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Home My WebLink About008-98 Oakcrest Builders, Inc. Shawnee - BackfileRE AE PTM owl' r�• �M.• ACCOUNT HOW PAID ; . , L N0 �� MONEY °,- TRACKING SHEET Date Application received/file opened ,/ Reference manual updated/number assigned D-base updated Q -/4-98 IL1.1 y. 9 File given to office manager to update bi-monthly report -- 4-20-IF Four sets of adjoiner labels ordered from data processing 40 color location maps ordered from GIS PC public hearing date ACTION: EULMILNC161M ftV BOS public hearing date ACTION: r 6u LA S 2 - Signed copy of resolution for amendment of ordinance, with -conditions -proffered - received from County Administrator's officeand-placed-in-Proffers-notebook. (Note: if no proffers, resolution goes in amendments without proffers notebook.) s5' a 9- V �ven to office manager to update bi-monthly report (final action) File given to Mapping & Graphics to update zoning map Zoning map amended Other notes: �'Ul-Gfi✓�.I' COUNTY of FREDI RICK Department of Planning and Development 540/665-5651 IFAX: 540/ 678-0682 MEMORANDUM TO: Finance Department FROM: Karen A. Cain, Receptionist/Clerk Typist II SUBJECT: Return Of Sign Deposit PQ V U DATE: June 12, 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 #008-98, 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 Oakcrest Builders, Inc. 2055 Valley Avenue Winchester, VA 22601 107 North Kent Street • Winchester, Virginia 22601-5000 -y� —. *NTY of FREDERICK May 29, 1998 Mr. Stephen M. Gyurisin G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, VA 22601 Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE: REZONING APPLICATION #008-98 OF OAKCREST BUILDERS, INC.; PIN 77-A-26 Dear Mr. Steve: 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 2.5 acres from B2 (Business General) to RA (Rural Areas), identified as PIN 77-A-26 in the Shawnee Magisterial District. The approval is contingent upon the dedication of land along West Parkins Mill Road (Route 644) for future right of -way improvements, as stated in Condition 1 of the Rezoning Application #023-89 proffer statement, being provided during the platting process for the future five -acre lot. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Evan A. Wyatt Deputy Directoi EAW/cc Y_ cc: James Vickers, OakCrest Builders, Inc. Harrington Smith, Shawnee District Supervisor Ellen Murphy, Commissioner of Revenue Eric Lawrence, Zoning Administrator O:VAGENDASIAPPR_DEN.LIR\OAKCREST.REZ 107 North Kent Street • Winchester, Virginia 22601-5000 9 • COUNTY of FREDERICK May 29, 1998 Mr. Stephen M. Gyurisin G. W. Clifford & Associates, Inc. 200 N. Cameron Street Winchester, VA 22601 Department of Planning and Development 540/665-5651 FAX: 540/ 678-0682 RE: REZONING APPLICATION 008-98 OF OAKCREST BUILDERS, INC.; PIN 77-A-26 Dear Mr. Steve: 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 2.5 acres from B2 (Business General) to RA (Rural Areas), identified as PIN 77-A-26 in the Shawnee Magisterial District. The approval is contingent upon the dedication of land along West Parkins Mill Road (Route 644) for future right of -way improvements, as stated in Condition 1 of the Rezoning Application #023-89 proffer statement, being provided during the platting process for the future five -acre lot. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Evan A. Wyatt Deputy Directoi EAW/cc cc: James Vickers, OakCrest Builders, Inc. Harrington Smith, Shawnee District Supervisor Ellen Murphy, Commissioner of Revenue Eric Lawrence, Zoning Administrator 0;\AGENDAS1"PR_DEN.L7R\OAKCREST.REZ 107 North Kent Street - Winchester, Virginia 22601-5000 PC REVIEW DATE: 05/06/98 BOS REVIEW DATE: 05/27/98 REZONING APPLICATION #008-98 OAKCREST BUILDERS, INC. To Rezone 2.5 Acres from B2 (Business General) to RA (Rural Areas) District LOCATION: This property is located at the southwest quadrant of the intersection of Millwood Pike (Route 50) and West Parkins Mill Road (Route 644). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBERS: 77-A-26 PROPERTY ZONING & PRESENT USE: Zoned: B2 (Business General) District Land Use: Residential; Vacant RA (Rural Areas) District Land Use: Residential; Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned: RA (Rural Areas) District Use: Residential; Vacant South: Zoned: RA (Rural Areas) District East: Zoned: RA (Rural Areas) District West: Zoned: RA (Rural Areas) District Use: Residential (Deerfield Estates) Use: Residential; Vacant Use: Residential; Vacant PROPOSED USE: Five -acre single-family residential lot REVIEW EVALUATIONS: Frederick -Winchester Health Dept.: The Health Department has no objections to the rezoning of this property provided that two conditions are met on the subdivision plat for this future five -acre tract. Please see letter from Doug Dailey dated April 20, 1998. Oakcrest Builders, Inc., REZ #008-98 Page 2 May 21, 1998 Public Works: We offer no comments at this time. Therefore, we recommend approval of the subject rezoning request. Planning & Zoning: 1) Site History The Board of Supervisors approved Rezoning Application #023-89 of Oakcrest Builders, Inc., on January 10, 1990 with proffers. This rezoning application created a split zoning on this 67.48-acre tract to create 23.23 acres of B2 (General Business) District and 44.25 acres of RA (Rural Areas) District land. A proffer statement was approved as a part of this rezoning application which contains eight conditions. Condition 1 calls for the dedication of land along West Parkins Mill Road (Route 644) for road improvements and Condition 7 states that the existing residence on this property will continue as the same use although a portion of the structure falls within the B2 (General Business) District land area. No development activity has occurred on this property since the approval of the rezoning application; therefore, Condition 7 is the only component of the proffer statement that has been implemented to date. 2) Location The property is located outside of the Frederick County Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA). The property is not included within an approved land use study area within the Comprehensive Policy Plan. 3) Site Suitability The 2.5-acre portion proposed for rezoning does not contain areas of flood plain or steep slope. The pond located on this acreage is identified on the National Wetlands Inventory map for Frederick County, and the site contains a small area of woodlands, as well as soils that are identified as prime agricultural. The Frederick County Rural Landmarks Survey does not indicate any structures of historical significance on or adjacent to this property, nor does it identify this site as a potential historic district. 4) Potential Impacts The rezoning of 2.5 acres of the 23.23 acres of B2 (General Business) District to RA (Rural Areas) District produces no significant impacts to this property or the immediate area. This proposal will not increase the amount of traffic generated from this site, nor will it increase capital costs to community facilities and services. Therefore, staff did not require the applicant to prepare a traffic Oakcrest Builders, Inc., REZ #008-98 Page 3 May 21, 1998 impact analysis for this rezoning application, nor did staff apply the Capital Facilities Impact Model to this proposal. 5) Proffer Statement The applicant did not submit a proffer statement for this rezoning application. Staff met with the County Attorney to review the eight conditions associated with Rezoning Application #023-89. The County Attorney did not feel that any addendums to this proffer statement were necessary based on this proposal. STAFF RECOMMENDATION FOR 05/06/98 PLANNING COMMISSION MEETING: The proposal to rezone 2.5 acres from B2 (General Business) District to RA (Rural Areas) District is for the purpose of creating a five -acre lot for the existing residential structure. This proposal will not create additional impacts from this property as the five acres cannot be further subdivided for additional residences. Staff believes that this rezoning proposal is appropriate provided that the dedication of land along West Parkins Mill Road (Route 644) for future right-of-way improvements, as stated in Condition 1 of the Rezoning Application #023-89 proffer statement, is provided during the platting process for the future five -acre lot. PLANNING COMMISSION SUMMARY & ACTION OF 05/06/98 MEETING: Members of the Commission inquired if the existing residence had an operative septic system. The applicant replied that septic system was inspected by the Health Department and was found to be in good operating condition. No other areas of concern were raised by the Commission. There were no public comments. The Planning Commission unanimously recommended approval of the rezoning contingent that all review agency comments are addressed. O:\AGEN DAS\REZONE\COMMENTS\OAKCItEST.REZ A ,1 138E 4 86 BC 5 70 'Af 8A 7? N G xp 66 69 7A � 137E 6A w E �q 6 137 q 0P t a 137 tg 5 5 5,a 137A 13g4 20A 67 137C 20 Dye 66 6 Pt. 64 137 21 64 6 .� A)rown g 137D John on P' Aran go y .7 D *? 22 va, • 49 g 36 136A G 4 3 ' 6AA rn of 5t 52 ht. a v4 64 30B R A 48 }° N6 136E 25 47 Shultz 56 56A 56C 1300 46 AAP C+ Bowen 44 56 43 FREDERICK 133 CLARKE 130 130C So vill e t3 40 10 14 36 g 35 Flet er 15 34 Baker/Fisher Do al son 7 7 17 �y 16 q +� ,8 6 — S W m' 129 2 4 3 3 1 4 °Ooq 29A 296 24 20 21 19 ti m N ae kip w 18 6 29 n 112 25 R 17 23 7 6 cif .h_ 113 128 8 i1 1 M'^ 16 1 10 9 -If Rezoning Rezoning #008-98 PIN: 77—A-26 Oakcrest Builders, Inc. Produced by Frederick County Planning and Development, 4-22-98 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Zoning Amendment Number Date Received PC Hearing Date 5 -7 BOS Hearing Date s r The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford & Associates Telephone: 540-667-2139 • Address: 200 N. Cameron Street, Winchester, VA 22601 Stephen M. Gyurisin 4/2/98 2. Property Owner (if different than above) Name: Oakcrest Builders, Inc.. Telephone: 540-667-4101 Address: 2055 Valley Avenue, Winchester, VA 22601 3. Contact person if other than above Name: Stephen M. Gyurisin Telephone: 540-667-2139 4. Checklist: Check the following items that have been included with this application. Location map X Agency Comments X Plat X Fees X Deed to property X Impact Analysis Statement N/A Verifying taxes paid X Proffer Statement N/A E • 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Oakcrest Builders, Inc. 6. A) Current Use of the Property: _ Existing Single Family Dwelling_ B) Proposed Use of the Property: Single Family Dwelling 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 77-A-20,21,22,23,24 & 25 Rural Residential RA is77-A-27 & 28 Agricultural RA 77-A-47, 48, 49 & 49A Rural Residential RA 77-A-8, 9,11 & 12 Rural Residential RA 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): Southeast auatfdrant of the intersection of 0 4/2/98 • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification # Magisterial District: Fire Service: Shawnee Greenwood Rescue Service: Greenwood 77-A-26 Districts _ High School: Tames Wood Middle School: Tames Wood Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 2.5 B-2 R-A Total Acreage to be Rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed - NONE Single Family Homes: Non -Residential Lots: Office: Retail: Townhomes: Mobile Home: Multi -Family: Hotel Rooms: Square Footage of Proposed Uses - N/A Restaurant: Service Station: Manufacturing: Warehouse: Other: • • 0 Adjoining Property Onwers 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 propoerty 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: Richard A. & Janet S. Dye 11310 Vale Road Oakton, Virginia 22124 Property # 77-A-20 Name: Ray D. & Betty M. Goover 1946 Airport Road Winchester, Virginia 22602 Property # 77-A-20A Name: Wallace H. & Mae E. Brown 1181 W. Parkins Mill Road Winchester, Virginia 22602 Property # 77-A-21 Name: Joseph B. Johnson, Jr. 1105 W. Parkins Mill Road Winchester, Virginia 22602 Property # 77-A-22 and 23 Name: Edward F. Golightly 1025 W. Parkins Mill Road Winchester, Virginia 22602 Property #77-A-24 Name: Randy M. & Karen D. Bowen 1058 W. Parkins Mill Road Winchester, Virginia 22602 Property #77-A-25 Name: Oakcrest Builders, Inc. 2025 Valley Avenue Winchester, Virginia 22601 Property #77-A-26 Name: Reginald Barnes Baker 1016 W. Parkins Mill Road Winchester, Virginia 22602 Property # 77-A-27 Mary Baker Fisher & 7E.& Mary B. 246 Bush Drive Winchester, Virginia 22602 Property # 77-A-28 0 0 • • Name and Property Identification Number Address Name: Horace A. & Curtiss W. Shultz 13615 116th Place, NE Kirkland, WA 98034 Property # 77-A-47 & 48 Name: Gregory & Florence J. Arango 110 E. Parkins Mill Road Winchester, Virginia 22602 Property # 77-A-49 Name: Robert D. W. Orndorff 3321 Millwood Pike Winchester, Virginia 22602 Property # 77-A-49A Name: Eugene W. & Mona G. Donaldson 215 Jackson Drive Winchester, Virginia 22602 Property # 77-4-8 Name: William L. Fletcher, Jr. 210 Jackson Drive Winchester, Virginia 22602 Property # 77-4-9 Name: Juanita W. Fletcher 4 Euclid Avenue Winchester, Virginia 22601 Property # 77-4-10 Name: Bruce L. & Donna R. Saville 180 George Drive Winchester, Virginia 22602 Property # 77-4-11 Name: Edward T. & Cindy C. Nail 130 George Drive Winchester, Virginia 22602 Property # 77-4-12 Name Property # Name Property # Name Property # Name Property # Name Property # 0 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): LQ-[/L--t Date: C4 Ue C511 Date: • Owner(s): �% Date: Date: 0 14 76 FREDERICK COUNTY 65 77 / (C20-(A)-1) \ N � GENE I (C20-(A)-13) .� (c20-(a)-12) u � (C20-(A)-14) Jam' 20A 67 / 61 20 66 6 62 �1 �� 64 ° 63 (C20-(A)-16) 23 22 6ph 49. 9 4 24 Mai a 51 52 '� d f °o. PM` 14458 pdewu` g?. 5�q o Sg `M•'< 48 33� is 3J0 47 56 56A 56C 56 57 25 46 t 01 44 56 / 76 26 12 a 45 43 FREDERICK 4 CLARKE svt 11 13 1401 (C20-(A)-28) 10 14 36 g 5 � O8 4 15 34 A.7a-356 27 6° 1aF d 1 �ry / (C20-(A)-21) 28 m' 5 2 4 m 3 o y, titi co 29A ►? o� 298 r 15 6 40 29 HOC 17 23 7 ° p K 8 ° �6 (C20-(A)-25) 12 5-4 13 1 �'6 RJr 0 9 i9n S•• 76 — (3) — 14 j / (C20-(A)-26) a� 0 r ;I • SCALE IN FEET 600 0 600 1200 1800 2400 - 200 0 200 +0o am DISTRICT 2- 93 SECTION 77 Sewage Disposal System Construction Permit PAGE OF ommonwealth of Virginia Health Department epartment of Health a Identification Number "--Ice Health Department Map Reference rl General Information New Repair ❑ Expanded ❑ Conditional ❑ FHA ❑ VA ❑ Case No. Based on the application for a sewage disposal system construction permit filed in accordance with Section 3.13.01, @@....j�w�struc ion rmit is hereby issued to: Owner �J_,m r Pe.<-, Teleph e 7'�j -q/cc ex- -. 12-/ 1 Address �-'�'� - 1 t Fora Type Sewa e d sposal system which is to be constructed Subdivision Section/Block Lot Actual or estimated water use 6/b6-- — Li 1)1NX. DESIGN NOTE: INSPECTION RESULTS Water supply, existing: (describe) Water supply location: Satisfactory yes ❑ no ❑ comments G. W. 2 Received: yes ❑ no ❑ not applicable ❑ To be installed: class '% cased :�M grouted Buildings war: Building sewer: yes ❑ no ❑ comments I.D. PVC 40, or equivalent. Satisfactory Slope 1.25" per 10' (minimum). ❑ Other Septic tank: Capacity 412400 gals. (minimum). Pretreatment unit: yes ❑ no ❑ comments ❑ Other Satisfactory Inlet -outlet structure: - - Inlet -outlet structure: yes ❑ no ❑ comments PVC 40, 4" tees or equivalent. Satisfactory ❑ Other 1, a• Pump and pump station: .' pump pump station: yes" do ❑ comments No X Yes ❑ describe and show design. Satisfactory if yes: Gravity mains: 3" or larger I.D., minimum 6" fall per Conveyance method: yes ❑ no ❑ comments 100', 1500 lb. crush strength or equivalent. Satisfactory ❑ Other Distribution box: Precast Distribution box: yes ❑ no ❑ comments concrete with ports. Satisfactory ❑ Other Header lines: Header lines: yes ❑ no ❑ comments Material: 4" I.D. 1500 lb. crush strength plastic or equiva- Satisfactory lent from distribution box to 2' into absorption trench. Slope 2" minimum. ❑ Other Percolation lines: Percolation lines: yes ❑ no ❑ comments Gravity 4" plastic 1000 lb. per foot bearing load or Satisfactory equivalent, slope 2" 4" (min. max.) per 100'. ❑ Other Absorption trenches: S Absorption trenches: yes ❑ no ❑ comments Square ft. required 112 : depth from ground surface Satisfactory to bottom of trench l�` -'� ; aggre ate size ' ., - �� . Trench bottom slope �� ` !� �1/ center to center spacing _IL trench width �' Date Inspected and approved by: Depth of aggregate L�, Trench length_L—; Number of trenches Sanitarian C H S 202A Revised 6154 11-2 0 • u V. • • Health Department Identification Number Sh-M-3354 Schematic drawing of sewage disposal system and topographic features. PAGE —OF z Show the lot lines of the building lot and building site, sketch of property showing any topographic features which may impact on the design of the system, all existing and/or proposed structures including sewage disposal systems and wells within 100 feet of sewage disposal system and reserve area. The schematic drawing of the sewage disposal system shall show sewer lines, pretreatment unit, pump station, conveyance sys- tem, and subsurface soil absorption system, reserve area, etc. When a nonpublic drinking water supply is to be located on the same lot show all sources of pollution within 100 feet. ❑ The information required above has been drawn on the attached copy of the sketch submitted with the application. Attach additional sheets as necessary to illustrate the design. C�wEti ID WA / fffL-P S- ems' A-,N.!-s Tv ccRS. / vti 7e W Ic-L ?2=8 - SSo Karr Via' t F,Q� 7iC07'� 7'v/YIC . °O�evcR Dosf TD W I M—NO SMP _7 ItNri M V. fc*..ait !.� r.¢ to,, 7-b S C.%9 The sewage disposal system is to be constructed as specified by the permit (E�'or attached plans and specifications ❑ . This sewage disposal system construction permit Is null and void If (a) conditions are changed from those shown on the application (b) condi- tions are changed from those shown on the construction permit. KT. so a No part of any Installation shall be covered or used until inspected, corrections made if necessary, and approved, by the local health department or unless expressly authorized by the local health dept. Any part of any installation which has been covered prior to approval shall be uncov- ered, If necessary, upon the direction of the Department. Date: Issued by: W This Construction • — Sanitarian Per it Aid until Date: Reviewed by: Supervisory Sanitarian If FHA or VA financing Reviewed by Date Date Supervisory Sanitarian R gional Sanitarian t AMENDMENT Action: PLANNING COMMISSION: Recommended Approval on Ma6, 1998 BOARD OF SUPERVISORS: Approved Ma�27, 1998 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP Rezoning #008-98 of OakCrest Builders WHEREAS, Rezoning #008-98, OakCrest Builders, Inc., submitted by G. W. Clifford and Associates, Inc., requested to rezone 2.5 acres from to B2 (Business General) to RA (Rural Areas) District. This property is located at the southwest quadrant of the intersection of Millwood Pike (Route 50) and West Parkins Mill Road (Route 644); and is identified with Property Identification Number 77-A-26 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 2.5 acres from to B2 (Business General) to RA (Rural Areas) District as described by the application and plat submitted. PDRes # 16-98 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 W. Harrington Smith, Jr. Charles W. Orndoff, Sr. O:\AGENDAS\REZONE\RLSOLUTN\OAKCREST.RES Richard C. Shickle Margaret B. Douglas Robert M. Sager A COPY ATTEST John R. Riley, Jr. Frederick County Administrator 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 #008-98 of OakCrest Builders WHEREAS, Rezoning #008-98, OakCrest Builders, Inc., submitted by G. W. Clifford and Associates, Inc., requested to rezone 2.5 acres from to B2 (Business General) to RA (Rural Areas) District. This property is located at the southwest quadrant of the intersection of Millwood Pike (Route 50) and West Parkins Mill Road (Route 644); and is identified with Property Identification Number 77-A-26 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 2.5 acres from to B2 (Business General) to RA (Rural Areas) District as described by the application and plat submitted. PDRes H 16-98 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 O:\AGENDAS\REZONE\RESOLVIN\OAKCREST.RES Richard C. Shickle Aye Margaret B. Douglas Aye Robert M. Sager Aye A COPY ATTEST Jo ey, Jr. Frederick County AM ' 'strator 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 Richard C. Shickle Aye W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye Charles W. Orndofl� Sr. Absent Robert M. Sager Aye A COPY ATTEST a-a",4 Jo ' ey, Jr. Frederick County AdLnistrator (NOTE: THERE WAS NO PROFFER FOR THIS REZONING 1008-98. Please refer to Rezoning Number 1023-69) 0.\AGENDAS\RFZONE\RESOLUTN\OAKCREST.RES 4 e e: P S-T R c Z 05/06/1996 13:05 5406650493 G W CLIFFORD & ASSCO PAGE 02 i ord Fairfax Environmental Health District 107 N. Kent St. P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of- Oarke, Frederick, Page, Shenandoah, Warren, and City of Winchester April 24, 1999 Stephen Gyurisin 200 N . Cameron S t. Winchester, VA 22601 Re: Tax Map # 77-A-26, rezoning request Dear Mr. Gyruisiti: The existing sewage disposal system serving the brick home on the subject property was evaluated on Apri! 16, 1998. No sewage was found on the ground surface in the area of the drainfield indicating that the system was apparently not malfimctioning. Therefore, the health dehartr,ent has no objection to the proposed rezoning as specified in the application. Please contact me with any questions at 722-3478. Sincerely, ff�. --eL- Karl Evans, Environmental Health Supervisor Lord Fairfax Environmental Heap District 107 N. Kent St. P. O. Box 2056 Winchester, Virginia 22604 (540) 722-3480 FAX (540) 722-3479 Counties of Clarke, Frederick, Page, Shenandoah, Warren, and City of Winchester April 20, 1998 Stephen Gyurisin 200 N. Cameron St. Winchester, VA 22601 Re: Tax Map # 77-A-26; rezoning request Dear Mr. Gyruisin: The existing sewage disposal system serving the brick home on the subject property was evaluated on April 16, 1998. No sewage was found on the ground surface in the area of the drainfield indicating that the system was apparently not malfunctioning. Therefore, the health department has no objection to the proposed rezoning as outlined in the application as long as the following conditions are met: 1) The property line is to be clearly marked on site in the area of the drainfield to verify that the existing sewage disposal system is on the proposed five acre parcel. If there is any question about the location of the system relative to the property line, portions of the system may have to be uncovered. 2) An easement for possible future repair of the system by means of a discharging sewage disposal system is to be shown on the final plat. This easement must be in perpetuity, specified for "treated sewage effluent", and include the area 25 feet on either side of the channel that runs from the pond to the right of way of Route 50. Please contact me with any questions at 722-3478. Sincerely, Doug Dailey, Frederick -Winchester Health Department F 0 fIa 0 • Rezoning Comments Frederick County Department of Public Works Mail to: Hand Deliver to: Frederick County Dept of Public Works Frederick Co. Dept of Public Works Attn: Director of Engineering Attn: Director of Engineering 107 N. Kent Street Winchester, Virginia 22601 (540) 665-5643 107 N. Kent Street Winchester, Virginia Applicant's Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 465-8608 Mailing Address: c/o Stephen M. Gyurisin (4/6/98 ) 200 N. Cameron Street Winchester, Virginia 22601 Location of property: Southeast corner of U.S. Route 50 east & Route 644 (Parkins Mill Road). (see attached plat) Current zoning: B-2 Zoning requested: RA Acreage: 2.5 Department of Public Work's Comments: A-/ o Grr. a--- + ki Public Works Signature & D Kl7/qg Notice to Devt. of Public Works - Please Return This Form to Applicant 9� Ilkl?i Rezoning Comments Frederick -Winchester Health Department Mail to: Frederick -Winchester Health Dept. Attn: Sanitary Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand Deliver to: Frederick -Winchester Health Dept. Attn: Sanitary Engineer 107 North Kent Street, Suite 201 Winchester, Virginia Applicant's Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 465-8608 Mailing Address: c/o Stephen M. Gyurisin (4/6/98 ) 200 N. Cameron Street Winchester, Virginia 22601 Location of property: Southeast corner of U.S. Route 50 east & Route 644 (Parkins Mill Road). (see attached plat) Current zoning: B-2 Zoning requested: RA Acreage: 2.5 Frederick -Winchester Health Department's Comments: Health Department Signature & Date: 11 Notice to Health Department - Please Return This Form to Applicant I Oakcrest Builders, Inc. Rezoning Request B-2 to RA 2.5 Acres - T/M 77-A-26 Shawnee Magisterial District Review of Impact Analysis Statement Components Purpose - The purpose of this rezoning request is to reduce the zoning on 2.5 acres of Business General (B-2) to Rural Area (RA) for the creation of a five (5) acre single family lot zoned entirely RA. Background - Currently the property consists of 67.2689 acres with 44.1299 acres zoned RA and 23.1390 acres zoned B-2. The zoning district boundary splits the property. Located on the property is an older single family home with the home also split between the two zoning district categories. The home is served by an existing on -site septic and well system. The B-2 portion of the property was zoned in 1989 and proffers provided that the home • continue as a residential use (proffer #7). A copy of the proffers are attached. The owners wish to create a five (5) acre residential lot for the existing home and have the lot zoned RA. Location - The property is located in the southeast quadrant of the intersection of US Route 50 (Millwood Pike) and Va. Sec. Route 644 (Parkins Mill Road). The 2.5 acre portion requested to be zoned RA is approximately 600' from the intersection along the south side of Route 644. See attached plat. Site Suitability - The site is suitable for RA zoning. A small existing pond is planned to remain. There are no flood plains, wetlands, steep slopes, woodlands, prime agricultural soils or soil conditions existing on the 2.5 acre area requested for RA zoning that create a developmental concern. The existing pond, planned to remain is approximately 25,000 square feet in size. Surrounding Properties - The use of the surrounding properties are rural in nature with large lot single family homes. The requested RA zoning is compatible with surrounding land use categories. Traffic - There are no traffic impacts associated with the requested RA zoning. The single family home is existing and no new homes or traffic generators are proposed. 0 gilbert w. clif ford & associates, inc. 6 1 Review of Impact Analysitatement Components Page 2 LJ Sewage Conveyance and Treatment - The existing home is serviced by an on -site septic system. Subdivision of the proposed five (5) acre lot will require that all Health Department standards are fulfilled. Water Supply - The existing home is serviced by an on -site well. Subdivision of the proposed five (5) acre lot will require that all Health Department standards are fulfilled. Drainage - The 2.5 acre area requested to be rezoned RA drains generally to the south to the existing pond. Runoff potential due to development will be reduced since this portion of the site will not be commercially developed. Down stream impacts are potentially reduced with the zoning change. An onsite storm water management facility is proposed for the 20.6390 acre B-2 portion of the property. The requested rezoning will not impact the ability to provide onsite stormwater management for the commercial, B-2 portion of the site. Solid Waste Disposal Facilities - There are no impacts since there are no additional homes proposed. • Historic Sites and Structures - A review of the County's plans and historic resource documents indicates that the 2.5 acre area to be rezoned contains no known historic sites or structures. Impacts on Community Facilities - This is not applicable in a "down zoning" request such as this from B-2 to RA. Other Impacts - There are no other impacts associated with the rezoning request. Proffers - Proffers as approved with the original B-2 zoning would remain intact for the 20.6390 acres. There are no proffers suggested for the 2.5 acre area requested for RA zoning. 0 gilbert w. cli f ford & associates, inc. / 7 65CC 644 rl °f /\—,Ro S/✓T� OUN reville �o DEERFTI D ES_ S S ttq 0 cy 5 DU IN GE 644 i DU C I A M c'l- � 44 VICINITY MAP OLD APPROVED BY VIRGINIA DEPARTMENT OF TRANSPORTATION FREDERICK COUNTY PLANNING COMMISSION •I SUBDIVISION ADMINISTRATOR DATE - DATE DATE OWNER'S CONSENT THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF OAKCREST BUILDERS, INC., AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. NOTARY PUBLIC 1, , A NOTARY PUBLIC IN AND FOR THE STATE OF VIRGINIA, AT LARGE, DO CERTIFY THAT WHOSE NAME IS SIGNED TO THE FOREGOING OWNER'S CONSENT, HAS ACKNOWLEDGED THE SAME BEFORE ME IN MY STATE. GIVEN UNDER MY HAND THIS MY COMMISSION EXPIRES DAY 51-IRVEYOR'5 CERTIFICATE , 19 • 1 HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL PLAT OF SUBDIVISION IS THE LAND CONVEYED TO OAKCREST BUILDERS, INC., BY DEED DATED 5 JULY 1989, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 718 AT PAGE 687. �.i. �v. 7?_ A_ 2C ZONED: RA/82 USE: AGRICULTURAL/UNDEVELOPED COMMERCIAL S �I,TH OF P 0 9 DOUGLAS C. LEGGE No. 001127 DOUGLAS C. LEGGE, L.S. FINAL FLAT OF 5UBDIV1510N OF THE LAND OF OAKCRE5T 13UILDER5, INC. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 31 MARCH 1998 1 COVER SHEET I SHEET 1 OF 2 MARSH & LEGGE FP -OAK Land Surveyors, P.L.C. _ 139 North Ciiiwon Street Plinchester, Vb7ft a 22601 (540) 667-0468 Fax (540) 667-0469 • • Y A, 5�G 44 '0 p, W �° 5.3U 5 STRIP HEREBY DEDICATED TO FREDERICK CO. I� FOR FUTURE ROAD WIDENING (X\ (0.2057 ACRES) 20 INGRESS/EGRESS EASEMENT r1 P.I.N. 77-A-26B 41,6299 ACRES ZONED: RA �J2 0 150 300 600 Graphic Scale in Feet 1 "= 300' ,q,N H of y r o U y DOUGLAS C. LEGGE No. 001197 O� \ ►6gb5 77-A-26 EXISTING 5.0000 F� bWEWNG I ACREC !Q w CV 1 PO ID I z y 62!EjV 161547 3 �I zl CY x Od NV�,•'445 r,�27" E N 7P0481�' S 69°4932' E I 7.93' P.I.N.77-A-26A 20.6390 ACRE5 ZONED: B2 S 20°51'36" E 67W � / N / Q I CD N I NOTES: 1. NO TITLE REPORT FURNISHED. 2. EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. QRYE TABLE CURYE RADIUS LENGTH TANGENT CHORD BEARING DELTA C1 295.001 20.96' 10.49 20.96' N 89'2556" E 04*0416" C2 6%b9' 289.20' 146.98' 286.86' N 74'4642" E 251410" C3 661W 291.39 148,10' 289.04' 5 74'4643" W 2514'07' C4 300-Ore 1956' 978' 19 5' 5 59^ 552 iai n3.�d.nv FINAL PLAT OF 5U131-)IVI51ON OF THE LAND OF OAKCRE5T BUILDER5, INC. SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 31 MARCH 1998 1 SCALE: 1 "=300' I SHEET 2 OF 2 MARSH & ILEGGE FP —OAK _ Land Surveyors, F.L.C. 139 North Cameron Street Winchester, Vtrj" 22601 (540) 667-0468 Fox (540) 667-0469 • 0 r DO I BPG687 THIS DEED made and dated this 2 lday of - V L-- 1969, by and between MARGARET P. DANNZR, Widow, hereinafter referred to as the Grantor; and OfKCREST BUILDERS, INC., hereinafter referred to as the Grantee. v1HEREAS: The hereinafter described property was conveyed to Curtis W. Danner and Margaret P. Danner by deed dated June lu, 1957, of record in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, in Deed Book 247, Page 15Y, as tenants by the entirety with common law right of survivorship. WHEREAS: Curtis W. Danner predeceased Margaret P. Danne , having dieu on August 7, 1986. WITNESSETH: That for and in consideration of the sum of Ten MU.Ou) Dollars, and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantor loth hereby grant and convey, with general warranty of title, in fee sis:ple, unto the Grantee, all of that certain parcel of land, lying and being situate on the South side of Parkins hill Road and on the West side of U.S. Rt. 50, Shawnee Magisterial District, Frederick County, Virginia, containing 67.4757 acres, more particularly described by that certain plat and survey dated June 7, 1989, prepared by Douglas C. Legge, C.L.S., hereto attached and by this reference made a part of this deed; and being a portion of the same property conveyed to Curtis W. Danner and Aargarst P. Danner by deed of llournoy L. Largent, Jr., Trustee, dated June 10, 1957, of record in the aforesaid Clark's Office in Deed Uook 247, Pago 158; LESS AND EXCEPT UONEVEA that certain Deed of Easement dated July S, 1989, of record in the aforesaid Clerk's Office in Deed Book ZLt , Page (,�_. • 8K718PC688 This conveyance is made subject to all duly recorded and :nforceable restrictions, reservations, easements and rights of +ay affecting the aforesaid realty. WITNESS the following signature and seal: 1 (SEAL) MARGrT P. DANNER STATE OF VIRGIN1jIA,/At Large L' OP LLl :.4r�1r� , to -wit: The forogoing instrument was acknowledged before me this day of j../T, 1989, by Margaret P. Danner, Widow. r My commission expires 7�/„ Notary Pill, is , 11YAS COMMISSIONED C tL F.�S_^CU - 2 - 01 • • nX7IlrrlZAQ • VA SECONOARy ROUTE 644 Ar7rrot7fr f -nw f,;, (40r a7Yls�"+w OUT 67.4757 - ACRES ttswios-ra ssr 8 rass-s7A A I• rch NCO Fo to �1 C FICH Am arr D VDH "0NULp fT ammlal RAD4J3 . ZM Op ARc . 2m.W C440RO.mw CK GEARM . wnMxt QZUL= RAONs - &S&W ARC . 2w V CK GIARM . w.vgaM ► OTEs No T*o R.M Arrr.rw 2. frrowq ftt*d w tv.�w �nd�or am or cowwwo. a• 9--y-e ►4y I& left SURVEYOR'S CERT(FlCATE Is as +b y ow* Ud Mr WW daaipnawd u Tu kUp 77 pwcaf 2$ rapsaaNad by t i, plat 00 nmainiV W4 drvi.ad by Win to h{VI&M P. Dwuwr and nKwr read• of Fsd-kk County. VkgW& in WiM Boot UO at PaQ0 29.4 and mu kftm&bm Mason i. Cwd upon an SGWW Mid wrrvy and Mrs as no arxroacMwnat unlaaa afown Ila '. R� BOUNDARY SURVEY :2 .. R3 OF THE LAND OF �:�i G lMiE MARGARET P. DANNER lla v p In WILL BOOK 90 - PAGE 294 ►z- SHAWNEE MAGfSTEMAL DWMCT ��Ac3 x DERc COLWTY. v+rlM wao JUNE 7. 196$ �Ey--4001 a y - tl fi�w w aiff�y� .r+i+� r • • • T A X R E C E I P T - Y E A R COUNTY OF FREDERICK C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604 1997 R.E.TAXES 67.48 ACRES 77 A Acres: 19979 7 Ticket #:00230890002 @@ Date : 12/04/1997 Register: LBX/XJ Trans. #: 23524 Dept # RE199702 ACCT# 24455 Previous Principal 26 Balance $ 608.15 67.48 Principal Being Paid $ 608.15 Land: 147453 Imp: 58700 Penalty $ .00 Interest $ .00 OAKCREST BUILDERS, INC. Amount Paid $ 608.15 *Balance Due 2023 VALLEY AVE as of 12/04/1997$ .00 WINCHESTER, VA. 22601 2751 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) 0 0 0 0 gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers N Surveyors N Land Planners N Water Quality April 7, 1998 Mr. Evan Wyatt Frederick County Planning Department 107 N. Kent Street Winchester, Virginia 22601 Re: Rezoning Request from B-2 to RA for 2.5 Acres, Tax Map # 77-A-26 Shawnee Magisterial District Dear Evan: Thank you for meeting with me regarding our "down zoning" request. I have enclosed application materials, a review of the impact statement items and fee as application for the request. I believe these items adequately address your needs to process this rezoning request for the May 6, 1998 Planning Commission meeting. Should you require any additional information, please call. Sincerely, ephen M. Gyurisin attachments cc: Mr. Jim Vickers, Oakcrest Builders, Inc. Mr. Doug Legge, L.S., Marsh & Legge Land Surveyors 200 North Cameron Street, Winchester, Virginia 22601 Phone: (540) 667-2139 Fax: (540) 665-0493 Member American Consulting Engineers Council z , L5 t • FAX TRANSMISSION FREDERICK COUNTY PLANNING DEPARTMENT 107 North Kept Street Wlnchester,VA 22601 15401665-5651 Fax:15401678-0682 To: Stephen M. Gyurisin Date: March 27, 1998 Fax ##: (540) 665-0493 Pages: 3, including this cover sheet. From: Evan A. Wyatt Subject: Rezoning Application Proffers for Oakcrest Builders, Inc. - P.I.N. 77-A-26 COMMENTS: Steve: Please contact me if you have any questions regarding this information. Have a good weekend! _1% 0 AMENDED REZONING PROFFER APPLICATION DATE: October 31, 1989 APPLICANT: Oakcrest Builders, Inc. 2023 Valley Avenue Winchester, Virginia 22601 PROPERTY: 23.2282 Acres at Route 644 and U.S. of U.S. Route 50 Shawnee District, REQUESTED ZONING: From RA to B-2 ZONING REQUEST NO: 023-89 the intersection of State Route 50, on the West side and South side of S.R. 644 Frederick County, Virginia The undersigned, sole owner of the land to be rezoned under Zoning Request No. 023-89, referred to as the Oakcrest Builders, Inc. Rezoning Application and the Applicant for said rezoning, hereby voluntarily proffers the following conditions. The conditions proffered shall be binding upon the assigns and successors in interest of the Applicant/Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set ( forth in the Frederick County Code: 1. The Applicant will dedicate an additional strip of land along the eastern boundary of Route 644 to the Commonwealth of Virginia, which strip of land is set forth and shown on the plat of the subject property prepared, by Gilbert W. Clifford & Associates, Inc. and submitted with the Rezoning Application. Said plat is incorporated herein by reference as if set out in full. Said strip of land may be used for highway purposes as future needs require. 2. That the only permitted uses for said property under the B-2 zoning would be for offices and uses in connection with the acquisition, development, construction and sales of real estate, together with the incidental and accessory uses incident thereto. 3. That all uses on site shall have vehicular access to Route 644 and not more than one entrance onto Route 50. 4. That the parking of heavy equipment used in the construction business shall not be a permitted use of the premises, provided, however, that company trucks not to exceed one -ton capacity shall be allowed hereunder. ;U . I 5. That the office building which the Applicant shall erect initially on the subject property shall be in substantial conformity as to matters of design and appearance with that certain artist rendering drawn by John T. Massie Landscape and Design and filed with the Department of Planning and Zoning, with the exterior of said building to be primarily brick. 6. That no additional off -site drainage, except onto the Route 50 corridor, shall be created by any such improvements erected or constructed on the premises by Applicant. 7. That the existing dwelling house located on the premises, situate on the Southern boundary of the 23.2282 tract, which the Applicant petitions to have rezoned to B-2, shall continue as a residential use even though a portion of said dwelling house falls within the proposed B-2 zoning classification. 8. That the applicant will plant a row of white pine trees 2' to 4' in height along the eastern boundary of the property sought to be rezoned (960' boundary line adjacent to Deerfield Estates), which trees shall be planted in a staggered row and distanced 10' apart. DATE: December 29, 1989 Respectfully submitted, OAKCREST BUILDERS INC., By //J1 ES T.'VICK RS, PRESIDENT OWNER AND APPLICANT xc: Lawrence R. Ambrogi, County Attorney 2 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 678-0682 May 13, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #008-98 OF OAKCREST BUILDERS, INC. 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 #008-98 of Oakcrest Builders, Inc., submitted by G. W. Clifford and Associates, Inc., to rezone 2.5 acres from B2 (Business General) to RA (Rural Areas) District. This property is located at the southwest quadrant of the intersection of Millwood Pike (Route 50) and West Parkins Mill Road (Route 644); and is identified with Property Identification Number 77-A-26 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 107 North Kent Street • Winchester, Virginia 22601-5000 oa r c re s 1-- This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 77 - A- - 26- OAKCREST BUILDERS, INC. 2023 VALLEY AVE WINCHESTER, VA. 22601.2751 77 - A- - 20- DYE, RICHARD A. & JANET S. 11310 VALE RD OAKTON, VA. 22124.1301 77 - A- - 20-A HOOVER, RAY D. & BETTY M. 1946 AIRPORT RD WINCHESTER, VA. 22602.4516 77 -A- - 21- BROWN, WALLACE H. & MAE C. 1181 W PARKINS MILL RD WINCHESTER, VA 22602-4754 77 - A- - 22- JOHNSON, JOSEPH B. JR. 1105 W PARKINS MILL RD WINCHESTER, VA. 22602.4754 77 - A- - 25- BOWEN, RANDY M & KAREN D 1050 W PARKINS MILL RD WINCHESTER, VA 22602.4742 Gilbert W. Clifford & Assoc. Attn: Steve Gyurisin 200 N. Cameron Street Winchester, VA 22601 77 - A- - 27- BAKER, REGINALD BARNES 1016 W PARKINS MILL RD WINCHESTER, VA. 22602.4742 77 - A- - 28- FISHER, MARY BAKER & GENE E & MARY B FISHER 246 BUSH DR WINCHESTER, VA 22602.4600 77 - A- - 24- GOLIGHTLY, EDWARD F. 1025 W PARKINS MILL RD WINCHESTER, VA. 22602.4753 Evan A. Wyatt, D ty Director Frederick Co. PlanAng Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, a Notary Public in and for the State and County aforesidd, do hereby certify that Evan A. Wyatt, Deputy Director, for the Department of Planning and Development, whose name is signed to the foregoing, dated 8 _, has personally appeared before me and acknowledged the same in my State 6iid County aforesaid. Given under my hand this., — day of My commission expires on Otyw� .1 . 77 - A- - 47- SHULTZ, CURTISS W 13615 116TH PL NE KIRKLAND, WA 98034.2154 77 - A- - 49- ARANGO, GREGORY & FLORENCE J 110 E PARKINS MILL RD WINCHESTER, VA 22602.4658 77 - A- - 49-A ORNDORFF, ROBERT D W 3321 MILLWOOD PIKE WINCHESTER, VA 22602.4655 77 -4- - 8- DONALDSON, EUGENE W & MONA G 215 JACKSON DR WINCHESTER, VA 22602.4622 77 -4- - 9- FLETCHER, WILLIAM L. JR. 210 JACKSON DR WINCHESTER, VA. 22602.4622 77 -4- - 10- FLETCHER, JUANITA W 4 EUCLID AVENUE WINCHESTER, VA 22601 77 -4- - 11- SAVILLE, BRUCE L. & DONNA R. 180 GEORGE DR WINCHESTER, VA 22602.4619 77 -4- - 12- NAIL, EDWARD T & CINDY C 130 GEORGE DR WINCHESTER, VA 22602-4619 M' COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/678-0682 M IfICArl ON Of PUBLIC .11SAI I G, April 22, 1998 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #008-98 OF OAKCREST BUILDERS, INC. 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 9008-98 of Oakcrest Builders, Inc., submitted by G. W. Clifford and Associates, Inc., to rezone 2.5 acres from to B2 (Business General) to RA (Rural Areas) District. This property is located at the southwest quadrant of the intersection of Millwood Pike (Route 50) and West Parkins Mill Road (Route 644); and is identified with Property Identification Number 77-A-26 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 107 North Kent Street • Winchester, Virginia 22601-5000 • 0 This i to certify that the attached correspondence was mailed to the following on -2.2 _/? w from the Department of Planning and Development, Frederick Coun , Virginia: 77 - A- - 24- 77 - A- - 26- GOLIGHTLY, EDWARD F. OAKCREST BUILDERS, INC. 1025 W PARKINS MILL RD WINCHESTER, VA. 22602.4753 2023 VALLEY AVE WINCHESTER, VA. 22601.2751 77 - A- - 20- DYE, RICHARD A. & JANET S. 11310 VALE RD OAKTON, VA. 22124.1301 77 - A- - 20-A HOOVER, RAY D. & BETTY M. 1946 AIRPORT RD WINCHESTER, VA. 22602.4516 77 -4- - 12- NAIL, EDWARD T & CINDY C 130 GEORGE DR WINCHESTER, VA 22602.4619 77 - A- - 21- BROWN, WALLACE H. & MAE C. 1181 W PARKINS MILL RD WINCHESTER, VA 22602-4754 77 - A- - 22. JOHNSON, JOSEPH B. JR. 1105 W PARKINS MILL RD WINCHESTER, VA. 22602.4754 STATE OF VIRGINIA COUNTY OF FREDERICK 77 - A- - 25. BOWEN, RANDY M & KAREN D 1058 W PARKINS MILL RD WINCHESTER, VA 22602.4742 77 - A- - 27- BAKER, REGINALD BARNES 1016 W PARKINS MILL RD WINCHESTER, VA. 22602.4742 77 - A- - 28- FISHER, MARY BAKER & GENE E & MARY B FISHER 246 BUSH DR WINCHESTER, VA 22602.4600 L-4n Evan A. Wyatt, De ty Director Frederick Co. Planet g Dept. I, &�n f-)Inn 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 LA - C9(9.98 has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this SDjUn day of - j n My commission expires on 6MR q�q —NO ARY PUBLIC 0C1KGrut �L 77 - A- - 47- SHULTZ, CURTISS W 13615 116TH PL WE KIRKLAND, WA 98034.2154 77 - A- - 49- ARANGO, GREGORY & FLORENCE J 110 E PARKINS MILL RD WINCHESTER, VA 22602.4658 77 - A- - 49-A ORNDORFF, ROBERT D W 3321 MILLWOOD PIKE WINCHESTER, VA 22602.4655 77 -4- - 8- DONALDSON, EUGENE W & MONA G 215 JACKSON DR WINCHESTER, VA 22602.4622 77 -4- - 9. FLETCHER, WILLIAM L. JR. 210 JACKSON OR WINCHESTER, VA. 22602-4622 77 -4- - 10- FLETCHER, JUANITA W 4 EUCLID AVENUE WINCHESTER, VA 22601 77 -4. - 11- SAVILLE, BRUCE L. & DONNA R. 180 GEORGE DR WINCHESTER, VA 22602.4619 Gilbert W. Clifford & Assoc. Attn: Steve Gyurisin 200 N. Cameron Street Winchester, VA 22601 AMENDED REZONING PROFFER APPLICATION DATE: October 31, 1989 APPLICANT: Oakcrest Builders, Inc. 2023 Valley Avenue Winchester, Virginia 22601 PROPERTY: 23.2282 Acres at the intersection of State Route 644 and U.S. Route 50, on the West side of U.S. Route 50 and South side of S.R. 644 Shawnee District, Frederick County, Virginia REQUESTED ZONING: From RA to B-2 ZONING REQUEST NO: 023-89 The undersigned, sole owner of the land to be rezoned under Zoning Request No. 023-89, referred to as the Oakcrest Builders, Inc. Rezoning Application and the Applicant for said rezoning, hereby voluntarily proffers the following conditions. The conditions proffered shall be binding upon the assigns and successors in interest of the Applicant/Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. The Applicant will dedicate an additional strip of land along the eastern boundary of Route 644 to the Commonwealth of Virginia, which strip of land is set forth and shown on the plat of the subject property prepared by Gilbert W. Clifford & Associates, Inc. and submitted with the Rezoning Application. Said plat is incorporated herein by reference as if set out in full. Said strip of land may be used for highway purposes as future needs require. 2. That the only permitted uses for said property under the B-2 zoning would be for offices and uses in connection with the acquisition, development, construction and sales of real estate, together with the incidental and accessory uses incident thereto. 3. That all uses on site shall have vehicular access to Route 644 and not more than one entrance onto Route 50. 4. That the parking of heavy equipment used in the construction business shall not be a permitted use of the premises, provided, however, that company trucks not to exceed one -ton capacity shall be allowed hereunder. J 5. That the office building which the Applicant shall erect initially on the subject property shall be in substantial conformity as to matters of design and appearance with that certain artist rendering drawn by John T. Massie Landscape and Design and filed with the Department of Planning and Zoning, with the exterior of said building to be primarily brick. 6. That no additional off -site drainage, except onto the Route 50 corridor, shall be created by any such improvements erected or constructed on the premises by Applicant. 7. That the existing dwelling house located on the premises, situate on the Southern boundary of the 23.2282 tract, which the Applicant petitions to have rezoned to B-2, shall continue as a residential use even though a portion of said dwelling house falls within the proposed B-2 zoning classification. 8. That the applicant will plant a row of white pine trees 2' to 4' in height along the eastern boundary of the property sought to be rezoned (960' boundary line adjacent to Deerfield Estates), which trees shall be planted in a staggered row and distanced 10' apart. DATE: December 29, 1989 Respectfully submitted, OAKCREST BUILDERS INC., By ES T. VICKERS, PRESIDENT OWNER AND APPLICANT xc: Lawrence R. Ambrogi, County Attorney 2 � s Oakcrest Builder , Inc. Rezoning Request Tax Map #77-A-26 2.5 Acres Business General (B-2) to Rural Area (RA) Shawnee Magisterial District 10 gilbert w. clif ford & associates, inc.. 200 North Cameron Street Winchester, Virginia 22601 540-667-2139 Fax: 540-665-0493 E-mail: gwcliff@mnsinc.com 0 Oakcrest Builders, Inc. REZONING REQUEST Tax Map #77-A-26 2.5 Acres Business General (B-2) to Rural Area (RA) Shawnee Magisterial District Zoning Amendment Request Materials: Application Fee - $662.50 • Application Form Complete and Signed Adjoining Property Owners List Location Map Plat of Property Deed of Property Taxes Paid Verification Agency Comments from Public Works Department and Health Department Review of Impact Criteria 0 gilbert w. cli f ford & associates, inc.