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HomeMy WebLinkAbout002-90 Creekside Village - Richard A. Garber - Bk Crk - BackfileRECEIPT ► FOR :a. :: 022545 AMOUNT DUE $ ^ .� cY.) AMOUNT PAID BALANCE DUE $ , J / PAID PAY CASH F1 CHECK OTHER F:.= SICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601 • 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 DATE ��L? RECEIVED FROM ADDRESS -- THE SUM OF-.iJ�_—� FOR IA BY DOLLARS $ DAY. i iMERS RE ORDER No 3221 — Printed n USA RECEIPT lk .- 022544 AMOUNT DUE $ ,39/• (G AMOUNT PAID $r _3 BALANCE DUE $ _ �- • PAID BY CASH CHECK is OTHER FREDE RI CK COUNTY C� FT. C: PLANKING AND DEVELOPMENT P O. BOX 601 • 9 COURT SQUARE WINCHESILR, VIRGU-41A L2601 DATE RECEIVED FROM _ 1-" L �L tsK l /�< ., ADDRESS THE SUM OF,` « BUJ DOLLARS $ 3 91, 6- FOR 00 BY 1i�� i r2i DAY -TIMERS RE -ORDER No. 3221 — Pnnted in USA Upon submittal of your completed application, a sign will be provided for you. AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the property line and be maintained so as to be legible until the date of the • hearings. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display a sign provided by the Frederick County Planning Department. I UNDERSTAND the terms explained above. My signature verifies that I have received said i Si ature ..7 or REZONING CHECKLIST The application is not complete if the following are not present: Submission Package of-p q0 1. Comment sheets from the following agencies along with any marked copies of the plan: gP%-C) VDOT � City of Winchester Co. San. Auth. AM Co. Hlth. Dept. Inspections Dept. AM Parks & Rec. Fire Marshall 0 Airport Authority -� County Attorney (2V-9 2. application form SA 3. location map 4. survey 5. deed J--T 6. taxes paid statement 7. sign received c?• 8. fees paid d- 9. impact analysis 10. proffer statement TRACKING DATE Application Received _ Rezoning forwarded to consulting engineer, if required. Consultation held with planning staff Rezoning reviewed by Zoning Review Committee Adjoiner notifications mailed for PC public hearing 3-7-90 Rezoning heard by PC y 11-9a Public hearing date set by BOS Ordinance of amendment with conditions proffered prepared for BOS 3 Z8-%0 Adjoiner notifications mailed for BOS public hearing 0 Rezoning heard by BOS /d-0&-%-0AEZoning map amended Rezoning records updated 41 • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 April 16, 1990 Mr. Richard A. Graber 1712 Handley Avenue Winchester, Virginia 22601 RE: Creedside Village Rezoning Application Creekside Village Preliminary Master Development Plan Dear Mr. Graber: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 11, 1990: Approval of Rezoning Application #002-90 of to rezone 1.667 acres, located approximately 390' west of Route 11 and on the north side of Va. Route 7061 from RP (Residential Performance) to B-2 (Business General) for retail and office use and; Approval of preliminary master development plan #002-90 for retail specialty stores and professional office space zoned B-2 (Business General) situated on 4.7 acres in the Back Creek Magisterial District. Please submit the final master development plan as soon as possible to this department with the following items addressed: 1. Review agency comments must be addressed. 2. Engineer's comments regarding drainage must be addressed 3. Placement of appropriate buffer along the southwestern edge of the property. Do not hesitate to call this office if you have any questions. Sincerely, Robert W. Watkins Planning Director RWW/slk cc: H. Bruce Edens, Greenway Engineering 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 .0' Page -2- R. Graber April 16, 1990 cc: Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court C. William Orndoff, Jr., Treasurer AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Approvals: Planning Commission March 7, 199 Board of Supervisors April 11, 199 An ordinance amending the zoning district map for #002-90 of Creekside Village/Richard A. Graber. WHEREAS, Rezoning application #002-90 of Creekside Village/Richard A. Graber to rezone 1.667 acres from RP (Residential Performance) to B2 (Business General), located west of Route 11 and on the north side of Route 706, and designated by property identification #63000-A00-0000-0000-0020-0 and #63000-A00-0000-0000-0021-0 in the Back Creek District, was referred to the Planning Commission on March 7, 1990; and WHEREAS, the Planning Commission held a public hearing on this application on March 7, 1990; and WHEREAS, the Planning Commission received a draft statement of conditions proffered prior to the public hearing; and WHEREAS, the Board of Supervisors held a public hearing on this application on April 11, 1990; and WHEREAS, the Board of Supervisors received a signed statement of conditions proffered prior to the public hearing; and WHEREAS, the Frederick County Board of Supervisors finds this rezoning to be in the best interest of the public health, safety, welfare, convenience and good zoning practice; THEREFORE, RESOLVED by the Frederick County Board of Supervisors as follows: That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 1.667 acres from RP (Residential Performance) to B2 (Business General) located west of Route 11 and on the north side of Route 706 and designated by Property Identification #63000-A00-0000-0000-0020-0 and #63000- A00-0000-0000-0021-0 in the Back Creek Magisterial District and described by the application and plat submitted, subject to the following conditions voluntarily proffered in writing by the applicant and property owner as follows: MASTER DEVELOPMENT PLAN AND REZONING - PROFFERS APPLICANT # 002-90 Creekside Village We the undersigned, sole owners of land to be rezoned under rezoning request number 002-90 , referred to as the Creekside Village rezoning, and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County code: Transportation: A. The sole entrance/exit on the subject property will be the commercial entrance onto Route 11 at the front of the property. Traffic will be controlled by the traffic signal installed at the owners expense at the intersection of Route 11 and Shawnee Drive (Route 652). B. The only entrance/exit to Route 706 on the southern boundary of the property will be an emergency vehicle entrance. Water & Sewer A. The water service to Phases II and III will be extended from Phase I by the owner and a second fire hydrant will be 'installed in accordance with the Fire Marshall Regulation. B. The sewer line to Phase II and III will be extended form Phase I by the owner. Aesthetics: The project will be designed to create a village type shopping and office complex unlike the typical "strip mall" look that is prevalent in most new commercial projects either recently completed or presently under construction in the Winchester/Frederick County area. o The existing main building built in the 1790's has been remodeled and will be preserved. This structure fronts on Valley Avenue at the entrance to the project. o All new buildings that will be constructed during the three phases will complement the existing main building and colonial brick and siding architectural standards will be followed. o All non paved open areas and parking islands will be landscaped with a mixture of trees, shrubs, flowers and grass. An underground irrigation system will be installed to assure all plantings are properly maintained. 0 0 Master Development Plan and Rezoning Proffers January 15, 1990 Page 2 Aesthetics: Continued o All signage will be in accordance with established standards set by the architect and the owner and must be approved prior to installation. No business sign shall exceed 100 sq. ft. in size. a All outside lighting will be of Colonial or Victorian design and perimeter lighting will be directed on site and will be non -glare so as to minimize the impact of adjoining properties. o Curb and guttering will be used in most paved areas for aesthetic appeal and water run-off control. All traffic areas will be asphalt covered. o The property line between the applicants project and the 7-Eleven Store on the Southeast of applicant's property will be fenced with open fencing. The southern property line bordering VA Route #706 will be a combination of parking and landscaped islands on the applicant's property. The parking area within the Winchester City limits will be landscaped as previously agreed to with the Winchester Planning Director for Phase I site plan approval. Storm Water Manaqement: A underground storm water collection and drainage system will be installed as a part of Phase II and Phase III site work to facilitate rainwater run-off and drainage from the project property to Hoge Creek. Underground Utilities: All electrical, telephone and cable lines on the property will be installed underground for aesthetics and anticipated new county regulations. Master Development Plan: The owner is proffering the Master Development Plan covering proposed uses of property and applicable drawings as submitted to the Frederick County Planning Commission for Phases I, II and III of the subject project. Master Development Plan and Rezoning Proffers January 15, 1990 Page 3 Continuity: It is the intent of the owner/applicant to maintain the property under individual ownership and to maintain the standards outlined in these proffers. If the property is sold at a future date, deed covenants will apply to future ownership to protect the original aesthetic and historic preservation intentions as stated above. These proffers shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the applicant and property owner. This document shall set forth the total obligation of the applicant and property owner to The County of Frederick in connection with the rezoning of the site. Consequently, the applicant's and property owner's obligation shall not be subject to future modification or enlargement without the express written concurrence or consent of the current property owner(s), applicant or their successors and assigns. Applicant & P�W;�7 ichard A. Graber By: Fre der C. K- DATE: HA1201 2, ss: Subscribed and sworn to before me on this a P Y'r1 eo,00 1 , 19 �0 . day of Notary Public: (3�c-- 4 CL-L/C My commission expires: 2--Lo, )9 9 ) Brenda Lee Clark Notary Public, State of Virginia My Commission Expires April 26, 1991 0 0 This ordinance shall be in effect upon its passage. Passed this llth day of April, 1990. A Copy Teste �J 'X Z Jo n R. Riley,/Jr. Fr erick County Administrator L� PC Review - 3/07/90 BOS Review - 4/11/90 REZONING APPLICATION # 002-90 CREEKSIDE VILLAGE To Rezone 1.667 Acres From RP (Residential Performance) To B-2 (Business General) LOCATION: Approximately 390' west of Route 11 and on the north side of Va. Route 706 MAGISTERIAL DISTRICT: Back Creek ADJOINING LAND USE & ZONING: Business uses zoned B-2, Business General, Vacant land and residences zoned RP, Residential Performance PROPOSED USE & IMPROVEMENTS: Retail and office uses REVIEW EVALUATIONS: Virginia Department 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 Manuel, Fourth Edition for review. Any work performed on the State's right-of-way must be covered under a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Frederick County Commonwealth Attorney: Language used appears to be legally binding upon the applicant. If it fully and accurately sets out what staff desires from applicant, proffer appears all right. Frederick County Sanitation Authority: The City of Winchester serves this area with water and sewer. The water and sewer agreements with the city must be adhered to. Frederick County Fire Marshal: 1. Phase III limited due to available water at this time. Chapter 10 requirements rule out buildings M, N, O and P. 2. Per discussion with Mr. Graber on February 5, 1990. (Buildings M, N, O and P were eliminated from plan as requested by Fire Marshal. 2/6/90 A.Graber) 0 0 Frederick County Inspections Dept.: This request for rezoning approval shall comply to part Use Group "M" Mercantile Section 3-8.0 and part Use Group "B" Business Section 303.0 of the BOCA National Building Code 111987". City of Winchester: No Comments. Planning and Zoning. Location: The site is located in the Urban Development Area, adjacent to the Route 11 south business corridor. It adjoins the existing Creekside Business Center. The Opequon Memorial Presbyterian Church parsonage land, zoned RP, is adjacent to the west. Vacant RP land is located immediately across Route 706. The historic Opequon Memorial Presbyterian Church is located to the southwest. Site Suitability: The site is relatively level and suitable for development. A floodplain area is located on the northern portion of the site. Under the proffered masterplan, access is provided to the site from Route 11 via a single entrance with a traffic light. Sewer and water service has been extended to the Creekside Village Development. Potential Impacts: The staff concurs with the impact analysis provided by the applicant. The proposed site will generate substantial traffic. Access will be provided solely by the one signalized entrance. Signal improvements have been provided by the applicant as required by VDOT to handle the projected traffic. Access will not be provided to Route 706. Stormwater management planning and floodplain engineering has already been carried out for the Creekside Village Development and is described on the proffered masterplan. The proffered masterplan describes buffers and screens that will be provided in relation to surrounding residential properties. The applicant has proffered that the main building, built in the 17901s, will be preserved and remodeled. Other buildings will be built with colonial brick and siding architectural standards. A master development plan has been proffered along with underground drainage and utilities and other amenities. Conclusions: The rezoning represents an addition to an existing business development. Potential traffic impacts have been adequately addressed. Impacts on surrounding 0 0 Page 3 Creekside Rezoning April 11, 1990 properties have been addressed. STAFF RECOMMENDATION FOR 317190: Approval with acceptance of proffers. The proffered master development plan should be accepted only if approved. PLANNING COMMISSION RECOMMENDATIONS OF 317190: Unanimous approval, with proffers. • • REZONING APPLICATION - IMPACT STATEMENT APPLICANT # I the undersigned, owner and rezoning applicant hereby submit the required Impact Statement covering those topics applicable to my rezoning request for Phase III of my property located in Kernstown, Back Creek Magisterial District, Frederick County, Virginia. Impacts are as follows: I. Transportation Impact o A traffic analysis using the publication "Trip Generation" published by The Institute of Traffic Engineers and rates based upon our expected land use and building types were used to anticipate traffic flows in and out of the subject property. The rates are weighted averages from a U.S. Study. General • office rates are for suburban office space outside of the downtown core. Shopping center rates were used for the retail space as no rates were available for small specialty shops. Rates are shown as number of round trips (in/out) per 1,000 sq. ft. of leased space. Assuming a complete build out, Phases I, II, and III would be 43,000 sq. ft. of leased space and the occupancy mix would be 45% retail and 55% office. TRIP GENERATION SOURCE MATERIAL CHART AVERAGE ROUND TRIPS TYPE PER SQ. FT. OF OF LEASED SPACE BUSINESS MIN MAX AVG ** GENERAL OFFICE Weekdays 3.6 43.5 12.3 Saturdays 1.0 8.9 3.3 SHOPPING CENTER Weekdays 21.5 270.9 115.8 50,000 sq. ft (+) Saturdays N/A N/A 156.3 0 • • Rezoning Application - Impact Statement January 15, 1990 Page 2 ` I. Transportation Impact Continued Project Space: Office Space: 43,000 X 55%= Retail: 43,000 X 45% _ Sq. Trips Per Total Max Ft. 1,000 Sq. Ft. Daily Trips 23,650 Wkdy 12.3 291 Sat 3.3 78 19,350 Wkdy 115.8 2241 Sat 156.3 3024 "NOTE: These estimates are thought to be considerably overstated as the retail space will consist of small specialty shops rather than typical high volume "shopping center" business. The "average" column was used for computing both office and retail calculations even though the "minimum" column would probably be more applicable. However, we felt it best to show the highest volume scenario. o A traffic signal is being installed at the entrance to the project by VDOT. The signal change is being done at the owners expense as agreed to with VDOT, II. Water & Sewer Impact In accordance with agreements previously reached between the applicant, The City of Winchester, and The Frederick County Sanitation Authority for Phase I of the project, the property is serviced by the City of Winchester to satisfy water and sewer needs. o An approved six inch water main extension has been extended onto the property from the twenty four inch main water line paralleling Valley Avenue on the eastern side of the subject project. This line will be extended to Phases II and III and a second fire hydrant will be installed on Phase III in accordance with the Fire Marshall Regulations. o An eight inch on -site sewer network has been installed during Phase I and will be extended to service Phases II and III. The gravity sewer system ties into The City of Winchester's twelve inch line on the East side of Valley Avenue. In agreement with The City of Winchester the tie-in to the city's existing system is being completed by the applicant and is a cost sharing project which will enable the city to subsequently extend their twelve inch line West on Snyder Lane to complete a pending project for properties lying to the North and West of the applicant's property. NOTE: The above mentioned projects are being funded by the applicant or shared as in the case of a specific section of the sewer tie-in. Rezoning Application - Impact Statement • January 15, 1990 Page 3 III. Historic Structures Impact o There is a large 2 story house on the property that was built in the 1790's. It has been preserved and remodeled by the owner. The colonial style of this main building has been retained and used as an architectural guideline for designing the proposed additional new structures on the property. o The existing brick garage has been remodeled and expanded to create a 2,100 sq. ft. free standing art gallery. IV. Storm Water Impact o Phase I of the project has been designed and altered in accordance with the recommendation of the Fairfax Engineering Firm that services the Frederick County Planning Department. As a portion of Phase I lies within the 100 year floodway, two buildings have been specially engineered to meet new specifications and two others have been relocated to Phase II and Phase III properties. • o The Hoge Creek channel which intersects with Phase I has been dredged, widened and rip rapped to carry water through the property in high water situations. The area designated as floodway has been graded as specified by the Fairfax Consulting Engineer and parking lot elevations have been established to carry Hoge Creek overflow through the applicants property without forcing water onto adjoining properties. V. Screening and Landscaping Impact o All existing trees and vegetation in Phase I has been preserved except in building and parking area construction. Unsightly vegetation has been removed and is being replaced with fencing and new plantings as part of the overall landscape plan. VI. Surrounding Properties Impact The subject property is bordered by the below listed properties: o North - Residential rental property zoned B-2 o South - Undeveloped land - zoned R-P and a single family home zoned B-2 o East - applicant/owner's property - Phase II of this project - zoned B-2 o West - Opequon Presbyterian parsonage - single family home • zoned R-P Rezoning Application - Impact Statement • January 15, 1990 Page 4 VII. Incremental Revenues - Frederick County o The completed project will include approximately 43,000 sq. ft of leased space (19,500 retail and 23,500 office) Frederick County will receive incremental, tax revenues from inventories, furniture/fixtures, equipment, improved real estate and retail sales. These, to the best of my knowledge are the impacts applicable to the rezoning of the Phase III section of my property. Applicant and Property Owner: • Richard A. Graber BY: DATE: iAPPLICATION FOR REZONING • FREDERICK COUNTY, VIRGINIA Zoning Amendment No. Submittal Deadline is • Application Date - - P/C Meeting: Xnay- , -2 , 19 9 0 Fee Pai /. B/O/S Meeting: 35D °O + 1. APPLICANT (The applicant is the ( owner other (check one) NAME : �'/(/f/Jll D A • c�ii� ADDRESS: /rJ/Z AAt Q QIIE. W/ -1e1)t 51bz 1/A- 2-Z.611/ TELEPHONE %Da, 66-/- /// 4. 2. Please list all owners of the property or parties in interest: ZO+Z4 A Y /-/A,ey s 4-RAAEE - 3. The property sought to be rezoned is located at (please give exact directions) oA/ A,10 ;V 514E a� V4 Rol/ .e oG /t/ 9-46C -2A!5� /%A6/l1Et'ld� .d/s�i�.— - �tl�/Gc Do/lNn� , ✓a 4. The property has a frontage of -489.87' feet and a depth of 39�9-3/ feet and consists of /, L6'r acres. (Please be exact) • (�IOSUfgv7-� 5. The property to be rezoned is owned by 2/�1MA4 4- '!!k�z as evidenced by deed from recorded in deed book no. 726 on page 767 , registry of the County of 0,0Zoo 6. 21-Digit Property Indentification No: 630oe-doo- ODDo - oDoa- oGZ/o Magisterial District:JGC�'21�,� 7. It is requested that the property be rezoned from Rzo to �z 8. It is proposed that the property will be put to the following use: /D�/srdi/r7/D.r/ OF -5,,04O-- A5_ P•4QT OF e• ZX-r/4-- ✓/ZZ40E 9. It is proposed that the following buildings will be constructed: RETli/L�Ati/LE S,I�d �E LAC/�Cd/�/� S 10. The following are all of the individuals, firms, or corporations owning property adjacent to both sides and rear and in front of (across street from) • the property sought to be rezoned. (Use additional pages if necessary). These people will be notified by mail of this application. [PLEASE LIST COMPLETE 21-DIGIT NUMBER] !� sir P4A&& u/Aan- �/o W/LL/A/�! L�Lq�/rd�Q Address: .3/i9 ✓sJ� ,4 AS-1•/iv�. v,4. Z260 / Pro erty ID#: �;-�od-DAoO-ODOO - dO/9A 2, ��f/gRv '4. k1Z4� Address: /7/z HqAA 6 4, slV,- - k//N, ✓.I. ZZEo/ Property ID#: 6 � -.40e, - 400 -,060 - 0O130 3' I,,IA Address: /1'7/2- figAiA 4 vE - k//4r- ✓A . Z26o / Property ID# 630,A,6 -A06-OAM -oo6a- 062¢A 4 •,6-30WH41 1-2c4 /le /A14* � . Address: SrE7' �D. �C 6 - . t/S e/Tz/, VA Property ID#: 1/13404�) -.400 - DOOO ^ DDDo - QO310 �j Ol� V �U V a 0 m ti S Z5048"00'" . oG .. F C"PEEK n P 0 / . 6 6 7 QC�eE -6 ZZOAJED RR ( ro BE 'e6zovVEO B -Z ) � 33. �( � �p►� E p R 126 I / PEZON/N1-7 OL4T ��ALTN Q"��,�, L34CK C2EEK O/S7-,e1C 7- ✓ SCALE: / " = 50' DATE _ ✓4AIOARY 3, /990 ftN\_ Greenway Engineering & Surveying Co., Inc. 1104 Baker Lane • Winchester, Virginia • 226010 703-662-4185 H. Bruce Edens• President BRUC Ef DENS�� > No. 162 B r � S UR VE��4 SHEET of Page Two Rezoning 0 XT AUW 5,�9NDA Address: /,<-i' 3 - 8ok1we- ✓A - 2-2,&-o � Property ID#: -,4,~ - A% -ew," - 006b - G1D270 6, Address: Property ID#: 7, Address: Property ID#: g, Address: Property ID#: q, Address: Property ID#: 10. Address: Property ID#: • 11. Additional comments, if any /�V I (we), the undersigned, do hereby respectfully make application and petition the governing body to amend the zoning ordinance and to change the zoning map of the Frederick County, Virginia, with the above facts as support of this application. Signature of Applican Signature of Owner: Owners' Mailing Address: 17/Z Owners' Telephone No: 03 For Office Use Only I� - A11W. VA . Z2�o PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date) ;'y itch , LL220 Approval (� Denial SECRETARY (signed)FE BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date) Z 97 6 Approval I� Denial COUNTY ADMIN. (signed) / 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 MEMORANDUM To: Chairman of the Planning Commission Chairman of the Board Back Creek Planning Commissioners Back Creek Supervisor From: Robert W. Watkins, Director Subject: Zoning Review Committee Meeting on March 1 Date: February 22, 1990 There will be an ad hoc Zoning Review Committee meeting on March 1 at 1:00 PM in the conference room of the Old County Courthouse. We will discuss the proposed Creekside Village rezoning. We are having the meeting on an ad hoc basis because the application was begun before the current requirements were adopted. Normally we will only have Zoning Review meetings on the second Thursday. Materials on the rezoning are attached. We will go over the proposal 'and informally discuss. The goal of the meeting is to make recommendations to the applicant on the information and proposals in the application. Please let me know if you have any questions. 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 0 9 eaFF&ia✓cc44&- AS q, /#tfO due k/arAeA,cc e,o,^l • COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 February 21, 1990 TO THE APPLICANTS) and/or ADJOINING PROPERTY OWNER(S) The Application of: Creekside Village Rezoning Creekside Village Master Development Plan MASTER DEVELOPMENT PLAN #002-90 for retail specialty stores and professional office space zoned B-2 (Business General) and consisting of 4.7 acres and; REZONING REQUEST #002-90 to rezone 1.667 acres from RP (Residential Performance) to B-2 (Business General) for retail/office space buildings. This property is located approximately 390' west of Route 11 and on the north side of Va. Route 706 in the Back Creek Magisterial District. This Master Development Plan and Rezoning request will be heard by the Frederick County Planning Commission at their meeting of March 7, 1990, at 7:00 p.m., in the Board of Supervisors meeting room, the old Frederick County Courthouse, Winchester, Virginia. Any interested parties having questions or wishing to speak may attend this meeting. Sincerely, Robert W. Watkins Planning Director RWW/slk 9 Court Square P.O. Box 601 - Winchester, Virginia 22601 This is ro certify thalwe attached correspondence was sled to the following on February 21,1990Srom L.. Department of Planning and De opment, Frederick County, Virginia: SECOND CLARKLANO PROPERTIES CORP. 28Z8 HASKELL AVENUE DALLAS, TEXAS Z E S PROPERTIES 606 SNY5ER LANE'_ VA. Z E S PROPERTIES 606 SNYDER LAME WINCHESTER, VA. PRESBYTERIAN PARSONAGE C/O WILLIAM CLAYTOR 3119 VALLEY AVENUE WINCHESTER, VA. GRABER, RICHARD A. S MARY JCLEEN 1712 HANDLEY AVERUE 75204 WINCHESTER• VA. 22601 BOWMAN TRUCKING COMPANY, INC. C FRED L. GLAIZE, III 22601 P. 0. BOX 6 STEPHENS CITY, VA. 22655 I ZICKEFOOSE, WANDA M. 2•'601 RT. 3 IOX 363 WINCHF_3T'n, VA. 2.2601 MILLER, PAUL H. C MARY R. 418 WENT WORTH DRIVE WINCHESTER, VA. 22601 22601 Robert W. Watkins, Director Frederick County Dept. of Planning STATE OF VIRGINIA COUNTY OF FREDERICK I, Renee' S. Arlotta a Notary public in and for -the state And county aforesaid, do hereby certify that'Robert V. Watkins, Director for the Department of Planning and Development, wFiose name is signed to trie toregoing, dated"February 21, 1990 has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 21st day of February �1990 . My commission expires on March 23, 1991 NOTARY PUBLIrC W.C.PL. ' M.7a6/ • • Al. 19A `'�21 • • 3 ,Ah, AW Rt. 70 � ' 3 B.3 2z61 g1 .4� • • g9 � 31 104 A O • \ l0. 3 3 • 9 \ �. OPT • ' 38 p� 34 110 C 2-ra-2�t �W 37 36 6 96A 09 1L2 • • INSERT 63 B 93 110 115 • 9/ 315- 119 • 52A �� • o _ N S e9 • %• t�F / --1_- R87 t. r i578 322-3( ifs �y r 2l5-z68 / G ANI -7 116 �\ i 2 pts. B.M. 756��..' 8 `�B� 4) B g- P 383 9 \r� °q,)2A 3 I�►80 = 1z 9 � 1168 c )3p 6 7w68 w V?M_B fmc1 6189 4 10-02-89 DK728►G767 O w ni o • �` o U) U) r O N w o a Z a� +-) rJ ro �� _U U • o� I THIS DEED made and dated this 13th day of October, 1989, by and between Z & S PROPERTIES, a Virginia Partnership, party of the first part, hereinafter called the Grantor, and RICHARD A. GRABER and MARY JOLEEN GRABER, his wife, parties of the second part, hereinafter called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant and convey with general warranty of title unto the Grantees, in fee simple, as tenants by the entirety with common law right of survivorship, the following described real estate, to -wit: TRACT ONE: All of that certain tract or parcel of land, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 0.371 Acres, and more particularly described by survey drawn by Douglas C. Legge, C.L.S., dated February 2, 1987, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 643 at Page 180; and TRACT TWO: All of that certain tract or parcel of land lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, containing 1.296 Acres, and more particularly described by survey drawn by Douglas C. Legge, C.L.S., dated February 2, 1987, of record in the aforesaid Clerk's Office in Deed Book 643 at Page 176; Tracts One and Two being the same property conveyed to the Grantor herein by deed dated December 8, 1987, from Mendle S. Zickefoose, et ux, of record in the aforesaid Clerk's Office in Deed Book 667 at Page 190. Reference is made to the aforesaid surveys and deed for a more particular description of the property herein conveyed. This conveyance is made subject to all rights of way 72E'F76840 U • and restrictions of record affecting the subject property. The Grantor hereby covenants that it has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signatures and seals: Z & S PROPERTIES / 1 BY % i..'-TEAL ) /KltNDL'gS.. CKE OOSE, Partner STATE OF VIRGINIA, City OF Winchester RALPH ff. SHOCKEY, TO -WIT: (SEAL) rtner I, M. F. McLaughlin , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that MENDLE S. ZICKEFOOSE and RALPH D. SHOCKEY, Partners of Z & S PROPERTIES, whose names are signed to the foregoing Deed, dated the 13th day of October, 1989, have personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 17th day of October 1989. S b r 30 A 993 My commission expires - ep .em e O UBLI l • h t.� Q f�•-� r ''r Syr N COUNTY of FREDERICK C. William Orndoff, Jr. Treasurer TO WHOM IT MAY CONCERN: ALL REAL ESTATE TAXES ON THE FOLLOWING PARCELS ARE PAID IN FULL THROUGH THE YEAR OF 1989. Z & S PROPERTIES Richard Graber • Kneeland, Mark 10 .37 acres located at Kernstown 1.30 acres located at Kernstown 1.82 acres located at Kernstown 1.84 acres located at Kernstown C. William Orndoff, Jr Treasurer 703/662-6611 P.O. Box 225 - Winchester - Virginia - 22601 REQUEST FOR REZONING COMMENTS • Frederick County Commonwealth Attorney Winchester -Frederick County,Judicial Center 5 N. Kent Street, Winchester, Virginia 22601 (703) 667-5770 The Commonwealths Attorney offices are located in the Winchester - Frederick Judicial Center at 5 North Kent in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Name of development and/or description of the request: Location: 5066k-Attorney Comments: Language used appears to be legally binding upon the applicant. If it fully and accurately sets out what staff desires from applicant, proffer appears all right. 42 Attorney Signature and Dat (NOTICE TO ATTORNEY - PLEASE R URN THIS FORM TO HE APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Please also attach a copy of your application form, proffer statement, • location map, and all other pertinent information. i 27 c 3 • E Mr. Richard A. Graber 1712 Handley Winchester, Va. 22601 January 15, 1990 LAO, Mr. Lew-ils Ambrogi Frederick County Commonwealth Attorney Judicial Center 5 N. Kent Street Winchester, Va. 22601 Dear Mr. Ambrogi: Mr. Robert Watkins asked that I provide you with a cover letter regarding our project in Kernstown and a description of our request, Proffering Statement, location map and Master Development Plan plat. The request covers a three phase commercial project on three parcels • of land with a combined area of 4.7 acres. Phase I of the project was purchased in 1988 and rezoned from RP to B-2. A site plan was submitted and approved and construction of approximately 14,000 sq. ft. of retail/office space is presently underway. In an agreement with the City of Winchester and The Frederick County Sanitation Authority, city sewer and water lines have been extended to the property. We have worked with the VDOT and obtained approval for a relocated commercial entrance which is now completed and the installation of a revamped traffic signal light at the entrance intersecting Valley Avenue and Shawnee Drive in Frederick County. The light will be operational by February 28th according to VDOT. Phase II (B-2 zoning) and Phase III (RP zoning) were purchased during 1989. With the inclusion of these two additional parcels, a Master Development Plan is required since the project size has increased. Phase III also necessitates the submission of a rezoning application and proffering statement. The total project will eventually contain approximately 45,000 square feet of leasable retail/office space. Phase I should be completed by late spring in 1990 and complete project buildout should occur in 1991. • • January 15, 1990 • Page 2 Attached for your review are the following: o Commonwealth Attorney Comment Sheet (For rezoning) o Proffering Statement o Impact Statement o Master Development Application Form o Rezoning application request form (Phase III only) o Master Development Plan Plat Your earliest possible review and comments regarding this request will be appreciated since we hope to have the master development and rezoning requests reviewed during February by the Planning Department and the Board of Supervisors. Sincerely, • Richard A. Graber Applicant/Owner cc: Bob Watkins RG/11 • E L_I U REQUEST FOR REZONING COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer P.O. Boa 278, Edinburg, Virginia 22824-0278 (703) 984-4133 The local office of the Transportation Department is located at 1550 Commerce Street, if you prefer to hand deliver this review form. Applicant's name, address and phone number: I//Z /�.4�Y.0 CEL/ ,G l/L lA/�c%il�sT , V.A Z16o/ Name of development and/or description of the request: C'%I� <S10, F I//LC•4 4E — %1Ecp 16S,7 20 2E7r r 1�6�e P An A3 2. ,4yAsE .zz/-!��/10Y� Cot/-71- /.S • Location: e-z- �i°�/?11�r�lI�T�Z�1 -: �o WCSr Of 419. .l'/7r // 4x1A o,V ZW //"/3a J✓4E" Zee A R7-47oe, Al Mt7- c�auAl ✓. Transportation Department Comments: No objection to rezoning of this property. before eve opment, is orrice wM require a comp e e seu--orconstruction plans detailing entrance designs, drainage features and traffic flow data from trie rip enera ion Manua , YourM wition for review. Any worK per ormed on the State s right-of-way must be covered under a land use permit. This permit is issue ythis ottice and requires an inspection tee and surety bond coverage. VDOT Signature and Date: �,J P-c 4 O (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE AP IC T.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, • please attach a copy of your application form, location map, and all other pertinent information. • REQUEST FOR REZONING COMMENTS Frederick County Sanitation Authority ATTN.- Wellington Jones, Engineer/Director P.O. Boa 618, Winchester, Virginia 22601 (703) 665-5690 The Frederick County Sanitation Authority is located on the second floor of the Old Frederick County Courthouse in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: -77 Name of development and/or description of the request: 676isKS/vF t1la,4K�E -z6w,!� ,2aTe-?7- RW A 5 B -2. -- �r�/�D//�I� V C4n/srx - /s /, f/ "4z • Location: -�) "F- E /.a/, SE /S C/1E .Z7lOF 4 7�, piY4s� �Ad6d ,3 -Z .Sim fjc1 S �/ B -Z A��/1a�'iy.Ar�y 290, ►✓k--sr c)c el-C. ter- // 4.16 eyl Tiles /f/a,Prt/ siaFo� - ✓q ov-r * 7b4 /.fi Ti1c ev&K �r1F.� 16< V14 - Sanitation Authority Comments: CITY �� W/iYc'�,c�"S T��'P 5,4FR V.eS T�/S W1 Tisr WX T, 2R 4- S, WOW, -rW- Woof X-F,4 W65f �1��"h'E£,•>,E�u rs W1 ry 7, -e- c/T�' 41y Q Td. Sanit. Signature & Date: c/ 90 (NOTICE TO SANITATION EASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, • please attach a copy of your application form, location map, and all other pertinent information. • REQUEST FOR REZONING COMMENTS E77_ , Frederick County Fire Marshall, P.O. Boa 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Fire Marshall is'located at 21 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: /,51-14 6 i�• (l9/ rZ /'y1Z /14AIA!E .4 — Gt///t/G t/ . ZZ6o/ Name of development and/or description of the request: 7Z, .Ar- oy, A ;i2oy Rf'ra -z. -� ,z /X A44W�Aoy s-Z,sipAPP/1vY,c�ff,As /,���� phZ_S ' IZ- /S • AZ.2�,d...y Location: .���/ " .o�r� sp 2lo>s-1/ ✓- Zy- �`7oG /N AisZ°icr AX:_ ✓A . 0' - e Marshall Comments: ' 0114 a� ffi �''" Fire Marshall Signature & Date: �. %� �-<< �� _ /-,-- �L (NOTICE TO FIRE MARSHALL - PLEASE RETURN THIS FORM TO APPLICANT. ��I�o ALSO, PLEASE NOTE IF FIRE COMPANY HAS BEEN CONTACTED.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, • please attach a copy of your application form, location map, and -all other pertinent information. COUNTY of FREDERICK Departments of Planning and Building REQUEST FOR MASTER DEVELOPMENT PLAN COMMENTS 703/665-5650 Frederick County Fire Marshall P.O. Box 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Fire Marshall is located at 21 Court Square in Winchester, if yQ,u prefer to hand deliver this review form. Applicant's name, address and phone number: /'7/Z Avc- Name of development and/or description of the request: Z!Fd- 11- 71-A16 4,4412,oVdL oc A1•ds1,fie tic-vEz. A-4u/ .45 SI-44, N OAU TtiL-- A77,7107?--V/1LA7, A/&A-,c.-- L WA-S P,Q�//�s� v .4�PieD✓fd � s�/cr/u�+/ /s /N arm, • Location: It LtZ/ — , < e1W4 7W 14//4 /1! 5 . C'/ly ZA'//T.� , (�3�c/S�S OF r�f1/1�E1S ZO, Z/,, Z3 "6 Z� 4r4/74x �IAP ' 63 /.(/ ii,' Fire Marshall Cc®ents: . Nsv Fire Marshall Signature & Date: (NOTICE TO FIRE MARSHALL - PLEASE RETURN THIS FORM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach TWO copies of your plans and/or application form. REQUEST FOR REZONING COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Boa 601, Winchester, Virginia 22601 (703) 665-5651 The Frederick County Inspections Department is located at 9 Court Square in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: 16 <F/A" 4 • �i 4,f:� - /7i2- ,y AX6 A t/E - 1✓iA/c. ✓a, ZZ,v Name of development and/or description of the request: c,eL�1�S/DF �//« Uf�� Tb T1� Gu/E /f.�� ZT 0,1- s1 >�i2a y ,� 7a 8-Z - .h'd. S /s A�� g _L , sir�.�•��ov a� -AS e�� oar�i,✓�a (G�/S�X . /S /.d P/1dbCEss -- �H/�-E' -.1�. /-S s1L.QE19-dy �•c�� L -Z Location: ►/�..�i 7oL Inspections Department Comments: , 4� 1'^'"—c c9 �'---.j `t •y`—v ,�'" c�.� U ✓7 : r� (,> i,'t e- ! r Jl4e— a/ L " ...-2-r . /•1/ / PJ ��d'.-i •� /i� � � C�J^iru� � ,. �j1%a� )� �` �r Yl %I /'�, tom/ �r�7'dC:� � F)� . C: /•/Cd fI � (l S l? 1^ U �j ;?9 'i�� z U X 1l7 Inspect. Signature & Date-. (NOTICE TO INSPECTIONS - PLEASE RETURN THIS F('IRM TO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as • possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, and all other pertinent information. , 0 • REQUEST FOR REZONING COMMENTS City of Winchester, Virginia ATTN: Tim Youmans, Planning Director Rouss City Hall 15 N. Cameron Street, Winchester, Virginia 22601 (703) 667-1815 The City of Winchester offices are located in Rouss City Hall at 15 North Cameron Street in Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: /CH.9 4 ,Q4&6e- - 1171z 114410,le2l d t1L - Allfle. 114. 22,66/ 667- Name of development and/or description of the request: 62 6,tS/G1E VIL1A6�-,PEZz1V//X(4 43f" WASE al" A,4&C Z. 4or I-AAId .4S sit/ ,qMlrlW /-Z) A was vpP.eo vEd i✓ _ /9SI? AAA /s CryeeC l��,cf u�r�rn�y- s��6s�lz �S �G2c-�9oy �o.�i 8 -z 77ts.5 Z67N � Is ?a7z "?o.vi..ly 77/--:- AV4SE ZU- AV« fi2oy Td Az Location: ' L/,Esr o,� v-s i/ 'WI/ aw r&c ,c/oilnt sad o,� ✓e - Z�r %� /t/ 46K c'2E-b(I', AIVVlcr C,c )91E2EZ .0 �e2L.V ram, Ild �/l T1XlCH 71 .t/a2rff l 7l� OF Tlf� f G'K .�t/a zs 7,3�t- WIAle . C17z,l ,Cis/ir$ �fx,,ueey, -- �: Pdrzri�v /Av City of Winchester Comments City Signature and Date4---" (�L _ (NOTICE TO CITY - PLEASE RETURN THIS IFO, TO HE APPLICAN .) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as • possible in order to assist the agency with their review. Please also attach a copy of your application form, location map, and all other pertinent information. , MASTER DEVELOPMENT PLAN AND REZONING - PROFFERS • APPLICANT # 002-90 Creekside Village We the undersigned, sole owners of land to be rezoned under rezoning request number #002-90 , referred to as the Creekside Village rezoning, and the applicant for said rezoning, hereby voluntarily proffer the following conditions. The conditions proffered shall be binding upon the heirs, executors, administrators, assigns and successors in interest of both the applicant and owners. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County code: Transportation: A. The sole entrance/exit on the subject property will be the commercial entrance onto Route 11 at the front of the property. Traffic will be controlled by the traffic signal installed at the owners expense at the intersection of Route • 11 and Shawnee Drive (Route 652). B. The only entrance/exit to Route 706 on the southern boundary of the property will be an emergency vehicle entrance. Water & Sewer A. The water service to Phases II and III will be extended from Phase I by the owner and a second fire hydrant will be installed in accordance with the Fire Marshall Regulation. B. The sewer line to Phase II and III will be extended form Phase I by the owner. Aesthetics: The project will be designed to create a village type shopping and office complex unlike the typical "strip mall" look that is prevalent in most new commercial projects either recently completed or presently under construction in the Winchester/Frederick County area. o The existing main building built in the 1790's is being preserved and remodeled. This structure fronts on Valley Avenue at the entrance to the project. o All new buildings that will be constructed during the three • phases will complement the existing main building and colonial brick and siding architectural standards will be followed. o All non paved open areas and parking islands will be landscaped with a mixture of trees, shrubs, flowers and grass. An underground irrigation system will be installed to assure all plantings are properly maintained. 41 • E Master Development Plan and Rezoning Proffers • January 15, 1990 Page 2 Aesthetics: Continued o All signage will be in accordance with established standards set by the architect and the owner and must be approved prior to installation. No business sign shall exceed 100 sq. ft. in size. o All outside lighting will be of Colonial or Victorian design and perimeter lighting will be directed on site and will be non -glare so as to minimize the impact of adjoining properties. o Curb and guttering will be used in most paved areas for aesthetic appeal and water run-off control. All traffic areas will be asphalt covered. o The property line between the applicants project and the 7-Eleven Store on the Southeast of applicant's property will be fenced with open fencing. The southern property line bordering VA Route #706 will be a combination of parking and landscaped islands on the applicant's property. The parking • area within the Winchester City limits will be landscaped as previously agreed to with the Winchester Planning Director for Phase I site plan approval. Storm Water Management: A underground storm water collection and drainage system will be installed as a part of Phase II and Phase III site work to facilitate rainwater run-off and drainage from the project property to Hoge Creek. Underground Utilities: All electrical, telephone and cable lines on the property will be installed underground for aesthetics and anticipated new county regulations. Master Development Plan: The owner is proffering the Master Development Plan covering proposed uses of property and applicable drawings as submitted to the Frederick County Planning Commission for Phases I, II and III of the subject project. • L� Master Development Plan and Rezoning Proffers January 15, 1990 Page 3 Continuity: It is the intent of the owner/applicant to maintain the property under individual ownership and to maintain the standards outlined in these proffers. If the property is sold at a future date, deed covenants, where possible, will apply to future ownership to protect the original aesthetic and historic preservation intentions as stated above. These proffers shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the applicant and property owner. This document shall set forth the total obligation of the applicant and property owner to The County of Frederick in connection with the rezoning of the site. Consequently, the applicant's and property owner's obligation shall not be subject to future modification or enlargement without the express written concurrence or consent of the current property owner(s), applicant or their • successors and assigns. • Applicant & P per Owne . 'Ri and A. Gr •ber BY: � DATE: —�Zxjli/ /,/,,; /CIL7 ss: Subscribed and sworn to before me on this 7 day of , 19�0 Notary Public: -cxc Cam, h My commission expires: TAy CermmissW Expires WOW 11, 1992.