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HomeMy WebLinkAbout006-90 Kathryn M. Perry - Shawnee District - BackfileRECEIPT r,~ ^ 022818 AMOUNT DUE I AMOUNT PAID $ /' 1 ) (-�v BALANCE DUE PAD BY CASH -� ;j- a CHECK OTHER FREDERICK COUNTY DEPT. OF PLANNING AND DEVELOPMENT P.O. BOX 601 • 9 COURT SQUARE WINCHESTER, VIRGINIA 22601 • (703) 665-5651 DATE RECEIVED FROM kit—/v-l!4lA ADDRESS THE SUM OF r ��ll,^ FOR �yyS6 '00 4 LARS S SAY TIMERS RE -ORDER No 3224 — Pnmeo n USA Upon submittal of your completed application, a sign will be issued to you for a fee of $25.00. This deposit will be refunded within five (5) days after the sign is returned. AT LEAST SEVEN (7) DAYS BEFORE THE HEARING, the sign must be placed at the property line and maintained -until the date of the hearing. Failure to comply means that your request will be tabled. I UNDERSTAND THAT I AM REQUIRED BY LAW to display the sign provided by the Frederick Co. Planning Department. I UNDERSTAND the terms explained above. My signature verifie that I have rece-i ed.said sign. -° MG0 ,e Signature v� • W 1, REZONING CHECKLIST The application is not complete if the following are not present: Submission Package 5,44 bi . Comment sheets from the following agencies along with any marked copies of the plan: VDOT ✓ City of Winchester v Co. San. Auth. V Co. Hlth. Dept. Inspections Dept. Fire Marshall County Attorney 2. application form ✓ 3. location map 4. survey 5. deed Parks & Rec. Airport Authority 61al c y- tAze-,C 6. taxes paid statement 7. sign received 8. fees paid :L�cl 9. impact analysis 10. proffer statement TRACKING DATE S- L$� Application Received VAV Rezoning forwarded to consulting engineer, if required. eS. Consultation held with planning staff Rezoning reviewed by Zoning Review Committee 7U Adjoiner notifications mailed for PC public hearing 718-90 Rezoning heard by PC vex— Public hearing date set by BOS 7-30- 0 Ordinance of amendment with conditions proffered prepared for BOS Adjoiner notifications mailed for BOS public hearing MID Rezoning heard by BOS Zoning map amended 1 b Rezoning records updated lie sting Zone; A e: M- /1 r 6 1 , ' Ac'f ko I If 1 i t v t Total Area = I i \�-Ecisting , Prop6sed x sting U! J'6V 1 I` :'••: ! / I is • f r'• ••-••• • r • tir+: / r •r ti♦ •r 3 \ I '.••f,'ti y♦r •• firs t _ 0ip �3 #p rA------ ----- „s" Z — / 7` t O- a 0 t 1 1i h I � g z I i; ; 'j o 10 l� I ia• � � - - -' j �_ t aai:� `z V / t I ,o / r�-r i I )� .489 Ac' Proposed E anc �_ 0 Exle thg Zone: 1MA-t ` `\� :+:;,�r•'::�,; �` to roposed Zone; 13.2 Match We lew Busln Lane \ �, ;, .� q6. CE E Existing rar, - == 7j7- E nt ra n w enter) Pam Deeter From: Sent: To: Cc: Subject: (' John Bishop Thursday, June 09, 2016 2:03 PM Pam Deeter Mark Cheran F-Wo A d' R t 50 P rt Pam can you please check on this? rca is ou a rope y John A. Bishop AICP Assistant Director -Transportation Frederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 540-665-5651 From: Carla Coffey[mailto:ccoffeyCaarcadiacompanies.com] Sent: Thursday, June 09, 2016 1:59 PM To: John Bishop; rkepler@greenwayeng.com Cc: Mark Cheran Subject: RE: Arcadia Route 50 Property John, GCu-�_ PQJii ) Gca� l2sAvt lu ram. Has the County been able to confirm item #4? We are preparing to close and need to confirm this occurred when the Property was transferred to us by Perry. Thanks, Carla From: Carla Coffey Sent: Monday, April 18, 2016 11:39 AM To: John Bishop <ibishop@fcva.us>; rkepler@greenwayeng.com Subject: Arcadia Route 50 Property John, Thank you again for your time on Friday. I would like to generally summarize our discussion regarding the proffers to ensure we have the same understanding. 1. The proffers require a 70' ROW dedication from Route 50 to the as shown on the GDP. If we can construct our road improvements in 70' we will not be required to dedicate additional ROW but the County would prefer 80' to be dedicated at this time in order to ensure adequate room for improvements as road criteria has changed since the proffers were approved. 2. The proffers require construction of a 4 lane divided road from Route 50 to approximately 700' into the site. As well as a deceleration lane on westbound Route 50. While the County's Comprehensive Plan shows the entire length of the road to be four lane through the site the County cannot and will not require it. The deceleration lane will be expected to meet current criteria of a 200' turn lane and 200' taper. -- -' - f .L � V , t F r+ ;.x. VA ,.9.. no rt. cc I d 0 � �) � � W G P ` 1 r , 3. A two lane road will be constructed from point B to C, approximately 771', as shown on the approved GDP. It is anticipated that the entrance to the site will be located closer to the terminus of the road. This is still in conformance with the GDP and would be allowed. 4. The County will verify the $10,000. Proffer contribution was paid when the site was transferred to Arcadia. 5. A MDP will not be required if we are processing a Road Public Improvement Plan separate for the site development plan. 6. The County will verify if a bonded and approved plan meets the proffer requirement. If not what satisfies the proffer? Open to traffic? Accepted into the VDOT system? Please clarify. In addition to this we discussed the possible requirement for a left turn lane on eastbound Route 50. It is my understanding this could be required if the trips generated by our site require it. An additional discussion will need to be had with VDOT to determine what their requirements will be for an approvable public improvement plan. Randy is scheduling a meeting with VDOT for this purpose. John and Randy please let me know if I missed or misrepresented anything above. I appreciate your helping us determine what we would need to for the PI Plan. Thanks, Carla Carla E. Coffey Arca(fia (gruel, lire. 1602 Village Market Blvd. Suite 235 Leesburg, VA 20175 (703) 771-8000 main (703) 909-11 12 cell 0 0 Eddie Keeler, Chief June 30, 2016 Mark R. Cheran Zoning Administrator County of Frederick 107 N Kent Street Winchester VA 22601 Dear Mr. Cheran: Greenwood Vol. Fire & Rescue Company, Inc. PO Box 3023 Winchester, VA 22604 T (540) 667-9417 Dan Cunningham, President This acknowledgement of a contribution to Greenwood Volunteer Fire & Rescue Company, Inc. from The United States of America / Arcadia Land, Inc. (Rezoning Application #006- 90 Kathryn M. Perry) for 2016 is provided pursuant to section 170(f)(8) of the Internal Revenue Code. Name of Contributor: The United States of America / Arcadia Land, Inc. 2117 Northwestern Pike Winchester VA 22602 A 2016 contribution is as follows: Amount Check Number Date Categou $10,000.00 210831 6/23/2016 Donation Greenwood Volunteer Fire & Rescue Company, Inc. did not provide any goods or services in whole or partial consideration for the above contributions. Sincerely, Pamela K. Keeler Treasurer — 9 U %e% 10 xc;b Title, LLC 500 West Jubal Early Drive, Suite 100 Winchester, VA, 22601 540-723-0662 PAY Ten Thousand and 00/100 Dollars TO THE Greenwood Fire Company ORDER OF File: 157503WIN TAXID# 65-A-116 L7TT91TT71TlTn M&T Bjtnk One M&T Plaza Buffalo, NY 14203 7-11 /520 DATE 06/23/2016 lie 2 108 3 Le 1:0 S 2000 1 131: 0006 18 96 9 Slim RGS Title, LLC M&T Bank 500 West Jubal Early Drive, Suite 100 One M&T Plaza Winchester, VA, 22601 Buffalo, NY 14203 File Number 157503 WIN Check Number 210831 Check Date 6/23/2016 Check Amount $10,000,00 Buyer / Seller The United States of America / Arcadia Land, Inc. Property Address: 2117 Northwestern Pike, Winchester, VA 22602 Payee: Greenwood Fire Company Payee Address: , , 1304 Invoice TOTAL $10,000.00 $10,000.00 Check No. 210831 AMOUNT $10,000.00 DAYS y os tW�JP4' F(G � Y 9 f`4y�0 yy'LJ .111k� MP 210831 W, i AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Planning Commission Approval on August 8, 1990 Board of Supervisors Approval on September 26, 1990 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #006-90 of KATHRYN M. PERRY WHEREAS, Rezoning application #006-90 of Kathryn M. Perry to rezone 56.386 acres from RA (Rural Areas) to B2 (Business General) and 2.251 acres from RA (Rural Areas) to M1 (Light Industrial) and 1.489 acres from M1 (Light Industrial) to B2 (Business General) located approximately 2.5 miles southeast of Winchester on Route 50 and designated as Parcel 116 on Tax Map 65 (65000-A00-0000-0000- 0116-0) in the Shawnee District, was referred to the Planning Commission on July 18, 1990; and, WHEREAS, the Planning Commission held a public hearing on this application on July 18, 1990; and 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 August 8, 1990; and 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; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: Page 2 Rezoning #006-90 Kathryn M. Perry That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 56.386 acres from RA (Rural Areas) to B2 (Business General) and 2.251 acres from RA (Rural Areas) to M1 (Light Industrial) and 1.489 acres from M1 (Light Industrial) to B2 (Business General) located approximately 2.5 miles southeast of Winchester on Route 50, and designated as Parcel 116 on Tax Map 65 in the Shawnee 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: 4' PROFFER PERRY PROPERTY REZONING RE UEST CASE NO. 006-90 Revised 9/14/90 I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number 006-90, referred to as the Perry property 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 the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to the property to be developed will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at a point opposite the existing entrance to Westview Business Center. Upon rezoning approval and upon development, the owner will transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70') fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the deceleration lane and entrance shown on said Generalized Development Plan on the northeast side of Route 50 at the entrance of the road to be constructed. i 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. 5. A two lane road section for acceptance by VDOT from B to C shown on the generalized development plan will be constructed by the owner of the land in question. This construction will be at the expense of the applicant/property owner. The said road connection from B to C will be constructed in associationwith any subdivision or site plan development within the development phase containing said road connection as shown on the approved master development plan. 6. Normal usage electrical and telephone systems required within the development area for service to the individual uses, will be placed underground. The development area is the area bounded by the limits of this proposed rezoning and adjacent rights -of -way. 7. The applicant desires to donate $5,000.00, in cash, at the time of transfer of the first building lot or issuance of the first grading permit and an additional $5,000.00, in cash, at the time of the second building lot or issuance of the second grading permit to the Greenwood Fire Company in order to provide for the expanded commercial zoning fire needs. Should the entire site be transferred one parcel, the Appliant will make a $10,000.00, in cash, donation to the Greenwood Fire Company to be used for their needs. I . & r Kathryn A Perry 0( !{ This ordinance shall be in effect upon its passage. Passed this 26th day of September, 1990. A Copy Teste t John R -Rile , J Frederick County Administrator • 167 � ti h i r �� -S'/vim'✓.._ ��` •� i� S'I' _ .r. y ?rC' S.fO'tc•:�E..✓•7y .P�U!E 50_-- r a Q i PA•PCEG A SB.637 ,CC�F'ES J• 99. tj LQ�O \� a�F,pLTIi pF oar C� /4--� cr B. 4f4,PBE,?T ET, .4LS. C.4A1,O ��a H. DRUCE EDu s x_ sNawtiEE oisr�,rr, FpEOEPCC" COG;vrr, CCRTIFICATE No. i Yi<"Gitira 54-17.3 W965 54.17.3 (D)162 y 0 'f'�i.� yFRPfoq,(YO BY �FV LAND 5�� CPEEV/Y4� E-OcIve -'elmG wxv selexe Yw COS 1kc.. • H'/.G'L•.S�ESTE,F; V/.C-7;�;0//A • OK609Pc168 the arr lapnnying plat repret;ents if vurvey ul' lbe land vorlveyed I:unPv It, Nu['bcrl El. Als. by deed dated December I,1n80 and r..••.•tded io Il+e Frederick County Court. Clerk's Office in Deed, 541, I'a:-,o .76. 111" unit! l:uul lieN on ho111 Sider; of U.S. Ituute 50 about I,•!. I;t81 of WioelteSLPr In Shawnee District, Frederick County, tnln :111d iS bounded as foIIOWs: Parcel A Vogt lilt lny; at an iron pin set turner to Katie 8. Anlhoney 4111J in Lhc L•:nstern Itil;ht-of-Wav of U.S. Route 50; thence with ::+Id RighL-of-Way of U.S. Route 50 for the four following, courses; N _'u"54'40" W - 25.93' to a V.U.H. Monument; thence N 15°14'16" W - 11" to a 1'.U.II. Monument; thence N 14°48'46" W - 223.90' tt a V.D.H. tlonumenl; thence N 28°46'17" W - 292.57' to au Iron :,in set in said Right-uf-Way and a corner to Ferman W. Perr}; thPnre with said ferry land for the iwo following, courses; lJ 44"11151" F. - 503.69' to an iron pin set; thence N 44°17'51" f•. - 947.71)' Lo an iron pin found corner to said Perry land and in a line of Donald W. Moulden Sr, land; thence. with said linulden land S 51°37'04" E - 1U86.99' to an iron pin set corner Moulden, Il++hlasnn and KoLie H. Anthooey; Lhenen with said Anthoncy for the Lwo following, courses; S 04°59'11" W - 902.641.to an iron pin r+el; LhencP S 63*51123" W - 1541.71' to the beginning,. t:--l.taiuing . . . . . . . 58.637 acres Surve)•ed . . . . . . . . November 12,1985 .Prepared By Crecnway Engineuring 6 Survcvinr Co. Inc. Winchester, Virginia :er 169 1 BK609FIG i 69 I Parrot It ! Iteginning at an iron pin in the Western Hiplit-of-Way ill" Houle 50 antl curner lu Wilber llnnesty; thence with Bald 11-.-nasty ti 63°51":3" W - '317.44' to n Turner post in it Ilno of t;..:--%:l: land and Turner to Gancor land; thenre With naitl Garher I.. 14*51'19" W - 2181.38' to an iron pin r+(-1 Turner to t;,trher in the WosLoro Itiyhl -ut -Way of' U.S. Ituuto 50; thenre tii ai I Hi);ht -of -tiny (If U.S. lom o ,Q Ior the foer I(-ll(,win^ S 26" N' 10" L. - 1011 . 77 I o a V.,..II. !luunmcnl , t honro I'r°51'14" ): - 4Z6.50' to a V.1).11. Win uatenr; thonce S 30 0-1"II" 1: lu it iron pin r,el; lhroee }; 14°24'37" It - 741.55In tr h";;inttlnY. 1 .t`i•iUr• . . . . . . . 11.H43 acres .od . . . . . . . Wovt•tuhrr 12.*14115 Prepared B\ Grooiiwai. l?ngincering & Sarveyirty, Go., tile. Witichcsler, Virginia UP u ^,111 „INIA FREI.MUCK CJU,M, ,T; is instrument of writing was produced to me oa Lite 71'6 day of�0� " l t' • vd with cedificat acltno dgment thoreto annexed r/.,t .r ,. •Jmitted to record. ,Tax imposed ny Sac. id -A. i of f. pa •ad 5i3-54 have been paid, if a -so :a.r. C1e1 This ordinance shall be in effect upon its passage. Passed this 26th day of September, 1990. A Copy Teste John R Rile , J Frederick County Administrator a 0 •( PROFFER PERRY PROPERTY REZONING REQUEST CASE NO. 006-90 Revised 9/14/90 I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number 006-90, referred to as the Perry property 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 the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to the property to be developed will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at a point opposite the existing entrance to Westview Business Center. Upon rezoning approval and upon development, the owner will transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70') fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the deceleration lane and entrance shown on said Generalized Development Plan on the northeast side of Route 50 at the entrance of the road to be constructed. il �9- 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. 5. A two lane road section for acceptance by VDOT from B to C shown on the generalized development plan will be constructed by the owner of the land in question. This construction will be at the expense of the applicant/property owner. The said road connection from B to C will be constructed in associationwith any subdivision or site plan development within the development phase containing said road connection as shown on the approved master development plan. 6. Normal usage electrical and telephone systems required within the development area for service to the individual uses, will be placed underground. The development area is the area bounded by the limits of this proposed rezoning and adjacent rights -of -way. 7. The applicant desires to donate $5,000.00, in cash, at the time of transfer of the first building lot or issuance of the first grading permit and an additional $5,000.00, in cash, at the time of the second building lot or issuance of the second grading permit to the Greenwood Fire Company in order to provide for the expanded commercial zoning fire needs. Should the entire site be transferred one parcel, the Appliant will make a $10,000.00, in cash, donation to the Greenwood Fire Company to be used for their needs. . &:�r Kathryn M. Perry This ordinance shall be in effect upon its passage. Passed this 26th day of September, 1990. A Copy Teste �J John R Ri e , J Frederick County Administrator •� eK G 0 �►�;�� Q vr w 0 ' t, 3 14. h � � �A•PCEG A ��'�. S6. G,37 .-C Cd-S C 99 ND OIL `OD �\ 0 DB �o 30 8 1� D h 0��,pLTI! p�,`� oCAT Gk VA c/Ad9ES B. itMRSI-W 7- ET, AC u H. DRUCE EDEIS rx� sHa�,uEE o�sr�.rr, �,�EOE�;�cc co�;vrr, CERTIFICATE No. i ���Gitir.4 54.17.3 (0)965 5417.3 (D)162 0� F ���Cy RPEo.4�'FO BY LAND s� ; , C�PEf:VH.vr F..v�ivEf,P��uc ,ovo SaQ�Erivc Ca, �.GC' OK60JPG168 i •fll,- iloctti,wanyinl; 1)1at reprvm,nts it viirvey of, the land c-onveye(i „ .►;imo.m B. Marberl. EL. AIs. by deed dated December I ,1rr80 and 1—4-1ded ill Illy Frederick County Coul-L Clerk's Office in Deed. IiIo +--Od Illnd I Ceti rin hot sides of U.S. Ruute 50 about I."• I;ItiI 111 WioclivsLer In Shawrlee 1)1strict;, Fri -der Icl( Colin (v, 1 1 •' i II i s mid in bounded its l of low,-:: Parcel A ltogiuninp, aL an iron pin set currier to Katie B. AnLhoney ;llld in Lhc E.istern night-of-Wav of U.S. Route 50; thence with .,;;I id Ri);hL-of-Way of U.S. Route 50 for the four following courses; N .:1)"54'4o" 14 - 25.93' to a V.D.if. Monument ; thence N 15°14' 16" W i'11.►►:' to a V.D.H. Monument; thence N 14°48'46" W - 223.90' It, it V. D.11. Monument ; thence N 28*46' 17" 14 - 292. 57to an I con 1m) set in said Right -of -Way and a c.urner to Ferman W. Perry; tlll•rlt•e with Said Perry land for the two following, courses; 11 44011'51" E - 503.64' to an iron pin set; thence N 44°17'51" B - y47.7►)' Lo an iron pin found corner to said Perry land and in a line of Donald W. Moulden Sr. land; thence with said tloulden land S 51°37'04" E - 1U86.99' to an iron pin set corner Moulden, IlobInson and Katie R. Autl►oney; Lherlce with said Ant:honey for Lhe Lwo following, courses; S 04°59'll" W - 902.64'.to an iron pin set; Lhence S 63°51'23" W - 1541.71' to the heginning,. Ci-i,Lail►ino . . . . . . . . 58.637 acres till rvvy(bd . . . . . . . November l 2 , 1985 ,Prepared By Creeriway Engineering b Surveying, Co. Inc. Winchester, Virginia , • �;11,i11;t;;�p As, m 169 6K609PG 1 69 Pa rve 1 It Ileginninp. at an iron pin in the Uestorn Right -of -Way (,I' Itmite 50 and curnat• to Wilber Honesty; thence With will I' Irs ty ti 63051'23" W - 317.44' to a turner post in a Hnv o v I;ititI mili corner to Gar Isor Iand ; tIionce Witll nai(i Garher I,i•? 14151'211)" W - 2381.38' to an Iron pin a(c`I vorn(sr Its (;arher .mt; iIi the Wr�trr•n Itiy;lit-(8i-Way c►f U.S. Itotity 50; Ihenrr h'1�f=:1I'I Itlfall(—Ui—t\'a•1\' C� t!.S. t2(allto 0 1or tho Imor Its II(ib'lii,' ;!i10 1l1' 1 o" L. — 101 1 . I i ' Its a `'. I!. 11. Muimnicnt ; t heiive I It Or)1 ' 14" I: - 426. 50' to a \'.I►.II. Monunic tir ; thence S 311102' 1 1 " 1: i .1.18' t o all i rmi pin ,;et ; t hoiive 14 °Z4' 37" F. - 74 1 . 5 5' to 1 ` It I Its, . . . . . . . 1 I . H43 ac•resl ..��•ci IJ(Iv(�mhrr ll,'lytt5 k't•t• Ira r�c1 1fy . Grootlwa} 17110riverinh b Slirveyiny, Co., Inc. l:inrhvsLer, Virginia is f r u K fiN11E��.A6 1NIA FM ERICK CJUJfis"f '���,T:.is instrument of writing was produced to me o.i�t�►r : yi 1.2 + :( 1.., 7�fj da of�.�Oa /rI 6' ►d with certificat f ackno ,dgment thereto annexed .� 'f.mitted to rocord..Tax imposed dy Sic. cid-A.1 of ^'''�• 00 , -and 5c3-54 have been paid, if a.se:s..t, C1911 PC review 7/18/90 ,,PC review 8/1/90 Bos review 8/8/90 BOS review 9/12/90 BOS review 9/26/90 REZONING APPLICATION #006-90 KATHRYN M. PERRY TO REZONE 56.386 acres from RA (Rural Areas) to B-2 (Business General) 2.251 acres from RA (Rural Areas) to M-1 (Light Industrial) 1.489 acres from M-1 (Light Industrial) to B-2 (Business General) LOCATION: Approximately 2.5 miles Southeast of Winchester on Route 50. Adjacent to Winchester Building Supply site and across Route 50 from Westview Business Center. MAGISTERIAL DISTRICT: Shawnee TAX MAP & PARCEL NO.: Tax map 65, parcel no. 116 PRESENT ZONING & LAND USE: RA, Rural Areas ADJACENT ZONING & LAND USE: Business and vacant uses zoned B-2 Business General, M-1 Light Industrial, and RA Rural Areas PROPOSED USE: Retail or Office Commercial Uses REVIEW EVALUATIONS: Parks & Recreation - No comments. Health Department - No objection as long as central water and sewer facilities provided. Winchester Regional Airport - See comments attached. Frederick Co. Sanitation - The nearest sanitary sewer is approximately 350 feet from the entrance of the proposed business park. If the tract is serviced through this route, the existing pump stations would have to be evaluated for needed grading. A twelve -inch water line is located about 350 feet from the proposed entrance to this property. Inspections Dept. - Shall comment on Building Use Group at the time of structural plans review. Va. Dept. of Transportation - No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance design, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, 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. Planning and Zoning - The following issues should be considered: Location: The site is located on the boundary of the urban development area. It might be considered to be just beyond and adjacent to the urban development area. However, it is the opinion of the staff that the site does conform with the business corridor concept in the plan. Land zoned B-2 and M- 1 is located immediately across Route 50. It is the opinion of the staff that the site is in the Route 50 business corridor but that the business corridor does not extend beyond this area to the east. Site Suitability: The site has contained rolling to steep terrain. Shale has been removed from the site under a conditional use permit and substantial leveling and grading has occurred. The site is generally suited for business development. Sewer and water are available across Route 50 in the Westview Industrial Park. The site is located across Route 50 from the entrance to the Westview Park. This will result in a major intersection at this location. Impacts: The site drains primarily towards Route 50 and towards the east. Substantial stormwater controls will be required. Industrial uses are located to the west. Some residential uses are located to the northwest. Appropriate buffers and screens may be required. Development of the site for B-2 uses will result in substantial traffic impacts. B-2 uses may generate over 201000 average daily trip ends at this site. The applicant has proffered that the entrance to the site will be via a four lane road entering Route 50 opposite from the Westview Center entrance. The entrance will be built and dedicated as a state road for approximately 650 feet to the entrance of the site as shown on a generalized development plan. The applicant proffers to reserve for dedication a 70 foot right of way to the northern boundary of the property. This road will provide for a major collector connection in conformance with the Comprehensive Plan. The applicant has proffered to construct a right turn deceleration lane along the northeast side of Route 50. The length of this deceleration lane is not specified. Development of this site and the Westview Center will result in a substantial intersection with high levels of traffic and frequent turning movements. Concerns should be expressed that the intersection be adequately designed in the future with adequate turning lanes and traffic controls. A more detailed analysis described how appropriate levels of service will be maintained would be appropriate at some point in the development process. Conclusions: It is the opinion of the staff that the rezoning is in conformance with the business corridor concept in the Comprehensive Plan. Access proffered is in conformance with the road plans in the Comprehensive Plan. Concern should be expressed over potential traffic impacts and the need to appropriately design and construct the intersection to maintain appropriate levels of service. PLANNING STAFF RECOMMENDATION - JUNE 28 1990• Approval with acceptance of proffers. PLANNING COMMISSION RECOMMENDATION - JULY 18, 1990: Tabled to 8/1/90 by the following vote: YES (TO TABLE): Marker, Copenhaver, McDonald, Sherwood, Golladay, DeHaven, Romine, Thomas NO• Rinker ABSTAIN: Wilson PLANNING COMMISSION RECOMMENDATIONS - AUGUST 1, 1990: Unanimous approval with acceptance of proffers. (Mr. Wilson abstained) BOARD OF SUPERVISORS ACTION - AUGUST 8, 1990: Tabled BOARD OF SUPERVISORS ACTION - SEPTEMBER 12, 1990: Tabled AMENDMENT FREDERICK COUNTY ZONING ORDINANCE Planning Commission Approval on August 8, 1990 Board of Supervisors Approval on September 26, 1990 AN ORDINANCE AMENDING THE ZONING DISTRICT MAP #006-90 of KATHRYN M. PERRY WHEREAS, Rezoning application #006-90 of Kathryn M. Perry to rezone 56.386 acres from RA (Rural Areas) to B2 (Business General) and 2.251 acres from RA (Rural Areas) to M1 (Light Industrial) and 1.489 acres from M1 (Light Industrial) to B2 (Business General) located approximately 2.5 miles southeast of Winchester on Route 50 and designated as Parcel 116 on Tax Map 65 (65000-A00-0000-0000- 0116-0) in the Shawnee District, was referred to the Planning Commission on July 18, 1990; and, WHEREAS, the Planning Commission held a public hearing on this application on July 18, 1990; and 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 August 8, 1990; and 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; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors as follows: Page 2 Rezoning #006-90 Kathryn M. Perry That Chapter 21 of the Frederick County Code, Zoning Ordinance, is amended to revise the Zoning District Map to change 56.386 acres from RA (Rural Areas) to B2 (Business General) and 2.251 acres from RA (Rural Areas) to M1 (Light Industrial) and 1.489 acres from M1 (Light Industrial) to B2 (Business General) located approximately 2.5 miles southeast of Winchester on Route 50, and designated as Parcel 116 on Tax Map 65 in the Shawnee 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: PROFFER PERRY PROPERTY REZONING REQUEST CASE NO. 006-90 Revised 9/14/90 I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number 006-90, referred to as the Perry property 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 the undersigned. In the event the Frederick Countv Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to the property to be developed will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at a point opposite the existing entrance to Westview Business Center. Upon rezoning approval and upon development, the owner will transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70') fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the deceleration lane and entrance shown on said Generalized Development Plan on the northeast side of Route 50 at the entrance of the road to be constructed. 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. 5. A two lane road section for acceptance by VDOT from B to C shown on the generalized development plan will be constructed by the owner of the land in question. This construction will be at the expense of the applicant/property owner. The said road connection from B to C will be constructed in associationwith any subdivision or site plan development within the development phase containing said road connection as shown on the approved master development plan. 6. Normal usage electrical and telephone systems required within the development area for service to the individual uses, will be placed underground. The development area is the area bounded by the limits of this proposed rezoning and adjacent rights -of -way. 7. The applicant desires to donate $5,000.00, in cash, at the time of transfer of the first building lot or issuance of the first grading permit and an additional $5,000.00, in cash, at the time of the second building lot or issuance of the second grading permit to the Greenwood Fire Company in order to provide for the expanded commercial zoning fire needs. Should the entire site be transferred one parcel, the Appliant will make a $10,000.00, in cash, donation to the Greenwood Fire Company to be used for their needs. Kathryn M. Perry • 0 This ordinance shall be in effect upon its passage. Passed this 26th day of September, 1990. A Copy Teste John R Ri e�, J . Frederick County Administrator REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff: Zoning Amendment Number 0016'90 Date Received 5-t4-90 Submittal Deadline Application Date PC Hearing Date 10c;dfl BOS Hearing Date AilL In-Gk--&JI_gi- - - ---------------------------------- The following information shall be provided by the applicant: All parcel numbers, tax map numbers, deed book pages and numbers may be obtained from the Office of the Commissioner of Revenue, 9 Court Square, Winchester. 1. Applicant: Name: G.W. Clifford & Associates, Inc. Address: 200 N. Cameron St. Winchester, Va 22601 Telephone: (703) 667-2139 2. Owner: Name: Ferman W. & Kathryn M. Perry Address: Rt. 6,Box 152-A Winchester, Va 22601 Telephone: (703) 667-4310 In addition, the Code of Virginia allows us to request full dis- closure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be re- zoned: Ferman W. & Kathryn M. Perry 3. Zoning Change: It is requested that the zoning of the property be changed from RA to B-2. 4. Location: The property is located at (give exact directions): Approximately 2 5 miles Southeast of Winchester on Rte. 50 Adjacent to Winchester Building Supply site and across Rte. 50 from Westview Business Center. 0 5. Parcel Identification: 21 Digit Tax Parcel Number: 65000-A00-0000-0000-01160 6. Magisterial District: Shawnee 7. Property Dimensions: The dimensions of the property to be rezoned. Total Area: 60.12 Acres The area of each portion to be rezoned to a different zoning district category should be noted 56.386 Acres Rezoned from RA to B-2 2.251 Acres Rezoned from RA to M-1 (Land Exchange) 1,489 Acres Rezoned from M-1 to B-2 (Land Exchange) Frontage: 1259.49 Feet Dept: 1451.39 Feet _(varies) 8. Deed Reference: The ownership of the property is referenced by the following deed: Conveyed from: James B. Marbert, et als Deed Page: 164 Deed Book Number: 609 9. Proposed Use: It is proposed that the property will be put to the following uses: Retail and/or Office/Commercial 10.Checklist: Check the following items that have been included with this application. ✓Location map ,/Survey or plat Deed to property Statement verifying taxes ✓Sign receipt ✓Agency Comments Fees V mpact Analysis Statement ✓Proffer Statement 0 0 P� • 11.Signature: I (we), the undersigned, do hereby make application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materials are true and accurate to the best o my (our) knowledge. Applicant: Owner:,��7,� 12.Representation: If the application is being represented by someone other than the owner or application and if questions about the application and if questions about the application should be directed to that representative, please list the following. Representative's Name: G.W. Clifford & Associates,Inc. Charles E. Maddox, Jr. Representative's Phone Number: (703) 667-2139 Owners of the Property adjoining the land will be notified of the public hearing. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any prop- erty directly across the road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 21-digit tax parcel identification number which may be ob- tained from the office of the Commissioner of Revenue. Name: David C. & Carol Ann Robinson Address: P.O. Box 3793 Winchester, Va 22601 Property I.D.#: 65000-A00-0000-0000-0103A Name: Donald W. & Melvina M. Moulden Address: 932 Allen Drive Winchester, Va 22601 0 0 Property I.D.##: 65000-A00-0000-0000-01020 Name: Perry Properties Address: Rt, 6,Box 152-B Winchester, Va 22601 Property I.D.##: 64000-A00-0000-0000-01580 Name: George W. & Carolyn G. Glaize Address: 817 Dutton Drive Winchester, Va 22601 Property I.D.#: 64000-A00-0000-0000-0159E Name: O'Sullivan Corporation Address: P.O. Box 3510 Winchester, Va 22601 Property I.D.$#: 64000-A00-0000-0000-0159H Name: Katie B. & Robert Anthoney Address: P.O. Box 302 Winchester, Va 22601 Property I.D.##: 65000-A00-0000-0000-01130 0 0 Enuironmental & Planning Impacts for Perry Property May 1990 Introduction The firm of Gilbert W. Clifford & Associates, Inc. has been commissioned to evaluate the above referenced project in light of several major planning issues, as outlined and required by the Frederick County Board of Supervisors. This document is prepared in support of and in preparation to rezone the property from present Agricultural Performance (RA) to General Business (B-2). 1) Traffic Imp Utilizing a FAR of 33% the estimated leaseable floor area is 850,000 sq. ft. At this amount of retail floor space, 21,937 trips to the site per weekday would be created. Many of these trips already exist on Route 50, so increased traffic loading on adjacent street will be significantly less than the 21,937 figure. The site is ideally suited for access at the intersection of Independence Drive and U.S. Route 50. �• ..- .� .� .�• a-� u.. The sewage from this project will flow by gravity to a pump station to be located somewhere in the northeastern end of the site. The sewage would then be pumped either to the Route 50 Master Lift Station, or to the pump station serving the Westview Business Center south of U.S. Route 50. The Westview Station pumps eventually to the Master Lift Station. From Route 50 the sewage is pumped to the Opeqoun Regional Facility. A decision on the destination of sewage from this site will be made in master development phases. Flows generated from this complex are estimated by the State Health Department at 170,000 (200gpd/1000SF) gallons per day, with an instantaneous flow at peak of 300 gallons per minute. In some cases, existing facilities would need upgrading to ensure their capability to handle this additional flow, the regional sewer plant does however have existing capability to treat and discharge this flow in satisfactory manor. This project would connect to the existing 12" water supply system located in Westview Business Center. There are no known limitations in the water system which would preclude the use of the property as shown. The project will utilize the same amount of water as projected in sewage flow or 170,000 gallons per day. 4. Education Cost: This project will generate no school children and therefore have no effect on educational cost in Frederick County. It will generate tax revenues with a net worth of approximately $60.00 per square foot or a tax base of $51,000,000.00 which totals at a tax rate of $.60 per $100.00, approximately $306,000 per year of tax revenue. This would be without the need for expenditures other than Sheriff protection. 0 5. Parks and Recreation Cost: This project would result in no impact on Parks and Recreation budget. 6. Drainage Facility Impacts: The development of commercial in lieu of agricultural will increase run off in small amounts over that which would be created in residential use. It is recommended that either suitable green space be allowed to reduce run off amounts or that the increased run off would be reduced prior to discharge from the site. In lieu of the above, additional storm water detention calculations should be presented with final design which would show no adverse impacts created by the imposition of this increase storm water on the existing downstream water course. If required storm water detention structures will be designed to limit post - development flows to pre -development levels in accordance with state regulations. 7. Emergency Services Cost: Sheriff protection will be required by this facility. Routine patrols of the Business Park areas should suffice for the majority of time and materials necessary to cover this facility also. Special patrols and activities may include a total of 4 hours per week. Special coverage at $50.00 per hour would involve approximately $10,400.00 per year. There should be no other impacts on emergency services. •• • Solid waste will be exported by contract hauler at no cost to the Frederick County Landfill. ,I 9. Environmental Impact There will be certain minor negative impacts due to the construction activity including run off sediment, noise and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. A minor increase in run off quantity and a decrease in quality is probable from this development. The effects on the down -stream impoundment and stream are minimal and in accordance with local and state regulations. There is no known loss of irretrievable resources involved with this project. There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. A minor impact of a negative nature is associated with lighting for security and business use. These should be closely controlled during planning stage to minimize the adverse impacts on adjacent residential structures and impacts on the traveling public. Mentioned above is the positive impact on the County financial picture. No other impacts were noted. This project will not involve the loss of any historic sites or artifacts that are known. The area has been significantly developed on all sides and no such findings of historic importance has been identified. Charles E. Maddox, Jr., P.E., V. P. G. W. Clifford & Associates, Inc. Consulting Engineer CEM/klf 0 0 ,• or PETER B. MCHEE 19:34 1967 BENJAMIN M.BUTLER STEPHEN G. BUTLER MICHAEL L. BRYAN 12 3 qS6 �3 -o NICKEE AND BUTLER RECEIVED UL'I" ' V EDto ATTORNEYS AT I.AW N FREDERIC K COUNTY 11 SOUTH CAMERON STREET � Administrators Offisi P. O. DRAWER 2097 By WINC'HESTER, VIRGUNIA 2-..601 -1,297 AREA E'QT3Pyy`703 i TEM PHONE 662-3486 FAX 703-722-3787 June 2q , 19 9 0 PLEASE REPLY TO: P. O. DRAWER 2097 John C. Riley, Jr.., County Administrator 9 Court Square Winchester, Virginia 22601 Re: My File No. 2339(1) Westview Business Centre Dear John: It is my understanding that 7-,rWjTW-eering is applying for rezoning on the property opposite the Westview Business Centre. There are two requests of the developer, George W. Glaize, Jr., which are as follows: (1) There should be a proffer from Perry Engineering that in the event the development which it plans at the location generates traffic and/or an accident experience rate that requires the Virginia Department of Transportation to place a traffic light at the location, then Perry Engineering should share proportionate with any other landowners/developers who contribute to the traffic or accident rate. (2) In the event that Perry Engineering places its utilities underground, then Glaize would cause the electric lines to be placed underground up to the intersection of Victory Lane. The benefit to the County would be that it would provide electric lines to be underground for businesses along Route 50 starting with these two business locations. It is something that the County could then bear in mind in future years as development evolves along the Route 50 corridor making a much more presentable entrance to the County on that Route. I* John C. Riley, Jr., County Administrator June 29, 1990 Page Two Thank you for your consideration in this matter. Very truly yours, McKEE and BUTLER BE JAMIN M. BUTLER BMB:dhc cc: Mr. George W. Glaize; Jr. ENW00 G� 0 FIRE EDEPARTMENT Greenwood V otun AT �J- 9 O Fire Company G. W. Clifford & Sons Att: Chuck Maddox 20 S. Cameron St. Winchester, VA. 22601 Dear Mr. Maddox: P. O. Box 3023 Wi=h=rer, Virginia 22WI August 17, 1990 As I am sure you are aware, the Greenwood Volunteer Fire Company has reviewed your latest offer to contribute $5000.00 to our company to assist us in providing fire and emergency medical services to the development you are proposing for the Perry Property (case numbers 006-90). Given the enoromous costs of Providing and maintaining fire and rescue apparatus and equipment as well as our facility costs, we do not feel that the current level of contribution being offered represents an adequate level of support for our service, given the size and scope of development being planned. Since our last correspondence, we have researched fire and rescue proffer systems used in other jurisdictions to determine the type and level of proffers being sought by other volunteer fire and rescue companies. While we have found the level of contribution we are seeking to be in line with other requests, we have found that our solicitation has been somewhat insensitive to the owner's cash flow requirements in getting a project of the nature started. It is not our intention nor desire to create a financial hardship for a property owner who is working to bring clean industry and jobs to Frederick County. We have learned from others that in many cases a landowner/ developer is more concerned about the timing of when a contribution is made than the actual level of financial assistance sought. With this in mind, we have re-evaluated our orginial recommendation and we would like to offer the following for your consideration: * An "up front" one time contribution of $5,000.00 for each building lot to be developed would be donated to our company. The timing of each contribution could occur as each lot is sold or when a building permit is issued for each site. Should Mrs. Perry sell the entire property at one time, the total contribution could be made after the sales transaction is complete. �r R EENWO�0 0 GVOL FIRE DEPARTMENT cr CQ i 0 Greenwood Votunt*4,,er .Fire P. O. Box 3023 Wi=h=ter, Virginia 22601 Company * In order to aide our continuing capital needs in the future, we would also ask that you consider the inclusion of a clause within a sale or lease contract that would obligate each owner/tenant to make an annual contribution to our company of $.05 per gross square foot of floor space owned or occupied. Such contribution would be payable by each owner/tenant on or about July 1 of each year. This contribution would be prorated for partial year occupancy. * We would also ask that any proffer committment made to us be required to transfer to subsequent owners or developers. On behalf of the officers, men and women of the Greenwood Volunteer Fire Company, I would like to thank you and Mrs. Perry for your patience, understanding and sincere consideration of'our needs. As you know, development proffers are new to fire and rescue and this has been a tremendous learning experience for our company. If I can be of any assistance to you as you consider our needs, please do not hesitate to contact me. Sincerely, William (Bill) Schuller President cc: Robert W. Watkins, Director Planning & Development Thomas W. Owens, Director Fire & Rescue Department John Riley, County Administrator r W 0 0 c = T(-II5 ! S M 67 vle PROFFER 1 PO 1 C r Vt _S % O#J PERRY PROPERTY REZONING REQUEST CASE NO. 006-90 I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number 006 — 90 _, referred to as the Perry property 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 the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to i',. ^ property to be developed will be by a 4 lane divided road entering Route 50 from ;:he north side of Route 50 at a point opposite the existing entrance to Westview BuE Liess Center. Upon rezoning approval and upon development, the owner wil transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70') fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. ( 0• k 4) 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the decelE!ration lane and entrance shown on said Generalized Development Plan on the :northeast side of Route 50 at the entrance of the road to be constructed. 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. 5. A two lane road section for acceptance by VDOT from B to C shown on the generalized development plan will be constructed by the owner of the land in question. This construction will be at the expense of the applicant/property owner. The said road connection from B to C will be constructed in associationwith any subdivision or site plan development within the development phase containing said road connection as shown on the approved master development plan. 6. Normal usage electrical and telephone systems required within the development area for service to the individual uses, will be placed underground. The development area is the area bounded by the limits of this proposed rezoning and adjacent rights -of -way. 7. The applicant desires to donate $5,000.00 in cash, at the time of issuance of the first grading permit, to the Greenwood Fire Company in order to provide for the expanded commercial zoning fire needs. Kathryn M. Perry Is4' 9�7 PERRY PROPERTY REZONING REQUEST CASE NO. I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number _, referred to as the Perry property 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 the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to the property to be developed will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at a point opposite the existing entrance to Westview Business Center. Upon rezoning approval and upon development, the owner will transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70') fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the deceleration lane and entrance shown on said Generalized Development Plan on the northeast side of Route 50 at the entrance of the road to be constructed. 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. 5. A two lane road section for acceptance by VDOT from B to C shown on the generalized development plan will be constructed by the owner of the land in question. This construction will be at the expense of the applicant/property owner. The said road correction from B to C will be constructed in associationwith any subdivision or site plan development within the development phase containing said road correction as shown on the approved master development plan. 6. Normal usage electrical and telephone systems required within the development area for service to the individual uses, will be placed underground. The development area is the area bounded by the limits of this proposed rezoning and adjacent rights -of -way. 7. The applicant desires to donate $5,000.00 in cash, at the time of issuance of the first grading permit, to the Greenwood Fire Company in order to provide for the expanded commercial zoning fire needs. 0 C7 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 September 27, 1990 G. W. Clifford & Associates Attn: Mr. Charles E. Maddox, Jr. P.O. Box 2104 Winchester, Virginia 22601 Dear Chuck: This letter is to confirm action taken by the Frederick County Board of Supervisors at their meeting of September 26, 1990. Approval was granted to Kathryn M. Perry, rezoning application #006-90, to rezone 56.386 acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres from M-1 (Light Industrial) to B-2 (Business, General) for retail or office commercial uses. This property is located approximately 2.5 miles southeast of Winchester on Route 50, adjacent to Winchester Building Supply site and across Route 50 from Westview Business Center in the Shawnee Magisterial District and is identified as parcel 116 on tax map 65. If you have any questions regarding the approval of this rezoning application do not hesitate to call this office. Sincerely, Robert W. Watkins Planning Director RWW/slk cc: Kathryn M. Perry Esten Rudolph, Commissioner of Revenue Roy Jennings, Commissioner of Revenue's Office George Whitacre, Clerk of Circuit Court C. William Orndoff, Jr., Treasurer 9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601 M N COUNTY of FREDERICK Department of Planning and Development 703/665-5651 FAX 703 / 667-0370 September 17, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application Of: Kathryn M. Perry Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386 acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres from M-1 (Light Industrial) to B-2 (Business, General). The proposed use is retail and/or office/commercial. This property is located approximately 2.5 miles southeast of Winchester on Route 50 across from Westview Business Center in the Shawnee Magisterial District and is identified as parcel 116 on tax map 65. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of September 26, 1990 at 7:15 p.m., in 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 to certify that the attached correspondence was mailed to the following on September 17, 199(fre Department of Planning and lopment, Frederick County, Virginia: Ile* 40 G. W. Clifford t Associates Attn: Tom! 'Price P.O. Box 2104 Winchester, Va. 22601 Kathryn M. Perry Route 6, Box 152-A Winchester, Va. 22601 David C. Robinson Rt. 6, Box 223 Winchester, Va. 22601 Donald W. Moulden, Sr. 932 Allen Dr. Wfiinchester, Va. 22601 Perry Properties Route 6, Box'152-B Winchester, Va. 22601 George W. Glaize, Jr. 817 Dutton Place Winchester, Va. 22601 STATE OF VIRGINIA COUNTY OF FREDERICK O'Sullivan Corp. P.O. Box 3510 Winchester, Va. 22601 Katie B. & Robert Anthony P.O. Box 302 Winchester, Va. 22601 i Robe W. Watkins, Director Frederick County Dept. of Planning I, Debi D. Swimley , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated September 17, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 17 day of Septmeber 1990• My commission expires on September 30, 1993 NOTARY PUBLIC rl donchester Regional Airport Comments The developer shall comply with the provisions of the Frederick County Airport Zoning District (AP-1) and the following Codes of Virginia: Q� Title 15.1 Code of Virginia, Section 489 (Purpose of Zoning Ordinances) and Section 491.02 (Airport Safety Zoning). Title 5.1 - 25.1 Code of Virginia (Permits Required for Erection r of Certain Structures.) Engineers, architects, contractors and developers must be aware that as Winchester Regional Airport Expands services and operations, noise associated with such expansion may increase. Although zoning may soon be suggested to -,,Consideration should be given to insulating new and existing structures located within one half (1/2) mile of the end of the airport runway and 1,000 feet either side of an imaginary extended center line of the airport runway. Sl1GBEST IONS: New Construction For new sound -insulated construction, design considerations often include: using brick or concrete masonry walls, staggering studs, insulation and fiberboard under interior and exterior finish materials; installing attic space insulation; properly baffling vents; avoiding single joint roof construction where interior and exterior materials are attached to the same rafters; avoiding exposed rafter ceilings; mortar should be free of pin holes and all joints should be well sealed. Existing Construction For rehabilitation of existing buildings, soundproofing rviodif icat ions include: replacement of existing windows with windows of greater sound transmission coefficient (STC) rating, =.r, :adding a second layer of glass; upgrading doors and seals; aCoUstic baffling of vents; adding insulation to walls and attic spaces; adding another layer of wall material to existing walls, in effect creating a two -panel wall; eliminating windows and filling the space to match exterior walls. 1 • • Winchester Regional Airport ATTN: Kenneth F. Wiegand, Executive Director Route 1, Box 208-A, Winchester, Virginia 22601 (703) 662-2422 The Winchester Regional Airport is located on Route 645, off of Route 522 South, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Ferman W. & Kathryn M. Perry Rt. 6,Box 152-A Winchester,ya 22601 (703) 667-4310 Agent: G.W. Clifford & Associates, Inc. 200 N. Cameron St. Winchester,ya 22601 Attn: Tom Price (703)667-2139 Name of development and/or description of the request: Perry Property Rezoning Location: Approx. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to Winchester Building Supply site and across Rte. 50 from Westview Business Center. Winchester Regional Airport Comments: S�-k c� Gvl - - Airport Signature & Date: (NOTICE TO AIRPORT - PLEASE TURN THIP FORM TO THE AGENT.) )�o 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, impact analysis, location map and all other pertinent information. 4/12/90 0 g. w. clifford & associates, Inc. 200 North Cameron Street P.O. Box 2104 Winchester, Virginia 22601 703-667-2139 Fax: 703-665-0493 September 18, 1990 Frederick County Board of Supervisors 9 Court Square Winchester, Virginia 22601 Re: Kathryn Perry Property U.S. Route 50, Frederick Co., Va. Gentlemen, Attached is a revised proffer which has been submitted to the County Planning staff seven days prior to your hearing this case again at your September 26 meeting. We are forwarding this copy to you in order that you may have the maximum amount of time to review this issue. After the meeting last Wednesday, Mrs. Perry and I spoke with Mr. Bill Schuler, Chief of Greenwood Fire Company. As a result of this conversation, Mrs. Perry agreed to double the size of her proffer to the fire company in a form indicated by this proffer. Since all other proffers and conditions of this approval seem to be in compliance with your needs and desires for approval, we trust this additional proffer will satisfy the unanswered question involving fire and safety. Mrs. Perry has indicated to me, beyond my doubt, that this is as far as she can go regarding additional proffers. We have consistently maintained that this important commercial addition to the available economic development sites in Frederick County will more than pay its way in tax revenues and thereby afford the ability to cover impacts such as we're discussing. In line with being a good • neighbor, it has been Mrs. Perry's desire to support this very needed and overworked volunteer organization, who do so much for the quality of life in Frederick County. Please accept these proffers in the true spirit and intent of the conditional zoning process. We will request your approval of this rezoning at the September 26 meeting and we look forward to seeing you then. Should you have any questions or comments regarding this or any other aspect of this project please do no hesitate to call. Sincerely yours, C. E. Maddox, Jr., P. P. G. W. Clifford & Associates, Inc. CEM/ckd cc: Mr. Kathryn Perry Mf:-:BbbLWatk ns This letter forwarded to following Board Members on September 18, 1990: Mr. Kenneth Y. Stiles Mr. Robert M. Rhodes Mr. Dudley H_ Rinker Mr. Roger L.Crosen Mr. W. Harrington Smith, Jr. Mr. Charles W. Orndoff, Sr. 4 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 August 29, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application Of: Kathryn M. Perry Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386 acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres from M-1 (Light Industrial) to B-2 (Business, General). The proposed use is retail and/or office/commercial. This property is located approximately 2.5.miles southeast of Winchester on Route 50 across from Westview Business Center in the Shawnee Magisterial District and is identified as parcel 116 on tax map 65. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of September 12, 1990 at 7:15 p.m., in 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 to certify that the attached correspondence was mailed to the following on August 29, 1990 frr�the Department of Planning and �velopment, Frederick County, Virginia: G. W. Clifford & Associates 4 ! " Attn : Tom Price P.O. Box 2104 t•d'I'1'ef"t II'":''t'1"! :It Vr•'a Winchester, Va. 22601 Ferman W. & Kathryn M. Perry Route 6, Box 152-A Winchester, Va. 22601 C7C)C}A '+fn' t?s?:=iL)LyC)(•1L7Cy{7L7LyL>C7L)C7C7<}5.t)::?, twit:?lJi..,17EN4 , NAN l,la:hii;a•ifi:#:i'T'I::;I�i . br�i., .:}()L7L7t1L;�C1<;�C)C7G{)L)<7{}L7:t.:;ii;• ROUTE: 6 Y?a:1a 1.:1.51,*:: lit 6J:f.hlt':rl••llii::ii•Y'i.i:f{, 1f61.. r:,•�{?+;){)r•�:{}UL7C){)L){)C)L}L)C>:t. ;�'�<:j, t:;•L..F'i:l: t:lii:. i;:liia:Yl�t:•;I:i: W. .. R VA STATE OF VIRGINIA COUNTY OF FREDERICK 1, Debi D. Swimley .. .. .... 21, Ca i.... i•`�h!"f'!^ICYi lY', Ki- t•:I N: 1'3„ ?.•< 1 C7�}tl ;f2 Y 6d:I:i!C:;I•li;::;i;"{`I:::i2, iJr.) - � � /' 1�'�4 Ro ert W. Watkins, Director Frederick County Dept. of Planning a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated August 29, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 29th day of August My commission expires on September 30, 1993 L'"- . , NOTARY PUBLIC 1990 G EE"OLNWO p0Greenwood V o ZunL-er Fire FIRE DEPARTMENT P. O. Box 3023 Winchester, Virginia 22.601 July 13, 1990 Mr. Robert Watkins Planning Director Frederick County, Virginia Dear Mr. Watkins: Company The Greenwood Volunteer Fire & Rescue Co would like to offer the following proffer for th REP911IRMUFvelopment being rezoned on Route 50 East. It being very hard to visualize the impact Business and Industry would have on Fire & Rescue services, until they are in place we can only look at a past experience and estimate. Therefore we would like to offer .10G per square foot donation at the beginning payable to Greenwood Volunteer Fire Company and a .04C per square foot donated annually thereafter. This part would be paid to the Treasurer of Frederick County, Virginia, to be drawn by Greenwood Volunteer Fire Company for equipment needs until which time another Volunteer Company were to organize in the Route 50 East coordor at which time they would have access to these funds. Thank you for your consideration to this matter. Sincerely, Wanda Cunningham,Secretary Greenwood Volunteer Fire & Rescue Co., In Board of Directors JUL i Lrjt Az, EENWOO� �R Gremwood Volunteer Fire FIRE DEPARTMENT �� P. O. Box 3023 WindLester, Virginia 22601 FREpE4jC� �P cc Company July 31, 1990 The Greenwood Volunteer Fire Company has a great interest in the growth of Business and Industry in our protection district. We are ever aware of the mutual need we have for each other. We have worked very close with many of our established Business Groups to assist them with their fire safety programs and safety programs. We do not separate our calls in categories such as business establish- ment or light industrial calls, and time did not permit us to hand sort each report to give you a projected impact figure. We chose one Indus- try Business to give you input on calls made to such establishments. We chose a new modern facility in our district. In 1989 Greenwood ans- wered calls on January 11, 19 and 24; Feb. 2; March 17; April 18, 20 and 22; May 8 and 28; and on Aug. 9 to the Winchester Fredrick Co. Waste Water Treatment Facility. This came to a total of eleven calls during the year. At a cost of $223.00 per call this facility cost us $2,453.00. We had other business which required our service more and others with less. Business and Industry are very hard to project emergency service impact without such information such as building height, fire, load, etc. which could require a very flexible amount of service. Therefore the only fair and reasonable donation calculation would be based on square feet of floor space, .10( per square foot in the beginning and .04c per square foot each year thereafter should provide protection costs to cover this range. Board of Directors Greenwood Vol. Fire & Rescue r PROFFER PERRY PROPERTY REZONING REQUEST CASE NO. I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number _, referred to as the Perry property 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 the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to the property to be developed will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at a point opposite the existing entrance to Westview Business Center. Upon rezoning approval and upon development, the owner will transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70') fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the deceleration lane and entrance shown on said Generalized Development Plan on the northeast side of Route 50 at the entrance of the road to be constructed. 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. 5. A two lane road section for acceptance by VDOT from B to C shown on the generalized development plan will be constructed by the owner of the land in question. This construction will be at the expense of the applicant/property owner. The said road correction from B to C will be constructed in associationwith any subdivision or site plan development within the development phase containing said road correction as shown on the approved master development plan. 6. Normal usage electrical and telephone systems required within the development area for service to the individual uses, will be placed underground. The development area is the area bounded by the limits of this proposed rezoning and adjacent rights -of -way. 7. The applicant desires to donate $5,000.00 in cash, at the time of issuance of the first grading permit, to the Greenwood Fire Company in order to provide for the expanded commercial zoning fire needs. JUL 29,1920 PROFFER PERRY PROPERTY REZONING REQUEST CASE NO. I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number , referred to as the Perry property 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 the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to the property to be developed will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at a point opposite the existing entrance to Westview Business Center. Upon rezoning approval and upon development, the owner will transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70') fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the deceleration lane and entrance shown on said Generalized Development Plan on the northeast side of Route 50 at the entrance of the road to be constructed. 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. 5. A two lane road section for acceptance by VDOT from B to C shown on the generalized development plan will be constructed by the owner of the land in question. This construction will be at the expense of the applicant/property owner. The said road correction from B to C will be constructed in associationwith any subdivision or site plan development within the development phase containing said road correction as shown on the approved master development plan. 6. Normal usage electrical and telephone systems required within the development area for service to the individual uses, will be placed underground. The development area is the area bounded by the limits of this proposed rezoning and adjacent rights -of -way. 7. The applicant desires to donate $5,000.00 in cash, at the time of issuance of the first grading permit, to the Greenwood Fire Company in order to provide for the expanded commercial zoning fire needs. MCKEE AND BUTLER ATTORNEYS AT LAW Il SOUTH CAMERON STREET P. O. DRAWER 2097 WINCHESTER, VLROLNIA 22601 -1297 PETER H. McKEE r1974 1067, BENJAMIN M. BUTLER STEPITEN G. BUTLER MICHAEL L. BRYAN June 2q , 19 9 0 John C. Riley, Jr., County Administrator 9 Court Square Winchester, Virginia 22601 Re: My File No. 2339(1) Westview Business Centre Dear John: -7-C AREA CODE 703 TELEPHONE 662-3486 FAX 703-722-3787 PLEASE REPLY TO: P. O. DRAWER 2097 It is my understanding that Perry Engineering is applying for rezoning on the property opposite the Westview Business Centre. There are two requests of the developer, George W. Glaize, Jr., which are as follows: (1) There should be a proffer from Perry Engineering that in the event the development which it plans at the location generates traffic and/or an accident experience rate that requires the Virginia Department of Transportation to place a traffic light at the location, then Perry Engineering should share proportionate with any other landowners/developers who contribute to the traffic or accident rate. (2) In the event that Perry Engineering places its utilities underground, then Glaize would cause the electric lines to be placed underground up to the intersection of Victory Lane. The benefit to the County would be that it would provide electric lines to be underground for businesses along Route 50 starting with these two business locations. It is something that the County could then bear in mind in future years as development evolves along the Route 50 corridor making a much more presentable entrance to the County on that Route. John C. Riley, Jr., County Administrator June 29, 1990 Page Two Thank you for your consideration in this matter. Very truly yours, McKEE and BUTLER BE JAMIN M. BUTLER BMB:dhc cc: Mr. George W. Glaize, Jr. G�EENOL • FIRE DEPARTMENT Greenwood Votunfer .Fire Company P. O. Box 3023 Winchester, Virginia 226,01 July 13, 1990 Mr. Robert Watkins Planning Director Frederick County, Virginia Dear Mr. Watkins: The Greenwood Volunteer Fire & Rescue Company would like to offer the following proffer for the _M pptir1 Development being rezoned on Route 50 East. It being very hard to visualize the impact Business and Industry would have on Fire & Rescue services, until they are in place we can only look at a past experience and estimate. Therefore we would like to offer .10� per square foot donation at the beginning payable to Greenwood Volunteer Fire Company and a .04C per square foot donated annually thereafter. This part would be paid to the Treasurer of Frederick County, Virginia, to be drawn by Greenwood Volunteer Fire Company for equipment needs until which time another Volunteer Company were to organize in the Route 50 East coordor at which time they would have access to these funds. Thank you for your consideration to this matter. Sincerely, Wanda Cunningham,Secretary Greenwood Volunteer Fire & Rescue Co., In Board of Directors ��Y • � RD<a,9� 7 2- PROFFER PERRY PROPERTY REZONING REQUEST CASE NO. I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number , referred to as the Perry property 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 the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to the property to be developed will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at a point opposite the existing entrance to Westview Business Center. Upon rezoning approval and upon development, the owner will transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70') fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the deceleration lane and entrance 0 shown on said plat on the northeast side of Route 50 at the entrance of the road to be constructed. 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. 5) The developer across Route 50 from this site has been required by the Highway Department to install a stop light when traffic at the project intersection requires the light. The applicant proffers to enter the subject negotiations at the time the Highway Department requires design of the lighting system in order to allow a full four way stop light system to be installed. 6) The road section from B to C shown on the generalized development plan will be constructed when a need is established. This construction will be at the sole expense of the applicant, property owner. For the purposes of this proffer, need is established to mean that a roadway is constructed from the Sulfur Springs Road corridor to the property line, thus allowing continuation of the road as a through street. 7) Electrical and telephone systems required within the development area, required for service to the individual uses, will be placed under ground. The development area is the area bounded by the limits of this proposed rezoning and adjacent rights -of -way. Although the applicant may elect to place additional utilities underground, which are outside of the development area, such are not proffered by this action. 8) The applicant desires to donate $5,000 in cash, within 12 months of the date of this rezoning to the Greenwood Fire Company in order to provide for adequate fire protection for this expanded commercial zoning. • • �ecd 5/: 4)910 PROFFER PERRY PROPERTY REZONING REQUEST CASE NO. I, the undersigned, KATHRYN M. PERRY, sole owner of the land to be rezoned under zoning request number , referred to as the Perry property 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 the undersigned. In the event the Frederick County Board of Supervisors grants said rezoning to B-2 and accepts these conditions, the following proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code: 1. As shown on the attached plat, access to the property to be developed will be by a 4 lane divided road entering Route 50 from the north side of Route 50 at a point opposite the existing entrance to Westview Business Center. Upon rezoning approval and upon development, the owner will transfer to the Virginia Department of Highways or to the County of Frederick, as designated by the County of Frederick, by deed in such form as directed, the seventy foot (70') fee simple as shown on said plat as running from Route 50 to the lands of Donald W. and Melvina M. Moulden. 2. The undersigned will cause to be built, upon development of the rezoned property, the highway as shown on the Generalized Development Plan from points A to B. 3. The undersigned will construct concurrently with the construction described in the preceding paragraph the deceleration lane and entrance shown on said plat on the northeast side of Route 50 at the entrance of the road to be constructed. 4. All construction in as provided in Paragraphs 2 and 3, above shall be at no cost to the County of Frederick and State of Virginia, and shall be contingent upon rezoning approval. KATRRYN M. PERRY 0 COUNTY 09 FFiE'DERICK 9 COURT SQUARE P 0 Box 601 WINCHESTER VIRGINIA 22601 David C. & Carol Ann Robinson P.O. Box 3793 Winchester, Va. 22601 2a6013039 17S9 071-4VI30 FURWARWNG TIME EXPIRED w POSINSON 727-21 FERN -VALLEY CIR TENSVILL2 NO 212tS REVAN TO SENDER • COUNTY of FREDERICK Department of Planning and Development 703; 665-5651 FAX 703 i 667-0370 July 25, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application Of: Kathrvn M. Perry Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386 acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres from M-1 (Light Industrial) to B-2 (Business, General). The proposed use is retail and/or office/commercial. This property is located approximately 2.5 miles southeast of Winchester on Route 50 across from Westview Business Center in the Shawnee Magisterial District and is identified as parcel 116 on tax map 65. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of August 8, 1990 at 7:15 p.m., in 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 • 0 COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703/667-0370 July 25, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application Of: Kathryn M. Perry Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386 acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres from M-1 (Light Industrial) to B-2 (Business, General). The proposed use is retail and/or office/commercial. This property is located approximately 2.5 miles southeast of Winchester on Route 50 across from Westview Business Center in the Shawnee Magisterial District and is identified as parcel 116 on tax map 65. This rezoning request will be considered by the Frederick County Board of Supervisors at their meeting of August 8, 1990 at 7:15 p.m., in 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 to certify that the attached correspondence was mailed to the following on July 25, 199p fr the Department of Planning and�velopment, Frederick Countv. Virginia: G. W. Clifford & Associates Attn: Mr. Tom Price P.O. Box 2104 Winchester, Va. 22601 Ferman W. & Kathryn M..Perry Rt. 6, Box 152-A Winchester, Va. 22601 David C. & Carol Ann Robinson P.O. Box 3793 Winchester, Va. 22601 FssCaS7t?s747S)t7QOt?QC)t?OQ 1. C),:1� C— RT- <6 Xitt:)X ': 2 Wa:Nt:;l ll: :R, Vn. rit7(JI...XN' N, X)C)Nrll...D IAJ,. 9'32 (ll..,i...E N DRIVE. VA.. :: 2 <5 C} :i..... STATE OF VIRGINIA COUNTY OF FREDERICK W:I:VF1., {)11..... Fs•{?{)C)0fh000 t.Yl...A.I.ZIE, (.Yi::.t.)I. Ct u:. W.. .JR.. VA VAS cfr.`.'i{)C>C}(..yC)C)C}{)C)C)C)C7{}C)C)1.9.::>• ANTI••IONY, ll:I:NIt:a iiii:Sii"r'l a VA,. 4JI? / - - Robert W. Watkins, Director Frederick County Dept. of Planning I, Debi D. Swimley , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated JUly 25, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 25 My commission expires on day of July September 30, 1993 NOTARY PUBLIC 1990. 1-1 1] COUNTY of FREDERICK IDepartment of Planning and Development 703/665-5651 FAX 703 / 667-0370 July 3, 1990 TO THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) The Application Of: Kathryn M. Perry Rezoning Application #006-90 of Kathryn M. Perry to rezone 56.386 acres from RA (Rural Areas) to B-2 (Business, General), 2.251 acres from RA (Rural Areas) to M-1 (Light Industrial) and 1.489 acres from M-1 (Light Industrial) to B-2 (Business, General). The proposed use is retail and/or office/commercial. This property is located approximately 2.5 miles southeast of Winchester on Route 50 across from Westview Business Center in the Shawnee Magisterial District and is identified as parcel 116 on tax map 65. This rezoning request will be considered by the Frederick County Planning Commission at their meeting of July 18, 1990 at 7:30 p.m., in 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 E41 This is to certify tr•t the attached correspondence wa; mailed to the following on July 3, 1990 frhe Department of Planning and *elopment, Frederick County, Virginia: RC)]:::i:N;:ii71\l, DAVID G. W:I:N(:;I••Il:::;: TE::R, VA. MOU1...X)I:::N X)t:)Nr•11...1:) W r 115R ., 9"'51'! 011...1...1":N X)R I:VI:r. 21, d, �'s•C?C}C),:y{}{>C)C)C)C)C)C)C)C)C) :i.:`:i.:). 1;:'1:::RRy 1"'I031:1H,1:0 1:E:S Xit f.:':it?, I:VL..ft:C:%lii:, t:{Eiaa>a:rEi; W JR P'1...6li E.* c�a•{4C)C)C>r' �CiC)C)C)i7UC)<)C)<)C) :i.',:'i'i�t 0';3t.11...I...TVr•N i:;t:)RI:;'. l+�t:I:P�IC.:i••f15:::i'Y't:i:f::, �I(y,. +' INTI••IONY, K61T I E: X:< 64 VA- STATE OF VIRGINIA COUNTY OF FREDERICK G.W. Clifford & Associates Attn: Mr. Charles E. Maddox, Jr. P.O. Box 2104 Winchester, Va. 22601 Ferman W. & Kathryn M. Perry Route 6, Box 152-A Winchester, Va. 22601 David C. and Carol Ann Robinson P.O. Box 3793 Winchester, Va. 22601 i7 Robert W. Watkins, Director Frederick County Dept. of Planning 1, Renee' S. Arlotta , a Notary Public in and for the state and county aforesaid, do hereby certify that Robert W. Watkins, Director for the Department of Planning and Development, whose name is signed to the foregoing, dated July 3, 1990 , has personally appeared before me and acknowledged the same in my state and county foresaid. Given under my hand this 3rd day of July 1990 , My commission expires on March 23, 1991 L I 7L�,Cf 1990 rL: LLLG�l i REQUEST FOR REZONING COMMENTS Frederick County Sanitation Authority ATTN: Wellington Jones, Engineer/Director P.O. Box 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: Ferman W. & Kathryn M. Perry Rt. 6,Box l 2-A Winchester. Va 22601 (703) 667-4310 Aaent: G.W. Clifford & Associates, Inc. 200 N. Cameron St. Winchester. Va 22601 Attn: Tom Price (703)667-2139 Name of development and/or description of the request: Perry Property Rezonina Location: Approx. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to Winchester Building Supply site and across Rte. 50 from Westview Business Center, Sanitation Authority Comments: The nearest sanitary sewer is approximately 350 feet from the entrance of the proposed business park. If the tract is serviced through this route, the existing pump stations would have to be evaluated for needed upgrading. A twelve -inch water line is located about 350 feet from the proposed entrance to this property. There is adequate water and sewer se .ce va' a le at t ik tigie. Sanit . Signature & Date: e410A /7 Qd (NOTICE TO SANITATION LEASE RETURN THIS FORM TO AGENT.) 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, impact analysis, location map and all other pertinent information. 4/12/90 0 # I REQUEST FOR REZONING COMMENTS Virginia Department of Transportation ATTN: William H. Bushman, Resident Engineer P.O. Box 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: Ferman W. & Kathryn M. Perry Rt. 6,Box 152-A Winchester, Va 22601 (703) 667-4310 Aaent: G.W. Clifford & Associates, Inc. 200 N. Cameron St. Winchester, Va 22601 Attn: Tom Price (703)667-2139 Name of development and/or description of the request: Perry Property Rezoning Location: Aipprox. 2.5 miles southeast of Winchester on Rte. 50, Adjacent to Winchester Building Supply site and across Rte. 50 from Westview Business Center, Transportation Department Comments: No objection to rezoning of this property. Before development, this office will require a complete set of construction plans detailing entrance design, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, 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. VDOT Signature and Date: (NOTICE TO VDOT - PLEASE RETURN THIS FORM TO THE AGENT.) 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, impact analysis, location map and all other pertinent information. 4/12/90 iJ CQ� 1 vJ� RECEIVED APR 1 2 199a REOUEST 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: Ferman W. & Kathryn M. Perry Rt. 6,Box 152-A Winchester, Va 22601 (703) 667-4310 Aaent: G.W. Clifford & Associates, Inc. 200 N. Cameron St. Winchester, Va 22601 Attn: Tom Price (703)667-2139 Name of development and/or description of the request: Perry Property Rezoning Location: Approx. 2.5 miles southeast of Winchester on Rte. 50, Adjacent to Winchester Building Supply site and across Rte. 50 from Westview Business Center. ity of—Winc�e to/r Convents : cu/ oV, t ]G' °� ��ns��vc of �a•rQ �lcn rli�I �15 �� «• c . /�/�'' / ? see - de l s /, Od seq. � �✓ � FAQ �� G, j 3 ���!'� Ze•�,n c , %ti "< <-y1« s � se fker �1 i s.� 5Psis ott��e /�jCi)G�riJM� �S 5e. /p C 4 U✓ / sus ozc f v� less � / ���,- r � -�q � � `�1„��1� �e l► �Pr ru er f n cv�+�erc,� f vises �„al u,;�� xt 14 � �e rP't fl ^City Signature and Dat J3 (NOTICE TO CITY - PLEASE RET RN TMa-5--F0'VM TO THE AGE T. 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, impact analysis, location map and all other pertinent information. 4/ 12 0 S y/ / ra�� rvice a5l �µ, �t1 e e / I / 5e "s e is k p, Cans 1r�� s,,i o� locu s d / ,� /3-z Z��-• 0 Environmental Fr Planning Impacts for Perry Property J `J March 1990 M- Introduction The firm of Gilbert W. Clifford Ossociates, Inc. has been commissioned to evaluate the above referenced project in li t of several major planning issues, as outlined and required by the Frederick Coun Board of Supervisors. This document is prepared in support of ja d-1R- pfopar - n to rezone the property from present Agricultural Performance (_ RA) to General Business (B-2):'� 1) Traffic Impacts �t`y n2 ��0-440 . Utilizing a I of 339/� the estimated leaseable floor area is 850,000 sq. ft. A is amount of retail floor space,- 11,000 trips to the site per weekday would be created. Many of these trips already exist on Route 50, so increased traffic loading on adjacent street will be significantly less than the 11,000 figure. The site is ideally suited for access at the intersection of I[nde�%endence Drive and U.S. Route 50. A„�„, 'U 2. Sewage Conveyance and Treatment Impacts: or 3�, p The sewage from this project will flow by gravity to a pump station to be located somewhere in the northeastern end of the site. The sewage would then be pumped either to the Route 50 Master Lift Station, or to the pump station serving the Westview Business Center south of U.S. Route 50. The Westview Station pumps eventually to the Master Lift Station. From Route 50 the sewage is pumped to the Opeqoun Regional Facility. A decision on the destination of sewage from this site will be made in master development phases. Flows generated from this complex are estimated by the State Health Department at 170,000 (200gpd/1000SF) gallons per day, with an instantaneous flow at peak of 300 gallons per minute. In some cases, existing facilities would need upgrading to ensure their capability to handle this additional flow, the regional sewer plant does however have existing capability to treat and discharge this flow in satisfactory manor. 3. Water Supply Imp: 7 This project would connect to the existing 12" water supply system located in Westview Business Center. There are no known limitations in the water system which would preclude the use of the property as shown. The prof t will utilize the same amount of water as projected in sewage flow or 170,000 gallons per d Lie 4. Education Cost: S�o r D►rec}�' #his project will generate no school children and therefore have no effect on educational cost in Frederick County. It will generate tax revenues with a net worth of approximately $60.00 per square foot or a tax base of $51,000,000.00 which totals at a tax rate of $.60 per $100.00, approximately $306,000 per year of tax revenue. This would be without the need for expenditures other than Sheriff protection. 0 0 1 5. Parks and Recreation Cost: This project would result in no impact on Parks and Recreation budget. 6. Drainage Facility Impacts: The development of commercial in lieu of agricultural will increase run off in small amounts over that which would be created in residential use. It is recommended that either suitable green space be allowed to reduce run off amounts or that the increased run off would be reduced prior to discharge from the site. In lieu of the above, additional storm water detention calculations should be presented with final design which would show no adverse impacts created by the imposition of this increase storm water on the existing downstream water course. If required storm water detention structures will be designed to limit post - development flows to pre -development levels in accordance with state regulations. 7. Emergency Services Cost: Sheriff protection will be required by this facility. Routine patrols of the Business Park areas should suffice for the majority of time and materials necessary to cover this facility also. Special patrols and activities may include a total of 4 hours per week. Special coverage at $50.00 per hour would involve approximately $104,000.00 per year. There s1ould ben other impf cts on emergency services. a s -� {►ere_ �,(P P� be c� rF e , 8. Solid Waste Cost: n f Solid waste will be exported by contract hauler at no cost to the Frederick County Landfill. 9. Environmental Impacts: There will be certain minor negative impacts due to the construction activity including run off sediment, noise and traffic movements. These are to be minimized by proper compliance with local and state laws for environmental protection. A minor increase in run off quantity and a decrease in quality is probable from this development. The effects on the down -stream impoundment and stream are minimal and in accordance with local and state regulations. There is no known loss of irretrievable resources involved with this project. There are no known endangered species of fauna, flora or wildlife which will be effected by this project. Ground water and air quality should be unaffected. A minor impact of a negative nature is associated with lighting for security and business use. These should be closely controlled during planning stage to minimize the adverse impacts on adjacent residential structures and impacts on the traveling public. 10. Other Fiscal Impacts: Mentioned above is the positive impact on the County financial picture. No other imppacts were noted. /` !�`� &J CansJJG1/4 -, isitty �,•,. �Cr ov! b2 nofe� / � 11. Historic Impacts: This project will not involve the loss of any historic sites or artifacts that are known. The area has been significantly developed on all sides and no such findings of historic importance has been identified. Charles E. Maddox, Jr., P.E., V. P. G. W. Clifford & Associates, Inc. Consulting Engineer CEM/klf 0 0 1 - REQUEST FOR REZONING COMMENTS Frederick County Parks & Recreation Department ATTN: James Doran, Director P.O. Box 601, Winchester, Virginia 22601 (703) 665-5678 The Frederick County Parks & Recreation Department is located on the second floor of the Frederick County Administration Building, 9 Court Square, Winchester, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Ferman W. & Kathryn M. Perry Rt. 6.Box 152-A Winchester. Va 22601 (703) 667-4310 Agent: G.W. Clifford & Associates, Inc. 200 N. Cameron St. Winchester. Va 22601 Attn: Tom Price (703)667-2139 Name of development and/or description of the request: Perry Property Rezoning Location: Approx. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to Winchester Building Supply site and across Rte. 50 from Westview Business Center. Parks & Recreation Department Comments: Parks Signature and Date: � � v��J r, y iG ju FORM TO THE AGENT.) (NOTICE TO PARKS - PLEASE TURN THIS 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, impact analysis, location map and all other pertinent information. 4/12/90 y_� REOUEST FOR REZONING COMMENTS Frederick -Winchester Health Department ATTN: Herbert L. Sluder, Sanitation Engineer P.O. Box 2056, Winchester, Virginia 22601 (703) 667-9747 The Frederick -Winchester Health Department is located at the intersection of Smithfield Avenue and Brick Kiln Road, if you prefer to hand deliver this review form. Applicant's name, address and phone number: Ferman W. & Kathryn M. Perry Rt. 6,Box 152-A Winchester, Va 22601 (703) 667-4310 Agent: G.W. Clifford & Associates, Inc. 200 N. Cameron St. Winchester, Va 22601 Attn: Tom Price (703)667-2139 Name of development and/or description of the request: Perry Property Rezoning Location: Approx. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to Winchester Building Supply site and across Rte. 50 from Westview Business Center, Health Department Comments: 1 0-1? �1 c./J � � V Health Signature and Date: Qom,, Z . --1 (NOTICE TO HEALTH DEPT. - PLEASE RETURN THIS FORM TO AGENT.) 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, impact analysis, location map and all other pertinent information. 4/12/90 0 0 REQUEST FOR REZONING COMMENTS Frederick County Inspections Department ATTN: Kenneth L. Coffelt, Director P.O. Box 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: Ferman W. & Kathryn M. Perry Rt. 6,Box 152-A Winchester, Va 22601 (703) 667-4310 Agent: G.W. Clifford & Associates, Inc. 200 N. Cameron St. Winchester, Va 22601 Attn: Tom Price (703)667-2139 Name of development and/or description of the request: Perry Property Rezoning Location: A-=rox. 2.5 miles southeast of Winchester on Rte. 50. Adjacent to Winchester Buildina Supply site and across Rte. 50 from Westview Business Center. Inspections Department Comments: Shall comment on Building Use Group at the time of structural plans review. Inspect. Signature & Date: (NOTICE TO INSPECTIONS - P ASE TURN THIS O AGENT.) 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, impact analysis, location map and all other pertinent information. 4/12/90 . .'90`IS900000.1' 025E @aSSSSb002 29 :i4951041SO:' 868TZ L68TZ 96ETZ S,# la)tolj, IWZ� ^1 'iauay,w y ' NOIINNIWOQ N a OOT 90 Pu v i o a------------------ - E -90�'7S9J$ �az�apall jo luno0 .zalnseall 3 iOl d >s ZZ _ �_ =ii3.LSINONIM i 0 Z 5 E 68 'f,tc 6ZJ �aC�lllaAON 3AIHCI 3NaOH1MVH 99t r Add3d W NAdH1V) IC) 1 r e5r b Q L76 � NT i Y rl; Cir) N + c R�Q CO J r rn rt+, i I � O a O i O a I o � S4 0 N I 0 r ryg u aD Ln (ul a) L ' w L I c �UJ�qj,� o UJ N a � R .! !� U, Z > a: x ru �o m a }W < � •_� w� J z_ � (a (1) k Lo Y 3 b a > MZ u1 ra y4 E H OZ of °° In O O O O iO w � Ya^ e s and hoe c ;ant5 - 4ationa; Ba.iK < 'Piches'.er, VA gym. :-►0514fl13A9-- i � m R. ; Ik "141399- `WrorswwMe,chara N2*91 L,�k Wiroest., VA -4514#1389- L6 •I --.._..-- --- - --- cr :s ANUNKSON. LA R RICK l4 LAIIRICK Ai"f1iNNMTN AT I.AM N 1wt IINNTRO, VINYINIA )ICE: �1C )ti )IC )IC�1C )� �1f �ti �1C )If �1C �1f )IC )•C �1C �1C �1C iC �1C �1C )IC,•C )If #125 JAMES B. MARBERT, ET ALS• ,If TO: DEED FERMAN W. PERRY, ET UX C 61(609PG164 THIS DEED made and dated this C day of January, 1986, between JMJES B. b1ARBERT and LOIS C. MARBERT, his wife; WALTER E. CARPER and JACQUELINE L. CARPER, his wife; and, CHESTER F. MARUSZEWSKI and JEANIE C. MARUSZEIVSKI, his wife, of the one part, hereinafter called the Grantors; and, FERMAN W. PERRY and KATHRYN tit. PERRY, his wife, of the other part, herein- after called the Grantees. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars and other valuable consideration, receipt whereof is hereby acknowledged, the Grantors do hereby grant and convey with General Warranty and English covenants of title, unto the Grantees, in fee simple, jointly, as tenants -by the entirety with right of survivorship as at common law, all those certain parcels of land, together with the rights, rights of way and appurtenances thereunto belonging, lying and being situate in Shawnee District, Frederick County, Virginia, designated as PARCEL A, containing 58.637 Acres and PARCEL B, containing 11.843 Acres on the plat of "James B. DIarbert, et als Land" prepared by Greenway Engineering and Survey Company, Inc., Winchester, Virginia, dated November 12, 1985, attached hereto and as a part hereof, to which reference is made for a more particular description. This is the same land in which the Grantors acquired an interest by Deed dated December 1, 1980, of record in the Clerk's Office of the Circuit Court of Frederick I 1 •' II � • 1 165 ! 1\Nu61Ul0N. LARRICB Ii L.%nnicit ^"URNXTN AT &wW ..II.c NMSTUIL VINOIM{A eK609PG165 County, Virginia, in Deed Book 543, Page 276 and by Deed dated January 1, 1981, of record in said Clerk's Office, in Deed Book IGOc1 , Page JU J_, to which reference is made for a description and further derivation of title for the property herein conveyed, which two parcels now total 70.480 Acres. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. WITNESS the following signatures and seals: %V (SEAL) — awes b. ert- ,l/) •� D �Jl.� (SEAL) ois Marbert (SL'AL) Walter E. Car er 1 II,, (SEAL) acq a ine l,a L per SEAL) *Cesqterr arusz vs i �.#" V "'-kU kx&Z � ( S EA ) Jeanie C. Ma-ruszewYki STATE OF VIRGINI , AT ARGE, City/County of M, to -wit: The foregoing instrument was acknowledged before me t 2• - 1 I h E Q — 2593" ,U /4'aB 46'N-ZZ 90' 92 57' Z o � w� o �p i� 1 O V �.4.PCEL .4 moo. 56. �37 AC.PES soQo � 99, 4 E� A \ moo 1 L z6Q 5 5�0 3 LO E� v 335 Mate 5a¢ � D �A�jD \ � 5D� c ` \ QD61IJ OL .4T GF cIA.LJES B. iYIA,QBE,PT ET, A4 S. L,4MO Al= C`'`'"" - S.�/�4/Y�f/EE D/ST,P/CT� F,PEDE,P/C� COU.t/T� r i P.PEOq,PEO BY � GPEE.Uif',4J' F�!/G/rUEEP/.UG .4.U0 SU.PYEI'/.(/G CO.� /.GC. l!'/�l/C/1ESTEP, ll/AF6/.U114 9 0 The accompanying plat represents a survey of the land conveyed to James B. Marbert Et. Als. by deed dated December 1,1980 and recorded in the Frederick County Court Clerk's Office in Deed Book 543, Page 276. The said land lies on both sides of U.S. Route 50 about 24 miles East of Winchester in Shawnee District, Frederick County, "Virginia and is bounded as follows: Parcel A Beginning at an iron pin set corner to Katie B. Anthoney and in the Eastern Right -of -Way of U.S. Route 50; thence with said Right -of -Way of U.S. Route 50 for the four following courses; N 20054'46" W - 25.93' to a V.D.H. Monument; thence N 15°14'16" W - 743.02' to a V.D.H. Monument; thence N 14048'46" W - 223.90' to a V.D.H. Monument; thence N 28°46'17" W - 292.57' to an iron Din set in said Right -of -Way and a corner to Ferman W. Perry; thence with said Perry land for the two following courses; N 44011'51" E - 503.69' to an iron pin set; thence N 44°17'51" E - 947.70' to an iron pin found corner to said Perry land and in a line of Donald W. Moulden Sr. land; thence with said Moulden land S 51°37'04" E - 1086.99' to an iron pin set corner Moulden, Robinson and Katie B. Anthoney; thence with said Anthoney for the two following courses; S 04°59'11" W - 902.64' to an iron pin set; thence S 63°51'23" W - 1541.71' to the beginning. Containing . . . . . . . 58.637 acres Surveyed . . . . . . . . November 12,1985 Prepared By Greenway Engineering & Surveying Co. Inc. Winchester, Virginia oJH,r;t 54-17-3 (8'l9S5 54.17.3 (b)162 _-�t 0 • 0 i Parcel B Beginning at an iron pin in the Western Right -of -Way of U.S. Route 50 and corner to Wilber Honesty; thence with said Honesty S 63°51'23" W - 317.44' to a corner post in a line of Honesty land and corner to Garber land; thence with said Garber land N 14°53'29" W - 2381.38' to an iron pin set corner to Garber land and in the Western Right -of -Way of U.S. Route 50; thence with said Right -of -Way of U.S. Route 50 for the four following courses; S 28°19'10" E - 1011.77' to a V.D.H. Monument; thence S 19051'14" E - 426.50' to a V.U.H. Monument; thence S 30°02'11" E 174.98' to an iron pin set; thence S 14124137" E - 741.55' to the beginning. Containing . . . . . . . 11.843 acres Surveyed . . . . . . . November 12,1985 Prepared By Greenway Engineering & Surveying Co., Inc. Winchester, Virginia �`�f,AL1N USG o !i. BRUtE [I a, CERTiFiCATE No. Ot-• 54.17.3 (00-5 ' 54.17-3 (b)162 c fU LANot) �� • 201 LAitorcNT. ANDicnuox. .ARRICIC & Gnovlo A TOXNNT• AT LAW ♦IMCNZ6rZ t. VAGINA #4194 ` FERMAN W. PERRY, ET UX TO: .. DEED OF ASSUMPTION PERRY PROPERTIES THIS DEED OF ASSUMPTION made and dated this �� a�day of December, 1976, by and between Ferran W. Perry and Kathryn M. Perry, his wife, parties of the first part, hereinafter called the Grantors, "Perry Properties", a Virginia Limited Partnership, party of the second part, hereinafter called the Grantee, and The Commercial and Savings Bank, party of the third part. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt whereof is hereby acknowledged, and in further consideration of the assumption by the Grantee of a certain lien indebtedness as will be hereinafter more fully set forth, the Grantors do hereby grant and convey, with general warranty and English covenants of title, unto the Grantee, in fee simple, all of the following two tracts or parcels of real estate, together with the improvements thereon and -all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the East side of U. S.,Highway No. 50, about three miles Southeast of the City of Winchester, in Shawnee Magisterial District, Frederick County, Virginia, more particularly described as follows: PARCEL ONE: All of that certain tract or parcel of land originally containing 39.65 Acres, more or less, being; more particularly described by metes and bounds in a plat and survey prepared by Richard U. Goode, Certified Land Surveyor, dated July 2, 1964, as follows: BEGI114ING at (1) an iron peg at the Southeast corner of the land of Clark; thence with Clark N 52 deg;. 42 min. W 291.1 feet to (2) a White Oak tree in Bailey's line; thence with Bailey N 35 deg. 50 min. E 536.7 feet to (3) a Red Oak Tree in Bailey's line and corner to the land of Frederick County, Virginia; thence with said land for the following 9 courses S 56 deg. 38 min. E 125.0 feet to (4) a Hickory tree; thence S 26 deg. 50 min. W 294.9 feet to (5) an iroti pep; by a fence post, thence S 26 deb;. 11 min. E 146.7 feet to (6) a nail in a fence post; thence S 53 deg. 21 min. E 205.4 feet to (7) a blazed locust tree; thence S 75 deg. 19 min. E 58.2 feet to (8) an iron peg; thence N 81 deg;. 59 min. E 27.6 feet to (9) an iron peg; thence N 58 deg;. 57 min. E 72.3 feet to (10) an iron peg; thence N 72 deg;. 56 min. E 33.1 feet to (11) an iron peg; thence N d3 deg. 54 min. E 99.1 feet to (12) a post a corner to the land of Frederick County, Virginia, in the West line of the land of Rowles; thence with Rowles for the following;'2 courses S 18 deg!. 42 min. W 420.b feet to (13) a blazed tree; thence S 52 deg. 17 min. E 1097.4 feet to (14) an iron peg by a post in a fence corner, a corner to Carper in the South line of the land of Rowles; thence.with Carper for the following I.A.MDrtNT. ANDLM60N. I.wnrtzcx A aROVE6 �TTOU"T1 .T LAW Mnc*araa. VnannA -> 1'-i J� f�rJE iiVN .... 'two courses S 43'deg. 16 min. W 947.7 feet to (15) a post; thence 43 deg. 10 min. W 531•1 feet to (16) an iron peg in the center of an old abandoned road; thence N. 30 deg. 09 min. W 404.9 feet to (17) an iron peg in the Fast line of-U. S. Highway No. 50; thence with U.S. Highway No. 50, with a curve to the left the chord bearing and distance being N 28 deg. 08 min. W 127.1 feet to (18) a concrete highway marker; thence with the East line of U.S. Highway No. 50 IN 29 deg. 33 min. W 478.0 feet to (19) an iron peg a corner to Ferman W. Perry's 8.86 Acre Tract; thence with said tract for the following 2 courses N 60 deg. 27 min. E 500.0 feet to (20) thence N 29 deg. 33 min. W. 884.0 feet to (21) the point of intersection of the East line of the 8.86 Acre Tract extended with the South line of the land of Clark; thence with Clark N 49 deg. 10 min. E 284.2 feet to the point of beginning, containing 39.65 Acres, more or less, IESS and EXCEPTING from the above described 39.65 Acres, more or less, are two conveyances, one by deed dated October 28, 1968, to the County of Frederick, a conveyance of 5.45b Acres of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 349, Page 16, and a conveyance to the Commonwealth of Virginia by deed dated October 14, 1970, of 0.384 Acre, of record in the aforesaid Clerk's Office in Deed Book 370, Page 654, and being a portion of the property conveyed to Ferman W. Perry, et ux, by Deed of Dollie Clark Grim, Widow, et als, dated March 25, 1964, of record in the aforesaid Clerk's Office in Deed Book 298, Page 170, to which deed reference is here made for a more particular description. PARCEL, TWO: All of that certain tract or parcel of land containing' 8.86 Acres, more or less, and being; more particularly described by metes and bounds in a plat and survey prepared by Richard U. Goode, Certified Land Surveyor, dated April 22, 1964, as follows: 1 BEGINNING at (1) the point of intersection of the Fast line of U. S. Highway No. 50 with the South line of a 60 ft. right of way between this tract and a 4.1 acre tract recently conveyed by Perry to Clark; thence with the South line of the 60 ft. right of way N 49 deg. 10 min. E 504.2 feet to (2) thence with two new division lines through the land of Perry S 29 deg. 33 min. E 822.8 feet to (3) thence S 60 deg. 27 min. W 500.0 feet to (4) an iron peg in the East line of U. S. Nei 0 No2950; thence with the East line of U. S. Highway 33 min. W 549.3 feet to (5) an iron peg; thence with a curve to the right, the chord bearing and distance being N 27 deg. 46 min. W 174.9 feet to the point of beginning„ containing 8.86 acres, more or less, -2- 7 L J/ -f —AHORNT. ANDRRBOIC LARRICK 6 GROVY& ATTOANUT• AT LAM MIMCM■*Tnn. VIRGUnA 3 and being a portion of the property conveyed to Ferman W. Perry, et ux, by Deed of Dollie Clark Grim, Widow, et als, dated March 25, 1964, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 298, Page 170, to which deed and the reference therein, refer is here made for a more particular description of the property herein conveyed. The Grantee, Perry Properties, a Virginia Limited Partnership, joins in the execution of this deed for the purpose of assuming the balance due of $300,000.00 to the Commercial and Savings Bank of Winchester, Virginia, on that certain deed of trust dated'December 2?--, 1976, from Ferman W. Perry and Kathryn M. Perry, his wife, to Flournoy L. Largent, Jr., et al, Trustees, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 'VL Y , Page Ste_, and the Grantee does hereby agree to assume and pay said lien indebtedness in accordance with the terms and conditions of the bond evidencing said debt and the deed of trust securing same. The party of the third part joins in the execution of this deed for the sole and express purpose of consenting to the conveyance and assumption by Perry Properties, a Virginia Limited Partnership, of its deed of trust assumed herein. WITNESS the following signatures and seams /�� m L'Z -L1�Y►i CZ.c (SEAL) FERMAN W. PERRY PERRY PROPERTIES, A Virginia Limited Partnership, THE COMMERCIAL AND SAVINGS B NK — ^ #647 D0L,1E CLARK GRIM, WIDOW, ET ALS TO DEED FERMAN W. PERRY ET UX LA.XOEYT. "DZRwxll & LArnruca ATTO�NtT� AT {AM wzxcxs z. Vd W^ BOOK 2b8 PAGE 170 I 1 THIS DEED, made and dated this '�ay of March, 1964, between Dollie Clark Grim (Widow); Albert C. Clark and Brookie M. Clark, his wife, and Robert Lee Clark and Cora Clark, his wife, of the one part, hereinafter called the Grantors and Ferman W. Perry and Kathryn M. Perry, his wife, of the other part, hereinafter called the Grantee. WHEREAS, Lillie M. Clark, the wife of Franklin H. Clark, died intestate on January 20, 1934, survived by her husband, the said Franklin H. Clark, and the following children, Charles F. Clark, Bessie May Clark, Dollie Clark Grim, Albert C. Clark and Robert Lee Clark; and, WHEREAS, Bessie May Clark died November 10, 1943, intestate, unmarried, and without issue, survived by her father, Franklin H. Clark, and the following brothers and sister, Charles F. Clark, Dollie Clark Grim, Albert C. Clark and Robert Lee Clark; and, WHEREAS, the said Franklin H. Clark died intestate September 19, 1947, survived by the following children, Charles F. Clark, Dollie Clark Grim, Albert C. Clark and Robert Lee Clark, who were the owners of the her-3inafter described property; and, WHEREAS, by Deed dated April 22, 1953, of record in the Clerk's office of the Circuit Court of Frederick County, Virginia, Charles F. Clark, et ux, conveyed their undivided interest in said property to the said Dollie Clark, Albert C.Clar and Robert L. Clark, which Deed is recorded in the aforesaid Clerk's office in Deed Book 227 page 434 ; and, t Y i BOOK ;:98 PACE 171 WHEREAS, the Grantors have now sold the iereinafter described property to the Grantees, Now Therefore Chis Deed. WITNESSETH: That for and in consideration Df the sum of Ten ($10.00) Dollars, and other valuable considerati receipt whereof is hereby acknowledged, the Grantors do hereby grant and convoy with general warranty of title, unto the Grantees jointly, and as tenants by the entirety, with the right of survivorship, as at common law, the following described parcels of land, together with all improvements and rights, rights of way and appurtenances thereunto belonging, to wit: PARCEL 1- All that certain parcel of'land lyinu" and being situate in Shawnee District, Frederick County, Virginia, three and one-half miles East of Winchester on the rillwood Turnpike, bounded on the East by the lands of Edgar Carper; on the south by the Millwood Pike and on the North and ldest b, the lands of Seabright, containing 20 Acres, more or less, being the same property conveyed to the said Franklin H. Clark by three separate conveyances; (1) by Deed of James W. Carper, et als, dated January 11, 1902, of record in the aforesaid Clerk's office in Deed Book 122, page 153; (2) by Deed of N.H. Carpenter, Attorne in Fact fot James Carper, et als, dated January 11, 1902, of record in the aforesaid Clerk's office in Deed Book 122, pa"e 402, and, (3) by Deed of N.H. Carpenter, Attorney in Fact for certain heirs of Nancy Carper, dec'd., et als, dated January 17, 1902, and of record in the aforesaid Clerk's office in Deed Book 122, • i.ARRlcle page 405, to which Deed and the references therein, reference is M.MC1YTt�. V[wMY ..hare made for a further description of Parcel -2- 0 0 QUUK 4'96 ?M PARCEL 2- That certain other tract of land located in said County and Diatrict, containing 5 Acres, more or less, adjoining the lands of Thornton Good, Clark, Grim and more particuarly described as being a part of a 28 Acre tract conveyed to Elizabeth A. Horsey by Deed dated June 19, 1909, from Edward Conner, et ux, and also known as the John :gilt land, being the same property conveyed to the said Franklin H. Clark by Deed of Elizabeth A. Horsey, dated December 15, 1910, and recorded in the aforesaid Clerk's office in Dead Book 132 page 197, to which Deeds a reference is made for a more particular description of the parcel of land described as Parcel 2. PARCEL 3- That certain other tract of land containing 32 Acres, more or less, in said County, on the North side of the Millwood Turnpike, about four miles southeast of Winchester, adjoining the lands of Edgar W. Carper and Clinton Grim, and being the same tract of land conveyed to the said Lillie M. Clark by Deed of Isaac Carper, et ux, dated February 23, 1912, and of record in the aforesaid Clerk's office in Deed Book 140 page 336, to which reference is made for a more particular description. These three parcels o° land are more particularly described by metes and bounds in a plat and survey made by Richard U. Goode, Surveyor, dated March ; S—, 1964, and attached hereto and made a part hereoc as if fully incorporated herein. I.AROx.VT. ""PLOON h LwnntcK •rroaxat• wr u.. w�xca:.raa, vnotxu I 0 9 BOOK :PAU 17.4 3 5,6 0 GOODE 0 957, 4 2 5 9 LAND OF FREDERICK /X 8.7' COUNTY,VA. /Z 20 7 8- v7Z'!56 N .5 5*-51 2 19 DOLLIE CLAR K GRIM ET AL to FERMAN W. PERRY ROWLES 5).3 Acres Z' 18 4 7. Jr 5 4 15 O so 100 ZOO 59 -/0 CARPER 3GHLE //v .1wez- LOCATED ON THE EAST SIDE OF U.S. HIGHWAY NO. 50 ABOUT 3 MILES' SOUTHEAST OF WINCHESTER, AND SITUATE IN SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA. RICHARD U GOODEO CERTIFIED SURVEYOR, MARCH ??' 1964. 0 9 IIJ DOLLIE CLANK GRIM ET AL TO FERMAN W. FERRY 53.3 ACHES The tract of land, shown on the attached drawing, located on the East side of U.S. Highway No. 50, about 3 miles Southeast of Winchester, and situate in Shawnee Magister=al District, Frederick County, Virginia, is bounded as follows: Beginning at (1) a White Oak tree in the East fence line of U.S. Highway No. 50 and corner to the land of Goode; thence with the land of Goode for the following 2 courses N 43 deg. 22 min. E 03U.0 feet to (2) a White Oak tree; thence N 35 deg. 50 min. E 536.7 feet to (3) a red oak tree a corner to the land of Frederick County, Virginia, in Goode's line; thence with the South fence line of the land of Frederick County, Virginia, for the following 9 courses S 56 deg. 38 min. E 125.0 feet to (4) a Hickory tree; thence S 25 deg. 50 min. W 294.9 feet to (5) an iron peg by a fence post; thence S 26 deg. 11 min. E 148.7 feet to (6) a nail in a fence post; thence S 53 deg. 21 min. E 205.4 feet to (7) a blazed Locust tree; thence S 75 deg. 19 min. E 58.2 feet to (8) an iron peg; thence N 81 deg. 59 min. E 27.6 feet to (9) an iron peg; thence tJ 58 deg. 57 min. E 72.3 feet to (10) an iron peg; thence' N 72 deg. 56 min. E 33.1 feet to (11) an iron peg; thence N 83 deg. 54 min. E 99.1 feet to (12) a post a corner to the. land of Frederick County, Virginia in the West line of the land of Howles; thence with Rowles for the following 2 courses S 18 deg. 42 min. W 42U.8 feet to (13) a blazed tree; thence S 52 deg. 17 min. E 1097.4 feet to (14) an iron peg by a post in a fence corner, a corner to Carper in the South line of the land of Howles; thence with Carper for the following 2 courses S 43 deg. 16 min. W 947.7 feet to (15) a post; thence S 43 deg. 10 min. W 531.1 feet to (lb) an iron peg in the center of an old abandoned road; thence N 3U dcg. U9 min. W 404.9 feet to (17) an iron peg in the East line of U.S. Highway No. 50; thence with U.S. Highway No. 5U for the following 3 courses, with a curve to the left the chord bearing and distance being N 28 deg. 08 min. W 127.1 feet to (18) a Concrete Highway Marker; thence N 29 deg. 33 min. W 1027.3 feet to (IV) a Concrete Highway Marker; thence...... Dollie Clark Grim et al to Ferman W. Perry ..page two.. 53.3 Acres (continuation) ...thence with a curve to the right the chord bearing and distance being N 26 deg. 54 min. W 237.4 feet to (20) an iron peg; thence with the East fence line of U.S. Highway No. 5U N 17 deg. 19 min. W 241.2 feet to the point of beginning, containing 53.3 Acres more or less. Richard U. Goode, Certified Surveyor, MGINIA FREDER!CK COUNTY, SCT. M1 r c h 1964. Yutrume of itlnp wqs Qductd to m• on th%=_jday at , and wjth f to o_ff�'�wledq "Tto oTn"ed wag txl pMed 0 0 • 11.Signature: p0erla-1) )�t4vlr (�O� -9c P) . /�4AY I (we), the undersigned, do hereby make application and petition the governing body to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia and do hereby certify that the application and accompanying materials are true and accurate to the best o my (our) knowledge. Applicant: Owner: 0 12.Representation: If the application is being represented by someone other than the owner or application and if questions about the application and if questions about the application should be directed to that representative, please list the following. Representative's Name: G.W. Clifford & Associates.Inc, Charles E. Maddox, Jr. Representative's Phone Number: (_703) 667-2139 Owners of the Property adjoining the land will be notified of the public hearing. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any prop- erty directly across the road from the requested property. The applicant is required to obtain the following information on each adjoining property including the 21-digit tax parcel identification number which may be ob- tained from the office of the Commissioner of Revenue. Name: David C. & Carol Ann Robinson i ev ., �fyv Address: P.O. Box _C43 Winchester, Va 22601 h ••- O. /1/I M 1 1111 111/ 1 1 Name: Donald W. & Melvina M. Moulden Address: 932 Allen Drive Winchester, Va 22601 �U. '. � I -i 0 46 Property I.D.# 65000-A00-0000-0000-01020 Name: Perry Properties \j Address: Rt. 6,Box 152-B Winchester, Va 22601 Property I.D.#:'64000-A00-0000-0000-01580 Name: George W. & Carolyn G. Glaize ., Address: 817 Dutton Drive Winchester, Va 22601 Property I.D.##: 64000-A00-0000-0000-0159E Name: O'Sullivan Corporation Address: P.O. Box 3510 Winchester Va 22601 Property I.D.##: _64000-A00-0000-0000-0159H Name: Katie B. & Robert Anthonev\, Address: P.O. Box 302 Winchester, Va 22601 Property I.D.## 65000-A00-0000-0000-01130 16 G.W.CLIFFORD & ASSOCIATES, INC 200 N.CAMERON ST. PO BOX 2104 WINCHESTER, VIRGINIA 22601 703-667-2139 TO Winchester. VA 22601 1 LETTER OF TRANSMITTAL PRESENT DATE JOB NO. 7/30/90 ATTENTION Renee' RE: Parry PrnnPrty WE ARE SENDING YOU n ATTACHED UNDER SEPARATI_ VIA ElHAND DELIVERED ❑ CHANGE ORDER SAMPLED SHOP DRAWINGS F PRINTS TI PLANS COPY OF LETTER THE FOLLOWING ITEMS SPECIFICATIONS ❑ OTHER COPIES DATE DESCRIPTION 5 4/90 Generalized Development Plan - Sheet 1 of 1 X❑ ARE TRANSMITTED APPROVED/SUBMITTED ❑ FOR APPROVAL APPROVED/AS NOTED ❑ FOR YOUR USE El RETURN/CORRECTIONS ❑ AS REQUESTED ❑ FOR REVIEW or COMMENT El FOR BIDS DUE ------------ 19 REMARKS �] RESUBMITFOR APPROVAL SUBMITFOR DISTRIBUTION RETURNEDCORRECTED PRINTS ❑ LOAN PRINT/RETURN RETURN/WITH SIGNATURES COPY TO: File SIGNED Tom Price REV. 2.0