HomeMy WebLinkAbout024-86 Frall Developers - Stonewall District - BackfileI
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e,0VX COUNTY OF FREDERICK
LAWRENCE R. AMBROGI i i CHARLES W. STANSFIELD
Commonwealth Attorney �f v Adminsitrative Assistant
DAVID S. WHITACRE ANN C. REELY
~'f
Assistant Commonwealth Attorney Secretary
GLENN R. WILLIAMSON A
OFFICE OF THE CAROL A. CMPBELL
Assistant Commonwealth Attorney Secretary
COMMONWEALTH'S ATTORNEY
FREDERICK - WINCHESTER JUDICIAL CENTER
5 NORTH KENT STREET WINCHESTER, VIRGINIA 22601
(703) 667- 5770
(703) 667- 5792
May 28, 1987
Mr. John R. Riley, Jr.
County Administrator
County of Frederick
9 Court Square
P. O. Box 601
Winchester, Virginia 22601
Re: Donald W. Moulden, Sr. vs. Frederick County Board of Supervisors
Dear John:
The above -captioned case is set for trial on Friday, June 19,
1987 at 9:00 A.M.
I would like to meet with you and Bob Watkins next week to discuss
necessary witnesses and evidence to be presented at the trial. With
that in mind, I would very much appreciate you or Bob contacting these
persons who either expressed an objection or appeared at the Board
meeting when this matter came up on the agenda, to determine if they
are willing to testify at the trial of this case.
I appreciate your assistance in this matter and if you have any
questions, please notify me.
Sincerel ours,
Lawrence R. Ambrogi
Commonwealth Attorney for
Frederick County, Virginia
LRA/acr
and t4j,4ociale-4
Engineers . Planners
December 30, 1986
Mr. Donald W. Moulden, Sr.
932 Allen Drive
Winchester, Virginia 22601
RE: PROPOSED HIGH STORE - WINCHESTER, VIRGINIA
Dear Mr. Moulden:
The Winston House
103 East Grace Street
Richmond, VA 23219-1741
Phone (804) 643-6651
Telex: 573439
Cable: WI LSMI TH
In accordance with conversations with Mr. John W. Madagan,
Sr., we have studied the impact of the proposed 24-hour convenience
store on U.S. 11, east of the Interstate 81 interchange, in
Winchester, Virginia. The proposed convenience store is expected
to be approximately 2,500 square feet. The proposed site
plan shows two points of access; one lined up with the median
break on U.S. 11, and the other just 210 feet to the east.
In order to study this location, PM peak hour traffic
counts (1985) were obtained from the Virginia Department of High-
ways and Transportation. Based on historical growth trends
on U.S. 11, these 1985 counts were expanded by a yearly growth
rate of five percent to the year 1987 (Figure 1).
The number of trips, into and out of the proposed site,
were estimated using rates published in the Trip Generation Report,
third edition, published by the Institute'of Transportation (ITE).
The Summary of Trip Generation Rates is shown on Table 1. The
entering (56) and exiting (56) trips, in the evening, were
based on 2,500 gross square feet of building. These trips were
then distributed according to the percent distributions shown
on Figure 2. The percent distribution was based on assumptions,
that, the majority of traffic will originate and exit west towards
Interstate 81 and the business area traffic originating from
the east will likely enter via the access point to the east. This
distribution is shown on Figure 3. Figure 4 shows these site
volumes combined with projected local volumes.
The median break access point (High Street) was analyzed
as an unsignalized intersection using the volumes presented in
Figure 4. These volumes were analyzed using the computational
Albany, NY - Alliance, OH - Columbia, SC - Cairo, Egypt - Falls Church, VA - Hong Kong - Houston, TX - Knoxville, TN - Miami, FL
Lexington, KY - Neenah, Wl - New Haven, CT - New York, NY - Orlando, FL - Phoenix, AZ - Pittsburgh, PA - Providence, RI
Raleigh, NC - Richmond, VA - Roselle, IL - San Francisco, CA - Singapore - South Orange, NJ - Toronto, Canada - Washington, DC
Mr. D. W. Moulden, Sr.
December 30, 1986
Page 2
HIGH STORE
procedures presented in the 1985 Highway Capacity Manual, Special
Report 209 of the Transportation Research Board. The results
of this analysis is shown on Figure 5. An explanation of the
Levels of Service can be found on Table 2.
This analysis reveals an acceptable Level of Service for
all turning movements (Level of Service "A"), except the exiting
left turn from the site. Although this movement shows an "E"
Level of Service, there should be sufficient critical gaps (96)
to accommodate this peak hour movement.
It is anticipated that the proposed access to the site will
adequately accommodate the proposed site traffic without causing
delay or obstruction to motorists traveling on U.S. 11.
If you have any questions or comments regarding the above,
please do not hesitate to contact us.
Sincerely,
WILBUR SMITH AND ASSOCIATES
i �N*4 0 I)WW' CX"
Michael J. Brugge, P.E.
MJB/cc
Attachments
cc: MrxJ W Madagan,\ Sri
ROUTE 11
~- 377 355
4q t,p 45 D
LEGEND
000 LOCAL (1 9 8 5 )
QQQ LOCAL (1987)
TRAFFIC VOLUMES
�w'ilAur Jini�/L as �id9aciaEe�
FIGURE
Table 1
SUMMARY OF TRIP GENERATION RATES
Land Use/Building Type 24—Hour Qpen Convenience Market ITE Land Use Code 851
Independent Variable —Trips per 1,000 Cross Square Feet
Average
Trip
Rate
Maximum
Rate
Minimum
Rate
Correlation
Coefficient
Number
of
Studies
Average Size of
Independent
Variable/Study
Average Weekday Vehicle Trip Ends
Peak
Hour
Of
A.M.
Between
7 and 9
Enter
Exit
Z-7.
Total
Adjacent
Street
Traffic
P.M.
Between
4 and 6
Enter
Z3•�}
Exit
23,
Total
Peak
Hour
of
Generator
A.M.
Enter
Exit
Total
P.M.
Enter
Exit
Total
Saturday Vehicle Trip Ends
Peak
Hour of
Generator
Enter
Exit
Total
Sunday Vehicle Trip Ends
Peak
Hour of
Generator
Enter
Exit
Total
Source Numbers 78, 87, 90
ITE Technical Committee 6A-6—Trip Generation Rates
Date: 1975, Rev. 1982
r w SITE
N W
CC
� 'IOi 3OG
2
2
1 �D
ROUTE 11
SITE TRAFFIC DISTRIBUTIONS
PM PEAK
A,,,_S'mX ard-141soc"J FIGURE 2
t-
w
w
cr-
U)
C)
SITE
3`l
't, —, 5
ROUTE 11
SITE TRAFFIC VOLUMES
PM PEAK
VVi&r SmX a d -,4elocia l FIGURE 3
w
W
cr-
0
4-q
SITE
ROUTE 11
--- 355
TOTAL PROJECTED TRIPS
PM PEAK
lz
FIGURE 4
FIGURE
S
WINCHESTER
HIGH ST.
INTERS ECTION
ROUTE 11
@
ROUTE 11
@
n I GH ST.
PM
PEAt<
1987
CRD
oNSiGNALIZED
- MAJOR
STREET RUNS EAST /
WEST
----------------------------------------------------------------------
U N S
I G
N A L I r D
C R I T I
C A L G A 1= S
-----------CRITICAL
GAPS
(SECi-----------
ARP
LEFT TURN
THROUGH
RIGHT TURN
EB
6. 00
---
---
SB
8.50
---
6.50
12/.. , &,
WINCH
V 0 L U M E A L L
O C A T I
O N T
u L A N
ES
LANE 1
LANE E
LANE
APP
---
L T R
----------------------------
L T
R
--------------
L T
R
EB
39 209 0
0 287
0
0 0
0
WE
0 180 0
0 175
5
0 0
0
SB
17 0 0
0 0
- - - - - - - - - -
39
- - - - - - -
0 0
- - - - - - - - - -
0
- - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - -
- - - - - - - - - - - - - - - - - - - - -
U N S
I G N A L
I Z E D
APP
LANE 1
-------
LANE
-------
2 LANE
-------
3
ED
RESERVE CAPACITY
608
---
---
LEVEL OF SERVICE
A
WE
RESERVE CAPACITY
---
---
---
LEVEL OF SERVICE
SE RESERVE CAPACITY 96 701 ---
LEVEL OF SERVICE E A
MAJOR STREET - EB/WB
L.O.S.
0
101
C
LE
Table 2
LEVEL OF. SERVICE DEFINITIONS
ROADWAY SEGMENTS OR
CONTROLLED ACCESS
HIGHWAYS
Free flow, low
traffic density.
Delay is not unreasonable,
stable traffic flow.
Stable condition, movements
somewhat restricted due to
higher volumes, but not
objectionable for motorists.
Movements more restricted,
queues and delays may occur
during short peaks, but
lower demands occur often
enough to permit clearing,
thus preventing excessive
backups.
Actual capacity of the
E roadway involves delay
to all motorists due to
congestion.
Forced flow with demand
volumes greater than
F capacity resulting In
complete congestion.
Volumes drop to zero in
extreme cases.
INTERSECTIONS
No vehicle waits
longer than one signal
indication.
On a rare occasion
motorists wait
through more than
one signal indication.
Intermittently drivers
wait through more than
one signal indication,
and occasionally backups
may develop behind left
turning vehicles, traffic
flow still stable and
acceptable.
Delays at intersections
may become extensive
with some, especially
left -turning vehicles
waiting two or more
signal indications, but
enough cycles with lower
demand occur to permit
periodic clearance, thus
preventing excessive
back-ups.
Very long queues may
create lengthy delays,
especially for left
turning vehicles.
Backups from locations
downstream restrict or
prevent movement of
vehicles out of approach
creating a storage area
during part or all of
an hour.
SOURCE: A Policy on Design of Design of Urban Highways and
Arterial Streets - AASHTO, 1973 based upon material
published in Highway Capacity Manual, National
Academy of Sciences, 1965.
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1
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4/0
REZONING REQUEST #024-86
Frall Developers, Inc.
Rezone 1.310 acres from
RP (Residential Performance) to B-1 (Business Limited)
LOCATION: Approximately 300 feet north of the I-81 Interchange at Stephenson,
lying on the west side of US Route 11.
MAGISTERIAL DISTRICT: Stonewall
ADJACENT LAND USE AND ZONING: Vacant land on three sides zoned A-2. Residences
zoned RP across Route 11.
PROPOSED USE AND IMPROVEMENTS: High's Dairy Store
REVIEW EVALUATIONS:
VA Dept. of Highways & Transportation - No objection to rezoning. Prior to
the development of this land, a site plan will be needed to see if the
proposed entrance way will meet the VDH&T minimum commercial entrance
standard requirements.
Health Department - Drainfield site previously approved for three -bedroom
dwelling will accomodate sewage generated by a convenience store (300-400
gallons per day.) An approved public water supply will be required. Final
approval by the Health Department is pending on review of a site plan.
Health Department will not approve for a deli/restaurant due to the very
limited soil conditions.
Clearbrook Fire Company - We have no objections to rezoning as long as the
fire code is followed on the site plan.
Inspections Department - Proposed building to be designed and built in
accordance with the Virginia Statewide Building Code. Specific comments when
site plan is submitted.
Planning and Zoning - The Sanitation Authority feels that water is available
to this site although the water main is located on the other side of Route
11. According to the Health Department, public water will be required. This
lot is located adjacent to the Interstate 81 interchange. No business
zoning currently exists on this eastern side of the interchange, although
Page 2
Frall Rezoning
substantial areas of land are zoned for business on the other (western) side
of the interchange. Most surrounding land is vacant and zoned A-2, although
houses zoned RP are located across Route 11.
Uses in the B-1 District are limited to certain types of retail, personal
service, and financial business with no more than 3,000 square feet per
structure. The B-1 Zoning District is intended to establish a business
district to serve surrounding residential districts. There are several areas
within a 1,000 foot radius that are zoned and developed for residential use.
However, an interstate interchange site is not the type of location where we
normally find a neighborhood business use. However, nothing in the Zoning
Ordinance or Comprehensive Plan suggests that this type of use should not
occur at such a location.
The site appears to be of sufficient size and suitable quality .for B-1 uses.
Site plans need to show entrances which take advantage of the crossover to
avoid U-turn movements to access the site from the northbound lane.
In general, this would appear to be a logical site for limited business
expansion. It can be expected that additional requests for business use will
occur at this location.
STAFF RECOMMENDATION: Approval.
PLANNING COMMISSION RECOMMENDATION: Denied, due to the following majority vote:
YES (TO APPROVE): Messrs. McDonald, Golladay, DeHaven, Romine
NO (TO DENY): Mrs. Copenhaver and Messrs. Stiles, Myers, Brumback, Wilson
APPLICATION FOR REZONING
IN THE
COUNTY OF FREDERICK, VIRGINIA
Zoning Amendment No. .-
Application Date T -3
Fee Paid
Submittal Deadline is
For the Meeting of
1.. The applicant is the owner other x (check one)
2. OWNER DONALD .W. MOULDEN, SR. OCCUPANT: ( if other than owner)
NAME: MECLVINA 11. 14OULDEN NAME: FRALL DEVELOPERS, INC.
ADDRESS: 932 Allen Drive ADDRESS: 310 South Main Street
Winchester, VA 22601 Mount Airy, MD 21771
TELEPHONE: ( 703) 662-7380 TELEPHONE:(301)795-1866
3. The property sought to be rezoned is located at (please give exact
directions) --approximately 300 ft. North of the I-81 Interchange -at Stephenson,
Stonewall Magisterial District, Frederick County, Virginia, lying on the West
side of U. S. Route 11.
4. The property' has a frontage of 301,36 feet and a depth of 197.25
feet and consists of 1.310 acres. (Please be exact)
DONALD 14. MOULDEN, SR.
5. The property to be rezoned is owned by /P4P'T VTNA M. MOULpEN as
evidenced by deed from LOUISE M. STOTLER, Widow recorded in deed book
no. 563 on,page 338 , registry of the County of FREDERICK
6. This property is designated as parcel no. 100 on tax map no.
43 in the STONEWALL Magisterial District.
7. It is desired and requested that the property be rezoned from.
RP to Bl
B. It is proposed that the property will be put to the following use
High's Dairy Store
9. It is proposed that the following buildings will be constructed
Store building 41 ft. x 60 ft.
10. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property sought to be rezoned. (Use
additional pages if necessary). These people will be notified by
mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER)
MAMV
1.
Address:
EMMA S. DUNCAN
Route 8 Box 698
Winchester,
Virginia 22601
'Property ID# :
43-A00-0099 4zem -
AC
(on the side and rear
of the property)
2.
NELLIE OMPS
Address:
Route 8, Box 698,
Winchester,
Virginia 22601
Property ID#:
43C-3-001
3.
HAROLD F. JOHNSON
LOLA C. JOHNSON
Address:
Route 8, Box 543,
Winchester,
Virginia 22601
Property ID#
43C-3-002
4.
DOUGLAS A. WAYS
Address:
Route 8, Box 541,
Winchester,
Virginia 22601
Property ID#
HARRIET S..WAYS
43C-3-003
Page Two
Rezoning
NAME
5•
Address:
8, Box 538, Winchester, Virginia 22601
WILLIE J. McLAURIN
Route
Property ID# :
ANNA H. McLAURIN
43C-3-004-004A
5•
Address:
Route 8, Box 536, Winchester, Virginia 22601
WILLIAi4 E. SANDY
GERALDINE L. SANDY
Pro pe 3t0y06
007
�•
Addres:8.,Box 533, Winchester, Virginia 22601
out
CLARA E. MORRIS and
ESTATE OF G. W. MORRIS
Pro pert D0#08
8
RIGGS RICHARDSer
Virginia 22601
GRACE
gAdw
9•
0.
property ID#:
Address:
Property IDIt :
11. Additional comments, if any
the undersigned, do hereby respectfully make application
I (We)r to amend the zoning ordinance and
and petition the governing body
to change the zoning map of the County of Frederick, Virginia, with
ap l
the above facts as sup�o this icatio • � —
DONALD W. MOULDEN, SR.
Signature of Owner:
MELVINA M. MOULDEN
Signature of Applicant:
Complete Mailing Address:
Telephone Number:
FRALL DEVELOPERSy, INCH.
M1
VlJAMIN TI. BlITT,-W
South Cameron Street
Winchester, Virginia 22601
703) 662-3486
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)
aApproval Denial SECRETARY (signed)
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date)
Approval Denial COUNTY ADMIN. (signed)
Page Three
Rezoning
Please use this page for your sketch of the property. Show proposed and/or
existing structures on property, including measurements to all property lines.
to
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20 °
C. V1. WARTHEN CO., NO. 301-9
tr
Commort%ealtb of Virginia
IN THE CIRCUIT COURT OF THE COUNTY OF FREDE RICK
SUBPOENA IN CHANCERY
Rhoda W. Maddox, Supervisor
Route 8, Long Hill
Winchester, Va. 22601
The party upon whom this writ and the attached paper are served is hereby notified
that unless within twenty-one (21) days after such service, response is made by filing
in the Clerk's Office of this court a pleading in writing, in proper legal form, the allega-
tions and charges may be taken as admitted and the court may enter a decree against
such party, either by default or after hearing evidence.
Appearance in person is not required by this subpoena.
Done in the name of the Commonwealth of Virginia, this ------- 27th___________________________
day of----- February----------1 19.8 7---•
------------------------------ ------------------------- r CLERK.
4�?---'_'`----- r DEPUTY CLERK
Benjamin M. Butler
Cameron Street - -'
p• q
Winchester, Virginia 22601
(OFFICE ADDRESS)
F E B 2 4 1987
IN THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA:
DONALD W. MOULDEN, SR.
MELVINA M. MOULDEN, .
Complainants
V.
IN CHANCERY NO. 1`
FREDERICK COUNTY BOARD OF SUPERVISORS,
SERVE:
LAWRENCE R. AMBROGI, ESQUIRE
Commonwealth's Attorney for
Frederick County, Virginia
5 North Kent Street
Winchester, Virginia 22601
KENNETH Y. STILES, Chairman
Frederick County Board of Supervisors
Route 1, Box 276
Clearbrook, Virginia 22624
WILL L. OWINGS, Supervisor
Church Street
Middletown, Virginia 22645
ROBERT M. RHODES, Supervisor
c/o Rhodes & Rhodes Pharmacy
106 West Boscawen Street
Winchester, Virginia 22601
RHODA W. P•ZADDOX, Supervisor
Route 8, Long Hill
Winchester, Virginia 22601
THOiVIAS B. THROCKMORTON, Supervisor
c/o Scullv, Throckmorton & Glass
20 South Kent Street
Winchester, Virginia 22601
C. WILLIANI ORNDOFF, JR., Supervisor
Route 2, Box 371-A
Stephenson, Virginia 22656,
Defendants
BILL OF COMPLAINT FOR DECLARATORY JUDGMENT
COME NOW the Complainants and respectfully represent
unto the Court as follows:
1. That your Complainants are the owners of a
certain tract of land located in Frederick County, Virginia,
containing 1.310 Acres, and being the same land conveyed to
your Complainants by deed dated April 20, 1983, from Louise M.
Stotler, widow, which is of record in the Office of the Clerk
of the Circuit Court of Frederick County, Virginia in Deed
Book 563 at Page 338.
2. That your Complainants contracted with Frall
Developers, Inc., by Contract dated September 6, 1986, for the
sale of the subject land, contingent upon the Complainants'
rezoning the land to construct a High's Dairy Retail Con-
venience Grocery Store upon the same. To that end, the
Complainants, with the Contract Purchaser, Frall Developers,
Inc., filed their Petition with the County of Frederick to
rezone the land under the Frederick County Zoning Ordinance
from R-P (residential performance) classification to B-1
(neighborhood district) classification. A copy of said
Petition is attached hereto as Complainants' Exhibit No. 1.
3. That on January 28, 1987, the Board of Super-
visors, by vote, denied the application for rezoning despite
the recommendations of the Frederick County Planning Staff
that the rezoning should be approved. That attached hereto is
2
the report of the Frederick County Planning Staff filed here-
with as Complainants' Exhibit No. 2.
4. That the subject land at all times relevant
herein.was zoned R-P .(residential performance). That attached
hereto as Complainants' Exhibit No. 3 is a copy of the Zoning
Map applicable to the area in question, showing the subject
property to be bounded on its three sides by properties zoned
A-2 and its fourth side by U. S. Route 11, a four lane highway.
The land lies approximately 250 feet East of the North bound
entrance ramp for Route I-81 and which land further lies
between U. S. Route 11 and Route I-81 as shown on said Zoning
Map.
5. That the sole objection voiced by the Board of
Supervisors who voted against said rezoning is that a traffic
problem existed at the location in question. That the
Complainants presented evidence from traffic and highway
experts, Wilbur Smith & Associates, that no traffic problem in
fact existed, in addition to the Virginia Department of
Highway's representative, who indicated that no traffic
problem existed. That attached hereto is a transcript of the
public hearing which took place on January 14, 1986, which
hearing preceding the voting meeting on January 28, 1987.
6. That the statement of intent for neighborhood
district B-1, as set forth in the Frederick County Zoning
Ordinance, is as follows: "The primary purpose of this
3
district is to establish a business district that will serve
the surrounding residential districts. Traffic and parking
congestion is to be held to a minimum to protect and preserve
property values in the surrounding residential districts and,
insofar as possible, neighborhood business development should
take place in the district. The district should include such
activities as are necessary for the day-to-day operation and
convenience of a normal household, and structures should be
limited to 3,000 square feet."
7. That the statement of intent for residential
performance zoning classification states: "This article is
intended to implement the residential land use policies of the
Comprehensive Plan dealing with urban lands. The Plan
identifies four basic land use characteristics which are to be
encouraged."
8. That the action of the Board of Supervisors, in
denying the rezoning of the application for rezoning, was
arbitrary, capricious and unreasonable in that the issues
presented were not fairly debatable.
WHEREFORE, Complainants pray that the Court adjudi-
cate that the denial to use their land as requested in the
rezoning application was arbitrary, capricious and unreason-
able; that the Court order the Board of Supervisors to recon-
sider said petition and enjoin the Board from taking action
4
which would disallow the use proposed; and for such other,
further and general relief as to equity shall seem meet.
/BEN AMIN M V BUT
McI E and BUTLER
11 South Cameron Street
P. 0. Drawer 2097
Winchester, Virginia 22601
(703)662-3486
Counsel for Complainants
CLINTON R . RITTER
205 East Boscawen Street
Winchester, Virginia 22601
(703) 662-7175
Co -Counsel for Complainants
t
DONALD W. MOULDEN, SR.
4ELNA 1,IMI. MOULDEN
5
COUNTY of FREDERICK
Departments of Planning and Building
('S
703/A--55-5650
February 20, 1987
Mr. Benjamin M. Butler
11 South Cameron Street
Winchester, Virginia 22601
RE: Rezoning Application #024-86 of Frall Developers, Inc.
Dear Mr. Butler:
This letter is to confirm the Frederick County Board of Supervisors' actions at
their meeting of January 28, 1987:
Denial of Rezoning Application #024-86 of Frall Developers, Inc. to rezone 1.310
acres from RP (Residential Performance) to B-1 (Business Limited) for a High's
Dairy Store. This property is located approximately 300 feet north of the I-81
interchange at Stephenson, lying on the west side of US Route 11, in the
Stonewall Magisterial District.
If you have any questions regarding this matter, please do not hesitate to call
this office.
Sincerely,
v
Robert W. Watkins
Planning Director
RWW/rsa
cc: Eston 0. Rudolph, Jr., Commissioner of Revenue
George B. Whitacre, Circuit Court Clerk
4 C oiirt Cminre - P.O. Box 601 - Winchester, Virginia - 22601
TO WHOM IT MAY CONCERN:
All taxes listed under the name of DONALD MOULDEN, SR., and
MELVINA M. MOULDEN, his wife, on 1.310 Acres (Tax Parcel No. 100
on Map 43), Stonewall Magisterial District, Frederick County,
Virginia, have been paid through December 31, 1986.
v <
DOROTHY B. KFCK Y, Treasurer
Frederick County, Virginia
1GY' , Ceti
COUNTY of FREDERICK
�
w
Departments of Planning and Building
703/655-5650
1758
December 23, 1986
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of: Frall Developers, Inc.
Rezoning Request to rezone 1.310 acres from RP (Residential Performance) to B-1
(Business Limited) for a High's Dairy Store to be located approximately 300 feet
north of the I-81 interchange at Stephenson, lying on the west side of Route 11.
This rezoning request will be considered by the Frederick County Planning
Commission at their meeting of January 7, 1987, at 7:30 p.m., in the Board of
Supervisors' Meeting Room, the Old Court House, Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
r
This is to certify the the attached correspondence was mailed to the following on
December 23, 1986 from the Department of Planning and Development, Frederick
County, Virginia:
�!CLAURIN, WILLIE- J. & ANNA H. TAYLOR, CHARLES A.
RT. 8 BOX 538 Tef-Fe.rsc)n rJat'l U2,6�1,1-
WINCHESTER, VA.
22601 Zcz, r�. Lomdc)un 5-tvece,
\),)incl 5 ,! \;A. ZZ(,DI
SANDY, WILLIAM E. WAYS, DOUGLAS A. Z HARRIETT S.
GERALDINE L. RT. 8 BOX 541
RT. 6 BOX 536 WINCHESTER, VA.
WINCHESTER, VA. 22601
22601
`1ORRIS, CLARA E,
tz
CIO PROFFITT, CLARA
RT. 8 BOX 533
WINCHESTER, VA.
RICHARDS, GRACE RIGGS
BOX 712
WINCHESTER, VA.
22601
22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICKQ
I, �C. C� LO�(y^jar-,, 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 has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this day of �C-��� 1986.
My commission expires on —a' ' �
NOTARY PUBLIC (�
COUNTY of FREDERICK
I Departments of Planning and Building
- 5(16D
703 /63-546-50-
January 20, 1987
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of: Frall Developers, Inc.
Rezoning Request to rezone 1.310 acres from RP (Residential Performance) to B-1
(Business Limited) for a High's Dairy Store to be located approximately 300 feet
north of the I-81 interchange at Stephenson, lying on the west side of Route 11.
Due to tabling at their last meeting, the Frederick County Board of Supervisors
will be continuing their consideration of this rezoning on January 28, 1987, at
7:15 p.m., in the Board of Supervisors' Meeting Room, the Old Court House,
Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/rsa
9 Court Square
P.O. Box 601 - Winchester, Virginia
22601
1 This is to certify the the attached correspondence was mailed to the following on
January 20, 1987 from the Department of Planning and Development, Frederick
County, Virginia:
MCLAURIN;-WILLIE J. & ANNA H.
ROUTE 8, BOX 538
WINCHESTER, VA 22601
SANDY, WILLIAM E.
& GERALDINE L.
ROUTE 8, BOX 536
WINCHESTER, VA 22601
MORRIS, CLARA E.
C/O PROFFITT, CLARA
ROUTE 8, BOX 533
WINCHESTER, VA 22601
RICHARDS, GRACE RIGGS
BOX 712
WINCHESTER, VA 22601
TAYLOR, CHARLES A.
JEFFERSON NATIONAL BANK
202 NORTH LOUDON STREET
WINCHESTER, VA 22601
WAYS, DOUGLAS A. & HARRIETT S.
ROUTE 8, BOX 541
WINCHESTER, VA 22601
O
R ert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICCK
I, K�I�LY'L& , 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 / cxt dr has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this G - day of 1987.
My commission expires on
NOTA Y PUBLIC
FA
COUNTY of FREDERICK
IDepartments of Planning and Building
703/655-5650
December 30, 1986
TO THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
The Application Of: Frall Developers, Inc.
Rezoning Request to rezone 1.310 acres from RP (Residential Performance) to B-1
(Business Limited) for a High's Dairy Store to be located approximately 300 feet
north of the I-81 interchange at Stephenson, lying on the west side of Route 11.
This rezoning request will be considered by the Frederick County Board of
Supervisors at their meeting of January 14, 1987, at 7:15 p.m., in the Board of
Supervisors' Meeting Room, the Old Court House, Winchester, Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
i
Robert W. Watkins
Director
RWW/rsa
9 Court Square
P.O. Box 601
Winchester, Virginia
22601
This is to certify the the attached correspondence was mailed to the following on
December 30, 1986 from the Department of Planning and Development, Frederick
County, Virginia:
TAYL0R, CHARLES A. J
'M LAURIN, rWILLIE J. & AN�NA H. n; T
RT. 8 3OX 538 -
WINCHESTER, VA. 7bz A). LouclDtl ` e
22601 C I� 'AC,heVA • ZZ�oJ
YS1 OAS
SANDY, WILLIAM E. RT. 8 BOOXC541 A. & HARRIETT S.
GERALDINE L. iIINCHESTER,
RT. 8 30X 536 VA.
'�'INCHESTER, VA.
22601 226077
MORRIS, CLARA E.
C/O PRO=EITT, CLARA
PT. 8 50X 533
4INCHESTER, VA.
22601
RICHARDS, GRACE RIG'GS
50X 712
WINCHESTER, VA.
22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
STATE OF VIRGINIA
COUNTY OF FREDERICK
Laz! cf�r-\ , a Notary Public in and for the state and
t
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 i " - -3 , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this 3C�' day of � �r`�� C , 1986.
My commission expires on —J -a'5
NOTARY PUBLIC
338 • LOUISF M. STOTLER
TO: .. DEED
DONALD W. MOULDEN, SR., ET UX
,,i� orra53
�C'k"yt' :r'� R`'�C"`�T'•,7l'"�if�c'�F' k�'k �c� �c
11
eK563Pc338
DEED
THIS DEED, made and dated this -aQ7lo _day of April, 1983, by and
between LOUISE M. STOTLER, Widow, party of the first part, hereinafter
called the Grantor, and DONALD W. MOULDEN, SR'., and MELVINA M. MOULDEN,
his wife, parties of the second part, hereinafter called the Grantees.
WITNESSETHt That for and in consideration of the sum of Ten Dollars
($10.00), cash in hand paid, and other valuable considerations, the receipt
of all of which is hereby acknowledged, the Grantor does hereby sell, grant
and convey, with General Warranty of Title, unto the said Donald W. Moulden,
Sr, and Melvina M. Moulden, in fee simple, as tenants by the entirety with
right of survivorship as at common law, it being expressly intended that
the part of the one .dying first shall then belong to the other, his or her heirs
or assigns, all of that certain lot or.parcel of land, lying and being situate
on the Northwestern side of the Martinsburg Pike, known and designated
as U. S. Highway Route No. 11, in Stonewall Magisterial District, described
as follows;
All that certain lot or parcel of land together with all
improvements thereon lying and being situate on the
Martinsburg Pike, U. S. Route No. 11, about two (2)
tuiles Northeast of the City of Winchester, in Stonewall
District, Frederick County, Virginia; beginning at an
iron pin the Northwestern Highway Boundary line of
U. S. Route No. 11, a corner to the Duncan Land, which
pin is located by measuring N 61 deg. 37 min. 15 sec. E
200.78 feet from a concrete highway monument, running
with the said highway boundary line N 61 deg. 37 min. 15 sec.
'E. 301.36 feet to an iron Bin corner to the Duncan Land; thence
with the three following lines of the said land N 46 deg. 41 min.
02 sec. W. 201.68 feet to an iron pin; thence S 60 deg. 48 min.
58 sec. W. 300.00 feet to an iron pin (found); thence S 46 deg.
41 min. 02 Sec. E. 197.25 feet to the beginning, containing
1.310 acres, according to plat and survey of Lee A. Ebert,
C. L. S., dated the 11th day of April, 1983, attached hereto
and by this reference hereby made a part hereof. Thies
is the same real property conveyed to L. IT. Stotler, who
died on March 20,• 1983, and Louise M. Stotler; his wife,
as tenants by the entirety with the -right of survivorship
=l
DK563PG339
• n
'l
as at common law, by Deed dated the 9th day of December,
1966 from Marion J. Perry, et ux, of record in the Clerk's
Office of the Circuit Court of Frederick County, Virginia,
in Deed Book 328, at Page 264. Reference is hereby made
to said deed and plat and survey, and to the references
therein contained, for a further and more particular des-
cription. of the real property hereby conveyed.
This conveyance is made subject to all legally enforceable easements,
rights of way, and restrictions of record, if any, affecting title to the said
property.
The Grantor covenants that she has a good right to convey said property
to the Grantees; that the Grantees shall have quiet possession of dame;
that she has done no act to encumber said land; that it is free from all liens
and encumbrances; and that she will grant such further assurances of title
as may be requisite.
WITNESS the following signature and malt
III (SEAL)
LOUISE M . STOTLER
STATE OF VIRGINIA
COMMONWEALTH AT LARGE, to -wit:
I, 9bS>90__t_� zo00 0 /L e— a Notary Public in and for
the State and Commonwealth aforesaid do hereby certify that LOUISE M.
STOTLER, Widow, whose name is signed to the foregoing DEED bearing
-rN
date the �day of April, 1983, .has personally appeared before me
in my State and Commonwealth aforesaid and acknowledged the same.
Given under my hand this 2j�: day of April, 1983.
My commission expires =6 _Q
Notary Public
339
�.
■
5 6 3PG3 4 0 RAY N. DUN CAN
EMMA DWICAN
D. B. 224 — P. 292
N40*41'02"W 2UI.G0'
o
1,310 ACRES
O
4.
Z 5
0 CO
to
cd
jar
00
S48'41'02#E —197.25'
RAY it, DUNCA"
Em MA DUNCAN
D.B. 224 R 292 ox
a � (o
vi 0
f
0 q)
, . -3
O. ,.t r. .
00
L . I r E R
74AW
ev
10 14,
46*4
3' IN7
Ll
J- Le
7?
k L,,j ;r
;104�1, Oro,
S-
i
i
BK563PG341
The Accompanying Plat is a Survey of the Land conveyed to L. H.
i
and Louise M. Stotler by Deed dated 9 December 1966 in Deed Book 328
Page 264. The said Land fronts the Northwestern Highway Boundary Line
of the Winchester - Martinsburg Pike - U.•S. Route No.,ll, about Two
Miles Northeast of the City of Winchester, and lies in Stonewall District,
Frederick County, Virginian '
Beginning at an iron pin in the Northwestern highway Boundary Line
i
. of U, S. Route 11, a corner to the Duncan Land, Mhich pin is located
by measuring N 6107371 15" E - 200.78 ft. from a concrete highway
monument, running with the said Highway Boundary Line N 610 37- 15" E
- 301,36 ft. to an iron pin corner to the Duncan Landl thence with the
three following Lines of the said Land N 460 41' 02" W - 201.68 ft*
to an iron pint thence S 600 48' 58" W - 300.00 ft• to an iron pin (found)
I
thence S 460 41' 02" E - 197.25 ft. to the beginning.
Also shown on the Plat is the Power Line crossing
the Northwestern Corner of the Surveyed Land. r
u
U A.. PERT �.
Containing - - 1.31 Acres u�''r«►F a`'
Surveyed - April 11, 1983 �' 1:
41
_ CA T10
joltuce • to r.�e
'Tle tn�lrunio o writing was p / 19at
-�, ,� d`'Y ment thoreto anne ca3
end Certificate of a cnowledg S,o 58J4,1 of
'Admitted to rocOrd. Tax imposed by
Qy � end 58-54 have been paid, if aisejsab:
I , I Clo)ti
I
.
s
i
i
COUNTY of FREDERICK
Department of Pla f� �3, optnent
REQUEST FOR COMMENTS John T orne - P&nn41g ircctor
Stephen G�44risin - Deputy Oircctor
<.
703/61 4532
T0: Mr. William H. Bushman Local Wf, gice:. Y
Resident Engineer
VA. Dept. of Highways & Transportation 1550 C erce s ree'
P.O. Box 278 Winchest'b_ VA.� 01
Edinburg, Virginia 22824-0278 (703) 662-
(703) 984-4133
FROM: Planning Director DATE:
SUBJECT: Review Comments for Conditional Use Permit x Rezoning
Subdivision Site Plan
Please review this request for a rezoning of 1.310 Acres, located at the
West side of U. S. Route 11, approximately 300 ft. Nortli of I-81 Interchange
Stephenson, Stonewall District, Frederick County, Virginia
Proposed building and improvements: High's Ice Cream Store
Benjamin M. Butler, Esquire, P. 0.
DDTrrhaais enir Me�eet��m st, be �£�6� rned to is YFL r)i x Htx�D rt t
ktxcn]a Xicl�OtVc r n
xtA1ftx 3cix3ant , by December 11, 1986
for the meeting of January 7, 1987
VDH&T Comments:
No objection to rezoning. Prior to the development of this
a site plan will be needed to see it tne proposea entrance
u7a4 will meet the VDH&T minimum commercial entrance standard
requirements.
VDH&T Signature: Date: December 1 , 1986
Applicant's Name: FRALL DEVELOPERS, ItdC.
Address: c/o John W. Madagan Sr , Tnr
1838 Valley Avenue, Wincliester, Virginia 22601
Phone Number: 703-667-4020
NOTICE TO APPLICANT: It is your responsibility to contact the
Virginia Department of Highways & Transportation for comments on
your project and to return all comments as part of your applica-
tion before or on the submittal deadline date.
��1 JJJ
...........
`� COUNTY of FREDERICK
u' 7 Departments of Planning and Building
703/444-5650
I1tR � .�/ v'�'C •�
� C? /
M E M O R A N D U M /
Inspections ATTN: Mrs. Donna Ritter
Planning and Zoning , ATTN: Mr. Stephen M. Gyurisin
Clearbrook Fire Company , ATTN: Mr. Ralph Robinson
VA Dept. of Highways & Transportation , ATTN: Mr. William Bushman
ATTN:
------- ATTN:--------------------------
FROM: Robert W. Watkins, Director DATE: December 10, 1986
SUBJECT: Review Comments On: Conditional Use Permit ____ Site Plan
Subdivision
X Rezoning
We are reviewing the enclosed request by Frall Developers
or their representative, Benjamin M. Butler, 662-3486
Will you please review the attached and return your comments to me as soon
as possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
____No_ objection_ to rezoin�_- As previously advised, if this is
------- -------------------------------------------
developed, _a_site-plan-will be required and a commercial entrance
------ ----------------------------------------
must _be_ applied _for _and approved_before doing -any work on the
State' s ri ht- of-wa
----------------------------------------------------------------------------
Signature_ !� f � (�C1' Date---29
-- �-------------
0 (-nnrt Gninrp - P.0 Box 601 - Winchester, Vireinia - 22601
1fi19�p COUNTY of FREDERICK
Departments of Planning and Building
703/6 --`4-5650
Ai; ;3
MEMO ;� DUM ^y�'
`" 9
£_
Inspections ATTN: Mrs. Donna Ritter
Planning and Zoning ATTN: Mr. Stephen M. Gyurisin
Clearbrook Fire Company ATTN: Mr. Ralph Robinson
VA Dept. of Highways & Transportation ATTN: Mr. William Bushman
ATTN:
-----------------------------------------• ATTN:--------------------------
FROM: Robert W. Watkins, Director DATE: December 10, 1986
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
Subdivision -_X•— Rezoning
We are reviewing the enclosed request by Frall Developers _.
or their representative, Benjamin M. Butler. 662-3486 _
Will you please review the attached and return your comments to me as soon
as possible.
--------------------•--------------------------------------------------------
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
Ulf 114VE NO 03YETIONS l0 T111S ?ZONING
----------------------------------------------------------------------------
Signature _ ____ __ _____ � ____ Date____ 12118186
9 17nnrt CrninrP - P 0. Box 601 - Winchester. Virginia - 22601
COUNTY of FREDERICK
I Departments of Planning and Building
703/4-54-5650
M E M O R A N D U M
Inspections , ATTN: Mrs. Donna Ritter
Planning and Zoning ATTN: Mr. Stephen M. Gyurisin
Clearbrook Fire Company ATTN: Mr. Ralph Robinson
VA Dept. of Highways & Transportation ATTN: Mr. William Bushman
ATTN:
----------------------------------------y ATTN:-------�-
FROM: Robert W. Watkins, Director DATE: December 10, 1986
SUBJECT: Review Comments On: Conditional Use Permit Site Plan
Subdivision
X Rezoning
We are reviewing the enclosed request by Frall Developers
or their representative, Benjamin M. Butler, 662-3486
Will you please review the attached and return your comments to me as soon
as possible.
THIS SPACE SHOULD BE USED FOR REVIEW COMMENTS:
W14Et-4_ G 1:rf..iL1 j---Lr1a-,-------------------------
S
Signature_ 7��,_--_-_-- Date____
2--------------------
4 (-rvir+ 4rni,%re
P.O. Box 601
Winchester, Virginia
22601
2
�' v k'
COUNTY of
REDERICK
rid 11 - p
Department of Planning ` nd Developtnent
y h;7 REQUEST FOR COMMENTS John T.P. Horo - Planning Director
` icphen M. GYtf isin - Deputy Director
--. 703/6624532
TO: Mr. William H. Bushman
Resident Engineer
VA. Dept. of Highways & Transportation
P.O. Box 278
Edinburg, Virginia 22824-0278
(703) 984-4133
FROM:
Planning Director
Local Office:
1550 Commerce Street
Winchester, VA. 22601
(703) 662-8876
DATE:
SUBJECT: Review Comments for Conditional Use Permit X Rezoning
Subdivision Site Plan
Please review this request for a rezoning of 1.310 Acres located at the
West side of U. S- Route 11, approximately 300 ft. Ncrth cf I 81 Interchange r
Stephenson, Stonewall District, Frederick County Virginia
Proposed building and improvements: ..High's Ice Cream Store
Benjamin M. Butler, Esquire, P. 0.
heet m st be�rued to f1tNx� r
Thi&=�.
±hftX
, by December 11, 1986
for the
meeting of
January 7,
1987
VDH&T Comments:
No objection to rezoning. Prior to the development of this
land, a site plan will be neeTe7 to see it tne propo7eZT en ranee
�aay will meet the VDH&T minimum commercial entrance standard
VDH&T Signature:1.,,�m,1 - Date: December 1 1986
Applicant's Name:
Address:
Phone Number:
FRALL DEVELOPERS, INC.
c/o John W. rfar��v�Sr-, Tnr
1,38 Valley Avenue Udinchester. Virginia 22601
703-667-4020
NOTICE TO APPLICANT:
Virginia Department
your project and to
tion before or on th
It is your responsibility
of Highways & Transportation
return all comments as part
to contact the
for comments on
of your applica-
gPPLICATION FOR REZONING 46
IN THE
COUNTY OF FREDERICK, VIRGINIA
Zoning Amendment No. (Ja`-t -8&
Application Date
Fee Paid
., ,
t _ n r r 19816 i
!c ?
Submittal Deadline } � is
For the Meeting of Lrr,
1. The applicant is the owner other x (check one)
2. OWNER DONALD W. MOULDEN, SR. OCCUPANT
i�LVINA P1'40ULDEN ( if other than owner)
.
NAME: NAME: FRALL DEVELOPERS, INC.
ADDRESS: 932 Allen Drive ADDRESS: 310 South Main Street
Winchester, VA 22601 Mount Airy, MD 21771
TELEPHONE: ( 703) 662-7380 TELEPHONE: 301795-1866
3. The property sought to be rezoned is located at (please give exact
directions) approximately 300 ft. North of the I-81 Interchange at Stephenson,
Stonewall Magisterial District, Frederick County, Virginia, lying on the West
side of U. S. Route 11.
4. The property has a frontage of 301.36 feet and a depth of 197.25
feet and consists of 1.310 acres. (Please be exact)
5. The property to be rezoned is owned by /"F'"T�A M. rlDtrr.DEN DONALD id. MOULDEN, SR. as
evidenced by deed from LOUISE M. STOTLER, Widow recorded in deed book
no. 563 on page 338 , registry of the County of FREDERICK
6. This property is designated as parcel no. 100 on tax map no.
43 in the STONEWALL Magisterial District.
7. It is desired and requested that the property be rezoned from
RP to Bl
8. It is proposed that the property will be put to the following use
High's Dairy Store
9. It is proposed that the following buildings will be constructed
Store building 41 ft. x 60 ft.
5
10. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property sought to be rezoned. (Use
additional pages if necessary). These people will be notified by
mail of this application. (PLEASE LIST COMPLETE 21-DIGIT NUMBER)
NAMR
1.
Address:
EMMA S.
DUNCAN
Route S
Box 698 Winchester, Virginia 22601
Property
ID# :
(on the side and rear
of the
property)
43-A00-0099
3 000 -400- 00o0 - 00Vc —00 90 VOO
2.
Address:
NELLIE
OMPS
Route 8,
Box 698, Winchester, Virginia 22601
Property
ID#:
43C-3-001
V36,0v- e4_rrc0000-01,S00
3.
Address:
HAROLD
F. JOHNSON
Route 3,
Box 543, Winchester, Virginia 22601
Property
ID#
LOLA C. JOHNSON
43C-3-002
3G 00 - 0— 0000 - 000. c[D
4.
Address:
DOUGLAS
A. WAYS
Route 3,
Box 541, Winchester, Virginia 22601
Property
ID# :
HARRIET S:.WAYS
43C-3-003
43C DU-- 003- 0000-0000 -0030 ,11
Page Two
RezofiJ.-9
0 0
NAME
WILLIE J. McLAURIN
ANNA H. McLAURIN
WILLIAM E. SANDY
GERALDINE L. SANDY
CLARA E. MORRIS and
ESTATE OF G. W. MORRIS
8.
GRACE RIGGS RICHARDS
0.
address:
Route 8, Box 538, Winchester, Virginia 22601
?roperty ID#:
43C 3 004 004A z� G UU- 0()0000 - D0O.C) ODUc
Address:
Route 8, Box 536, Winchester, Virginia 22601
Property ID# : �/.36% v0- 00�- DoOU-OoO�- OoOGo
43C-3-006-007 y3 C 00 003-- (-9060 - D C)00- (000 70
Address:
Route 8, Box 533, Winchester, Virginia 22601 CJo 0'
o
Property ID#: ,1,3do-D03-00007 d2000- 11
43C-3- 07A-008 3L O- /)o 00190-0000 0001'(9
Address:
Box 712, Winchester, Virginia 22601
Proper
43C-3- 08A-009 jC' DO-D03- 0000- 0000- oc90
96
Address:
Property ID#:
Tess:
Property ID#:
11. Additional comments, if any
igned, do hereby respectfully make application
I (we), the undersoverning body to amend the zoning ordinance and
and petition the g
to change -the zoning map of the County of Frederick, Virginia, with
the above facts as supp_ort of this application • —
Signature of Owner:
Signature of Applicant:
Complete Mailing Address:
Telephone Number:
DONALD W. MOULDEN, SR.
MELVINA M. MOULDEN
FRALL, DEVELOPERS, I-W30.
n
/NJAM-N -PAC.' BUTLER "
11 South Cameron Street
Winchester, Virginia 22601
703) 662-3486
For Office Use Only
PLANNING COMMISSION PUBLIC HEARING RECOMMENDATION OF (date)
Approval
Denial SECRETARY (signed)
BOARD OF SUPERVISORS PUBLIC HEARING ACTION OF (date)
Approval Denial COUNTY ADMIN. (signed)
Engineers . Planners
The Winston House
103 East Grace Street
Richmond, VA 23219-1741
Phone (804) 643-6651
December 30, 1986 Telex:573439
Cable: WI LSMI TH
Mr. Donald W. Moulden, Sr.
932 Allen Drive
Winchester, Virginia 22601
RE: PROPOSED HIGH STORE - WINCHESTER, VIRGINIA
Dear Mr. Moulden:
In accordance with conversations with Mr. John W. Madagan,
Sr., we have studied the impact of the proposed 24-hour convenience
store on U.S. 11, east of the Interstate 81 interchange, in
Winchester, Virginia. The proposed convenience store is expected
to be approximately 2,500 square feet. The proposed site
plan shows two points of access; one lined up with the median
break on U.S. 11, and the other just 210 feet to the east.
In order to study this location, PM peak hour traffic
counts (1985) were obtained from the Virginia Department of High-
ways and Transportation. Based on historical growth trends
on U.S. 11, these 1985 counts were expanded by a yearly growth
rate of five percent to the year 1987 (Figure 1).
The number of trips, into and out of the proposed site,
were estimated using rates published in the Trip Generation Report,
third edition, published by the Institute of Transportation (ITE).
The Summary of Trip Generation Rates is shown on Table 1. The
entering (56) and exiting (56) trips, in the evening, were
based on 2,500 gross square feet of building. These trips were
then distributed according to the percent distributions shown
on Figure 2. The percent distribution was based on assumptions,
that, the majority of traffic will originate and exit west towards
Interstate 81 and the business area traffic originating from
the east will likely enter via the access point to the east. This
distribution is shown on Figure 3. Figure 4 shows these site
volumes combined with projected local volumes.
The median break access point (High Street) was analyzed
as an unsignalized intersection using the volumes presented in
Figure 4. These volumes were analyzed using the computational
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Mr. D. W. Moulden, Sr.
December 30, 1986
Page 2
HIGH STORE
procedures presented in the 1985 Highway Capacity Manual, Special
Report 209 of the Transportation Research Board. The results
of this analysis is shown on Figure 5. An explanation of the
Levels of Service can be found on Table 2.
This analysis reveals an acceptable Level of Service for
all turning movements (Level of Service "A"), except the exiting
left turn from the site. Although this movement shows an "E"
Level of Service, there should be sufficient critical gaps (96)
to accommodate this peak hour movement.
It is anticipated that the proposed access to the site will
adequately accommodate the proposed site traffic without causing
delay or obstruction to motorists traveling on U.S. 11.
If you have any questions or comments regarding the above,
please do not hesitate to contact us.
Sincerely,
WILBUR SMITH AND ASSOCIATES
Michael J. Brugge, P.E.
MJB/cc
Attachments
cc. Mr�,.,».,J "'W Madagan, Sr9
42 Le 45 O mim
ROUTE 11
�— 32Z 3 55
LEGEND
000 LOCAL
Q44 LOCAL
TRAFFIC VOLUMES
PM PEAK
(1 985)
(1987)
f QQ�ur mat a.d—Ajociate9 FIGURE 1
VVcl
Table 1
SUMMARY OF TRIP GENERATION RATES
Land Use/Building Type 24—Hour Open Convenience Market ITE Land Use Code 851
Independent Yariable—Trips per 1 000 Gross square Feet
Average
Trip
Rate
Maximum
Rate
Minimum
Rate
Correlation
Coefficient
Number
of
Studies
Average Size of
Independent
Variable/Study
Average Weekday Vehicle Trip Ends
Peak
Hour
Of
A.M.
Between
7 and 9
Enter
Exit
Z-7,
Total
Adjacent
Street
Traffic
P.M.
Between
4 and 6
Enter
Exit
23,
Total
Peak
Hour
of
A.M.
Enter
Exit
Total
Generator
P.M.
Enter
Exit
Total
Saturday Vehicle Trip Ends
Peak
Hour of
Generator
Enter
Exit
Total
Sunday Vehicle Trip Ends
Peak
Hour of
Generator
Enter
Exit
Total
Source Numbers 78, 87, 90
ITE Technical Committee 6A-6—Trip Generation Rates
Date: 1975, Rev. 1982
�-- SITE
w
w41 w
0
-lo /o
ROUTE 11
SITE TRAFFIC DISTRIBUTIONS
PM PEAK
�6ur FIGURE 2
SmX wd JJJ0c"J
39
w
w
T-
F--
0
kii
SITE
ROUTE 11
"1 -- 5
SITE TRAFFIC VOLUMES
PM PEAK
fur smith and ������ FIGURE 3
SITE
w
w
co
voi
4-q to — W.
ROUTE 11
k- -- 5 -
---- 355
TOTAL PROJECTED TRIPS
PM PEAK
mAu" smitk ��9aciaEe�
FIGURE 4
67 �l[� ��D A56D�(�E�'
FIGURE 5
^ WINCHESTER HIGH ST' WINC�
--i
^ INTERSECTION ;
ROUTE 11 @
ROUTE z1 Co
r-1IGH ST'
PM PEAK 1.987 [BD
uwSIGNALIZEE)
— MAJOR STREET RUNG EAST / WEST
_______________________________________________________________________________
UNSIGNALIZED CRITICAL GAPS
-----------CRITICAL CAPS (SEC)----------
APP LEFT TURN THROUGH RIGHT TURN
--- --------- ------- ----------
ED 6.00 --- ---
WB--- --- ---
SB 8'50 --- 6'50
----------------------------
VOLUME ALLOCATION
---------------------------------------------------
TO
LANES
LANE 1
LANE 2
LANE 3
APP
L T R
______________ ______________
L T
R L
______________
T
R
EB
39 209 N
0 287
0
0 0
0
WB
0 180 0
0 175
5
N 0
0
SB
17 0 0
0 0
39
0 0
0
-------------------------------------------------------------------------------
UNSIGNALIZED
APP
___
�
LANE 1
-------
LANE 2
_______
LANE
_______
3
EB
RESERVE CAPACITY
608
---
---
LEVEL OF SERVICE
A
�
wB
RESERVE CAPACITY
---
---
LEVEL OF SERVICE
S8
RESERVE CAPACITY
96
701
---
LEVEL OF SERVICE
E
A
MAJOR
STREET — EB/WB
Table 2
LEVEL OF. SERVICE DEFINITIONS
ROADWAY SEGMENTS OR
CONTROLLED ACCESS
L.O.S. HIGHWAYS
[&
[:
A
E
E
F
Free flow, low
traffic density.
Delay is not unreasonable,
stable traffic flow.
Stable condition, movements
somewhat restricted due to
higher volumes, but not
objectionable for motorists.
Movements more restricted,
queues and delays may occur
during short peaks, but
lower demands occur often
enough to permit clearing,
thus preventing excessive
backups.
Actual capacity of the
roadway involves delay
to all motorists due to
congestion.
Forced flow with demand
volumes greater than
capacity resulting In
complete congestion.
Volumes drop to zero in
extreme cases.
INTERSECTIONS
No vehicle waits
longer than one signal
indication.
On a rare occasion
motorists wait
through more than
one signal indication.
Intermittently drivers
wait through more than
one signal indication,
and occasionally backups
may develop behind left
turning vehicles, traffic
flow still stable and
acceptable.
Delays at intersections
may become extensive
with some, especially
left -turning vehicles
waiting two or more
signal indications, but
enough cycles with lower
demand occur to permit
periodic clearance, thus
preventing excessive
back-ups.
Very long queues may
create lengthy delays,
especially for left
turning vehicles.
Backups from locations
downstream restrict or
prevent movement of
vehicles out of approach
creating a storage area
during part or all of
an hour.
SOURCE: A Policy on Design of Design of Urban Highways and
Arterial Streets - AASHTO, 1973 based upon material
published in Highway Capacity Manual, National
Academy of Sciences, 1965.
C
La
P
22601
43C00-003-J000-0000-0004-0 MCLAURIN, WILLIE J. E ANNA H. FOREST HOM
RT. 8 3OX 538 LOT 6 1U FT.
WINCHESTER, VA.
22601
43C00-003-0000-0'-,0-0004-A MCLAJRIN, WILLiL r ANNA H. HUNT
RT. 8 3OX 539
AINCHESTER, VA.
22601
43C00-003-J000-0000-0006-0 SANDY, WILLIAM E. HUNT
& 5ERA-'DINE L.
qT. 8 3OX 536
• WINCHESTER♦ VA.
22601
• SUN DAT=• 12/16/86 FREDERICK COJNTY, VI4GINIA
CfiLLI PLANNING & 7EVELOPMFNT LABEL LIST
NAME/
DROPERTY
MAP N0.
/ADDRESS
-----------
DESCRIPTION
-----------
-------
_
** NO "JAMS ON
FILE #
43COO-003-0000-0000-OOJ7-A
MORRIS, ZLARA E.
HUNT
C/O PRJFFITT, CLARA
RT. 8 30X 533
WINCHESTE'R, VA.
22501
- - - - -
** NO NAME ON
FILE r
43CJ0-UO3-J000-0000-00U8-A
RICHARDS, GRACE RIGGS
HUNT
`
SOX 712
LOT 8A
WINCHESTER, VA.
22bJ1
43C00-003-0000-0000-0009-0
RICHARDS, 5RACE RIGGS
HUNT
3OX 712
LOT 9
WINCHESTER, VA.
.
22601
43000-A00-0000-0000-OOU9-3
TAYLOR, CHARLES A.
E. L. ORNDORFF
OLD DOMINIJN SAVIN5S E
LOAN
•
_ _ _ _ _
NO NAME ON
FILE�
NO `DAME ON
FILE
J43C00-003-3000-0000-0003-0
WAYS, JOUGLAS A. & HARRIETT
S.
HUNT
RT. 8 3OX 541
WINCHESTER, VA.
22601
.06 RP Ali 50U
.57 RR Ali 5, UOU
.71 RP RS 8'J00
6:),000
-lAuE 2
LAND IMPRUV.
ACREAGE LONE U/C VALJE VALJE
------- ---- --- ------------
.71 RP RS 6,000 46,601
RP RS 5,000 6S,J::1"
RP Ali 5, JOU
.50 A2 RS 6,000 45,50J
.57 RP RS I,JOU 51.300
Page Three
Rezoning
Please use this page for your sketch of the property. Show proposed and/or
existing structures on property, including measurements to all property lines.
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