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HomeMy WebLinkAbout007-98 KDG, LC - Shawnee - Backfilem Cr U • SH ` Date 19 ai -� �...,• V V r_RECEIPT Received From _ r rs Address _ < l Dollars ` AMT. OF ACCOUNT CASH (_,�� 7';•VJ AMT. PAID UALk CHECK BY BALANCE zF-� MONEY DUE ORDER CASH RECEIPT Date `� 19_l.y.� O Q 2 n 5 L Received From l i Address r�VT A C L.i l j,;, `.. " —Dollars $ For AMT. OF ACCOUNT CASH <~ AMT. PAID CHECKMNEY 6 / A By c C..L.• ' ;•a BADUECE ORDER On5( TRACKING SHEET Date 3/3/�r �- Application received/file opened Reference manual updated/number assigned D-base updated 4 -G-qg Co q8 File given to office manager to update bi-monthly report 0� Four sets of adjoiner labels ordered from data processing v40 color location maps ordered from GIS 5-(- q c PC public hearing date ACTION: LCOLILP ( �e � A15rnrou (__. J ajV BOS public hearing date ACTION: Alp ►ro) V e 5- 1 1�'- 9 9' 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.) 5-29-99 rile given to office manager to update bi-monthly report (final action) File given to Mapping & Graphics to update zoning map Zoning map amended Other notes: 5-�q-q 97 za,r� eb 5.00 0 '1 COUNTY of FREDERICK Department of Planning and Development S40/665-5651 FAX: S40/678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, .Receptionist/Clerk Typist II SUBJECT: Return Of Sign Depositv`'U� DATE: August 24, 1998 The amount of $25.00 was deposited in line item #10-1911-08 for the business named below as a deposit for a sign for Rezoning Application #007-98. They have now returned the sign and are therefore entitled to the return of their deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $25.00 to: RSA/kac Painter -Lewis, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 107 North Kent Street • Winchester, Virginia 22601-5000 f14 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 May 29, 1998 Mr. John Lewis Painter -Lewis, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 RE: REZONING APPLICATION #007-98 OF IDG, L.C.; PIN 64'B-A-301 Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors in regular meeting on May 27, 1998. The Board approved your request to rezone 1.0 acres from B 1 (Neighborhood Business) to B2 (Business General), and 2.58 acres from RA (Rural Areas) to B2 (Business General), identified as PIN 64B-A-30 in the Shawnee Magisterial District. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, IC41 a . t ( ' Evan A. Wyatt Deputy Director EAW/cc Enclosure cc: KDG, L.C. W. Harrington Smith, Jr.; Shawnee Supervisor Ellen Murphy, Commissioner of Revenue Steve Melnikoff, VDOT Denny Linaburg, Fire Marshal O:\AGENDASVAPPR DEN.LTRU{DG LC.REZ 107 North Kent Street • Winchester, Virginia 22601-5000 PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 64B-((A))-30 AND PARCEL ID - 64B-((A))-29 Shawnee Magisterial District Frederick County, Virginia April21, 1998 Prepared for: KDG, LC 302 South Braddock Street, Suite 100 Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street - Suite 200 Winchester, VA 22601 Tel.: (540)-662-5792 Job Number: 9711022 v PROFFER STATEMENT - - ~ PARCEL ID 64B-((A)-300 INTRODUCTION The subject property currently consists of 3.58 acres and is located on US Route 522, 0.72 miles south of US Route 50. The property consists of a single parcel which has recently been consolidated from parcel 64B-((A))-30 and parcel 64B-((A))-29. The property contains split zoning. As part of a general rezoning by the Frederick County Board of Supervisors in the 1970s, a strip of property along the east side of US Route 522 was rezoned from A2 to B l . The depth of this strip is approximately 150 feet. The total amount of property zoned B 1 is approximately 1.0 acre. The remainder of the property (2.58 +/- acres) is currently zoned RA. The owner desires to rezone the entire 3.58 acres to B2, Business General District. The intended purpose for the rezoning of the subject parcel would be to provide a wider variety of permitted commercial uses for the parcel under the Frederick County Zoning Ordinance. As a provision of the rezoning, the owner is willing to proffer the dedication of a specific amount of land to facilitate the construction of a certain roadway intended to connect Route 522 to Route 50 as proposed in the 1997 Comprehensive Policy Plan. Please refer to the "Route 50 East Corridor: Future Land Use and Present Zoning" on page 6-19 and the "Eastern Road Plan" on page 7-15 of the 1997 Comprehensive Policy Plan. The alignment shown in the Comprehensive Plan roughly coincides with a 60' strip of land owned by the Winchester Regional Airport Authority -Parcel 64B((A))32. The alignment also coincides with a P strip of land owned by B. M. & M. G. Beaver -Parcel 64B((A))33A1. Please refer to attached Exhibit 2. In order to determine the amount of land to be dedicated for a future right-of-way by the owner, it is assumed that both of these parcels are intended to provide access and that both parcels will be fully utilized as road right-of-way. The owner proposes to dedicate a 20' strip of land along the eastern property boundary as shown on the attached Exhibit 1. The combination of this 20' strip of land with the two aforementioned parcels will provide a total width of 8 P for future road right-of-way. The Frederick County Zoning Ordinance requires a category B distance buffer with a minimum width of 50 feet plus the installation of opaque screening to reduce visual impacts upon residential property zoned RA. There are currently two adjacent parcels zoned Bl which are being used or could be used for residential purposes. No distance buffer is required by the ordinance between B 1 and B2. The owner is willing to proffer the installation of a Category B buffer along the common property lines which coincide with these properties as long as the properties are being used for residential purposes. 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 #00^ T� for the rezoning of 3.58+/- acres identified as PIN #64-((A))-30 from RAB1 to B2, development of this particular 3.58+/- 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. page 2 PROFFER STATEMENT - PARCEL ID 64B-((A)-300 PROFFERS 1. The owner will dedicate to the County of Frederick a strip of land twenty feet in width and running parallel to the eastern property line of the 3.58+/- acre parcel for the purpose of future construction of a road to connect Route 522 to Route 50. This voluntary dedication of land shall be valid for as long as the Winchester Area Transportation Plan identifies this general area as a potential route for a collector road to connect Route 50 with Route 522. If future planning action by Frederick County results in the repositioning of this road in a location other than adjacent to the subject parcel, ownership of the land contained in the 20' dedication strip will revert back to the owner of record of the parcel. Please refer to Exhibit 1 hereto attached. 2. The owner hereby proffers the application of a Category B buffer to those adjacent properties which are zoned B I and which are used for residential purposes. Applicable provisions are contained in Section 165-37 of the Code of Frederick County, Zoning Ordinance. 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 $2,478.03 for impacts to Greenwood Fire and Rescue Service. This sum will be paid upon subdivision of the property or receipt of a building permit from the Frederick County Inspections Department for the first building to be constructed on the subject parcel. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted .r Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this 22 day of Apn j IQQB by Joh n C . Uw 15 Andy Le -Low -T,'rn o- by Cl .-Pa.in r C . I_ewcn My commission expires on �.Ifimj-Y(_(i Oh hi t2cuL (� rotary Public page 3 KDG, L.C.; REZ #007-98 Page 2 May 20, 1998 REVIEW EVALUATIONS: Virginia Dept. of Transportation: No objection to the 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 by this office and requires an inspection fee and surety bond coverage. Frederick Co. Sanitation Authority: No comment. Public Works: The discussion of the wetlands should be revised to reflect the presence of hydric soils and wetland plants within the existing drainage channel. This area should be much less than 1/3 acre. The remainder of the request is satisfactory as submitted. Frederick Co. Fire and Rescue: No comment. Historic Resources Advisory Board: No significant historic resources appear to be adjacent to the subject parcels. Greenwood Vol. Fire and Rescue: What will be the impacts to the north and south properties since this is residential area? How many of these people know of the change in their zoning and, if these property owners are satisfied, then so are we. Winchester Regional Airport: Subject site is within the Airport District as defined in Article XIII, § 165-96 of the Frederick County Code, and is subject to the restrictions contained therein. This should be noted in the impact analysis statement, and the zoning should be shown on the plat. County Attorney: Probably should be more specific on where the 20-foot right-of-way is; otherwise alright. Planning & Zoning: 1) Site History The original Zoning Map (USGS Winchester Quadrangle) for Frederick County depicts the zoning of this property as B1, Neighborhood Business District. The Board of Supervisors down zoned a portion of this property to A2, Agricultural General District during their October 8, 1980 meeting. 2) Location KDG, L.C.; REZ #007-98 Page 3 May 20, 1998 The property is located in the Frederick County Urban Development Area (UDA) and the Frederick County Sewer and Water Service Area (SWSA). The property is identified as a component of the Route 50 East Corridor Land Use Plan which was adopted in 1994. This property is located within an area that is designated as Proposed Business and Office. A connecting road is identified within this area that will connect Prince Frederick Drive with Front Royal Pike at a signalized intersection. 3) Site Suitability The site does not contain areas of steep slope, flood plain, wetlands, or woodlands, and contains soils that are defined as prime agricultural. The Frederick County Rural Landmarks Survey does not identify this site or adjoining sites as containing potentially historic structures. The survey does not identify this site or sites within this area as being part of a potential historic district. The site has approximately 325 feet of road frontage along Front Royal Pike. Front Royal Pike is identified as an arterial road and has recently been improved as a four -lane road with a center turn lane. The Frederick County Sanitation Authority maintains a 12-inch water main and an 8-inch sanitary sewer line adjacent to this property. Adequate capacity is available for service to commercial uses that could be developed on this property. 4) Potential Impacts a) Traffic: The applicant has prepared a traffic impact analysis assuming the development of a retail center at the maximum floor area of 74,473 square feet. The development of this square footage would increase the traffic count on Front Royal Pike by 3,028 trips per day during the week and by 3,128 trips per day on Saturdays. This represents an increase of approximately 25% in the average daily traffic count on Front Royal Pike based on the projected counts provided by the applicant. The Winchester Area Transportation Study (WATS), the Frederick County Eastern Road Plan, and the Route 50 East Corridor Land Use Plan depict a major collector road that will be developed to connect Front Royal Pike with Millwood Pike. The right-of-way location of this major collector road has not been determined; however, it is within the proximity of this property. b) Community Facilities and Services: The Capital Facilities Impact Model was applied to the 3.58-acre site on December 16, 1997, assuming the development of 76,473 square feet of retail space. The results of this model run KDG, L.C.; REZ #007-98 Page 4 May 20, 1998 demonstrated a negative fiscal impact for Fire and Rescue Services. The property is located within the area delineated in the Comprehensive Policy Plan as the Airport Support Area. The Comprehensive Policy Plan states that the primary land use in this area should be business and industrial; therefore, the only potential impact would be the height of future structures. c) Adjoining Properties Residential land use exists on the north and south side of this property. Approval of the request to rezone land from the B 1 and RA Districts to the B2 District would permit a greater intensity of uses than is currently allowed, as well as an increase in the permitted Floor -to - Area Ration (FAR) that could be developed on this property. 5) Proffer Statement The applicant has prepared a proffer statement which has been signed, notarized, and reviewed by the County Attorney. The applicant has proffered to dedicate a 20-foot strip of land along the eastern property boundary to assist in the development of a major collector road on an 80-foot right-of-way that will connect Front Royal Pike to Millwood Pike. The applicant has proffered to develop a `B Category" buffer on the property adjacent to all B 1 District properties that are used for residential purposes. Finally, the applicant has proffered a monetary contribution to mitigate the negative impacts to capital costs for the Greenwood Fire and Rescue Company. STAFF RECOMMENDATION FOR 05/06/98 PLANNING COMMISSION MEETING: The proposal to rezone this 3.58-acre tract is consistent with the policies set forth in the Land Use Chapter of the Comprehensive Policy Plan. The 3.58-acre tract is located in an area that has been planned for business and office use, and the request for B2 District zoning conforms to the guidelines for development in the Airport Support Area and the Route 50 East Land Use Plan. Front Royal Pike has been improved to a five -lane condition in this area to accommodate additional traffic growth. The applicant has proffered the dedication of land that will assist in the development of a major collector road to connect Front Royal Pike to Millwood Pike. The applicant has proffered to develop a buffer along the B 1 District properties that are residential which is not required by the Zoning Ordinance. The applicant has proffered a monetary contribution to mitigate the capital costs for the Greenwood Fire and Rescue Company that is consistent with the results of the Capital Facilities Impact Model. Staff believes that the request to rezone the 3.58-acre tract to B2 (Business General) District is appropriate and that the applicant has attempted to mitigate potential impacts through the use of the proffer statement. KDG, L.C.; REZ #007-98 Page 5 May 20, 1998 PLANNING COMMISSION SUMMARY & ACTION OF 05/06/98: The applicant's representative believed that infrastructure was in place to accommodate the rezoning, and the 350 feet of frontage along Route 522 was available for the 3.5-acre tract. There were no public comments. No issues of concern were raised by the Commission. The Planning Commission unanimously recommended approval of the rezoning with the proffers submitted and contingent that all review agency comments be addressed. O:\AGENDAS\REZONE\COMMENTS\KDG LC.REZ Noun GIN � !�► ©p ��� GINW41,46M 0 ®■vim®� ®�: �, �►® ME, 0 ®� , - a ss .�� OWN, ©®®gym 0 ..:::..........::::..:..::.::.::.::. .............. ......:..:::::::..::.....:. ........... ........... .......... REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completedby PlannmgrStafJ` , Zoiung Amendment N 1 4 PC'Hearing Date 5� , ;.,: BOS Hearing Date t z 3 a i• e� ti r` z a, T `tr 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: Telephone: y (' 57(ja, Address: 2. Property Owner (if different than above) Name: ��. �9 . C . Telephone: (�5y jXP- - R3ri "1 Address: -2�O �a��'����ce1L ������ �•�e ��� 3. Contact person if other than above Name: ����ti ,�� Telephone:11 y 79 D, 4. Checklist: Check the following items that have been included with this application. Location map ,/ Agency Comments ✓ Plat Fees Deed to property ✓ Impact Anal�sis=Statement ✓� Verification of taxes paid Proffer=.Statement-) 'Si c ct u 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: U ��•�'r B) Proposed Use of the Property: G© M "(-5(2u s�,,L 7. Adjoining Property: PARCEL ID NUMBER &, -A 5- 4 - USE zkv- \ OertqTt A(, �Zt t t ATt A-t— Vr�e-►'".Ni 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): CI T �kQc oF 12 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant. to., provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. (2 _ _ 9- 9. Parcel Identification/Location: Parcel Identification Number A - 2)0 Districts Magisterial: Fire Service: Rescue Service:C��CG�,,,,���'� �g High School: Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re uested . S Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 14 Date: Date: - Date: 3 / 2- Date: J Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name VA a -a� o a. Pro e # W Name �uvc�eeS G^ \/A Q--A�bX- Property # Name �rac� `+� �,r �\cc� �`�� �roN �sy� �• - \JA Pro e # (Z'y — Name C. .\,,J 1 oN :7o�C aj�:)U •5�c_r�d\\a \jA Property # Name a ` r W .cvc\r.���e cr, %VA Property # (�{ (a -S Name �s�JeAe M . ar c �e 1 W�C� ® R ecZ v oc6 ec\, �rec VA Property # LI_ A _ -aye Name • c� �c� 5�c e� VA Property# l - L Al - a Name -��1�. �� b''; V�1 `�'.0 • ox Jr' Vv•c��r�e'��cc� UA Pro e # A r V - - A YJrCI • • . 3� r - 3-Z - U/ e �-q r /�G� �cl•, Wes-7Pr ZZ.EOZ ate . Zz6b z• �4 - A '=) , JA,,rao, .THc, e P.o. �3ox SFeg 15 r=rcd G� G�aia�7Zl p,Ae,Aiesf��- • 0 AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on May 6, 1998 BOARD OF SUPERVISORS: Approved May 27, 1998 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP Rezoning #007-98 of KDG, L.C. WHEREAS, Rezoning Application 9007-98 of KDG, L.C. submitted by Painter -Lewis, P.L.C., requested to rezone 1.0 acres from Bl (Neighborhood Business) to B2 (Business General) District, and 2.58 acres from RA (Rural Areas) to B2 (Business General) District. This property is located on the east side of Front Royal Pike (Route 522), 0.72 miles south of Millwood Pike (Route 50), and is identified with Property Identification Number 64B-A-30 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on May 6, 1998; and WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on May 27, 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 1.0 acres currently zoned Bl (Neighborhood Business) to B2 (Business General) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes # 15-98 0 • This ordinance shall be in effect on the date of adoption. Passed this 27th day of May, 1998 by the following recorded vote: James L. Longerbeam, Chairman Aye W. Harrington Smith, Jr. Aye Charles W. Orndoff, Sr. Absent 0:\AGENDAS\REZONE\RFSOLUr'N\KDG LC.RES Richard C. Shickle Margaret B. Douglas Robert M. Sager A COPY ATTEST John Riley, Jr. Frederick County Administrator Aye Aye Aye W i, PROFFER STATEMENT A PROPOSED REZONING for PARCEL ID - 64B-((A))-30 AND PARCEL ID - 64B-((A))-29 Shawnee Magisterial District Frederick County, Virginia April 21,1998 Prepared for: KDG, LC 302 South Braddock Street, Suite 100 Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street - Suite 200 Winchester, VA 22601 Tel.: (540)-662-5792 Job Number: 9711022 PROFFER STATEMENT PARCEL ID 64B-((A)-30 INTRODUCTION The subject property currently consists of 3.58 acres and is located on US Route 522, 0.72 miles south of US Route 50. The property consists of a single parcel which has recently been consolidated from parcel 64B-((A))-30 and parcel 64B-((A))-29. The property contains split zoning. As part of a general rezoning by the Frederick County Board of Supervisors in the 1970s, a strip of property along the east side of US Route 522 was rezoned from A2 to B 1. The depth of this strip is approximately 150 feet. The total amount of property zoned B 1 is approximately 1.0 acre. The remainder of the property (2.58 +/- acres) is currently zoned RA. The owner desires to rezone the entire 3.58 acres to B2, Business General District. The intended purpose for the rezoning of the subject parcel would be to provide a wider variety of permitted commercial uses for the parcel under the Frederick County Zoning Ordinance. As a provision of the rezoning, the owner is willing to proffer the dedication of a specific amount of land to facilitate the construction of a certain roadway intended to connect Route 522 to Route 50 as proposed in the 1997 Comprehensive Policy Plan. Please refer to the "Route 50 East Corridor: Future Land Use and Present Zoning" on page 6-19 and the "Eastern Road Plan" on page 7-15 of the 1997 Comprehensive Policy Plan. The alignment shown in the Comprehensive Plan roughly coincides with a 60' strip of land owned by the Winchester Regional Airport Authority -Parcel 64B((A))32. The alignment also coincides with a 1' strip of land owned by B. M. & M. G. Beaver -Parcel 64B((A))33A1. Please refer to attached Exhibit 2. In order to determine the amount of land to be dedicated for a future right-of-way by the owner, it is assumed that both of these parcels are intended to provide access and that 6bth parcels will be fully utilized as road right-of-way. The owner proposes to dedicate a 20' strip of land along the eastern property boundary as shown on the attached Exhibit 1. The combination of this 20' strip of land with the two aforementioned parcels will provide a total width of 8 P for future road right-of-way. The Frederick County Zoning Ordinance requires a category B distance buffer with a minimum width of 50 feet plus the installation of opaque screening to reduce visual impacts upon residential property zoned RA. There are currently two adjacent parcels zoned B 1 which are being used or could be used for residential purposes. No distance buffer is required by the ordinance between B 1 and B2. The owner is willing to proffer the installation of a Category B buffer along the common property lines which coincide with these properties as long as the properties are being used for residential purposes. 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 #007- qfor the rezoning of 3.58+/- acres identified as PIN 964-((A))-30 from RA/BI to B2, development of this particular 3.58+/- 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. page 2 PROFFER STATEMENT PARCEL ID 64B-((A)-30 PROFFERS 1. The owner will dedicate to the County of Frederick a strip of land twenty feet in width and running parallel to the eastern property line of the 3.58+/- acre parcel for the purpose of future construction of a road to connect Route 522 to Route 50. This voluntary dedication of land shall be valid for as long as the Winchester Area Transportation Plan identifies this general area as a potential route for a collector road to connect Route 50 with Route 522. If future planning action by Frederick County results in the repositioning of this road in a location other than adjacent to the subject parcel, ownership of the land contained in the 20' dedication strip will revert back to the owner of record of the parcel. Please- refer to Exhibit 1 hereto attached. 2. The owner hereby proffers the application of a Category B buffer to those adjacent properties which are zoned B 1 and which are used for residential purposes. Applicable provisions are contained in Section 165-37 of the Code of Frederick County, Zoning Ordinance. 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 $2,478.03 for impacts to Greenwood Fire and Rescue Service. This sum will be paid upon subdivision of the property or receipt of a building permit from the Frederick County Inspections Department for the first building to be constructed on the subject parcel. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this 22 day of Aprd iQ(16 by John C . Lew 15 AndW Le -Low i i'rn a-hy Ci --Pain-kr a n C . �• eu�n My commission expires on .30 - qq (21mn- O Pr to - ilau Notary Public page 3 GRAPHIC SCALE 100 50 0 100 1 inch = 100 ft_ hC)!), AV 'g r S / I P I IRS /Q p- N 04-14'41 �`'�� 75.20' J �(0 / R_ \ G _ v O' AREA, O BE RESERVED FOR TURE ROAD oo CONSTRUCTION = 4.981.34 SF NAIL & CAP IN CORNER POST P.I.N. 6413-1-30 3.5869 ACRES In /to " 50' BRL W O_ w N 00'31'1b" EV 3 1 BEVERLEY M. BEAVER & o MARJORIE G. BEAVER co 64B-A-33A1 (1' STRIP) d ZONED: RA USE: VACANT i ROGER L. HELSLEY & �3 PHYLLIS A. HELSLEY./ ZONED: � (Z A i� USE: RESIDENTIAL N 00 r\ �2 FRED K. PECHT & SANDRA PECHT IRS _ ZONED: 81 USE: RES. U. S. ROUTE 522 — FRONT ROYAL PIKE VARIABLE WIDTH R/W PAINTER-LEWIS, P.L.C. PROFFER EXHIBIT DATE: SURVEY: 01-21-98 Morsh&Legge 302 South Braddock Street. Site 200 Winchester. nchester. Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 A PROPOSED REZONING PARCEL 64 B—((1))-30 FREDERICK COUNTY VIRGINIA r DRAWN: SCALE: C.I.: JOB NO.: JCL EXHIBIT: 1" = 100' no 1 9711022 PROJECT: DATE: 12-15-97 PAINTER-LEWIS, P.L.C. PROFFER EXHIBIT SURVEY: NA 302 South Braddock Street. Suite 200 DRAWN: JCL EXHIBIT: WnCheater. Virginia 22601 A PROPOSED REZONING �� `� SCALE: 1' 200' Telephone (540)662-5792 PARCEL 64 B- A) -29, 30 C.L: no 2 Facsimile (540)662-5793 FREDERICK COUNTY, VIRGINIA J06 NO_: 9711022 E 0 IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL ID - 64B-((A))-30 AND PARCEL ID - 64B-((A))-29 Shawnee Magisterial District Frederick County, Virginia March 23, 1998 Prepared for: KDG, LC 302 South Braddock Street, Suite 100 Winchester, Virginia 22603 Prepared by: PAINTER-LEWIS, P.L.C. 302 South Braddock Street, Suite 200 Winchester, VA 22601 Tel.: (540)-662-5792 Job Number: 9711022;�ja IMPACT ANALYSIS STATE T PARCEL ID: 64B-((A))-30 andCEL ID: 64B-((A))-29 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section pa..Re L INTRODUCTION 1 A. SITE SUITABILITY 1 B. SURROUNDING PROPERTIES 2 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 5 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 5 J. OTHER IMPACTS 6 APPENDIX 7 IMPACT ANALYSIS STATE T PARCEL ID: 64B-((A))-30 and I . CEL ID: 64B-((A))-29 L INTRODUCTION The subject property currently consists of 3.58 acres and is located on US Route 522, 0.72 miles south of US Route 50. The property consists of a single parcel which has recently been consolidated from parcel 64B-((A))-30 and parcel 64B-((A))-29. Exhibit 1 shows the location of the property. The property contains split zoning. As part of a general rezoning by the Frederick County Board of Supervisors in the 1970s, a strip of property along the east side of US Route 522 was rezoned from A2 to B 1. The depth of this strip is approximately 150 feet. The total amount of the subject property zoned B 1 is approximately 1.0 acre. The remainder is currently zoned RA. Please refer to Exhibits 2 and 3. The owner desires to rezone the entire 3.58 acres to B2, Business General District. According to the 1997 Frederick County Comprehensive Policy Plan, the property is within the Urban Development Area. The property also lies within the limits of the Route 50/Route 522 Business corridor. The property is located between the 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 property will be better utilized with a B2 zoning which will allow the development of a variety of business, office and service uses. The property contains 324 linear feet of frontage on US Route 522. The rezoning of the subject parcel will permit the development of a greater variety of suitable commercial uses than would be possible with the current mixed zoning of B 1 and RA. A. SITE SUITABILITY The majority of the site is well suited for commercial development. The property slopes gently away from Route 522 making construction of access to the site possible without major earthwork activities. The area along the northern property line contains utility easements as well as a drainage way which carries storm water runoff away from US Route 522. This area can be developed with the installation of drainage structures and the elimination of several low lying areas through the addition of controlled fill. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 01158 shows the parcel is not within designated areas of the 100 year flood. WE, No wetlands have been identified on the site. Minor portions of the drainage way along the northern property boundary are poorly drained and there is evidence of hydric soils and plants. however, the hydric soils and plants are not in significant quantity. STEEP SLOPES The property generally slopes to the east. Slopes range from 1.0% to approximately 10%. page 1 IMPACT ANALYSIS STATEM=0 PARCEL ID: 64B-((A))-30 and IT CEL ID: 64B-((A))-29 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: Blairton silt loam, 2-7%, (3B). 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, NIL, and CL. Unweathered bedrock can be expected at relatively shallow depths around 36 inches below the ground surface. There are no critical areas on the site. AIRPORT DISTRICT The subject property is within the Airport District - API as defined by the Frederick County Zoning Ordinance. The purpose of this district is to prevent the encroachment of airport hazards. The property is within the "Approach zone" which extends away from the ends of the runway along the extended centerline. The height limitations within the approach zone are defined as one foot in height for each fifty feet in horizontal distance beginning at a point 200 feet from and at the centerline elevation of the end of the runway. The elevation at the end of the runway is 726 feet MSL. The distance to the site is approximately 2600 feet. The approximate height limitation at the subject property is 774 feet MSL. The maximum elevation at the property is approximately 740 feet MSL. B. SURROUNDING PROPERTIES The site to be rezoned is bordered on the north by three parcels. See Exhibit 2. Parcel 28 is owned by G. G. McGwain, zoned B 1, and is currently the location of a beauty shop and residence. Parcel 25 is owned by W. L. Galladay, Jr., zoned B 1, and is currently vacant. Parcel 21 is owned by W. L. Galladay, Sr., zoned RA, and is currently vacant. To the west is the Route 522 right-of-way. Two parcels are adjacent to the southern property boundary. Parcel 3 is owned by Fred K. and Sandra Pecht, zoned B 1, and used for residential purposes. Parcel 5 is owned by Roger L. and Phyllis A. Helsley, zoned RA, and used for residential purposes. The property which borders the eastern property line consists of a one foot wide strip of land owned by Beverley M. and Marjorie G. Beaver, zoned RA, and is currently vacant. Beyond this parcel is a 60' wide strip of land owned by the Winchester Regional Airport Authority. The adjoining property owner information is listed below. Parcel ID # 64B-((A))-25 W. L. Galladay, Sr. 437 Front Royal Pike Winchester, VA 22602 Parcel ID # 64B-((A))-21 W. L. Galladay, Sr. 437 Front Royal Pike Winchester, VA 22602 Parcel ID # 64B-((2))-5 Roger L. and Phyllis A. Helsley 497 Front Royal Pike Winchester, VA 22602 Parcel ID # 64B-((A))-33A Beverley M. and Marjorie G. Beaver 1400 Opequon Avenue Winchester, VA 22601 page 2 IMPACT ANALYSIS STATEM W .PARCEL ID: 64B-((A))-30 and ICEL ID: 64B-((A))-29 Parcel ID # 64B-((2))-3 Fred K. and Sandra Pecht 485 Front Royal Pike Winchester, VA 22602 Parcel ID # 64-((A))-7 C. W. & Christine M. Wilson P. 0. Box 200 Fisherville, VA 22939 Parcel ID # 64-((A))-9 Jasbo, Inc. & Fred L. Glaize, III P. 0. Box 888 Winchester, VA 22604 Parcel ID 964B-((A))-28 Gary G. McQuain 2142 Martinsburg Pike Winchester, VA 22602 Parcel ID #64-((A))-5 Elks Club of Winchester, Inc. P. 0. Box 25 Winchester, VA 22604 The area surrounding the subject property is identified in the Comprehensive Plan for commercial growth. Overall, the area is steadily changing to commercial uses including retail and general office. Commercial development of the property may have adverse impacts on the remaining residential properties. Impacts could include noise, dust, and glare from site lighting. Impacts resulting from commercial development of the property will be mitigated by the application of a landscaping and screening buffer required to be located between residential land zoned RA and future commercial development on land zoned B2. The Frederick County Zoning Ordinance requires a category B distance buffer with a minimum width of 50 feet plus the installation of opaque screening to reduce visual impacts upon residential property. There are currently two adjacent parcels zoned B 1 which are being used for residential purposes. No distance buffer is required between B 1 and B2. The owner is willing to proffer the installation of a Category B buffer along the common property lines which coincide with these properties as long as the properties are being used for residential purposes. See the Proffer Statement in the Appendix. C. TRAFFIC The site is less than one mile from the intersection of Route 522 and Route 50. This intersection is immediately adjacent to Interstate 81. The 1997 Comprehensive Plan classifies Route 522 as a major arterial road. Route 522 at the site is a five lane road with dual lanes in each direction and a center turn lane. Traffic data from the Virginia Department of Transportation for nearby roads is somewhat dated. A 1995 count records 31,400 trips on Route 50 at Interstate 81. A 1994 count records 8,000 trips on Route 522 at Route 644. Route 644, Papermill Road, is approximately 1.5 miles south of the site. A 1990 count records 10,295 trips between 7 A.M. and 7 P.M. on Route 522 at Route 50. An estimate of current traffic on Route 522 at the site would be 12,000 to 13,000 trips per day. In the 1997 Comprehensive Plan a general road plan for the eastern portion of the county has been prepared for arterial and collector roads. The plan does not identify specific locations and alignments for future roadways, but is intended to show the connections which should be made page 3 IMPACT ANALYSIS STATEMAT PARCEL ID: 64B-((A))-30 and I CEL ID: 64B-((A))-29 between various locations and routes. The Eastern Road Plan illustration shows a proposed Major Collector road between Route 50 and Route 522. The Route 522 connection is shown in close proximity to the subject site. In addition, preliminary road plans generated for the county show a potential alignment for this collector road to be located along the eastern property line of the subject property. In order to facilitate the goals of the 1997 Comprehensive Plan, the owner of the property is willing to proffer the reservation of a strip of land along the eastern property line to accommodate the firture construction of a connection between Route 522 and Route 50. See the Proffer Statement in the Appendix. Traffic impacts as a result of commercial development of this property can be estimated by assuming the most intensive usage of the site. In this case, the most intensive usage will be some type of retail activity where vehicle trips experience intermittent peaks during specific times. Vehicle trips are herein estimated using the ITE Trip Generation Manual, Fifth Edition for the category of "Specialty Retail Center". According to the Frederick County impact model, the property could contain up to 74,473 square feet of retail space. Traffic impacts can be based on the area of potential retail space. For the purposes of this report, trip ends will be estimated from the ITE Manual as follows: Average Vehicle Trip Ends -Weekday: 40.67 x 74.4 = 3,028 Average Vehicle Ti•ip E, nds-A.1L1. Peak Hour: 6.41 x 74.4 = 477 Average Vehicle Trip Ends -P.M. Peak Hotn-: 4.93 x 74.4 = 367 Average Vehicle Trip Ends-Salurday: 42.04 x 74.4 = 3,128 Average Vehicle Ti•ip Ends -Sunday: 20.43 x 74.4 = 1,520 The generation of over 3,000 trips per day from a 74,000 square foot retail center would have a significant impact on traffic movement on Route 522. The developer of such a project would have to provide improvements to the road infrastructure as required by the Virginia Department of Transportation. Improvements could include signalization, additional turn lanes, and perhaps the construction of a portion of the proposed connection between Route 50 and Route 522. These issues would have to be addressed during the site planning process. D. SEWAGE CONVEYANCE AND TREATMENT There are currently public sewerage facilities available to serve the site. An 8" diameter sanitary sewer line runs in an easement on the north side of the site. Please see Exhibit 3. Sewage flows from general retail space may amount to 200-300 gallons per day per 1000 square feet. The projected flow generated from 76,473 square feet is 22,000 gpd or less than 0.04 cfs. Sewage from the site will be treated at the Opequon Water Reclamation Facility. E. WATER SUPPLY There are currently public water facilities available to serve the site. The Frederick County Sanitation Authority has a 12" diameter water main running parallel with the centerline of Route 522 along the property frontage. page 4 IMPACT ANALYSIS STATEMFALT PARCEL ID: 64B-((A))-30 and ICEL ID: 64B-((A))-29 F. DRAINAGE The site contains a natural swale which carries runoff away from Route 522. Recent improvements to Route 522 have included the installation of drainage structures which convey runoff to a culvert located near the center of the site. This culvert discharges water to the swale that eventually flows to Sulphur Spring 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 a detention facility will be constructed near the eastern boundary of the property to serve the entire site. G. SOLID WASTE DISPOSAL FACILITIES The nearest solid waste transfer facility is located at the Frederick County Landfill approximately 3 miles to the northeast on Sulphur Spring Road. No additional solid waste disposal facilities will be required for the proposed development. The amount of solid waste generated by a retail development can be estimated based at 500 pounds per day for the entire retail operation. Tipping fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal needs can be estimated by: cost = cost per ton of waste x tonnctge $5,475. 00 = .$60. 00 x (500 lbs) x (112000 lbs/ton) L 365 (lays/year H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or strictures as listed on the Virginia Landmarks Register and the National Register. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies outside the commonly accepted limits of the major civil war battles. The nearest recognized battlefield associated with the Civil War would be the Second Battle of Kernstown located approximately one mile west of the site. The Rural Landmarks Survey Report lists several architecturally or historically significant sites and structures within approximately one mile of the site. Please refer to Exhibit 4. I. COMMUNITY FACILITIES EDUCATION 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 page 5 IMPACT ANALYSIS STATE T PARCEL ID: 64B-((A))-30 andCEL ID: 64B-((A))-29 calculates that the projected new capital costs for emergency service facilities attributable to this development is $2,478.03. PARKS AND RE, CREA TION The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for public park facilities attributable to this development is $0.00. J. OTHER IMPACTS Interviews with county staff indicate that no additional impacts are required to be addressed. page 6 IMPACT ANALYSIS STATEM - T PARCEL ID: 64B-((A))-30 and ICEL ID: 64B-((A))-29 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 8 page 7 -,�� ( )a I �� o� �.• �� 11� "" \11v�� WTI,J I' eki--,- ram. � �m'' 1 r yU 1 �%! 1 „\ �}�•e•;., ��` 1 r'•..r• 1 Qukrt Sc1i •` ;� derick r_ A i• :�� 1 - inchester 10- - 634411. H ights e r' ��. clue .'i�_ • 1 :il: I 0 �.. • r Sbr nat all -1 .• �'):' �• -- o of 4��6�� ��i ��• p I,i 'q0• 6, i iiWT Cem 8MIf w i � ��� INTER .in �• „� �' r it ' ! �, ,,. f � � - r cu� u / � 11 4o.All &h • i r t 'i r -r� ,77/ l � • ' / 1��..'/, fit �/l. / � 1 j•�. i •� �� �1��' rpwrsValle I��• �•�.521�� Sha �.��' �f � E /Golf Club 3 i \�50 BM 33 •`. �� j i t �' %:; _ 1 O lJ , '.I • . 0 Winchester Municipal r.. �� � � �••�•' �� � ��-`,vAirport ' t I )1 ._) .� �� I� B ( i �750• 712q _lam • �e '`�' ; �' _ ';�r' j50/•• T--- II 1��' II -� r !1J Sh enan oah` , PS Memorial Park PROJECT: DATE: 12-15-97 PAINTER-LEWIS, P.L.C. SITE LOCATION SURVEY: NA 302 South Braddock Street, Site 200 A PROPOSED REZONING DRAWN: JCL EXHIBIT Winchester, Virginia 22601 SCALE: 1' = 2000 Telephone (540)662-5792 PARCEL 64 8—((A))-29, 30 C.I.: no 1 Facsimile (540)662-5793 FREDERICK COUNTY, VIRGINIA JOB NO.: 9711022 rrcurtu is DATE: 12-15-97 PAINTER-LEWIS, P.L.C. PROPERTY MAP SURVEY: M&L 302 South Braddock Street. Site 200 A PROPOSED REZONING DRAWN: JCL EXHIBIT: Winchester, Virginia 22601 SCALE: no Telephone (540)662-5792 PARCEL 64 8-((A))-29, 30 C.l.: no 2 Facsimile (540)662--5793 FREDERICK COUNTY, VIRGINIA JOB NO.: 9711022 • im ?- �= � L C ,� w� / S /�`,�o� NAIL & CAP IN / / \ CORNER\POST BEVERLEY M. BEAVER & ,,� �Q� o MARJORIE G. BEAVER " yQ� 64B-A-33A1 ZONED: RA USE: VACANT P.I.N. 648-1-30 ROGER L. HELSLEY & ///3.5869 ACRES (ADJUSTED AREA)i PHYL�� �SLEY 3.2429 ACRES (ORIGINAL AREA) USE: RESIDENTIAL 3 TRACT LINES L_ J J I I HEREBY VACATED r� P I I IRS iv / o��p N04'14'41 " 00 /�75.20-4, ZQN �42GI�,) z L_ J Aj FRED K. PECH T & SANDRA PECH T ZONED: 81 IRS USE: RES. r GRAPHIC SCALE 100 50 0 100 1 inch = 100 ft. ♦�♦AF. savollf ON,0 N 00'31'10"EE 324.07' v U. S. ROUTE 522 ^- FRONT ROYAL PIKE VARIABLE WIDTH R/W MLSON ELKS JASBO/GLAIZE ZONED: M2 ZONED: 32 ZONED: 82 USE. RESIDENTIAL USE: FRATERNAL ORG. USE: VACANT PAINTER-LEWIS, P.L.C. rnv�c�, is SITE MAP DATE: 01-21-98 SURVEY: Mar3h&Legge 302 South Braddock Street. Site 200 A PROPOSED REZONING DRAWN: JCL EXHIBIT: Winchester. Virginia 22601 Telephone (540)662-5792 PARCEL 64 8—((1))-30 SCALE: C.I.: 1' = 100' 3 Facsimile (540)662-5793 FREDERICK COUNTY, VIRGINIA na JOB NO.: 9711022 eu�'7 199 Barr House(I-house) 424 Garber Farm(Federal style) 427 Calvary Church of the Brethren(Reconstruction-church) 430 Rosenberger Farm(Reconstruction-agriculture) 431 Russell Place(I-house) 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 PAINTER-LEWIS, P.L.C. PROJECT: HISTORIC STRUCTURES DATE: 12-15-97 SURVEY: NA 302 South Braddock Street, Suite 200 A PROPOSED REZONING DRAWN: JCL EXHIBIT: Winchester, Virginia 22601 SCALE: 1' = 2000' Telephone (540)662-5792 PARCEL 64 8-((A))-29, 30 C_l.: 4 Facsimile (540)662-5793 FREDERICK COUNTY, VIRGINIA no JOB NO.: 9711022 r E From: John Lewis Date: April 22, 1998 To: Evan Wyatt Time: 11:36 AM Company: Fred. County Planning & Development RE: Evan: Attached you will find a Proffer Statement for A Proposed ReZoning for Parcel ID-64B-((A))-30 and Parcel ID-64B-((A))-29. As you can see it has been notorized and signed. If you have any concerns, please feel free to contact me. Thank you for your time. 4 � Zz��5 ohn Lewis VOICE: (540) 662-5792 FAX: (540) 662-5793 0 Rezoning Comments Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 • Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 1550 Commerce Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: A4 �k"r5tl.-Telephone: 652 (dOZGz7qZ Mailing Address: '1jQZ - 6 (Z�'j� � !s ' t ZOO Location of property: H I L 05 GAL( t Current zoning: Zoning requested 'C Z Acreage: . a Virginia Delpartment 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 Edition for r view. Any work performed way must be covered under a land use permit. This office- and requires roc an inspection. fee and surety bond on State rights -of - permit is issued by this coverage VDOT Signature & Date: L� 02/06/98 Notice to VDOT - Please Return Form to Applicant 20 • 0 Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: COWI�IAr��i �� C1 Umd Ltom t---> ; l V .ry (W Address & Phone -P, o. 80 y 307-3 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: arc -1.x .s �� Telephone: Z�40 iD(yZ5-R7- Mailing Address:Z Location of property:D .72 MlLJW-- e-xI-DtIk"C" -> 4 4i F s t;' , T �� F! sal, Current zoning:-�2 Zoning requested: Acreage: -8 Fire and Rescue` Company's Comments: ji I 6e 'i4 fy W �� A \ C\1(JC�CrS CLX'1CA Sb t A\—q\ PO `JC),( � t e- Ak,�"3 tDV& CkrC(Y3- ,,. I-iow Ora"M PWPV knz)L�,-x-aP+,� C)Aoxw, C'n -hCPzoj I U I Fire & Rescue Comp y's Signature & Date: bMQ Q '� _ �E, J,Lj -CJ� This Notice to Fire & Rescue Company - Please Return Form to Applicanta 3)2 �c'�_i �+� • 0 COUNTY OF FREDERICK, VIRGINIA FIRE MARSHAL'S OFFICE LAND DEVELOPMENT COMMENTS Control No.RZ98-0003 Date Received 2/5/98 Date Reviewed 3/10/98 Applicant Painter -Lewis, PLC. Address 302 S. Braddock St. Winchester, Virginia 22601 Project Name KDG, LC Phone No. 540-662-5792 Type of Application Re -Zoning Current Zoning B 1/RA 1st Due Fire Co. 18 1st Due Rescue Co. 18 Election DistrictShawnee Tax I.D. No. 64B-A-30 RECOMMENDATIONS Automatic Sprinkler SystemXX Residential Sprinkler System Automatic Fire Alarm SystemXX Other REQUIREMENTS Emergency Vehicle Access Adequate Inadequate Not IdentiiiedXX 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 Y I-, W.✓B$"% 41 - - IT 111� I FEES 1998 9 Rezoning Comments - - � � III Uj -_1..� 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'tlile informabon as accurately as possible in order to:assist the Sanitation. Authonty_with their:reV ew : Attach a copy of your application_ form, location map; proffer statement, impact'analysis, and any other pertinent information Applicant's Name: ��"� . �C IS � Telephone: C,G�t� [o(oZ,5 7 Mailing Address: -;�a277-, Location of property: �L.l'C� `7 Z2 D ."�Z '�'�l � � e;, 4q—r I+4 Current zoning: Zoning requested: Z Acreage: 1 SQ> Sanitation Authority Comments: /Vo CD hl�i-'=i1/ 7" Sanitation Authority Signature & Date: 25 L-I • Rezoning Comments Frederick County Department of Public Works Mail to Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia 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:I�Ia tt2,-Uma:� , Telephone:t;40 (�PZ6,7gZ Mailing Address: 3?0Z S . !�a, t Location of property: , • 7Z 'I l l.t�'SX-l"CE-�' Current zoning: I A Zoning requested: �Z Acreage: Department of Public W rk's Comments: Ab y'e 0►tu�u�_ V� �� c,.,.�g S`Acn+► �c� k�. �nti.u�cln �i �lc� ��3 �,,c mac.. • � tin- �'Ca,�ng,.Kc� � t U�.ti V�.en�• J Su�S'Yt�cT iz� q,s s�1iw�.� . Public Works Signature & Date: 00 2 6 rj� Notice to Dept. of Public Wo - Please Return This Form to the Applicant 21 A . . , Rezoning Comments Winchester Regional Airport Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, Virginia 22602 (540) 662-2422 Hand deliver to: Winchester Regional Airport Attn: Executive Director 491 Airport Road (Rt. 645, off of Rt. 522 South) Winchester, Virginia Applicant: Please fill out the 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 1�l4TcE!Z— U-: t ��S 'pL Telephone: 54y 6(pZ -5; 71Z Mailing Address:Z Location of property: _ t�'�'F� �'�'ZZ D• 7Z � tub 2 Current zoning: % Zoning requested: Z Acreage: Winchester Regional Airport's Comments: 1 A h' < r- Si -r(7 (S OJ t T k 1 !'d -rl o- XrT r i c T" a5 D Q (i 4 0 /,v r ��e �>✓ f �s'�'/ l /o1J-i. ,/ /y t orL�,r�,•`' ) r::.a)Q Tkz-- 2—o "<tit= r'th1.c %/f JX&tynv /Z j ;/ A(II i Winchester Regional Ai VC Signature & Date: , µ. Notice to Winchester Regional Airport - Please Return Form to Applicant 30 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:-OAy r� Lev-, S Telephone: �O (O(Oz 2- ocation of property: t-20'ZT �`%•�2 '� tL.,� e:,-n ,<'4 �tzc , -Ca Current zoning: Zoning requested: Z Acreage: 3'�1 L Advisory Board Comments: NG S �r,�c �_� 1.�<,torc� res 5 _ c +0 Signature & Date: _ G- a l l 1 8� Notice to Advisory Board - Please Return Form to Applicant 19 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 Commonwealths AttorneIZ����Ci� Winchester -Frederick Co. Judicial CeQ�Q���'�' -� 5 North Kent Street, 2nd Floor Winchester, Virginia �osQ�oa`��� 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: '( Z-1..1L\r. (5 Telephone: *40 ipiO?, Mailing •.. .s '..� • ��r Location of property:�1. C:::;,V-- t r m Current zoning,: (-PA Zoning requested:Acreage: 2715?> Co yv-Ty h's Attornev's Comments: ✓�� c,�/ o Al at,, /e rc r f� Attorney's Signature & Date: Notice to Commonwealth's Attorney - Please Return This Form to the Applicant 18 COUNTY of FREDERICK Office of Treasurer P.O. Box 225 Winchester, Virginia 22604-0225 540/665-5607 FAX 540/662-5838 C. William Orndoff, Jr., CGT County Treasurer January 29, 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# 64B-A-30, the taxes for 1997 and prior years are paid. If you have any questions regarding this matter, please contact our office. Thank you, L sa M. Reifinger Collections Assistant 107 NORTH KENT STREET • WINCHESTER, VIRGINIA 22601 --------------- OUTPUT MODULE Fire Department Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Capital $84 $361 $0 $0 $0 U ------------------- Net Credit for Fiscal Taxes to Impact Capital Net Credit costs Impact $374 S71 TOTAL $445 $2,042,213 --------------------------------------------------- FIRE AND RESCUE ADDENDUM New Capital Costs Not Covered by County Contributions --------------------------------------------------- NOTES: Model Run Date 12/16/97 EAW P.I.N. 6413-A-29 & 30 Rezoning: 3.58 acres assuming: 76,473 sq.ft. retail on 3.58 acres of B2 $136,477 $0 $8,113 U $144,964 $0 ------------------------- $2,478.03 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 U89I11GO432 • THIS DEED, made and dated this 4th of November , 1997, by and between STEVE F. HAM and PATRICIA L. HAM, husband and wife, parties of the first part, hereinafter called the Grantors; and KDQ. L. Q.. a Virginia Limited Liability Company, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), and other consideration deemed adequate at law, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty of title, unto the Grantee, in fee simple, absolute, all of that certain lot or parcel of land, together with the improvements thereon and appurtenances thereto belonging, lying and being situate in Shawnee Magisterial District, Frederick County, Virginia, containing 3.24 acres, more or less, fronting on the East side of Route 522, just South of Winchester, Virginia, and being more particularly described by plat drawn by Lee A. Ebert, C.L.S., dated July 28, 1975, which plat is of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 450, at Page 545; being the same property conveyed to the Grantors herein by that .certain Deed dated March 31, 1983, from Milton M.. Luttrell, Jr., widower, of record in the aforesaid Clerk's Office in Deed Book 557, at Page 778. Reference, is made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. The Grantors do hereby covenant that they have. the .right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of BK89 I pG0433 title as may be requisite. WITNESS the following signatures and seals: ,iL XGi•SEAL STEVE F. MARKS _(SEAL) ATRICIA L. MARKS STATE OF VIRGINIA, AT LARGE, OF r to -wit: • The foregoing instrument was. acknowledged before me on the day of nn�, 1997, by Steve F. Marks and Patricia L. Marks, husband and wife, whose names are signed to the foregoing Deed dated the day of Y-, _.LA, 1997. My commission expires C NOTARY PUBLIC 1 DedAVbrks to KDD pl1/mb I'd 6b •c�ertc 2 FG043 „ THIS DEED, made and dated this 1 day of November, 1997, by and between RiCHARD GLENN @uBCHAM, married, and NANCY BURCHAM;illLLI M, married, Beneficiaries under the Will of RUFUS GLENN RURCHAM Deceased, Co -Executors and 8 hereinafter Grantors; and Kn '• L.C-+ a Virginia Limited Liability Company, hereinafter d a H. ROSALIE DjtRC>�, wife of Richard Glenn Burcham, and DENNIS Grantee; and jUjAAy N, husband of Nancy Burcham Sullivan, parties of the third part. WHEREAS, the said Rufus Glenn Burcham died testate on April 9,1993, seized and possessed of the hereinafter described parcel of land; and WHEREAS, pursuant to the terms of his Will recorded in the Clerk's Office of the . a g Ui Circuit Court of Frederick County, Virginia, in Will Book 103 at Page 1771, Rufus Glenn {s{ Burcham devised and bequeathed all the rest, residue and remainder of his estate (including the hinafta.described parcel of land) to Richard Glenn Burcham and Nancy Burcham Sullivan, a .o I'll : < a n equally, share and sham alike; and WHEREAS, p wsuant to the terms of his Will, Rufus Glenn Burcham appointed Richard a r' urcham Sullivan as Co -Executors of his Estate. The said Ric Glenn Burcham and Nancy Bhard Glenn Burcham and Nancy Burcham Sullivan, Co -Executors, have duly qualified as Co ' Executors under the terns of•the Will, as evidenced by. die Order recorded in the aforesaid ' Clerk's Office in Will Book 103 at Page 1774. '' .. NOW, THEREFORE, WITNESSETH: That for and in consideration of the sum of Y i Ten Dollars ($10.00), cash in band paid, and other good and valuable consideration, the receipt is hereby acknowledged, the Grantors do hereby grant, bargain, sell and convey with of which General Warranty Title, unto the Grantee, in fee simple, the following described property and appurtenances thereunto belonging: ' All of that certain lot or parcel of land, together with the improvements thereon theteunto belonging, lying and being situate in Shawnee and appurtenances Magisterial District, Frederick County, Virginia, on the East side of the Winchester and Front Royal Turnpike (U.S. Route 522 / Front Royal Pike), 522/Front Royal Pike 110' and extending back with fronting on said U.S. Route for a distance of 159 feet, adjoining lands now or formerlyowned an even width by John S. Kniseley on the North and lards now or formerly owned byElizabeth U.S. Route 522/Front Royal Pike on the Nicholson on the East and South, and West; and being the same property conveyed to Sallie M. Kelley by Deed dated March 10, 1944, frown Elizabeth Nicholson and E. S. Nicholson, her husband, said Deed being of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 1g9 at Page 53. '`4 OX89IPG0435 The said Sallie M. Kelley died testate on April 1, 1950, and by the terms of her Will, recorded in the aforesaid Clerk's Office in Will Book 58 at Page 478, willed the above -described parcel of land to Glenn Burcham (being one and the same person as Rufus Glenn Burcham. Reference is here made to the aforesaid instruments and the attachments and the references therein contained for a further and more particular description of the property hereby conveyed. This conveyance is made subject to all duly recorded and enforceable restrictions, easements and rights of way. H. Rosalie Burcham and Dennis W. Sullivan join in the execution of this Deed for the purpose of quitclaiming and conveying any right, title or interest they may have in and to the herein conveyed property, including any marital right or interest, and for the purpose of waiving any right or claim to the herein conveyed property which could be included in any augmented estate pursuant to §64.1-16 through §64.1-16.4 of the Code of Virginia, 1950, as amended, as It currently exists or as it may be hereafter amended, or pursuant to any other statute, case law, common law or equity theory as it currently exists or as it may be later promulgated, or otherwise. WITNESS the following signatures and seals: (SEAL) RICHARD GLENN BURCHAM, Co -Executor and Beneficiary under the Will of Rufus Glenn Burcham, Deceased •• /•{ �, t••`t�•�, r.Jr GL� ct G•r�/ (SEAL) NCY URCHAM SULLIVAN, Co-Execotor and Beneficiary under the Will of Rufus Glenn Burcham, Deceased - �._. (SEAL) H. ROSALIE BURCHAM (SEA) DENNIS W. SULLIVAN STATE OF VIRGINIA �� Q 9 PG Q 4 3 6 CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this _g:�_- day of November, 1997, by Richard Glenn Burcham, Co -Executor and Beneficiary under the Will of Rufus Glenn Burcham, Deceased. . Notary Public A� My commission expires: C I Ii I- IL ISO It. �1..'•tiAV�L1 y{ STATE OF VIRGINIA CITY OF WINCHESTER, to -wit: The foregoing instrument was acknowledged before me this t� < <`" day of November, 1997, by Nancy Burcham Sullivan, Co -Executor and Beneficiary under the Will of Rufus Glenn Burcham, Deceased. Notary Public My commission expires: a' i• , !' C STATE OF VIRGINIA CITY/CeUNT-Y-OF i I'! 11 0L I'd L L — to -wit: The foregoing hotrument was acknowledged before me this (�` " day of November, 1997, by H. Rosalle Burcham. III L: Notary Public res .....My commission expi: !�,[WC 1 1J I( • a WINDY HILL ;I E FRE r 17 / p -- •' IND PK t wy q CF � • rritiri Y �� \- ID a .rk 776 -- �3� ` 9� hGuITION E � 522 Wlaclu4r \ 645 AN $ AT pwYr y Nrprt VN i S' 6 ;1" .r i r fl \ ^.r Vic MAP r IRPO r :.i'' '... t. WI F. ... P SCALE: 1'=2000' « APPROVED BY 12_ J 9$ SUBDTV-ISIOtrA6Af1NlSTRATOR DATE OWNERS' CONSENT THE ABOVE AND FOREGOING CONSOLIDATION OF THE LAND OF KDG, L.C., AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND ACCORDANCE WITH THE DESIRES OF THE UNDERSIGN E / WNERS, PROPR El AND TRU TEES, IF ANY. _ NOTARY PUBLIC 1, Jenn��er W I�1C,L , A NOTARY PUBLIC IN AND FOR THE STATE OF VIRGINIA AT LARGE, DO CERTIFY THAT TirYlodll�L %. I�iiln4er' 1 jiln C Lcy\16 Andrevl B. and Reln CL-fty ) WHOV... 41,,ES ARE SIGNED TO THE FOREGOING OWNERS' CONSENT, HAVE ACKNOWLEDGED Tf�Al:,BF'f)RE ME IN MY STATE. �� fiF'FINbER MY HAND THIS DAY rl Innunl _. 19 % = u pp` C64M&ION EXPIRES r I I lclqq I an I SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL PLAT OF CONSOLIDATION IS THE LAND CONVEYED TO KDG, L.C., A VIRGINIA LIMITED LIABILITY COMPANY, BY DEEDS DATED i NOVEMBER 1997 AND 4 NOVEMBER 1997, SAID DEEDS RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 891 AT PAGE 432 AND DEED BOOK 891 AT PAGE 434, RESPECTIVELY. DOUGL C. LEGGE, L.S. TAX MAP 64B ((A)) PARCELS 29 & 30 ZONED: B1 USE: VACANT FINAL PLAT OF CONSOLIDA77ON _ �N. H Off, OF THE LAND OF ` KDG, L.C. SHAWNEE MAGISTERIAL DISTRICT a " FREDERICK COUNTY, VIRGINIA pp�J�S��7 DATE: 23 DECEMBER 1997 COVER SHEET SHEET 1 OF 2 No. 00119 MARS] � & �L,EGGE PC—KDG �z�3/�y� _Land Surveyors, P.L.C. S URv,/ J 139 North Cameron Street WirAcater, Vlrginta 22601 4W (540) 667-0466 Fox (5.10) 667-0469 r-I r-I C;IGIIUI"w GRAPHIC 5CALE 100 50 0 100 1 inch = 100 fL. 0 n" NAIL & CAP IN CORNER POST / 11-�.: / / P.I.N. 6413-1-30 RO (;ER `-- 3Wr59 ACRE5 (APJU5TEP AREA) ' I'' I'" -St `' 1, ( 3.2429 ACRES (ORIGINAL AREA) USE: /vy�< � I TRACT LINES 3 / I I HEREBY VACATED / ,r� P I I IRS / AT N04'14'41"E ETAL 75.20' BLDG. 2 THE 0 K. Plc'-' H & SA. -OR, r1E % v%11 . n.r' U-E: RES. IRS N 00'31'10" E - OZ4-ur -. - U. 5. ROUTE 522 - FRONT ROYAL PIKE NOTES VARIA13LE WIDTH R/W 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 3. IRS - IRON ROD SET BRL - BUILDING RESTRICTION LINE CP - CORNER POST X - FENCE LINE -- OVERHEAD UTILITY LINE ?2, - UTILITY POLE - SANITARY SEWER MANHOLE 4. THE INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE ON DECEMBER 1, 1997. O f`AG� DOI/GLAS C. H No. 0 119 \9� /L�v�04 0 L� P.I.N. 648—A-29 0.3440 ACRES (ORIGINAL AREA P.I.N. 648—A-30 3.2429 ACRES (ORIGINAL AREA) TOTAL 3.5869 ACRES FINAL PLAT OF CONSOLIDATION OF THE LAND OF KDG, L.C. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, ORGINIA DATE. 23 DECEMBER 1997 SIIEET 2 OF 2 MARSH & LEGGE PC-KDG _Land Surveyors, P.L.C. 139 North Cameron Street Winchester, Virginia 22601 (540) 667-0466 For (540) 667-0469 L FROM PAINTER-LEWIS, PLC 5406625793 1- 1802-02-98 04:47PM TO 6780682 PROFFER STATEMENT 1 I'M)POSI D RJ=/ONr.\(; for PARC' , JD - 640-((A))-30 A 3` D PARCEL ID - 64B-((A))-29 Shawnee Magisterial District Frederick County. Virginia January _1 1, 1998 0 Prepared for: KDO, I.C_ South Braddock Street, Suite 100 Winchester, Viroinia 72601 Piepared by PAINTER-LEWIS, P.L.C. 'O'? South Braddock Slit gel - Suite: '200 %Vlm:.hester, V,'1 31-601 (540)662-5792 Job number: 971 1022 #41 P.1/4 * 5Po1cc_ Q1 Job. l.a" Z-131s8 • 0 FROM PAINTER-LEWIS, PLC 5406625793 I•MUrrMl' 3 1 A i r.n7tr.IN i .'" PARCEL ID 64B-((A)-30 INTRODUCTION 0 02-02-98 04:47PM TO 8780682 0 441 P.2/4 The subject property currently consists of 3.58 acres and is located on US ROLIte 522, 0,72 miles south of US Route 50, Thc: pi-opert_y consists of z singic parcel which has recently been consolidated froth pared 641:3-((A))-30 and parcel 6413-((A))-29. Exhibit 1 shows the location of the property. The property contains split zoning. As part. of a. general rezoning by ihu Frederick County Board of Supervisors in thc; 1970s, a strip of property along; the east side of US Route 522 was rezoned Crain A2 to B 1. The depth of this strip is approximately 150 feet. The total ainuunt of property zoned 131 is approximately 1.0 acre. The remainder is currently zoned RA. Please refer to Exhibit 2. The owner desires to I'Czoily the entire 3.58 acres to 1132, Business General District. The intended purpose for the rezutlirlg of the s{Ihject parcel would be to provide I wider variety of allowed conitnercial uses for the parcel. As a provision oP the rezoning, the owner is willing to proffer the reservation of a. specific amount of land to Iacilitate the construction of a certain roadway intended to connect Route 522 to Route 50 as proposed in the 19Q7 C'oitlpr'elle.lisive Policy Plan, Please refer to the "Route 50 l.�.ast. Corridor' Future Land Use and Present Zoning" on pagie 6-19 and the "Eastern Road Plan" on page 7-15 of the 1997 Comprehensive Poiic:y Plan. The Frederick County Zoning Ordinance requires a category B distance huffer with a minimum width of 50 feet plus the installation of opaque screening to reduce visual impacts upon residential property zoned RA. "There are currently t.w0 adjacent parcels zoned B I which are MiltZ used or could be used For residential purposes. No distance buffer is required by the ordinance between 'S 1 and 132. The owner is willing to proffer the installation of a C:a.tcgo y R buffer alurig thy; common property lines which coincide with these properties as long as the properties are Being used for residential purposes. See the Proffer Statement in the Appendix. 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 shrill approve Rezoning Application .H . .. .. . for the rezoning of 3.58+/- auves identified as PIN #64-((A))-30 from RA/131 to B2, developrnent cif' this particular :3,58- /- acres will be itl conformity with the terms and cOndltlons`';et forth in this document. These terms and conditions may be subsequently amended ur revisedby Llrc; owner oi' tic; prul)Orty with permission from the Frederick County Board of StiperVT.,ors in accordance with Frederick County codes. l' IQsc proffers shrill be binding oil the: owner and thQir legal success of aSti'L4 PROFFERS The owner hereby reserves a strip of land twenty-five feet in width and rtinriiri; parallel to the eastern property line of the 3.58-/- acre parcel tier tl>e 1�urTlc�tie of d_edie.�tic>di_ttl__th. C:i�tt},cif Frederick toIhctlitatc the constriction of a filturc road to connect Route 522 to Route 50. Any iiltpi'ovcmcnts made to this parcel will adhere to the building restrictions set ibrth in the Frederick County Zoning Ordinance 1 i[1G1.L1(�1r1lATl_ lICl.Ili11-tWt'itly-liQ I FROM r e t zs' ADbZ1° 0-t ? PAINTER-LEWIS, PLC 5406525793 02-02-98 04:48PM TO 8780882 • #41 P.3/4 PROFFER STATEMENT PARCEL ID 64F3-((A)-30 feet to buildin¢ setbacks ati aonlicahle 'Chic vohultary reservation �f land shall be valid for a period o(' xis years from the date of approval by the Board of Supervisors of this proposed rezoning. Please refer to Exchibit 1 hereto attached. 2. The owner hereby proll' rs the application of a Category F3 butler to tho,,e adjacent. properties which are zoned 1.31 and which are used for residential purposes. Applicable provisions are contained in Section 165-.37 of the Code of Frederick County, Zonin� Ordinance. . •� - -bb 696- Monetary Contribution to Frederick County Sei-vice Organiz;jtiions i1ir.owner will pay or will cause to be paid to the Treasurer of Frederick County the' Alin of $1000.00 ' r impacts to fire and rescue services. This sum will be paid upun receipt of an or- ccupancy permit from the Frederick County inspections Departmeru for the first building to he constructed on the subject parcel. b -41 pA�A c- The conditions proffered above shall he binding on the heirs. executors, adrrnnistrators, assigns. and successors in the interest of the owner. in the event that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these: prolliers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. '' JJ Submitted liv- KDG. LC Date: STATE OF VIRGINIA, AT IAItGF. COUNT 'l"Y OF FRi-'DERICK, To -Wit. The foreltoing instrument was ackno-vledged before me this day of My commission expires on Notary Public by 0 FROM PAINTER-LEWIS, PLC 5406825793 02-02-98 04:49PM TO 6780682 GRAPHIC SCALE IRS 100 50 0 100 1 inch = 100 Et. / h cad 4�7 �,N m i ti ham' i ��ti AlQ A� / ro a41 P.4/4 AREA TO BE RESERVED FOR FUTURE ROAD 2�00, CONSTRUCTION = 6,265,41 SF Al & CAP IN COMER POST P.I.N. 648-1--30 V �i' 3.5869 ACRES IRS ,v N04.14'4" $ / 75. 2 Qs '� f b1 �� ° m 4, �,�• /V'�O•�-h _ _ � we — A6 1� m♦���1 N 00'31'10- E - IRS Q ROGER L. HELSLEY & PHYLLIS A. HELSLEY ZONED: 81 3 USE: RESIDENTIAL FRED K. PECH T & SANDRA PECHT ZONED. 81 USF. RES. U. S. ROUTE 522 — FRONT RQYAL PIKE VARIABLE WIDTH R/W PAINTER-LEWIS, P.L.C. 302 South Broddock Street. Suits 200 Wlncnaator, Vlrglnla 22601 Telephone (340)662-5792 Focuimilw (540)662-5793 PROFFER EXHIBIT A PROPOSED REZONING PARCEL 64 8-((1))-30 FREDERICK COUNT(, VIRGINIA OME: 01-21-98 SURVM Morah&Legge DRAWN: X-L E%HISM. SCALE 1" = 100' C.L. no 1 J08 NO.: 9711022 • r� L Rezoning Comments li'BAY'::^i's7iti'��t::L^-:^:t's"['ic'�'.':°}:"z.^..':"':.'•�'?:..�?`e'p'ic.'F:."k:� -. - ,F�y`>i:l..... '! Frederick County Department of Public Works Mailt Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick Countv 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: Tkgity: ,i-r--Qts TL/, Telephone: X3 4o (o&zr21et Z Mailing Address: �j02. :60=ycG�C S� Location of property: �.a,�jG ZZ D�� �l.Pal ►� Current zoning: IS. Zoning requested:3Z Depa ment of Public N't"ork's Comments: (n� 1 Er�, a c CyA, tc�1r1- 4 WY C 190�QU0.Y.vr—& S Public Works Siumature & Date: F. Acreage: Z •etl 9maro Notice to Dept. of Public Worksu Please Return This Form to the Applicant a KhL;tIVt:v 21 FEB 7 1998 FREDERICK CO. cstr±wccomr: R. INSPECTII i ,,- � J Rezoning Comments Virginia Department of Transportation Mail : Virginia Department of Transportation Attn: Resident Engineer P.O. Box 278 Edinburg, Virginia 22824-0278 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 1550 Commerce Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach three copies of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: e?EaWAYENC-IK K[s Telephone: (o&?- --44 55 Mailing Address: 1 SI %n! t r13?X K ILL LAA=— \#l. I t4Q-AES-t'E7Z VA =4o2- -- Atr y1= Rkc-AAzy A. EmNS Location of property: t eyr S %we Or 'DooauA ckwm% T-CA-P (UIF, Ai5O LTT O• (p M % l.E SOl7T�1 O r FA oL;: Ax -P t KE ( JZ TE. Z77) . EA5'r Or -roe Toylla OC STET1;ErlS Cr�T/ Current zoning: IZ-pr Zoning requested: 7-? Acreage: S,"+ Virginia Department of Transportation Comments: No objection to the subdivision of this property. This section of street is currently not in the State's Secondary Road System. However, all entrance design and drainage features must meet State requirements if the street is co be ettgtbte ror ante. A complete set ot construction plans will be required for review. See attached letter from VDOT to Mr. Richard Edens dated February 5, 1998. VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant 20 0 • COMMONWEALTH ®f VIRGINIA DEPARTMENT OF TRANSPORTATION DAVID R. GEHR EDINBURG RESIDENCY COMMISSIONER 14031 OLD VALLEY PIKE P.O. BOX 278 EDINBURG, VA 22824-0278 February 5,1998 Mr. Richard Edens C/O Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 Dear Richard: JERRY A. COPP RESIDENT ENGINEER TELE(540)984-5600 FAX (540) 994-5607 Ref: Linwood D. Ritter Property Subdivision Rezoning Request Route 641 (Double Church Road) Frederick County We have reviewed the preliminary information on the referenced project and have the following comments: Under Section E. Drainage, Ritter Impact Statement, on Page 4 at the conclusion of Section E. Drainage a statement should be added as follows, after the words "for the site": Hou ever, no usage of VDOT roadznay embankment can be allou7ed to retain/detain a stormu7ater runoff. Should you have any questions, please call. Since ely 7 Barry J. Sweitzer Trans. Roadway Engineer For: Norman K. Sparks Trans. Ass't. Resident Engineer BJS/ rf Enclosure xc: Transportation Engineer Mr. S. A. Melnikoff Mr. Kris Tierney 0 January 28, 1998 Mr. Richard Edens Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: Rezoning request for Linwood P. Ritter Frederick County, Virginia Dear Mr. Edens: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the rezoning request for 8.264 acres owned by Linwood and Elizabeth Ritter. Based on this review, -we understand that the applicant plans to develop the property for 20 single family dwellings and is requesting a zoning change from RA to RP. The impact statement has adequately addressed the pertinent issues in question. However, we recommend that the Virginia Department of Transportation be consulted again to determine when Route 641 (Double Church Road) will be upgraded to carry the present traffic flows. The proposed development will only add to an existing problem. Any proposed improvements should be extended to incorporate the proposed entrance to the 20 single family dwellings. The proffer statement appears to have adequately addressed solid waste issues. However, it is not clear how these numbers were derived. The preliminary layout (.Addendum "A") shows 20 lots as referenced in the impact narrative. It appears that an existing sewer easement will prevent the development of Lot 1. This issue should be addressed during the subdivision design phase. .Stormwater management issues should also be addressed in detail during the subdivision design phase. Based on our knowledge of on -site geological conditions, we recommend pre - development "C" values on the order at 0.3 to 0.35. Post -development values will most probably be on the order of 0.55 depending on the actual amount of open space area. 107 North Kent Street - Winchester, Virginia 22601-5000 0 Linwood Ritter Rezoning Page 2 January 28, 1998 Please contact me if you have any questions regarding the above comments. Sincerely, Harvey E. Str, snyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Zoning l file L-1 r 00 February 20, 1998 Mr. Steve Patton, P.E. Triad Engineering, Inc. P.O. Box 2397 Winchester, Virginia 22604 RE: Rezoning Request for 63,505 acres Intersection of Routes 651 and 652 Frederick County, Virginia Dear Steve: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/678-0682 Based on our review of.the subject rezoning request, we offer the following comments: 1. Impact Analysis: a. Traffic: The Virginia Department of Transportation will be responsible for determining the road upgrades required to accommodate the projected increases in traffic. It appears that the proposed development will have a significant impact on the existing traffic patterns. The existing road network is obviously inadequate without significant improvements. b. Drainage: The discussion of proposed stormwater management facilities refers to retention rather than detention. Verify that a wet pond or retention pond is planned in lieu of a detention pond. 2. Survey Plan: a. Add a vicinity map. b. Indicate total acreage on property survey for the area to be rezoned. e",' 107 North Kent Street • Winchester, Virginia 22601-5000 0 If4,. Rezoning Comments Page 2 February 25, 1998 C. Indicate existing and proposed zoning designations for the property in question. Our approval of the rezoning will be contingent upon receipt of a revised property survey plan. HES/rls cc: Planning and Zoning file Sincerely, Harvey . S awsnyder, Jr., P.E. Director ublic Works ft • • Irov (Mr. Stone was absent from this meeting.) PUBLIC MEETING Consideration of a request by Mr. Jim Petry, Vice President of Development for JASBO, Inc. to extend sewer service beyond the Sewer and Water Service Area to the Whitfield Subdivision. This property is located on the east side of Double Church Road, approximately one mile south of Fairfax Pike. Action - Recommended Denial Mr. Evan A. Wyatt, Deputy Planning Director, stated that the Comprehensive Plans and Programs Subcommittee (CPPS) considered a request from Mr. Jim Petry, Vice President of Development for JASBO, Inc. to allow for the extension of sewer service from the Sewer and Water Service Area (SWSA) to the Whitfield Subdivision. Mr. Wyatt said that Mr. Petry advised the CPPS that the subdivision is experiencing failing drannfield systems and that perk sites for undeveloped lots cannot be achieved; therefore, extending service would be the only option for developing the platted, undeveloped lots. Mr. Wyatt said that the CPPS acknowledged the fact that limited capacity sewer has been extended outside of the SWSA on occasions; however, this was done to accommodate existing industrial, business, or institutional uses. He said that the Conumittee believed there was not a compelling reason to extend sewer service at this time and stated that they did not want to set a precedent to extend sewer service outside of the SWSA for uses other than those just mentioned. Mr. Mark Smith, the project design engineer with Greenway Engineering, stated that the lots were recorded in 1968. Mr. Smith said that the Health Department has determined that the soils in this area are not able to perk. He said that because of the close proximity of sewer in the Woodside development, it is now technically feasible and reasonable in cost to develop these lots. Mr. Smith said that the force main will be extended all the way back through the subdivision, so that any homeowner that needs to hook on can do so. Mr. James Petry, representing JASBO, Inc. and Mr. Bowman in this request, said that JASBO owns seven lots in Whitfield Subdivision. Mr. Petry said that they are not asking for anything new; they just want to finish a project that began 30 years ago. He said that perk sites could not be found a long time ago and he had the Health Department check again as recently as five or six years ago. He said that the Health Department has determined that perk sites are just not available in that subdivision. Mr. Petry said that they were told that there are systems in the subdivision that are not functioning properly. He said that if this is so, the situation can only get worse. Mr. Petry said that he was proposing a new service for their seven -lot purposes; but, in doing so, they were making available a solution to a potential problem down the road. Chairman DeHavenn called for public continent and the following persons came forward to speak: Mr. Herbert Painter, resident on Double Church Road, was opposed to the request. Mr. Painter said that his biggest concern was the precedent this would set for future extension requests and even more development. Frederick County Planning Commission Minutes of December 17, 1997 Page 139 Mr. Edward Hamilton, resident in Whitfield Subdivision, was concerned that the developer would put multi -family units on the remaining seven lots, if public sewer was available. Mr. Hamilton also inquired who would be would be responsible for paying for running the sewer line underneath the road. Mr. John Stelzl, Vice President of the Frederick County Fare Bureau and President of the North Valley Agricultural Issues Association, came forward to speak in opposition to the request on behalf of these two organizations and himself. Mr. Stelzl believed that granting this extension would set a precedent for future development. He said that he was sympathetic to the homeowners who were having problems with their systems, but he was not in favor of granting the request for the seven remaining, undeveloped lots. Mrs. Sarah Stelzl, area resident and property o-wrier, asked if the request was on behalf of the homeowners who were experiencing septic problems or if the request was simply so the remaining undeveloped lots could be developed. Mrs. Stelzl said that if there are people with failing septics and there is an unhealthy situation, that was one issue to be dealt with; however, if the applicant was speaking of extending sewer to double the number of homes, then she felt that was an entirely different matter. Mr. Petry and Mr. Smith returned to the podium. Mr. Petry stated that his desire was to finish Us project and make use of seven platted, vacant lots which have incurred taxes for the past 30 years. Mr. Petry said that they would gladly make the sewer line available to others in the subdivision. Mr. Smith said that the force main and crossings would be paid for by Mr. Petry and his organization and the individual grinder pumps would be paid for by the homeowners. He said that a typical grinder pump will cost about $3,000.00, the installer fee would be about $3,000.00, and the Service Authority's tap -on fee is about $2,065.00. Most of the members of the Conunission were not in favor of extending the SWSA simply to develop the remaining seven lots in the Whitfield Subdivision, especially because of the precedent it would set in that area for more development to occur. On the other hand, a few Commission members believed that the opportunity should be seized to fix the failing septic problems of area homeowners. These Conninissioners felt that the system could be designed for a two-inch force main and certainly contain restrictions that no connection past the existing development could ever occur. A motion for denial was made by Mr. Light and seconded by Mr. Marker, BE IT RESOLVED, That the Frederick Comity Planning Conunission does hereby recominend denial of the request by Mr. Jun Petry, Vice President of Development for JASBO, Inc. to extend sewer service from the Sewer and Water Service Area to the Whitfield Subdivision by the following nu jority vote: YES (TO DENY THE REQUEST): Ours, Wilson, DeHaven, Marker, Copenhaver, Light, Morris NO: Thomas, Romine (Note: Mr. Stone was absent from the meeting.) Frederick County Planning Commission Minutes of December 17, 1997 Page 140 R CZoN iN G AffiAe Am-13 : P I N (,4Ci -A - Z9 i 30 U APPLICATION FOR REZONING FREDERICK COUNTY, VIRGINIA In order to rezone a parcel of land in Frederick County, an application for rezoning must be submitted to the Department of Planning and Development. It is the responsibility of the applicant to gather all information and materials that make up the application. Rezoning's are ultimately approved or denied by the County Board of Supervisors. This package contains instructions which must be must be followed in order to complete an application. It is important to read these instructions carefully. If you have questions or need assistance, please contact the Department of Planning and Development at (540) 665-5651. Application Materials The following materials must be submitted to the Department of Planning and Development. ✓1. A completed application form (the form is attached). v2. A survey or plat of the entire parcel with the location of all proposed zoning boundary lines. ✓3. A copy of the deed to the property verifying current ownership. This may be obtained from the Frederick County Clerk of the Circuit Court at the Joint Judicial Center, 5 North Kent Street, Winchester. ✓4. A statement verifying that taxes have been paid. This may be obtained from the Treasurer's Office at 107 North Kent Street, Winchester. ✓5. A complete listing of adjoining property owners, including addresses and property identification numbers. These can be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. ✓6. Impact analysis statement. Information concerning the projected impacts of the proposed rezoning following the specifications beginning on Page 5. ,' . Proffer Statement. Specific conditions to be volunteered as part of the application. See explanation and instructions on Page 10. A. Completed agency comment sheets. Comments sheets are attached. It ma}, not be required that all comment sheets be completed! Check with the Department of Planning and Development to determine which comment sheets are applicable. 9. Fees. There is a S550 base fee plus $35 per acre and a $25 deposit for a public hearing sign. Checks should be made payable to "Treasurer of Frederick County." FEC &Vl40 XT I N ND C 4�OPCTC- 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAY: 540/ 678-0682 iWIFIC rl JII Jr PULL 1C rlEARIi IG May 13, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #007-98 OF KDG, L.C. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing on May 27, 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 4007-98 of KDG, L.C., submitted by Painter -Lewis, P.L.C., to rezone 1.0 acres from B1 (Neighborhood Business) to B2 (Business General) District, and 2.58 acres from RA (Rural Areas) to B2 (Business General) District. This property is located on the east side of Front Royal Pike (Route 522), 0.72 miles south of Millwood Pike (Route 50), and is identified with Property Identification Number 64B-A-30 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, Evan A. Wyatt Deputy Director EAW/cc 0 \AGENDAS\AD101NER\KDG_LC. REZ 107 North Kent Street • Winchester, Virginia 22601-5000 46 KqG , L . This is to certify tha the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Vi 'a: 646 - A- - 33-A BEAVER, BEVERLEY M. 64B - A- - 25- � Z t GOLLADAY, WILLIAM L. JR. 437 FRONT ROYAL PIKE WINCHESTER, VA. 64B - 2- - 3- PECHT, FRED K & SANDRA 485 FRONT ROYAL PIKE WINCHESTER, VA 1400 OPEQUON AVE WINCHESTER, VA. 22602-7321 64B - A- - 28- MCQUAIN, GARY G 2142 MARTINSBURG PIKE WINCHESTER, VA 22602.7321 64 - A. - 7. WILSON, C W & CHRISTINE M CIO WILSON TRUCKING PO BOX 200 FISHERSVILLE, VA 22939-0200 22601.4404 22603.4710 64 - A- - 5- ELKS CLUB OF WINCHESTER, INC. PO BOX 25 WINCHESTER, VA 64B -A- -33A1- BEAVER, RALPH F. 135 BUFFLICK RD WINCHESTER, VA. 64B - 2- - 1- HELSLEY, ROGER LEE 497 FRONT ROYAL PIKE &A) . WINCHESTER,VA. 22602.7321 22604-0025 & KATHLEEN H. 22602.4546 Evan A! Wyatt, Pputy Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, Sa Notary Public in and for the State and County aforesaid, do hereby certify that Evan A Wyatt, Deputy Director, for the Departme t of Planning and Development, whose name is signed to the foregoing, dated g has personally appeared before me and acknowledged the same in my State d County aforesaid. Given under my hand this day of —ter r o My commission expires on '7 q 64B - A- - 32- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA. 22602.4517 64 - A- - 9- JASBO, INC. & FRED L. GLAIZE III PO BOX BBB WINCHESTER, VA 22604.OBBB PAINTER-LEWIS, P.L.C. 302 S. Braddock Street, Suite 200 Winchester, VA 22601 KDG, L.C. 302 S. Braddock St., Suite 100 Winchester, VA 22601 Ll I April 22, 1998 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/678-0682 I cinFICAnoik I Or Pus IC ;-I_ outir TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #007-98 OF KDG, L.C. On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on May 6, 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 #007-98 of KDG, L.C., submitted by Painter -Lewis, P.L.C., to rezone 1.0 acres from B1 (Neighborhood Business) to B2 (Business General) District, and 2.58 acres from RA (Rural Areas) to B2 (Business General) District. This property is located on the east side of Front Royal Pike (Route 522), 0.72 miles south of Millwood Pike (Route 50), and is identified with Property Identification Number 64B-A-30 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, Evan A. Wyatt Deputy Director EAW/cc 0AAGENDAS\AD101NERUCDG LC.REZ 107 North Kent Street • Winchester, Virginia 22601-5000 0 • This is to certify that the attached correspondence was mailed to the following on Z c' `, c from the Department of Planning and Development, Frederick Cou , Virginia: 64B - A- - 28- 64B - A- - 25. MCQUAIN, GARY G GOLLADAY, WILLIAM L. JR. 2142 MARTINSBURG PIKE 437 FRONT ROYAL PIKE WINCHESTER, VA 22603.4710 WINCHESTER, VA. 22602.7321 64B - A- - 21. GOLLADAY, WILLIAM L. SR. EST. OF GLADYS D GOLLADAY 437 FRONT ROYAL PIKE WINCHESTER, VA. 22602.7321 64B - 2- - 3- PECHT, FRED K & SANDRA 485 FRONT ROYAL PIKE WINCHESTER, VA 22602-7321 64 - A- - 7- WILSON, C W & CHRISTINE M CIO WILSON TRUCKING PO BOX 200 FISHERSVILLE, VA 22939.0200 64B - 2- - 1- HELSLEY, ROGER LEE 497 FRONT ROYAL PIKE WINCHESTER, VA. 64B - A- - 33-A BEAVER, BEVERLEY M. 14000PEQUON AVE WINCHESTER, VA. 22602.7321 22601-4404 STATE OF VIRGLYIA COUNTY OF FREDERICK 64 - A- - 5. ELKS CLUB OF WINCHESTER, INC. PO BOX 25 WINCHESTER, VA 22604.0025 64B -A- -33A1- BEAVER, RALPH F. & KATHLEEN H. 135 BUFFLICK RD WINCHESTER, VA. 22602.4546 64B - A- - 32- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA. 64 - A- - 9- JASBO, INC. & FRED L. GLAIZE III PO BOX BOB WINCHESTER, VA 22602.4517 22604.0888 ( wiiVtu'kA Lk back a -LM - zt--- Evan AlWyatt, 61puty Director Frederick Co. Planning Dept. I, 6M ITT o bm' a Notary Public in and for the State and County aforesaid, do hereby certify that Evan A Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated Ll q q has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this aa nd day of G My commission expires on l cboj pin M9 C � -_.\ �_ NOTARY PUBLIC PAINTER-LEWIS, P.L.C. 302 S. Braddock Street, Suite 200 Winchester, VA 22601 1DG, L.C. 302 South Braddock Street, Suite 1100 Winchester, VA 22601