HomeMy WebLinkAbout005-97 C.L. Robinson Corp. (Merriman's Chase) - Back Creek - Backfile (2)CASH
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REZONING CHECKLIST
A complete application will include the following:
SUBMISSION PACKAGE
1.
Application Form L '
2.
Sign received ✓
3.
Fees paid c/
4.
Proffer statement ✓
5.
Comment sheets from the following agencies along with any marked copies of the plan:
�✓ VDOT
_Lz�
City of Winchester
t/ Frederick Co. Sanitation Authority
Health Department
Inspections Dept.
Parks & Recreation
✓ Fire Marshal
Airport Authority
✓ County Attorney
✓
County Engineer
6.
Plat(s)
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7.
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Location map Ll
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W1he.4es to r U Y P�a
8.
Deed ✓
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Wi„c��s fr„r
9.
Impact statement v""
10. Taxes paid statement ✓
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
14AX: 540/ 678-0682
February 13, 1998
G. W. Clifford & Associates, Inc.
200 N. Cameron Street
Winchester, Virginia 22601
RE: REZONING APPLICATION 9005-97 OF C. L. ROBINSON CORPORATION
(MERRIMANS CHASE); PIN 53-A-88
Dear Mr. Gyurisin:
This letter serves to confirm action taken by the Frederick County Board of Supervisors during their
meeting of February 11, 1998. The Board approved your request to rezone 26.895 acres, identified
as PIN 53-A-88, in the Back Creek 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,
&I �. QF
Evan A. Wyatt
Deputy Director
EAW/cc
Attachment
cc: Margaret B. Douglas, Back Creek District Supervisor
C. L. Robinson Corporation
0:U1G E N DA SLAP P R V L7RkRO B IN S O N. REZ
107 North Kent Street • Winchester, Virginia 22601-5000
January 16, 1998
G. W. Clifford & Associates, Inc.
200 N. Cameron Street
Winchester, Virginia 22601
RE: REZONING APPLICATION #005-97 OF C. L.
(MERREVIANS CHASE); PIN 53-A-88
Dear Mr. Gyurisin:
0 FILE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 678-0682
SON CORPORATION
This letter serves to confirm action taken by trederick County Board of Supervisors during their
meeting of January 14, 1998. The Board,xl!enied your request to rezone 26.895 acres, identified as
PIN 53-A-88, in the Back Creek Magist�tial District. A period of at least one year from the date of
this action must transpire before another application for rezoning of this property to the same zoning
district designation can be consider6d.
Please do not hesitate to co 'ct this office if you have any questions regarding the denial of this
rezoning application.
Sincerely,
L'r, (�
Evan A. Wya
Deputy Dire
EAW/cc
cc: /Margaret B. Douglas, Back Creek District Supervisor
C. L. Robinson Corporation
0: WGENDAS\APPRVLTP\ROBINSON.REZ
107 North Kent Street • Winchester, Virginia 22601-5000
1& •
PC REVIEW DATE: 12/3/97
BOS REVIEW DATE: 01/14/98; 2/11/98
REZONING APPLICATION #005-97
C. L. ROBINSON
("Merriman's Chase")
To Rezone 26.895 Acres from RA (Rural Areas)
to RP (Residential Performance)
LOCATION: This property is located on the west side of Merriman's Lane (Route 621) at
Winchester and Western Railroad crossing and east of Route 37, approximately 1,100' south of
Breckenridge Lane.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBER: 53-A-88
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
(North): Zoned: RP, Residential Performance Use: Residential (Merrimans Estates)
(South): Zoned: RA, Rural Areas Use: Vacant
(East): Zoned: RA, Rural Areas Use: Residential; Vacant
(West): Zoned: RA, Rural Areas Use: Agricultural; Residential
PROPOSED USE: Single Family Detached Residential
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: No objection to rezoning of this property. Before
development, this office will require a complete set of construction plans detailing entrance designs,
drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, 5th Edition, for
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C. L. Robinson - REZ #005-97
Page 2
January 8, 1998
review. Any work performed on the state right-of-ways must be covered under a land use permit.
This permit is issued by this office and requires an inspection fee and surety bond coverage. Based
on our current traffic counts of 1,177 trips per day on this section of Route 621, the additional 525
trips projected to generated by this development will have an impact on adjacent intersections.
Also, see attached letter dated November 5, 1997 front Robert Childress.
Frederick Co. Sanitation Authority: The Sanitation Authority has agreed to allow the City to
serve this area. The sewer flow is not to be allocated to the Sanitation Authority.
Public Works: The proposed property contains a portion of the flood plain from Abram's Creek, as
well as corresponding wetlands. Flooding has been a problem along the railroad. These items should
be addressed during the Master Development phase of the project.
Fire and Rescue: The Fire and Rescue Department has raised a concern regarding the net fiscal
impact demonstrated by the Capital Facilities Impact Model. See attached letters from Douglas
Kiracofe dated October 9, 1997 and September 4, 1997.
County Attorney: Proffers appear to be in acceptable form.
Parks and Recreation: I would recommend that up-to-date proffer model information be
considered when determining the impact of this development.
Frederick Co. Public Schools: The Frederick County Public Schools Administrative Assistant has
raised a concern regarding the impact on current and future school facilities. See attached letter from
Thomas Sullivan dated August 15, 1997.
City of Winchester Planning: The City of Winchester Planning Director has raised a concern
regarding the potential for accidents at the location of Merrimans Lane and Breckinridge Lane. See
attached letter from Timothy Youmans dated November 7, 1997.
City of Winchester Public Utilities: The City of Winchester Public Utilities Director has raised
a question regarding the future extension of the eight -inch sewer line. See attached letter from Jesse
Moffett dated April 10, 1996.
Planning & Zoning:
1) Site History
C. L. Robinson - REZ #005-97
Page 3
January 8, 1998
This 26.895 acre tract was severed from the original 109.61 acre tract during the development
of Route 37 West. The remaining 82.72 acres of the original tract is located on the west side
of Route 37.
The 26.895 acre tract was placed into the Frederick County Urban Development Area (UDA)
during the update of the 1995 Comprehensive Policy Plan. This action occurred at the
Planning Commission level on January 4, 1995 and at the Board of Supervisor level on
January 25, 1995.
2) Location
The 26.895 acre tract is located in the UDA and the SWSA. The Comprehensive Policy Plan
states that new suburban residential development served by sewer and water has to be located
within the UDA.
The site adjoins the Winchester and Western Railroad along the northern property boundary
with the Merrimans Estate subdivision located directly north of the railroad tracks. Three
residential lots located on Cambridge Place are adjacent to this northern property boundary,
just north of the railroad tracks.
3) Site Suitability
The 26.895 acre tract contains some areas of floodplain associated with Abrams Creek that
are located along the northern property boundary, adjacent to the railroad tracts. The site
also contains some areas of prime agricultural soils and minor areas of steep slope that are
situated along the Route 37 corridor.
The Frederick County Rural Landmarks Survey does not identify structures of historic
significance, nor does it identify this tract as a potential significant historic property.
4) Potential Impacts
a) Fiscal Impact - The Capital Facilities Impact Model was applied to this rezoning
proposal based on a proffered condition of 54 single family detached residential lots.
The model demonstrates a negative impact to public schools, parks and recreation,
and fire and rescue services based on the proffered condition.
The Fire and Rescue Department has expressed a concern with the adequacy of the
net fiscal impact generated by the Capital Facilities Impact Model. This concern is
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C. L. Robinson - REZ #005-97
Page 4
January 8, 1998
based on the need to update the information within the model. Staff has been tasked
with this issue which is in process. The Director of Parks and Recreation has also
recommended that this new information be utilized when available.
b) Transportation - The future extension of Jubal Early Drive is being studied by the
Virginia Department of Transportation (VDOT). This extension could be linked with
Route 37 West through the development of an interchange. The VDOT will
determine if an additional travel lane will need to be included on Route 37 due to the
distance between the interchanges at Cedar Creek Grade, Jubal Early extended, and
Route 50 West. The location, timing, and funding for this project have not been
determined at this time; however, the VDOT scenario that was discussed with the
Winchester City Council demonstrates a possible impact to the southern limits of the
26.895 acre tract. If this rezoning is approved, the VDOT may attempt to design the
Jubal Early extension project to avoid this tract. However, if the location is limited
due to design constraints, future impacts to residential lots may be realized, as well
as increased right-of-way costs.
Information from the I.T.E. Trip Generation Manual, 5th Edition, indicates that the
average weekday two-way traffic volume rate is 9.55 trips per day per household.
Therefore, the build out of this site would generate an average of 516 additional trips
per day at the proffered density. The 1993 VDOT traffic count for Merrimans Lane
was 1,177 trips per day; therefore, the build out of this site would increase the traffic
volume on Merrimans Lane by 31%. The applicant conducted an analysis of this area
to determine turning movements at the Breckinridge Lane intersection, as well as
through traffic movements. The majority of the trips are thru movement to the north,
while approximately one -fifth of the trips made turning movements. The trips to the
north proceed along Merrimans Lane to a signalized intersection at Amherst Street.
The VDOT comments recognize that there will be impacts to adjacent intersections;
however, no recommendations are made that indicate this will decrease the current
level of service at this intersection.
5) Impact Statement/Proffer Statement
The applicant has submitted an impact statement which identifies the potential impact
associated with the Jubal Early Drive extension project. The applicant has provided
information obtained from the VDOT meeting with the Winchester City Council for review
by the Planning Commission and the Board of Supervisors. The applicant has also stated that
C. L. Robinson - REZ #005-97
Page 5
January 8, 1998
sewer and water service will be provided by the City of Winchester Public Utilities
Department. It should be noted that the Frederick County Sanitation Authority has agreed
to this service provision provided that the sewer flow is not allocated to the authority.
The applicant has submitted a signed proffer statement which has been reviewed by the
County Attorney. The applicant has proffered a monetary contribution which is consistent
with the results of the Capital Facilities Impact Model. The applicant has proffered a
maximum of 54 single family detached residential lots. The applicant also proffered a General
Development Plan which demonstrates a phase plan. This phase plan, as well as a Consumer
Notification Statement, to be placed on all subdivision plats, have been proffered to alert
future lot purchasers to the potential of the Jubal Early Drive extension project.
STAFF RECOMMENDATION FOR 12/03/97 PLANNING COMMISSION MEETING:
In summary, the proposed rezoning conforms to the requirements of the Comprehensive Policy Plan
and the proffered density conforms to the requirements of the Zoning Ordinance. The applicant has
submitted a proffer to mitigate the negative impacts associated with capital costs and the possible
extension of Jubal Early Drive. Staff recommends that the applicant enhance the language within the
proffer statement under the Phasing section. This language is intended to demonstrate a good faith
effort by the applicant to delay construction activity in the area that is delineated on the General
Development Plan to allow for additional information to be collected on the Jubal Early Drive
extension project. Staff feels that the phasing proffer is only beneficial if the development of the lots
within the delineated phase is clearly described. This could be accomplished by proffering that the
approval of subdivision plats or building permits be tied into a percentage of build out of the other
phase, or to a future date.
PLANNING COMMISSION SUMMARY & ACTION ON 12/03/97: Three representatives
associated with County fire and rescue service companies, which included the Roundhill Community
Volunteer Fire Company's Assistant Fire Chief, the Stephens City Volunteer Fire Department's
Rescue Captain, and Frederick County's Fire Marshal, spoke to the Commission regarding their
concerns with the County's Fiscal Impact Model and the net fiscal impact demonstrated by the model
run. The fire and rescue personnel expressed concern that the figures used in the impact model were
outdated and the amount of money designated for fire and rescue impacts fell considerably short of
covering operating and equipment expenses associated with providing emergency services. They
requested that the Commission table the rezoning until the impact model was updated.
C. L. Robinson - REZ #005-97
Page 6
January 8, 1998
Two other area residents spoke to the Commission; one inquired about the anticipated price range
of the proposed homes and the other raised concern about the adequacy of Merrimans Lane to handle
the additional traffic.
Members of the Commission recognized the funding problems that the fire and rescue companies
were experiencing with the proffer system and the use of the current Capital Facilities Impact Model
to determine impacts to emergency services; however, most members agreed they did not want to
delay this applicant's project until the County updated its impact model. Members of the Commission
preferred to see a development with streets, sidewalks, curbs, and lighting, such as this one, in this
particular area rather than a typical five -acre subdivision. Commission members recommended
approval of the rezoning with the condition that all review agency comments, staff comments, and
Planning Commission and Board of Supervisors' comments are met, by the following majority vote:
YES (TO APPROVE): Miller, Stone, Romine, DeHaven, Copenhaver, Light, Morris
NO: Wilson
(The following Commissioners were absent: Mr. Thomas, Mr. Ours, and Mr. Marker.)
O:\AGEN DAS\REZONE\ROBIN SN.REZ
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff. -
Zoning Amendment Number - Date Received - "9 r�
PC Hearing Date 11-3 27 BOS Hearing Date `
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained
from the Office of the Commissioner of Revenue, Real Estate Division, 107 North
Kent Street, Winchester.
1. Applicant:
Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 667-2139
Address: 200 N. Cameron Street 10 / 1 /97
Winchester, VA 22601 c/o Stephen Gyurisin
2. Property Owner (if different than above)
Name: C.L. Robinson Ice & Cold Storage Corp. Telephone: 662-3869
Address: P.O. Box 2138
Winchester, VA 22604
3. Contact person if other than above
Name: Stephen Gyurisin Telephone:
Joe Robinson
4. Checklist: Check the following items that hav
application.
Location map X Agency Comments X
Plat X Fees X
Deed to property X Impact Analysis Statement X
Verifying taxes paid X Proffer Statement X
•
0
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:
C. L. Robinson Ice & Cold Storage
(see attached deeds)
6. A) Current Use of the Property: Vacant
B) Proposed Use of the Property: Residential
7. Adjoining Property:
PARCEL ID NUMBER
53-((A))-86
53-((A))-87
53-((A))-92
53-((A))-92B
53-((A))-89
& 89A
53-C-((2))-7,
8, 9 & 16
USE ZONING
Rural, Agricultural
RA
Rural, Agricultural
RA
Rural, Agricultural
RA
Rural, Agricultural
RA
Residential
RP
Residential
RP
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):
West side of Route 621, Merriman's Lane at Winchester & Western
Rrailroad crossing and east of Route 37. Approximately 1,100' south
of Breckenridge Lane.
0
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary
for the applicant to provide information concerning the specifics of the proposed use.
Otherwise, the planning staff will use the maximum possible density or intensity
scenario for the proposed Zoning District as described on Page 9 of the application
package.
9. Parcel Identification/Location: Parcel Identification # : 53-((A))-88
Districts
Magisterial District: Back Creek High School: Tames Wood
Fire Service: Round Hill Middle School: Frederick Co. Middle
Rescue Service: Round Hill Elementary School: Apple Pie Ridge
10. Zoning Change: List the acreage included in each new zoning category being
requested.
Acres
Current Zoning
Zoning Requested
26.895
RA
RP
Total Acreage to be Rezoned
11. The following information should be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family Homes:
Non -Residential Lots:
Office:
Retail:
54 Townhomes: Multi -Family:
Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses N/A
Restaurant:
Service Station:
Manufacturing:
Warehouse:
Other:
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: C.L. Robinson Ice & Cold
P.O. Box 2138
Storage
Winchester, Virginia 22604
Property #: 53-A-88/53-A-87
Name: Ralph W. Poe
200 Ward Avenue
Property #: 53-A-86
Winchester, Virginia 22602
Name: Willow Grove, L.C.
603 South Loudoun Street
Property #: 53-A-92
Winchester, Virginia 22601
Name: C. Ridgley & Eleanor White
c/o M. Wills
603 South Loudoun Street
Property #: 53-A-92B
Winchester, Virginia 22601
Name: Malcolm H. & June W.
103 Cheviot Place
Vanderiet
Stephens City, Virginia 22655
Property #: 53-A-89/53-A-89A
Name: George W. Glaize, Jr.
11 South Cameron Street
Property #: 53-C-((2))-16
Winchester, Virgiia 22601
Name: Anneliese R. Brechtel
105 Cambridge Place
Property #: 53-C-((2))-7
Winchester, Virginia 22602
Name: James W. & Joyce D. Fogg
107 Cambridge Place
Property #: 53-C-((2))-8
Winchester, Virginia 22602
Name:
110 Cambridge Place
Property #:-53=E#2j
Winchester, Virginia 22602
���e S � • �' �'gar''G^ 5 � j3G,u, s�er E''^.a,t1
-93C -2-4
•
12. Signature:
k
d, do hereby respectfully
make application and petition the Fredenc
I (we), the undersigne
ordinance and to change the zoning maP
County Board of Supervisors to amend the zoning officials to enter the
of Frederick County, Virguna. I (we) authonze Frederick County
property for site inspection purposes.
I (we) understandthat the sign issued when this application is submitted must be placed at
Commission public hearing
the front property line at least seven days prior to the Planning
d the Board of Supervisors' public hearing and maintained so as to be visible from the
an
road right -of --way until the hearing.
that this application
and its accompanying materials are true and
I (we) hereby certify
accurate to the best of my (our) ) knowledge.
Date:
Applicants,
M VA/�j Date:
r /�, 1 1
"1 Date:
0 SO
► �-4; Date:
�n
14
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
MEMORANDUM
TO: Cheryl Shiffler, Finance Director
FROM:
Eric Lawrence, Director
RE: Proffers for Merriman's Chase - C. L. Robinson
DATE: June 18, 2002
For your information, this is a distribution breakdown for the proffers received for Merriman's Chase.
As of February 11, 1998, fifty-four (54) lots are available for building permits. The amount of the
proffer is $3,3,910.03 per lot.
You have provided us with a Finance Departmenonumber be lots.01019110043) and a Treasurer's
Code number (10 DP) so that we can make deposits
Total: $3,910.03
Break down of funds to be distributed: $3,29.90 to Frederick County Public Schools
591.08 to Frederick County Parks & Recreation
$ 19.05 to Frederick County Fire & Rescue
Total= $3,910.03
We have received proffer payment for the following lots: 2, 3 & 9 - 24•
Thank you!
107 North Kent Street ® Winchester, Virginia 22601-5000
0
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Action:
AMENDMENT
PLANNING COMMISSION: Recommended Approval on December 3, 1997
BOARD OF SUPERVISORS:
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
#005-97 of C. L. Robinson ("Merriman's Chase")
WHEREAS, Rezoning Application #005-97 of C. L. Robinson, submitted by G. W. Clifford, Inc.,
requested the rezoning of 26.895 acres currently zoned RA (Rural Areas) to RP (Residential
Performance). The property is located on the west side of Merrim o''s Lanl 11(Route
621) at
south of
Winchester and Western Railroad crossing and east of Route 37, approximately
Breckenridge Lane identified with P.I.N. 53-A-88 in the Back Creek Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 3,
1997; and
WHEREAS, the Board of Supervisors held a public hearing on this ordinance adoption on January
14, 1998 and deferred action to February 11, 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 26.895 acres currently zoned RA (Rural Areas) to RP (Residential Performance) as
described by the application and plat submitted, subject to the attached conditions voluntarily
proffered in writing by the applicant and the property owner.
PD Res. #003-98
This ordinance shall be in effect on the date of adoption.
Passed this 11th day of February, 1998 by the following recorded vote:
James L. Longerbeam, Chairman
W. Harrington Smith, Jr.
Charles W. Orndoff, Sr.
O:UIGENDAS'UtFMNL'\ROBBJ 50N.RES
PDRes AM"
Abstained Richard C. Shickle Aye
Aye
Aye Margaret B. Douglas
Aye Robert M. Sager _Rwy_
A COPY ATTEST
�f 4John R. ley, Jr.
Frederick County Administrator
0
1J
Rezoning Request Proffer
Property Identification Number 53-((A))-88
C.L. Robinson
Preliminary M to ters
Pursuant to Section 15.1 - 491.1 et. seq., of the Code of Virginia,1950, as amended,
and the provisions of the Frederick County Zoning Ordinance with respect to
conditional zoning, the undersigned applicant hereby proffers that in the event
the Board of Supervisors of Frederick County, Virginia shall approve Rezoning
Application # Oo5-97 for the Rezoning of 26.895 acres from RA Zoning District
to RP Zoning District, development of the subject property shall be done in
conformity with the terms and conditions set forth herein, except to the extent
that such terms and conditions may be subsequently amended or revised by the
applicant and such be approved by the Frederick County Board of Supervisors in
these proffers shall be deemed withdrawn and of no effect whatsoever. These
proffers shall be binding upon the applicant and their legal successors or assigns.
en nal Deve!012 pnt Plan
The undersigned, who owns the above described he Countyerty hereby of Frederickoluntarily
Virgin a
proffers that if the Board of Supervisors
approves the rezoning for the 26.895 acre tract, lying on the west side of
Merriman's Lane in Back Creek Magisterial District of Frederick County, Virginia
from RA to RP, the undersigned will submit a master development plan that
will provide for a street layout connecting with State Route 621 (Merriman's
Lane) as shown on the attached Addendum "A" - Preliminary Master
Development Plan dated July 29, 1997.
The undersigned voluntarily proffers that the rezoned property shall not be
subdivided into more than fifty-four or4othersingle
multi -family tbuildings detached
uses and
shall be
further that no apartments, duplexes
constructed upon the 26.895 acre property.
Pig
The undersigned voluntarily proffers that the final phase of development of the
project is that phase identified on the attached Addendum "A" - Preliminary
Master Development Plan dated dure
29, 1997. Plats for the final phase as
identified shall not be approved corded until fifty percent (50%) of the lots
remaining have either been built upon or building permits have been issued.
Consumer Notification
, when
The undersigned voluntarily proffers
°nclude a consumer notificationt the eattached to
subdivided into lots for sale, shall
the subdivision plats. The consumer notification shall state that there is a
0
Rezoning Request Proffer
Page 2
Jubal Early Drive and construct a possible
possible project that would extend
interchange with Route 37.
bone+� Contribution to Offset the Imvact of Devil m n
The undersigned, who owns the above described
property
hereby
Frederick,voluntarily
proffers that if the Board of Supervisors for they of
approves the rezoning for the 26.895 acreprty-, lying on the District of FredericktCounty,
side of
MarrimaW s Lane in the Back Creek Magisterial
Virginia from RA Zoning District to RP Zoning District, the undersigned will
pay to Frederick County, at the time a buildingpermit three applied
plliedcents (for, the03) per
sum of
three thousand nine hundred ten dollars and
approved lot ($3,299.91 for Schools and $591.08 for Parks and Recreation plus,
$19.05 for Fire and Rescue).
In essence, the total sum of three thousand nine hundred ten dollars and three
cents ($3,910.03) will be paid to Frederick County at the time of building permit
application for approval.
The conditions proffered above shall be binding upon the heirs, executors,
in interest of the Applicant and Owner. In
administrators, assigns and successors
the event the Frederick County Board of Supervisors grant said zoning of 26.895
acres from RA Zoning District to RP Zoning
property
and rezonedts these inaddition to other
the proffered conditions shall apply to p p tYe onedi
requirements set forth in the Frederick County Code.
Respectfully submitted,
Property
STATE OF VIRGINIA, AT LARGE
CITY OF WINCHESTER, To -wit:
Date: %- 7- 9
The foregoing instrument was acknowledged before me this day of
My om fission expires:
J
Notary Public
0 r5OLCTG
Rezoning Request Proffer
Property Identification Number 53-YU-88
C.L. Robinson
Preliminary Matters
Pursuant to Section 15.1 - 491.1 et. seq., of the Code of Virginia,, 950, as amended,
and the provisions of the Frederick County Zoning 01 - /rCce with respect to
conditional zoning, the undersigned applicant hereby proffers that in the event
the Board of Supervisors of Frederick County, Virginia .shall approve Rezoning
Application # )0,�-97 for the Rezoning of 26.895 acre /from RA Zoning District
to RP Zoning District, development of the subjec property shall be done in
conformity with the terms and conditions set forl herein, except to the extent
that such terms and conditions may be subsequently amended or revised by the
applicant and such be approved by the Frederic County Board of Supervisors in
these proffers shall be deemed withdrawn nd of no effect whatsoever. These
proffers shall be binding upon the applicannd their legal successors or assigns.
General Development Plan
The undersigned, who owns the abo e described property hereby voluntarily
proffers that if the Board of Supervisors for the County of Frederick, Virginia
approves the rezoning for the/26.895 acre tract, lying on the west side of
Merriman"s Lane in Back Creek //Magisterial District of Frederick County, Virginia
from -RA to RP, the undersi�fied will submit a master development plan that
will provide for a street I out connecting with State Route 621 (Merriman's
Lane) as shown on the attached Addendum "A" - Preliminary Master
Development Plan dated/July 29, 1997.
The undersigned voluntarily proffers that the rezoned property shall not be
subdivided into more than fifty-four (54) single family detached houses and
further that no apartments, duplexes or other multi -family buildings shall be
constructed upon the 26.895 acre property.
Phasing
The undersigned voluntarily proffers that the final phase of development of the
project is hat phase identified on the attached Addendum "A" - Preliminary
Master Development Plan dated July 29, 1997.
the undersigned voluntarily proffers that the rezoned property, when
subdivided into lots for sale, shall include a consumer notification attached to
,the subdivision plats. The consumer notification shall state that there is a
possible project that would extend Jubal Early Drive and construct a possible
interchange with Route 37.
�TiSv�_E i 6
Rezoning Request Proffer
Page 2
Monetary Contribution to Offset the Impact of Development
The undersigned, who owns the above described property herd y voluntarily
proffers that if the Board of Supervisors for the County of F�;e'derick, Virginia
approves the rezoning for the 26.895 acre property, lying on the west side of
Marriman's Lane in the Back Creek Magisterial District of Frederick County,
Virginia from RA Zoning District to RP Zoning Distri the undersigned will
pay to Frederick County, at the time a building perm is applied for, the sum of
three thousand nine hundred ten dollars and three cents ($3,910.03) per
approved lot ($3,299.91 for Schools and $591.07 6/r Parks and Recreation plus,
$19.05 for Fire and Rescue). /
In essence, the total sum of three thousand ine hundred ten dollars and three
cents ($3,910.03) will be paid to FredericCounty at the time of building permit
application for approval. 7
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and success Zs in interest of the Applicant and Owner. In
the event the Frederick County bard of Supervisors grant said zoning of 26.895
acres from RA Zoning District b RP Zoning District and accepts these conditions,
the proffered conditions sha l apply to the property rezoned in addition to other
requirements set forth in tl 6 Frederick County Code.
Respectfully sul
Property Ow er
By:
STATE OF VIRGINIA, AT LARGE
CITY QZF WINCHESTER, To -wit:
Date:
foregoing instrument was acknowledged bf/ ore me this 7 day of
Ahgvw Aat ,1997 by Clixy-a/A &v41m
My Commission expires: L M. -3/; jw.)
&g"? P moo 'Anew
Notary Public
Addendum "A"
Mcrriman's Chase Preliminary Master Development Plan
,rul v 21), 1997
1
COMMONWEALTH of VIRCjJIN1IA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
DAVID R. GEHR 14031 OLD VALLEY PIKE
COMMISSIONER P.O. BOX 278
EDINBURG, VA 22824-0278
November 5,1997
Mr. Steve Gyurisin
C/O G. W. Clifford & Associates, Inc.
200 North Cameron Street
Winchester, VA 22601
Dear Steve:
JERRY A. COPP
RESIDENT ENGINEER
TELE (540) 984-5600
FAX (540) 984-5607
Ref: Merrimans Chase Subdivision
Route 621
Frederick County
In light of the recent announcement concerning the possible extension of Jubal Early
Drive and construction of an interchange with Route 37, we would like to add to our
previous comments concerning the proposed rezoning of the referenced property.
As conceptually proposed the extension of Jubal Early Drive, ultimate interchange
location, and resulting widening of Route 37 will have an impact on the property.
Additionally, Route 621 many need to be relocated. These impacts, to include right-of-
way dedication/acquisition, should be considered in the rezoning and subsequent
design development of this project.
If you have any questions, please let me know.
RBC/ rf
xc: Mr. S. A. Melnikoff
Mr. Kris Tierney
Sincerely,
Robert B. Childress
Transportation Engineer
WE KEEP VIRGINIA MOVING
Thomas W. Owens
Director
October 9, 1997
Mr. Steve Guyrisin
C/O G. W. Clifford and Associates
200 N. Cameron St.
Winchester, Virginia 22601
Ref: Robinson Re -Zoning
Dear Mr. Gyurisin,
COUNTY OF FREDERICK, VIRGINIA
FIRE AND RESCUE DEPARTMENT
107 North Kent Street
Winchester, VA 22601
Douglas A. Kiracofe
Fire Marshal
It is my understanding that you have not received written comments from the Round Hill
Community Fire and Rescue Company, regrding the Robinson Re -Zoning. When I
discussed my letter of September 4th, with the some of the Board of Directors of Round
Hill, they were in agreement with my comments.
If this does not satisfy the need for comments, please let me know and I will have Round
Hill reply in writing.
Thank you for your attention to this matter.
Sincerely,
Douglas A. Kiracofe
Fire Marshal
cc: Round Hill Fire and Rescue Co.
file
Director (540) 665-5618 Fire Marshal (540) 665-6350 # Fax (540) 678-4739
Thomas W. Owens
Director
September 4, 1997
Mr. Steve Gyurisin
c/o G.W. Clifford and Associates
200 N. Cameron St.
Winchester, Virginia 22601
Dear Mr. Gyurisin,
COUNTY OF FREDERICK, VIRGINIA
FIRE AND RESCUE DEPARTMENT
107 North Kent Street
Winchester, VA 22601
Douglas A. Kiracofe
Fire Marshal
I have reviewed the request for Re -Zoning of approximately 27 acres, located on
Merriman's Lane, and identified by PIN 53-A-88. The proposed Re -Zoning is for the
creation of 55 single family homes. The proposed Financial Proffer to the Round Hill
Community Fire and Rescue Company, to off -set capital costs, is $12.61 per proposed
lot, or a total of $693.55.
Historically, for the past several years, Fire and Rescue Companies in Frederick County
have responded to emergency calls at a rate of 1 per 9.8 households, annually. At this
rate, this development will generate 5.6 calls per year for the Round Hill Fire and Rescue
Company. The cost per call, for Round Hill, was calculated earlier this year as part of the
on -going Mutual Aid discussions, and was found to be $200.84 per call. This puts the
total cost of service delivery at $1,124.70 per year for this housing development.
Recognizing the fact that much of this amount is "operational" cost, there clearly remains
a disparity between the annual cost of service delivery, and the one time amount being
proffered.
Much of this disparity has to do with the Impact Model being based on outdated
information. The model was developed in 1990, with provisions to update the data on a
yearly basis. Some of the information in the "model" is inaccurate, and some of the
information was a "guess-timate" at the time. Since the information in the model has
been found to be in error, and it has not been updated annually, the amount of money
proffered to the Fire and Rescue companies for capital costs becomes more inadequate
each year. The proffered amounts are not keeping pace with the increasing capital costs,
putting more of a financial burden on our Volunteer companies.
i
Efforts are underway to correct, and update the "model". The Volunteer Fire and Rescue
Association has a proffer committee that is waiting for the updated "impact model", in
order to review the various input factors. It is the desire of the Association to establish
proffers that are fair and equitable, to the individual companies, as well as the developer.
Director (540) 665-5618 Fire Marshal (540) 665-6350 Fax (540) 678-4739
Until the "impact model" reflects current and accurate data, I am of the opinion that the
proffers proposed in this application are inadequate to offset costs associated with the
development. Based on that fact, I am recommending denial of the Re -Zoning request.
Should you have any questions on this matter, please do not hesitate to contact me.
Sincer ,
Douglas A. Kiracofe
Fire Marshal
H. Perry Silva, President Frederick County Fire and Rescue Association
Elwood Patterson, President Round Hill Fire and Rescue Company
Dederick County Public Scielvols
1415 Amherst Street
Post Office Box 3508
Winchester, Virginia 22604-2546
Telephone: (540) 662-3888 — FAX (540) 722-2788
Administrative Assistant to the Superintendent
August 15, 1997
Mr. Stephen M. Gyurisin
G. W. Clifford & Associates, Inc.
200 N. Cameron Street
Winchester, Virginia 22601
REF: Rezoning Comments
Dear Steve:
I am in receipt of your request for rezoning comments concerning
a parcel of land of approximately twenty-seven acres from the present
zone of RA to RP. It is my understanding the land to be rezoned is
located at the following location:
West side of Merrimans Land (Route 621) adjoining Route 37 and
Winchester & Western Railroad at Abrams Creek.
It is also my understanding that the proposed use of this
property is for the construction of 55 single family residential
units.
We feel this proposal will have an impact on current and future
school facilities. We recommend these concerns be addressed during
the approval process.
If you should have any questions, please do not hesitate to
contact me at your earliest convenience.
Sincerely,
Thomas Sullivan
Administrative Assistant
to the Superintendent
cc: R. Thomas Malcolm, FCPS
•
•
CITY OF WINCHESTER, VIRGINIA
November 7, 1997
Gyurisin
Associates, Inc.
n Street
•ginia 22601
vlerrimans Chase Rezoning
Rouss City Hall
15 North Cameron Street
Winchester, VA 22601
540-667-1815
TDD 540-722-0782
brwarding the traffic turn movement analysis for the intersection at Merrimans Lane
,e Lane situated just north of this rezoning site. As you know, the sight distance just to
intersection is severely limited by the adjacent vegetation and curvature of the
r. While beyond the limits of the subject site, I feel the increased traffic generated by
ber of homes permitted with the rezoning will increase the potential for accidents at
c)u may want to discuss possible means for reducing the hazard in this location with
.ty Public Works Director.
;oncem with the rezoning and intended single-family residential subdivision is the
sed cost of land acquisition associated with the construction of a new interchange on
7. Jubal Early Drive. The preliminary layout presented at our meetings seems to
ipact of the interchange relative to the location of the house lots. Hopefully, the
land proposed for open space and or future right of way will not increase the right -of -
cost of the roadway project.
ite that after the new interchange is operational, the impact at the existing intersection
ane and Breckinridge Lane will be reduced due to more traffic choosing Route 37
imans Lane as a means of access to Route 50.
neeting with me prior to my commenting on this project.
umans
.or
ifton
!rney
"THE APPLE CAPITAL"
CITY/WINCHESTER, VIRGINIA
c �-
i
April 10, 1996
Mr. Chuck Maddox
G.W. Clifford and Associates
200 North Cameron Street
Winchester, Virginia 22601
RE: C.L. Robinson Property - M rrimans Lane
Dear Chuck:
Rouss City Hall
15 North Cameron Street
Winchester, VA 22601
540-667-1815
FAX: 540-722-3618
TDD: 540-722-0782
In looking at the sewer extension plan provided for the above mentioned project, I
have only two minor comments. One is that because of the flooding in the area where the
proposed manhole is to be set, we would like to see rim elevation of the manhole being
set at 772 along with a watertight frame and lid.
In addition, you are showing an approximate location of future sewer line.
Considering the line to be installed is only 8 inch, I would be interested in knowing what
the intended service area of this extension would be.
me.
IRTll
If you have any questions regarding these comments, please feel free to contact
cerely,
Jesse W. Moffett
Director - Public Utilities
"THE APPLE CAPITAL"
1
0
•
Rezoning Comments
Virginia Department of Transportatio
.� f
ED i
Mail to: Hand Deliver to.L VC'T
Virginia Department of Transportation Virginia Dept of jTransporttlon Y
Attn: Resident Engineer Attn: Resident Ehginegjj% I I )9y/ j
P.O. Box 278 1550 Commerce $treet
Edinburg, Virginia 22824-0278 Winchester, Vir�;iva: C +fir
Applicant's Name: G. W. Clifford & Assoc.. Inc. Telephone: (540) 465-8608
Mailing Address: c/o Stephen M. GyjIbsin (8/1/97)
200 N. Cameron Street
Winchester, Virginia 22601
Location of property: West side of Merrimans Lane (Route 621) adjoining Route
37 and Winchester & Western Railroad at Abrams Creek.
Current zoning: RA Zoning requested: RP Acreage: 27± Acres
Virginia Department of Transpprtation's Comm n
No �biection to rezoning of "this property -
will re uire a complete set of construction plans detailing entrance design,,
drainage features, and traffic flow daTa from the rip Genera ion III ival
Sth M ition for review. Any work performed on the state rights -of -way mus
be covered under a laid use oermit. This permit is issued b �izis o ice �u
insnPrtion fpe and surety bond coverage Based on our current
traffic counts of 1,177 trips per day on this section of Route 621, the adl do
979 rrins nroiected to be generated by this development will have an impact on
adiacent intersections.
VDOT Signature & Date: /� ����-�� 09 /25 /97
Notice to VDOT - Please Return This Form to Applicant
xc: Mr. S. A. Melnikoff
0
Rezoning Comments
Frederick County Department of Public Works
Mail to:
Frederick County Dept of Public Works
Attn: Director of Engineering
107 N. Kent Street
Winchester, Virginia 22601
(540) 665-5643
Hand Deliver to:
Frederick Co. Dept of Public Works
Attn: Director of Engineering
107 N. Kent Street
Winchester, Virginia
Applicant: Please fill out the int&&, ktion as accurantely 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: G. W. Clifford & Assoc., Inc. Telephone: (540) 465-8608
Mailing Address: c/o Stephen M. Gy Ibsin (8/1/97)
200 N. Cameron Street
Winchester, Virginia 22601
Location of property: West side of Merrimans Lane (Route 621) adjoining Route
37 and Winchester & Western Railroad at Abrams Creek.
Current zoning: RA Zoning requested: RP Acreage: 27± Acres
0.1 MON. NOTARMINVOR 0
r.
ll
I M WkIMI,
AW b
•
Rezoning Comments
Frederick County Department of Parks & Recreation
Mail to:
Frederick County
Department of Parks & Recreation
107 N. Kent Street
Winchester, Virginia 22601
(540) 665-5678
Hand Deliver to:
Frederick County
Department of Parks & Recreation
County Admin. Bldg.,2nd Floor
107 N. Kent Street
Winchester, Virginia
App►fiant: Please fill out the information as accurantely as passible in order to
assist the Department of Parks & Recreation with their review. Attach a copy of
your application form, location map, proffer statement, impact analysis, and any
other pertinent information,
Applicant's Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 465-8608
Mailing Address: c/o Stephen M. Gyurisin (8/1/97)
200 N. Cameron Street
Winchester, Virginia 22601
Location of property: West side of Merrimans Lane (Route 621) adjoining Route
37 and Winchester & Western Railroad at Abrams Creek.
Current zoning: RA Zoning requested: RP Acreage: 27± Acres
Department of Parks & Recreation Comments:
information be considered when determining the
impact of this development
Parks & Recreation Signature &
/20/97
11 Notice to Dept. of Parks & Recr�atfon - Please Return This Form to Applicant
0 0
Rezoning Comments
Frederick County Commonwealth's Attorney
Mail to:
County Commonwealth's Attorney
Winchester -Frederick Co. Judicial Center
5 N. Kent Street
Winchester, Virginia 22601
(540) 665-6383
Hand Deliver to:
County Commonwealth's Attorney
Winc.-Frederick Co. Judicial Center
5 N. Kent Street, 2nd Floor
Winchester, Virginia
Applicant: Please fill out the information as accurantely 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: G. W. Clifford & Assoc., Inc. Telephone: (540) 667-2139
Mailing Address: c/o Stephen M. Gyurisin (8/1/97)
200 N. Cameron Street
Winchester, Virginia 22601
Location of property: West side of Merrimans Lane (Route 621) adjoining Route
37 and Winchester & Western Railroad at Abrams Creek.
Current zoning: RA Zoning requested: RP Acreage: 27± Acres
Commonwealth's Attorney's
Signature & Date:
11 Notice to Commonwealth's Attorney - Please Return This Form to Applicant I I
Rezoning Comments
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer/Director
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
Hand Deliver to:
Frederick Co. Sanitation Authority
Attn: Engineer/Director
315 Tasker Road
Stephens City, Virginia
Applicant: Please fill out the information as accurantely as possible in order to
assist the Sanitation Authority with their re -hew. Attach a copy of your
appl€eatjon form,10cation map, proffer statement, impact analysis, and any other
........
Applicant's Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 465-8608
Mailing Address: c/o Stephen M. Gyurisin (8/1 /97)
200 N. Cameron Street
Winchester, Virginia 22601
Location of property: West side of Merrimans Lane (Route 621) adjoining Route
37 and Winchester & Western Railroad at Abrams Creek.
Current zoning: RA Zoning requested: RP Acreage: 27± Acres
Sanitation Authority Comments:
7;OV 514 o i¢L L v ry c / ?y
To /g.e ZO7FU 7b S4,1( �liT;
Sanitation Authority Signature & Date:
Notice to Sanitation Auth
,YU&-al, fy
- Please Return This Form to Applicant
Rezoning Comments
City of Winchester
Mail to:
Winchester City Planning Department
Attn: Planning Director
15 North Cameron Street
Winchester, Virginia 22601
(540) 667-1815
Hand Deliver to:
Winchester City Planning Dept.
Attn: Planning Director
Rouss City Hall
15 North Cameron Street
Winchester, Virginia
applicant: Please fill out the information as accuranteiv as passible in order to
assist the City of Winchester with their review. Attach a copy of your application
form, location map, proffer statement, impact analysis, and any other pertinent
information.
Applicant's Name: G. W. Clifford & Assoc.. Inc. Telephone: (540) 465-8608
Mailing Address: c/o Stephen M. Gyurisin 10/23/97
200 N. Cameron Street
__ Winchester, Virginia 22601
Location of property: West side of Merrimans Lane (Route 621) adjoining Route
37 and Winchester & Western Railroad at Abrams Creek.
Current zoning: RA Zoning requested: RP Acreage: 27± Acres
City of Winchester's Comments:
c,+-Qck,e � I� 4er nL I,, 1 11- `7 —
City of Winchester's Signature & Date:
Notice to City of Winchester - Please
is Form to A
o /7
0 •
. -.
COUNTY OF FREIDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No.RZ97-0005 Date Received 8/8/97 Date Reviewed 9/4/97
Applicant G.W. Clifford and Associates
Address 200 N. Cameron St.
Winchester, Virginia
22601
Project Name Robinson-Merriman's Lane Rezoning Phone No. 540-667-2139
Type of ApplicationRe-Zoning Current Zoning RA
1st Due Fire Co. 15 1st Due Rescue Co. 15 Election DistrictBack Creek
Tax I.D. No. 53-A-88
RECOMMENDATIONS
Automatic Sprinkler System Residential Sprinkler SystemXX
Automatic Fire Alarm SystenKX Other
REQUIREMENTS
Emergency Vehicle Access
Adequate Inadequate Not IdentifiedXX
Fire Lanes Required Yes XX No
Comments Will address Fire Lanes on Subdivision Plan, if approved.
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 No XX
Signature (�T� Title �. 'i�✓,G�ysY
Fiscal Impact
The fiscal impacts of the Merriman's Chase rezoning are measured for capital
costs that relate to the improvements necessary for the County to increase the
capacity of public facilities. The amount of the impact for any rezoning and
subsequent land development such as Merriman's Chase depends upon location
and land uses.
Using the rezoning impact model provided by Frederick County Department of
Planning and Development, the total capital cost of requiring new facilities
generated by the Merriman's Chase rezoning is considered for each local
governmental department for it's respective service area. In this case these
departmental areas include:
- Schools
- Parks and Recreation
- Fire and Rescue
As evidenced by the model forecast, the capital cost is new capital costs calculated
for Schools, Parks and Recreation and Fire and Rescue. The amount for Schools
is $178,196.00; for Parks and Recreation is $31,918.00. New capital costs for Fire
and Rescue not covered by Frederick County contributions is modeled at
$1,028.76.
Merriman's Chase, when rezoned and developed, warrants a credit of $27,375.00
based upon it's overall net fiscal impact due to taxes that will be paid by the
project in future years. Merriman's Chase generates a net negative impact in
accord with the Frederick County Impact Model Report for this rezoning
proposal.
Future credits that go toward funding existing debt service are determined by the
model and applies to School, Fire and Rescue and Parks and Recreation
departments only.
The rezoning impact model for Frederick County does not calculate positive
fiscal impacts associated with non-residential land uses. Instead, only impacts
associated with residential uses are actually shown. In the case of non-residential
uses a zero ($0) value impact amount or value is shown due to large amount of
fiscal impact associated with such commercial or office (non-residential) land
uses.
The Frederick County impact model shows that there is a net impact of $3,910.03
per unit for the Merriman's Chase rezoning. The model impacts reflect a change
of RA to RP for the purposes of calculating impacts.
•
0
Impact Model Report
The following impact model report was generated on August 11, 1997 assuming 54
single family homes on 27 acres from RA zoning to RP zoning. A per unit impact
is calculated at $3,910.03.
OUTPUT MODULE
Fire Department
Rescue Department
Elementary Schools
Middle Schools
High Schools
Parks and Recreation
TOTAL
--------------------------
FIRE AND RESCUE ADDENDUM
Capital
$169
$142
$75,982
$22,640
$104,401
$3,394
$236,728
------------
------------------------------------
Net Credit for
Fiscal Taxes to
Impact Capital Net
Credo S Costs Impact
$1,071 $0
$24,828 $178,195
$ L,4Z6i $31,918
$0 $27,375 $209,353
----------------------------------
New Capital Costs Not $1,028.76
Covered by County
Contributions
NOTES: Model Run Date 8/ 1 1 /97 EAW
P.I.N. 53-A-88 Rezoning: Assumes 54 SFD on 27 acres zoned RP from RA
0
Impact Analysis
Summary
Introduction
Planning Analysis
Site Suitability/Soils
Traffic
Sewage
Water
Drainage
Solid Waste
Historic Sites
Community Facilities
Education
Emergency Services
Parks and Recreation
Environment
Jubal Early Drive Extension/Rt. 37 Interchange
Other
• 0
SUMMARY
ROBINSON • MERRIMANS LANE REZONING
IMPACT STATEMENT
The following Impact Analysis Statement has been prepared for the property that
consist of 26.895 acres. The property is currently zoned Rural Area (RA).
The Impact Analysis Statement is prepared as required by the Frederick County
Board of Supervisors for rezoning approval of the property. Proffers have been
provided to mitigate any impacts identified by the Frederick County impact
analysis model prepared by the Frederick County Planning Department for this
property.
There are 54 residential units proposed as part of this rezoning. The property is
planned as residential with RP (Residential Performance) zoning to
accommodate single family residential lots, 12,000 square feet or larger in size
with required open space.
This property is located within the Urban Development Area (UDA).
Community and county -wide planning and planning policies recognize this area
as suitable for development. The property is bound on the north by the
Winchester and Western Rail Road and Abrams Creek. The east and south
property line is Merrimans Lane (Route 621) and to the west is Route 37.
Analysis of environmental and physical characteristics of this property to be
rezoned indicate that there is opportunity for development as envisioned for
single family homes. Along the north property line and along the Winchester
and Western Rail Road line is a floodplain that forms the Abrams Creek. There
are no known other environmental features that limit development of the
property.
Assuming full development of the 26.895 acre rezoned to RP, and assuming an
average development factor using 12,000 square foot lots of 3.2 units per acre
approximately 80 units are permitted. Approximately 54 lots are planned as part
of this project. Revenue in the form of real property taxes, the local share of
retail sales taxes, personal property taxes and business license fees are accounted
for in the Development Impact Model provided by the Frederick County
Planning Office for the lots planned with this development.
The recent announcement of the possible extension of Jubal Early Drive and the
construction of our interchange with Route 37 may have an impact.
0 0
Summary - Impact Statement
Page 2
Open space location, lot size and phasing and a consumer notification are
provided to mitigate possible impacts.
An impact is projected that requires mitigation for public school and parks and
recreation capital expenditures associated with the development of this project.
These impacts to schools and parks for capital costs are mitigated with a like
payment.
Impacts to fire and rescue capital costs are projected by the Frederick County
Impact Model and mitigated with a like payment.
Public water and sewer are available to the property. Natural gas and electrical
service are available to the property.
The rezoning and master development plan fit within the guidelines of present
planning policy for this area planned as part of the Urban Development Area.
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Impact Analysis
Introduction
The property requested for rezoning consists of 26.895 acres. This request
is to rezone the entire 26.895 acre from present Rural Area (RA) to
Residential Performance (RP).
The project will consist of single family homes in a suburban setting and
the property is evaluated in light of the proposed single family proposal.
The project is herein called Merriman's Chase.
Merriman's Chase is located on the west side of Va. Route 621, Merriman's
Lane, south of US Route 50 West, and approximately 1,100 feet south of
the Merriman's Lane and Breckenridge Lane intersection. The property is
bound on the north by the Winchester and Western Railroad, on the east
by Merriman's Lane, on the south by a small portion of property owned by
adjoining property owners and Merriman's Lane, and on the west by Va.
Route 37.
The property is identified as tax parcel 55-((A))-88 located in the Back Creek
Magisterial District.
The property is located in the Frederick County Comprehensive Plan
designed Urban Development Area (UDA).
Planning Analysis
The requested rezoning is in conformance with the comprehensive plan
through it's UDA designation. The property has frontage on Va. Route
621, Merriman's Lane, where planned intersecting streets will provide
access. Public sewer and water service is to be provided by the City of
Winchester. An initial planning analysis of the property with zoning and
development constrains indicate that approximately 54 single family
homes can be supported using urban design standards.
Site ifity/S oils
/
The property to be rezoned has two site specific development limiting
factors. First, the road efficiency buffers required for possible future
expansion of Va. Route 37 limit encroachment of homes and lots along
the existing Va. Route 37 right-of-way. Secondly, the property contains an
identified flood area along the north property line at the Winchester and
Western Railroad right-of-way along Abram's Creek. This flood area
limits the location of homes along the north property line. The property
has no other site specific development limiting factors. The property
•
appears well suited for all categories of uses in development based on site
evaluations of soils, slopes, wetlands, ponds and lakes, flood plains and
other site suitability and environmental factors.
Developmental impacts are slight on adjacent properties. The primary
impact concern on adjoining properties is the change of use from open,
rural land to an suburban home setting.
Site Suitability - development of the property will have to consider the
site limiting factors of the flood plain along Abram's Creek and the
Winchester and Western Railroad. The property appears well suited for
RP single family homes uses.
Soils - The soils are suitable for site development purposes. The
USDA Soil Conservation Soil Survey for Frederick County
identifies the soils of the property on map sheets 29 and 35 as lehew
channery fine sandy loam, carbo-oaklet silt loams, very rocky and
carbo silt loam.
Prime Agricultural Soils - The property contains some prime
agricultural soils as identified by the Frederick County
Comprehensive Plan and Soil Survey. The portion of the property
that contains the carbo silt loam soil is located in a strip along
Merriman's Lane.
Slopes - There are few identified steeps slopes on this property. The
portion of the property that contains steep slopes in the 7 to 15%
range are located along Va. Route 37. Slopes on this property
generally range from 2 to 7%.
Wetlands - There are no wetlands identified on this property.
Ponds and Lakes - There are no ponds or lakes on this property.
Flood Plain - A portion of the property is located within the HUD
designated flood plain as identified in the US HUD flood maps for
Frederick County. Map Number 5100630115B.
Traffic
Recent traffic counts and traffic study analysis are contained herein for
Merriman's Lane. Special traffic analysis evaluated the turning
movements of the Merriman's Lane and Breckenridge Lane intersection.
Counts for vehicular turning movements at Breckenridge Lane at
Merriman's Lane located approximately 1,100 feet to the north of the
property are included. This information was provided to VDOT for
evaluation and recommendation as part of this rezoning study process.
The trip generation impact resulting from the proposed rezoning is
estimated at 478 average daily trips at full development of the property.
The PM peak hour increase of trips generated from full development of
the rezoning is 51 trips.
The increase of traffic volume at the Merriman's Lane and Breckenridge
Lane intersection during peak weekday PM hour is 52 trips.
The impact of the proposed rezoning based upon full development of the
27 acres increases the peak weekday PM hour trips to 586 at the
intersection of Merriman's Lane and Breckenridge Lane.
Sewage
There are no sewage conveyance or treatment problems associated with
this property. This property can be serviced by public sewer service.
Sewage service to this property is provided by the City of Winchester via a
12" gravity line.
Water
There are no water supply or transmission problems associated with this
property. The property can be served by City of Winchester public water
service via a 8" line.
Fire protection measures such as the installation of fire hydrants will be
addressed at the site development and subdivision stage. The installation
of fire protection hydrants poses no problems. The installation of fire
hydrants will improve the fire protection means of the surrounding
properties as well as enhancing the protection of the property. Current RA
zoning allows the development of five residential units without fire
protection measures. The fire fighting capabilities of the fire company
covering this area will be enhanced with the proposed rezoning.
Project Name: Merriman Chase
Intersection: Breckenrid e/' " rimans
Location: 2 mi. south of US Rte 50
Date: Yy1gLday, 9/6/97
Time Period
7:00 - 7:15
7:15 - 7:30
7:30 - 7:45
7:45 - 8:00
8:00 - 8:15
8:15 - 8:30
8:30 - 8:45
8:45 - 9:00
9:00 - 9:15
9:15 - 9:30
9:30 - 9:45
9:45 - 10:00
10:00 - 10:15
10:15 - 10:30
10:30 - 10:45
10:45 - 11:00
11:00 - 11:15
11:15 - 11:30
11:30 - 11:45
11:45 - 12:00
12:00 - 12:15
12:15 - 12:30
12:30 - 12:45
12:45 - 13:00
13:00 - 13:15
13:15 - 13:30
13:30 - 13:45
13:45 - 14:00
14:00 - 14:15
14:15 - 14:30
14:30 - 14:45
14:45 - 15:00
15:00 - 15:15
15:15 - 15:30
15:30 - 15:45
15:45 - 16:00
16:00 - 16:15
16:15 - 16:30
16:30 - 16:45
16:45 - 17:00
17:00 - 17:15
17:15 - 17:30
17:30 - 17:45
17:45 - 18:00
Traffic From
on Breckenridge
Left
0
2
1
2
0
3
1
6
2
1
0
0
0
2
2
3
1
4
2
7
3
0
5
0
1
3
0
0
3
1
1
4
8
3
4
0
5
5
5
10
8
4
5
1
West
Right
18
Total
18
Traffic From
on Merrimans
Right
0
South
Thru
10
Total
10
Traffic From
on Merrimans
Thru
8
North
Left
11
Total
19
31
27
31
27
23
26
26
34
33
24
25
17
19
29
28
35
20
39
41
43
35
48
22
31
41
17
24
18
26
39
44
53
35
47
42
73
58
66
65
68
50
42
27
Total
47
66
76
83
58
65
57
54
71
60
51
47
42
47
50
56
75
69
69
76
82
59
85
54
61
93
65
57'
56
68
77
89
89
80
84
84
123
120
140
151
117
98
73
59
18
20 0
15
15 8
23
25
26 5
18
23 5
22
30
32 1
19
20 5
26
16
16 2
13
15 5
22
27
30 1
11
12 3
20
21
22 2
7
9 5
21
12
18 1
9
10 3
23
27
29 2
6
8 5
29
19
20 1
6
7 4
29
17
17 2
8
10 9
15
15
15 1
6
7 6
19
17
17 2
6
8 4
13
19
21 1
6
7 3
16
10
12 3
6
9 6
23
18
21 1
6
7 7
21
29
30 3
7
10 8
27
32
36 3
10
13 6
14
19
21 3
6
9 7
32
22
29 0
6
6 8
33
30
33 3
3
6 11
32
18
18 2
4
6 10
25
25
30 1
6
7 9
39
22
22 1
9
10 3
19
21
22 1
7
8 10
21
35
38 5
9
14 12
29
30
30 2
16
18 1
16
23
23 3
7
10 9
15
25
28 1
9
10 4
14
34
35 1
6
7 6
20
30
31 2
5
7 12
27
30
34 2
9
11 12
32
25
33 1
2
3 14
39
38
41 0
4
4 12
23
22
26 2
9
11 6
41
29
29 3
10
13 12
30
37
42 2
6
8 11
62
48
53 1
8
9 11
47
56
61 4
9
13 11
55
60
70 6
10
16 11
54
28
36 4
9
13 20
48
33
37 8
3
11 19
31
18
23 3
5
8 13
29
25
26 1
5
6 7
20
Time Period
7:00 - 7:15
7:15 - 7:30
7:30 - 7:45
7:45 - 8:00
8:00 - 8:15
8:15 - 8:30
8:30 - 8:45
8:45 - 9:00
9:00 - 9:15
9:15 - 9:30
9:30 - 9:45
9:45 - 10:00
10:00 - 10:15
10:15 - 10:30
10:30 - 10:45
10:45 - 11:00
11:00 - 11:15
11:15 - 11:30
11:30 - 11:45
11:45 - 12:00
12:00 - 12:15
12:15 - 12:30
12:30 - 12:45
12:45 - 13:00
13:00 - 13:15
13:15 - 13:30
13:30 - 13:45
13:45 - 14:00
14:00 - 14:15
14:15 - 14:30
14:30 - 14:45
14:45 - 15:00
15:00 - 15:15
15:15 - 15:30
15:30 - 15:45
15:45 - 16:00
16:00 - 16:15
16:15 - 16:30
16:30 - 16:45
16:45 - 17:00
17:00 - 17:15
17:15 - 17:30
17:30 - 17:45
17:45 - 18:00
VA Rte 6221 Breckenridge Lane Intersection
Current Weekday Car Volumes
gilbert w. clifford and associates
Revision 1.0 - 10 September 1997 Attachment #1A
Counted totals adjusted to hourly volumes
Traffic From West
Traffic From South
Traffic From North
on Breckenridge
on Merrimans
on Merrimans
Total
Left
Right Total
Right
Thru
Total
Thru
Left
Total
N,S,E,W
Time Period
7:00 -
8:00
5
91
96
6
62
68
26
82
108
272
5
6
6
10
12
10
9
3
1
2
4
7
8
10
10
14
16
12
15
8
6
9
4
4
6
4
5
9
14
16
19
15
12
14
15
25
28
27
27
18
Time Period
7:00 - 8:00
7:15 - 8:15
7:30 - 8:30
7:45 - 8:45
8:00 - 9:00
8:15 - 9:15
8:30 - 9:30
8:45 - 9:45
9:00 - 10:00
9:15 - 10:15
9:30 - 10:30
9:45 - 10:45
10:00 - 11:00
10:15 - 11:15
10:30 - 11:30
10:45 - 11:45
11:00 - 12:00
11:15 - 12:15
11:30 - 12:30
11:45 - 12:45
12:00 - 13:00
12:15 - 13:15
12:30 - 13:30
12:45 - 13:45
13:00 - 14:00
13:15 - 14:15
13:30 - 14:30
13:45 - 14:45
14:00 - 15:00
14:15 - 15:15
14:30 - 15:30
14:45 - 15:45
15:00 - 16:00
15:15 - 16:15
15:30 - 16:30
15:45 - 16:45
16:00 - 17:00
16:15 - 17:15
16:30 - 17:30
16:45 - 17:45
17:00 - 18:00
VA Rte 622/ Breckenridge Lane Intersection
Hourly Weekday Car Volumes
gi/bert w. Clifford and associates
Revision 1.0 - 10 September 1997 Attachment #1 B
Merrimans Chase
SUMMARY OF TRIP GENERATION CALCULATION
FOR 55 DWELLING UNITS OF SINGLE FAMILY DWELLINGS
9/10/97
DRIVE
AVERAGE STANDARD ADJUSTMENT WAY
RATE DEVIATION FACTOR VOLUME
AVG WKDY 2-WAY VOL
9.55
3.66
1.00
525
7-9 AM PK HR
ENTER
0.19
0.00
1.00
11
7-9 AM PK HR
EXIT
0.55
0.00
1.00
30
7-9 AM PK HR
TOTAL
0.74
0.90
1.00
41
4-6 PM PK HR
ENTER
0.66
0.00
1.00
36
4-6 PM PK HR
EXIT
0.35
0.00
1.00
19
4-6 PM PK HR
TOTAL
1.01
1.05
1.00
56
AM GEN PK HR
ENTER
0.20
0.00
1.00
11
AM GEN PK HR
EXIT
0.56
0.00
1.00
31
AM GEN PK HR
TOTAL
0.76
0.91
1.00
42
PM GEN PK HR
ENTER
0.66
0.00
1.00
36
PM GEN PK HR
EXIT
0.36
0.00
1.00
20
PM GEN PK HR
TOTAL
1.02
1.05
1.00
56
SATURDAY 2-WAY VOL
10.19
3.65
1.00
560
PK HR ENTER
0.52
0.00
1.00
29
PK HR EXIT
0.44
0.00
1.00
24
PK HR TOTAL
0.96
1.00
1.00
53
SUNDAY 2-WAY
VOL
8.78
3.36
1.00
483
PK HR ENTER
0.44
0.00
1.00
24
PK HR EXIT
0.44
0.00
1.00
24
PK HR TOTAL
0.89
0.96
1.00
49
Note: A zero rate indicates no rate data available
Source: Institute of Transportation Engineers
Trip Generation, 5th Edition, With Feb. 1995 Update.
TRIP GENERATION BY MICROTRANS
Dater Vtion of Rezoning Impact
Full Development
Under Existing Zoning
Trips Generated
Development Type Agricultural (RA)
Area 27
Lot Size(ac) = 5 Lots - 5.0
Trip Rate
Average Daily Trips 9.55 48
P.M. Peak Hour Adj. Street 1.01 5
0
Full Development
Under Proposed Zoning
Trips Generated
Residential (RP)
Area 27
Lots - 55.0
525
56
Determination of Turn Ratios to/from Breckenridge
Associated Percentages
Total trips per day from Breckenridge (to west) =
1271
Total to North (turn right) =
1153
91%
Total to South (turn left) =
118
9%
Total trips per day to Breckenridge (to east) =
1300
Total from South (turn right) =
93
7%
Total from North (turn left) =
1207
93%
Determination of Turn Ratios to/from Merrimans
Total trips per day from northbound Merrimans =
444
Total to North (thru) =
351
79%
Total to East (turn right) =
93
21%
Total trips per day to southbound Merrimans =
479
Total from North (thru) =
361
75%
Total from East (turn left) =
118
25%
gilbert w. clifford and associates
Revision 1.0 - 10 September 1997
Proposed Increase'
Trips Generated
478
51
VA Rte 622/ Breckenridge Lane Intersection
Turn Movement Ratios
Attachment #2
Peak Hour Analysis 0 .
Current Breckenridge/ Va Rte 642 Intersection Volumes
Traffic From West Traffic From South
Breckenridge Merrimans
Left Right Total Left Thru Total
Time Period
16:00 - 17:00 25 201 226 13 33 46
New Zoning Trip Distribution
Trips Generated by 55 Lots Enter Exit
Total
During P.M. Peak Hour 37 19
56
Trips From the North
34
Trips From the South
3
Trips To the North
17
Trips To the South
2
Increase Traffic Volume at Breckenridge Merrimans Intersection Due to Rezoning
Traffic From West Traffic From South
Breckenridge Merrimans
Left Right Total Right Thru Total
Time Period
16:00 - 17:00 8 0 8 4 14 17
Impact of Development Based on Proposed Zoning
Traffic From West
Breckenridge
Left Right Total
Time Period
17:00 18:00 33 201 234
gilbert w. clifford and associates
Revision 1.0- 10 September 1997
Traffic From South
Merrimans
Left Thru Total
17 47 63
Traffic From North
Merrimans Total
Thru Right Total N,S,E,W
44 218 262 534
Traffic From North
Merrimans Total
Thru Left Total N,S,E,W
26 0 26 52
Traffic From North
Merrimans Total
Thru Right '• -Total N,S,E,W
70 218 288 586
VA Rte 642/ US Rte 522 Intersection P.M. Peak Hour
Intersection Traffic Volumes
Attachment #3
Drainage
Proper storm water management planning will result in minimal or no
site drainage impacts. Storm water calculations will be presented with
final subdivision design which show impacts created by the imposition of
the storm water generated from the development of this property on
existing downstream water course. Drainage generally flows toward
Abram's Creek. Pre -development runoff rates will be maintained using
recognized storm water management standards.
Solid Waste
There are no solid collection impacts identified.
Historic Sites
This property has no known historic significance. There are no structures
currently located on the property that are of historic significance.
Community Facilities
Education: This project will generate school age children and will
impact the schools. Capital costs for school age children is
mitigated with a like monetary proffer as suggested by the impact
model.
Emergency Services: This project will result in a capital cost impact for
Fire and Rescue. Capital costs for Fire and Rescue is mitigated with
a like monetary proffer as suggested by the impact model.
Parks and Recreation: This project will result in a capital cost impact
for Parks and Recreation because of it's residential characteristics.
Capital costs for Parks and Recreation is mitigated with a like
monetary proffer as suggested by the impact model.
Environment
There are no known major environmental impacts as associated with the
rezoning of this property. There will be certain minor negative impacts
due to the construction activity including runoff sediment, noise and
construction related traffic and traffic movements. These are to be
minimized by proper compliance with local and state laws for
environmental protection. The effects on the down -stream
impoundment and stream are minimal. There is no known loss of
irretrievable resources involved with this project.
• 0
There are no know endangered species of fauna, flora or wildlife which
will be effected by this project. Ground water and air quality should be
unaffected.
Tubal Early Drive/Extension/Route 37 Interchange
During the comment period for this rezoning and during the site analysis
for impacts the possible extension of Jubal Early Drive and construction of
an interchange at Route 37 was announced.
Information pertaining to the proposed project follows for review.
Other
This zoning change from RA to RP would create minor fiscal impact as
identified in the Frederick County Impact Model Report that is attached.
These impacts are off -set with a like contribution proffered to Frederick
County for each identified impact. There are no known other impacts.
RECOMM
N
grmhic f iw m hw1
0 S00 1000
Data : March 1995
JDED STUDY ALMRNATIVE
i 6a, s
761
2 ' REMOVE
' RAMPS
67 .. •:.. :.•. ••
FUNDS TO BE `• 'y�:.:.'.:'.'.:'•:.
PROVIDED BY 4 37 •.
WINCHESTER
MEDICAL / ` '••::: •.
CENTER L ` 81 680
NEW / .A . .
COLLECTOR/ / /. Wlnchestar 4 ry
DISTRIBUTION / . . . . /
ROADWAYS / / . • . . . /
4. 4
:.
.55
4 t a
62 6
(A)
Frederick • .:: ' ..,
REMOVE
INTERCHANGE A .
? ..'.;.:4:.,... .,....., j:.::...::.` County 'I
J7
2 a 2 LEGEND
41 \ STUDY AREA BOUNDARY
�\
6 Stephens IMPROVEMENTS ASSUMED
�P \ � 4 TO BE IN PUCE FOR
/ 4
NOBUILD CONDITIONS
CI� f 64 �
� 2 IMPROVEMENTS TO ROADWAY ON
e
? EXISTING ALIGNMENT
a N ROADWAY ON NEW ALIGNMENT
e 4
XXXXXXXXX ROADWAY REMOVED
/ (C) 5 4_ 277 IMPROVEMENT TO CORRECT
'ATE •ti .ova. a m .r 4 EXISTING GEOMETRIC DEFICIENCY
641 NUMBER OF LANES
�n .aoo�nv rw b ormp
a.00�o.+r. r1 l InW10!! BOlfl Dlnacnsl
• NEW INTERCHANGE
• RECONSTRUCTINTERCHANGE
• DEFICIENT INTERSECTION (A) FULL CLOVERLEAF INTERCHANGE
Wur n Eil.rrm IE.rI • wo.n Iv 0.ys ..ow ..+ AL
DEFICIENT SEGMENT (B) SINGLE POINT URBAN
'ma0 Wu o.rr. "ti gnu �..w..r .grr.n m.e.
INTERCHANGE
P Nwwloud I.a.a
.ono oor.sn.a. er .ue. »' •.wuv .n Emrr.ny 1 as DENOTES SEGMENTS TO BE REMOVED DIAMOND INTERCHANGE WITH
sip e.y,v.egcnsre. Carr FROM MODELED THOROUGHFARE SYSTEM (C) FIVE LANE DECK
ALTERNATIVE 5.0
YEAR 2015 LONG-RANGE ROADWAY IMPROVEMENTS
WINCHESTER AREA TRANSPORTATION STUDY
# Deno7NNewroject
MUNICIPALITY
/STREET DESCRIPTION
TYPE IMPROVE PROJECT NUMBER
LENGTH
ESTIMATED
COST
URBAN SYSTEM
IMPROVEMENT PROGRAM
(in Thousands of Dollars)
FY 98 THRU FY 03
ADD'L
PREVIOUS FUNDING ACTUAL
FUNDING REQUIRED ALLOCATION
/FUND
SOURCE 1997-98
1998 99
STAUNTON DISTRICT
URBAN SYSTEM
PROJECTED ALLOCATIONS BALANCE
TO
COMPLETE
1999 00 2000 01 2001 02 2002 03
Waynesboro
Main Street to
PE 500
North
North
4th Street
RW 2,000
Ave.
CN 5,148
TO 7,648
2,157 5,491
526
1,221
1,225
1,259
1,260
0
4 Lane
0340-136-102, PE101
1.Okm/O.6 M
RW201, C501
16446
S
Winchester
Pleasant Valley Rd.
•
Jubal Early
to Valley Pike
PRE U
(Construction
Complete)
Dr.
CN 5,955
TO 5,955
5,955
550
495
497
511
lor
528
547
4 Lane
0000 138 102, C502
S
Partial Reimbursement of
ebt Service
City Bonded lmprovemen
(Section 33.1
23.38)
0.7 Mile
B605
2768
Winchester
featherbed Lane
200 488
RE
1Ja�mc_WWA-ana
Loudoun Street
fo Wee/)5 Lane
44-0 8
CN bp03�ggg
trt
�{"
3,ti99
5 Lane
TO 2200`,
303 4,917
391
-'04
/21
�
/,003
0.3 M
0000-138-105, PE103,
8779
S
4,��0.0 U--
RW203, C503
Winchester
Meedesf ,Juba! Fa•,
Ami�ersE-�ireet
�o
PE tJ
1;189•
gr�cycb-Aue
Ha. v� r t �� ✓t
RW
.
2 La o�
k/e 37
CN 2;8864
`�300
367 2,748
709
900068�-
��or9po '��
tEE
P��Q
,0012 -0
fly1�9
Lane R►I
(/ncNd.tTO
r
0,-lWmA615--14
Rµag� r-�48a-
16444
S
St. to
r--
Woodstock
South Water
Hughes
High St. &
PE 598
(Under Construction)
St.
E. Reservoir Rd. to
Indian Spring Rd.
RW 1,189
CN 3,004
275
251
252
258
266
274
1,486
TO 4,791
1,729 3,062
2 Lane
0000-330-102, PE101,
S
0.86 Mile
RW201, C501, D602
4485
0
217
1,790
5,062
APPORTIONMENTS NOT ALLOCATED
0
11,600
0
10,470
10,507
10,572
9,360
6,478
STAUNTON DISTRICT
TOTALS
ALLOCATIONS
11,600
10,470
10,507
10,789
11,150
11,540
TOTAL
STP STATEWIDE
ALLOCATION
500
500
500
500
500
500
220
-
1
-
_.
J
_
wf
_ J �•*J 1 r t_
Preliminary Cost Estimate
Extend Jubal Early Drive
City of Winchester/ Frederick Co
9/15/97
Item
Sectionl
Sectionl
Section 3
Location
Rte 11 to Harvet Dr
Description
4-lane (construction complete)
2-lane (construction complete)
CN
RW
— $5,600
$0
- $48,000
PE
$38.760
$14,400
$251,160
Total
$367,360
$134,400
- - $2,392.160
$2,472,000
$884.943
$237,888
$6 Y90
$405,216
$405,216
-------
$500,000
------- - -----
$8,415,983
Harvest Dr to 0.23mi W.
Construct 2-lane on 4-Lane R/W _
Exist. J.E. Dr to Co. Line
$323,000
Section 4
Section 5
Section 6
Section 7
Winch/West. RR
At -Grade RR Crossing
$120,000
Co Line to Rte 37
Rte 621/37
Me 621/37
Rte 621/37
Rte 622 to Rte 50
Construct Vane on 4-Lane R/W
$2,0930000
New Interchange _
Widen Exist Bridge to 3 Lane _
Upgrade Deck and Opposite Rail
$2.100,000
$790,128
$212.400
. $120,000
_ $252,000
$0
—_ _ $94,815
$25,488
_-$64,800
- $43,416
$43,416
---
- —_—_
$0
$12,000
Add'I Accel/Decel Lanes
Widen Bridge to 3 lane
Widen Bridge to 3 lane
----- ----
Utility Relocation
$540,000
Section 8
TOTAL
Rte 37 SB Bridge at RR
$361.800
$361,800
$0
$0
Rte 37 NB Bridge at RR
$500,000
—
----------
$828,255
$6,902,128
$685,600
�ho
V IN IA. 0
FREDERICK COUNTY. Set.
/45- ZKc
This instrument of writing was produced to me
on the 17th day of February, 1920 and with certificate of acknowledgment thereto
annexed was admitted to record.
C. C. Brannon, Clerk
# 86
FRED A., FRANK B. AND HARRY D. ROBINSON #
#
TO DEED OF PARTITION #
IIARRY F. BYRD AND SHIRLBY CARTER #
THIS DEED, made this 26th day of January, 1920,
between FRED A. ROBINSON and MAIIE B. ROBINSON, his wife, FRANK B. ROBINSON and
EVF.LYN B. ROBINSON, his wife, and HARRY D. ROBINSON, unmarried, parties of the
first part, HARRY F. BYIID and ANNIE DOUGLAS BLVERLEY BYRD, his wife, and SHIRLEY
CARTER and EMILIE G. W. CARTER, his wife, parties of the second part, IIERBERT S.
LARRICK, trustee, party of the third part, and S. L. LUPTON and EUNICE M. LUPTON,
his wife, parties of the fourth part.
R'ITNESSETH: That, whereas the said Fred A. Rob-
inson, Frank. B. Robinson and Harry D. Robinson are seised in fee simple, subject
to the deed of trust hereinafter mentioned, of a one-half undivided interest in a
certain tract of land, which interest was conveyed to them by deed from S. L.
Lupton and Eunice M. Lupton, his wife, dated the first day of August, 1919, and
recorded in the clerk's Office of the Circuit Court for Frederick County, Virginia
in deed book 144, page 309, to which deed reference is hereby made; and, whereas,
the said Harry F Byrd became seised in fee simple of the other one-half interest
in the same tract of land, by deed from Cadwell C. Tyler and Margaret M. Tyler,
his wife, dated the twenty ninth day of April, 1919, and recorded in the same
office in deed book 144, page 88, and by deed dated the sixth day of January,
1920, recorded in the same office in deed book , rage , did convey
to the said Shirley Carter a one-half interest thereof; to both of which deeds a
reference is hereby made; and, whereas, the said entire tract of land has been
surveyed and a line ddividing the same into two tracts of equal acreage, numbered
respectively one and two on the,plat of said survey, has been run and established
all of which appears on the said plat whir.h is made a part of this deed and is
recorded therewith; and, whereas, as will appear from reference to the deeds
above mentioned and to the said plat, the entire is ar,t is ciascribeu and b ou:_
i----d
as follows, namely:
That certain tract or parcel of land lying and
being situate in Frederick County, Virginia, in Shawnee Magisterial District
about two miles west of Wj nchester,•adjoining the lands of Jacob E. Baker?s
estate, T. N. Lupton's estate, Dr. J. F. R'ard, J. B. Russell and others, the
boundaries of which are: Beginning at the point of intersection of the center
17
26.E
0 0
line of Merriman's Lane and the south right-of-way line of the Winchester and
bestern Railroad; thence north 32z degrees west 61.80 poles to a stake, corner
to Ward and the said IF.& IV. R. R. ; thence north 614 degrees west 111.80 poles
to post, corner to John Gough in Ward's line; thence south 55-k degrees west
109.88 poles to a post, corner to Mrs. Aiina Lupton in James Cather's estate line;
thence south 354 east 177 poles to the center of the said Merriman's Lane; thence
with the center line thereof, north 424 degrees east 84 poles to a bend in the
said land; thence with the center line of the said lane, north 38- degrees east
9.40 poles to a bend therein; thence with the center line of the said lane, north
61-21 degrees east 64.50 poles to the point of beginning; containing one hundred
and forty -file (145) acres, one (1) rood and twenty six and one-half (26J7) poles,
more or less.
This is the same tract of land which was conveyed to
S. L. Lupton, by deed dated the thirteenth day of March, 1894, from Jacob E.
Baker and others, recorded in the clerk's office of the Circuit Court for
Frederick County in Deed Book 112, page `193, said Lupton having subsequently
conveyed a one-half undivided interest thereof to Cadwell C. Tyler, by deed dated
the fifth day of April, 1894, recorded in the same office in deed book 11?, page
399.
NOW, THEREFORE, to the end and intent that a perfect
partition may be had between the said parties of the said tract of land, Fred A.
Robinson, Frank B. Robinson and IIarry D. Robinson, of the one part, and harry P.
Byrd and Shirley Carter, of the other part, by their own mutual consent and
agreement, have and do hereby make partition of the same in the manner following;
The said Harry F. Byrd and Shirley Carter shall have
for their one-half interest in the said tract of land, in severalty and divided
from the portion of the said Fred A. Robinson, Frank B. Robinson and IIarry D.
Robinson, all of that part thereof designated on the said plat as tract # 2.
And the said Fred A. Robinson, Frank B. Robinson and
Harry D. Robinson shall have for their one-half interest in the said tract of
land, in severalty and divided from the portion of the said IIarry F. Byrd and
Shirley Carter, all of that part thereof designated on the plat as tract # 1.
Wherefore, the said'parties of the first part, in
consideration of the provisions contained in this deed, do grant unto the said
IIarry F. Byrd and Shirley Carter, with special warranty, all of that part of
the said tract of land designated as tract # 2, and bounded as follows;
Point of beginning same as that of tract # 1, and
running with the division line of said tract, north 402 degrees west 68 poles;
thence north 352 degrees east 13.92 poles; thence north 8 degrees east 6.68
poles; thence north 541 degrees west 13 poles; thence south 34 degrees west
23.32 poles; thence north 544 degrees west 80.32 poles to a stake, corner to
line of the property of Mrs. A. If. Woods, formerly the T. N. Lupton estate; then
with said Wood's line and the line of John Gough, north 55� degrees east 68.72
poles to a post, corner to said Gough in Julian F. Ward's line; thence with the.
said Ward's line south 614 degrees east111.80 poles to a stake, corner to said
xe
ward and the Winchester & Western Railroad right-of-way; Hence with said right-
of -way line south 32j- degrees east 61.80 poles to the center of said Merriman's
Lane; thence with or about the center of said lane, south 612 degrees west 64.50
poles; thence with the center of the said lane south 3812- degrees west 9.40
poles to the point of beginning; containing seventy-two (72) acres, two (2)
roods and thirty-three (:33) poles, more or less.
And wherefore, the said parties of the second part,
in consideration of the provisions contained in this deed, do grant unto the
said Fred A. Robinson, Frank B. Robinson and IIarry D. Robinson, with special
warranty, all of that part of the said tract of land designated as tract # 1,
and bounded as follows:
Beginning at a point in the center line of Merriman'.
Lane, 84 poles north-eastwardly from the intersection of the James Cather estate
and the Byrd, Carter, Robinson line with the center line of the said lane;
thence north 402 degrees west 68 poles; thence north 35-1? degrees east 13.92
poles; thence north 8 degrees east 6.68 poles; thence north 542 degrees west
13 poles; thence south 34 degrees west 23.32 poles; thence north 54a degrees
west 80.32 poles to a stake in the line of a tract of land formerly the T. N.
Lupton estate, now the property of Mrs. A. M. woods; thence with said line and
that of Mrs. Anna Lupton, south 551 degrees west 41.16 poles to post, corner to
Mrs. Anna Lupton in the line of th^ James Cather estate; thence with said Cather
line south 351& degrees east 177 poles to the center of Merriman's lan&; thence
in the center thereof north 424 degrees east 84 poles to the point of beginning;
containing seventy-two 472) acres, two (2) roods and thirty-three (:33) poles;
giore or less.
In consideration of the provisions,contained in
this deed, the said Fred A. [lobinson, Frank B. Robinson and Harry D. Robinson. -
of the first part, and the said Harry F. Byrd and Shirley Carter, of the second
part, covenant and agree with each other, their heirs and assigns, as follows:
namely:
(1) That the electric light and power transmission line appurtenant to the tract
of land herein partitioned shall be jointly owned, maintained and repaired as
an appurtenances to both tract # 1 and tract # 2.
(2) That the spray mixing and air compressing machinery, the electric motor,
and all accessories, located in the two story frame mixing house on tract * 2,
shall be considered fixtures attached to and conveyed with the said tract.
(3) That the parties of the first part, their heirs and assigns, shall have an
easement to pipe water from the well located under the said two story frame
mixing house, in a direct underground pipe line to tract IP 1.
(4) That the parties of the first part are granted a license to pipe ::ir in
a direct underground line, from the air compressor in the said mixing house to
tract ff 1; but this license shall be subject to revocation.
(5) That the cost of' the repairand maintenance of the air compressing machinery
and motor shall be equally borne by both parties hereto, so long as both shall
make use thereof; and the expense of power for pumping water i'rom the said will
and for compressing air for spraying, shall be proportioned between the said
Iarties according to the auiourit of power they shall use.
I and # 2(6) That a drivewayor road sixteen re-t in width, shal • maintained and re-
paired at the joint expense of ttic owners of tracts f� , and shall extend
along the division line between said tracts, eight feet of the road being on
one side of the line and eight feet on the other side thereof', from Merriman's
Lane to a point in the (livision line opposite the said spray mixing house. At
the request of either of the parties hereto each shall erect a fence on their sic
of the road eight feet from the center thereof; and at the request of either
the road shall be surfaced and the sosts borne equally by both parties.
(7) That a division fence shall be erected on the whole or any part of the di-
viding line between the tracts, save and except that part running through the
center of the roadway, whenever request therefor is made by either of the parties
hereto, and the expense and work shall be shared equally.
(8) That all of the personal property, consisting of orchard pircking, packing
and spraying equipment, farming utensils, tools and machinery, horses, cows,
hogs and all equipment of every other description, -owned jointly by the parties
of the first and second part by virtue of the deeds herein mentioned, shall be
equally divided in kind between the said parties, but should they be unable to
agree upon such a division, then tine s::id property shall be sold at public auc-
tion, for cash, and the proceeds thereof equally divided between the I,arties.
And, whereas, by a deed of trust dated the first day
of August, 1919, and recorded in the cleric's office of the Circuit Court for
Frederick County, Vir O nia, in deed book 144, page 312, the said Fred A. Robinso
Frank B. Robinson and Iiarry D. Robinson did convey to the party of the third
part, in trust to secure the payment of certain purchase money bonds, the one-
half interest in the tract of land herein partitioned which they had purchased
from the said S. L. Lupton.
NOW, TIlErIFFnIIE, in consideration of the provisions
contained in this deed, and for the further consideration of one dollar in hand
paid, the receipt of which is hereby arknowle(iged, the said party of the third
part, at the request and with the consent of the said S. L. Lupton, testifiers
to by his becoming a party to this deed and signing and sealing the same, (loth
grant and release unto the said Harry F. Byrd and Shirley Carter, with special
warranty, all of the ri;irt, title and interest which he has or may Dave by
virtue of said deed of trust in and to the said tract # 2 of the land herein
party tioned.
And in consideration of the provisions contained
in this deed, and for the further consideration of one dollar in hand paid,
the receipt of which is hereby acknowledged, the said parties of the fourth
part do release and grant to the said Iiarry F. Byrd and Shirley Carter, the
lien of tine said trust deed and all their claims upon the said land herein par-
titioned designated as tract � 2; provided, that nothing contained in this deed
shall be construed to release from the lien of the sail deed of trust, that
part of the land partitioned designated as tract 1.
WI"rNI.SS THE F01101vin04 signatures and seals;
Fred A. Robinson
XSEAL)
mamie B. Robinson
(SEAL)
Frank B. Robinson
(SEAL4
Evelyn B. Robinson
(SEAL)
Harry D. Robinson
(SEAL)
Harry F. Byrd
(SEAL)
Anne Douglas Beverley Byrd
(SEAL)
Shirly Carter
(SEAL)
Emilie G. IV. Carter
(SEAL)
Herbert S. Larrick, Trustee
(SHAL)
gt,B6RT vv. 31ouSSH
S. L. Lupton
(SEAL)
1. Eunice m. Lupton
(SEAL)
STATE OF VIRGINIA.
CITY OF WINCIIESTER, to -wit:
I, Mary J. Brown, a Notary Public of and for the
City aforesaid, in the State of Virginia, do certify that Fred A. Robinson and
Mamie B. Robinson, his wife, and Harry U. Robinson, whose names are signed to
the writing hereto annexed, bearing date on the 26th clay of January, 1920, have
acknowledged the same before me, in my City aforesaid. My term of office expires
on the 21st clay of June, 1922.
Given under my Band this 27th clay of January, 1920.
Mary J. Brown, Notary Public.
STATE OF V',EST VIRGINIA.
COUNTY OF JEFFERSON, to -wit:
I, Vi. F. Alexander, a notary public of and for the
county aforesaid, in the state of Vtiest Virginia, do certify that Frank B.
Robinson and Evelyn B. Robinson, his wife, whose names are signed to the writing
hereto annexed, bearing (late on the 26th day of January, 1920, have acknowledged
the same bef'or® me in my county and state aforesaid. Dfy term of office expires
on the loth day of Octob(-r, 1929.
day of January, 1920.
(NOTARY ':�SEALI�)
STATE OF VIRGINIA.
COUNTY OF FREUEMICK, to -wit:
Given under my hand and of'ficial seal this 27th
W. F. Alexander, Notary Public.
I, Elsie M. Maphis, a Notary Public of and for the
county aforesaid, in the state of Virginia, do certify that IIarry F. Byrd and
Annie Douglas Beverley Byrd, his wife, whose names are signed to the writing
hereto annexed, bearing date on the 26th day of January, 1920, have acknowledged
the same before me, in my county aforesaid,
My term of office expires on the 20th day of November, 1922.
Given under my hand this 26th day of January, 1920. �I
I
Elsie DI. 11aphis, Notary Public.
0
STATE OF VIRGINIA.
CITY OF V INCIIL•'STER, to -wit:
I, G. M. liansbrough, a Notary Public of and for the
county aforesaid, in the state of Virginia, do certify tiiat Shirley Carter and
Emilie G. IV. Carter, his wife, whose names are signed to the writing hereto
annexed, bearing (late on the 26th day of January, 1920, have acknowledged the
same before me, in my city aforesaid. My term of office expires on the 17th
day of Oct. 1923.
(NOTARY SEAL)
S'rATE OF VIRGINIA.
COUNTY OF FREDERICK, to -wit:
Given under my hand this 26th clay of January, 1920.
G. \f. Iiansbrough, Notary Public.
I, Alice L. Osburn, a notary public of and for the
county aforesaid, in I,he state of Virginia, do certify that Ilerbert S. Larrick,
Trustee, whose name is signed to the writing hereto annexed, bearing date on
the 26th day of January, 1920, has acknowledged the same before me in my county
aforesaid. My term of office expires on the 2nd day of July, 1921.
Given under my hand this 17th flay of Feby, 1920.
Alice L. Osburn, Notary Public.
BISTRICT OF COLUMSBIA.
CITY OF UASHINGTON, to -wit:
I, Albert W. Sioussa , a Notary public of and for
the City aforesaid, in the District of Columbia, do certify that S. L. Lupton
and Eunice 11. Lupton, his wife, whose names are signed to the writing hereto
annexed, bearing date on the 26th day of January, 1920, have acknowledged the
same before me in my city aforesaid. Ify term of office expires on the 16th day
of April, 1923.
Given under my hand and official seal this l6th
day of February, 1920.
(NOTARY SEAL)
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• Boundaries of Entire TractAeginning at point of
intersection of the center line of Merriman's Lane and the south right of way
line of the Winchester and Western Railroad, thence North 3212- degrees west 61.80
poles to a stake corner to hard and Y1. & W. it. ft. ; thence north G14° west
111.80 poles to post corner to Gough in Ward line; thence south 55;o west 109.88
poles to a post corner to Mrs. Anna Lupton in James Cather Estate line; thence
south 3540 east 177. poles to the center of the said Merriman's lane; thence
with the center line of the said lane, north 424-0 east 84. poles to a bend in
the said lane; thence with the center line of the said lane north 38-12-0 east 9.40
poles to a bend in the said lane; thence with the center line of the said lane
north 6110 east 64.50 poles to the point of beginning, containing one hundred
and for (145 A) acres, one (1) rood and twenty-six and onerrhalf (262) P
poles, more or less.
Boundaries of Tract Number 1. Beginning at a point
in the center line of Merriman's Lane, eighty-four (84 P) poles north-eastwardly
from the intersection of the James Cather Estate and the Byrd, Carter, Robinson
line with the center line of the said lane; thence north 402 west sixty eight
(68 P.) poles, thencenorth 35J° east thirteen and 92/100 (13.92 P) poles;
thence north 80 east six and 68/100 (6.68 P) poles, thence north 5450 west
thirteen (13) poles; thence south 240 west twenty-three and 12/100 (23.32)
poles; thence north 5440 west eighty and 32,100 (80.32) poles to a stake in the
line of a tract of land formerly the T. N. Lupton Estate now the property of Mrs.
A. M. IYoods; thence with said line and that of Mrs. Anna Lupton south 55-4 0
west forty one and 16/100 poles to .post corner to Mrs. Anna Lupton in line of
James Cather Estate; thence with said Cather line south 354° east one hundred and,
seventy seven (177) poles to the center of Merriman's Lane; thence in the center)
thereof north 4240 east eighty four (84) poles to the point of beginning, con-
taining seventy two (72) acres, two (2) raods and thirty three (33) poles, more
or less. i.
Boundaries of Tract Number 2: Point of beginning
same as that of Tract Number 1, and riznnin.- with the division line of said tract,
north 40P-0 west sixty eight (68) poles; thence north thirty five and one halo
(35-LP) 0 east thirteen and 92/100(13.92) poles; thence north 80 east six and
68/100 poles; thence north 54J-0 west thirteen (13) poles;' thence south 340 west
twenty three and 32/100 (23.32) poles; thence north 5440 west eighty and
32/100 (80.32) poles to a stake corner to line of the property of Mrs. A. M.
Woods, formerly the T. N. Lupton Estate; thence with said Wood's line.and the
line of John Gough, north 55X0 east sixty.eight and 72/100 (67.72) poles to a
post corner to said Gough in Julian F. 4ard's line.; thence with the said Ward's
line south 614° east one hundered and eleven and 80/100 (111.80) ,j)oles to a
stake corner to said Ward and the Winchester & Western Railroad right-of-way;
thence with said right-of-way line, south 3220 east sixty one and 80/100 (61.80)
poles to"the center of said Merriman's Lane; thence with or about the center of
said lane, south 611!'0 west sixty four and 50/100 (64.50) poles; thence with the
center of the said lane south 38�L-10 west nine and 40/100 poles to the point of
beginning, containing seventy two K (72) acres, two (2) roods and thirty three
(:13) poles, more or less.
Thr- above. Plat represents the division of a tract
• 0
of land, the property of Fred A. Robinson, Frank B. Robinson and Harry D. Robin-
son, and Harry F. Byrd and Shirley Carter, as surveyed by the undersigned and
divided into Eruct Number band Tract Number 2.
VIRGINIA.
FREDERICK COUNTY. Set.
Given under our hands this 17th day of January, 1920.
A. J. Tavenner, Surveyor Frdderick County.
Walker McC. Bond.
This instrument of writing was produced to me on
the 17th day of February, 1920 and with certificate of acknowledgment thereto
annexed was admitted to record.
C. C. Brannon, Clerk.
�j�,,�
# 87
IIUGH ASHWOOD Is'f U1.
TO DEED
r
HARRY J. FLOWERS
* x, * * * * * * * * * u x m
THIS DEED made and dated this 18th day of February,
1920, between IIUGH ASHWOOD and MARY J. ASHWOOD, his wife, parties of the first
part and HARRY J. FLOwERS, party of the second part.
wI'rNl,SSETIi; That the parties of the first part for
and in consideration of the purchase price of Fifteen Thousand Dollars ($15,000.
paid and to be paid as hereinafter recited, by the said Harry J. Flowers, does
hereby grant and convey with general warranty of title unto the said Harry J.
Flowers, his heirs and assigns forever, all of that certain tract of land
with buildings thereon appurtenances and privileges thereto belonging, contain-
ing one hundred and nine (109) acres, more or less, and located about one mile
west of Burtonsville, in the County of Frederick, Virginia, adjoining Miller,
Rice, Henkel and Heise, known as the "Keyser Farm" and being the same tract of
land conveyed to the said Hugh W. Asitwood, by deed of llarry C. Stouffer and wife
bearing date March 1, 1918, and being a part of a larger tract of land conveyed
to said Harry C. Stouffer by Carson Keyser and others, September 12, 1917,
which deeds are of record respectively in I)eed Book 141, page 484, and 141,
page 89 of the Circuit Clerk's Office for Frederick Bounty, Virginia, to which
deed and the references therein contained reference is here made for a more
detailed (tescription of the property herein conveyed. This farm is subject to
a right of way as recited in deed from Stouffer to Ashwood, Deed Book 141, page
484.
Of the purchase price, Twelve Thousand Dollars
($12,000.00) has been paid before the, delivery of this deed, the receipt of
which is hereby acknowledged and the balance of said purchase price is to be
Paid by tile_ assumption on the part of the said llarry J. Flowers of the payment
ll/ll
26d
• * 0 /45 NZ� 9
ff ea
HARRY F. BYRD ET ALS.
*
TO DEED
*
WILLIAM BEVERLEY
* * * * * * * * * * * * * * *
THIS DEED made this 18th day of February, 1920, be-
tween HARRY F. BYRD and ANNIE DOUGLAS BEVERLEY BYRD, his wife, and SHIRLEY CARTEL
and EMILIE G. W. CARTER, his wife, parties of the first part, and WILLIAM BEVERLI
party of the second part.
WITNESSETH: That in consideration of Ten (,$10.00)
Dollars and other valuable consideration, the receipt of which is hereby acknow-
ledged, the said parties of the first part do grant unto the said party of the
second part, his heirs and assigns forever, with general warranty of title, an
one-third undivided interest in and to the following property, namely:
(1) All of that certain tract of land, imprroved by an
apple orchard thereon situated, lying and being in Frederick County, Virginia,
in Shawnee Magisterial District, about two miles west of Winchester, adjoining
the lands of Fred A., Frank B., and Harry D. Robinson, Mrs. A. M. Woods, John
Gough, Dr. Julian F. Ward, Winchester and Western Railroad Company, and others,
bounded as follows:
Beginning at a point in the center line of Merriman's
Lane, 84 poles north-eastwardly from the intersection of the James Cather es-
tate and the Byrd, Carter, Robinson line with the center line of the said lane;
thence running north 40-1 degrees west 68 poles; thence north 35f degrees east
13.92 poles; thence north 8 degrees east 6.68 poles; thence north 54-1 degrees
west 13 poles; thence south 34 degrees west 23.32 poles; thence north 54-i degrees
west 80.32 poles to a stake, corner to line of the property of Mrs. A. M.
Woods, formerly the T. N. Lupton estate; thence with said moods' line and the
line of John Gough, north 5516 degrees east 68.72 poles to a post, corner to
said Gough in Julian F. Ward's line; thence with the said Ward's line south
61# degrees east 111.80 poles to a stake, corner to said Hard and the Winchester,
and Western Railroad right-of-way; thence with said right-of-way line south 321
degrees east 61.80 poles to the center of said Merriman's Lane; thence with or
about the center of said lane south 61-� degrees west 64.50 poles; thence with
the center of the said lanesouth 38-� degrees west 9.40 poles to the point of
beginning; containing seventy two acres, two roods and thirty-three poles, more
or less.
(2) All of the personal property, consisting of or-
chard picking, packing and spraying equipment, farming utensils, tools and
machinery, horses, cows, hogs and all equipment of every other description;
also all covenants, agreements, rights, easements, appurtenances, fixtures and
assessories conveyed to Harry F. Byrd and Shirley Carter in a certain partition
deed from Fred A•, Frank B. and Harry D. Robinson and wives, dated the 26th day
of January, 1920, and recorded in the clerk's office of the Circ#it Court for
Frederick County, Virginia, in deed book 145, page, 260, to which deed reference
is hereby made for a fuller description of the property herein conveyed.
i
0 The said Harry F. Byrd and Shfey Carter covenant
that they have the right to convey the said land and property to the aforesaid
grantee; that the said grantee shall have quiet possession of the said land and
property in common with themselves, free from all encumbrances, save and except
such as are set forth in the partition deed hereinabove referred to; that they
have done no act to encumber the said land or property; and that they will exe-
cute such further assurances of said land and property as may be requisite.
WITNESS the following signatures and seals.
* WAR REVENUE STAMPS
* FIFTEEN DOLLARS •
* CANCELLED
STATE OF VIRGINIA.
COUNTY OF FREDERICK, to -wit:
Harry F. Byrd (SEAL)
Annie Douglas Beverley Byrd (SEAL)
Shirly Carter (SEAL)
Emilie G. W. Carter (SEAL)
I, Elsie M. Maphis, a Notary Public of and for the
county aforesaid,,in the State of Virginia, do certify that Harry F. Byrd and
Annie Douglas Beverley Byrd, whose names are signed to the annexed writing,
bearing date on the 18th day of February, 1920, have acknowledged the same be-
fore me in my Bounty aforesaid. My term of office expires on the 20th day of
November, 1922.
Given under my hand this 18th day of February, 1920.
Elsie M. Maphis, Notary Public.
STATE OF VIRGINIA.
CITY OF WINCHESTER, to"wit:
I, G. M. Hansbrough, a Notary public of and for the
city aforesaid, in the state of Virginia, do certify that Shirley Carter and
Emilie G. R. Carter, his wife, whose names are signed to the annexed writing,
bearing date on the 18th day of February, 1920, have this day acknowledged the
same before me in my city aforesaid. My term of office expires on the 17th
day of October, 1923.
Given under my hand this 18th day of February, 1920.
G. M. Hansbrough, Notary Public.
VIRGINIA.
FREDERICK COUNTY. Set.
This instrument of writing was produced to me on the
18th day of February, 1920 and with certificate of acknowledgment thereto
annexed was admitted to record.
C. C. Brannon, Clerk.
e"
r - ` leo.�--�r�
4. -1,(1
la.310 9
FRED A. ROBINSON. ET ALS.
* TO: DEED.
* TH] C: L. ROBINSON ICE & COLD
STORAGE CORPORATION OF '.TINCHESTER
* VIRGINIA.
THIS DEED made and dated this Ist day of.May, 1930,•between Fred A.
Robinson and Mamie B. Robinson, his wife, Frank B. Robinson and Blanche Robinson; his_
wife, and Harry Di.Robinson and Louise H. Robinson, his wife, all parties of the first
part; and The C: L: Robinson Ice & Cold Storage Corporation, a Corporation incorporated
under the Laws of the State of Virginia, party of the second part.
viTITNESSETH: That the parties of the first part, in consideration of the
cash sum of Ten Dollars ($10.00) and in further consideration of the party of the
second part assuming the payment of certain indebtedness hereinafter more fully set
forth, do Grant and convey, with general warranty of title, unto the said party of.the
.second pert, its successors or assigns, the following described real and personal
property, more particularly described as follows, to -wit:
Parcel One: All of that certain tract or parcel of land, containing Two
Hundred & Sixty-seven & One-half (267--) Acres, more or less, Iying and being situate
in Frederick County, Virginia, about two and one-half (2--) miles West of ;Vinchester,
on the North side of the North Western Grade, adjoining the lands of C. A. Lupton, H.
Clay DeGrange and others, being the roalty of which Dr. John S. Lupton, late of Frederi
County, Virginia, died seised and possessed, and is knorn as the Stonewall Orchards,
and being the =game property conveyed as item one to Fred A. Robinson, Frank B: Robinson
and Harry D. Robinson from S. L. Lupton, et ux, by Deed dated August Ist, 1919, and
recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia,)
in Deed Book No. 144, page No. 309.
Parcel Two: All of that certain tract of land together with all improve:- nti
thereon, right and Pppurtenances thereto belonging, containing SeAenty-two.(72) Acres,
Two (2) Roods and Thirty-three (33) poles, more or less, in Shawnee Magisterial
District, about two (2) miles -est of "TinchA -ter, Virginia, being; the same property the -
was conveyed to Fred A. Frank B. and Harry D. Robinson from H. F. Byrd and Shirley
Carter in a Partition Deed, dated January 26, 1920, and recorded in the aforesaid
Clerk's Office in Deed Book No..145, pa.=re No. 2. but subject to all easements and
conditions named in .;aid Deed.
17=
Three: All of the personal property belonging to said parties of the
first part, now located on said two tracts of land, including all live stock, all farm
implements and tools, all orchard equipment, and appliances, all harness and wagons,
and all other personal property of whatever kind and description located on said
premises,
Four: A lot of camp and kitchen equipment heretofore used by the parties
of the first part in the orchards hereinbefore described and formerly stored in the
residence of'S. L. Lupton in ',Yinchester, Virginia, and being the same property conveyer
as item four to the parties of the first part from S. L. Lupton and vrife, by Deed dater
August l.st, 1919, and recorded in the aforesaid Clerk's Office in Deed Book No. 144,
page No. 309.
As a part of the consideration of this conveyance, the party of the second
part covenants and binds itself to pay the follo-:rin_; lien indebtedness against said
nrnnerty:
poi
First Lien: That certain Deed of Trust to Philip.71illiams, Trustee,
to secure to' the Handley -Board of' Trustees, of 7inchester, Virginia, the sum of T.aenty-
five Thousand Dollars ($25,000.00) and to Hempstead Bull, the sum of Twenty Thousand
Dollars ($20,000.00) all secured ratably and viithout-preference in the same Trust, whit
Trust bears date February 6th, 1925, and is of record in the aforesaid Clerk`.s Office,
In.Deed Book No. 152, page No. 536.
Second Lien: That certain Deed of Trust to John M. Steck, and M. M. Lynch,
Trustees, secureing to the Farmers & Merchants National Bank & Trust Company, of
!Jlinchester; Virginia, the sum of Twenty-two Thousand Dollars ($22,000.00) which Trust
bears date November 5th, 1927; and is of record in the aforesaid Clerks Office, in
Deed Book No. 156, page No: 323. _ ..
Said parties of the first part covenant that they have a good right to
convey said property; that the same is free from all liens and encumbrances except that
the debt herein assumed by the purchaser, and that they will forever warrant and f
defend the title thereto.
Witness the following signatures and seals this date above written.
FRED A. ROBINSON.
(SEAL)
MAMIE B. ROBINSON.
(SEAL)
FRANK B. ROBINSON.
(SEAL)
BLANCHE ROBINSON.
(SEAL)
HARRY D. ROBINSON.
(SEAL)
LO.UISE H. ROBINSON.
(SEAL)
ST1',TE OF VIRGINIA.
CITY OF WINCHE3TER, to -wit:
I, F. Howard Schindel, a Nptary Public in and for the City of 17inchester,
State of Virginia, hereby certify that Fred A. Robinson and Mamie B. Robinson, his
wife; Frank B.-Robinson and Blanche Robinson, his wife; and Harry D. Robinson and
Louise H. Robinson, his wife, whose names are signed to the foregoing writing, bearing
date on the lst day of May, 1930, have this day acknowledged the same before me'in
,my City and State aforesaid; and I further certify that my Commission as Notary Public
expires May 17th, 1933.
Given under my hand this 29th day of'September 1930.
F. H97ARD SCHINDEL.
NOTARY PUBLIC.
VIRGINIA.
FREDERICK COUNTY SCT:
This instrument of writing was produced to me on the 6th day of October,
1930 and with certificate of acknowledgment thereto anrn xed was a ' tted to record.
DEPUTY CLERK.
14
t , _% . 0 0 173-' 14-1 `
#48
HARRY F. BYRD ET ALS
TO:: DLED
C. L. ROBINSO1. ICE & COLD
STORAG` CORIP011TI01d
THIS DEED made and dated this 31st day of December, 1936, by
and between Harry F. Byrd, and Annie Douglas Beverley Byrd, his wife, William Beverley
and Elizabeth Palmer Beverley, his wife, and Shirley Carter (widower) of the first
part and C. L. Robinson Ice and Cold Storage Corporation, a corporation created by and
3d137
existing under the laws of the State of Virginia, hereinafter sometime designated as
"The Robinson Corporation" of the second part.
WITNESSETH that for and in consideration of the payment by the
Robinson Corporation to the parties of the first part of the sum of Ten Thousand
(ti�10,000.00) Dollars in cash on and before the delivery of this deed, the receipt of
which is hereby acknoviledoed, the parties of the first part do hereby grant and convey
L,
unto the Robinson Corporation, of the second part, and its successors forever, 1.,,ith
general warrant of title, all of that certain tract of land in Shav-inee I.Iagisterial
District, Frederick County, Virginia, situate about two miles ',.,'Jfest of Viinchester,
Virginia, containinr seventy-two (72 a.) acres, two (2 rd,) roods and thirty-three
(33 n.) poles, more or less to -ether with the improvements and all rifhts and things
appurtenant thereunto that was conveyed by Fred A., Frank B., and IT. Delmar hobinson,
and others, to Barry F. Byrd and Shirley Carter by partition deed dated January 26,
1920, of record in the Frederick County Clerk's Office in Deed i3ook 145, at paEe 260,
reference to vilich is hereb,, made, and being the same :roperty in V-dhich a one-third
undivided interest was conveyed to William Beverley by Harry F. Byrd and wife and
Shirley Carter and wife, by deed r'iated February 18, 1920, of record in the said Clerk'E
Office in Deed Book 145, at nacre 269, wherein said real estate is described as "adjoin
in- the lands of Fred A., Frank B., and Harry D. Robinson (Harry D. Robinson being
the same person as 11. DeLTonr Robinson, Yrs. A. ',goods, John Gough, Dr. Julian F.
I'Vard., *,'iinchester and Viestern Railroad Company, and others, bounded as follows:
"Beginning at a point in the center line of 1,"arriman's Lane,
84: poles north-eastwardly from the intersection of the James Cather Estate and the
Byrd, Carter, Robinson line with the center line of the said land; thence running
north 402 degrees west 68 poles; thence north 352 degrees east 13.92 -poles: thence
north 8 degrees east 6.68 poles; thence north 54� degrees west 13 poles; thence south
34 der-rees west 23.32 poles; thence north 54degrees west 80.32 poles to a stake,
corner to line of the property of Ihrs. A. M. VVoods, formerly the T. 11. Lupton estate;
thence viitli said Woods' line and the line of John Gough, north 55-126 degrees east 68.72
Poles to a post, comer to said Gough in Julian F. iNard's line; thence with the said
Ward's line south 61q:' degrees east 111.80 poles to a stake, corner to said - �iard and
the .-Vinchester and Viestern Railroad right of way; thence with said right a- way line
south 327.;.- degrees east 61.80 roles to the center of said. 1".erriman's lane; thence *ith
Hin portnr of -nirl InTin, -("Ifl, 6IJ (1p.-reps west- M.F)n i-)nlr,.�: thenrn ritll i+p
144
•
center of the said lane south 381 decrrees wrest 9.40 poles to the point of beginning;
containing seventy -tyro acres, two roods and thirty-three poles, more or less."
l'Jitness the following signatures and s eals.
WILLIAI:: BLVERLEY (SEAL)
ELIZABE` H PALKER BEVLHLEY (SEAL)
IJARRY F. BYRD (SEAL)
LdHE DOUGLAS BEVERLEY BYRD (SEAL)
SHIRLEY CARTER (SEAL)
STATE' OF VIRG INIA
COUIITY OP' FREDER1'CK., to -writ:
I, Hilda B. Dean, a Notary Public of and for the County afore-
said, in the State of Virginia, do certify that harry F. Byrd, Annie Douglas Beverley
Byrd, 'Nilliam Beverley, Elizabeth Palmer Beverley and Shriley Carter, whose names are
signed to the foregoing* instrument bearing date December 31, 1936, have acknowledged
the same before me in rj �;ounty aforesaid.
My commission expires Sept. 27, 1937.
Given under nT hand this 31 day of December, 1936.
:....: ........ HILDA B. D,�AN
REVirl—M STA:.PS notary Public
*10.00
Ciu i Cf, LLED
VIRGINIA,
FIiEDu:ICK COUI'iTY, SCT
This instrument of vmitinr was produced to me on the 15th day
of Januar,, 1937, and -with certificate of aclmowledament thereto annexed was admitted
to record.
C. L. ROBIIiSON ICE AM) COLD
STOILAG ; COh:PORATION
TO:: :: :: ::TRUST D--,ED
R. G}ZIL IlILL:(A .H, TRUSTEE
THIS TRUST DEED made and dated this llth day of January, 1937,
by and between the C. L. Robinson Ice and Cold Storage Corporation, a corporation
created by and existing?; under the laws of the State of Virginia, hereinafter sometime
desif,nated as t}ie "Robinson Corn oration", of the first part; H. Gray 'i'villiams, Trustee,
sometime hereinafter desiSnated as the "Trustee,", of the s econd part, and Laura Bughe:
of the third part.
'iiITNESSET'1-1: That for and in consideration of one dollar cash in
hand raid by the said. `1'rustec, on and before the delive 3 of this trust deed, the re-
ceipt of wrhich is hereby acicnowrledg_ed, and in order to secure the deferred purchase
mone- rleht hereinafter set forth, tl�e Robinson Cornnrntinn rintli rant nnrl nnnzre,- nntn
IM
i
For a more particular description of the land herein conveyed,
reference is made to photo copy of said Sheet No. 4 of Right of Way Map, showing out-
lined in red the land conveyed in fee simple, which photo copy is hereto attached as a
part of this conveyance recorded simultaneously herewith in the State Highway Plat Book.
The said grantor covenants that he has the right to convey the
said land to the grantee; that he has done no act to encumber the said land; that the
grantee shall have quiet possession of the land, free from all encumbrances, and that
he will execute such further assurance of the said land as may be requisite.
The said grantor covenants and agrees for himself, his heirs and
assigns and successors, that the considerations hereinabove mentioned and paid to him
shall be in lieu of any and all claims to compensation and damages by reason of the
location, construction, and maintenance of said highway, including such drainage facilit
as may be necessary.
WITNESS the following signatures and seals:
INDIA M. WHITACRE
State of Virginia
County of Frederick, to -wit:
I, R. G. Hunter, a Notary Public in and for the State of Virginia
at large, do certify that India M. Whitacre, whose name is signed to the foregoing writ
bearing date on the 20th day of January, 1953, has acknowledged the same before me in
County aforesaid.
VIRGINIA
FREDERICK COUNTY, (SCT.
My term of office expires April 26, 1954.
Given under my hand this 21st day of April, 1953.
R. G. HUNTER
Notary u ic.
This instrument of writing was produced to me on the 30th day of
June 1953 at 4:00 P. M. and with certificate of acknowledgment thereto annexed was
admitted to record.
A
,C
#754
MARY E. LOCKHART, ET AL #
TO DEED #
C. L. ROBINSON ICE & COLD STORAGE CORP. #
#�Haratu-�Hrrtq-t tr;f�
THIS DEED made and dated this 6th day of May, 1953, by and be-
tween Mary E. Lockhart, widow, and Mary Kathryn Lockhart, single, parties of the first
part, and C. L. Robinson Ice & Cold Storage Corporation of Winchester, Virginia, party
of the second part.
4YITNESSETH: That for and in consideration of the sum of Ten
Dollars ($10.00) cash in hand paid, and other good and valuable consideration, the rece5
of all of which is hereby acknowledged, the said parties of the first part do hereby
grant, sell, and convey, with general warranty of title, unto the party of the second
part, its successors or assigns forever, a certain tract or parcel of land containing
s
•
Shawnee District, Frederick County, Virginia, and being a portion of that certain larger
tract or parcel of land that was conveyed to the late J. H. Lockhart by Charles A. Renne
et ux, by deed dated August 22, 1942, and of record in the Clerk's Office of the Circuit
Court of Frederick County, Virginia, in Deed Book No. 185, page 534, and which was sub-
sequently devised to the said parties of the first part by said J. H. Lockhart by his
last will and testament duly probated, and of record in said Clerk's Office in Will Book
No. 55, page 477. A plat and survey of the within conveyed land made by Walker McC. Bond,
Civil Engineer, is attached to, and by this reference incorporated in this deed.
The aforesaid grantors covenant -that they have the right to conve
said land to the aforesaid grantee; that the said grantee shall have quiet possession
of said land, free from all encumbrances; that they have done no act to encumber said
land; and that they will execute such further assurances of said land as may be requisit .
Witness the following signatures and seals.
REVENUE STAMPS
$2.75 #
CANCELLED #
State of Virginia
County of Frederick, to -wit:
MARY E. LOCKHART
MARY KATHRYN LOCKHART
I, Virginia Ritter, a Notary Public in and for the County of
Frederick, in the State of Virginia, do hereby certify that Mary E. Lockhart and Mary
Kathryn Lockhart, whose names are signed to the foregoing writing bearing date of May
6th, 1953, have personally appeared before me in my county aforesaid, and acknowledged
the same.
Given under my hand this 30th day of June, 1953.
My commission expires March 17, 1956.
VIRGINIA RITTER
o ary Public
N rb
a Q.
SC Lo<
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S� O
7
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hA 7
Mary E. Lockhart and Mary K. Lockhart are conveying to C. L.
Robinson Ice and Cold Storage Corporation all of their land in Shawnee District, Frederick
County, State of Virginia, which lies on the Southern side of the Winchester and Wester
Railroad, and adjacent to the railroad and also bounded on the northwest and southwest
L_J
Beginning at (1) in the southern right-of-way line of the Win -
chaster and Western Railroad, a corner to Robinson's land running with a line of same
S 401* W - 53.14 rods to a post corner to the Robinson orchard land; (2) thence with
another line of said orchard land S 570 E - 131 rods to a point at the intersection of
said line with the southern right-of-way line of the Winchester and Western Railroad to
(3); thence with the said right-of-way line with the following courses N 33e W - 10.36
rods to a point of tangent (4) thence continuing with the southern right-of-way line N
34° W - 124.3 rods to the point of beginning. Containing . . . . . . . 21.57 Acres.
Surveyed - - - - - - April, 1953.
VIRGINIA
FREDERICK COUNTY, (SCT.
WALKER McC. BOND
This instrument of writing was produced to me on the'lst day of
July 1953 at 9:15 A. M. and with certificate of acknowledgment thereto annexed was
admitted to record.
sou-tt-s�s�KraHfttt�t��-t�tt�
#755 #
DONALD P. AUSTIN, ET UX #
TO DEED #
RICHARDB. WHITING, ET UX #
a -ram#
THIS DEED, made this First day of July, 1953, between Donald P.
Austin and Bessie 11. Austin, his wife, of the one part, hereinafter called the Grantors,
and Richard B. Whiting and Lorene W. Whiting, his wife, of the other part, hereinafter
called the Grantees.
WITNESSETH: That for and in consideration of Ten Dollars, ($10.00),
cash in hand paid, and other valuable consideration, receipt whereof is hereby acknow-
ledged, the Grantors do grant and convey, with general warranty of title, unto the
Grantees, jointly with common law right of survivorship, together with all rights,
privileges and appurtenances thereto belonging, all that certain lot of land, situate
on the South side of Bellview Avenue in Shawneee Magisterial District, Frederick County,
Virginia, designated as Lot No. 25 on the plat of Addition No. 2 of the lots of Clinton
Ritter, to be recorded in the Clerk's Office of the Circuit Court of Frederick County,
Virginia, and more particularly described by survey of Richard U. Goode dated November
9th, 1951, as follows:
Beginning at (1) an iron peg in the South property line of Bell -
view Avenue, said point being 300.00 feet East of the East property line of Henry Avenu
extended; thence with the South property line of Bellviaw Avenue S 81 deg. 24 min. E
50.0 feet to (2) an iron peg at the Northwest corner of Lot No. 27; thence with the Wes
side of Lot No. 27 S 8 deg. 34 min. W 150.0 feet to (3) an iron peg at the Southwest
corner of Lot No. 27 and in the North line of the Henry land; thence with the Henry lan
N 81 deg. 24 min. W-50.0 feet to (4) an iron peg at the Southeast corner of Lot No. 23;
thence with the East side of Lot No. 23 N 8 deg. 34 min. E 150.0 feet to the point of
•
•
T A X R E C E I P T - Y E A R 1 9 9 7
COUNTY OF FREDERICK
C. WILLIAM ORNDOFF, JR
P.O. BOX 225
WINCHESTER VA 22604
Ticket #:00261690001 @@
Date
5/31/97
Register:
RWC/WD
Trans. #:
02885
Dept # -
RE9701
ACCT#
14323
1997 R.E.TAXES Previous Principal
109.61 ACRES 53 A 88 Balance $ 820.99
Acres: 109.61
Principal Being Paid $ 820.99
Land: 637100 Imp: 114800 Penalty $ .00
Interest $ .00
ROBINSON, C L ICE & COLD Amount Paid $ 820.99
P 0 BOX 2138 *Balance Due
WINCHESTER, VA as of 5/31/97$ .00
a 22604 1338 CK FM 6925
N Pd by ROBINSON, C L CORP
ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE)
733 Merrimans Lane
Winchester, Virginia 22601
December 31, 1997
To the Committee of Planning and Development:
It has just come to my attention that the property between the railroad tracks and the
route 37 overpass is about to be rezoned for single family homes. This property is in direct view
of my deck and back yard. To be brief I have several concerns with regards to the rezoning and
potential construction of 50 single family homes.
-One of the items that made me decide to purchase my home of 8 months was the view
from the back yard and deck and that it was not a densely populated area. Most of the homes in
the Merrimans Lane area have about 1 acre of land or more, thus giving it an open feeling.
*The creation of a development where homes will be placed on 1/3 areas lots or less will
detract from the openness of the area. This type of development will take away from the esthetic
value of my property.
- Merrimans Lane is a two lane country road. Even though this road is some what heavily
traveled it is tolerable.
*From the records filed in your office there is a projection of an increase of traffic of 31 %.
This increase in traffic will be directly in front of my home which will create not only a nuisance
but would also bring up a safety concern. Even through there are plans to extend Jubal Early
drive, which would assist with the traffic issue, there is no date of this project being started any
time soon.
After reading the analysis' of the various governmental departments there seems to be
some additional concerns with regards to fire protection, flooding and the potential plan for an
entry to route 37, to mention a few.
These two issues affect one main object and that is the resale value of my home. I would
not ask that investors not effectively utilize their property, but ask that perhaps the land, if it must
be developed, be reconfigured to accommodate fewer larger lots and perhaps keep within the
already established president.
Thank you for your time and am sorry I could not personally attend.
Skip Znamirowski
733 Merrimans Lane �N% r
ctg 1g9a '.
CIA
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C.:
v
(540)678-0277
(800)559-4791 nationwide pager
02/02/1998 16:12 5406650493 G b) CLIFFORD & ASSOC PAGE 01
C(DOIP%7
gilbert w. clifford & associates, inc }
INCORPORATED 1972 l� �L, nd
Enpni'ers -- Surveyors Land Planners — Water Quality
30 January 1998
Mr. John Riley
►ealden
PTh0." tJ. 07ooIc. P.F..
Frederick County Administrator
Vice PresldeMa:
107 N. Kent Street
Charlaa E. M.ddv Jr.. v I.
t;arl R. Swbarlan4 P.t.
Winchester, Virginia 22601
Ronald A. Mulowsk., P.E.
P
David J 9aundar, t:.
DIFTCWn:
RE: Merriattians Chase
V Dwne Bran. 1.
William L. Wright
Rezoning Application
Mia%scl A Hamma
Thom" W. Prig
Dear Mr. Riley,
At the Frederick County Board of Supervisors meeting on January 14, 1998 a motion was made to approve the
Merrimans Chase Rezoninu Application but no vote was taken since no second was received. 1 understand that
the Board must vote can the proposal and therefore request that the Merrimans Chase Rezoning 005-97 be placers
on the next Board of Supe Nisurs meeting agenda, to be held on February 11, 1998, for action. As the public
hearing was closed, it appears that no additional public notice is required.
Please call to let me know c,n what meeting agenda this item will appear or if you have any questions.
Regards,
gilbert w- clifford & associates, inc.
i
4Z OAM i s I o w WskvP F vice President
er Joe Robinson
c: \mso8-iceljanuarvlltrslmcr,j
Zt)0 NvAb Cameron Street, Winchester, ul,tginia 22601
( Sal)) 067-2139 Fax (.540) 665-0493 e-mail gwcliffrmnsinc com
t,fember American Consulting Fnginrrry Council
aJ.�fgy
CA
�cty
ilbepw. cliff rd is g o &associates, c
INCORPORATED 1972
Engineers — Surveyors — Land Planners — Water Quality
30 January 1998
Mr. Richard Shickle
292 Green Springs Road
Winchester, Virginia 22603
RE: Merrimans Chase
Dear Mr. Shickle,
Board of Directors:
President:
Thomas J. O'Toole, P.E.
Vice Presidents:
Charles E. Maddox, Jr., P.E.
Earl R. Sutherland, P.E.
Ronald A Mislowsky, P.E.
David J. Saunders P.E.
Directors:
P. Duane Brown. L.S.
William L Wright
Michael A Hammer
Thomas W. Price
Our firm has been asked to comment upon the impact that development of 55 single family lots will have on
Merrimans Lane traffic. Typically, VDOT requires that the peak hour be analyzed to determine a level of
service. As level of service is base on delay per vehicle and delays occur at intersections, we evaluated the
impact of Merrimans Chase at the closest intersection, Breckenridge Lane and Merrimans Lane, in the City of
Winchester. We submitted our findings to VDOT and the City of Winchester and each agreed with our
determination that there would be no impact on Merrimans Lane level of service. Therefore, there is no impact
arising from this development to mitigate.
That impact study estimated that Merrimans Chase could increase daily trips on Merrimans Lane by 478 vehicles.
We also know from VDOT traffic counts that current average daily trips on Merrimans Lane are 1,177. While
an increase of 30% might appear to be a large impact, when analyzed over a 24 hour day, we feel the minor
nature of the actual increase comes into focus. I've attached a calculation sheet which estimates the number of
cars which might go by the Merrimans Chase site during a typical minute. This calculation uses numbers from
the impact statement and conservatively assumes that 90 percent of the non peak hour trips occur between 6:00
a.m. and 6:00 p.m. We find that after full development one car going each way will pass the site each average
minute. Of course, the trip distribution will not be this uniform. Differences in driving speeds, and delays at
driveway and street intersections tend to group cars into platoons. Still, it is our opinion, and VDOT's, that
Merrimans Lane has the capacity to handle this projected volume.
Furthermore, I might add that our impact study took no account of Jubal Early Drive, which the City of
Winchester declined to extend to Route 37. We assumed that the roadway network would remain as is. If, in
fact, Juba] Early Drive is extended to VA Route 37, it is our estimation that Merrimans Lane would be cul-de-
saced, decreasing trips on this section of Merrimans lane.
If this rezoning is approved and the developer proceeds to master planning and subdivision plans, VDOT will
require, at a minimum, that Merrimans Lane be widened to include a right turn lane and taper, and may also
require an additional traffic study for design of the new Merrimans Lane intersection. This rezoning action is
certainly not the end of the roadway design process.
200 North Cameron Street. Winchester, Virginia 22601
(540) 667-2139 Fax (540) 665-0493 e-mail gwcliff�;mnsinc.com
Alember.lmerican Consulting Engineers Council
Filbert w. clifford and associates, 0
Page 2
I hope I have been able to clarify the traffic impact issue somewhat. While we are increasing trips on Merrimans
Lane, the total trips will remain very low and well within the capability of Merrimans Lane to handle this
projected volume.
Please also note that the Comprehensive Plan was revised by the Board of Supervisors in 1995 to include this
property in the Urban Development area.
If you should have any questions on this or any other aspect of the Merrimans Chase rezoning proposal, I hope
you will free to give me a call.
Regards,
gilbert w. clifford & associates, inc.
nald A. Mislowsky, P.E., Vi President
cc: Joe Robinson
Evan Wyatt
c:\rnsofflce\januarv\1trs\rnc28
MERRIMAN'S CHASE
TRAFFIC ANALYSIS
1 /28/98
Future homes that may access Merriman's Lane = 55
Existing Possible Trips at 5 Ac. Lot Development = 5
Trip Rate Trips per Day
9.55 525
9.55 48
Trips per day Added to Merriman's Lane =
Existing Trips per Day on merriman's lane =
Projected Trips per Day to Merriman's lane =
Estimated P.M. Peak Hour Traffic at on Merriman's Lane =
Daily Trips Occuring During AM and PM Peak Hours =
Remaining Daily Trips Occurring During Non -Peak Hours =
Conservatively Assume Percentage of Remaining
Two -Way Trips Occurring Between 6:00 AM and 6:00 PM =
Two -Way Non -Peak Hour Trips Occurring Between 6:00 AM and 6:00 PM =
Two -Way Trips per Non -Peak Hour Between 6:00 AM and 6:00 PM =
Two -Way Trips per Non -Peak Minute Between 6:00 AM and 6:00 PM =
Estimated Trip Rate on Merriman's Lane
After Development During Any Non -Peak Hour =
Gilbert W. Clifford and Associates
200 North Cameron Street
Winchester, Virginia 22601
540-667-2139
478
(ITE Trip Generation)
(ITE Trip Generation)
1177
(VDOT 1993 Count)
1655
166
(From Impact Statement)
291
(1.75 Times PM Peak)
1198
(Project TPD Minus Pk Hr Vols)
901%
(12 Daylight Hours)
1078 (10 Hours)
108 (per Hour)
1.8 (per Minute)
0.9 (per minute, One Way)
�.
G
COUNTY of FREDERICK
Department of Planning and Development
w
540/665-5651
1738 FAX: 540/ 678-0682
38
l JnfICMI J1 I Or PUBLIC AUNRU Ir
November 19, 1997
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #005-97 OF C. L. ROBINSON CORPORATION
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing on
December 3, 1997, 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 Application 4005-97
of C. L. Robinson Corporation to rezone 26.895 from RA (Rural Areas) to RP (Residential
Performance). This property is located at the west side of Merriman's Lane (Rt. 621) at Winchester &
Western Railroad crossing and east of Route 37, approximately 1,100' south of Breckenridge Lane, and
is identified with Property Identification Number 53-A-88 in the Back Creek 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,
�1
Evan A. Wyatt
Deputy Director
EAW/cc
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
-w-a . :4 oy, /q, /Z9 7 from the Department of Planning and Development,
Frederick County, Virginia: 53 - A. - B9. 7q
53 - A. - B8- C �'7 VANDERIET, MALCOLM H & JUNE W
ROBINSON, C L ICE & COLD 103 CHEVIOT PL
PO BOX 2138 STEPHENS CITY, VA 22655.2582
WINCHESTER, VA 22604.1330
Gilbert W. Clifford & Assoc.
Attn: Steve Gyurisin
200 N. Cameron Street
Winchester, VA 22601
53C - 2- - 16-
GLAIZE, GEORGE W. JR.
11 S CAMERON ST
WINCHESTER, VA. 22601.4731
53C - 2- - 7-
BRECHTEL, ANNELIESE R
53 - A- - 86-
POE, RALPH W.
105 CAMBRIDGE PL
200 WARD AVE
WINCHESTER, VA 22601.6202
WINCHESTER, VA. 22602.2249
53C - 2- - 8-
FOGG, JAMES W & JOYCE D
53 - A- - 92-
107 CAMBRIDGE PL
WILLOW GROVE, LC
WINCHESTER, VA 22601.6202
603 S LOUDOUN ST
WINCHESTER, VA 22601.4643
53 - A- - 92-B
WHITE, C. RIDGLEY & ELEANOR
C/O M WILLS WHITE
603 S LOUDOUN ST
WINCHESTER, VA 22601.4643
STATE OF VIRGINIA
COUNTY OF FREDERICK
53C-2-9
James D. & Karen S. Bauserman
110 Cambridge Place
Winchester, VA 22602
Evan A. (Wyatt, Deputy Director
Frederick Co. Planning Dept.
I, Eoh ply-) �A i� �, , 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 �% - , has
personally appeared before me and acknowledged the same in my State and ounty aforesaid.
Given under my hand this Iqih day of 0 be C jqq�
My commission expires on
l
TARY PUBLIC
TO: Data Process
FROM: Planning Depent
Please print 4n sets of labels by.
Thank You!
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff.
Zoning Amendment Number-�--T
PC Hearing Date 2 - 27
Date Received /1-7"q r�
BOS Hearing Date �-
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained
from the Office of the Commissioner of Revenue, Real Estate Division, 107 North
Kent Street, Winchester.
1. Applicant:
Name: G. W. Clifford & Assoc., Inc. Telephone: (540) 667-2139
Address: 200 N. Cameron Street 10/ 1 /97
Winchester, VA 22601 c/o Stephen Gyurisin
2. Property Owner (if different than above)
Name: C.L. Robinson Ice & Cold Storage Corp. Telephone: 662-3869
Address: P.O. Box 2138
Winchester, VA 22604
3. Contact person if other than above
Name: Stephen Gvurisin Telephone: 540-667-2139.='
Joe Robinson 540-662=3869 ..
4. Checklist: Check the following items that have been included :"with_jhis
application. --==
Location map X Agency Comments X
Plat X Fees X
Deed to property X Impact Analysis Statement X
Verifying taxes paid X Proffer Statement X
.. 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: C.L. Robinson Ice & Cold
P.O. Box 2138
Storage
Winchester, Virginia 22604
Property #: 53-A-88/53-A-87
Name: Ralph W. Poe
200 Ward Avenue
Property #: 53-A-86
Winchester, Virginia 22602
Name: Willow Grove, L.C.
603 South Loudoun Street
Property #: 53-A-92
Winchester, Virginia 22601
Name: C. Ridgley & Eleanor White
c/o M. Wills
603 South Loudoun Street
Property #: 53-A-92B
Winchester, Virginia 22601
Name: Malcolm H. & June W.
103 Cheviot Place
Vanderiet
Stephens City, Virginia 22655
Property #: 53-A-89/53-A-89A
Name: George W. Glaize, Jr.
11 South Cameron Street
Property #: 53-C-((2))-16
Winchester, Virgiia 22601
Name: Anneliese R. Brechtel
105 Cambridge Place
Property #: 53-C-((2))-7
Winchester, Virginia 22602
Name: James W. & Joyce D. Fogg
107 Cambridge Place
Property #: 53-C-((2))-8
Winchester, Virginia 22602
Name:
110 Cambridge Place
Property #: Fq+e 02)) t6'
Winchester, Virginia 22602
JAMES 'D• s KA4tN S . -AAusmt4ArI
53C- Z-9
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