors. If, however, I can not make it, I would appreciate your reading this letter to voice our support for the application. Sincerely, Kevin D. Adams '" Executive Vice President cc: Members - Frederick County Planning Commission Frederick County Board of Supervisors John Lewis, Engineer for Applicant Gerald Smith, Managing Member, Borderline, L.L.C. KDA:sab c:wi nact2\Itrs\rotn320. wpd �N u Fri L0 -� Pegasus Business Center • 401 Pegasus Court • Winchester, VA 22602 • Voice (540) 667-2424 • Facsimile (540) 667-2441 • E-mail adamscos@mnsinc.com FRI, MHR-20-98 8:16PM ENVO 8976612" 0 P. 01 Bardefline LLC Rt. 1, Box 9 2 Raker, WV 26S01 tax Cover 2hent tax #204--1097-6612 If your have any problems receiving all page, please call 304--1?97-7V00 immediately. _�endithg to: NAME: JO u 0 Lt� IS LOCATION: t �, ��-�� -Lam► S �02_ a r c tcyc.k Sf &4j e Z00 U)1Y\6u Sje_Y , VA 'Z2-4001 PAX #: _L-Yrb --- - E 7g 3 IrROM: 0 At_D W , Srrs ITK TOTAL PAGE : I including cover sheet DATE: a� $ Tf NIE: : �-� �m tVGZY'YI�C'- C7� �7��-L�• �I' TYl'�.1' � � V`�f'�c�-�G'� [.(./, �t�rl P��'1 .� Gl,� �� i ►► m o`er � M , �rn�►�-�h This communication is intended only for the use of the individual to whom, or entity who which, it is addressed and may contain lnformotion th.et is privileged, confidentfel, and exempt from disclosure under applicable iaw. If the recipient of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you Ara hereby notified that any dissemirlatioh, dictrlbution, copying, or other use of the communication is prohibited. If you have received this communication In error, please notify us immediately by telephone and return tho orgrnlal massage to us at the above Address via the United States Postal gervice. Thank gout TOTAL P.01 From: To: Company: OB: MAPPING Chris: John Lewis Chris Tierney Frederick County 107 N. Kent St. Winchester, VA 22601 Date: 03/11 /98 Time: 1:33 PM Submission of rezoning application for Borderline, LLC at Airport Business Center with comments and a check in the amount of $643.45. If you have any questions, please call me. 99 4*0 Or 4• VOICE:540-662-5792 FAX:540-662-5793 • • November 13, 1998 Mr. Gerald W. Smith, President Broadway Electric Inc. Industrial Drive, P.O. Box 306 Broadway, Virginia 22815 RE: Borderline L.L.C. Property Property Identification Number (PIN): 64-A-45F Dear Mr. Smith -- COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 This correspondence is in response to your letter dated November 5,1998, regarding the permissibility of locating a temporary construction/office trailer on the above -referenced property. Specifically, you indicated that the trailer would be used concucreudy as a job site construction office, a temporary office facility for Winchester area employees, an apprenticesbip training facility for a m of five to seven vocational students, and as a facility to host visiting general contractor representatives. You further stated that such uses are intended to occur within the proposed temporary trailer until construction of a permanent facility is completed on the subject property. In accordance with Section 165-45A of the Frederick County Zoning Ordinance, a temporary trailer is permitted only as a component of an approved construction project. Such trailers must be removed from the project site prior to issuance of the final certificate of occupancy for the use under construction Furthermore, the permit required for the location of a temporary trailer on a construction site is issued for a maximum duration of one (1) year. - Indeed, it is the intent of the Zoning Ordinance to limit the use -of temporary trailers to office activity that is an.. integral yet clearly accessory element of a construction project. Therefore, the proposed use of a temporary trailer on the subject property as a construction office is permitted upon issuance of all necessary permits through the Inspections Department However, the use of a temporary trailer as a satellite office for your company wherein general office activity, vocational training, and marketing would occur is not permissible under applicable Zoning Ordinance requirements. I hope that this letter clarifies your understanding of the limitations applicable to the use of temporary trailers in Frederick County. Please do not hesitate to contact me regarding any questions or,concerns you may have. Sinc y, . Eric R. Lawrence, AICP, CZA Zoning Administrator ERL/CMM/bah U.•1ChWSWCOMMOM:_MMWBROADW-I.WPD 107 North Kent Street - Winchester, Virginia 22601-5000 November 5, 1998 Frederick County Planning Department 107 N. Kent Street Winchester, VA 22601 Attn: Mr. Evan Wyatt Re: Broadway Electric, Inc. Construction/Office Trailer Borderline L.L.C. Property on Airport Road Winchester, Virginia Dear Mr. Wyatt: We are asking for your permission to have a temporary construction/office trailer placed on our plat of land at 200 Airport Road, Winchester, VA for use as a job site and office trailer until our permanent building is completed Temporary entrance will be as per VDOT requirements for temporary construction entrance. Uses of trailer. Job site construction office Temporary work area for a couple of our Winchester area office workers Apprenticeship training of our own employees (5-7 students maximum) On occasion, visitors might be General Contractor representatives Site Details: Anchoring of trailer Skirting of trailer Permanent water connected to trailer Temporary sewage holding tank maintained by sanitary company Construction material storage trailer(s) I have enclosed a proposed trailer layout (Type AM-150C) for your review. Please call me if you have any questions. Thank you for your help in the efforts to bring our business to your community. Please give us your response in writing to this request. Sincerely, Gerald W. Smith President \dwl File: R:\word\ws6\trail CCNTRACTCR LICENSE NUN:IBERS: INDUSTRIAL DRIVE, R. O. BOX 305, SRCADWAY, VA 22815 VA - 2701 013976A WV - WV006065 UlD - 3516 NC - 10881-U (540) 896-8923 FAX (540) 896-9145 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 November 5, 1998 Mr. John C. Lewis, P.E. Painter -Lewis, P.L.C. 302 South Braddock Street, Suite 200 Winchester, Virginia 22601 RE: Broadway Electric Company Erosion and Sediment Control Plan Comments Airport Business Center Frederick County, Virginia Dear John: 1 Upon review of the subject plan, we offer the following comments. 1. References concerning obtaining permits should be indicated as Frederick County, not Shenandoah County. 2. The construction entrance detail on. sheet 2 of 2 should indicate the standard length requirement of 70 foot for the stone entrance. 3. Since the site disturbance is two (2) acres, a temporary sediment trap will need to be designed for this site to comply with Virginia erosion control law, minimum standard 6. 4. Inform the owner that a temporary construction entrance permit will be required from the Virginia Department of Transportation (VDOT) to obtain access onto Route 645. review. Once these comments have been addressed, submit two (2) copies of the plan for further 107 forth ]dent Street a Winchester, Virginia 22601-5000 t Broadway Electric Company Page 2 November 5, 1998 If you have any questions, do not hesitate to contact me. Sincerely, Z),Q- Joe C. Wilder Engineering Technician Department of Public Works JCW/kch cc: Mike Ruddy, Frederick County Planning Department file COMMONWEALTH of VIRGI IA DEPARTMENT OF TRANSPORTATION DAVIDR.GEHR EDINBURG RESIDENCY JERRYA.COPP COMMISSIONER 14031 OLD VALLEY PIKE RESIDENT ENGINEER 12.8. 80)(270 TELE (540) e84—%W EDINBURG, VA 22824-0278 FAX (540)9845807 October 21, 1998 Mr. John Lewis Ref: Proposed Broadway Electric Co. C/O Painter -Lewis Associates Route 645 302 South Braddock Street, Suite 200 at .02 Mile West of Route 776 Winchester, VA 22601 Frederick County Dear John: In accordance with your request of October 19, 1998 you are given permission to install a temporary construction entrance at the referenced location. This letter is to be considered your permit to do so. The following provisions will be required: • Work area protection signage is to be in accordance with the current Work Area Protection Manual while working on the right-of-way. • All work on the right-of-way is to be confined to the temporary entrance location only. • A minimum 6" depth of VDOT #1 (2-3 inch stone) course aggregate by 30' in width will be required. It is to be placed from the edge of pavement and extended back onto private property far enough to prevent the carrying of mud onto the roadway. • Positive drainage is to be maintained within the right-of-way at all times. • A wash rack will be required. • Any disturbed areas of the right-of-way or damages to the pavement structure adjacent to this entrance will be repaired by you to our satisfaction. • This permit is being issued for 180 days. • All work is to be completed in accordance with the enclosed Virginia Erosion & Sediment Control Handbook, Specification 3.02. • The entrance is to be installed at the location shown on the site plan prepared by Painter -Lewis, PLC dated October 19, 1998. The Department of Transportation will not be held liable for suit should such result from this operation nor is it granting permission to grade on the property of others or disturb underground utility lines. If the above listed items are not followed this permit may be revoked. Should you have any questions, please let me know. William C._,G Hwy. Permits & Subd. Specialisf Sr WCG/rf Enclosure xc: Mr. Bill Stover, Mr. Dave Heironimus, Mr. Kris Tierney V S` ' . CQ It !'G /t 7 l��C•1,�'4f, WE KEEP VIRGINIA MOVING IWN-rrt! ram. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 1I infiuvnoli or pus!is r��ir\i llIr March 18, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #006-98 OF BORDERLINE L.L.C. (BROADWAY ELECTRIC CO.) On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on April 1, 1998 at 7:00 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #006-98 of Borderline L.L.C. (Broadway Electric Co.), submitted by Painter -Lewis, P.L.C., to rezone 2.67 acres from RP (Residential Performance) District to M1 (Industrial, Light) District. This property is located on the south side of Airport Road (Route 645), 0.5 miles east of Front Royal Pike (Route 522), and is identified with Property Identification Number 64-A-45F in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Michael T. Ruddy Planner II MTR/cc O:\AGEN DAS\ADIOMER\BORDERLN. REZ 107 North Kent Street • Winchester, Virginia 22601-5000' 1 This is to certifythat the attached correspondence was mailed to the following p on from the Department of Planning and Development, Frederick tounty, Virginia: 64-A-45F Shalom Et Renedictus, Inc. c/o Mike Foster P.O. Box 309 Stephenson, VA 22656 64-A-45B, 45C, 45H Preston Place Associates, L.P. P.O. Box 5127 Richmond, VA 23220 64-A-45 Adams Family Ltd. Partnership c/o C. Douglas Adams 401 Pegasus Court Winchester, VA 22602 w� Michael T. Ruddy, Plann Ii Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated N. lqqhas personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this -+h day of _ 1 1 I8fd-A . 19q7. My commission expires on Te.bruani a uq qq l Aa NOTARY PUBLIC q: i • cA Ml;"C� COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 i IFICAtI U, i Or PUSL iC H=ARU it April 8, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #006-98 OF BORDERLINE L.L.C. (BROADWAY ELECTRIC CO.) On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing .on April 22,1998 at 7:15 p.m., in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This hearing is to consider Rezoning #006-98 of Borderline L.L.C. (Broadway Electric Co.), submitted by Painter -Lewis, P.L.C., to rezone 2.67 acres from RP (Residential Performance) District to M1 (Industrial Light) District. This property is located'on the south side of Airport Road (Route 645), 0.5 miles east of Front Royal Pike (Route 522), and is identified with Property Identification Number 64-A-45F in the Shawnee Magisterial District. Any interested parties having questions or wishing to speak may attend this meeting. A copy of the application is available for review at the Handley Library, or the Department of Planning and Development located at 107 North Kent Street in Winchester, VA. Sincerely, Mchael T. Ruddy Planner II MTR/cc O:\AGEN DASW DJOINER\BORDERLN. REZ 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederic ounty, Virginia: 1 (64-A-45B, 45C, 45H_ —_ Painter -Lewis P.L.C. 1 Preston Place Associates, L.P. 302 S. Braddock Street, Suite 200 i ; P.O. Box 5127 Winchester, VA 22601 I Richmond, VA 23220 I � , 164-A-45F__ Shalom Et .Benedictus, Inc. M c/o Mike Foster P.O. Box 309 Stephenson, VA 22656 64-A-45 Adams Family Ltd. Partnership c/o C. Douglas Adams 401 Pegasus Court Winchester, VA 22602 I Michael T. Rud , Planner II Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, o e n ELI I a Notary Public in and for the State and County aforesaid, do hereby certify that Michael T. Ruddy, Planner II for the De artment of Planning and Development, whose name is signed to the foregoing, dated 8. R , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this day of non. . 19lo. My commission expires onIPMangi & NOTARY PUBLIC X XX YY Y Y YY X X X L 88 Y Y Y Y 61> 72 P � s 73 Bo 75 76 e >0 �Ck R0Oa r0 S 77 y > r, b O qb� >Q � 16 t 79 eJ 4 84 01 i6 r > arr 32 ,S 33 t4 3 63 Jy ,> 8, ,� 40 3S 1 4A 7 87 88 ,J y, ° 38 uw .w. � •w.p h0 /� � �O� e, B0 45E <O f h h`O h fob 1 45C ,�. 2 reston a Assoc. 45D 3 a Adams Family LT a �� 4 45H A 45G �6 ' 45F 6 Pres Plo Adams Family LTD ssoc. ,6 • 45 \n 13 17 t6 4 B G ' ,a / I I t2 fl / 91 14 ) See 41 N 15 t3 //// / M E / t6 I 17 18 tS ip 20 rj 22 23 t6� 24 \iJ 7 t4 ,S •ore 27 26 29 30 3t 6 t2 42 43 Rezoning #006-98 PIN- 64—A-45F Borderline, L.L.C. (Broadway Electric Co.) This map was produced by Frederick Co. Planning & Development 3-16-98