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HomeMy WebLinkAbout010-04 A.P.R. Mini-Storage LLC - RA to B1 & B2 - 12.65 Acres - Shawnee - Backfileo � E m p a o 0 m o m d N v Y d y N OLL 0 'a N > U C. y tYi CD c m •d C Z U IIIII LL a > RECEIVED FROM AnnaGczc � 1 DATE vl� NO. a,-) 0 S+,t e 3041 Bill mq=CASH I I 7DUE CHECK I I BY �� �. ORDER m 0 m a i cc DATE: �'�. ��,I No. 3 G 41 RECEIVED FROM ��. � ��Jt ��t� �kDDRESSI N$OL RS $ b FOR t � • 1 MT CASH II AMT PAID C ��T ONEYBALANCE M ORDER ip 4 REZONING TRACKING SHEET Check List: Fee & Sign Deposit Application Form Deed Proffer Statement Plat/Survey Impact Analysis Taxes Paid Statement- Adjoiner List Impact Model Run DATE O a AV Application received/file opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing One 81/2" x 11" black and white location map ordered from Mapping File given to office manager to update Application Action Summary PC public hearing date ACTION: Agl�<� BOS public hearing date ACTION: Signecfcopy of resolution-for,amendmentof ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) / p$— Action letter mailed to applicant Reference manual and D-base updated ile given to office manager to update Application Action Summary (final action) Z Aw File given to Mapping/GIS to update zoning map L!o os Zoning map amended U \CvohCommon\veckmg. rez Revised 05/09/02 LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 October 27, 2010 Mike Ruddy, Deputy Director County of Frederick Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, VA 22601 Dear Mike: rr,T 28 THOMAS MOORE LAWSON • TLAWSON14LSPL('.('OM Re: A.P.R. Mini -Storage, L.L.C. Our File No. 250.006 As a follow-up to our meeting regarding the amended proffers for the property owned by A.P.R. Mini -Storage, L.L.C., enclosed please find a revised rezoning application. Please review it and give me any additional comments. As you know my clients would like to move this forward as soon as possible. Per our agreement, I will circulate the application to the following agencies for their review and comment: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick County Sanitation Authority, City of Winchester, Winchester Regional Airport, Millwood Fire and Rescue Company, Frederick - Winchester Service Authority, and the Frederick County Attorney. Thank you for your assistance in this matter. I look forward to hearing from you. TML.jk Enclosures cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: JSILEWi LAWSONANDSILMCOM F:.IRF%x ADDRESS: 10805 MAIN STREET, SUITE 200. FAIRFAX, VIRGINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (903) 352-4190, E-MAIL: THOMASO.LAWSON(�..VERIZON.NET I REZONING APPLICATION FORM FRED RICK COUNTY, VIRGIiNIA To be completed by Planning Stiff Tree Amount Paid Zoning Amendment Number Date Received PC Hearing Date BOS Ilearing Date The bilovi,ing inforination shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Conimissioncr of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: A.P.R. Mini -Storage, L.L.C. Telephone: (540) 665-2792 Address: 127 Mercedes Court Winchester, VA 22603 2. Properly Owner (if different than above) Name: Address: Telephone: 3. Contact person if othez• than above Name: Thomas Moore Lawson, Esq.Teleplione: (540) 665-0050 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement X 10 L 5. The Code of Vir-inia allows us to request full disclosure of owner -ship in 1•clation to rezoning applications, Please list below all owners or parties in interest of the land to be rezoned: Paul L. Negley, Clement L. Negley, and Cynthia J. Layman 6. A) Crni-ent Use of the P1operty: General office/mini-storage facility B) proposed Use of the property: no change* *Please see attached letter to M. Cheran stating the reasons for this request. 7. Adjoining Property: PARCEL, ID NUMBED USE ZONING 64B-A-33 residential RA 64B-A-33A residential RA 64B-A-39 airport RA 64B-A-40 residential RA 64B_-A-41 residential RA 64-A-88 airport RA 64B-A-33B residential RA 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, rising road names and route numbers): north side of Route 776 about 500' east of the intersection with Route 522 11 9. The following information should be provided according to the type of rezoning pt•oposed Number of Units Proposed Single Family homes: Townhome: _ Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Square footage of Proposal Uses Office: 33,288 Service Station: Retail: Manufacturing: Restaurant: Warehouse: 216,032 Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven clays prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 12 Date: Date: Date: Date: LAWSON AND SILEK, P.L.C. 120 Excrut Diavi: SurrE 200 POST' Or► ICT BOX 2740 \'1'►NCIIES► EII, N A 22604 TFLEFIIONF: (540) 665-0050 F.ACSIA±IL Y- (540) 722-4051 October 5, 2010 Mr. Mark R, Cheran Zoning and Subdivision Administrator The Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 VIA E-MAIL, AND U.S, MAIL Dear Mark: ' HOMAS NI(WRE LAWSON • l'1, 4�5'SO1-ir%I,SPL('.['U�1 Re: A.P.R. Mini -Storage, L.L.C. Our bile No. 250.006 Enclosed please; find a draft Amended Proffer Statement and Rezoning Application for the property owned by A.P.R. Mini -Storage, L.L.C. and designated as Frederick County 'Tax Map No. 6413-A-38. Please note that A.P.R. only intends to -intend the proffer statement that was approved with the original rezoning application and is not seeking a rezoning of the property, The reason for this request is because in the intervening time from the prior rezoning to the present the Airport Authority has bailed to comply with, or even acknowledge the existence. of, an agreement pertainla`to the portion of the p1,0)) :--Fly which hes a(..tjacent to the Airport Authority property. Given the same nay clients see no point in maintaining as a proffer an obligation on the owner to be restricted in its use and enjoyment. of the property especially when there is no apparent agreement between it and the Airport Authority. All other provisions of the rezoning should remain in full force and effect. Once the Amended Proffer Statement is approved my clients look forward to the development of the property as allowed under the rezoning. After you have reviewed the enclosed should you have any questions feel free to give me a call. (.�thc revise, I would ask that y(tu let tYte know the rcview agencies that you expect will be involved in this request. I understand that once i obtain comments from the relevant review FRONT WIVAI, Ann""xx: PITS I' 01'1'11:R BUX 602, FRONTROVA Lv VwGINIA 22630ju FPHONE: (540) 635-941.5, FACSIMILE: (540) 635-9421, B:MAH : Jti1f.Fl:;n,t,;11Y$1)NAN[ISf1.6.K.('O�f FAI"PAX AU0RES5: 1080.5 MAIN 9'FREF. T, SUITE 200, FAIRFAX, VIRGINIA 22030,TRI.vrHONF: (703) 1$2-2615, FACNIAIME: (703) 3$2.4190, E-MAIL: 7'IFOn1ASO.LAa;SONi VEHII.ON.NFT Mr. Mark R. Cheran October .5, 2010 Page. 2 agencies then this matter will be placed before. the Planning Commission and the Board of Supervisors For public. hearing. I'lhank YOU 601- your assistance and cooperation. TML-Jk Enclosures cc: A.P.R. Miiii-Storage, LLC IMPACT ANALYSIS STATEMENT REZONING (PROFFER AMENDMENT) APPLICATION FOR TAX MAP NUMBER 6413-A-38 Introduction This parcel contains 12.6607 acres (see Exhibit # 1) and is located on the north side of Route 776, Bufflick Road, about 500' east of the intersection with Route 522, Front Royal Pike. The parcel is currently zoned B-1 and B-2 (see Exhibit #2), and it is the desire of the current owners to revise one of the proffers submitted with the original rezoning application in 2004 only. All other provisions, restrictions, and proffers will remain unchanged and in frill force and effect. The one proffer which is being sought to be revised is: In addition to the above, the Property Owner agrees not to develop or improve the portion of the Property to be acquired by the Airport Authority containing 5.7432 acres pursuant to the terms of an agreement reached with the Airport Authority. The reason for the requested deletion of this proffer is that the Airport Authority has advised that there is no longer an agreement between the parties relating to the 12.6607 acres. Given the fact the agreement in no longer in existence, the owner sees no point in maintaining as a proffer an obligation which incorporates by reference that agreement. The owner intends to proceed with the development and use of its property consistent with the rezoning which was approved in 2004. That rezoning was very narrow in what it allowed, and the impacts coming from the site, namely traffic, is restricted per the original rezoning and will remain restricted as the development of this property occurs. Following a meeting with Frederick County Planning staff we have at their request provided the following information. As you can see from a review of same, there are no requested changes to the property. A. Suitability of the Site The parcel is well suited for commercial development. The land slopes gently from wide hilltops to drainage swales and could be easily graded to maximize the commercial potential. ■ 100-year flood plains No portion of this property lies within the 100-year flood zone as shown on F.I.R.M. Panel #510063-0155-13, dated July 17, 1978 (see Exhibit #3). ■ Wetlands No wetlands have been identified on the parcel. Some portions of the drainage swales along the eastern boundary line are poorly drained due to previous farm traffic and may show ■ Prime Agricultural Soils As shown on the Soil Survey of Frederick County, Virginia, Map (see Exhibit #4), the parcel contains the following soil types: 3B Blairton Silt Loam 2%-7% slope 41B Weikert-Becks (channery silt loam) 2%-7% 41C Weikert-Berks (channery silt loam) 7%-15% 41D Weikert-Berks (channery silt loam) 15%-25% The soils in these categories are generally shallow to moderately deep. Hard shale bedrock is found at a depth of 15" to 30" below the ground surface. There are no known critical areas on the parcel. B. Surrounding Properties Parcel Number Owner Name and Address Zone/Use ADJOINING OWNERS 64B-A-33 A.P.R. Mini -Storage, L.L.C. RA 127 Mercedes Court 64B-A-33A Marjorie Beaver RA 1400 Opequon Avenue 64B-A-33B A.P.R. Mini -Storage, L.L.C. RA 127 Mercedes Court 64B-A-39 Winchester Regional Airport RA/Airport 491 Airport Road 64B-A-40 Tony Madison Rosenberger RA 223 Bufflick Road 64B-A-41 James E. Wisecarver RA 203 Bufflick Road 64B-A-88 Winchester Regional Airport RA/Airport 491 Airport Road ACROSS BUFFLICK ROAD 64B-A-61 William L. Copenhaver RA 210 Bufflick Road 64B-A-62 James E. Wisecarver RA 202 Bufflick Road 2 64B-A-63 John A. and Donna T. Pearson RA 192 Bufflick Road 6413-A-64 Judan LLC RA 399 Windsor Lane 6413-A-65 Judan LLC RA 399 Windsor Lane 6413-A-66 Judan LLC RA 399 Windsor Lane 6413-A-67 Patrizio Allen Eaves RA 160 Bufflick Road 6413-A-68 John O'Brien RA 152 Bufflick Road 6413-A-70 Milford J. Mathison RA 3920 Northwestern Pike 6413-A-71 Jose P. Hernandez B-1 545 Front Royal Pike C. Traffic PRESENT The parcel is less than one mile from the intersection of Route 50 and Route 522. This intersection is near the Route 50 interchange with Interstate Route 81 with its frontage on Route 776 Bufflick Road being 500' from the intersection with Route 522. Route 776 Bufflick Road is classified as a local road in the 2007 County Comprehensive Policy Plan ("CPP") for Frederick County, Virginia. PAST Traffic Data from Virginia Department of Transportation (2009) Route 522 between Route 50 and Papermill Road 14,000 TPD (2005) Route 776 between Airport and Route 522 500 TPD (2009) Route 645 between Route 728 and Route 522 2,600 TPD FUTURE The Eastern Road Plan Map in the 2007 CPP shows a new major collector road crossing Route 522 near the intersection of Route 776. This new major collector continues northeast from Route 3 522 passing near the northwest corner of this parcel and continues to a new intersection with Route 50. The future traffic impacts for this proposed commercial development have been estimated using the ITE Trip Generation Manual, Sixth Edition, under the category of Mini -Warehouse for the B- 2 portion of the of the property and the category of General Office for the B-1 portion. Based on the attached preliminary sketch plan, there will be a maximum of: 20,000 square feet max potential building area of B-1 150,000 square feet max potential building area of B-2 Using the information from the ITE Manual B-1 20,000 x 11.01/1000 = 220 20,000 x 1.56/1000 = 31 20,000 x 1.49/1000 = 30 20,000 x 2.37/1000 = 47 20,000 x 0.98/1000 = 20 B-2 150,000 x 2.50/1000 = 375 150,000 x 0.28/1000 = 42 150,000 x 0.29/1000 = 44 150,000 x 2.33/1000 = 345 150,000 x 1.78/1000 = 267 Average Vehicle trips Weekday Average Vehicle trips AM Peak Hr. Average Vehicle trips PM Peak Hr. Average Vehicle trips Saturday Average Vehicle trips Sunday Average Vehicle trips Weekday Average Vehicle trips AM Peak Hr. Average Vehicle trips PM Peak Hr. Average Vehicle trips Saturday Average Vehicle trips Sunday The generation of 595 trips per day from 150,000 square feet of mini -warehouse and 20,000 square feet of general office space would have a significant impact on traffic along Route 776 Bufflick Road. Improvement of road infrastructure upon development of this parcel would be necessary. Improvements will include pavement widening and taper, commercial enhance to site, and right-of-way dedication as shown on attached sketch plan and must meet the requirements and approval of the Virginia Department of Transportation and Frederick County Zoning. Potential Impact from high traffic uses allowed in the B-2 zone: Average Vehicle Trips Weekday Lumber Store 150,000 x 40.67/1000 = 6100 Discount Superstore 150,000 x 46.96/1000 = 7044 Retail Center 150,000 x 39.71/1000 = 5956 D. Sewage Conveyance and Treatment Sewage from this parcel will be treated at the Opequon Water Reclamation Facility. An 8" main is located through the north portion of the parcel and a 12" main is located along the south and east boundary lines (see Exhibit #5). 4 Sewage flows for mini -warehouse sites are dependent upon the presence of onsite management. The estimated amount for the 150,000 square foot B-2 area is 500 GPD. The estimated amount for the 20,000 square foot B-1 area is 6,000 GPD. Hence, a combined total of 6,500 GPD is estimated. E. Water Supply A 16' water main currently serves this site. Water is provided by the Frederick County Sanitation Authority. F. Drainage Three (3) natural swales carry the runoff from this parcel. They eventually flow to Sulpher Spring Run. Storm water management will be required if this parcel is developed. During the site plan process the storm water management will be designed as required by Frederick County code and approved by the Frederick County Public Works Department. G. Solid Waste Disposal Facility The Frederick County Landfill is the nearest solid waste facility. It is approximately three (3) miles northeast of this parcel. The amount of solid waste generated by the developed parcel has a maximum potential estimated at 200 pounds per day. H. Historical Site and Structure There are no known historical sites or structures as listed on the Virginia Landmarks Register and the National Register. No major battlefield or fortification/entrenchment exists on this parcel as represented on the Civil War Battlefields and Sites map included in the 2007 CPP. I. Impact of Community Facilities Education: No impact expected Police Protection: Minimal impact (provided by Frederick County Sheriff's Department) Fire & Rescue Protection: Minimal impact (Millwood Volunteer Fire & Rescue is within two (2) miles of this parcel) Parks & Recreation: No impact expected Solid Waste Disposal: Minimal impact J. Other Impact No other significant impacts are expected. 5 RrmnAlu Ln/, xr ilna/1'sh rnx nr Rv1 rl 11) a 64B . '•eft;' J6' OAx 1Rt TAf 64B-((A))-JJA AfARJORIE G. BEEAVER INST./0J0000667 IRF OFFUNE 0.20'- TM 64B-((A))-JJ RALPH C. BEAVER & KATHLEEN H. BEAVER OB 406 PG JIB IRF O£T11NE 1.49 ' TM 648-((A))-JJB RALPH L. BEAVER & KATHLEEN H. BEAVER OB 404 PB 62J BRICK POST 0 17.06' 2 S I I-E \10111T 1AAr SCAI(- 1 2000 1 ,�••�"•", • •.r IAI 64 ((A)) - 88 II IV I U S 1 f R RI GIONAI AIRrOR l AI/ 11 i 1RI11 V17 423 PC. JO OB 440 Pr. 837 OB 659 P1, 175 S 61'l1'45' E IRT 552 92' - � CX i0UlI(I1Y fSAII 00 670 rC 5o4 IRf Off(INf 2 48' Z O O �o ,y b TAf 648-((A))-J8 Lq RICI (ARO L NICI fOl SON, JR, INST IO IOO13568 12.6607 ACRES Ir,F I� i (X 40' U1I117)' (541f — OB 670 PG 504 1 ( 3 I I O a£X On'C((rNG IN N 5952 03' W — 5J6.00'I RTE. 776 BUFFLICK ROAD 1500 ' TO INTX. (JO PRESCRIPTIVE R/14) US. RTE. I I EGEND: ?F = IRON R£BAR FOUNO ?S = IRON REBAR SET IAf 640-((A))-39 IM 648-((A))-40 EONA S. ROSENBERGER OD 283 PG 68 IAI 640-((A))-41 JAAfES C. 117SECARV£R OR 240 PG 347 1 � IRS 4T 15.00' 0 100 200 4 SGI(F. I" = 200" NOTES: ---------- 1. NO TITLE REPORT FURNISHED. EASEMENIS 011JER TITAN SHOIIN AIAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN TILE 100 YEAR FtOOO [ONE AS SIIOIVN ON PANEL /51006J-0115-8, DATED ✓ULY 17, 1978. Tit op BOUNDARY SURVEY PLAT ` f2.6607 ACRES f�STANDING IN THE NAME OF RICHARD L. NICHOLSON, JR. SHAWNEE MAGISTERIAL. DISTRICT, FREOERICK COUNTY, VIRGINIA !DARRENS. FU GATE: DUNE II, 200J SCnIE: I" = 200' FIDE/: OJ-006 NO. 2 557 Foltz Land Surveying, Inc. NO SVRIEtO� P.O. Box IJ Slevhens C Ir, Y.9;n:o 22655 FOF Phone /: 540-323-1497 Fox 1.- 540-866-2963 emod: folltOrswTmk.com Exhibit # h - Boundary Survey Boundary Survey Ownership Update Tax Map Previous Owner Current Owner Instrument Number Number 6413-A-33 Ralph L. Beaver and A.P.R. Mini -Storage, L.L.C. 080001285 Kathleen H. Beaver 64B-A-33B Ralph L. Beaver and A.P.R. Mini -Storage, L.L.C. 080001285 Kathleen H. Beaver 6413-A-40 Edna S. Rosenberger Tony Madison Rosenberger 040011245 ReaoIL&W 11j)I).Hf A1)Aj tls SL7/fI)K'I)I Pure'l11) N 64B.((A)).78 SC At ,I 2000 ... ..... .. ... IAI - — _ IIINCl1l S 1 E R BECK fl-il AINrUI; t A11J110A-11) CO 440 rC Af7 J6OAK 1`R 650 I-C 175 IRII S 6VI1'45' E Ir,I 52 92' - �---Lr. ill• Clll(I/1 f5br ('R 6,1t rG 504- lRr Elfl(lf:L. 248, v , IAI 64B-((A))-J3n $ lAr 6413 (jA MAR✓ORIE C. BEAVER e o INST 10J0000667 4i , to rt o n IAI 648-((A))-J8 M CO RICIIARU L. N/ClfOL50l{ JR. INST.fOI000568 ti 12.6607 ACRES rrI IRF orruNE 020, 1 [If 648- A 40 111,I4 s RLJSENrErcl R TM 648-((A))-JJ , IV 28,i r,: 68 RALP11 L. BEAVER & e� v I(ATHLEEN H. 861VER (SArI O8 406 PG J18 B-2 JO.11JI AC. I`�I 3 va 6.'0 rc 504 IRF 0MINE 1.49' ----, S 61'45 05" E 540.42' 0 (()) B-1 2.547J AC.' [At 648- A -JJB o 0 1Af 648-(�i111-4I RALPH L. BEAVER & £X. VIUM IG v; o, O NI ti ✓AYES C. WlSECArtER KATHL£EN H. BEAVER 00 240 PC 347 OB 404 PB 62J - ^ N 5952 0J" if, _ SJ6.00_I il BRICK POST — — — — — — — — — 0 17.06, RTE. 776 - BU(n/CK ROAD 1 (JO' rRESCR/PTAE R/11) Ir5 a 15 00' 1500' TO INTX. U.S. RTE. I EGENO: Y =IRON R£BAR FOUNO ?S = IRON REBAR SET 0 lM WO 40,� _ SCAI f: I' = 200' NOTES.' - -- - - - - 1. NO TITLE REPORT FURNISHE0. £AS£M£NIS 01HER f/fAll S11011I1 .1r11 0151, 2. NO PORTION OF T11IS PROPERTY LIES 11'111j1N 111E WO TEAR rto(?D l" Ir ,1c S1/0111I 7vl FIRM. PANEL (r51006J-0115-8, 0ATE0 JULY 17. 1978. PLAT SHON 11M AREAS 1-0 OE RF20,%,EO T�� OF Ll TAX PARCEL M 64B—((A))-38 — 12.6607 ACRES ��'� STANOIAC 1N TRF. ,%'AAIf Of- A. P. R. MINI-STORACE, L. L.C. 0 y SNAMIEE MAMtERIAI DIStRICt, frEDEPI x COuuTr, OPCHIIA U DARREN S. FOLTZ Y DATE: MARCII i, 2004 SCALE: I- - ;�0' FILE/: 03-096 1J0. 2257 Foltz Land Surveying, Inc. f. ��O SUR` 0 P.O. Po■ 2J SleOhe"s Ci(y, lira+n,o 22655 sNEE, 1 Phene /: 540-32J-1497 For /.• 54()_869-29&1 Ctr email: rolfr4.+1voRnt.cc_ Exhibit N2 - Boundary Survey w/ Rezoning Acreage Boundary Survey Ownership Update Tax Map Previous Owner Current Owner Instrument Number Number 64B-A-33 Ralph L. Beaver and A.P.R. Mini -Storage, L.L.C. 080001285 Kathleen H. Beaver 64B-A-33B Ralph L. Beaver and A.P.R. Mini -Storage, L.L.C. 080001285 Kathleen H. Beaver 6413-A-40 Edna S. Rosenberger Tony Madison Rosenberger 040011245 A A"/ EA 0 WIN CHESTER MUNICIPAL T AIRPORT 1� O O p / c Exhibit 03 -Flood Map i .li(ri ui a 041) fL111.79 36 ! r 1.38 3a ' 3C - r ,4 y 4."1 h 1 B 1 D ,' 4 16 +v - -'b ,•�'; ' 1/ IB ' arers Vall�'r 1 E ; �� t �C _41C Utz �C 41 r . I' •��j1 t 36 `•',,,•fit . � '� � i 1 <: tom: � :•. ''... 3E3 � \�s�,� _ • i 41 D.; Exhibit #4 - Soils Map Exlvbit #5 - FCSA Water & Sewer Map OUTPUT NODULE APPLICANT: FOLTZ Net Floal Impact LARD USE TYPED 1, B2 Costa cl LMQWe CM= Cadtta t0 he Takr REAL EST VAL $15.227.968 ReglAfed (entered In Cur. Budget Cur. Budoet Cap. Fours CIP/ FIRE 3 RESCUE 9 Caoltsi Facill1i . cot sum oNy) fltbr Coo Equip E1>�6/I?��. 7e+e+ Cllrr Fife and Rescue Depwtmenl $113,573 ElementarySchacta $0 Middle Schools So So so HlgA 8chods SO Parka and Recreation SO SD Public LJbmry $O $V Sherfirs OfMces $O 39.711 $0 $0 Administration Sulldhg S0 30 Other Miscellaneous Facilities so 323 204 $25 7o7 BLMTOTAL s116,573 S32,995 S2e.707 So LESS: NET FISCAL IMPACT 211,411,542 NET CAP, F=LlnE3 IMPACT INDEX: '1.0" Il Cap Equip hduded 1.0 INDEX '1,0' ff Rev -Coat Bel, V.0' M Ratio b Co Avg: 0.0 PLANNING DEPT PREFERENCE! 1.0 1.0 Total Palerrtlal Ad}laln— For Tax Credits, Revenue- Nei CapIW Nei Coll Pew II)-aLou ItodI C=1 aalatra btdaintmpaG Drank 0.thyt f0 SD SttO.m ERR " so s0 30 ERR so So 3D ERR so So So ERR 39,711 $9,711 f0 ERR $0 34 30 ERR $ 0.991 j42.991 So ERR $50.702 S5e,7w $59A71 ERR SIIA11.542 $11AI1,542 Reo-cant Dal a 1.000 Ratio to Co Avg a 1.342 METHODOLOGY 1. CapIW &CM1ee requiremwift are IapA to he abet column as tabulated in Cm model. 2. Net Fiscal ►npact NPV from operations altuistlons Is tnput In raw lour d second coiumn aem tf negadvok included are iho anal me taroee/fese k1r one rear only at fW1 value. 3. NPV of future oper cap squfp (elect Paid In third ootumn as esieLdeled In flecal Impacts. 4. NPV of future capital axpendl lure tame pold In fourth cot K a0oulatad In flacat Impacts. 5. NPV of tutus tam paid to bring currant 00unly up to standard for now faclltsee, as calculated for each now facility. 0. Columns three through Ave are added as Polenilal credits agslnal the calculated capital facfltUea requlrsmanfs. These era ad)uslod for percom adeoata coveted by the revenues from the propect (actual, or as ratio to avg. for aft residential devdnpmenl). NOTE Proffer oalculallons do not inclvda Iraosrde Interest because fry are cash psymenta up fnlnt Credl to do Irntude lrftmsl tf the Prc)etta are 60bt fl nenced NOTES: Modal Ron Data OWMAXI A SK Project Deeadpllerz Assumes 246,320 sq.ft retad on 2.56 acres zoned B 1 Diellct and 10.11 aclos zoned 82 DlrMc On to changing oondJllona associated with devafopment in the Coarty, the results of this Output Modulo may not be vafld beyond a period of 90 days from the model nm data. 2OC12MODEL Amended Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property, after request for the same from the Virginia Department of Transportation. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property ("Necessary Improvements"). Further, after agreement with VDOT and Property Owner regarding the Necessary Improvements, the Necessary Improvements shall be installed by the Property Owner within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses other than that of a mini -storage and office building on the site for so long as any property in the neighboring vicinity (within fifty (50) yards) is no longer used or zoned for residential purposes. Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and/or otherwise permitted or allowed to operate as a commercial use (excluding home occupations or cottage occupations, as those terms are currently defined by the Frederick County Zoning Ordinance), then the above stated proffered out uses shall terminate automatically. In addition to the above, the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini -storage does not exceed said restriction. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. Date: By: Paul Negley Its: Manager COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to wit: The foregoing instrument was acknowledged before me this day of , 2010, by Paul Negley, Manager of A.P.R Mini Storage, L.L.C. Notary Public My commission expires: Registration No.: ViewDetail Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2010 REAL ESTATE TAXES .......__ Department# : RE2010 Ticket #: 1 280001. FRQ:F Sup#: Iv— Name: A.P.R. MINI STORAGE LLC Account#: 120327 Name 2: _._...... Map#: 64B A 38 Address: 127 MERCEDES CT Description: 12.66 ACRES WINCHESTER VA 22603 Bill Date: 06/05/2010 Due Date: 06/07/2010 Land: $924,000 Improve: $95,800 Use: Minerals: Original Bill: 2,600.49 ; Payments: $2,600.49- Acres: 12.66 Penalty Paid:1 Int Paid: Amount Owed:!, Other: Last Date: 1 06/08/2010 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website main. Date Type Transaction # Amount Balance 6/5/2010 Charge 0 $2,600.49 $2.600.49 6/7/2010 Payment 63716 ($2,600.49) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. ,New, Search Previous https:Htaxes.co.frederick.va.us/Applications/REPublicInquiry/ViewDetail.aspx 10/25/2010 f ViewDetail Page 1 of 1 Real Estate Public Inquiry Ticket Detail 2010 REAL ESTATE TAXES Department# : RE2010 Ticket #: 1 280002 FRQ:V Sup#: P— Name: A.P.R. MINI STORAGE LLC Account#: 120327 Name 2: Map#: 164B A 38 Address: 127 MERCEDES CT Description: 112.66 ACRES WINCHESTER VA 22603 ----- Bill Date: 12/05/2010 Due Date: 12/06/2010 Land: 1—$924,000 Improve: 1 $95,800 Use: Minerals: Original Bill: $2,600.49 ° Payments: Acres: 12.66 Penalty Paidd Int Paid: Amount Owed:j $2,600.49 Other:` Last Date: 12/05/2010 Total Owed: $2,600.49 Pcnalty: Interest: I Note that if payment has been received within the last 10 business days. any returned items may not be posted at this time. Please check the vvebsite again. Bate Type Transaction # Anionnt Balance 12/5/2010 Charge 0 $2,600.49 $2,600.49 1 Use the print key for your browser to print a copy of taxes paid for this:year. New Search Previous https://taxes.co.frederick.va.us/Applications/REPubliclnquiry/ViewDetail.aspx 10/25/2010 7563-5316 EBY/cmj M W o rx o z o H • Q' Ha � w a w o F cn z o a UFt� 030013914 0 o N THIS DEED, made and dated this 27t° day of June, 2003 by and between RICHARD L. NICHOLSON. JR.. hereinafter called the Grantor, and A.P.R, MINUSTORAGE L L C , a Virginia Limited Liability Company, hereinafter called the Grantee and LEONA M. NICHOLSON, by her Attorney -in -Fact Richard L. Nicholson, Jr., party of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with the improvements thereon, lying and being situate in Shawnee District, Frederick County, Virginia about one and one-half (1 1/2) miles Southeast from Winchester, on the North side of the Bufflick Road a short distance East from the Winchester and Front Royal Turnpike, containing fourteen (14) acres, more or less. AND BEING the same property conveyed to Richard L. Nicholson, Jr., by deed from Leona M. Nicholson dated October 3, 2001 of record in the aforesaid Clerk's Office as Instrument Number 010013568. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. The party of the third part joins in the execution of this conveyance to relinquish her life estate in the subject property. WITNESS the following signature and seal: L, U-J�C61— (SEAL RICHARD L. NICHOLSON, JR. g4,0'71A— I �Ga�! OY�. (SEAL) ONA M .NICHOLSON, by her Attorney -in -Fact chard L Nicho1son, I. STATE OF VIRGINIA COUNTY OF FREDERIC& To -wit: 1, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27' day of June, 2003, has personally appeared before me and aclmowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27t° day of June, 2003. My commission expires 12131/04. Notary Aublic o NpTARY•''T •or 0 00 STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Leona M. Nicholson, by her Attorney -in -Fact Richard L Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 2r day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 2r day of June, 2003. My commission expires 12/31/04. Notary Pdblic TU wows yr p q— Df Each & how [v7Aw.e.9, ).h—k MdU. • BWn• PLC 112 3-1h ate. mw WW-hM., v.µ,.uw\ (W) M2 346 c.\WPWCB\u..a.\.p—isto q*.f« w0 3 A. • O + J co AFFIDAVIT ut (Pursuant to Section 11-9.2 of the Code of Virginia) STATE OF VIRGINIA COUNTY OF FREDERICY, to -wit: This day personally appeared before me the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, Richard L Nicholson, Jr., (the "Affiant"), who, after being first duly sworn, deposed and said as follows: 1. That the Affiant is Attorney -in -Fact for Leona Murray Nicholson under Power of Attorney dated October 3, 2001. 2. That at the time of executing and delivering the deed dated June 27, 2003 to A.P.R. Mini -Storage, LLC., the Affiant has not received actual knowledge or actual notice of the revocation of termination of said Power of Attorney by death, disability or otherwise, or notice of any facts indicating same. 3. That the property is one and the same as that parcel known as 171 Bufflick Road, containing 14 acres, more or less in Shawnee District, Frederick County, Virginia. Executed upon oath this 27m da�/Z of J e, 3.� � 1 (SEAT,) CHARD L NICHOISON, JR., Atto -in-fact for Leona Murray Nicholson Subscribed and sworn to before me this 2r day of June, 2003. My commission expires 12/31/04. VIRGINIA. FREDERICK COUNTY, SCr. Notary ""' Ibis instrument of writing was produced to me on *� 6-a%'Q3 i�_n2JOM~,ptARY�Ii az ,d with =dSkate of admowtedgmuent thereto annerei �a as admitted to record. Tax imposed by Sea 58.1-M of 4 ►+• C. c S •OQ , and 58.1-801 have been psid, if assessable U ©` , OCT 6 2M LAWSON AND SILEK, P.L.C. 120 EXETER DRIVE, SUITE 200 -� POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 THOMAS MOORE LAWSON • I LAW'SONA1,SPL('.('OM FACSIMILE: (540) 7224051 October 5, 2010 Mr. Mark R. Cheran Zoning and Subdivision Administrator The Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 Re: A.P.R. Mini -Storage, L.L.C. Our File No. 250.006 VIA E-MAIL AND U.S. MAIL Dear Mark: Enclosed please find a draft Amended Proffer Statement and Rezoning Application for the property owned by A.P.R. Mini -Storage, L.L.C. and designated as Frederick County Tax Map No. 64B-A-38. Please note that A.P.R. only intends to amend the proffer statement that was approved with the original rezoning application and is not seeking a rezoning of the property. The reason for this request is because in the intervening time from the prior rezoning to the present the Airport Authority has failed to comply with, or even acknowledge the existence of, an agreement pertaining to the portion of the property which lies adjacent to the Airport Authority property. Given the same my clients see no point in maintaining as a proffer an obligation on the owner to be restricted in its use and enjoyment of the property especially when there is no apparent agreement between it and the Airport Authority. All other provisions of the rezoning should remain in full force and effect. Once the Amended Proffer Statement is approved my clients look forward to the development of the property as allowed under the rezoning. After you have reviewed the enclosed should you have any questions feel free to give me a call. Otherwise, I would ask that you let me know the review agencies that you expect will be involved in this request. I understand that once I obtain comments from the relevant review FRONT ROYAL ADDRESS: POST OFFICE B)\ 602, FRONT RO\AL, VIRGINIA 22630. TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: JSILEK(A'LAWSONANDSILEK.COM F AIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRGINIA 22030,TELEPHONE: (703) 352-2615, FACSIMILE: (703) 3524190, E-MAIL: THOMASO.LAWSON(CVERIZON.NET Mr. Mark R. Cheran October 5, 2010 Page 2 agencies then this matter will be placed before the Planning Commission and the Board of Supervisors for public hearing. Thank you for your assistance and cooperation. TML:jk I Enclosures cc: A.P.R. Mini -Storage, LLC mire c;fin F­i � V, Amended Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property, after request for the same from the Virginia Department of Transportation. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle hips attributable to this property ("Necessary Improvements"). Further, after agreement with VDOT and Property Owner regarding the Necessary Improvements, the Necessary Improvements shall be installed by the Property Owner within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses other than that of a mini -storage and office building on the site for so long as any property in the neighboring vicinity (within fifty (50) yards) is no longer used or zoned for residential purposes. Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and/or otherwise permitted or allowed to operate as a commercial use (excluding home occupations or cottage occupations, as those terms are currently defined by the Frederick County Zoning Ordinance), then the above stated proffered out uses shall terminate automatically. In addition to the above, the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini -storage does not exceed said restriction. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. Date: By: Paul Negley Its: Manager COMMONWEALTH OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, to wit: The foregoing instrument was acknowledged before me this day of , 2010, by Paul Negley, Manager of A.P.R Mini Storage, L.L.C. Notary Public My commission expires: Registration No.: REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To he coinl-Veted by Planning Staff Fee Amount Paid $ _ Zoning Amendment Number _ Date Received PC Hearing Date BOS Hearing Date The folloiving infoi-ination shall beProWded vy the aj3plicant; All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Dent Street, Winchester. 1. Applicant: Name: A.P.R. Mini -Storage, L.L.C. Telephone: (540) 665-2792 Address: 127 Mercedes Court Winchester, VA 22603 2. Property Owner (if different than above) Name: Address: 3. Contact person if other- than above Telephone: Name: Thomas Moore Lawson, Esq.Telephone: (540) 665-0050 4. Checklist: Check the following items that have been included with this application. Location map Agency Comments Plat Fees Deed to property Impact Analysis Statement Verification of taxes paid Proffer Statement X _ 10 5. The Code of Viz inia allows us to ►-equest full diseloslll,e of ownership in relation to ►•ezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Paul L. Negley, Clement L. Negley, and Cynthia J. Layman 6. A) Current Use of the Property: General office/mini-storage facility B) Proposed Use of the Property: no change * *Please see attached letter to M. Cheran stating the reasons for this request. 7. Adjoining Property: PARCEL ID NUMBER 64B-A-33 64B-A-33A 64B-A-39 64B-A-40 64B-A-41 USE residential residential airport residential residential 64-A-88 airport 64B-A-33B residential RA RA RA RA RA RA ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): north side of Route 776 about 500' east of the intersection with Route 522 11 9. The following information should be provided according to the type of rezoning proposed Number of Units Proposed Single Family homes: Townhome: Multi -family: Non -Residential Lots: Mobile Home: Hotel Rooms: Sckuarc footage of Proposed Uses Office: 33,288 Service Station:_ Retail: Manufacturing: Restaurant: Warehouse: 216, 032 Other: 10. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. 1 (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven clays prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as Lobe visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 12 Date: Date: Date: Date: Wo P11 V COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 January 13, 2005 Thomas M. Lawson, Esquire PO Box 2740 Winchester, VA 22604 RE: REZONING #10-04, A.P.R. Mini -Storage, LLC Dear Mr. Lawson: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 12, 2005. The above -referenced application was approved to rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District; total acreage being 12.6607. The subject property is located on the north side of Route 776 about 500 feet east of the intersection with Route 522, and is identified with Property Identification Number 64B-A-38, in the Shawnee Magisterial District. The proffer that was approved as a part of this rezoning application is unique to this property and is binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, ���� �� . t_ Cam, ��✓'�<< ` ,^�--� Candice E. Perkins Planner II CEP/bad cc: Paul Negley, A.P.R. Mini -Storage, LLC, 127 Mercedes Ct., Winchester, VA 22603 Darren Foltz, Foltz Land Surveying, PO Box 23, Stephens City, VA 22655 Gene Fisher, Shawnee District Supervisor William Rosenberry and Robert Morris, Shawnee District Planning Commissioners Jane Anderson, Real Estate 107 North Kent Street, Suite 202 o Winchester, Virginia 22601-5000 0 REZONING APPLICATION #10-04 A.P.R. MINI-STOARGE, LLC Staff Report for the Board of Supervisors Meeting Prepared: December 30, 2004 Staff Contact: Candice E. Perkins, Planner II This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: 08/18/04 Board of Supervisors: 09/08/04 Board of Supervisors 11/10/04 Board of Supervisors 01/12/05 Action Recommended Denial Tabled at Applicants Request Tabled to Review Revised Proffers PROPOSAL: To rezone a total of 12.6607 acres from the RA (Rural Areas) to the B 1 (Neighborhood Business) District and the B2 (General Business) District. This application seeks to rezone 2.5473 acres from RA (Rural Areas) District to B1 (Neighborhood Business) District and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. LOCATION: The subject acreage is located on the north side of Route 776 about 500 feet east of the intersection with Route 522 MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64B-A-38 PROPERTY ZONING: RA (Rural Areas) PRESENT USE: Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Unimproved/Airport South: RA (Rural Areas) Residential East: RA (Rural Areas) Residential West: RA (Rural Areas) Residential • REZ #10-04, A.P.R. Mini -Storage, LLC Page 2 December 30, 2004 PROPOSED USE: General Office/Mini-Storage REVIEW AGENCY EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Route 776. This route is the VDOT roadway which has been considered as the access to the property referred. VDOT is satisfied that the transportation proffers offered in the APR Mini Storage, LLC rezoning application dated April 9, 2004 address transportation concerns with this request. Department of Public Works: All of our previous comments have been addressed. Therefore, we recommend approval of the subject rezoning. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not impact historic resources. The Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any battlefields or significant historic structures either on or adjacent to the subject properties. Winchester Regional Airport: See letter from Serena Manuel, Executive Director, dated February 19, 2004. See Leller firom Serena Manuel dated June 21, 2004. Frederick -Winchester Service Authority: No comment. Sanitation Authority: Water and sewer capacity is available. Frederick -Winchester Health Dept.: Health Dept. has no objection to rezoning. Central water and sewer provided. Frederick County Fire Marshall: Water supplies for firefighting and access shall be identified during the site plan process and meet the requirements of Frederick County Code Section 90-4 and the Fire Prevention Code in effect at the time. Roadway improvements may be necessary. The Millwood Station Volunteer Fire & Rescue provides the protection as well as Emergency Medical Services to the parcel. The Impact Analysis Statement indicates over one hundred thousand dollars impact on these services but the Proffer Statement does not indicate a monetary contribution. Millwood Station should be provided an opportunity to comment on the project. Plan approval recommended. First Responder - Millwood Fire & Rescue Company: Proper hydrant space as well as 24 access to the site. Frederick County Attorney: No comment. • 0 REZ #10-04, A.P.R. Mini -Storage, LLC Page 3 December 30, 2004 PlanninL, & Zoning: 1) Site History: The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcel as being zoned B-1 (Business General). The parcels were re -mapped from B-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition #012-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Site Suitability: The subject property does not contain any environmental features or constraints that would either hinder or preclude site development. In particular, the site does not include any areas of steep slopes, flood plain, or wetlands/hydrologic soils. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. It is noted that the Weikert-Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. It is noted that the majority of the site is open. As reported in the Impact Analysis Statement, there are some mature trees located along the north boundary line, but the site is generally considered to be without mature woodlands. 3) Comprehensive Policy Plan: The subject property is located wholly within the Sewer and Water Service Area (SWSA), and is included within the boundaries of the Route 50 East Corridor Land Use Plan. The Route 50 East Plan envisions the area that includes the subject parcel as developing with business/office land uses. (Comprehensive Policy Plan, p. 6-19) The subject parcel is also located within the boundaries of the Airport Support Area that surrounds the Winchester Regional Airport. This area comprises a zone of influence for airport operations wherein the development of business and industrial land uses is promoted to minimize conflicts and ensure the feasibility of future airport expansion. (Comprehensive Policy Plan, p. 6-61, 6-63). The Airport Authority has initiated efforts to obtain a portion of the subject property to serve airport runway approach areas. (See letter from Serena Manuel, Executive Director of the Winchester Regional Airport, dated February 19, 2004) 0 • REZ #10-04, A.P.R. Mini -Storage, LLC Page 4 December 30, 2004 4) Potential Impacts A. Transportation: As noted in the Impact Analysis Statement, the applicant has identified 20,000 square feet of office use(s) and 150,000 square feet of a mini -storage use as the identified land uses on the subject 12.6607 acre site. To project the traffic impacts associated with such a land use scenario, the applicants employed trip generation data for office and mini warehouse facilities published in The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6"' Edition. The trip generation figures provided for mini warehouse for the B-2 portion are 540 average vehicle trips (VPD) per 1,000 square feet of floor area on weekdays and 503 VPD per 1,000 square feet of floor area on Saturdays. The trip generation figures provided for general office in the B-1 portion are 367 VPD per 1,000 square feet of floor area on weekdays and 79 VPD per 1,000 square feet of floor area on Saturdays. The projected traffic generated by the applicant's proposal would therefore range between 907 VPD (weekdays) and 582 VPD (Saturdays). VDOT Comment: The documentation within the application to rezone this property appears to have a measurable impact on Route 776. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the APR Mini Storage, LLC rezoning application dated April 9, 2004 addresses transportation concerns associated with this request. The segment of Bufflick Road serving the subject parcel is comprised of two (2) travel lanes. The applicants have proffered that a traffic impact analysis (TIA) shall be prepared should the initial site plan provide for a land use with a traffic generation projections exceeding 600 VPD that utilizes Bufflick Road. After the issuance of any second or subsequent site plan and issuance of a Certificate of Occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If the counts reveal that more than 600 VPD are generated from this property, the property owner shall conduct the TIA. The TIA will identify necessary improvements required to the road system for vehicle trip as attributable to this property. After agreement with VDOT and the property owner, the agreed road improvements shall be installed within nine (9) months. Planning Staff Comments: • The addition of trips to public roads is acknowledged as a discernable impact of all new development. However, as per VDOT's comment above, Bufflick Road should be able to adequately accommodate the trip generation projections associated with this application. Staff concurs with VDOT that the improvements proffered by the applicant are sufficient to address the transportation impacts of the proposed REZ #10-04, A.P.R. Mini -Storage, LLC Page 5 December 30, 2004 rezoning; however, staff does have concerns regarding the wording of the transportation proffer. • The proffer only refers to the initial site plan for the property, meaning that only the first site plan may trigger transportation improvements. The applicant is making an effort to deal with the possibility of a use on the site that has a more intensive use than what is currently proposed; however, the current proffer is limited in that only the initial site plan would trigger improvements in advance of development activity in response to projected impacts. • Under the current proffer statement, if a mini -storage facility is initially constructed on the B-2 portion of the site and does not exceed 600 VPD, a TIA would not be required at site plan. If a subsequent site plan for an additional use is approved for the site, actual trip counts will be the basis to determine whether trips will exceed 600 and a TIA is required. Once the TIA is completed, VDOT and the owner would come to agreement about the improvements that need to be installed. Upon reaching this agreement, the owner has nine (9) months to install the improvements. Thus, improvements would only occur after impacts have been introduced to the community, rather than prior to the development based upon traffic projections. B. Historic Resources: The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed rezoning. Moreover, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. C. Sewer and Water: The Frederick County Sanitation Authority (FCSA) is authorized to serve the subject site with public water and sewer due to its location within the SWSA and UDA. The FCSA is the agency responsible for the operation and maintenance of the public water and sewer system to include the Diehl Water Plant and the Opequon Water Reclamation Facility, which are the primary treatment facilities that will serve the commercial uses of the property. At the build out that the applicant is proposing, it is projected that the proposed commercial developments on both the B-1 and B-2 portions will generate an average daily sewage flow of 6,500 GPD. The applicant indicates that the sewage from this site will be conveyed to the Opequon Water Reclamation Facility for treatment. Sewage conveyance is expected to occur via an existing eight inch main that is located thorough the north portion of the parcel and a 12" main located along the south and east boundary of the site. The applicant has indicated that the water will be supplied to this site through an existing 16" water main. 0 0 REZ #10-04, A.P.R. Mini -Storage, LLC Page 6 December 30, 2004 D. Airport Acquisition Areas: The Winchester Regional Airport Authority has slated the northern five acres of this site for fee simple acquisition. This capital project is included in the Airports Twenty Year Master Plan, Frederick County's Capital Improvements Plan and the Five Year Plan for the Virginia Department of Aviation and the Federal Aviation Administration. The acquisition of this portion of the parcel is necessary because it is located within the Airport's FAR Part 77 primary surface and/or approach surface. The airport has recently completed appraisals of the 5.40 acre site and is prepared to initiate offers to purchase. Winchester Regional Airport: See letter from Serena Manuel, Executive Director, dated February 19, 2004, which states, in part: "The parcel of land you are requesting a rezoning for includes a section of approximately 5.40 acres adjacent to existing airport property identified by the Winchester Regional Airport Authority for fee simple acquisition............... "Land acquisition is necessary because many of the identified parcels are located within the Airport's FAR Part 77 primary sari face and/or approach sin face. Under the Federal Aviation Administration's Part 77 Surface Requirements, the Airport is required to oivn fee simple properly within the Primary Surface ". (excerpt from Airport comment) See Letter from Serena Manuel dated June 21, 2004. Planning Staff Comments: Approval of this rezoning will enable the applicant to proceed through the development procedure, possibly resulting in the construction of structure within the area identified for airport acquisition. 5) Proffer Statement The applicant has submitted a proffer statement which has been signed by the property owner, notarized and reviewed by the County Attorney's office. The following is a list of the conditions voluntarily proffered by the applicant: • A monetary contribution of $3,000 to Frederick County for the Millwood Fire and Rescue Company at the time the first building permit is issued. • A traffic impact analysis (TIA) for the site will be completed should the initial site plan provide for a land use with traffic generation projections exceeding 600 VTP that utilize Bufflick Road. • Said TIA will identify improvements to the road system that will be installed by the applicant during the initial site development phase or at such time as determined by VDOT. • All uses other than a mini -storage facility and an office building have been proffered out on the site for so long as any property in the neighboring vicinity (within 50 yards) is no longer used or zoned for residential purposes. 0 0 REZ #10-04, A.P.R. Mini -Storage, LLC Page 7 December 30, 2004 • Structures on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. PLANNING COMMISSION SUMMARY & ACTION OF THE 08/18/04 MEETING: The applicant's representative submitted a revised proffer statement which specified that a traffic impact analysis (TIA) would be conducted, should the initial site provide for a land use with traffic generation that would exceed 600 vehicles per day (VPD) on Bufflick Road (Rt. 776). If any second or subsequent site plan is done for the property, the owner will conduct actual vehicle trip counts and in the event said counts determine more than 600 VPD, a TIA will be completed to identify necessary road improvements to be accomplished by the property owner. The Executive Director of the Winchester Regional Airport gave an overview of the airport's 20- year master plan which identified land acquisition of properties after the completion of the airport's major safety capital improvements. The airport's executive director indicated that the capital improvements have been completed and the airport is now focusing on land acquisition; one of the parcels the airport is acquiring this year is a portion (5.96 acres) of the A.P.R. mini -storage site. After the airport acquires the designated parcels, all structures or improvements will be removed from the site. It was noted that the airport will be a designated reviewing agency for development of any adjacent parcels surrounding airport property. Four residents along Bufflick Road spoke to the Commission regarding their opposition to rezoning this property to commercial. The residents did not believe the proposed business use was appropriate within the center of their established residential neighborhood. Traffic was a particular concern; they pointed out that Bufflick road was very narrow, comprised of tar and chip, and they wanted it to remain that way. They were also concerned about water run-off and mentioned properties that are impacted by flooding during heavy rains. Planning Commissioners voiced their concern that although the applicant's immediate intention was to use the property for mini -storage, the intended use could change in the fixture because it was not specifically identified within the proffer statement. In addition, since no other B2 uses were proffered out, traffic issues and impacts to the surrounding residential neighborhood remained as legitimate concerns. Other Commissioners pointed out the inevitability of this area's future conversion to commercial in support of the Winchester Regional Airport. By the following majority vote, the Planning Commission recommended denial of the rezoning: YES (TO DENY): Straub, Gochenour, Watt, Unger, Light, Fisher, Rosenberry NO: DeHaven, Thomas, Ours (Note: Commissioners Kriz, Triplett, and Morris were absent.) 09/08/04 Board of Supervisors Meeting — Application was tabled at the applicant's request 11/10/04 Board of Supervisors Meeting — Application was tabled to review revised proffers REZ #10-04, A.P.R. Mini -Storage, LLC Page 8 December 30, 2004 STAFF CONCLUSIONS FOR O1/12/05 BOARD OF SUPERVISORS MEETING: This proposed rezoning is a request to rezone 12.6607 acres from the RA (Rural Areas) to the B-1 (Neighborhood Business) and the B-2 (Business General) Districts with the intent to accommodate a mini storage facility and office buildings. The subject property is located wholly within the Sewer and Water Service Area (SWSA). This proposal is generally consistent with the applicable land use policies of the Comprehensive Policy Plan. Staff would note that there are sources of concern regarding incompatibility with the airport due to their master plan for this parcel. As presented, this application would significantly impact airport facilities and efforts to mitigate the impacts have not been addressed. The Planning Commissioners denied this application at their 8/18/04 meeting. The applicant has requested that the Board of Supervisors consider the rezoning application at their 01/12/05 meeting. Following the required public hearinga, a decision re'-, ardink this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. B�! OB2 B2 64B A 33A BEAVER RCMIER 64B A 38 B2 B A 33A.P.R. MINI STORAGE LLC , ,kA 522 ---------------------- RP,, 'k .4to --------------------- IPA 4 I RP v. 0 --------------- --- 40, ---------------------- WINCAITIA REGIONAL AIRPORT ♦ ♦ WINCHIETTA REGIONAL AIRPORT 64B A 40 ROSENBERGER REZ # 10 - 04 A.P.R. Mini - Storage, LLC (64B - A - 38) OUTPUT MODULE APPLICANT: FOLTZ Net Feral Impact. � LAND 115E TYPEBt, B2 Costs of Impact Czodlt* Cmdb to he Takr Total Palential Adyisimerd ForCi REAL EST VAL S15,22T.BS8 Required (entered In Cur. Budget Cur. Budget Cap. Future CIPf Tax Credits Revenue- Nat Capital Net Cost Per C, FIRE & RESCUE fi Capital Faciltrrea col -m lady) Tmces_ Other tilnadrtrstedl Q= B21ance Eagllktes Impact akellino Unit �c Fire and Ras cue Departmeni $118,573 $D $0 $118,573 ERR Elementary Schools $o — _ Middle Schools s0 SD s0 s0 $U so ERR High Schools s0 — — Pa*S and Rec rent Dn Sa SD SD S so ERR Public Li �Y SO Sfl ;0 $D S6 ERR She!lfrs Oif'tces so 39.711 $0 $0 39,711 S9,T11 SD ERR Adminisbmtion Building so so so Sfl so ERR y Olher Misceltanecua Faciiiies s0 $23,284 S25,70T 548,991 S4E,491 SD ERR SUBTOTAL $115,573 532,995 s25,71)7 So 558,702 $58,7D2 $59,871 ERR LESS: NET FISCAL IMPACT S11,411,542 $11.411.542 $11AIi.542 (StI1,411,% ERR NET CAP. FACILITIES IMPACT — EORI INDEX: "1A" If Cap. Equip hduded 1.0 INDEX -1.0- if)zev-Coat Bal, "0.0' if Ratio to Co Avg: 0.0 Rev -Cast Bal = PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342 METHODOLOGY 1. Capital fachIlae requiromenta are input to the first column as calculated in the model. 2. Net Fiacai kvpact NPV from operations talculations Js Input In row local of second column (zero if negative); included are the ane-11 me taxw fem for one year only at full value. 3. NPV of future opercap equip taxos paid In third column as calculated in 55c2l impacts. 4. NPV of fuhrs capital expenditure (moss paid In fourth col as calculated In fiscal impacts. 5. NPV of futlrs toompaid to bring current county up to standard for now facili5es, as calculated for each new Facility. S. Columns three through five are added as potential credits against dw calculated capital faaTltias requlroments. Time are adjusted for percent of costs covens by the revenues from lhQ project (actual, oral ratia to ay% to atf residential devatopment). NOTE: Pmffar calculations do not include include Interest because they are cash payments up front Credits do Irr7ude interest if the Frojocts are debt Ii nenced. NOTES: Model Run D2ta09t0 M ASK Protect Desodpliorc Assumes 249,320 sq.ft. nelai on 2-55 acres zoned 8 f District and 10.11 acres zoned a2 Dictscl- n; Dare to changing conditions associated with development in the Caanty, the results of this � Output Module may not be valid beyond a period of 90 days from the model run data. 2002MCDEL w w w Winchester Airport 5406622936 08/02/04 12:22l P. 003 D a�� 0 R E 4�31 AIRPORT ROAD PLANNING &ERICDEVELOPMENT lop OF ARrINiA WINC HE,STER, VIRGINIA 22602 % \� � UFH . R 4/ (540) 662-2422 ebruary 19, 2004 A.P.R. Mini- Storage, LLC 127 Mercedes Court Winchester, Virginia 22603 Re: Rezoning Comments Parcel ID # 646-((A))-38 — 12.6607 Acres Rezoning Requested B-1/13-2 Shawnee Magisterial District Dear Mr. Foltz: The parcel of land you are requesting a rezoning for includes a section of approximately 5.40 acres adjacent to existing airport property identified by the Winchester Regional Airport Authority for fee simple acquisition. I have enclosed a copy of the Airport Property Map that shows the section of the parcel needed for acquisition identified on our map as parcel 53, owned by Nicholson. This parcel of land along with several other parcels, has been programmed in the Airport's Twenty Year Master Plan, Frederick County's Comprehensive Plan, Frederick County's Capital Improvement Plan and the Five -Year Plan for the Virginia Department of Aviation and the Federal Aviation Administration. Residents living along the northern side of Bufflick Road that have property identified for acquisition on the Airport's Master Plan were immediately notified upon completion of the Master Plan Update in 1993. They each received a copy of an estimated timetable outlining when acquisition proceedings would proceed. Funding for the preliminary work (surveys, appraisals, environmental assessments, etc.) to acquire three pieces of property including this parcel is in the current budget and is in progress. Funding for the acquisition of land is in the Airport's bl for FY 2005 that begins July f' of this year. For several years; development requiring land acquisition at the Winchester Regional Airport has focused on the Runway 32 (southwest) end. Now that those land projects are complete, the Airport is actively working on acquiring several parcels on the Runway 14 (northeast) which includes the above referenced parcel. Land ac 4uisition is necessary because many of the identified parcels are located within the Airport's FAR Pail 77 primary surface and/or approach surface. Winchhester�port 5406622636 02/04 12:22pm P. 004 Under the Federal Aviation Administration's Part 77 Surface Requirements, the Airport is required to own fee simple property within the Primary Surface. This requirement is also include in the Code of Virginia 15.2. The five plus acres designated for acquisition Iles within the airport's runway protection zone (RPZ) as outlined on the Enclosed map. I am available at any time to meet with you or the landowners to work out a solution that would be beneficial to them. However, I am unable to support the rezoning request for the entire 12 plus acre parcel. On behalf of the Winchester Regional Airport Authority, we discourage a rezoning that would allow for development on the identified five -acre site. Please do not hesitate to contact me to discuss this issue or if you have questions at (540) 662-5786. Thank you for your support and I look forward to working with you on this matter. Sincerely, C. 7NtiNC, 1 Serena R. Manuel Executive Director Cc- Charles L. Wilmot, Jr., Chairman, WRAA w/o encl Eric Lawrence, Director, Frederick County Planning w/o encl Mark K. Flynn; Legal Counsel, WRAA w/o encl Winchester Airport S406622936 0 Oe/02/04 12:22pm P. 001 WINCl"IlESTER REGIONAL ,AIRPORT 491 AIRPORT ROAD 'ERV!NF i14 \09 OF V !ti'A , WINCHESTER, VIRGINIA 22602 (540) 66?.-' 422 rHOR�t�/ June 2.1, 2004 Eric Lawrence, Director Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: APR Mini -Storage Rezoning FIL E Clip y Dear Mr. Laver ce: �0' Cl/ This letter is in response to your question as to the Airport Authority's intentions regarding a parcel of land owned by A.P.R. Mini -Storage. LLC. The parcel of land owned by A.P.R. includes approximately 5.40 acres identified in the Airport Authority's Twenty -Year Master Development Plan for acquisition. This 5.40 acres lies within the airport's approach surface and in accordance with the Federal Aviation Administration regulations needs to be acquired fee simple. This property does not have to be rezonod for the landowner to receive commercial value. In accordance with public law, when an airport acquires property, they must have an appraisal along with a review appraisal conducted to determine the fair market value, which would include best use. Frederick County's Comprehensive Plan identifies the best use for this land for future development as Business/office. This designation along with other variables will be used to determine a fair market value. The exact amount of property intended for purchase will be determined by a survey that we will have done in order to ensure that the landowner is not left with an uneconomic remnant. We could actually acquire a little more or less than the 5.40 acres. The survey, appraisals and any environmental studies will begin within the next couple of weeks on three parcels including this one. We have begun the process for acquisition of three parcels on Bufflick Road and this parcel is included. If the landowner is willing to sell right now, we encourage him to present us an asking price in order to speed up the negotiation/acquisition process. I hope this answers your questions however. if you have additional questions or need further details, please do not hesitate to contact me. Thank you for your continued support and assistance. Sincerely, Serena R. Manuel Executive Director O-------------------- ----------- --------------- 64B A 33A BEAVER I-," I 64B A 38 A 33 A.P.R. MINI STORAGE, LLC 52 WINCATIA REGIONAL AIRPORT WINCHMA RYGIC AIRPORT 64B A 40 ROSENBERGER REZ # 10 - 04 A.P.R. Mini - Storage, LLC (64B - A - 38) Cl �; :-�, �.: �. � `r 11 i2 •. L.. �..Ek� � Zvi'.' .� r�i.,� �\,, � •i r +�{4`F�'�''P'°, •� 'i � �1 ��.7r. •• �b�, t4�' • • �f�i z �, WINCHES] REGIONAL . 1 44� 'fall AIRPORT N . Mom- ` _.- ��. ' .E • S IK i!_ 01 I �.BEAVE 'F .yAy,�.i �♦v }' Fir 64B A 38 \ 3 A.P.R. MINI STORAGE, LLC . �,1y�1 i 3 '' PP L''ii A . ♦ a� gg p .. g p gg WINCHgqESTER REGIONAL ♦� VER�f AIRPORT \ ♦\\', ,. � ,. �" �, ;t "�,_ \♦`fit • x! '` \ lb 64B A 40 p1�F a �VVAw � Nor pIj,I41r (� 10 tb *� ROSENBERGER \ itFYI' , ,, ., jai/`.� :w i t r� ♦♦\v �,` • �` r' ,`bQ ?gyp ' k� � ,. �, ^. �/ •,+' , ^r /', r • \� ILL fr ..•-��•� :r �,.. ,j�R".�i.• � Sir ,�}`'��r .a:.N" `R, _.'un�'rS ,�,� `ti(,;.: ?�:.- �, s t t77A A { E t { + REZ # 10 - 04 A.P.R. Mini - Storage, LLC (64B - A - 38) 0 Action: AMENDMENT PLANNING COMMISSION: August 18, 2004 - Recommended Denial BOARD OF SUPERVISORS: January 12, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 10-04 OF A.P.R. MINI -STORAGE, LLC WHEREAS, Rezoning #10-04 of A.P.R. Mini -Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64B-A-38; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 18, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 10, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 2.5473 acres from RA (Rural Areas) District to 131 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #21-04 This ordinance shall be in effect on the date of adoption. Passed this 1 Oth day of November, 2004 by the following recorded vote: Richard C. Shickle, Chairman Barbara E. Van Osten Gina A. Forrester Gary Dove Lynda J. Tyler Bill M. Ewing Gene E. Fisher A COPY ATTEST Jolm R. Riley, Jr. Frederick County Administrator PDRes #21-04 ]?CZOIHW Impact Analysis Statement for Parcel ID It 64B-((A))-38 Shawnee Magisterial District Frederick County, Virginia August 1, 2003 Revised April 9, 2004 Prepared by Duren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stcphens Cl[)-, VA 22655 540-868-2963 Fax 510-323-1 497 l oltz@V1S uall lnk.Co1 L1 RC70,11 ;gIIIJjMCtAnalf Icment 0 I ;v ce] ID /{ 6413-((-•1))-38 Table of Contents Introduction A. Suitability of Site B. Surrounding Properties C. Traffic D. Sewage Conveyance vld Treatment E. Water- Supply F. Drainage G. Solid Waste Disposal Facility H. Historical Site and Structure I. Impact of Community Facilities I Other Impact Exhibit ##1 - Boundary Survey Exhibit 1#2 - Boundary Survey «/ Rezoning Acreage Exhibit 0 - Flood Map Exhibit #4 - Soils Map Exhibit 115 - FCSA Water & Se«ver Map Exhibit 116 - Frederick County Impact Model Exhibit #7 - Current Deed Exhibit 1#8 - Current Tax Statement Exhibit 1/9 - Proffers Page 2 o1"I 6 3 3 4 5 6 6 7 7 7 7 7 8 9 10 11 12 13 14 15 16 Rezoning Impact A nalys,Otement 0 Rurel ID # G413-((.'U)-3g Introduction This parcel contains 12.6607 acres (sec Exhibit 111) and is location on the north side of Route 776, Bulllick Road about 500' cast of the intersection with Route 522, Front Royal Pile. The parcel is currently zoned RA and it is die desire of the current owners to rezone die entire parcel, 2.54-73 acres to B-1, neighborhood business district and 10.1134 acres to B-2, Business general district and (see Exhibit 112). The parcel is within the Urban Development Area as shown in die 2000 Frederick County Conlprehcusive Policy Plan and is shown as an area of proposed business/office on die rnap of the Route 50 East corridor study. This parcel is located near die Route 50, Interstate 81 interchange an(] Route 522. It adjoins the Winchester Regional Airport which makes it a desirable location for conunerciao)usiness development. The location of neighborhood business district (B-1) along the existing frontage on Bulllick Road will allow for die transition from the existing uses of homes and small businesses on Bulllick Road to the business general district B-2 which will adjoin die Winchester Regional Airport. A. Suitability of the Site The parcel is well suited for commercial development. The land slopes gently from wide 11i111ops to drainage swales and could be easily graded to maximize the commercial potential. • 100-year flood plaiIls No portion of tills property lies within the 100-year flood zone as showtr on F.I.R.M. Panel 115100G3- 0115-B, dated July 17,1978 (see Exhibit 113). • WetlaIlds No wetlands have been identified on the parcel. Some portions of the drainage swales along the easterly boundary line are poorly drained due previous farm trallic and may show signs of wetlands. However these are not natural and witty minimal grading these conditions would cease to exist. • Steep slopes (over 5096) No areas of steep slopes have been identified on the parcel. Two small areas which may contain slopes over 1596 are highlighted on die Soil Survey of Frederick County, Virginia, Map (see Exhibit U11). • Mature Woodlands Some mature trees are located along the no1111 bourydary line and around the existing house. The site is generally considered to be without mature woodlands. • Primc Agricultural Soils As shown on die Soil Survey of Frederick County, Virginia, Map (see Exhibit t141), the parcel contains the following soil types: 3B Blanton Silt Loam 206-796 slope 41B Weikert-Berks (channery silt loam) 296-796 41C Weikert-Berks (channery silt ]own) 796-1596 41D Weikcit-Berks (channery silt loans) 15%-25% The soils in these categories are generally shallow to moderately deep. Hard shale bedrock is found at a deptly of 15" to 30" below the ground surface. Tlyere are no known critical areas on the parcel. I age 3 of] 6 Rezomi 2gImpact AnaW.Itement • P rce11D 1! 6413-((ill)-38 B. Surrounding ProDCr11C5 P,u-ccl tl Owner Naincs/Address 7-onc Usc A Dj0IATING O 1 IlAr RS 64B-((A))-33 Ralph L. Beaver & Kathleen 11. Beaver RA 135 Bulllick Road 64B-((A))-33A Beverley M. Beaver RA 1400 Ope-quon Avenue 64B-((A))-33B Ralph L. Beaver & Kathleen 11. Beaver RA 135 Bulllick Road 64B-((A))-39 Winchester Regional Ail1>olt RA / Airport 491 Aiipoit Road 69-B-((A))-40 Edna S. Rosenberger RA 223 Bulllick Road 64B-((A))-41 James E. Wisccai cr RA 203 Bulllick Road 64 ((A))-88 Winchester Regional Ail-jx>ll RA / All -poll 491 Alipoit Road ACROSS BUFFLICK ROAD 64B-((A))-61 William L. Copenhaver RA 210 Butllick Road 64B-((A))-62 Janics E. Wisecaiver RA / 203 Bulllick Road Auction Warehouse 64B-((A))-63 John A. Pearson & Donna l'. Pearson RA 192 Butllick Road 64B-((A))-64 John M. O,-ndolif RA 399 Windsor Lane 64B-((A))-65 John M. 0171dolff RA 399 Windsor Lane 64,B-((A))-66 ,John M. OI-Ildorly RA 399 Windsor Lane 64B-((A))-67 William J. Frederick RA 160 Bulllick Road Page 4 of 16 Rezon* Impact Anal)*cInent 0 r7lce]ID#G4B-((A))-38 Parcel # O-vvncr Names/Address Zone Use ACROSS B[ITTLICK ROAD (ConUi)ile0 64B-((A))-68 Lily M. Ashby RA 154 Bufllick Road 64B-((A))-69 Lily M. Ashby RA 154 Bufflick Road 64B-((A))-70 Milford J. Mathison RA 3920 Northwestern Pike 64B-((A))-71 Donald M. Bowen & Arlene C. Bowen RA / Body Shop 2535 Hockrnan Avenuc All adjoining properties are identified in the 2000 Coniprelie iisive Policy Plan for Frederick County, Virginia, as proposed Business/Once (as shown on the Route 50 East Corridor Future Land Use Map). C. Traffic PRESENT The parcel is less than one mile front the intersection of Route 50 and Route 522. This intersection is near the Route 50 Interchange with Interstate Route 81 with its frontage on Route 776 Bufflick Road being 500' from the intersection with Route 522. Route 776 Bufllick Road is classified as a local road in the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. PAST Traffic Data From Virginia Dcnartnient of Transportation (2000) Route 522 Between Route 50 and Paperrnill Road 14,000 TPD (1999) Route 776 between Airport and Route 522 490 TPD (2000) Route 64.5 between Route 728 and Route 522 2,000 TPD FUTURE The Eastern Road Plan Map in the 2000 County Comprehensive Policy Plan (CPP) of Frederick County, Virginia, shows a new major collector road crossing Route 522 near the intersection of Route 776. This new major collector continues northeast from Route 522 passing near the northwest corner of this parcel and continues to a new intersection with Route 50. The future traffic impacts for this proposed commercial development have been estimated using the ITE Trip Generation Manual, Sixth Edition under the category of Mini -Warehouse for the B-2 portion of the Rezoning, and the category of Gcncnil Office for the B-1 portion Page 5ofIG Rezoizng Imlpact Anal}Itement 0 Pvice]IDi/G4B-((.l))-A8 Based on the attached preliminary sketch plan, there will be a maxiniuln of: 20,000 square feet Irrax potential building area of B-I 150,000 square feet nrax potential building area of B-2 Using the information from the ITL Manual B-1 20,000 x 11.01/1000 = 220 Average Vehicle trips Weekday 20,000 x 1.5611000 = 31 Average Vehicle trips AM Peak IIr. 20,000 x 1.4-9/1000 = 30 Average Vehicle trips PM Peak Hr. 20,000 x 2.37/1000 = 47 Average Vehicle trips Saturday 20,000 x 0.98/1000 = 20 Average Vehicle trips Sunday B-2 150,000 x 2.50/1000 = 375 Average Vehicle trips «reekday 150,000 x 0.28/1000 = 42 Average Vehicle trips AM Peak Hr. 150,000 x 0.29/1000 = 44 Average Vehicle trips PM Peak Hr. 150,000 x 2.33/1000 = 345 Average Vehicle trips Saturday 150,000 x 1.78/1000 = 267 Average Vehicle trips Sunday The geIleratlon of 595 trips per (lay frolrr 150,000 sq. ft. of lrrlrrl warehouse and 20,000 sq. It. of general office space would have a significant impact on trallic along Route 776 Bulllick Road. Improvement of road infrastructure upon development of this parcel would be necessary. Improvements will include pavement widening and taper, commercial entrance to site, and right-of-way dedication as shown o1r attached sketch plan aIld Inust meet the regLlll'eI cents and approval of the Virginia Departneat of Transportation and Frederick County Zoning. Potential Impact from high traffic is uses allowed in the B-2 zone: Average Vehicle Trips Weekday Lumber- Store 150,000 x 40.67 / 1000 = 6100 Discount Superstore 150,000 x 46.96 / 1000 = 7044 Retwl Center 150,000 x 39.71 / 1000 = 5956 D. Sewage Conveyance and Treatment Sewage from this parcel will be treated at lie Opequolr Neater Reclamation Facility Ali 8" main is located through the north portion of true parcel and a 12" main is located along the south and east boundary lines (see Exhibit U5). Sewage flows for mire warehouse site are dependent on if there is onsite management. The estimated amount for the 150,000 sq. ft. B-2 area is 500 GPD. The est.inratcd amount for true 20,000 sq. ft. B-1 area is 6,000 GPD. Hence, a combined total of 6,500 GPD is estimated. E. Water Supply A 16' water main currently serves this site. Water is provided by F.C.S.A. Page Gof1G Rezon,�)gImpact AnVj*tement ! RucelID 11 C)4B-((. U)-3,Y F. Drainage Three natural swales carry the runoff from this parcel. The)' eventually flow to Sulphur Spring Run. Storm water management will be required if this parcel is developed. During the site plan process the stone water management will be designed as required by Frederick County code and approved 1)), the Frederick County Public Works Department. G. Solid Waste Disposal Facility The Frederick County Landfill is the nearest solid waste facility. It is approximately dirce miles northeast o(' this parcel. The amount of solid waste generated 1)), the developed parcel lias a maxirnuni potential estimated at 200 pounds per clay. H. Historical Site and Structure There are no known historical sites oi' structures as listed Oil the Virginia Landmarks Register and tllc National Register. No major battlefield or fortificatioii/enti-enchnient exist on this parcel as represciitecl on the Civil Battlefields & Sites Map included u) the 2000 County Comprehensive Policy Plan (CPT) for Frederick County, Virginia. I. Impact of Community Facilities Education No impact expected Police Protection Minimal nnpact (Provided by Frederick County Slierill's Department) Fire & Rescue Protection Minimal unpact (New Millwood Fire Stations is within two miles of this parcel) Parks & Reci-eation No impact expected Solid Waste Disposal Minimal impact J. Other Impact No other significant impacts expected. Rage 7 of16 Re ... irgl pad An. Parre/ID # 641346038 S I E ... ... 14, I /� I Tie 90 (.\ (\ __ „e/ �.. H•4 7 per. \ ' \ i• r• `y� . r "r� . J VICII71 f Y 1dAF SCALE: 1" - 2000 Alr,•r TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 42J PG JO 08 440 PG 837 J6" OAK DO 659 PG 175 THE S 61' 11 r45 ' E IRF 552.92' C£X. 20' UTILITY ESAIT. _ 08 670 PG 504 IRF OM INE 2. 48' 3 TM 648-((A))-JJA Till 640-((A))-J9 MAR✓ORIE G. BEAVER o INST./0J0000667 o ^ � v TM 648-((A))-J8 I. o RICHARD L. NICHOLSON, JR. N INST/01001J568 2 12.6607 ACRES IRF IRF OFFUNE 0.20 N (( )) - TM 64B-((AJ)-J3 I ,N EDNA S.4ROSENBERGER RALPH L. BEAVER & �v DB 28J PG 68 KATNLfEN H. BEAVER EX 40' UTlll11 fSMt. DO 406 PG J18 09 670 PG 504 ( 3 IRF OFFLINE 1.49' I I o TM 64B-((A))-JJB p TM 648-((A))-41 EX. DITELLING RALPH L. BEAVER & 0 I °; ✓AM£S E. WISECARVER KATHLEEN H. BEAVER I D8 240 PG 347 OB 404 PB 623 N 59'52103" W _ 5J6.00' BRICK POST RTE. 776 - BUTFLICK ROAD A 17.06' (JO' PRESCRIPTNE R/W) IRS a I5.00' 1500' TO INTX. U.S. RTE. 1 I LEGEND.- IRF = IRON REBAR FOUND IRS = IRON REBAR SET 0 ro0 100 f `si SCALE: r' = 200' NOTES. 1. NO TITLE REPORT FURNISHED. EASEMENTS 01HER TITAN SHORN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.LR.M. PANEL 151006J-0115-8r DATED ✓ULY 17, 1978. BOUNDARY SURVEY PLAT TH of 1'l 12.6607 ACRES STANDING IN VIE' NAU OF `� RICHARD L. NICHOLSON. JR. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE: .NNE 11. 2003 SCALE: 1" = 200' FILET►: 03-006 DARREN S. FO Foltz Land Surveying, Inc. SIIEFT NO. `'IA"O P.O. Box 23 5lephens C�ly. WgWo 22655 OF SURE Phone 1: 540-323-1497 Fo. /: 540-868-2963 1 emo7: foOrO.;s0orr7n4.com 1'Wr8of16 Exhibit # 1 - Boundary Survey Rezoning Impact act AI7al si temelnt 1 • PalrellD M 64B-((AJ)- 38 , k M11111 Y Id,1F SCALE 1 2000 •Ah—f - TM 64-((A),).88 WINCHESTER REGIOMI- AIRFORI AUI110RI1) CB 423 PC !0 DB 440 PC R37 J6' OAK CB 659 f C 175 \ TREE S 61' 1 1 '45 - E lrr 552.92' -Er. 20' Until) fStYI. CR E,n rc 5n. e lRr OF/TINE 1 48' 3 V IM 64B-((A))-33A IM 648-((A,1)-39 MARJORIE G. BEAVER ao 'n INST.1030000667 W , �v o Lq TAT 64R-((A))-J8 .� RICHARD L. NICHOLSON, JR. j� INST101001J568 N 12.6607 ACRES I ; f IRF OFFLINE a20' z TM 648-((A))-40 w (PW S. 905ENFERGER TM 64B-((A))-33 I �I N PO 283 PC 68 RALPH L. BEAVER k �r KATHLE£N H. BEAVER —i ��I B-2 t 0. I 1 J4 AC. ni - 3 E Y el)' U11(ll)' F ' "' 11B 0: 0 PG 504 DB 406 PG 318 �� S 61'45'05 " E 540.42' �t IRF OFFLINE 1.49' B-1 2.547J AC. ' v 0 TM 64B- A JJB - (( ))- o IM 648-((A))-41 v RALPH L. Bfi1VER & EX. DISEtLING '� HI of �' JAtIfS E. {I'ISECARbER KATHLEEN H. BEAVER ^ vt OB 240 PC 347 DB 404 PB 62J _ N 59'S2'03' V SJ6.00' I _ BRICK POST ® 1706' RTE 776 - BUFTLICK ROAD lRS 15.00' (30' PRESCRIPTIVE R/U)) t500' TO INIX. U.S. RTE. II LEGEND: 0 ICn s00 400 IRF = IRON REBAR FOUND IRS = IRON REBAR SET sold 1 - 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER 71011 SHOttll .t't) E15I, 2. NO PORTION OF THIS PROPERTY LIES 117THIN THE ICO )fAR fWOO i1WI •I; SHOW r1J F.I.R.M. PANEL 1510063-0115-B, DATED MY 17, 1978. PLAT SHOFFIKC ARF.A.S TO DF RF70A'ED TAX PARCEL M 64B-((A))-38 - 12.6607 ACRES STANDING IN T1/F AAf/f' OF MINI-STORACE, L.L.C. A.P.R. SHA'J,t1EE MAGISTERIAL DISTRICT, fFEt'I I'rY. U)1111TY,DATE' 1.InRCII 1, 20n4 SCALE I" - 7f1'1111F# 03 0'IF; OS.FULTZ;: Foltz Land Surveying, InC. STIFF 1 P0 Pnr 23 Sfevke" CGfy, V,c:,;i 22655 F'n0, 1 540-323-1497 Far I 540-P.6R-2963 rmoa- /o11r4.�svamnG .�-.. Pagr 9 of 16 Cxbibit H2 - Boun<hry Slnvey w/ Hezoning Acreage IRemririq Impact Ari*tatl--t • ParnellD k 64B-((11)-38 a O ZONE A , II 9 PW 10 of 16 WINCH ESTER �G MUNICIPAL AIRPORT O J � O Exhibit 93 -Flood Map dew svos - V# 1aln1x:,i 911° 11 dJel ILI 01 011, • :�,� `� Iy V � i7 gyp;.' rj / iHeA saa Leo::. J Of �•{},7r;1•• W •`,;�ril �� ,.ems � 1 _ •� � � T f , 1, �,' • � 4• � �` _ � 86 of ,� Inf BE t •, y"• : Be 9E `. f ,•',t IJ,. oc t , "ate uA ' 406 y I t ,r . _ ..; ti . 88-(I111-f1191r U11�'rrd • 1u.xu��e•�,�rrr��»eJrujbr�uoza� Rezonu{gImpact�L�a�tatement 0 PanielID N 64B-((V-38 Page 18 of 16 Exhibit #5 - FCSA Water & Sewer Map • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff. Fee Amount Paid S Zoning Amendment Number Date Received _ PC Hearing Date BOS Hearing Date_ The follo►ving in formation shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: M 1 Ijl Sg-4" 6c L L (. Telephone: Address: 1 27 Nl r R Ut�- QCt -S LT'. 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Telephone: (v05 - 2-7 qZ Name: 6-1 R 1� �u L i Z Telephone: 5 4-O 3 2 3- 14 Ir 7 I 4. Checklist: Check the following items that have been included with this application. Location map ✓ Agency Comments Plat ✓ Fees Deed to property ✓ Impact Analysis Statement ✓ Verification of taxes paid ✓ Proffer Statement ✓ 11 L-1 • . The Code of Virginia alloN s us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property B) Proposed Use of the Property 7. Adjoining Property: 1614MY 010 1 R AIJ u (, -t 0 - ((A )) - 33 lv �t (3 - [( A )) — 3_3 �04 13 - «A )) - i�`l 4oct13 - (cA)) o &,t #z, - ((A)) G� ct - U' A )) VAC-AMT - A&RtGOLr RAL (jr--or LAL- A(INJi SruCA&n M RFSiOZ. Nt-iAL RES i DtNr)AL A- I tL Po 0-1- V-IF- c:,,►.-> -IJI AL RE-51 Dc--Nr-,AL A-i A 2A- Ar- 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): l4y(,,.r!t Si 1� U� QT-l- 7 7L-, A 5C) >i k- A5 U ( 1_ li LL i t.i iyJ (II)/ V i C J 2-:2- 12 • • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: _ Fire Service: Rescue Service: S itA WNCGr- Districts 0 413 - tl A )) - 36 High School: \ Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zonin Zoning Requested 2.541 K 13-1 10. 11 9 A- 8 -2- Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed : Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: • 11• • Townhome: Mobile Home: • • .•- M •• 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: �2 Other: • 12. Signature: • I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s) 14 Date:4 &10 q Date: Date: ?-9 )'�� Date: • • COG�� Special Limited Power of Attorney � County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) f it 1.0 (Phone) e 6,5 9-79 2 (Address) ;L'7 ,�y��vc.:!/ -5 (,��� � t, ..j�� - V, 4t -1_ Z6o3 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 03 bo) "3q) y o , and is described as Parcel: do hereby make, constitute and appoint: ^ (Name) VA (LR E tJ . Fo t--TZ (Phone) .5 � 0 - 3 2 3 -- � �9 7 (Address) �- 0- I?;, �3 STOP Vl�`"l.l S Ct -I�1 \/At- 2,Z6 57S To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ©� Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) j ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to j previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this tZ day of, 200_�_, Signature(s) State of Virginia, City/County of j/JX49(&"s� , To -wit: I, J&tYl on / . 6AI)e,0-- _ - - . - , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally app ared before me and has acknowledged the same before me in the jurisdiction aforesaid this Allay of � , 200�. ,91 My Commission Expires: /-3/-o-7 — Notary Public U %BcOSpccial l mulcd POA xpd Airing Impact An tatemen[ Parcel !D k 64B-((A))-38 r) w a 522 • 1• '. / U Try ,, r..`s��rp � ` _,•/. � ..--- --- a eZ dI.� '- R'Inr Ar.lrr Rr, fnn r/ 'I J Vlclillrr lane SCALE: I" 2000' \' TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY OB 42J PC JO DB 440 PC 837 J6' OAK CB 659 PC 175 TREE S 61'!1'45' E IRF 552.92' L EX 20' UTILITY £SAIL- 08 670 PG 504 IRF OFFLIN£ 2.48' 3 TM 648-((A))-JJA e TM 648-((A))-J9 MAR✓ORIE G. BEAVER Iu ;v �0 INST.1OJ0000667 N If) b b O f\ b o TM 64B-((A))-38 N o RICHARD L. NICHOLSON, ✓R. INSTIOIOOIJ568 2 12.6607 ACRES rRF IRF OFFUN£ 0.20' TM 646-((A))-JJ TM 646-((A))-40I ti EDNA S. ROSENBERGER R4LPH L. BEAVER & V OB 28J PG 68 KATHLEEN H. BEAVER EX. 4C' UTILITY fSAIT. OB 406 PC J18 06 670 PG 504 ( 3 IRF OFEUNE 1.49' TM 648-((A))-JJ8 EX. OIYfLUNG TM 648-((A))-41 RALPH L. BEAVER & 0 I I N ✓AM£S E. WISECARVER KATHLEEN H. BEAVER In OB 240 PC 347 08 404 PB 62J N 59'52'OJ" W 5J6.00' BRICK POST —� RTf. 776 BUFFLICK ROAD 0 17.06' IRS 0 15.00' t500' TO INTX. (JO' PRfSCRIPTNE Rl') U.S. RTE. It LEGEND: 0 too 200 4qa IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCkfr: I ' = 200' NOTES. - I. NO TITLE REPORT FURNISHED. EASEMENTS 0T11ER T11AN S1101I'N ATAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOIYN ON F.I.R.M. PANEL 1510063-0115-8, DATED JULY 17, I978. BOUNDARY SURVEY PLAT nDARRENS. 12.6607 ACRES STANDING IN THE NAME OF RICHARD L.NICHOLSON, JR. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DATE: JUNE II, 2003 SCALE: I" = 200' FILE1: 03-006 Foltz Land Surveying, Inc. SHEET P.O Box ZJ Stephens C;Iy. K.g;n;a 22655 I SVR�EOF Phone f: 540-323-1497 Fox 1: 540-868-2963 email: VIZOrisvorfn4.com T Page- 8 of 16 Exhibit # 1 - Boundary Survey • 0 AMENDMENT Action: PLANNING COMMISSION: August 18, 2004 - Recommended Denial BOARD OF SUPERVISORS: January 12, 2005 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 10-04 OF A.P.R. MINI -STORAGE, LLC WHEREAS, Rezoning #10-04 of A.P.R. Mini -Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64B-A-38; and WHEREAS, the Plaiming Commission held a public hearing on this rezoning on August 18, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 10, 2004; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 2.5473 acres from RA (Rural Areas) District to B1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District, as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes #21-04 • This ordinance shall be in effect on the date of adoption. Passed this 12th day of January, 2005 by the following recorded vote: Richard C. Shickle, Chairman Ave Barbara E. Van Osten Ave Gina A. Forrester Nay Gary Dove Aye Lynda J. Tyler Nay Bill M. Ewing Nay Gene E. Fisher Aye A COPY ATTEST lNe-1-1-11-1 JoIU-I(R, iley, Jr. Frederick County Administrator PDRes 421-04 • i Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property, after request for the same from the Virginia Department of Transportation. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property ("Necessary Improvements"). Further, after agreement with VDOT and Property Owner regarding the Necessary Improvements, the Necessary Improvements shall be installed by the Property Owner within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses other than that of a mini -storage and office building on the site for so long as any property in the neighboring vicinity (within fifty (50) yards) is no longer used or zoned for residential purposes. Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and/or otherwise permitted or allowed to operate as a commercial use (excluding home occupations or cottage occupations, as those terms are currently defined by the Frederick County Zoning Ordinance), then the above stated proffered out uses shall terminate automatically. �fn +Ta A2.o� ri'6 VwvW1?_ a 5 Ve1�" d?0 In addition to the above, the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini -storage does not exceed said restriction. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. By: %' Date: IQ\gvi a t STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this C6NV\day of bCcernk�.er- , 2004, by �,� rJ ¢�� 4 My commission ex Tres 3D I a0U 1 Notary Public 0 zommun-m-m-i LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 TICK & DE THOMAS MOORE LAWSON • TLAWSONG$LSPLC.COM November 9, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: VIA FACSIMILE AND U.S. MAIL Dear Candice: A.P.R. Mini -Storage, LLC Our File No. 250.006 Enclosed please find a revised Proffer statement and copies of correspondence sent to the Board of Supervisors, Larry Ambrogi and Renny Manuel. As I state in the letter to the Board members, should they require additional time to consider the Proffer Statement, we would have no objection to this matter being continued to the Board's next hearing. Thank you for your assistance and cooperation. As always, if you have any questions, please do not hesitate to give me a call. Very truly yours, Thomas Moore Lawson I yCk- TML:atd Enclosures cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FAcsIMILE: (540) 635-9421, E-MAIL: SILEKJ*LVNXCONNECT.COM 0 0 .A LAWSON AND SILEK, P.L.C. TIIOMAS MOORE LAWSON • TLAWSON(&.LSPLC.CONI 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 November 9, 2004 Mr. Richard C. Shickle Mr. Gene F. Fisher Chairman -at -Large Shawnee District 292 Green Spring Road 246 Bush Drive Winchester, VA 22603 Winchester, VA 22601 Ms. Barbara E. Van Osten Ms. Lynda K. Tyler Back Creek District Stonewall District 103 Coopers Lane 438 Devil's Backbone Overlook Winchester, VA 22602 Stephenson, VA 22656 Mr. Gary W. Dove Ms. Gina A. Forrester Gainesboro District Red Bud District 821 Apple Pie Ridge Road 105 Kapok Circle Winchester, VA 22603 Winchester, VA 22602 Mr. Bill M. Ewing Opequon District 5266 Main Street Stephens City, VA 22655 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA HAND DELIVERY Dear Members of the Board of Supervisors: As you know, I represent A.P.R. Mini -Storage, LLC with regard to its proposed rezoning of the tract of land on Bufflick Road. A.P.R.'s rezoning is consistent with the Comprehensive Plan and is on property that is close to the Winchester/Frederick County Regional Airport. When this matter was last before you, there was a request to table the rezoning request to allow time for meetings with the neighbors to discuss the development plans for this property. As you know, the area is primarily single family residential, but pursuant to the Frederick County Comprehensive Plan, the immediate area is either slated for commercial or for acquisition by the Airport. FRONT ROYAL ADDRESS: POST OFFICE QOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ n I,YNXCONNECT.CONI Board of Supervisor November 9, 2004 E Page 2 Since the last hearing, we did have an opportunity to meet with the neighbors at a church near the site and those that attended advised they had no objection to the intended use of the property by A.P.R. (mini -storage and office). They do object, however, to any additional development that may occur and also have a concern about the change in character of the area as a whole as it transitions from residential to commercial. We understand from this Board's previous consideration of a rezoning on the opposite end of the runway that the Board does not want residential lying immediately adjacent to the Airport and especially not at the ends of the runway. The proposed rezoning takes that into account and is consistent with the Board's previous decisions. In addition to being consistent with the Comprehensive Plan, A.P.R. Mini - Storage, LLC wants to be a good neighbor for the residential neighbors and has therefore created the enclosed proffers, which it would propose to be considered and accepted along with the proposed rezoning. The proffers provide that the uses onsite will be limited so to be consistent with the intended use for the property for a period of time so long as any property in the neighboring vicinity continues to be used and zoned for residential purposes. The intent of this is to give protection to the residential neighbors so long as the neighboring property remains residential. All agree that once we get to a time where the neighboring property is rezoned to commercial consistent with the Comprehensive Plan, restrictions on this property should be lifted. In addition to the above, A.P.R. Mini -Storage, LLC has agreed to impose as a proffer on this property that it not exceed the FAA Part 77 Surfaces Height Restriction for its intended use or any use in the future. It has been explained to the undersigned by the Airport that this is a federal restriction which restricts the height of structures around the Airport so as to not limit the fly -over activities. This owner is prepared to abide by this restriction and it is so proffered. I know at least one Board member asked that this restriction be distilled to a maximum height in footage for this site, but it has been explained to us by the Airport that the height restrictions vary depending upon the elevation above sea level of the runways and would also depend on the elevation above sea level of any buildings on this property. Tying the proffer to the restriction will provide the Airport will have better control over any future structural height on this property. With these revised proffers, I trust that you will find the proposed rezoning to meet with your approval. I do apologize in advance for submitting this revised Proffer one day prior to the rezoning hearing. Circumstances have not allowed for meetings with the Airport until just recently. Should the Board require additional time to study this proposed rezoning, we would be agreeable to a second tabling. Thank you for your consideration of this rezoning request. Please call if you have any questions. Board of Supervisop November 9, 2004 Page 3 TML: atd Enclosure cc: A.P.R. Mini -Storage, LLC 0 Very truly yours, ICL Thomas Moore Lawson 1, Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned; who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves .the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner -shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses. other than that of a mini -storage and office building on the site for so long as. any property in the neighboring vicinity (within fifty (50) yards) is no longer used or zoned for residential purposes. Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and/or otherwise permitted or allowed to operate as a commercial use, then the above stated proffered out uses shall terminate automatically. In addition .to the above; the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini -storage does not exceed said restriction. Submitted By: 0 J PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. By: Date: _ C� ajr �J STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this Y' day of kd 2004, by���� /I%naa�� a��z�a�c�,� •.<<<. My commission expires._.. �v�3o�07 Notary PublicQ , f 1 LJ LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 Re: VIA FACSIMILE AND U.S. MAIL Dear Larry: THOMAS MOORE LAWSON • TLAWSONALSPLC.COM November 9, 2004 A.P.R. Mini -Storage, LLC Our File No. 250.006 Enclosed please find a revised Proffer Statement for the A.P.R. Mini -Storage facility. As you will recall, there have previously been some concerns about a rezoning to B-2 near residential development. These concerns have come from long-time residents who live in the area. While they recognize that the entire region has been slated in the Comprehensive Plan for commercial and/or Airport expansion area, they want some comfort in knowing that their. area will remain residential for as long as possible. The residents have been good enough to acknowledge that our intended use for the property (mini-storage/office) is an acceptable use for the time being. With all of this said, I have drafted a Proffer, which. has restrictions on the use for the time during which the nearby property remains residential. We contemplate a time in the future when the entire area will convert to commercial and, at that time, these restrictions on use will expire. Please review the enclosed Proffer and advise me of any'comments.' As you know, this. matter is in front of the Board for consideration tomorrow night. Thank you for your assistance and cooperation. I look forward . to receiving your comments shortly. TML:atd Enclosure cc: A.P.R. Mini -Storage, LLC Very truly yours, Thoma Moore Lawson&A FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FAcsimru: (546) 635-9421, E.-MAIL: SILEK.j LYNxcormcrcohl 0 Cl LAWSON AND SILEK, P.L.C. 160 EXETER MvE, SurrE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 Ms. Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, VA 22602 Re: VIA FACSIMILE AND U.S. MAIL Dear Renny: THOMAS MOORE LAWSON • TLAWSON a,LSPLC.COM November 9, 2004 A.P.R. Mini -Storage, LLC Our File No. 250.006 Enclosed please find a revised Proffer Statement, which incorporates the reference to the FAA height restrictions. After you have reviewed it, please let me know that you agree with the language. Also, as you know, some of the Board members have requested a revised comment from the Airport confirming that there is no objection to the intended •rezoning. Please provide me with a writing, either memo or letter, confirming the same so that I may provide the Board with it. As you know, this matter is currently scheduled to be heard by the Board tomorrow evening. I understand you will be present, and I look forward to seeing you at the hearing. Thank you for all of your assistance and cooperation. As always, if you have any questions, please do not hesitate to give me a call. Very truly yours, Thom s Moote Lawson TML:atd Enclosure cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415,.FAcsIMH.E: (540) 635-9421; E-MAIL: SILERJ@LYNXCONNECP.COM 11/09/2004 12:49 FAX • R�NOV�9�4�1�. LAWSON AND SILEK, E.L.C. PLANNING & DMVELOPMM M 160 EXETERDRIVE, SUITE 103 POST OFFICE SOX 2740 E-MAILI. TLAWSONKi ELiL,COM WINCHE:STER, VA 22604 TELEPHONE: (540)665.0050 FACSIMILE-1 (540) 722-4051 FACSIMILE COVER SHEET 6 Date: November 9, 2004 To: Ms. Candice Mills Fax No,: 540-665-6395 From.- Thomas Moore Lawson, Esquire Our File No; 250,006 Number of pages including cover: 9 Message: [a001/009 The information contained in this facsimile message is information intended only for the use of the individual or entity darned above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service, Thank you. PDONT ROYAL AODKESN: POST OFMIS Box 602, FRONT ROYAL. VIRO:NU 22630, TELEF,IONE: (540) 635-9415, FACSIMILE: (3d0) 63519d21, E-TIAMI 9rLEKf@RMA0NL1NE,NET 11/09/2004 12:50 FAX 0 0 a 002/009 LAWSON AND SILEKy P.L.C. 160 EXETER OuvE, S1n r 103 POST OFFICE BOX 2740 W1NcriEmR, vA, 2z604 TELYMONE: (W) 665AO50 FVAcsnuLr: (540) 722-4051 THOMAS MOOSE LAWSON • T ,A WSQrg@1 SP ?:.CQM November 9, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 IR-3 VIA FACSIMILE AND U.S. MAIL Dear Candice: A.F.R. Mini -Storage, LLC Our File No. 250.006 Enclosed please find a revised Proffer statement and copies of correspondence sent to the Board of Supervisors, Larry Ambrogi and Renny Manuel. As I state in the letter to the Board members, should they require additional time to consider the Proffer Statement, we would have no objection to this matter being continued to the Board's next hewing, Thank you for your assistance and cooperation. As always, if you have any questions, please do not hesitate to give tree a call. Very truly yours, Thomas Moore Lawson I YW TML:atd Enclosures cc: A.P.R. Mini -Storage, LLC FRONT RoyAL Annui:n Fosr OMC9 MX 602, EVOW kmu., VIRGIVIA 22630, TZLYFHONL: ("0) 635-905, FACgImLE: (540) W-901, H-MAM. Sa.cw�LrnxtONNFcr.coM 11/09/2004 12'.50 FAX Ia003/009 Prp fer Statement Rezoning Request Proffer Property Tolenfiflcatiou Number 64B-((A))-3.8 Shawnee Magisterial District MonetarC ontribution to Offset act of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the board of Sppervisors for the County of Frederick, Virginia, approves .the rezoning for the 12.6607-sore site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum, of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TTA) for the 12.6607-acre site meeti qg all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPT) that utilizes the Bufflick Road, Route -776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner -shall conduct an actual count of vehicle trips per day ;tom the property, If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA.) for the 12,6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA, will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County ]Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses. other than that of a mini -storage and offlce building on the site for so long as. any property in the neighboring vicinity (withi-n fifty (50) yards) is no longer used or zoned for residential purposes. Notwithstanding what. is stated above, in the event any of the neighboring properties are zoned and/or otherwise permitted or allowed to operate as a commercial use, then the above stated proffered out uses shall terminate automatically. Ineaddition .to the above, the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini -storage does not exceed said restriction. Submitted By: 11/09/2004 12:50 FAX [a 004/009 PROPERTY O : A.P.R. Mini Storage, L.L.C. By: Date: —�-- STATE OF VIRGR UA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this day of 2004, by My commission expires , Notary Public , 11/09/2004 12:50 FAX 0 • [a 005/009 LAWSON AND SILEK, F.L. G TnoMAs MOOPx L.A'WSON • TLAW80N(n)J 5PLC.COM 160 EYWTM DRM4 SUFF 103 POST OmcE Box 1740 WwcBiK8TEVR, VA. 22604 TELEPHONET (540) 665-0050 FAcsndnx, (540) 722-4051 November 9, 2004 Mr. Richard C. Shickle Chairman -at -Large 292 Green Spring Road Winchester, VA 22603 Ms. Barbara E. Van Osten Back Creek District 103 Coopers Lane Winchester, VA 22602 Mr. Gary W. Dove Gainesboro District 821 Apple Pie Ridge Road Winchester, VA 22603 Mr. Bill M. Ewing Opequon District 5266 Main Street Stephens City, VA 22655 Re: VIA HAND DELIVERY Mr. Gene F. Fisher Shawnee District 246 Bush Thrive Winchester, VA 22601 Ms. Lynda K. Tyler Stonewall District 438 Devil's Backbone Overlook Stephenson, VA 22656 Ms. Gina A. Forrester Red Bud District 105 Kapok Circle Winchester, VA 22602 A.P.R. Mini -Storage, LLC Our File No. 250.006 Dear Members of the Board of Supervisors: As you know, T represent A.P.R. Mini -Storage, LLC with regard to its proposed rezoning of the tract of land on Bufflick Road. A,P.R.'s rezoning is consistent with the Comprehensive Plan and is on property that is close to the Winchester/Frederick County Regional Airport. When this matter was last before you, there was a request to table the rezoning request to allow time for meetings With, the neighbors to discuss the development plans for this property. As you know, the area is primarily single family residential, but pursuant to the Frederick County Comprehensive Plan, the immediate area is either slated for commercial or for acquisition by the Airport. nwNr RmxL AnDRrmt Cosy Orrice Aox 602, PF*01 RMAt-, Vmcmm 22630, TLUs tioNLo (MO) 635-9415, FAcsmax; ('W) 635-9421. E3-mm: Snkr.j@I.VNxcoxNTRCr.coNs 11/09/2004 12:51 FAX 0 [a 006/009 Board of Supervisors November 9, 2004 Page 2 Since the last hearing, we did have an opportunity to meet with the neighbors at a church near the site and those that attended advised they had no objection to the intended use of the property by A.P.R. (mini -storage and office), They do object, however, to any additional development that may occur and also have a concern about the change in character of the area as a whole as it transitions from residential to commercial. We understand from this Board's previous consideration of a rezoning on the opposite end of the runway that the Board does not want residential lying immediately adjacent to the Airport and especially not at the ends of the runway. The proposed rezoning takes that into account and is consistent with the Board's previous decisions. In addition to being consistent with the Comprehensive Plan, A.P.R. Mini - Storage, LLC wants to be a good neighbor for the residential neighbors and has therefore created the enclosed proffers, which it would propose to be considered and accepted along with the proposed rezoning. The proffers provide that the uses onsite will be limited so to be consistent with the intended use for the property for a period of time so long as any property in the neighboring vicinity continues to be used and zoned for residential purposes. The intent of this is to give protection to the residential neighbors so long as the neighboring property remains residential. All agree that once we get to a time where the neighboring property is rezoned to commercial consistent with the Comprehensive Plan, restrictions on this property should be lifted. In addition to the above, A.P.R. Mini -Storage, LLC has agreed to impose as a proffer on this property that it not exceed the FAA Part 77 Swfaces Height Restriction for its intended use or any use in the future. It has been explained to the undersigned by the Airport that this is a federal restziction which Testricts the height of structures around the Airport so as to not limit the fly -over activities. This owner is prepared to abide by this restriction and it is so proffered. I know at least one Board member asked that this restriction be distilled to a maximum height in footage for this site, but it has been explained to us by the Airport that the height restrictions vary depending upon the elevation above sea level of the runways and would also depend on the elevation above sea level of any buildings on this property. Tying the proffer to the restriction will provide the Airport will have better control over any future structural height on this property. With these revised proffers, I trust that you will find the proposed rezoning to meet with your approval, I do apologize in advance for submitting this revised Proffer one day prior to the rezoning hearing. Circumstances have not allowed for meetings with the Airport until just recently. Should the Board require additional time to study this proposed rezoning, we would be agreeable to a second tabling. Thank you for your consideration of this rezoning request. Please call if you have any questions. 11/09/2004 12:51 FAX Board of Supervisors November 9, 2004 Page 3 11 Very truly yours, Thomas Moore Lawson TML: atd Enclosure ca. A.P.R. Mini -Storage, LLC U 007/009 11/09/2004 12:51 FAX LAwsON AND SILEK5 P.L.C. 160 E7i$tER DRN); SUn x 103 Foss OFFICE Bta 2740 WINemSM1, VA 22604 Tn=om! (540) 669-0060 FAcsumun (540) 722 4osi November 9, 200.4 Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Dent Street Winchester, VA 22601 � cos/cos 'meows Moo RE [ ► WN - TT,A1YS DNna,rsrl.c.Qm Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA FACSIMILE AND U.S. MAIL Dear Larry: Enclosed please find a revised Proffer Statement for the A.P.R. Mini -Storage facility, As you will recall, there have previously been some concems about a rezoning to B-2 near residential development. Thcese concepts have come from long-time residents who live in the area, While they recognize that the entire region has been slated in the- Comprehensive Plan for commercial and/or Airport expansion area, they want some comfort in knowing that their, area will remain residential for as long as possible. The residents have been good enough to acknowledge that our intended use for the property (mini-storageloflice) is an acceptable use for the time being. With all of this said, l have drafted a Proffer, which. has restrictions on the use for the time during which the nearby property remains residential. We contemplate a time in the future when the entire area will convert to commercial and, at that time, these restrictions on use will expire. Please review the enclosed Proffer and advise me of any,cgmments. As you know, this. matter is in front of the Board for consideration tomorrow night, T ank you for your assistance and cooperation. I look forward. to receiving your comments shortly. TML:atd Enclosure cc: A.P,R, Mira -Storage, LLC Very truly yours, Thom Moore Lawson , PLANT Wray, AAbRm PAR O"la R= 602ti Fnor+r Rawl[., Vmrmau (MO) 05-9415, FAOMMXt (54n) 05-V421, X­hWw Shsr��lsYroc4�M+atr cvht 11/09/2004 12:51 FAX 0 f� 009/009 i LAwsON .AND ILEK9 P.L.C. 160 EXETER DRrvH, Serra 103 POST OMCE OM 1740 NVH4cH85 K VA 22604 TELEPHONE: (W) 60-0050 FACSDvMP.- (540) 722-405I Ms. Serena R. Manuel Executive Director Winchester Regional Airport 491 Airport Road Winchester, VA 22602 THOmA5 MOORE LAVMN +�'!�{V$pN(¢ilSP1 C COTy1 November 9, 2004 Re: A.P.R. Mird-Storage, LLC Our Pile No. 250.006 VIA FACSIMILE AND U.S. MAIL Dear Renny: Enclosed please find a revised Proffer Statement, WWoh, incorporates the reference to the FAA height restrictions. After you have reviewed it, please let me know that you agree with the language. Also, as you know, some of the Board members have requested a revised comment from the Airport contitming that there is no objection to the intended -rezoning. -Please provide me with a writing, either memo or letter, confirming the same so that I may provide the Board with it. As you know, this matter is currently scheduled to be heard by the Board tomorrow evening. I understand you will be present, and I look forward to seeing you at the healing. Thank you for all of your assistance and cooperation, As always, if you have any questions, please do not hesitate to give me a call. Very truly yours, Thom Moore Lawson TML:atd Enclosure cc; A.P.R. Mini -Storage, LLC FWr r Roiu, AnMmi Post OtMZ ftX 607., FP*n FMAI, VmclWin 2MO IILiPTIOn. (540) 635.9415,.F.+x*+. ; (540) 63544211E- aun: 6i=(&LYH ;C0Hn47r.00M 08/18/2004 13:48 FAX, Z 002/002 Proffer Statement Rezoning Request Proffer property Identification Number 64B-((A))-38 Shawnee Magisterial District MonqLn Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned Hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Buftliek Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than. 600 vehicle trips per day are generated frorn this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner, The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner, In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code, Submitted By: PROPERTY ER: A.P,R, Mini Storage, L.L.C. By: STATE OF VIRGINIA., AT LARGE COUNTY OF FR.EDERICK, To wit: Date: — 17 f � The lbregoing instrument was acknowledged before me this 17�— day of 2004, byUi My commission expires D 31 Notary Public [AAn J . aI'c_...} 08/18/2004 13:48 FAX Ia 002/002 Proffer Statement Rezoning Request Proffer Property Identificatiou Number 64B-((A))-38 Shawnee Magistcrial District Monetary Contribution to offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the fttst building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA.) for the 12,6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Buffliek Road, Route 776. After the issuance of any second or subsequent site plann and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than 600 vehicle trips per day are generated frolic this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT grad Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner, The conditions proffered above shalt be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code, Submitted By: PROPERTY ER: A.P,R. Midi Storage, L.L.C. By: STATE OF VIRGINIA., AT LARGE COUNTY OF FR.EDERICK, To wit: Date: !�-- l-7ro'y The foregoing instrument was acknowledged before me this day of 2004, b, F661 *LUAq,-)Mnnar J' My commission expires 1013(10(, Notary Public kum J . af'� 08/18/2004 13:48 FAX U 002/002 Proffer Statement Rezoning Request Proffer Property Iden.tification Number 64B-((A►))-38 Shawnee Magisterial District Monetat-y Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA.) for the 12,6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property, if said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agrmment is reached between VDOT and the Property Owner, The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner, In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned it addition to other requirements set forth in the Frederick County Code, Submitted By: PROPERTY ER: A.P,R. Mini Storage, L.L.C. By: Date. �y l � �'O' STATE OF VIRGINIA., AT LARGE COUNTY OF FR.EDERICK, To wit: The f0r6goin g instrument was acknowledged before me this f day of 2004, bi My commission expires 1013(10(, Notary Public a 08/18/2004 13:48 FAX 40 0 Ia 002/002 Proffer Statement Rezoning Request Proffer Property Iden,tificatiola Number 64E-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Buffhok Road, Route 776. After the issuance of any second or subsequent site plan Arid issuance of a certificate of occupancy for the improvement set forth in the subsequcnt site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than. 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12,6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. loather, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner, The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner, In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned iii addition to other requirements set forth in the Frederick County Code, Submitted By: PROPERTY ER: A.P.R. Mini Storage, L.L.C. By: STATE OF VIRGINIA., AT LARGE COUNTY OF FnDERICK, To wit: Dater The forego g instrument was acknowledged before me this /" day of kq 2004, by R5U1 (Q any ' My commission expires D 31 Notary Public 0 0 COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: 717korno S l,CtwSG n COMPANY: L (xv.�, o _t FAX#: -Z ate- LtOS( Remarks: Date: -j a b A 0\A Number of 11ages (including cover sheet)_�� From the desk of: cp--V\ 1k C'- M A b July 28, 2004 Mr. Lawson, We are in receipt of your revised proffer statement for the APR rezoning. We feel that further clarification is warranted, included are some suggested changes. Also, a preliminary paragraph has not been included referring to the pursuant section of the code of Virginia in regards to proffers. Please review the suggested changes and let me know what your thoughts are. Thank You, Candice Mills Planner I Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607 -acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. Transportation The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements ofthe Virgina Department of Transportation, should the initial or any subsequent site plan provide for a land use or uses, with cumulative traffic generation projections exceeding 600 VPD that utilizes Bufflick Road, Route 776. If the site plan(s) for the property produce fewer than 600 vehicle trips per day, the Property Owner shall conduct an annual actual count of velucle trips per day from the property. If said counts reveal that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the, 12..6607-acre site meeting all requirements of the Virginia Department of Transportation. The said TIA will identify necessary improvements required to the road system foie vehicle trips attributed to this property. Further, after agreement with VDOT and the Property Owner, the agreed road improvements shall be installed within rune (9) months after said agreement is reached between VDOT and the Property Owner. Buffering and Screening The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B-1 zoning with a double row of white pine trees, size and spacing to be consistent with Frederick Coruity Zoning code requirements for mini storage, a 50' buffer along the rear of the property, and that all improvements will generally be consistent with those shown on the attached preliminary sketch plan dated April 9, 2004. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to the other requirements set forth in the Frederick County Code. TRANSMISSION VERIFICATION REPORT TIME 07/28/2004 15:47 NAME FRED CO PLANNING DEP FAX 5406656395 TEL : 5406655651 SER.0 BROC2J178677 DATE,TIME 07/28 15:46 FAX NO./NAME 97224051 DURATION 0 0: 0 0: 4 7 PAGE(S) 03 RESULT OK MODE STANDARD ECM COUNTY of FREDMI:CK Department of. Planning and Development 107 North Kent Street, Suito 202 * Winchester, Virginia 22601-5000 Telephow,. 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: are ('0.�61;) � COM"PANY- Lw-ka� 0 -r FAX 9: Date: `I 'a S0\A Number of ge$ (including cover sheet) _ Rezoning Impact Arlalj sis St �tement I'.eire/ ID fJ 64D-((1)J-34 Proffer Statement Rezoning Request Prolrer Property Identification Number 64R-((A))-38 Shawnee Magisterial District Monetan, Contribution to Ofrset Impact of Development The undersigned, lvilo owns the above descrbe(l PI-OPerty, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves (lie rezoning for the 12.6607-acre site located along the north side of Bufllick Road in the Shawnee Magisterial District of Frederick County, Virginia, fi,om RA to B-1 and B-2, the llmderslgrled will lkZ)' to Frederick County for the Milllvoo(I Fire a,,(1 IZesc I Company the stun of $3,000 at the lime the first bmil(ling permit, is issue(l. 'File undersigned hereby Proffers to PCCPflre a tlafllc Impact analysis (FIA) for the 12.6607-acre site Inceling all requirements of the V11-glllla DcPartilictlt Of TIansix)rtatloll, should the initial site plan provide fora land use, with traffic generation projections exceeding 600 VPD that utilizes file Bufllick Road, Route 776.t 1 new I'IA will ;(]entity inlprovenlcnls to the road system lhat hill be installed by the Developer during the tial site development phase or at such a tinge as delclmined 1)), VDOT.�p 1. 'File umlersigrlc(f (loci))' proffers a buffer or screen along the adjoining property owners to the proposed B-1 zoning with a double row of•wllitc Pine (ices, size: and spacing to be consistent with Frederick County Zoning code regtlirelie ills for mini -storage, a 50' buffer along the rear of the Prolx°rty, and that all improve mleIlls will generally be consistent mill those shown on the allached Preliminary sketch Plan date(I April 9, 2004. Tile conditions proffered above shall be binding mx)n lthe heirs, exect!(ors, adnlinistiators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick Comity Board of Supelv isors grant said rezoning and accepts these com(litions, the pl'offerc(1 COtldl(lOt1S shall apply to the land rezoned iu addition to other regmirenlents set forth in the Frederick County Code. Srlbnlitled By: PROPERTY OWNER: A.P.R. klim Storage, 1,.I,.C. --- Date: - % -�--� L - STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To WIL Tllc f regoing instnnnenl was acknowledged before nu' this �.2 day of . '/_ 200�1, by VALW1 # ;'-------------- - My commission expires —_ /-3 -0% Notary Public A - —&NV Pa jar P; o l e; May. 19. 2009 1; 59PM No, 3239 P. 1 CHRISTIAN P. KAILA & ASSOCIATES Real Estate Consultants Fax (540) 785-5604 FAX TRANSMITTAL SHEET Date M C' Number of Pages, Including Cover: PLEASE DELIVER THIS FAX IMMEDIATELY TO: Name: Company: Fax Number: From: ar C, �p nakoN .q Comments: A-r CONFIDENTIALITY NOTICE; This facsimile transmission contains confidential Information belonging to the sender which may be legally privileged Information. The information Is intended only for the use of the individual or entity named above, If you are not the intended recipient, or an employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any disclosure, Copying, distribution, or the taking of any action in reliance upon the contents of the facsimile documents is strictly prohibited, 6320 Five Mile Centre Park; Suite 323 Fredericksburg, Virginia 22407 (540) 786-2198 # Fax (540) 785-5604 L U t'j;`/5/ May, 19, 2009 1; 59PM No, 3239 AMENDMENT Action: PLAXNING COMMISSION: August 18, 2004 - Recommended Denial BOARD OF SUPERVISORS: January 12, 2005 D APPROVED ❑ DENIED AN ORDINANCE AMENDING TITS, ZONING DISTRICT MAP REZONING #10-04 OF A.P.R. MINI -STORAGE, LLC WHEREAS, Rezoning #)0-04 of A.P.R. Mini -Storage, L>LC, Submitted by Foltz Land Surveying, to rezone 2,5473 acres from RA (Rural Areas) District to B l (Neighborhood Business) District, and 10.11 14 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located oil the north side of Route 776, about 500 feet east of the intersection wi th Route 522, in the Shawnee Magisterial District, and is -identified by Property IdentifioationNumber (PIN) 64B-A-39; and WHEREAS, the Planning Commission held a public hearing on this rezoning on August 18. 2004; and WHEREAS, the Board of Supervisors held apublic hearing on this rezoning on November 10, 2004, and WHEREAS, the rrederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance 'with the Comprehensive Policy Platt; NOW, THEREFORE, BE iT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code. Zoning, is amended to revise the Zoning District Map to change 2,5473 acres from RA (Rut -al Areas) District to BI (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (Ciencral Business) District, as described by the application acid plat submitted, subject to the attached conditions voluntarily proffered in wiling by the applicant and the property owner. I'DRes "21-04 May. 19. 2009 1; 59PM No, 3239 ]Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to 134 and B-2, the undersigned will pay to Frederick County for the Millwood fire and Rescue Company the sum of $3,000 at the time the first building pennit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the property Owner shall conduct an actual count of vehicle trips per day from the property, after request for the same from the Virginia Department of Transportation. if said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA.) for the 12.6607-acre site ineeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property ("Necessary Improvements"). .Further, after agreement with VDOT and Property Owner regarding the Necessary Improvements, the Necessary Improvements shall be installed by the Property Owner within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses other than that of a mini -storage and office building on the site for so long as any property in the neighboring vicinity (within fifty (50) yards) is no longer used or zoned for residential purposes. Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and/or otherwise permitted or allowed to operate as a commercial use (excluding home occupations or cottage occupations, as those tcrrns are currently defined by the Frederick County Zoning Ordinance), then the above stated proffered out uses shall terminate automatically" S t ►x ar rnz -fib � a u11 t JY a ', ? Cltl ► tI1S to �t n ►'r'�fS d D � I vi ►1 e lie May, 19, 2009 2:OOPM No. 3239 P. 4 In addition to the above, the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini -storage does not exceed said festriction. Submitted 8y: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. Ey; Date, STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this _'Aq*0ay of 2004, by�,� 1J2u1e�! My commission ex 'res � am Notary Public May, 19, 2009 2;OOPM No, 3239 This ordinance shall he in effect on the date of adoption. Passed this lath day of January. 2005 by the following recorded vole: Richard C. Shickle. Chairman Crina A. Fon-eStcr Lynda J. Tyler Gene F.. riskier 11 ORL!" A? 1-04 -U Nay Nay Aye Barbara E. Van Osten Gary Dove Bill M. Ewing Ay ee Aye N�- A COPY ATTEST .JAI! iley, , r. Frederick County Administrator WINCHESTER REGIONAL AIRPORT AUTHORITY TM 64 ((A)) PARCEL 22 6,59/175 48" RED OAT( N 6p 13,.2'5" W 554.50Pt ' Z N FENCE c ya ti LINE t a WINCHESTER REGIONAL 19 = AIRPORT AUTHORITY al,n �►� TM 649 ((A)) PARCEL 39 1D i° CD 659j175 o 1 N PROPERTY ZONED_ RA M r�tia LINES TO BE ABANDONED uj _j cD Q W La 0 O M I m a o a� y 554 58'54_E 550.09' -- w ¢o ur -- -- IRS �z IRF� o �n ') m 0� = A_P R_ ` EDNA S. ROSENBERGER coo to 1 TM 64B ((A)) PARCEL 40 z Nt MINE -STORAGE, LLG. INSTR. NO. 040011245 i� PARCEL 38 ° INSTR. NO - Ito 030013914 - , TAYLOR'S SUBDIVIDED 6-6354 AC.f PARCELS 41-46 205/318 1RF - - 53T.12' RALPH L. & fRF wry-33�O9 BUFFUCK ROAD RT. 776 KATHLEEN BEAVER ( ) TM 648 ((A)) PARCEL 33B VARIABLE WIDTH R/W 406/318 zoo 0 200 +oo coo sc:uE i �—Zoo• CURRENT OWNER: A.P.R. MINI -STORAGE, LLC REF: INSTR. NO. 030013914 TM 648 ((A)) PRCL 38 CURRENT OWNER: WINCHESTER REGIONAL AIRPORT AUTHORITY REF: DB 659 PC 175 TM 64 & 64B ((A)) PARCEL 22 & 39 THIS SURVEY HAS BEEN 'PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT_ THEREFORE, THIS PLAT MAY NOT INDICATE ALL ENCUMBRANCES ON THE PROPERTY. THE EXISTENCE OF VEGETATED OR TIDAL WETLANDS WAS NOT DETERMINED DURING THIS SURVEY. THE EXACT LOCATION OR EXISTENCE OF UNDERGROUND UTILITIES WAS NOT ESTABLISHED DURING THIS SURVEY. I HEREBY CERTIFY THAT THIS SURVEY AND ANY INFORMATION SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURVEY MADE UNDER MY SUPERVISION AND THERE ARE NO APPARENT ENCROACHMENTS OTHER THAN THOSE SHOWN OR NOTED_ PROPERTY LINE ADJUSTMENT ON THE PROPERTIES OF WINCHESTER REGIONAL AIRPORT AUTHORITY OSPRT� AND ?. Z�94 A_P.R. MINI -STORAGE, LLC SHAWNEE MAGISTERIAL DISTRICT DAV D FREDERICK COUNTY, VIRGINIA 18� DATE: NOVEMBER 5, 2004 SCALE: 1' = 200' TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA NOVIDABER 5, 2004 (540) 667-9300` FAX (540) 667-2260 SHEET I OF 2 07-04-0413 THE BOUNDARY LINE ADJUSTMENT PLATTED HEREON, CONTAINING 12.3786 ACRES, . IS IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES. A.P.R. MINI -STORAGE LLC DATE WINCHESTER. REGIONAL AIRPORT AUTHORTfY DATE COMMONWEALTH OF VIRGINIA COUNTY OF FREDERICK, TO —WIT: I, , A NOTARY PUBLIC OF SAID COUNTY, DO CERTIFY THAT WHOSE NAME 1S SIGNED TO THE WRITING HERETO ANNEXED. BEARING DATE THE - DAY OF 20— HAS THIS DAY ACKNOWLEDGED THE SAME BEFORE ME IN MY SAID COUNTY: GIVEN UNDER WY HAND THIS DAY OF 20 _ MY COMMISSION EXPIRES: NOTARY PUBLIC 0 rn o , 6, low AYID F. SP IGGS No. IM �& 04 NOVEMBER 5, 2004 AREA TABULATION PARCEL 38 EXISTING AREA — 12.3786 AC. AREA SUBTRACTED — 5.7432 AC. TO. BE AIDED TO PROPERTY NOW OWNED BY WINCHESTER REGIONAL AIRPORT AUTHORITY NEW TOTAL AREA — 6.6354 AC. PROPERTY LINE ADJUSTMENT ON THE PROPERTIES OF WINCHESTER REGIONAL AIRPORT AUTHORITY AND A_P_R_ MINI -STORAGE, LLC SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VJRGINIA DATE NOVEMBER 5, 2004 SCALE: I" = 200' VIUD TRIAD ENGINEERING, INC. 200 AVIATION DRIVE WINCHESTER, VIRGINIA (540) 567-9300 FAX (540) 667-2260 SHEET 2 OF 2 07-04-0413 May, 19. 2009 2:OOPM No, 3239 P. 8 sIAMNG THE 1OP OF ARGMIA / May 6, 2009 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Chris Kaila, MAI, SRA, GAA Christian P: Kaila and Associates Appraisal Group of Fredericksburg 6320 Five Mile Centre Park, Suite 323 Fredericksburg, VA 22407 He: Property Appraisal — Shawnee Magisterial District Tax Map Parcel 6413-A-38 Owners - APR Mini Storage, LLC 171 Bufflick Road Winchester, Virginia 22602 Dear Mr. Kaila: This letter shall serve as a notice to proceed with the appraisal process following the Federal guidelines 49 CFR Part 24 Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally -Assisted Programs, Paragraph 24.103 Criteria for Appraisals. Upon completion of your report, please include the Federal Aviation Form 6 100- 111 with the report. Should you need additional information or have any questions, please do not hesitate contacting my office. ( look forward to working with you on this project. Sincerely, Serena R. Manuel Executive Director Cc: Chad Carper, FAA/WADO Scott Denny, VDOA Cyndie J. Layman, APR Mini Storage, LLC Wihee --] 0° Q 3 i / L_] moo e ` CP °7� ki•rrr ( 81 --- ° Par! 3��Or,. �. �. ate.. 4 N / 778 522 L• , 11rd Q• • e j SI E /ar er lirl l ' � •tee 4 • BV111C+ ' .��+ 777 778 Gri r q • Dy / r- o V Di•1. er ye.fis -,y� ;°'�� �/s VICINITY MAP SCALE: 1" = 2000' TM 64B-((A))-33A MARJORIE G. BEAVER INST JOJ0000667 WineAeeter Regional Airport TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423 PG 30 DB 440 PG 837 36" OAK DB 659 PG 175 TREE S 61 ' 11 '45 " E IRF 552.92' K IRF OFFLINE 0.20' TM 64B-((A))-33 RALPH L. BEAVER & KATHLEEN H. BEAVER DB 406 PG J18 IRF OFFLINE 1.49' TM 64B-((A))-33B RALPH L. BEAVER & r; KATHLEEN H. BEAVER DB 404 PB 62J BRICK POST 0 17.05' t500' TO INTX. U.S. RTE. 11 O a'41, 50 I7 54C EX. 20' UTILITY ESMT. ^'T DB 670 PG 504 IRF OFFLINE 2.48' 3 TM 64B-((A))-39 N � ao �n N Ll TM 64B-((A))-38 RICHARD L. NICHOLSON, JR. INST./010013568 12.6607 ACRES IRF B-2 10.1134 AC. S 61'45'05" E 540.42' B-1 2.5473 AC. EX. DWELLING a 6 TM 64B—((A))-40 N EDNA S. ROSENBERGER DB 283 PG 68 � h N v- EX. 40' UTILITY ESMT DB 670 PG 504 0 0 o TM 64B—((A))-41 I L61 N JAMES E. WISECARVER DB 240 PG 347 N 5952'03" W 536.00' RTE. 776 N BUFFLICK ROAD (JO' PRESCRIPTIVE R/W) IRS ® 15.00' 0 100 200 400 LEGEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCALE 1 " = 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL J510063-0115-B, DATED JULY 17, 1978. PLAT SHOWING AREAS TO BE REZONED TH TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES f STANDING IN THE NAAIE OF A.P. R. MINI -STORAGE, L. L.C. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIMA DARRENrS. FOL DATE: MARCH 1, 2004 SCALE: 1" = 200' 1 FILE{: 03-006 NO, 2257 Foltz Land Surveying, Inc. SHEET l qNo SURIA— Pho e 1 c5403323-1497 Fox 1. 540-86862963 1 email: /oltz®visuollink.com 1 r " 922 ♦ � �A � C7 t o L, lir ilyd / 4 ♦' e Q• 4 e S I J�E r / rc.r rr t.u;c.1f a.e , Q ■ 50 J 17 541 77 \ C Proirrt Hope n;a. Gdrr ° WipeAutrr Xegiop,l VICINITY MAP SCALE: 1" = 2000 Airport TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY OB 423 PG 30 DB 440 PG 837 36" OAK DB 659 PG 175 TREE S 6 V 11 '45 " E IRF 552.92' TM 64B-((A))-33A MARJORIE G. BEAVER INST JOJO000667 IRF OFFLINE 0.20 TM 64B-((A))-33 RALPH L. BEAVER & KATHLEEN H. BEAVER DB 406 PG J18 IRF OFFLINE 1.49' TM 64B-((A))-33B RALPH L. BEAVER & KATHLEEN H. BEAVER DB 404 PB 623 — C- BRICK POST 0 17.06' TM 6411-((A))-40 c, EDNA S. ROSENBERGER DB 28J PG 68 �r EX. 40' UTILITY ESMT. B-2 10.1134 AC. I N 3 DB 670 PG 504 N 59'52'03" W 536.00' RTE. 776 BUFFLICK ROAD t500' TO INTX. (30' PRESCRIPTIVE R/W) U.S. RTE. 11 CEX. 20' UT/CITY ESMT. - ------ DB 670 PG 504 IRF OFFLINE 2.48' 3 v 0 ' o rr� CNLO co W N Qp ,� TM 64B-((A))-3B � RICHARD L. NICHOLSON, JR. INST.1010013568 w 12.6607 ACRES IRF TM 64B-((A))-39 6 S 61 '45'05 " E 540.42' � B-1 2.5473 AC. o o TM 648-((A))-41 �r EX. DWELLING I �I DAMES E. WISECARVER DB 240 PG 347 IRS ® 15.00' 0 100 200 400 LEGEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCALE: I" = 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL J510063-0115-B, DATED JULY 17, 1978. PLAT SHOWING AREAS TO BE REZONED D TAX PARCEL # 64B-((A))-3B - 12.6607 ACRES STANDING IN THE NAHE OF A.P.R. MINI -STORAGE, L.L.C. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIhJIA DARDATE: MARCH 1, 2004 SCALE: 1" = 200' FILE#- 03-006 Foltz Land Surveying, Inc. SHEET P.Phone 1 Box 540 323 1497 Fox 1: Stephens City, Virginia 40-8686 963 1 email: /olizOvisuallink.com c. • I u J �J � u �nep • � - u 4 . 6 c CC _81 j0�.� c 0by e%e4 / 778 \\_ ' S22 � ' %o ke � _N� to'�ir 1:rd 4 ° r SI E /(1,r rr {ilr GolfC ob " i (C-7 i c4 I 777 778 qd r, D.ierGaipe O �\ yr^• .`p� './w —.�.\SY VICINITY MAP SCALE: 1" = 2000' TM 64B-((A))-33A MARJORIE G. BEAVER INST JOJO000667 Winchester Regional O Airport TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423 PG 30 DB 440 PG 837 36" OAK DB 659 PG 175 TREE S 61 r 1 1 '45" E IRF 552.92' EX. 20' UTILITY ESMT. DB 670 PG 504 - - : IRF OFFLINE 0.2O' ? TM 64B-((A))-33 RALPH L. BEAVER & KATHLEEN H. BEAVER DB 406 PG J18 IRF OFFLINE 1.49' TM 64B-((A))-33B RALPH L. BEAVER & KATHLEEN H. BEAVER DB 404 PB 623 BRICK POST ® 17.06' IRF OFFLINE 2.483 Ql in TM 64B-((A))-39 N cp 00 n N TM 64B-((A))-38 RICHARD L. NICHOLSON, JR. INST.I010013568 12.6607 ACRES IRF B-2 10. 1134 AC. S 61 '45'05 " E 540.42' B-1 2.5473 AC. v EX DWELLING rn El G TM 64B-((A))-40 N EDNA S. ROSENBERGER DB 28J PG 68 Nv- EX. 40' UTILITY ESMT. DB 670 PG 504 : 0 0 o TM 64B-((A))-41 I "�I N JAMES E. WISECARVER ,`N CN DB 240 PG J47 N 59'52'03" W — 536.00' • RTE. 776 N BUFFLICK ROAD f500' TO INTX (30' PRESCRIPTIVE R/W) U.S. RTE. 11 IRS ® 15.00' 0 100 200 400 LEGEND. IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCALE 1 " = 200' NO TES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL 1510063-0115-B, DATED JULY 17, 1978. PLAT SHOWING AREAS TO BE REZONED T TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES STANDING IN THE NAHE OF o A.P. R. MINI -STORAGE, L.L.C. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIIJIA DARREN S. F❑LTZ DATE: MARCH 1, 2004 SCALE: 1" = 200' FILE#: 03-006 N❑. 2257 Foltz Land Surveying, Inc. SHEET 1 <-1p� P.O. Box 23 Stephens City, Virginia 22655 OF �� SURvE� Phone 1: 540-323-1497 Fox p: 540-868-2963 1 email: /oltzOvisuollink.com Co. 522 1 o r� • � .�, • Wibo•._ Li �•a • o ' 0 1• ter lird / 4 ♦4 ,1 4 e SI E r rG—r 1114y c•uc7.e � �o 50 - CP _ G S� _• i 17 54C 7r Oerrrr Part 3 �D►� ' a ch ,� lPw 778 Ip9 I \�rCr C'+ 1 •. gPrr / 777 776 A•pr O u �� 7 Dirt. G•lrr WiaeAe•!er Regional VICINITY MAP SCALE: 1•' = 2000" ,uraort TM 64B-((A))-33A MARJORIE G. BEAVER INST JOJO000667 TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423 PG 30 DB 440 PG 837 56" OAK E DB 659 PG 175 TREE S 61 ' 1 1 '45" IRF 552.92' EX. 20' UTILITY ESMT. - DB 670 PG 504 IRF OFFLINE 2.48' 3 o TM 64B-((A))-39 of � W N TM 64B-((A))-38 Co RICHARD L. NICHOLSON, JR. INST.#010013568 N 12.6607 ACRES IRF IRF OFFLINE 0.20' 2 TM 64B—((A))-40 N EDNA S. ROSENBERGER TM 64B—((A))-33 tz DB 283 PG 68 RALPH L. BEAVER & KATHLEEN H. BEAVER r� ►� v Ex. 40' UTILITY ESMT. DB 406 PG 318 B-2 10.1134 AC. N DB 670 PG 504 S 61'45'05" E 540.42' IRF OFFLINE 1.49' TM 64B-((A))-33B �- B-1 2.5473 AC. o o TM 64B-((A))-41 <r RALPH L. BEAVER & EX. DWELLING 0 JAMES E. WISECARVER KATHLEEN H. BEAVER cn DB 240 PG 347 DB 404 PB 623 N 59'S2'03" W 536.00' I IL — BRICK POST RTE. 776 ^- BUFFLICK ROAD ® 17.06' (JO' PRESCRIPTIVE R/W) IRS ® 15.00' 1500' TO INTX. U.S. RTE. 11 LEGEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET 0 100 200 400 1 1 1 6mmmml—m I" = 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL 1510063-0115-B, DATED JULY 17, 1978. PLAT SHOWING AREAS TO BE REZONED T TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES STANDING IN THE NAHE OF O A.P. R. MINI- STORAGE, L. L.C. r SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGiNIA DARREN S. FOLTZ DATE: MARCH 1, 2004 SCALE: 1" = 200' 1 FILE#: 03-006 NO. 2257 Foltz Land Surveying, Inc. SHEET <qNo SURdEH01?- Phone ,�1:0540 323 Stephens 1497 Fox 1: 540a858City, Viini62963 1 email: /oltz®visuollink.com 1 4 'ra Wilsee� �n•0 • 0 Lj 1• Iit,V-d / 4 1r • ,` Kllrr GeV Q•A • A eQc Q .�• 50 �� Ri.rrr ! / 81 J r • r 17 64C P•ri 4 778 jOyL•S I r�/g ." 04 I 777 • 77E qv \ e -�1 1'»irel Hrp• v r1 • r , Did. C d4s S — Winchester Re/iooe/ v.rri. VICINITY MAP SCALE: 1" = 2000' Airvore TM 64B-((A))-33A MARJORIE G. BEAVER INST JOJOOOD667 TM 64-((A))-88 W/NCHESTER REGIONAL AIRPORT AUTHORITY DB 423 PG 30 DB 440 PG 837 36 " OAK DB 659 PG 175 TREE S 61 r 11 '45 " E IRF 552.92' L::EX. 20' UTILITY ESMT. - --- DB 670 PG 504 IRF OFFLINE 2.48' 3 O O Q) N cp ca U) -j N In °po ^ TM 64B-((A))-38 'C' RICHARD L. NICHOLSON, JR. INST.1010013568 w 12.6607 ACRES IRF TM 64B-((A))-39 IRF OFFLINE 0.20 Z TM 6411-((A))-40 EDNA S. ROSENBERGER TM 64B-((A))-33 DB 283 PG 68 RALPH L. BEAVER & KATHLEEN H. BEAVER ^ ►� v EX. 40' UTILITY ESMT. DB 406 PG J 18 B-2 1 D.1134 AC. N 3 DB 670 PG 504 S 61'45'05" E 540.42' IRF OFFLINE 1.49' o TM 64B-((A))-338 �- B-1 2.5473 AC. a o TM 64B-((A))-41 1r RALPH L. BEAVER & EX. DWELLING 0 IN rn N JAMES E WISECARVER rn KATHLEEN H. BEAVER � cn OB 240 PG 347 DB 404 PB 623 N 59'52'03" W. 536.00' I IL — BRICK POST ® 17.06' RTE. 776 N BUFFLICK ROAD IRS ® 15.00' (30" PRESCRIPTIVE R/W) t500' TO INTX. U.S. RTE. 11 0 100 200 400 LEGEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCALE- 1 " = 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL 1510063-0115-B, DATED JULY 17, 1978. PLAT SHOWING AREAS TO BE REZONED D TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES STANDING IN THE NAHE OF A.P.R. MINI -STORAGE, L.L.C. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIHIA DARDATE: MARCH 1, 2004 SCALE: 1" = 200' FILE#: 03-006 Foltz Land Surveying, Inc. SHEET <qPhone 1:0540-323-1497 Fox 1. x 23 Stephens City, Virginia 40-868-2963 1 email: foltz®visuollink.com �I. . eo _ G sIce �B Hie verC � Pui 3�' 4erri" i ° 5J2 S L.AR, r i fYvdiee`� elyd ` 1 e" � SI E " 1 Car er tsu ;cell C7ee " Q •1 4� 1 81 d � 776 1 1 TM 64B-((A))-33A MARJORIE G. BEAVER INST JOJ0000667 Preiert Reps O Dist Gsler VICINITY MAP SCALE: 1" = 2000' Winches ler Regional Airport C7 0 50 —17 754C TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423 PG 30 DB 440 PG 837 36 " OAK DB 659 PG 175 TREE S 61 ' 11 '45 " E IRF 552.92' EX. 20' UTILITY ESMT. DB 670 PG 504 IRF Off -LINE 2.48' 3 � a o TM 64B-((A))-39 N � 00 In W �V : L11 o ~' TM 64B-((A))-38 � RICHARD L. NICHOLSON, JR. INST.#010013568 12.6607 ACRES IRF IRF OFFLINE 0.20' 2 TM 64B-((A))-40 N EDNA S. ROSENBERGER TM 64B-((A))-33 DB 283 PG 68 RALPH L. BEAVER & KATHLEEN H. BEAVER r� CN v EX. 40' UTILITY ESMT. DB 406 PG 318 B-2 10.1134 AC. N I DB 670 PG 504 �� S 61'45'05" E 540.42' IRF OFFLINE 1.49' o TM 64B-((A))-33B ;- B-1 2.5473 AC. o o TM 64B-((A))-41 �r RALPH L. BEAVER & EX. DWELLING �] L6 NI �' JAMES E WISECARVER KATHLEEN H. BEAVER DB 240 PG 347 DB 404 PB 623 N 59'52'03" W 536.00' BRICK POST 0 17.06' RTE. 776 ^' BUFFLICK ROAD IRS 0 15.00' (30' PRESCRIPTIVE R/W) .t500' TO INTX. U.S. RTE. 11 0 100 200 400 LEGEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCALE l " = 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL #510063-0115-B, DATED JULY 17, 1978. PLAT SHOWING AREAS TO BE REZONED D TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES STANDING IN THE NAME OF A.P.R. MINI -STORAGE, L.L.C. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIhJIA ARDATE: MARCH 1, 2004 SCALE: 1= 200' FILE#: 03-006 Foltz Land Surveying, Inc. SHEET IgPhone 1 0540-323 1497 Fox J. x 23 Stephens City, 540-868inia 62963 1 email: /oltz®visuallink.com 1 0� P ej TM 64B-((A))-33A MARJORIE G. BEAVER INST 1030000667 u OIWf6..o _ o 522 1. ier lird / 4 J � 778 \ I S I E 4Ca r rr ' r � 1 777 ne47 q Tn;erl Repo O A.I. Gseer / WieeA..ler Rr/ioo.l VICINITY MAP ti SCALE: 1" = 2000' Airo.r! TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423 PG 30 DB 440 PG 837 36 " OAK DB 659 PG 175 TREE S 61 ' 11 '45 " E IRF 552.92' e 50 17 64C EX. 20' UTILITY ESMT. DB 670 PG 504 IRF OFFLINE 2.48' k � R o n TM 64B-((A))-39 N � 00 n W N TM 64B-((A))-38 RICHARD L. NICHOLSON, JR. INST.I010013568 N 12.6607 ACRES IRF IRF OFFLINE 0.20 =? TM 64B-((A))-33 RALPH L. BEAVER & KATHLEEN H. BEAVER DB 406 PG J18 IRF OFFLINE 1.49' TM 64B-((A))-33B - RALPH L. BEAVER & KATHLEEN H. BEAVER DB 404 PB 62J BRICK POST 0 17.06 B-2 10.1134 AC. S 61'45'05" E 540.42' B-1 2.5473 AC. d EX. DWELLING rn 6 TM 64B-((A))-40 �, EDNA S. ROSENBERGER DB 28J PG 68 NEX. 40' UTILITY ESMT. DB 670 PG 504 0 0 o TM 64B-((A))-41 °; JAiNES E. WISECARVER ,`� � DB 240 PG 347 N 5952'03" W 536.00' RTE. 776 N BUFFLICK ROAD (30' PRESCRIPTIVE R/W) IRS 0 15.00' ±500' TO INTX. U.S. RTE. 11 0 100 200 400 LEGEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCALE 1 " = 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL J510063-0115-B, DATED JULY 17, 1978. PLAT SHOWING AREAS TO BE REZONED D TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES STANDING IN THE NAME OF A.P.R. MINI -STORAGE, L.L.C. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIiIIA ARDATE: MARCH 1, 2004 SCALE: 1" = 200' FILE#: 03-006 Foltz Land Surveying, Inc. SHEET <q P.O. Box 23 Stephens City, Vrginio 22655 OF Phone J: 540-323-1497 Fox 1: 540-868-2963 1 email: /oltz®visuallink.com Do y.rrir 522 Wibo•—] / � ^ " 9 L" 4tr hrd SI E /Gr er lilt 1 Crfl Qoe • Wr 778�_ 1 TM 64B-((A))-33A MARJORIE G. BEAVER INST JOJO000667 r 777 " 77, Q d Pro%rrl Bsp Dirt. G•ter / Winchester Region& VICINITY MAP SCALE: 1" = 2000' Airport TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423 PG 30 DB 440 PG 837 36" OAK DB 659 PG 175 TREE S 61 ' 11 '45 " E IRF 552.92' IRF OFFLINE 0.20 TM 64B-((A))-33 RALPH L. BEAVER & KATHLEEN H. BEAVER DB 406 PG J18 IRF OFFLINE 1.49' TM 64B-((A))-33B RALPH L. BEAVER & KATHLEEN H. BEAVER DB 404 PB 62J — 0- BRICK POST ® 17.06' EEX. 20" UT/CITY ESMT. DB 670 PG 504 IRF OFFLINE 2.48' 3 N ca CIO Lo W N o TM 64B-((A))-38 RICHARD L. NICHOLSON, JR. INST.1010013568 w 12.6607 ACRES IRF 0 �Y e 50 17 54C TM 64B-((A))-39 G TM 64B-((A))-40 �, EDNA S. ROSENBERGER '� DB 283 PG 68 (-Ctca h n EX. 40' UTILITY ESMT. B-2 10.1134 AC. 'NJ 3 DB 670 PG 504 S 61 "45'05" E 540.42' B-1 2.5473 AC. o o TM 64B-((A))-41 v EX. DWELLING I "I rn JAMES E. WISECARVER (n DB 240 PG 547 N 59"52 03" W 536.00 I RTEE, 776 N BUFFLICK ROAD IRS ® 15.00' t500' TO INTX. i30 PRESCRIPTIVE R/W) U.S. RTE. 11 LEGEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET 0 100 200 400 SCALE.- 1 " = 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL f1510063-0115-B, DATED JULY 17, 1978. DARREN S. F❑ N❑. 2257 �'o SURNX'(-14 PLAT SHOWING AREAS TO BE REZONED TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES STANDING IN THE NAME OF A.P. R. MINI -STORAGE, L. L.C. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGIfIIA DATE: MARCH 1, 2004 F SCALE: 1" = 200' FILE#: 03-006 Foltz Land Surveying, Inc. SHEET 1 P.O. Box 23 Stephens City, Virginia 22655 OF Phone 1: 540-323-1497 Fax 1. 540-868-2963 1 email: /oltz®visuallink.com 'te & A vt' r e 'e SI E /Car er rilli Cell Cob 1 17 541 1 »>• ne v 1're;ttr new o " Ditl. Geltr / VICINITY MAP - SCALE: 1" = 2000' Winchester Resione! O Airport TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DB 423 PG 30 DB 440 PG 837 36" OAK DB 659 PG 175 TREE S 61 ' 11 '45 " E IRF 552.92' EX. 20' UTILITY ESMT. DB 670 PG 504 TM 64B-((A))-33A MARJORIE G. BEAVER INST JOJO000667 o cc h N IRF OFFLINE 0.20'-? TM 64B-((A))-33 RALPH L. BEAVER & KATHLEEN H. BEAVER DB 406 PG 318 IRF OFFLINE 1.49' IRF OFFLINE 2.48 3 TM 64B-((A))-39 ;V � 00 N to TM 64B-((A))-38 N RICHARD L. NICHOLSON, JR. INS T.#01001 J568 12.6607 ACRES IRF TM 648-((A))-40 c,, EDNA S. ROSENBERGER r\ DB 283 PG 68 h n EX 40' UTILITY ESMT. B-2 10. 1134 AC. N DB 670 PG 504 S 61'45'05" E 540.42' 0 -- B-1 2.5473 AC. 'v TM 64B-((A))-33B EX o o TM 64B-((A))-41 DWELLING `n JAMES E. WISECARVER RALPH L. BEAVER & NI rn DB 240 PG 347 KATHLEEN H. BEAVER I cn DB 404 PB 623 N 59'52'03" W 536.00' BRICK POST RTE. 776 N BUFFLICK ROAD ® 17.06' (30" PRESCRIPTIVE R/W) IRS @ 15.00' f500' TO INTX. U.S. RTE. 11 LEGEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET 0 100 200 400 SCALE.- 1 " = 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOWN MAY EXIST 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL #510063-0115-B, DATED JULY 17, 1978. PLAT SHOWING AREAS TO BE REZONED TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES STANDING IN THE NAME OF oD A.P.R. MINI -STORAGE, L.L.C. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRC114IA DADATE: MARCH 1, 2004 SCALE: 1" = 200' FILE#: 03-006 Foltz Land Surveying, Inc. SHEET ty, Vs Phone 1:0540-323-1497 Fox 23 Stephens x 1. 540-868-2963 1 email: /oltz®visuollink.com Rezoning Comments Virginia Dehartn Mail to: Virginia Department of'Fransportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540)984-5600 0 Post-i Fax Note 7671 Date pages To �71 A,�S V� From Co./Dept. Co. Phone # Phone # Fax # Fax # Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 r plicant: Please fill out the information as accurately as possible in order to assist the ginia Department of Transportation with their review. Attach three copies of your plication form, location map, proffer statement, impact analysis, and any other rtinent information. . Applicant's Name: A P Q flf).- :3jV,( .1C? , ULO- Telephone: _�(p 5 - 2— Mailing Address: _ 1�'-i NLP-1✓� %.1 inC, 165 e r, VA ZZLnf�'� Location of property: Nc�4h S�CiE �t 1`�Qi��'' �Tl� CLI7a��506�c=� JZ_Z Current zoning: rIl "Zoning requested: Acreage: Z• 5`ti3 Ac• / 7 10 - I I S-4 Ac- Virginia Department of Transportation Comments: ate it, the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the APR Mini Storage, LLC rezoning application dated April 9, 2004 addresses transportation concerns associated with this request. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and tFaffie Rew-datar view. reserves a right o comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. 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 VDOT Signature & Date: 77; Notice to VDOT - Please Return Form to Applicant 20 I II # L09•-; ras 0 r s! r. u 1 I_I SIP 1d •oJ 'pa I=� 0 LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 July 14, 2004 Mr. Christopher M. Mohn The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Dear Chris: THOMAS MOORE LAWSON • TLAWSON!&01,SPI.C.COM Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 Yesterday I was advised by VDOT that they have provided you an updated comment. I am unclear as to the exact date and time, but I do believe that Public Works has also given an updated comment. Once you have had an opportunity to digest these, please give me a call so that we may schedule a meeting to discuss the same and anything else that we need to review to prepare for the upcoming Planning Commission hearing. Also I believe the owner is required to post a sign on the property. Please advise as to what needs to be done to pick up the sign. Thank you for your continued assistance and cooperation with this rezoning request. As always, if you have any questions, please do not hesitate to give me a call. Ver y yours, ze Tho s oore Lawson TML:sih cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILLKJ §RMAONLINZ.NLT July 15, 2004 9.20 PM Darren & Pam Foltz 540-868-2963 r 0 0 Regoning Comments Virginia Department of Transportation Mail to, Virginia Department of Transportation Attn: Resident Engineer 14031 Old Vallcy Pikc Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to;_ Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fi5otit the information as accurssist ately as possible in order to athe Virginia Deptlrtrrtat;t'ofTzw.wportation with their review. Attach three.coipies of ybiir application forin, loca#qu map, proffer statement, impact analysis, att4 any other. pertinent information. Applicant's Name: - t K {�(1 �n , - Sjzs tj. L>rO-- Telephone: 14 1 a 5 2 f7 �? Z Mailing Address: Zrl IVIr°,✓ �t S �t�� .� lr�i 1'n r Location of property: P l 1 d p.02 Current zoning: �(k Zoning requested: - Acreage: Z. 5-413 Ac. Virginia Department of Transportation Comments: the VDOT roadway wnlcn nas Deen considered as the access to the property refercrnccd. VDOT Is satisficd that the transportation proffers offered In the APR Mini Storage, LLC rezoNng application dated April 9, 2004 addresses transportation concerns associated Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and right-of-way needs, induding right-of-way dedications, traffic slgnalization, and off-slte roadway Improvements and drainage. Any worst performed on the State's right-of-way must be covered under a land use permit, This permit Is Issued by this office and VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant 20 • • RezonuW JR�pact , tna/�:sis Statement Proffer Statement Rezoning Request Proffer Property Identification Number 64L3-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Inu>act of Developnrent Parcel ID a 64B-((-•U)-33 The undersigned, who owns die above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the norilr side of Bufflick Road in the Shawnee Magisterial District of Frederick County, \tirglill r, from RA to B-I and B-2, the undersigned will pa), to Frederick County for the Millwood Fite and Rescue Company the suer of $3,000 at the time file fast building l>ernit is issued. Tile undersigned hereby proffers to prepare a traffic impact analysis (fIA) for the 12.6607-acre site meeting all requirements of flee Virginia Deparunew of Tnnspoiiation, should the initial site plan provide 161 a land use, whir traffic generation projections exceeding 600 VPD that utilizes the Bufllick Road, Route 776. A new IIA will identify improvements to fire road system that hill be installed by the Developer during file initial site development phase or at such a time as determined by VDOT. The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B-I zoning with a double row of white pine trees, size and spacing to be consistent with Fre(lei lck ('omit). Zoning code requirements for urini-storage, a 50' buller along the rear of the Prolerty, and that all improvements , 200 . will generally be consistent ttith those shown on the attached preliminary sketch plan dated Apri19, 2004. The conditions proffered above shall be binding upon die heirs, executors, administrators, assigns and successors in interest of the Applicant aird Owner. In the event the Frederick County Board ol' Stipenvisors grant said rezoning and accepts these conditions, [lie proffered conditions shall apply to the land rezoned ill addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY OWNER: A.I'.R. Mini Storage, l,.L.G. t—� By: ----<=----%---------- Date: � — l Z — n L / -- -- --- STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To Wit: The f regoing instnnnent was acknowledged before rme this 1 day of <1, by -*t_200 My commission expires —_ /-.3 —07 Notary Ptiblic _jAan n Papr lli of 1 REQUEST FOR REZONING COMMENTS 61 Frederick County Commonwealth Attorney Winchester -Frederick County Judicial Center 5 North Kent Street Winchester, Virginia 22601 (540) 665-6383 The Commonwealth Attorneys office is located in the Winchester -Frederick County Judicial Center at 5 North Kent Street in Winchester, if you prefer to hand deliver this form. Applicant's name, address and phone number: A .F.1. Nk;t 75-bby-da . U-C. (0t 5- RJAIA i al ikeycdrs Cou r-�, \r\J inche&- G_, , aaUb3 Name of development and/or description of the request: Location: Elfct E0./�fi g �7:yke IFS-L rj)in W i, 4+ l -ouLa . Frederick County Attorney Comments: Attorney Signature and Date: (NOTICE TO ATTORNEY. Y E RETURN THIS FORMITO APPLICANT.) NOTICE TO APPLICANT It is your responsibility to complete this form as accurately as possible in order to assist the agency with their review. Also, please attach a copy of your application form, location map, proffer statement, impact analysis, and all other pertinent information. Proffer Statement CT D- Rezoning Request Proffer JUL 2 8 2004 Property Identification Number 64B-((A))-38 PLAFREDERICKcouWty Shawnee Magisterial District T�os ENT Monetary Contribution to Offset Impact of Development y� The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of the Certificate of Occupancy for the use specified in the initial site plan, the Property Owner shall conduct a periodic actual count of vehicle trips per day from the property. If said counts reveal that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B-1 zoning with a double row of white pine trees, size and spacing to be consistent. with Frederick County Zoning code requirements for mini -storage and that all initial improvements will generally be consistent with those shown on the attached preliminary sketch plan dated April 9, 2004. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. By: �-`"� Date: a STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this -"day of 2004, by 4j�1 Necic u My commission expires GIs I lo? Notary Public CEIVED JUL 2 8 2004 rrEIUR6CK Wf,, j , 1:;LA11N1YG a DEVELOPMENT • i Rezoning Comments +.!':.:w.7-..:._::-i.:.c_-_.•Y­CM. It.^•A Iw_-R: :—eY.t^._+ - Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Band deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia .96 .v�J.: �;lP �: • S .. '•. J ApgLcant:F�l�eas,,•f11 out -the infbi i-r tion as accurately as possible in order to assist the D` �}j�jent',of �ili � ;k�� th their revtey� Attach a copy of your appli"tiou form,i, t ftr '"fi {tS bd } fgkR" l�try ti n f'— 1 . 1. i l_ationina�,�proffWstatement;impact analysis, and any other pertinent information. Applicant's Name: Q. 1 l2. r'il. n • - 5 (lL L-L'(.1 Telephone: (j 15 — 2-9 i 2 Mailing Address: U-TI NVe u,") s �nl ► ncl� S � v � 22(� r� Location of property: q9 d f Current zoning: Zoning requested: lam- Acreage: 2. 54'1 3 Ac. / 1o. tt34 Ac. Department of Public Work's Comments: Public Works Signature & Date: 711y O otice_ o.Dept; of Publie Works'= Please Return This Form to the Applicanf 21 Winchester Airport 5406622936 08/02/04 • • 12:22pm P. 002 WINO ESTER REGIONAL AIRPORT i0R gVga i - / i„r F 'rnpA � June 21 2004 A.P.R. Mini -Storage, LLC 127 Mercedes Court Winchester, Virginia 22603 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 2422 F1 Re: Land Ar ,r.2isition -- 171 ^i -Ti,* Road Winchester Regional Airport Property Map --- Parcel 53 To Whom It May Concern: i Alm 2 2004 I In the past, the Winchester Regional Airport Authority informed property owners along Bufflick Road that the Airport Authority would at some point in time, begin plans to purchase their properly. We are purchasing the properties in order to comply with the federal requirements for noise impact, as outlined in the 1993 Airport Master Plan for Noise as outlined in the 1993 Airport Master Plan for Noise Compatibility. Your property is one of three currently assigned for acquisition proceedings to be started within the next several weeks. I have enclosed a list of business that may be contacting you on behalf of the Airport Authority. In accordance with the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970, the Airport Authority is responsible for performing appraisals, surveys and in some cases environmental inspections prior to making an offer to purchase. In order to do this, personnel with these companies must have access to your property. An experienced property acquisition professional will be handling the acquisition process and will arrange meetings with you to answer questions and assist you. I have enclosed a booklet published by the Federal Aviation Administration that provides a brief guide to the acquisition process. However if you have any questions or concerns you can also contact me directly at any time at (540) 662-5786. You have been valueb!e neighbor and friend and I want to assure you that we ::i!! do everything within our means to make this acquisition process a smooth transition. Thank you for your continued support and cooperation. Sincerely, 1 Serena R. Manucl Executive Director Enclosure Cc' John Longnaker, Delta Airport Consultants w/o enclosure Joe Delia, FAA/'WADO w/o enclosure Tony Cox, DOAV w/o enclosure Mark K. Flynn, Legal Counsol, WRAA w/o enclosure NI LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 July 27, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: VIA FACSIMILE AND U.S. MAIL Dear Ms. Mills: 0 TIIOMAS MOORE LAWSON • TI,AWSON(,,LSPLC.CONI A.P.R. Mini -Storage, LLC Our File No. 250.006 Enclosed is a revised Proffer Statement, which has been signed by the Owner. Please review the same and advise me of your comments. Also, please give me a call to confirm A.P.R. Mini Storage's dates before The Planning Commission and Board of Supervisors. Thank you for your assistance and cooperation with this rezoning request. I look forward to hearing from you shortly. Very trul yours Thom s Mo re Lawson TML:atd Enclosure cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FAcsmuLE: (540) 635-9421, E-MAIL: SILEKJQLYNXCONNECT.CONI Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of the Certificate of Occupancy for the use specified in the initial site plan, the Property Owner shall conduct a periodic actual count of vehicle trips per day from the property. If said counts reveal that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B-1 zoning with a double row of white pine trees, size and spacing to be consistent with Frederick County Zoning code requirements for mini -storage and that all initial improvements will generally be consistent with those shown on the attached preliminary sketch plan dated April 9, 2004. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. By: ��� Date: l STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this ;�74 hday of. 2004, by au , My commission expires 10? Notary Public July 15, 2004 9;20 PM Darren & Pam Foltz 540-868-2963 p.02 Virginia Department of Transportation MMail. tub Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Plkc Edinburg, Virginia 22824 (540) 984-5600 0 Itand de fiver toi Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 A i X cant . Please,. ll Out tire information 9s accurately M possible in oidet' :... i finis a aiik'Qf Tx' p Y.xg', p per►. , . �?�sportatson with their view. �ttaefi`three.ir� fee of :bir ppliF tiara axtTni locaiiori dnap, pro d' statements impact anal hy'Aliex.;,:°" Applicant's Name: o in', - S�zsYt� c'�. LI - r^1 Telephone; 1 d f n 5 2. 23 Z Mailing Address: ri P f VA Location of property: P r No S, c� e x �' r✓� �-j �> �70 St�o � Current zoning: Pik Zoning requested: - I' Acreage: Z 5t3 sr-- I Virginia Department of Transportation Comments: the VDOT roadway whlcn nas been considered as the access to the property rePeroncad. VDOT [e satisficd that the transportation proffers offered In the APR Mlnl Stora9e LLC rezoning application dated Aprll 9, 2004 addresses transportation concerns associated N Before development, this office will require a complete set of construction plans detalling entrance designs, drainage features, and right-of-way needs, including right-of-way dedications, traffic slgnalization, and off -site roadway Improvements and drainage. Any work performed on the Statya's right-of-way must be covered under a land use permit. This permit Is Issued by this office and VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant 20 Fe -.- -- . 11 VDOT E (" inbur0 NU)Id(3hGY 41 oc"I �003��10 �o��c A Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 AppY canf .Pieas.e, fM:6ut the information as accurately as possible in order to assist the ..:.: . Virginia Uepariment of Transportation with their review. Attach.three.copies of.y9p.r application form, location map, proffer. statement; impact.analysi§ an% any otlier.: .'.! pertin.ent.xnformation,, '' Applicant's Name: (Ait)_ 5lvy-(I(P., UL02- Telephone: 16 l0 5 - 2''7 j2 Mailing Address: IZri rV\,EyCo& S Ce) + V►4 ZZ(o Location of property: Nc, ) 5,�e Ot ��,����r' `J�Y�� CLb,d 60 -V4 tfl6 Lt)+- 522 Current zoning: Zoning requested: Acreage: Z, 5qq 3 t1;c. / Virginia Department of Transportation Comments: See attached comments from VDOT dated November 6, 2003. VDOT Signature & Date: 11/06/03 Notice to VDOT - Please Return Form to Applicant 20 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 VDOT Comments to A.P.R. Mini -Storage, LLC Rezoning FAX (540) 984-5607 November 6, 2003 The documentation within the application to rezone this property appears to have a measurable impact on Route 776. Route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the rezoning application dated August 1, 2003 addresses transportation concerns associated with this request. Actually, there appears to be no transportation proffers whatsoever in this rezoning package. There is some mention of improvements being addressed during the site plan process on Page 6 of 16. However, this does not address any specific requirements that will be necessary. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. 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. Thank you for allowing us the opportunity to comment. Ben H. Lineberry, Jr., P. Transportation Assistani BHL/rf Attachment sident Engineer VirginiaDOT.org WE KEEP VIRGINIA MOVING 0 0 Rezoningi �K�� �:NS -� '�i�i v.W1 :iAV71 L"Y'[i � �a1 1'J.�:S�'" ?. .�i•� 1]'.'� �..✓ Fire and Rescue Company Name of Fire & Rescue Comnany: Address & Phone 1 LLUJ 00 D 51-PvTt Uteri _ o, �-�ox 3©37' C Applicant . Please_ fill' out the information as accurately as possible in order to assist the Fird and Rescue: Squad_with:,iheir review. Attach a copy of your application form, location z - map, pcoffefstateW6tC i npa'ct analysis, and any other pertinent information.. Applicant's Name: M n; - ,9Ya (L , l-� Telephone: W 6 5- Z"1 q 2 Mailing Address: �2'1 1'�P.r�C12S �lSl�r� VA 2zLn n Location of property: Current zoning: (LA Zoning requested: 7i 56o I Acreage: Z. 54 q 3 A- c . �2 i6. ►I Ac. Fire and Rescue Company's Comments: PP-oPCF12- i4yj, 4,ft _Si°4ce .4S S 7% A4, J/rL. Fire & Rescue Company s Signature & Date: Notice to Fire & Rescue Company - Please Return This Form to the Applicant 32 RECENEC OCT 1 0 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept- Attn: Fire Marshal County Administration Bldg_, 1st Floor 107 North Kent Street Winchester, Virginia Applicant's Name: NT C Iy n. - 3} r oa , Telephone: LP % 5 - 2 2 01 2- Mailing Address: 1 Z ri f' (� �� �h LL W Locationproperty: of ert pr 4er��rrS�('v�i Current zoning: Zoning requested: f Acreage: ' U `5 • 1j - Vic. I Fire Marshal's Comments: Fire Marshal's Signature & Date: hce'tgFire'Niiarshal = Please Ref 22 0 i This Form to the Appli 0 . Control number RZ03-0012 Project Name A.P.R. Mini -Storage Address 127 Mercedes Court Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received 10/10/2003 City Winchester Tax ID Number 64B-A-38 Date reviewed 10/15/2003 Applicant A.P.R. Mini -Storage L.L.C. State Zip VA 22603 Fire District 21 Recommendations Automatic Fire Alarm System Yes Date Revised Applicant Phone 540-665-2792 Rescue District 21 Election District Shawnee Residential Sprinkler System No i ir,'tiUi1-r1IIIU,!"'itS Emergency Vehicle Access Hydrant Location Fire Lane Required Not Identified Not Identified Yes Siamese Location Roadway/Aisleway Width Special Hazards Not Identified Not Identified No Emergency Vehicle Access Comments Access Comments Additional Comments Iis .�� � ��i .',1:..� �: �,.. ii I[�...'i I"I, .. .., {�i-.. 'J'. :i �. � !. .. II., .: ..G. .il .. ..i(�. � .i: I�.. rij•. I i .I'„ .., l�) I11� I;.u,.,-:{ I il,; IIIII ) t�•i '�.I I:���,' „� ti;l_:1[c:l :.c:l ll Ill li.. �:I.:. (� ,�! � 'ic; l;l li�ul,,.�i iilUll'. �•.,I nl fiU{l:il' [.illlcait d6k_—'S ilia 111011 lt:.i hlia_:I ; I:,.IICIiI,IIU )Ii {'.ill{V;'ru).i _ .;U�)il ;:i 1, )I.li:l III' i;lli�l�l..'�i .i; �� �I: ,•1 i1 .1 :.. ��� i .�Ililll, .�1[ ii:' ll i•' i,l il�-i �I Plan Approval Recommended Reviewed By Signature Yes Timothy L Welsh 9 A Title Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia plicant; P16ase fill out the information as accurately as possible in order to assist the Sti, th6ri -* 'ththeir, 9 - i review. Attach a copy of your application form, location ..�y,wj �u, ma roffer:statement, Impact analysis, and any other pertinent inf6rmation. Applicant's Name: -A - C 0. M - 2 .1 LJ-P— Telephone: � 65-2r6'2 Mailing Address: 2`-1 mo- Y- C-p- Cite --D 06--1 i,- V WInchi--ky". NJA Z21z03 Location of property: �A C)-,(4A-) dk- J" �01ke- E;bo Z2- Z. Ac.1 ii. Current zoning: Zoning requested: 0 Z Acreage: io. 3q Pt Sanitation Authority Comments: -2 c: t,, —4 Sanitation Authority Signature & Date: , WINCE 25 Rezoning Comments :r,..._.,..,:...:.:.:..r_.:.,:.,r...,.:........,,.:.__..,..,..:::::::��::::.x::.,..,..... ._:. •.:•••:�.U.\`•.`:^^:GA::NOYnU::iA:]OJb�Mh:Y:aCi:N:JC:dF\ti.A+W\SNCBv'.CJI�\\V�YX0."S:/. .:.-5^...a`hnv Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review_ Attach a copy of your application form, locatio map, proffer statement, impact analysis, and any other pertinent -information. Applicant's Name: A �' n1,Y,; _ tea t,? L L C Telephone: (e (o - Z r1'I' 2- Mailing Address: Z me,"-C-L dt 5 616-Lk ,--V Yet Y,� I•Q s YA 2-26 f) 3 Location of property: Iy �f ��'1 S b� �� q rl� (0).-o } 560 Q-A of tlu� Z,r04�S.tr-i,v,n l,, Current zoning: �fk Zoning requested: Fred-Winc Service Authority's Comments: . o wvm" Fred-Winc Service Signature & Date: Acreage: 2.5y 7 3 AC . / tv. t 139 Ac . )tice to Fre&Winc Service Authority - Please Return Form to Applicant 34 0 0 Rezoning Comments Frederick -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia nation; ds-accurately .as.possible inorderto assist the n h t wit their review.- Attac a c OPY of .tin iroffer gtatemeh�t, timpa-d analysis, and any! other, A, Applicant's Name: Telephone: Mailing Address: CE-) 5 Location of property: Current zoning: Zoning requested: Acreage: Frederick-Winchepter e'alth D7partment's Comments: 1,2 Zz Health Dept. Signature & Date: Notice tq;'Heal Department Please Return 'This 'For"m to the Applica nt. 26 2 0 0 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX:540/678-0682 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, Virginia 22655 November 3, 2003 RE: Rezoning for Parcel #64-((A)) - 38 - A.P.R. Mini -Storage, LLC Frederick County, Virginia Dear Darren: We have completed our review of the proposed rezoning request for Parcel #64B-((A))- 38 and offer the following comments: 1) Refer to Item C. Traffic: We concur with your conclusion that the proposed development will "have a significant impact on traffic along Route 776 Bufflick Road." We also agree that improvements to Bufflick Road will be required prior to or concurrent with the development of the subject property. However, the impact analysis does not specifically indicate who will find and implement these inn-ro`,'ements. Th;S issue shall he gddressed and resolved prior to approving the proposed rezoning. We might add that the enclosed proffer statement did not specifically address any road improvements. 2) Refer to Item F. Drainage: The impact analysis indicates that stormwater management will be required if this parcel is developed. We concur with this statement and would add that stormwater/drainage easements may be required if detention ponds are installed to create point source discharge conditions. 3) Proffer Statement: The proffer statement form included with our review package was incomplete. Provide a completed form after addressing the above comments. 107 North Kent Street • Winchester, Virginia 22601-5000 0 • A.P.R. Mini -Storage, LLC Page 2 November 3, 2003 I can be reached at 665-5643 if you should have any questions regarding the above comments. Sincerely, t � —ey . Strawsnyder, Jr., P.E. Dircrtor of.'ublic Works HES/rls cc: Patrick Davenport, Frederick County Planning and Development file M I October 27, 2003 Mr. Darren S. Foltz, L.S. Foltz Land Surveying 1-1.O. Box 23 Stephens City, Virginia 22655 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments A.P.R. Mini -Storage, L.L.C. Rezoning Application Property Identification Number (PIN): 6413-A-38 Dear Darren: Upon review of the proposed Rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the Rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. Also, there are no identified battlefield resources that this proposal would impact. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Rebecca Ragsdale Planner I RAR/kac cc: Bessie Solenberger. 11RAB Chairman 107 North Kent Sheet - Winchester, Virginia 22601-5000 Ra ain Cotnab • Wincliester Rogivnal All -port Wm Immer Reeinnel Air1wxt Attn Executive Mentor 491 Q pw ( Rued WizPh %P1,virsirliamw (540 662-2422 Llama .lI AuI tai W i rwhf-Orr A r V nflA 1 A i Tnrr AM: Executive Dimctot 491 A irpurt Road (Kt 645, olt at'kU- ill South) Winchester. Virginia C,'r`.� ora couu r Hach, . of ywtf Appkeitltl+i t �.. t IFf iil M`ttar lierl4est loipl WN Nrvud, �,r; - �rt3 �r LLC iClcylwuc. �(��3 .Z'iri Z Address: I" a of Property: - Nr-f 'G 1 ��10 MAC- -r� W ' ►t f 560 c C (, �k LIZ. at zou4: � Loning rcquwcd: Acmgt: Z. `,.i913 A c / 151 A<_. er Woasd Airport's Cs cuts: Oea-sv -,-ife It U& r- t Regional Airport's C • A Date- c-5 PC]�►C��nl� 30 OINCHESTER REGIONAL al: ORT 491 AlnpoFIT n0A0 WINr.NMRTER VIRcUMIA 2jgC2 fS�" 410113422 _F4111111bruarY 18, 2004 A.P.R. Mini- Storage, LLC 127 MetT.vUVv Cuun Mister, Virginia 22603 Pw R.mning Comments Partel ID 0 64Bd (A))-38 — 112.15607 Acres Rrcur►itw Requeatttd f3-1/13-2 Shawnee Magisterial District Des Mr. I;oh:: The reel of lend yuu are requeoting a rezoning for Includes a seetm of " xlmatety 5 40 acres adjeonni to existlnp airport Ixooerty identified by the Winchester Reglond Airport Atnhortty for fee simple acrjoknoinn havo onolo"d a oopy of the Airport Property Map that chows the seutiull of ttw Pam needed for "uirWUun IdendMed on our map as parcel 53, owned by Nicholson. ThW nrcel of land akxtq with several other parcels, has been programmed In the AjrPc it's Tw" Yaw Master Plan, Fredonok County's Comprehensive Plan, Frod rick Cow ty'e Capitoil Imprevo+ncnt Plan and the Five -Year flan for the Virginia De"r1meM of Aviation and the Fode►al Avieliu►► "ftifHytratlon. ROM�IeMs kvfnp along the northern side of Aufflick Road that have property ►da Iffl rl for a ieltlon on *m Airnnrt's� IlAnst.r Plan were immedlatoty nottMed Won compWim of Maser Plan Updale In 1993. They each received a copy of an estimated ti b o ouWning when ■cqulsftFon proceedings would proceed. Fund np for the proliminary work (surveys. appraisals, envinxtmeMal assessments. etc.) I o acquire thew► r4"s of rxoperty including this parcel is In the current budget and id in progroes. Funding for 1h* soquitAlon of load io in the Airport's budget for FY 2005 that begins July t" of this y"r. For s Alrt+n and G R ur1N is nee FAR real years, development ►nquinng land aoquisOkm at the Winchaver Regional has focuaad on the Runway 32 (southwest) and. Now that thoee land projocto nplete, the Airport is actively working on acquiring several parcels on the y 14 (itualturst) which Includes Mw above referenced parcel. Land acqulshlon 5sary because many of the Identified parcels are located within the Airport's krt 77 primary surface and/or approach surface. • rider Ow Federal Aviation AdminlstrAtlon'n Part 77 SivlAry+ FMiNrnmrmfa, thA Akprwt rsqulrad to own fee simple property wlthr the Primary Surfoco. Thio roquKomont to NI1 im*fffa w, ttk+ rnrtn nt WU0r&4 15 2 Tlw nvu taus w:rw Uw siviated fur :qulattton Hoe wtthln the alrpon'o runway protoclron Zone (NNZ) at 6o foned on the lclosed map. I Rm available at any bms to meal wkh you or the, landowrtioro to wor4r out o oolutlon t wnukt be henafWal to Ihom. HownvMr, I am tiombl i to vuppUit Uw r61c1-01irry at for tide wtm 12 pOus sore parcel. Un bel'AN of Vie Wlnchataer McWnal rpvd Authacity, we discourage a mzoning that would allow for dev*kmm A on the ntMed nve-.acre eke. xw du rrtl 10011444 lu CIMIIrc;l MW to disoucs 0119 Issue or If you haw QUOSbona at ) 662ti57M. ank you for your cupport and I bok forwokrd to wnrking with ynir on IINA mxftar 4�,��C, 4 � rr\wr,-� rene R. Manual PcWvo Drr9mr Charkm L. Wemot. Jr„ Chairman, WRAA w/o end Ere L.awwcs, Diremor, Frodwtck County Planning w/o onc) Marts K. Ftynn, Legal Counsel, WIUV1 w/o enol i 0 0 0 RCZOMi 7g Impact Analysis Statement for Parcel ID # 64B-((A))-38 Shawnee Magisterial District Frederick County, Virginia August 1, 2003 Revised April 9, 2004 Prepared by Darren S. Foltz, L.S. Foltz Ladd SunTying P.O. Box 23 Stephens City, VA 2265 ) 540-868-2963 Fax 540-323-1497 f oltz@visi.talliril:.coln Rezoning Impact Analysis Statement 0 0 ParceIID # 64B-((.•1))-38 • • Table of Contents Introduction A. Suitability of Site B. Surrounding Properties C. Traffic D. Sewage Conveyance and Treatment E. Water Supply F. Drainage G. Solid Waste Disposal Facility H. Historical Site and Structure I. Impact of Community Facilities I Other Impact Exhibit #1 - Boundary Survey Exhibit #2 - Boundary Survey w/ Rezoning Acreage Exhibit #3 - Flood Map Exhibit #4 - Soils Map Exhibit #5 - FCSA Water & Sewer Map Exhibit #6 -Frederick County Lnpact Model Exhibit #7 -Current Deed Exhibit #8 - Current Tax Statement Exhibit 119 - Proffers Page 2 of] 6 3 3 4 5 6 6 7 7 7 7 7 8 9 10 11 12 13 14 15 16 RezoninglmpactAnalysis Statement Pat celID # 64I3-((,4))-38 • 0 Introduction • Tills parcel contains 12.6607 acres (see Exhibit n 0 and is location on die nortli side of Route 776, Bufflick Road about 500' east of the intersection with Route 522, Front Royal Pike. The parcel is curreiitly zoned RA and it is the desire of the current owners to rezone die entire parcel, 2.54,73 acres to B-1, ncighborliood business district and 10.1134 acres to B-2, Business general district and (see Exhibit H2). The parcel is within the Urban Development Area as shown ui the 2000 Frederick County Comprehensive Policy Plan and is shown as an area of proposed busuiess/office on the map of the Route 50 East corridor study. This parcel is located near the Route 50, Interstate 81 interchange and Route 522. It adjoins the Winchester Regional Airport which makes it a desirable location for conuriercial/business development. The location of neighborhood business district (B-1) along die existing frontage on Bufflick Road will allow for the transition from the existing uses of homes and small businesses on Butllick Road to the business general district B-2 which will adjoin the Winchester Regional Airport. A. Suitability of the Site The parcel is well suited for cornmercial development_ The land slopes gently from wide hilltops to drainage swales and could be easily graded to maximize the conninercial potential. • 100-year flood plains No portion of this property lies within die 100-year flood zone as sliolvn on F.I.R.M. Panel H510063- 0115-13, dated July 17,1978 (see Exhibit 113). • Wetlands No wetlands have been identified on die parcel. Some portions of the drainage swales along the eastern • boundary line are poorly drained due previous farm traffic and may show signs of wetlands. However these are not natural and with minimal grading these conditions would cease to exist. • Steep slopes (over 5096) No areas of steep slopes have been identified on die parcel. Two small areas which may contain slopes over 15% are highlighted on the Soil Survey of Frederick County, Virginia, Map (see Exhibit UQ. • Mature Woodlands Some mature trees are located along die north boundary line and around the existing house. The site is generally considered to be without mature woodlands. C7 • Prime Agricultural Soils As shown on de Soil Survey of Frederick County, Virginia, Map (see Exhibit 114), the parcel contains the following soil types: 3B Blairton Silt Loam 2%-796 slope 41B Weikert-Berks (cliannery silt loam) 296-796 41C Weikert-Berks (cliannery silt loam) 796-15% 41D Weikert Berks (cliannery silt loam) 15%-25% The soils in these categories are generally shallow to moderately deep. Hard shale bedrock is found at a depth of 15" to 30" below the ground surface. There arc no known critical areas on the parcel. Page 3 o1-16 • Rezoninglmpact lln.d) sis STatenicnT 0 • B. Surroun&ig Properties Parcel Il Owner Nunes/Address ADJOIATIATC O I (rNL'RS 64B-((A))-33 Ralph L. Beaver & Kathleen 11. Beaver 135 Bufflick Road 64B-((A))-33A Beverley M. Beaver 1400 Opequon Avenuc 64B-((A))-33B Ralph L. Beaver & Kathleen 11. Beaver 135 Bulllick Road 64B-((A))-39 Winchester Regional Air1x)rt 491 Airport Road 64B-((A))-40 Edna S. Rosenberger 223 Bufllick Road 64B-((A))-41 James E. Wisecarver 203 Bufllick Road 64-((A))-88 Winchester Regional Airlxort 491 Airport Road A CROSS B urrLICK ROAD 64B-((A))-61 William L. Copenhaver 210 Bufllick Road 64B-((A))-62 James E. Wisecar er 203 Bunlick Road 64B-((A))-63 John A. Pearson & Donna T. Pearson 192 Bufllick Road 64B-((A))-64 John M. Omdorll' 399.Windsor Lane 64B-((A))-65 John M. Orndorff 399 Windsor Lane 64B-((A))-66 John M. Orndorif 399 Windsor Lane 64B-((A))-67 William J. Frederick 160 Bufllick Road 0 Page 4 of 16 Pxcel ID N 64B-((,V)-38 Zone Use RA RA RA RA / Airf)ort RA RA RA / Airport RA RA / Auction Warehouse RA RA RA RA RA RezoniwI-PactAnal}sis Statement AwceIID # 64B-((A))-3g • Parcel # Owner Names/Adclress Zone se ACROSS BLIT'ITICK ROAD (Continued) 64B-((A))-68 Lily M. Ashby RA 154 BufIlick Road 64B-((A))-69 Lily M. Ashby RA 154 Bufllick Road 64B-((A))-70 Milford J. Mathison RA 3920 Northwestern Pike 64B-((A))-71 Donald M. Bowen & Arlene C. Bowen RA / Body Shop 2535 Hockman Avenue All adjoining properties are identified in the 2000 Comprehensive Policy Plan for Frederick County, Virginia, as proposed Business/Office (as shown on the Route 50 East Corridor Future Land Use Map). C. Traffic PRESENT The parcel is less than one mile from the intersection of Route 50 and Route 522. This intersection is near the Route 50 Interchange with Interstate Route 81 with its frontage on Route 776 Bufllick Road being 500' • from the intersection with Route 522. Route 776 Bulflick Road is classified as a local road in the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. PAST Traffic Data From Virginia Department of Transportation (2000) Route 522 Between Route 50 and Papermill Road 14,000 TPD (1999) Route 776 between Airport and Route 522 490 TPD (2000) Route 645 between Route 728 and Route 522 2,000 TPD FUTURE The Eastern Road Plan Map in the 2000 County Comprehensive Policy Plan (CPP) of Frederick County, Virginia, shows a new major collector road crossing Route 522 near fire intersection of Route 776. This new major collector continues northeast from Route 522 passing near the northwest corner of this parcel and continues to a new intersection with Route 50. The future traffic impacts for this proposed commercial development have been estimated using the ITE Trip Generation Manual, Sixth Edition under die category of Mini -Warehouse for the B-2 portion of the Rezoning, and die category of General Office for the B-1 portion 0 Page 5 of 16 Rezo-ri* Impact Analysis Statement 0 • Parcel ID 1164B-((.-t))-38 Based on the attached preliminary sketch plan, there will be a maximum of- 20,000 square feet max potential building area of B-1 150,000 square feet max potential building area of B-2 Using the information from the ITE Manual B-1 20,000 x 11.01/1000 = 220 Average Vehicle trips Weekday 20,000 x 1.56/1000 = 31 Average Vehicle taps AM Peak Hr. 20,000 x 1.49/1000 = 30 Average Velucle trips PM Peak Hr. 20,000 x 2.37/1000 = 47 Average Vehicle trips Saturday 20,000 x 0.98/1000 = 20 Average Vehicle trips Sunday B-2 150,000 x 2.50/1000 = 375 Average Vehicle trips Weekday 150,000 x 0.28/1000 = 42 Average Vehicle trips AM Peak Hr. 150,000 x 0.29/1000 = 44 Average Vehicle trips PM Peak Hr. 150,000 x 2.33/1000 = 345 Average Vehicle trips Saturday 150,000 x 1.78/1000 = 267 Average Vehicle trips Sunday The generation of 595 trips per day from 150,000 sq. fL of mini warehouse and 20,000 sq. ft. ofgeneral office space would have a significant impact on traffic along Route 776 Bufllick Road. Improvement of road infrastructure upon development of this parcel would be necessary. Improvements will urclhrde pavement widening and taper, commercial entrance to site, and right-of-way dedication as shown on attached sketch plan and must meet the requirements and approval of the Virginia Department of Transportation and Frederick County Zoning. . Potential hnpact from high traffic uses allowed in the B-2 zone: • Average Vehicle Trips Weekday Lumber Store 150,000 x 40.67 / 1000 = 6100 Discount Superstore 150,000 x 46.96 / 1000 = 7044 Retail Center 150,000 x 39.71 / 1000 = 5956 D. Sewage Conveyance and Treatment Sewage from this parcel will be treated at the Opequon Water Reclamation Facility An 8" main is located through the north portion of die parcel and a 12" main is located along the south and east boundary lines (see Exhibit ti5). Sewage flows for mini warehouse site are dependent on if there is onsite management. The estimated amount for the 150,000 sq. E B-2 area is 500 GPD. The estimated amount for the 20,000 sq. ft. B-1 area is 6,000 GPD. Hence, a combined total of 6,500 GPD is estimated. E. Water Supply A 16' water main currently serves this site. Water- is provided by F.C.S.A. Page 6 of 16 Rezortigg I - pact Anal] sis Sbtenrent Par rel ID • 0 F. Drainage Three natural swales carry the runoff from this parcel. They eventually flow to Sulpliur Spring Ruii. Storm water management wi11 be required if this parcel is developed. During the site plan process the stone water management will be designed as required by Frederick County code and approved by the Frederick County Public Works Department. G. Solid Waste Disposal Facility The Frederick County Landfill is the nearest solid waste facility. It is approximately three miles northeast of this parcel. The amount of solid waste generated by the developed parcel lras a maximum potential estimated at 200 pounds per day. H. Historical Site and Structure There are no known historical sites or structures as listed on die Virginia Landmarks Register and the National Register. No major battlefield or foitifica6orr/entr-enchment exist on this parcel as represculed on the Civil Battlefields & Sites Map included in die 2000 County Comprehensive Policy Plan (GYP) for Frederick County, Virginia. I. Impact of Community Facilities Education No impact expected Police Protection Minimal impact (Provided by Frederick County Sheriff's Department) Fire & Rescue Protection Minimal impact (New Millwood Fire Stations is widiin two miles of this parcel) Parks & Recreation No impact expected Solid Waste Disposal Minimal irnpact I Other Impact No odier significant impacts expected. • Page 7 of 16 Re—fung Impact Anab sis Statement Parcel ID k 64B.((A))38 • ., � szz � °"" • In via • eVrrr / 4 , r.tl r.. b. ffj VICINITY IAAP SCALE: I 2000 "/"re.,l., Rr,lnw.r _i WINCHESTER REGIONAL AIRPORT AUTHORITY PB 423 PC JO OB 440 PG 837 J6" OAK OB 659 PG 175 TREE S 6 l' 11 '45' E 551.92' IRF �EX 20' UTILITY ESAIr- OR 670 PG 504 IRF OFFLINE 2.4B' 3 TM 648-((A))-JJA 1M 648-((A))-J9 AtARJORIE G. BEAVER 4i cbv e INSFIOJ00006671Z) III � b N �* TM 648-((A))-J8 K o RICHARO L. NICHOLSON. JR. INST./0100IJ566 2 12.6607 ACRES IRF IRF QcFLINE 0.20 � ( TM 646-((A))-JJ RALPH L. BEAVER & KATHLEEN H. BEAVER OB 406 PG JIB IRF OFTLINE 1.49' TM 648-((A))-JJB RALPH L. BEAVER & KATHLEEN H BEAVER 00 404 PB 62J BRICK POST 0 17.06' EX. 40' UTILITY ESAtr.- 1 r D8 670 PG 504 II QEX. DN£LLING N 59'52'OJ" W 5J6.00' RTE. 776 - BUMICK ROAD 1500' TO INTX. (JO' PRESCRLPME R/lv) U.S. RTE I TM 646-((A))-40 h EONA S. ROSENBERGER Vr OB 18J PG 68 0 0 p TM 648-((A))-41 " JAM£S E IYISECARVER to OB 240 PG 347 1 IRS 0 15.00' LEGEND: 0 Too 200 4Qo IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCAT Fr ! ' 200' NOTES: -------- --- ------ -- -- --- -- -- — --- 1. NO TITLE REPORT FURNISHED. £ASEAI£NTS 0111ER THAN SHORN AtAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES NlTIUN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL 1510063-0115-8, DATED ✓ULY 17, 1978. BOUNDARY SURVEY PLAT T}{ Op 1, 12.6607 ACRES 1 STANDIA'C IN TNF. NAA1F OF RICHARD L. NICIIOLSON, JR. SHAWNEE MAGISTERIAL DISTRICT, EREDERICK COUNTY, VIRGINIA DARREN S. TD DATE: JUNE 11, 2003 SCALE: I- = 200' FILET 03-006 NO. 2252 Foltz Land Surveyi'ILg, %71c. SHEET PO. Be. 23 Stephens City, Yrybr;o 22655 OF Phone 1: 540-323-1497 Fox 1: 540-868-2963 e.no7: lollrOnsvcIrnk co - Page 8 of 16 Exhibit W 1 - Bound:uy Survey 1?CZ011 1Bjpaa An SLalcnlcl/t • RarrclID,V 64B-((11)),98 • L� • SITE s`• .•I• U f�l %� ranr - SCALE: 1 = 1090 , Al.... ' IAI 6 4 - AI88 t171JClfESTfR REGIONALL AIRFORI AUINCtRIIT 08 42J PC !0 08 440 PC AJ7 36" OAK 06 659 PG 175 \ TREE S 61.1 1 '45 " E l F 552.92' CR 610 PG 504 IRF OF1(rNE 2.48' Z v TM 648-((A))-33A �t TAf 648- Al -J9 MARJORIE G. BEAVER 1br o INST.1030000667 N " TM 648-((A))-.i8 K 00 RICI MRO L. NICHOL SON, JR. INST.1010013568 12.6607 ACRES /nF IRF OFFL/NE 0.20 2 TAf 648-((A))-40 iy EL'NA S. ROSENFERGI.R TM 648-((A))-JJ �(ti L/8 183 C; 68 RALPH L. BEAVER & KATHLEEN H BEAVER — ti I.T. 40' U11L111" ESAU. 00 406 PG 318 B-2 10. 1134 AC. I hl 3 ve 5,-o FG 504 IRF OFFLIN£ 1.49',-"-, S 61.45 05 E 540.42r 0 (( )) 6-1 2.5473 AC. ' v (( ) TM 64B- A -JJB EX. 011TLLING o p TM 648- Al -41 RALPH L. BEAVER do r; � I �) N ✓AYES E. IVISECAR►TR KATHLEEN H. BEAVER °f t„ OB 240 PG 347 06 404 PB 62J N 59'52'OJ' IY 5J6.00_I BRICK POST 6 - BUFTLICK ROAD A 17.06' RTE 77 t500' TO INTX. (30' PRESCRIPTIVE R/W) IRS 0 I5.00' US. RTE. 1 I LEGEND: IRF = IRON R£BAR FOUND IRS = IRON REBAR SET 0 10P IC-O ,.,. SG1 E: I* - 200' NOTES.- 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER WAN 511011N AItT LAISI. 2. NO PORTION OF THIS PROPERTY LIES WITHIN VIE ICO YEAR FLCCD [C'NT' AS SHO1111 /'N FIRM. PANEL /510063-0115-8r DATED JULY 17, 1978. PLAT S1/0111AC AREAS TO BE RF70A'ED ,c1J•T}� OF t/ TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES �1 �Gr STANDIAC IN THE X.ififF of, A.P.R. MINI-STORACE, L.L.C. 7 SIIAYRIEE t.1AG15TERIAL DISTRICT. FREDEar Y. LOU111Y. •.11T. X11A V DARREN S. t-OlT2 > DATE: MARCH 1. 7904 SCALE: t" _ ;n� fqE/: 03-076 Foltz Land Surveying, Inc. SHEE► NO. 2257 �� .If-�t�` SUR PO Po. I! SfeOhent Gfy, tt•o;a;o 71655 t pr me-e 1: 540-37J-1497 r.. 1: 540-8f9-i96i r-04 IcHrc.:slnlr & cc— t Pa6t- 9 of l6 Exhibit 112 - I301111dary Survey «/ Rezoning Acreage Ile—r-ig Irnpaa Anal] sis Statement ParcrlID H 64B-((A)),3g 21 0 ONE AIN I 1'9 lePage 10 of 16 WINCHESTER oG MUNICIPAL s AIRPORT O O Exhibit #3 -Flood Map • RezonuV Impact Analysis Swenien[ Pa c'rI ID !/ 64I3-((,v1Y38 JI 361 , 6~ T- I�PP� ' � • ,1 3B ' 3C . � --_ �� '.� Sul •:� IL IB co � h t j W. .c; IB .80 c 5 % ers V aliy , lE �.x. . IC �. /4 Alf T S. 913 1 , ! fi 41D.' 9B� • Page 11 of 16 I.xhibit #4 - Soils Mal) Rezoning Impact Analysis Statement for Parcel ID # 64B-((A))-38 Shawnee Magisterial District Frederick County, Virginia August 1, 2003 Prepued by Dw-ren S. Foltz, L.S. Foltz Ladd Surveying P.O. Box 23 Stephens City, VA 22655 540-868-2963 Fax 540-323-1497 foltz@visualliiik.com RezarH4Impact An, Introduction A. Suitabilil B. Surroull C. Traffic D. Sewage E. Water S F. DraiIlagt G. Solid W H. Historic I. Impact c I Other Ii Exllibit # 1 - Bo Exhibit 112 - Bo Exhibit 113 - Flo Exllibit 114 - Sol Exhibit 115 - rC Exhibit 116 - Fre Exhibit 117 - Cu: Exhibit 118 - Cu. Exhibit 119 - Prc 1'.?gc 2 of 16 Rezoning Impact Analysis State 0 ^ AvicelID // 64B-((A))-38 Introduction This parcel contains 12.6607 acres (see Exhibit it I) and is location on the north side of Route 776, Bufllick Road about 500' east of the intersection with Route 522, Front Royal Pike. The parcel is currently zoned RA and it is the desire of the current owners to rezone the entire parcel, 2.5473 acres to B-1, neighborhood business district and 10.1134 acres to I3-2, Business general district and (see Exhibit 112). The parcel is within the Urban Development Area as shown in (lie 2000 Frederick County Comprehensive Policy Plan and is shown as an area of proposed business/olfice on the trial) of the Route 50 East corridor study. This parcel is located near the Route 50, Interstate 81 interchange and Route 522. It adjoins the Winchester Regional Airport which makes it a desirable location for corrunercial/business development. The location of neighborhood business district (B-1) along the existing frontage on Bufllick Road will allow for the transition Dorn the existing uses of lionies and small businesses on Bufflick Road to the business general district I3-2 which will adjoin the Winchester Regional Airport. A. Suitability of the Site The parcel is well suited for commercial development. The land slopes gently from wide hilltops to drainage swales and could be easily graded to maximize the commercial potential. • 100-year flood plains No portion of this property lies within the 100-year flood zone as shown on F.I.R.M. Panel 11510063- 0115-13, dated July 17,1978 (see Exhibit fl3). • Wetlands No wetlands have been identified on the parcel. Some portions of the drainage swales along the eastern boundary line are poorly drained due previous faun traffic and may show signs of wetlands. However these are not natural and with minimal grading these conditions would cease to exist. • Steep slopes (over- 1596) Two small areas which may contain slopes over 1596 are highlighted on tine Soil Survey of Frederick County, Virginia, Map (see Exhibit tt4). • Mature Woodlands Some mature trees are located along the north boundary line and around the existing house. The site is generally considered to be without mature woodlands. • Prime Agricultural Soils As shown on the Soil Survey of Frederick County, Virginia, Map (see Exhibit 114), the parcel contains the following soil types: 3B Blairton Silt loam 2%-790 slope 41B Weikert-Becks (channery silt loam) 290-7% 41C Weikert-Becks (clnannery silt loam) 7%-1590 41D Welkerl-Berks (clnannery silt loam) 15%-25% The soils in these categories are generally sliallow to moderately deep. Hard shale bedrock is found at a depth of 15" to 30" below the ground su►1ace. There are no known critical areas on the parcel. Rage 3 of 16 Rezon4Impact Analysis Stat"O 0 1:ucel lD 1164B-((A))-38 B. S>uroundina Proverties Parcel It Owner Nunes/Address Zone se AD,JOIATNIG 0TVNL+RS 64B-((A))-33 Ralph L. Beaver & Kathleen 1-I. Beaver RA 135 Buf(lick Road 64B-((A))-33A Beverley M. Beaver RA 1400 Opequon Avenue 64B-((A))-33B Ralph L. Beaver & Kathleen 1-1. Beaver RA 135 Bufllick Road 64B-((A))-39 Winchester Regional Airport RA / Airport 491 Airport Road 64B-((A))-40 Edna S. Rosenberger RA 223 Bufllick Road 64B-((A))-41 James E. Wisecarver RA 203 Bufllick Road 64-((A))-88 Winchester Regional Ailpolt RA / Airport 491 Airport Road A CROSS B UTTLICK ROAD 64B-((A))-61 William L. Copenhaver RA 210 Bufllick Road 64B-((A))-62 James E. Wisecarver RA / 203 BufTlick Road Auction Warehouse 64,B-((A))-63 John A. Pearson & Donna T. Pearson RA 192 BufTlick Road 64B-((A))-64 John M. Orrrdolfl- RA 399 Windsor Lane 64B-((A))-65 John M. Orndorfr RA 399 Windsor Lane 64B-((A))-66 John M. Onidorff RA 399 Windsor Lane 64B-((A))-67 William J. Frederick RA 160 Bulllick Road Page 4 of 16 Rezoning Impact Anal} sis Stateme� 0 Parcel ID # 64B-((A))-38 Parcel # 64B-((A))-68 64B-((A))-69 64B-((A))-70 64B-((A))-71 Owner Naives/Address ACROSS BUTTLICK ROAD (Continued) Lily M. Asliby 154 Bufflick Road Lily M. Asliby 154 Bufflick Road Milford J. Mathison 3920 Northwestern Pike Donald M. BoNven & Arlene C. Bowen 2535 I-Iocknan Avenue Zone se RA I RA RA / Body Shop All adjoining properties are identified in the 2000 Comprelensive Policy Plan for Frederick County, Virginia, as proposed Business/Office (as shown on tlxe Route 50 Fast Corridor Future Land Use Map). C. Traffic PRESENT The parcel is less than one mile from the intersection of Route 50 and Route 522. This intersection is near the Route 50 Interchange with Interstate Route 81 with its frontage on Routs 776 Bufflick Road being 500' from the intersection with Route 522. Route 776 Bufflick Road is classified as a local road in the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. PAST Traffic Data From Vir:ginia Department of Tiansportation (2000) Route 522 Between Route 50 and Papennill Road 14,000 TPD (1999) Route 776 between Airport and Route 522 490 TPD (2000) Route 645 between Route 728 and Route 522 2,000 TPD FUTURE The Eastern Road Plan Map in the 2000 County Comprehensive Policy Plan (CPP) of Frederick County, Virginia, shows a new major collector road crossing Route 522 near the intersection of Route 776. This new major collector continues northeast from Route 522 passing near the northwest corner of this parcel and continues to a new intersection with Route 50. The fixture traffic impacts for this proposed commercial development have been estimated using the ITE Trip Generation Manual, Sixth Edition under the category of Mini-Wareliouse for the B-2 portion of the Rezoning, and the category of General Office for the 13-1 portion Page S of 16 Rezoning Impact Anal} sls Statemo 0 Parcel ID # 64B-((A)J-38 is: Based on the Frederick County impact model chart the maximum square feet of structure per acre B-1 - 13,068 square feet B-2 - 21,361 square feet Acres rezoning to B-1 2.5473 Acres rezoning to B-2 10.1134 2.5473 x 13,068 = 33,288 square feet max potential building area of B-1 10.1134 x 21,361 = 216,032 square feet max potential building area of B-2 Using the information from the ITE Manual B-I 33,288 x 11.01/1000 = 367 Average Vehicle trips Weekday 33,288 x 1.5611000 = 52 Average Vehicle trips AM Peak Hr. 33,288 x 1.49/1000 = 50 Average Vehicle trips PM Peak I Ir. 33,288 x 2.37/1000 = 79 Average Vehicle trips Saturday 33,288 x 0.98/1000 = 33 Average Vehicle trips Sunday B-2 216,032 x 2.50/1000 = 540 216,032 x 0.28/1000 = 60 216,032 x 0.29/1000 = 63 216,032 x 2.33/1000 = 503 216,032 x 1.78/1000 = 385 Average Vehicle trips Weekday Average Vehicle trips AM Peak I-Ir. Average Vehicle trips PM Peak I Ir. Average Vehicle trips Saturday Average Vehicle trips Sunday The geneiation of over 900 trips per clay from 216,032 sq. ft. of mini warehouse and 33,288 sq. ft. of general office space would have a significant impact on traffic along Route 776 Bufllick Road. Improvement of road infrastructure upon development of this parcel would be necessary. Improvements will be addressed during the site planning process and must meet the requirements and approval of the Virginia Department of Transportation and could include road widening and turn lanes. D. Sewage Conveyance and Treatment Sewage from this parcel will be treated at the Opequon Water Reclamation Facility An 8" main is located through (lie north portion of the parcel and a 12" main is located along the south and east boundary lines (see Exhibit 115). Sewage flows for mini warehouse site are dependent on if them is onsite management. The estimated amount for the 216,032 sq. ft. B-2 area is 500 GPD. The estimated amount for the 33,288 sq. ft. B-I area is 9,986 GPD. Hence, a combined total of 10,500 GPD is estimated. E. Water Supply A 16''water main currently serves this site. Water is provided by F.C.S.A. F. Drainage -- Three natural swales carry the ninoff from this parcel. They eventually flow to Sulphur Spring Run. Page 6 of16 Rezoninglu)pact Arral)'SiS St7te16 0 Auce11D N 64B-((A))-38 Storm water management will be required if this parcel is developed. During the site plan process the storin water management will be designed as required 1)), Frederick County code and approved by the Frederick Comi(y Public Works Department. G. Solid Waste Disposal Facility The Frederick County Landfill is the nearest solid waste facility. It is approximately three miles northeast of this parcel. The amount of solid waste generated 1)), the developed parcel has a maximum potential estimated at 200 pounds per day. I -I. Historical Site and Structure There are no known historical sites or structures as listed on the Virginia Landmarks Register and the National Register. No major battlefield or fortilication/entrenclunent exist on this parcel as represented on the Civil Battlefields & Sites Map included in the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. I. Impact of Community Facilities Education No impact expected Police Protection Minimal impact (Provided by Frederick County Sheriff's Department) Fire & Rescue Protection j Minimal impact (New Millwood Fire Stations is within two miles of this parcel) Parks & Recreation No impact expected Solid Waste Disposal Minimal impact I Other Impact No other significant impacts expected. I ,age 7 of 16 Rezoning InWact .4nalysis State Parcel ID tl 64I3-(60- 38 5 2 \ 'Sep J• :'• M o. S IfE �r... nn . c.r1 n.�, sj`" U so r. VICINITY MAP SCALE: 1" - 2000 TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY OB 423 PC JO OB 440 PC 8J7 J6" OAK DB 659 PG 175 TREE S 61 ' 11 '45_ E IFF 552.92' EX 20' UTILITY ESAIT. / D8 670 PG 501 7) IRF OFf 11NE 2. 48' 3 TM 64B-((A))-3JA TM 64B-((A))-39 MARJORIE G. BEAVER w + INSTI030000667 N "' Q) r0 o TM 64B-((A))-J8 o RICHARD L. NICHOLSON, ✓R. "4 INST IO IOO I J568 Z. 12.6607 ACRES IRF IRF OFFUNE 0.10 � TM 64B-((A))-JJ RALPH L. BEAVER & XATHL£EN H. BEAVER DB 406 PG J18 IRF OFFLINE 1.49' TM 64B-((A))-JJB — RALPH L. BEAVER do KATHLEEN H. BEAVER DB 404 PB 62J BRICK POST 0 17.06' t500' TO INIX. U.S. RTE. 11 LEGEND: IRF = IRON REBAR FOUND IRS = IRON REBAR SET n h v EX. 40' UTILITY ESAIT.— DB 670 PG 504 1 II 3 1 II QEX. Ofl'ELLINC I I o N N 59'52'03" W 5J6.00' RTE. 776 - BUFFLICK ROAD (J0' PRESCRIPIAE R/W') TM 64B-((A))-40 EDNA S. ROSENBERGER DB 283 PG 68 TAt 648-((A))-41 JAMS E. IYIS£CARVER DB 240 PC 347 IRS 0 15.00 E too � 'i SCAt£: 1 = 200' NOTES: L NO TITLE REPORT FURNISHED. EASEMENIS OILIER THAN SHOWN AfAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL I510063-0115-8, DATED JULY 17, 1978. BOUNDARY SURVEY PLAT T11 OF 12.6607 ACRES 1'J STANDING 1N THE NAME OF �G� RICHARD L. NICHOLSON. JR. SHAMIEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, MRGINIA DARREN S. FO DATE: JUNE 11, 2003 SCALE: I" = 200' FILE#: 03-006 No. Foltz Land Surveying, Inc. SHEET 41y �O� P.O. Box 13 Stephens City, Yrginio 22655 1 SUR`1 Phone /: 540-323-1497 Fox /: 540-868-2963 OF emoil: loll r 0vis uollink com Page 8 of 16 Exhibit # 1 - Boundary Survey Rezomg Impact Anal] •sis States. • Aucc1ID # 64B-((,V),3S TE � �• . -�—.. ,•i 1, .•F �• y � � c�r4, \ A t,l .� . � NCINITY MAP SCALE: Al. TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY \ DB 423 PC JO `l\ OB 440 PG 8J7 J6- 04K OB 659 PG 175 THE S 6I' l I '45' E IRF 552.92' LEX. 20' UHLIrY ESA4r.- DO 670 PC 504 nn IRF OMINE 2,48'; TM 648-((A))-JJA Y _ ` b o� TM 648-((A))-J9 MARJORIE G. BEAVER iv H e INST./030000667 1 34 ACRES N o TM 648-((A))-J8 F\ o RICHARO L. NICHOLSON, JR. `r INST. j01001 J568 2 12.6607 ACRES IRF IRF OFFUNE 0.20' TM 648-((A))-JJ RALPH L. BEAVER dr KA1HL£EN H. BEAVER OB 406 PG J18 IRF OFTILNE I.49' �� TM 648-((A))-JJB RALPH L. BEAVER k KATHLEEN H. BEAVER DB 404 PB 62J BRICK POST O 17.06' 1500' TO INTX. U.S. RTE. I I EX. 40' UTILITY £SA4T.-1 OB 670 PG 501 / t /O£q-1�LI' 254 , ACRE iI V 49'S2'03' W —ISJ6.00- RTE. 776 - BUFFLICK ROAD (JO' PR£SCRIPME RA) TA? 646-((A))-40 £DNA S. ROSENBERGER .r DB 28J PG 68 3 h O o TM 648-((A))-41 h JAMES E WISECARVER Ll D8 240 PG 347 . f— O 15 00' LEGEND: 0 100 700 4 IRF = IRON REBAR FOUND IRS = IRON REBAR SET SG41E: I" - 200' NOTES- 1. NO TITLE REPORT FURNISHED. EASEAIENIS OTHER II14N SIIO11N AIAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN IHE 100 1EAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL /510063-0115-B, OAIEO JULY 17. 1978. BOUNDARY SURVEY PLAT T11 OF 12.6607 ACRES `/ STANDING IN THE NAAIE OF RICHARD L. NICHOLSON, JR. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, NRGINIA DATE: JU14E IT. 2003 SCALE: I" = 200 FILE/: 03-006 DARREN S. FO Foltz Ladd Surveying, Inc. SHEET NO. 2257 61,y0 �(�' SLIRVC P.O. S.. 23 Stephens GI7. Ynpfnfo 22655 1 Phon. f 540-321-1497 Fo, 1: 540-E66-2963 1 1 envoi: Wf;o i—link. C" Page 9 0l16 Exhibit #2 - Boundary Survey w/ Rezoning Acreage Fezorw)g Impact Analysis State 0 Parcel11) N 64I3-((A))- 38 Rezoning Impact Anal)'sis .Staten Panrel II) # 64B-((9J)-38 �.: 3B LID .18 a rers-Vail 1 E •� ; '� 141 1� ` it-- • r .� 41 D ' �,••' oat ..yam. i r � 1 A ! ` / •�� . f. Al t it\• i f r r ✓ C, 311981 . i f 41 D.' i; t �•S�, Page I / ol'/6 Exhibit #4 - Soils Map Rc—ig Impact Aijal} .v's SWAD 0 Parcel lD 1164B-((�V)—V PW 1Yof16 EAiibit #5 - FCSA Water & Sewer Map Z' 2 OUTPUT NODULE ti APPLICANT: FOLTZ Net Flaul Impact r, LAND USE TYPES 1, B2 Costs of Imoect Cswr+lt Cmdits to be Takr Total Potential Ad).islmerr, For N REAL EST VAL $15,227.805 Required (entered in Cur. Budget Cur. Budpet Cap. Future CIP! Tau Crsdlts Reverwe- Nei Capital Net Cosl Per �. FIRE & RESCUE 6 OaAl1"-FCiltiisa cot sum ordy) Qpivf Equip E :mdDttn S - Tmtes_ Other Q= karma Eadndas ImD= Q!qimllina UPI 30 Fire and Ras um Department $118,573 i9 SD $118,673 ERR Elemerrary Schooh Middle Schocis So $0 m so S9 SO ERR Hlgh Schods s0 Parks and Recmebon SD SD SD 30 30 ERR S' � Public Library SO sD SD so s0 ERR Shl slft's Offices s0 S9,711 $0 s0 $9.71 f $9.711 SD ERR Administration Building SO $0 SC S0 $0 ERR Z' Other Mlsoellarioous Facilities s0 SZ3,264 S25,707 548..991 $48.N1 so ERR SUBTOTAL $118,573 $32,995 M,707 So S58,702 $58,702 $59,671 ERR LESSNET FISCAL IMPACT $11.411,542 $11.411.542 $11,411.542 S11 4 EM NET CAP, FACILITIES IMPACT D E , INDEX: "'LD' If Cap. Equip txiuded 1.0 INDEX: '1.0' If Rare -Cost Bal, -0.0" If Rafo to Co Avg: 0.0 RLv-Cast Gal = 1.1303 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342 METHODOLOGY 1. Capllel facilities requirements are irrpiA tc the first column as caloulat9d In the model. 2. Met Fiscal Impact NPV tram operations cafculalrons is Input In row lotat d second column (tern rf ne(lative); Included are the ome-b me taxo0ees for one year only at full value. 3. NPV of italics opercap equip tames paid in third column as calculated In fiscal impacts. 4_ NPV oil fulurs cepllal expenditure taxes paid In fourth cod as calculated In fiscal impacts S. NPV of future taxi-3 paid to bring eurnerd courtly tip to standard for new laciftes, as coiarlatod for each new laallty. S. Columns three through 0vm are added as potential audits against Ore calculated capital facillbas requlrarrrents_ These we ad)ueted for perceint of costs covered by the revenues ham the pro)ect (actual, or as ratio to avg. for all residential development). NOTE. Proffar calarlabons d0 nd anclvde inckide Interest because trey are cash payment: up front_ CrediL3 do Include interest 4 the projects are debt financed. NOTES: Model Run Data 09"0133 A SK Prefect Descapfiorr Assumes 249,32t7 sq it retail on 2.55 acres zoned B 1 Distict and 16.11 acres zoned 82 D &JAct. Due to changing conditions associated with davefcpmurd in the Coarty, the rebulrs of this a= Output Module may eat be valid beyond a period d 90 days from the model run date. 2D02M ODEL w w • 0 7563-5316 EBX/cmj E--H P4 O U Q co G7 rn U i P4 v r- lD N In W03- (n O w N N D x w E-+ U) N U Z H I 030013914 C7 Co _-.J N THIS DEED, made and dated this 27' day of June, 2003 by and between RICILk" L. NICHOLSON1JR ., hereinafter called the Grantor, and A.P.B. MINI-SIORACE. L.L.C,, a Virginia Limited Liability Company, hereinafter called the Grantee and LEONA M. NICHOMON by her Attorney -in -Fact Richard L. Nicholson, Jr., party of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with the improvements thereon, lying and being situate in Shawnee District, Frederick County, Virginia about one and one-half (1 1/z) miles Southeast from Winchester, on the North side of the Bufflick Road a short distance East from the Winchester and Front Royal Turnpike, containing fourteen (14) acres, more or less. AND BEING the same property conveyed to Richard L. Nicholson, Jr., by deed from Leona M. Nicholson dated October 3, 2001 of record in the aforesaid Clerk's Office as Instrument Number 010013568. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. The party of the third part joins in the execution of this conveyance to relinquish her life estate in the subject property. WITNESS the following signature and seal: Gam— {SEAL) RICHARD L. NICHOLSON, JR. Z4, (SEAL) 'LEONA M .NICHOLSON, by her Attorney -in -Fact Richard L. Nicholson, r. I�STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27' day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27`' day of June, 2003. My commission expires 12/31/04. Notary ublic L� •,,,y.0 uqU,�. TA FJ � •i 2 •; 4 � t1 8 �� �, � STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: 1, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Leona M. Nicholson, by her Attomey-in-Fact Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27' day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27' day of June, 2003. My commission expires 12/31/04. Notary Pdblic TWolnzt mawup"pusdby'. Edwin 6& You Kuy"rA&U. Johnuoq A(cKco ♦ BW", P.LG 112 Souwh Clmffop SUW Mubesicr, Vu" 22601 (540) 6621496 Ci\HPDOCs\Do do\apminLtot.ge,foo.vpd 3 C) co --I .r:' a co --1 AFFIDAVIT v1 (Pursuant to Section 11-9.2 of the Code of Virginia) STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: This day personally appeared before me the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, Richard L. Nicholson, Jr., (the "Affiant"), who, after being first duly sworn, deposed and said as follows: 1. That the Affiant is Attomey-in-Fact for Leona Murray Nicholson under Power of Attorney dated October 3, 2001. 2. That at the time of executing and delivering the deed dated June 27, 2003 to A.P.R. Mini -Storage, L.L,C., the Affiant has not received actual knowledge or actual notice of the revocation of termination of said Power of Attorney by death, disability or otherwise, or notice of any facts indicating same. That the property is one and the same as that parcel known as 171 Bufflick Road, containing 14 acres, more or less in Shawnee District, Frederick County, Virginia, Executed upon oath this 27t° day of J e, 3, f/ 4---- .. (SEAL) ICHARD L. NICHOLSON, JR., Atto -in-fact for Leona Murray Nicholson Subscribed and sworn to before me this 27'h day of June, 2003. My commission expires 12/31/04 Notary u VIfiGINIA: FREDERICK COUNTY, SCE 'Ibis instrument of wnriting was produrcd to me on ' id with certificate of udmowiedgemeut thereto ann ( L Q as admitted to record. Tax imposed by Sec. 58.1-m of . * r '� , and 58.1-801 have b&n paid, if assmablc , P U ©L rrLl 4 �7 i /1/rI'/�...t.w l." i ./deA[--Ai ,Clerk a� Rezom4Impact Anal] sis State,. 0 Parcel ID N 64B-((A))-38 T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00241790001 •aa FREDERICK COUNTY Date 5/07/2003 C. WILLIAM ORNDOFF, JR Register: BHH/LM P.O. BOX 225 Trans. #: 13893 Dept # RE200301 WINCHESTER VA 22604-0225 ACCTa 20327 2003 REAL ESTATE TAXES Previous 14.00 ACRES 640 A 38 Balance $ 189.80 Acres: 14.00 THE Principal Being Paid 189.80 Land: 79000 Imp: 50700 Penalty $ •00 Interest $ •00 NICHOLSON, RICHARD L JR Amount Paid 189.80 *Balance Due 171 BUFFLICK RD as of 5/07/2003$ •00 WINCHESTER, VA 22602 4546 Check 189.90 # 18 523 Pd by NICHOLSON, RICHARD L JR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) (gage 15of16 Exhibit 1l8 - Current Tax Statement Rezoning Impact Analysis Statemo Parcel ID # 64B-((A))-V Proffer Statement This parcel is known as Parcel ID #64B-((A))-38 and contains 12.6607 acres. It is currently zoned RA Rural Area. It is well within the limits of the Urban Development area as shown on the Route 50 East Corridor Study Map that is part of the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. It is also shown on this study map as having a future land use of proposed business/office. So it is die desire of the current owner to rezone 2.5473 areas to B-1, Neighborhood Business District and 10.1134 acres to B-2 Business General District as per Exhibit 2 of the Rezoning Impact Analysis Statement for Parcel ID #64B-((A))-38. Pursuant to the applicable provisions of die code of Frederick County, the undersigned owners proffer that in the event that die Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 2.5473 acres from RA to B-1 and 10.1134 acres from RA to B-2, development of this parcel (ID #64B-((A))-38) will conform with the terms and conditions as set forth in this document. These terms and conditions may be revised or amended by the owners of said parcel with permission from the Frederick County Board of Supervisors in accordance with the Code of Frederick County. These proffers stated above shall be binding on the owner and their legal successors or assigns. As a provision of this rezoning, the owner is willing to proffer the following Monetary Contribution to Frederick County Service Organizations The owner will pay or will cause to be paid to the treasurer of Frederick County the sum of for impacts to Frederick County Fire & Rescue Department. This sum will be paid upon site plan approval for any portion of this property. Submitted By: A.P.R. Mini Storage, L.L.C. Owner Date STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To Wit: The foregoing instnhment was acknowledged before me this My commission expires on day of -------,-- by S �, c. IQ- } o c Notary Public-- ----- �' �;� 0 Page 16 of 16 Exhibit #9 - Proffers • 0 Rezoning Impact Analysis Statement for Parcel ID # 64B-((A))-38 Shawnee Magisterial District Frederick County, Virginia August 1, 2003 Prepared by Darren S. Foltz, L.S. Foltz Luid Surveying P.O. Box 23 Stephens City, VA 22655 540-868-2963 Fax 540-323-1497 foltz@visuallink.com Rezoning Impact Almlysis sta1c19 0 1',vre1ID 11 G413-((AJ)-38 Table of Contents Inti-oduction A. Suitability of Site B. Surrounding Properties C. Traffic D. Sewage Conveyance and Treatment E. Water Supply F. Di <munage G. Solid Waste Disposal Facility H. Historical Site and Structure I. Impact of Community Facilities I Other Impact Exhibit III - Boundary Survey Exhibit 112 - Boundmy Survey «/ Rezoning Acreage Exhibit II3 - Flood Map Exhibit 114 - Soils Map Exhibit 115 - FCSA Water & Se«ver Map Exhibit 116 - Frederick County hnpact Model Exhibit V - Current Deed Exhibit 118 - Current Tax Statement Exhibit 119 - Proffers Page 2 of 16 3 3 4 5 6 6 6 7 7 7 7 8 9 10 11 12 13 14 15 16 Rezoning bnpact Analysis SmA. • ^ Parcel ID /J 6,JB-((A))- 38 Introduction This parcel contains 12.6607 acres (see Exhibit It l) and is location on the north side of Route 776, Bulllick Road about 500' east of the intersection with Route 522, Front Royal Pike. The parcel is currently zoned RA and it is the desire of the current owners to rezone the entire parcel, 2.5473 acres to B-1, neighborhood business district and 10.1 134acres to 13-2, Business general district and (see Exhibit 112). The parcel is within the Urban Development. Area as shown in the 2000 Frederick County Comprehensive Policy Plan and is shown as an area of proposed business/office on the nrap of the Route 50 East corridor study. This parcel is located near the Route 50, Interstate 81 interchange and Route 522. It adjoins the Winchester Regional Airport which makes it a desirable location for cornrnercial/business development. The location of neighborhood business district (B-1) along the existing fi-ontage on Bufllick Road will allow for the transition from the existing uses of homes and small businesses on Bufllick Road to the business general district B-2 which will adjoin the Winchester Regional Airport. A. Suitability of the Site The parcel is well suited for commercial development. The land slopes gently front wide hilltops to drainage swales and could be easily graded to maximize the commercial potential. • 100-year flood plains No l>ortion of this property lies within the 100-year flood zone as shown on F.I.R.M. Panel H510063- 0115-13, dated July 17,1978 (see Exhibit 113). • Wetlands No wetlands have been identified on the parcel. Some portions of the drainage swales along the eastern boundary line are poorly drained due previous farm traffic and may show signs of wetlands. However these are not natural and with minimal grading these conditions would cease to exist. • Steep slopes (over 1596) Two small areas which may contain slopes over 1596 are highlighted on the Soil Survey of Frederick County, Virginia, Map (see Exhibit 114). • Mature Woodlands Some mature trees are located along the north boundary line and around the existing house. The site is generally considered to be without mature woodlands. • Prime Agricultural Soils As shown on the Soil Survey of Frederick County, Virginia, Map (see Exhibit HQ, the parcel contains the following soil types: 3B Blairton Silt Loam 296-7% slope 41B Weikert-Becks (channerysilt loaru) 290-7% 41C Weikert-Berks (clrannery silt loam) 796-1596 41D Weikert-Berks (channery silt loam) 1596-25% The soils in these categories are generally shallow to moderately deep. Hard shale bedrock is found at a depth of 15" to 30" below the ground sudace. There are no known critical areas on the parcel. P.zge 3 of 16 Rezoning Impact Anal] s/s Statei0 41 Parcel ID // 6413-((11))-38 B. Surroundinv Properties Parcel li Omier Nvttes/Address Zone Use ADJOINING O 1,VAIERS 64B-((A))-33 Ralph L. Beaver & Kallileen 11. Beaver RA 135 Bufllick Road 64B-((A))-33A Beverley M. Beaver RA 1400 Opequon Avenue 64,B-((A))-33B Ralph L. Beaver & Kathleen H. Beaver RA 135 Bufllick Road 64B-((A))-39 Winchester Regional Airport RA / Airl)ort 491 Airport Road 64B-((A))-40 Edna S. Rosenberger RA 223 Bufllick Road 64B-((A))-41 James E. Wisecarver RA 203 Bufflick Road 64 ((A))-88 Winchester Regional Airport RA / Airport 491 Airport Road ACROSS BUFrLICK ROAD 64B-((A))-61 William L. Copenhaver RA 210 Bufllick Road 64B-((A))-62 James E. Wisecarver RA / 203 Bufilick Road Auction Warehouse 64B-((A))-63 John A. Pearson & Donna T. Pearson RA 192 Bufllick Road 64B-((A))-64 John M. Onulor-ff RA 399 Windsor Lane 64B-((A))-65 John M. Orridoril' RA 399 Windsor Lane 64B-((A))-66 John M. Or-ndorfl' RA 399 Windsor Lane 64B-((A))-67 Williani J. Frederick RA 160 Bufllick Road Page 4 of 16 RezoniV Lnpact Analysis StatenreIIL e 0 Parcel ID // 6 B-((IV)-38 P'-u-cel # 64B-((A))-68 64B-((A))-69 64B-((A))-70 64B-((A))-71 Owner Names/Address ACROSS BUTTLICK ROAD (Cont,liuecl) Lily M. Ashby 154 Buffllck Road Lily M. Ashby 154 Bufllick Road Milford J. Mathison 3920 Northwestern Pike Donald M. Bowen & Arlene C. Bowen 2535 Hockman Avenue Zone se RA RA RA RA / Body Shop All adjoining properties are identified in the 2000 Comprehensive Policy Plan for Frederick County, Virginia, as proposed Business/Office (as shown on the Route 50 Fast Corridor Future Land Use Map). C. Traffic PRESENT The parcel is less than one mile from the intersection of Route 50 and Route 522. This intersection is near the Route 50 Interchange with Interstate Route 81 with its frontage on Route 776 Bufflick Road being 500' from the intersection with Route 522. Route 776 Bufflick Road is classified as a local road in the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. PAST Traffic Data From Virginia Department of Transportation (2000) Route 522 Between Route 50 and Papermill Road 14,000 TPD (1999) Route 776 between Airport and Route 522 490 TPD (2000) Route 645 between Route 728 and Route 522 2,000 TPD FUTURE The Eastern Road Plan Map in the 2000 County Comprehensive Policy Plan (CPP) of Frederick County, Virginia, shows a new major collector road crossing Route 522 near the intersection of Route 776. This new major collector continues northeast from Route 522 passing near the northwest corner of this parcel and continues to a new intersection with Route 50. The future traffic impacts for this proposed commercial development have been estimated using the ITE Trip Generation Manual, Sixth Edition under the category of Mini -Warehouse for the B-2 portion of the Rezoning, and the category of General Office for the B-1 portion 1 "'ge 5 of 16 Rezoning Impact Analyst's Statarn Based on the Frederick County impact model chart the maximum square feet of structure per acre 13,068 square feet 21,361 square feet Acres rezoning to B-1 Acres rezoning to B-2 2.5473 x 13,068 = 33,288 square feet rmax potential building area of B-1 10.1134 x 21,361 = 216,032 square feet max potential building area of B-2 Using the information from the ITE Manual 33,288 x 11.01/1000 = 367 33,288 x 1.5611000 = 52 33,288 x 1.49/1000 = 50 33,288 x 2.37/1000 = 79 33,288 x 0.98/1000 = 33 216,032 x 2.50/1000 = 540 216,032 x 0.28/1000 = 60 216,032 x 0.29/1000 = 63 216,032 x 2.33/1000 = 503 216,032 x 1.78/1000 = 385 Vehicle trips Weekday Vehicle trips AM Peak I-Ir. Vehicle trips PM Peak I-Ir. Vehicle trips Saturday Vehicle trips Sunday Vehicle trips Weekday Vehicle trips AM Peak Hr. Vehicle trips PM Peak Hr. Vehicle trips Saturday Vehicle trips Sunday The generation of over 900 trips per day from 216,032 sq. ft. of mini warehouse and 33,288 sq. ft. of general office space would have a significant impact on traffic along Route 776 Bufllick Road. Improvement of road infrastructure upon development of this parcel would be necessary. Improvements will be addressed during the site planning process and must meet the requirements and approval of the Virginia Department of Transportation and could include road widening and turn lanes. Sewage Conveyance and Treatment Sewage from this parcel will be treated at the Opequon Water Reclamation Facility An 8" main is located through the north portion of the parcel and a 12" main is located along the south and east boundary lines (see Exhibit 45). Sewage flows for mini warehouse site are dependent on if there is onsite management. The estimated amount for the 216,032 sq. ft. B-2 area is 500 GPD. The estimated amount for the 33,288 sq. ft. B-I area is 9,986 GPD. Hence, a combined total of 10,500 GPD is estimated. Water Supply A 16' water main currently serves this site. Water is provided by F.C.S.A. Three natural swales carry the runoff from this parcel. They eventually flow to Sulphur Spring Run. Rezoning Impact Analysis Statese, 0 I ucellD !/ 6,JB-((11))-38 Storm water management will be required if this parcel is developed. During the site plan process the storul water management will be designed as required 1)), Frederick County code and approved by the Frederick County Public Works Department. G. Solid Waste Disposal Facility The Frederick County Landfill is the nearest solid waste facility. It is approximately three miles northeast of this parcel. The amount of solid waste gellenited 1)), the developed parcel has a maximum potential estimated at 200 pounds per day. H. Historical Site and Structure There are no known historical sites or structures as listed on the Virginia Landmarks Register and the National Register. No major battlefield or foil ificatiorl/enUencllnlentexist on this parcel as represented on the Civil Battlefields & Sites Map included in the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. I. Impact of Community Facilities Education No Impact expected Police Protectloll Minimal nnpact (Provided 1)), Frederick County Sheiilf's Department) Fire & Rescue Protection Minimal impact (New Millwood Fire Stations is within two miles of this parcel) Parks & Recreation No impact expected Solid Waste Disposal Minimal impact J. Other Impact No other significant impacts expected. I'age 7 of 16 Rezoniiw III7Dact : i77ah'SiS State - Parcel ID # 64B-((I1)-38 • 5 1. 1..[' q 1 E c• 4n. ., nr1, un 6 / c. 9Jrr U 50 r V n 7 • 'T a/ i eCsl n.w.r. \ \,, N'b renlrr xrrlen.l "CINITr MAP SCALE: 1" = 2000 Ah—f TAf 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY OB 42J PG JO DB 440 PG 837 J6" OAK OB 659 PG 175 TREE S 61' 1 1 '45_ E IFF 552. 92' EX 20' UTILITY ESAU. _ -- DB 670 PG 504 IRF OMIN£ 2.48' 3 TM 64B-((A))-JJA TAf 648-((A))-39 MARJORIE G. BEAVER 41 + e INST.1030000667 io N o n � o TM 64B-((A))-38 o RICHARO L. NICHOLSON, JR. INST IO IOO 13568 2 12.6607 ACRES IRF IRF OFFUNE 0.20' `' I 4(())-40 TM 64B-((A))-J3 ( �i EDNAS.ROSENBERGER RALPH L. BEAVER & II V DB 283 PG 68 KATHLEEN H BEAVER EX. 40' UTILITY ESAIT — DB 406 PG J18 OB 670 PG 504 l ( 3 IRF OFTLIN£ 1.49' TM 648-((A))-338 o TAf 648-((A))-41 EX. 04ELLING RALPH L. BEAVER k I N JAAffS E. WISECARVER KATHLEEN H. BEAVER DB 240 PG 347 DB 404 PB 623 _ N 59'52 03" W _ 536.00- BRICK POST RTE. 776 BUFFLICK ROAD A 1706' (30' PRESCRIPTAE R/W) IRS ® I5.00' 1500, TO INTX. U.S. RTE. I I LEGEND: 0 too 200 qo IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCkE.- 1 = 100' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS 0111ER THAN SHOWN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES HIIIIIN THE 100 }'EAR FLOOD ZONE AS SHOWN ON F.I.R.M. PANEL 1510063-0115-8, DATED JULY 17, 1978. BOUNDARY SURVEY PLAT TII of 12.6607 ACRES 1'j STANDING 1N THE NAME OF RICHARD L. NICHOLSON, JR. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. F❑ DATE: JUNE 11, 2003 SCALE: 1" = 200' FILE#: 03-006 NO. Foltz Land Surveying, Inc. SHEET P 1 �1,y �O P.O. Box 2J Stephens Cily, Yrginio 11655 SUR`VE Phone 1: 540-323-I497 fox J: 540-868-2963 1 email: /ollrOvisvolGnA.com 1 Page 8 of 16 Exhibit N 1 - Boundary Survey ]iezonuW Impact Analysis Stater r� EMS 0 Parcel ID N 64B-((A))-38 WINCH ESTER \ a� MUNICIPAL AIRPORT ZONE ]'age 10 of 16 Exhibit 93 - Flood Map Rezoning Impact Analysis Stall's 0 PanrellD k 64B-((,V-38 .il2 s +� NCINITY MAP wv`••'r'• • •'r :� 1 TM 64-((A))-88 WINCHESTER REGIONAL AIRPORT AUTHORITY DO 42J PG JO OB 440 PG 837 J6. O k OB 659 PG 175 TRff S 61,11,45 E IRF 552 91' L EX 20' UTILITY ESMT. DB 670 PC 504 IRF OFFLINE 2.48' 3 TM 648-((A))-3J4 _ 2 b �� TM 648-((A))-39 AI INS/ 30000667 R A C R M is tn M TM 648-((A))-38 g RICHARD L. NICHOLSON, JR. INST./01001J568 2 12.6607 ACRES IRF IRF OFTUNE a20'- TM 64B-((A))-JJ RALPH L. BEATER Ar MTHLE£N H BEAVER DB 406 PG J18 IRF OFFLINE 1.49' TM 648-((A))-JJB - RALPH L. BEAVER & IGITHLEEN H. BEAVER OB 404 PB 623 BRICK POST O I7.06' 1500' TO INTX. U.S. RIE It EX. 40' UlI(IIY ESMT-1 r OB 670 PS 504 l t� E1.D11E LING 2.5 40 O8—� / ACRE P 159'52'03' W �5J6.001I• RTf. 776 - BUFMCK ROAO (30' PRESCRIPTIVE R/Tv) TM 648-((A))-40 ,ti EDNA S. ROSENBERGER V DO 28J PG 68 3 0 o TM 646-((A))-41 cay JAMES E. WISECARVER tn OB 240 PG 347 Ft — IRS O 15.00 LEGEND: 0 too 200 4 IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCALE.' I • . 200' NOTES: - - - - ------ 1. NO TITLE REPORT FURNISHED. EASEAIENIS 0111ER THAN SHORN MAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD ZONE AS SHOWN ON F.LR.AI. PANEL /510063-0115-8, DATED JULY 17, 1978. BOUNDARY SURVEY PLAT 711 op t'l IZ6607 ACRES STANDING 1N rHC NAME OF �^ RICHARD L. NICHOLSON. JR. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FO DATE: JU14E II. 2003 SCALE: I- . 200' 1 FILE/: 03-006 NO.2257 Foltz Land Surveying, Inc. s11EET 4 IVO I& SORVC P.O. Do. 23 Stephens City, Wryinio 22655 Phone 54o-323-1497 Fo. I J: t 540-868-2963 envoi /oBsOriswFn�.com I P4e9of16 Exhibit #2 - Bo►indary Survey w/ Rezoning Acreage Rezoning Impact , Lealysis .Slatcie • Parcel 1D k 6►I�-((, u) 38 IN 3C \ 3B , 3C ? 1 y ` O` - -. �� ��`•� '�• Sul � �'� \. �9B _ {♦ •k � � ..+ ,, H.S. �', i�. �� �' L. i • �'��}!N41��•. < 41C a r:O •�J 1B ,.illy ',�,iy �• ► ' e 41 E 4 C �. *If�Club' . 41D` " , +' !• w 1, "''� 1 �� ;�'. \ �L\ � °" Jej CO 4. 6 x98 '�'�\ 1 . Rage 11 of 16 Exhibit N4 - Soils Map Rez,mm q Impact Anal} xis Stater . Parcel ID X 64B-((,1)-38 Page 12 of 16 Exhibit #5 - FCSA Water & Sewer Map OUTPUT MODULE APPLICANT: FOLTZ Net Fiscal Impact LAND USE TYPEB 1, B2 Costs of (mpac cCESU : CSdds to he Tnk Total Potential AdjuslmeN For REAL EST VAL 516,227,8% Required (entered in Cur. Budget Cur. Budget Cap. Future CIP7 Tax Crsdlts Revenue- Neil Ca pitel Net Cost Per FIRE 8 RESCUE 6 Capl al Fadltlte9 cod sum only) i1peLCa2Equip Exp*0rL 2ebj 1 7rlxes Other 0lnat%siad] C,= Balance acltttiae Impac ihrellingStait Fire and Res ate Depwtilenl $118,573 $O SD $116,573 ERR Elementary Schools so — — Middle Schools $0 SD so so $O so ERR High Schods SO — — Pa*sand Recreation $D SD SD s0 so ERR Public Lifxay SO Sit $0 SD 50 ERR Sheriffs OlFices s0 $9,711 se so $9,71 t $9.711 $0 ERR Administration Building s0 so $0 so s0 ERR OlherMiscellanoous Facilities SO $23,284 525,707 548,991 $ ."i so ERR SUBTOTAL $118,573 =.995 s25,7D7 s0 $58.702 $58.702 5991171 ERR LESS NET FISCAL IMPACT $11,411,542 $11,411.542 $11,411,542 Sit tit' EBE NET CAP, FACILITIES IMPACT EPR INDEX: "1.0' It Cap. Equip hduded 1.0 INDEX '1.0' if Rev-Cmt Bal. M.0" if Ratio to Go Avg. 0.0 Rev -Coal Gal = 1.DDO PLANNING DEFT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342 METHODOLOGY 1. Capllal tacitflles requirumianta are input to ttte first column as calculated in the model. 2. Net Fiscal impact NPV from operations calculations is Input In raw lolal of second column (gem if negativet included are the one-tl me taxwifees for one year only at full value. 3. NPV of hrtum oiler cap squtp taxes paid In third column as calculated in fiscal Impacts. 4_ NPV od fulure cepltal expenditure taxes paid In fourth cod as calculated In fiscal impacts 5. NPV Of futu rs trams paid to bring Current county 4 to standard for new facilities, as calculated for each n&w feailay, S. Codurnns Mires through 0ve are added as potential credits against the calculated capital facilities repulremenls. Ttaae we adjusted for percent cd cosV covered by the revenues from the proWat (actual, or as ratio to avg. for air residential deveiopmenl). NOTE. ProQfor calculations do not nclude include Interest because hey are cash payments up front Credits do Include interest 4 the projects are debt financed. NOTES: Model Run Data OW06103 A SK Protect Descapeiorr Assumes 246,320 sq ft relal on 2S5 acres zoneal B f Distinct and 10.11 auos zoned 82 Drstact. Due to changing conditions associated with davelepmerd in the Coarty, the results of this Output Module may not be valid beyond a period of 90 dare from the model run date. 2002M ODEL (ti i 0 0 7563-5316 EBY/cmj M O E+ O U M A x co U H W U ,*, r Z W N H .--i rA '3 030013914 co N THIS DEED, made and dated this 27' day of June, 2003 by and between RICHARD L. NICHOL,SON. J& hereinafter called the Grantor, and A,PA MINI-SIORAGE, I.,.L,C,, a Virginia Limited Liability Company, hereinafter called the Grantee and LEONA M. NICHOMON� by her Attorney -in -Fact Richard L. Nicholson, Jr., party of the third part.' WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with the improvements thereon, lying and being situate in Shawnee District, Frederick County, Virginia about one and one-half (1 1/z) miles Southeast from Winchester, on the North side of the Bufflick Road a short distance East from the Winchester and Front Royal Turnpike, containing fourteen (14) acres, more or less. AND BEING the same property conveyed to Richard L. Nicholson, Jr., by deed from Leona M. Nicholson dated October 3, 2001 of record in the aforesaid Clerk's Office as Instrument Number 010013568. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. Tire Grantor does hereby covenant that lie has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free frorn all liens and encumbrances; and he will grant such further assurances of title as may be requisite. 0 The party of the third part joins in the execution of this conveyance to relinquish her life estate in the subject property. WITNESS the following signature and seal: G�- (SEAL) RICHARD L. NICHOISON, JR. G� (SEAL) ONA M .NICHOLSON, by her Attorney -in -Fact Richard L. Nicholson, r. STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27th day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27' day of June, 2003. My commission expires 12/31/04. Notary fublic ,NrtunN14�„/ -f A R '•t �' t J 8 L t �'. � 2 ,4 STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: 1, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Leona M. Nicholson, by her Attorney -in -Pact Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27`b day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27' day of June, 2003. My commission expires 12/31/04, Notary Pdblic Tbic }ntnimcnt w" "v,d by. Edwin B. You Kuyt"O. Joh&moq McKta k BkAl", PLC. 112 South CA"toa SU.41 WW_hrnci, VU&4 22601 (540) 662 5466 C,\NPDOC8\Do-d■\apcmtni.tocagc. foo.wo 3 C=) co -mot `t 1 o Q co __i AFFIDAVIT u1 (Pursuant to Section 11-9.2 of the Code of Virginia) STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: This day personally appeared before me the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, Richard L. Nicholson, Jr., (the "Affiant"), who, after being first duly sworn, deposed and said as follows: 1. That the Affiant is Attomey-in-Fact for Leona Murray Nicholson under Power of Attorney dated October 3, 2001. 2. That at the time of executing and delivering the deed dated June 27, 2003 to A.P.R. Mini -Storage, L.L.C., the Affiant has not received actual knowledge or actual notice of the revocation of termination of said Power of Attorney by death, disability or otherwise, or notice of any facts indicating same. 3. That the property is one and the same as that parcel known as 171 Bufflick Road, containing 14 acres, more or less in Shawnee District, Frederick County, Virginia. Executed upon oath this 27" day of J e, 3, ��., (SEAL) PLICHARD L. NICHOLSON, JR., Atto -in-fact for Leona Murray Nicholson Subscribed and sworn to before me this 27`^ day of June, 2003. My commission expires 12/31/04. Notary VERGINIA: FREDERICK COUNTY, WE This instrument or writing waa prodncad to me on •`01 id with certificate of wAmowicdgement thereto anmxcc 1, as admitted to record. Tax imposed by Scc. 58.1.W2 of 4 . w • t` �+ S '� , and 58.1-801 have b6en paid, if asseasabl< , u ©L /1LJdlrt,d T t..�S�d t/ , Clerk Rezoning Impact Analysis Slaters is Parcel ID N 64B-((A))-38 T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00241790001 .@@ FREDERICK COUNTY Date 5/07/2003 C. WILLIAM ORNDOFF, JR Register: BHH/LM P.O. BOX 225 Trans. #: 13893 Dept # RE200301 WINCHESTER VA 22604-0225 ACCT# 20327 2003 REAL ESTATE TAXES Previous 14.00 ACRES 64B A 38 Balance $ 189.80 Acres: 14.00 THE Principal Being Paid $ 189.80 Land: 79000 Imp: 50700 Penalty $ •00 Interest $ •00 NICHOLSON, RICHARD L JR Amount Paid $ 189.80 *Balance Due 171 BUFFLICK RD as of 5/07/2003$ •00 WINCHESTER, VA 22602 4546 Check 189.90 # 1B 523 Pd by NICHOLSON, RICHARD L JR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) Page 15of16 Exhibit //8 - Current Tax SLit.ement RezoniggImpact Analysis Statem"O' 6P"'-','11D # 64I3-((A))-88 Proffer Statement This parcel is known as Parcel ID 1164B-((A))-38 and contains 12.6607 acres. It is currently zoned RA Rural Area. It is well within the limits of the Urban Development area as shown on the Route 50 East Corridor Study Map that is part of the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. It is also shown on this study map as having a future land use of proposed business/office. So it is the desire of the current owner to rezone 2.5473 areas to B-1, Neighborhood Business District and 10.1134 acres to B-2 Business General District as per Exhibit 2 of the Rezoning Impact Analysis Statement for Parcel ID #64B-((A))-38. Pursuant to the applicable provisions of the code of Frederick County, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application 11__________ for the rezoning of 2.5473 acres from RA to B-1 and 10.1134 acres from RA to B-2, development of this parcel (ID 1164B-((A))-38) will conform with the terns and conditions as set forth in this document. These terns and conditions may be revised or amended by the owners of said parcel with permission from the Frederick County Board of Supervisors in accordance with the Code of Frederick County. These proffers stated above shall be binding on the owner and their legal successors or assigns. As a provision of this rezoning, the owner is willing to proffer the following: Monetary Contribution to Frederick County Service Organizations The owner will pay or will cause to be paid to the treasurer of Frederick County the sum of for impacts to Frederick County Fire & Rescue Department. This sum will be paid upon site plan approval for any portion of this property. Submitted By: A.P.R. Mini Storage, L.L.C. Owner Date STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To Wit: The foregoing instrument was acknowledged before me this My commission expires on Notary Public day of ------ ---- by Page 16 of 16 Exhibit #9 - Proffers 0 7563-5316 EBY/cmj H O U M O w N N w ra x co 14 ro U E-A I a U) � � x fA U W N H .-1 . 1 g cn U) w 1 �w w 0 030013914 THIS DEED, made and dated this 27" day of June, 2003 by and between RICHARD L. NICHOLSON, JR., hereinafter called the Grantor, and A.P.R, MINI-MRAGE. L.L.C.+ a Virginia Limited Liability Company, hereinafter called the Grantee and LEONA M. NWHOLSON by her Attorney -in -Fact Richard L. Nicholson, Jr., party of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with the improvements thereon, lying and being situate in Shawnee District, Frederick County, Virginia about one and one-half (1 1/z) miles Southeast from Winchester, on the North side of the Bufflick Road a short distance East from the Winchester and Front Royal Turnpike, containing fourteen (14) acres, more or less. AND BEING the same property conveyed to Richard L. Nicholson, Jr., by deed from Leona M. Nicholson dated October 3, 2001 of record in the aforesaid Clerk's Office as Instrument Number 010013568. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free frorn all liens and encumbrances; and he will grant such further assurances of title as may be requisite. • u The party of the third part joins in the execution of this conveyance to relinquish her life estate in the subject property. WITNESS the following signature and seal: G4 (SEAL) RICIIARD L. NICHOLSON, JR. )" ,ZI (SEAL) ONA M .NICHOLSON, by her Attorney -in -Fact Richard L. Nicholson, r. aq,4 STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27'b day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27t° day of June, 2003. My commission expires 12/31/04. Notary ublic *� ,,,,,}•.n nth ,�, "A : = Q �QTAfiY r ;7 ..v 1 i 2 ,•`•. 4 n U g �, � �, � • STATIC OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Leona M. Nicholson, by her Attorney -in -Fact Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated tlds 27`b day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27' day of June, 2003. My commission expires 12/31/04, Notary P lic C=) co -J Ili& }n Ut a Nu ptepued br. ••`' t Edwin B. You ± .i• U , i_ �; ' ! Kuytardal\ Jobeuon. MOUC R budtt, MC 112 SOW, Gavron suer i • Wlachartr, VU9114 22601 Pu (540) 662 5166 Cr\NPDOCS\Ddada\aprminiatorage.foo.rpd 3 1 ,. ,1 0 • czy co AFFIDAVIT Ul (Pursuant to Section 11-9.2 of the Code of Virginia STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: This day personally appeared before me the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, Richard L. Nicholson, Jr., (the "Affiant"), who, after being first duly sworn, deposed and said as follows: I. That the Aunt is Attorney -in -Fact for Leona Murray Nicholson under Power of Attorney dated October 3, 2001. 2. That at the time of executing and delivering the deed dated June 27, 2003 to A.P.R. Mini -Storage, L.L.G., the Affiant has not received actual knowledge or actual notice of the revocation of termination of said Power of Attorney by death, disability or otherwise, or notice of any facts indicating saute. 3. That tine property is one and the same as that parcel known as 171 Bufflick Road, containing 14 acres, more or less in Shawnee District, Frederick County, Virginia. Executed upon oath this 27t° day of J ne,3, (SEAL) CHARD L. NICHOLSON, 3R., Atto -in-fact for Leona Murray Nicholson Subscribed and sworn to before me this 27" day of June, 2003. My commission expires 12/31/04 Notary u VIRGINIA. FREDERICK COUNTY, WE 1'his instrument of writing was produced to me on *A . Id with certificate of w-knowtedgement thereto aiuwxcc Q ds admitted to record. Tax imposed by Sec. 58.1-W2 of 4 0G: tde �s •, and 58.1-801 have bn paid, If zmmabk P U D L � yX Clerk I , I � , 4 . 1 Rezoning Impact An*5talemenl 0 E-ure1ID // 6413-((il)J-38 T A X R E C E I P T - Y E A R 2 0 0 3 Ticket n:00241790001 .@@ FREDERICK COUNTY Date 5/07/2003 C• WILLIAM ORNDOFF, JR Register: BHH/LM P•0• BOX 225 Trans• n: 13893 Dept 0 RE200101 WINCHESTER VA 22604-0225 ACCT# 20327 2003 REAL ESTATE TAXES Previous 14.00 ACRES 64B A 38 Balance $ 189.80 Acres: 14.OU THE Principal Being Paid $ 189.80 Land: 79000 Imp: 50700 Penalty $ •00 Interest $ •00 NICHOLSON, RICHARD L JR Amount Paid $ 189.80 *Balance Due 171 BUFFLICK RD as of 5/07/2003$ •00 WINCHESTER, VA 22602 4546 Check 189.90 H 1B 523 Pd by NICHOLSON, RICHARD L JR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) Page 15of16 Exhibit 118 - Current Tax Statement LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 THOMAS MOORE LAWSON • TLAWSON((_)LSPLC.COM FACSIMILE: (540) 722-4051 1N3�1N 0� a � 'id December 2, 2004 Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA HAND DELIVERY Dear Larry: This is a follow up to our meeting yesterday with Eric Lawrence and Candice Mills. I enclose a revised Proffer statement, which snakes the requested changes to paragraphs 2 and 4 of the Proffers, which were submitted prior to the November Board of Supervisors' hearing. As you will recall, at the November Board of Supervisors' hearing, I was advised that there were some legal issues pertaining to the Proffer Statement. During our meeting yesterday, I was first advised of Frederick County's issues/comments to the Proffer Statement. As I understand it, they are not legal issues, but rather clarification issues of the use restriction and traffic study language. As agreed, the changes have been made and I am sending this via hand delivery to ensure that Frederick County has these revisions on the next business day following our meeting. This is further to confirm my objection to Staff sending their own notices to adjoining property owners advising the December 8, 2004 rezoning public hearing has been canceled and also sending notices to the newspaper to the same effect. The rezoning was properly noticed for the November Board of Supervisors' hearing, and at that hearing, it was publicly announced by the Chairman of the Board of Supervisors that this hearing would be heard at the December Board of Supervisors' meeting (December 8th). I know of no authority that allows Staff to usurp the Board of Supervisors' authority and unilaterally cancel this public hearing. I take special issue to the fact that this was done without notice or consent of the Applicant. I understand from our conversation yesterday that a letter will be sent explaining the authority under which these actions were taken and also explaining what steps are going to be taken to ensure that this Applicant has an opportunity to be heard. I again make the demand that this matter be heard on December 8, 2004, as was announced by the Chairman of the Board of Supervisors. FRONT ROYAL AUURF.SS: POST OFFICE 110X 602, FRONT ROYAL, VIRCINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421,E-11AIL: SILEKJ@R LYNXCONNFCT.CONI FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE 200, FAIRFAX, VIRCINIA 22030, TELEPHONE: (703) 352-2615, FACSIMILE: (703) 352-4190, E-MAIL: TIIOMASO.LA\VSON@VERFLON.NET R 40 Lawrence Ambrogi, Esqu • December 2, 2004 Page 2 Further still, I am aware of the Frederick County ordinance requirements that a rezoning must be acted on within twelve (12) months of its filing. As you know, this rezoning was filed in August of 2003. In your response, kindly advise me as to how Frederick County intends to address the County's failure to abide by the terms of its ordinance and also to explain why this rezoning should not be deemed as approved. As you know, this rezoning is one, that on its face, should be very simple. What is being sought is a rezoning to B-2, which is consistent with the Comprehensive Plan. This point was reinforced by the Frederick County Board of Supervisors' decision to deny a residential rezoning in an area in close proximity to the Airport. We are perplexed as to the reason for the inordinate delays that have occurred- and we do not consent to them. I look forward to an expeditious resolution of this matter and your letter responding to the above. Thank you for your attention to these matters. Very trj ly ThomWMoorLawson TML:atd cc: A.P.R. Mini -Storage, LLC R Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property, after request for the same from the Virginia Department of Transportation. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property ("Necessary Improvements"). Further, after agreement with VDOT and Property Owner regarding the Necessary Improvements, the Necessary Improvements shall be installed by the Property Owner within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out any uses other than that of a mini -storage and office building on the site for so long as any property in the neighboring vicinity (within fifty (50) yards) is no longer used or zoned for residential purposes. Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and/or otherwise pennitted or allowed to operate as a commercial use (excluding home occupations or cottage occupations, as those terms are currently defined by the Frederick County Zoning Ordinance), then the above stated proffered out uses shall terminate automatically. In addition to the above, the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini -storage does not exceed said restriction. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this day of 2004, by My commission expires Notary Public 11/09/2004 12:50 FAX I . t- W Proffer Statement Rezoning Request Proffer Property Pdenfifieation Number 64B-((A))-3.8 Shawnee Magisterial District Moaetgu Contribution to Offset act of Development The undersigned; who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves .the rezoning for the 12.6607-sore site located along the north side of BufFliak Road in the Shawnee Magisterial District of Frederick County, Virginia, from, RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of S3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TTA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with tragic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route -776. After the issuance of any second or subsequent site plan and a2 issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner -shall conduct an actual count of vehicle trips per day from the property. If��, x� said count reveals that more than 600 vehicle trips per day are generated from this property; the undersigned hereby proffers to prepare a traffic impact analysis (TfA) for the 12,6607-acre sitev, meeting all requirements of the Virginia Department of Transportation. Said T'IA, will identify ��' necessary improvements required to the road system for vehicle trips attributable to this property. �j t Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed. within e (9) months after said agreement is reaohed between VDOT and the Property Owner, " The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Ovmer. In the event the Prederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. hi addition to the above, the Property Owner agrees to proffer out any uses. other than that of a mini -storage and office building on the site for so long as. any property in the neighboring -� vicinity (within fifty (50) yards) is no longer used or zoned for residentiai purposes. C/ 'Notwithstanding what. is stated above, in the event arry of the neighboring properties are zoned Q and/or otherwise permitted or allowed to operate as a cornmercial use, then the above stated 't, L proffered out uses shall terminate automatically. In addition .to the above, the Property Owner agrees that any structure on the rezoned property shall not exceed the FAA Part 77 Surface Height Restrictions. At the time of the rezoning, the Property Owner's stated intended use of an installation of a mini -storage does not exceed said restriction. . Submitted By: /2004 12:50 FAX 0 0 PROPERTY O • AY R. Mini Storage, L.L,C. BY: Date: �► " c1 �� STATE OF V1RGMA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this day off 2404, by �� /�%� ar.r e�� ��.�G���ra� �1C .,•C�C' . s My commission expires , L-'01,0 _ Notary Public , APR rezoning petition update Subject: APR rezoning petition update Date: Mon, 06 Dec 2004 16:45:00 -0500 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: John Riley <jriley@co.frederick.va.us>, Kris Tierney <ktierney@co.fiederick.va.us> John - You may have seen a copy of the letter from Ty Lawson to Larry Ambrogi, dated December 2, 2004, regarding the APR rezoning. Larry provided me a copy earlier today. I offer the following points for clarification: * The legal issues associated with the proffer are in terms of the ability to enforce of the TIA and associated improvement, as well as the restricted land use elements, which were offered in the November 9, 2004 proffer revision. The revised proffer statement, attached to Ty's letter, appears to address the various issues discussed with Ty on December 1, 2004. It would be appropriate for the County's legal counsel to acknowledge if the revised proffer is enforceable as presented. * As discussed in a previous e-mail, this project has met the legal advertisement requirements for three public hearings to -date (August PC, October and November BOS). The PC recommended denial. The BOS has not reviewed the application as the applicant has presented revised proffer statements, and requested tabling on two occasions, less than a day prior to the scheduled meetings. As the applicant was informed by counsel of potential legal issues with the proffer statement on or about November 9, yet no revised proffers were submitted by the legal advertisement date for the December BOS meeting, it was determined that the application should not be placed on the December BOS agenda. * The rezoning application was filed with the County on June 29, 2004 (as evidenced by the payment of the application review fee); the application was filed less than 6 months ago. This is contrary to Mr. Lawson's assertion that the County has had the application for more than 12 months. * Mr. Lawson suggests that this rezoning is 'very simple'. I would concur that once the applicant properly addresses the potential impacts (airport, roads, land use), then the application is quite easy to understand and digest. Please let me know if additional information and back ground is warranted. Thank you. -Eric Eric R. Lawrence, AICP Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us www.co.frederick.va.us I of 2 12/6/2004 4:45 PM • LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE:(540)722-4051 C E � U E DEC 3 0 ?_QO�f FREDERICK COUNTY PLANNING & DEVELOPMENT THOMAS MOORE LAWSON • TLA WSON(1)LSPLC.COM December 30, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA HAND DELIVERY Dear Candice: Enclosed please find the fully executed Proffer Statement for A.P.R. This is to further confirm that with the execution of this latest Proffer Statement, all prior Proffer Statements are void. I understand from our conversation of yesterday that this is the final document required for circulation to members of the Board of Supervisors and that this matter will be heard by the Board of Supervisors at their January 12, 2005 public hearing. Thank you for your continued assistance and cooperation. I look forward to the approval of this rezoning on January 12O' Very trul "rs, Thom s oore Lawson TML:atd Enclosure cc: A.P.R. Mini -Storage, LLC FROM ROYAL AU OR E.SS: POST OFFICE: HOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FAcsm ILE: (540) 635-9421,E-\IAII.: SII.FKJ(1�1.1'NXCONNECr.CO\I FAIRFAX ADDRESS: 10805 MAIN STREET, SUITE. 200, FAIRFAX, VIROINIA 22030, TELEPnonE: (703) 352-2615, FAcsiNnLE: (703) 352-4190, E-MAIL: TIIOAIASO.I..\WSONon;VE:RIY.ON.NET 4k a Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 41) Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building pen -nit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If Cp. said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY ER: A.P.R. Mini Storage, L.L.C. By: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: t9+ Date: The forego. g instrument was acknowledged before me this 2004, by { L) Monny My commission expi res 1 13(l (X, Notary Public i . (71� day of �) , I 0 - C7 9 0 • LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE Box 2740 W►NCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 E U U E S EP 2 2004 FREDERICK COUNTY PLANNING & DEVELOPMENT THOMAS MOORE LAWSON • TLAWSON(!i)LSPLC.COM September 22, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: VIA FACSIMILE AND U.S. MAIL Dear Candice: A.P.R. Mini -Storage, LLC Our File No. 250.006 This is to confirm our telephone conversation of yesterday, confirming A.P.R.'s desire that the rezoning application be put in front of the Frederick County Board of Supervisors. Please note one of the members of A.P.R. will be out of town from October 251 -November I". Therefore, it would be greatly appreciated if it is not placed on the Board of Supervisors' public hearing agenda during that time. Thank you for your assistance and cooperation. I look forward to receiving confirmation of this matter being placed on the Board of Supervisors' agenda at your earliest convenience. TML:atd cc: A.P.R. Mini -Storage, LLC 0 FRONT ROYAL ADDRESS: POST OFFICE I10X 602, FRONT ROYAL, VIRCINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-AIAIL: SILEKJ@IYNXCONNF.CT.COAI 0,^;/22/2004 16:57 FAX LAWSON AND SILEK9 P.L.C. 160 ExETER DRIVE, SUITE 103 POST OFFICE 1303( 2740 WINCHESTER,VA 22604 TELEPHONE: (540) 665-b050 VACSIMILE: (540) 7224051 11-NWL: TL3,NVSONALSPLC.00M FACSIMILE COVER SHEET Date: September 22, 2004 To: Ms. Candice Mills Fax No.: 540-665-6395 Frorn: Thomas Moore )Lawson, Esquire Our File No: 250,006 Number of pages including cover: 2 Message: '/I�Y [a001/002 „ W� SEp 2 2 2004 The infomiation contained in this facsimile message is information intended only for the use of the individual or entity named above, and may be attomey/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any disco- ination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FRONT ROYAL/IODRt_: POST OM- cr Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPI1QNT,! (540) 6_;5-(1SI5, FAC9IMILE: (540) 635-4121, FjMATL: SILEKJ QRN1AON .INEXLT 09/22/2004 16:57 FAX 0 002/002 I LAwsON AND ILEK� RL,C. 160 EXETEk DRFVTy SUITE 103 i'OST OFFICE BOX 2740 WINCHISiER, VA 22604 TELEPHONE: (W) 66-50050 FACM4ME: (540) 722-4051 THOMAS MOORS LAWSON • T ,AWsnry RAT SPI.C.0 M September 22, 2004 Ms. Candice Mills The .Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: VIA FACSIMILE AND U.S. MAIL Dear Candice: A.P.R. Mini -Storage, LLC Our .pile No. 250.006 This is to confirm our telephone conversation of yesterday, confirming A.P.R.'s desire that the rezoning application be put in front of the Frederick County Board of Supervisors. Please note one of the members of Al}.R. will be out of town frori; October 25 -November 1st. Therefore, it would be greatly appreciated if it is not placed on the Board of Supervisors' public hearing agenda during that time. Thank you for your assistance and cooperation. I look fonvard to receiving confirmation of this matter being placed on the Board of Supervisors' agenda at your earliest convenience. T TML:atd co: A.P.R. Mini -Storage, LLC FRONT ROYAL ADI)Rrm� Pper OMCK B[a 602, Rto:rr RUVAt, Vmcmu 27630, T EurHoNe: (540) 6350415. FAcaum.e: (Seo) 635-9421, F,?AAn., Srrzhr(4p rrACnnrEcr.COM F EC E WE-R F72004 IL✓, LAWSON AND SILEK, P.L.C. j FFiED�RICK COUNTY 160 EXETER DRIVE, SUITE 103 PLANNING & DE [-. VELOPMI POST OFFICE BOX 2740 THOMAS MOORE LAWSON • TI.AIVSON(a),I,SPLC.CO',I WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 September 7, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA FACSIMILE AND U.S. MAIL Dear Candice: This is to confirm our telephone conversation of earlier today in which I advised you that in tomorrow night's Board of Supervisors' hearing, A.P.R. Mini -Storage, LLC will request the Board table the rezoning to allow time to meet with the neighbors to discuss issues relevant to the rezoning. Thank you for your attention to these matters. If you should have any questions, please do not hesitate to give me a call. TML:atd cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDRESS: POST OFFICE IIOX 602, FRONT ROYAL, VIROINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ@LYNXCONNECT.COM 09/07/2004 17:11 FAX Z 002/002 L wsON AND SILEK, P.L.C. 160 EXETER DRPfF, SurrE 103 POST OFFICE BOX 2140 THOMAS MWRE LAWSON I TLA1Y5ON(n)L9PI,C,C0M )VINCIfESI[> R, VA. 27$04 ITLEPHONE7 (549) 6654050 F'ACSII.ffi,L: (540) 7224051 September 7, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: AT.R. Mini -Storage, LLC Our File No. 250.006 VIA FACSIMILE AND U.S. MAIL Dear Candice This is to confirm our telephone conversation of earlier today in which I advised you that in tomorrow night's Board of Supervisors' hearing, A.P.R. Mini -Storage, LLC will request the Board table the rezoning to allow time to meet with the neighbors to discuss issues relevant to the rezoning. Thank your for your attention to these matters. If you should have any questions, please do not hesitate to give me a call. TML:atd cc: A.P.R. Mini -Storage, LLC FRONT ROYAL Amamq[ Poor OMCE Eox 602, FUONT RorAL, VinomsA 2200, TaKMIC)NR: (1410) 635-941 S, FACNoll I,RI (,940) 63$,9421, F MAIL: SII V.KI(�y[,Yr+'ICrr�+NerT.Con, 0 0 LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUPTE 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 THOMAS MOORE LA September 2, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 W VIA FACSIMILE AND U.S. MAIL Dear Candice: A.P.R. Mini -Storage, LLC Our File No. 250.006 D HiSEP 3 2004 ERICK COUNTY Enclosed please find a revised Proffer Statement for A.P.R. Mini Storage. In an effort to adjust to comments that have been made to this rezoning, the Owner has agreed to restrict any outside sales activities and to proffer out a car wash use at this time that the adjoining properties are zoned and used residentially. Please give me your comments and also advise me if you will send this directly to the Board members, or if you would prefer me to handle that. Thank you for your continued assistance and cooperation. I look forward to hearing from you shortly. TML:atd Enclosures cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FAcsImH.E: (540) 635-9421, F.-MAIL: SILEKJ a LYNXCONNECT.COAI 0 0 Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of any second or subsequent site plan and issuance of a certificate of occupancy for the improvement set forth in the subsequent site plan, the Property Owner shall conduct an actual count of vehicle trips per day from the property. If said count reveals that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. In addition to the above, the Property Owner agrees to proffer out a car wash use and that any commercial outside sales activities on the property will terminate on or before 10:00 p.m. and not recommence until after 6:00 a.m. on the site for so long as any property in the neighboring vicinity (within fifty (50) yards) continues to be used and zoned for residential purposes. Notwithstanding what is stated above, in the event any of the neighboring properties are zoned and/or otherwise permitted or allowed to operate as a commercial use, then the above stated proffered out car wash use and outside sales restriction shall terminate automatically. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. By: Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this day of 2004, by My commission expires Notary Public LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 THOMAS MOO August 2, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA FACSIMILE AND U.S. MAIL Dear Ms. Mills: Thank you for your letter of July 28, 2004, with suggested revisions to the Proffer Statement. As I understand your revisions, they are to add the items underlined and in bold. The intent of the Proffer is to confirm that the initial site plan for the property is a self -storage, which has a projected number of trips per day of less than six hundred. After that site plan has been filed, the property owner agrees to conduct actual counts of vehicle trips from the site and to then trigger a TIA and necessary road improvements once the six hundred vehicle trips per day count is exceeded. This can occur regardless of site plan or any activity on the site. By keeping the language as it was originally drafted, the County is protected against the threatened impact of vehicle trips from this site by those actual counts. To switch this language to only projected traffic counts could put the County in the situation where although projected counts are low, actual counts would exceed the six hundred vehicle trips threshold and the County would lose the TIA and traffic improvements, which are promised in this Proffer. Accordingly, I believe the language as it was originally drafted is the better. In addition, your letter suggests that some other language should be included in the initial paragraph of the Proffer Statement. It was my understanding that the Proffer Statement form had been reviewed by all agencies, including the County Attorney's office and was approved. Nevertheless, if you believe some other language is required in FRONT ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE.: (540) 635-9415. FACti1MILE: (540) 635-9421, E-MAH.: SILEXJ@VLVNXCONNECT.COM Ms. Candice Mills • August 2, 2004 Page 2 order to satisfy some legal requirement, please advise me of the same so that I may include it in any necessary revision. Thank you for your continued assistance and cooperation. As I requested in my previous correspondence, please confirm that this rezoning is on the agenda for the Planning Commission's and Board of Supervisors' next meetings. Very try ly yours,,, TML:atd Enclosures cc: A.P.R. Mini -Storage, LLC 08/02/2004 17:10 FAX [a001/003 LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST C)FFiCF. Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 • nd# E C E E SAO FREDERICK CO PANNING & DEVEI E-MAIL: Tl.AW50N((17LSPLGL'bA4-1 - FACSIMILE COVER SHEET Date: August 2, 2004 To: Ms. Candice Mills Fax No.: 540-665-6395 From: Thomas Moore Lawson, Esquire Our File No: 250.006 Number of pages including cover: 3 Message: The information contained in this facsimile message is information intended only for the use of the individual or entity named above, and may be attorney/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FR041-ROYAL AOORFSS: POST 0MCE Box 602. FRONT RAYA" V ERCINIA 22630, TELEPHOYE* (S40) 63L941S, FACSLMILE: (540) 635-9421, &.N1A1L: STL$KJ(r�R%1A0N1-MYET 08/02/2004 17:10 FAX • LAWSON AND SILEK, P.L.C. 160 EnTER DRIVE, SUM 103 POST OFFICE BOX 2740 WINCH6STEA, VA 22604 Tz1 teaoNv (540) 665-0050 FACSIMILE: (540) 7224051 f� 002/003 • n)iQ 210 FREDERICK COUNTY THOMAs MOORE LAws PLA N!PL, VELOPMENT August 2, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: A.P,R. Mini -Storage, LLC Our File No. 250.006 VIA FACSIMILE AND U.S. MAIL Dear Ms. Mills: Thank you for your letter of July 28, 2004, with suggested revisions to the Proffer Statement. As I understand your revisions, they are to add the items underlined and in bold. The intent of the Proffer is to confirm that the initial site plan for the property is a self -storage, which has a projected number of trips per day of less than six hundred. After that site plan has been filed, the property owner agrees to conduct actual counts of vehicle trips from the site and to then trigger a TIA and necessary road improvements once the six hundred vehicle trips per day count is exceeded. This can occur regardless of site plan or any activity on the site. By keeping the language as it was originally drafted, the County is protected against the threatened impact of vehicle trips from this site by those actual counts. To switch this language to only projected traffic counts could put the County in the situation where although projected counts are low, actual counts would exceed the six hundred vehicle trips threshold and the County would lose the TIA and traffic improvements, which are promised in this Proffer. Accordingly, I believe the language as it was originally drafted is the better. In addition, your letter suggests that some other language should be included in the initial paragraph of the Proffer Statement. It was my understanding that the Proffer Statement form had been reviewed by all agencies, including the County Attorney's office and was approved. Nevertheless, if you believe some other language is required in F"MT Rbru. Aemmt Posr OFmm Box 602, now Roe.L, vmaNi. 22630, TrLapwo ! (440) &K-9416, FAcmwts! (UO) 636A421, 6 Aiv 9axxj@%%mcwmic7.cum 08/02/2004 17:10 FAX Ms. Candice Mills • August 2, 2004 Page 2 order to satisfy some legal requirement, please advise me of the same so t)4p_ OUNTY include it in any necessary revision. PLANNING &DEVELOPMENT Thank you for your continued assistance and cooperation. As i requested in my previous correspondence, please confirm that this rezoning is on the agenda for the Planning Commission's and Board of Supervisors' next meetings. TML:atd Enclosures cc; A.P.R. Mini -Storage, LLC 07/27/2004 1G:14 FAX 2 001/004 LAWSON AND SILEK,, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 E-MAIL: TLAWRQV rt I-SVI_ CnM WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSI mr&: (540) 7224051 FACSIMILE COVER SHEET v-r"EIVED Date: July 27, 2004 - � To: Ms. Candice Mills 11 9. 7 2004 Fax No.: 540-665-6395 FREDERICK COUNTY PLANNING & DEVELOPMENT From: Thomas Moore Lawson, Esquire Our File No: 250.006 Number of pages including cover: 3 _ Message: o 7 2004 ,ici)LIILK COUNTY rLNNNING s DEVELOPMENT i i The information contained in this facsimile message is information intended only for the use of the individual or entity named above, and may be attomey/client privileged and confidential. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited, If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. Thank you. FRONT ROYAL Auums: POST OFFICE BOX 642, FRONT ROYAL. VUtcnu 22630, TELEPRow.! (310) 6,41-9415, FACSIMILE: (540) 635-9421, E-MAIL: 61L6KJ(?,RMAONL1N9,vr-r 07/27/2004 16:15 FAX 0 LAwSON AND ►SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FAC9CMILE: (540) 7224051 July 27, 2004 Ms. Candice Mills The Department of Planning and Development 107 North bent Street Winchester, VA 22601 THOMAF M( Re: A.P.R. Mini -Storage, L. Our File No. 250.006 VIA FACSIMILE AND U.S. MAIL Dear Ms. Mills: Enclosed is a revised Proffer Statement, which► has Please review the same and advise me of your comments. A confirm A.P.R. Mini Storage's dates before The Planning Supervisors. Thank you for your assistance and cooperation with i forward to hearing from you shortly, Very tlu5Moe Thomas TML:atd Enclosure cc: A.P.R. Mini -Storage, LLC Ptortt RaJA4 AbbkM Post QM,` x BOX 602, Fnoe+r RorAL, VMGINU 27630, TxuraoNE: (540) 635-9415, FAcsu=; (540) 635A421, F-MAQ.: 91LtKJ@LVHXC0rrleer,e0H RECOViFF"' JUL 2 7 2004 FREDERU--(, 07/27/2004 16:15 FAX 1@003/004 to • Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bafflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of the Certificate of Occupancy for the use specified in the initial site plan, the Property Owner shall conduct a periodic actual count of vehicle trips per day from the property. If said counts reveal that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TI,A will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the property Owner. The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B-1 zoning with a double row of white pine trees, size and spacing to be consistent with Frederick County Zoning code requirements for mini -storage and that all initial improvements will generally be consistent with those shown on the attached preliminary sketch plan dated April 9, 2004. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY OWNER: A,P.R. Mini Storage, L.L.C. By: —�'} Date: ;2 7 JUL 2 7 2004 FRED-cWKCOUf\jTY PLANNr,-4G & DEVELORAENT 07/27/2004 16:15 FAX Qj004/004 STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged. before me this �' day of , 2004, by 1 -- My commission expires p Notary public 0 RECOVED JUL 2 7 2004 FREDERICK COUNo PLANNM- • LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 JUL 9 F �C;04 i=REDF 1X.;K Ct PLANNING & LFVEL. ,, ,,:ENT July 27, 2004 Ms. Candice Mills The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: VIA FACSIMILE AND U.S. MAIL Dear Ms. Mills: THOMAS MOORE LAWSON • TI.AWSON61,j.SPLC.COM i A.P.R. Mini -Storage, LLC Our File No. 250.006 Enclosed is a revised Proffer Statement, which has been signed by the Owner. Please review the same and advise me of your comments. Also, please give me a call to confirm A.P.R. Mini Storage's dates before The Planning Commission and Board of Supervisors. Thank you for your assistance and cooperation with this rezoning request. I look forward to hearing from you shortly. Very trul yours Thom s Mo a Lawson TML:atd Enclosure cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDREW POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ(gLYNXCONNECr.COM A TV Haroara - vata rrocessing FROM: Bev - Planning Dept. P140print sets of labels by: THANKSHI 5. The Code of VirginjA allows us to request full disclosure of oNflrri b«ip-uY r"atTut w-- rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: V A -A ti I - A&P I c' V i- T-UP,A L B) Proposed Use of the Property: 01-- icy= ZJAh�Ji S iv�A vti= 7. Adjoining Property: PARCEL ID NUMBER (j.,`4 13 — ((A) — 33 cv-t 6 —((:A)) —: 3f& oil 13 — (i #,)) — Y11 cv �t i3 - if A )) - `1 P AD -' 10 b y- _ (l A)) - E'} B USE 2E-SiL DEN n I1 i_ A-Pui2,.T Z r>n"lJAL P,ES, Dc-: I4 - 1 A L ZONING IN QA- V. A- QA r—pr- 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): i %turzrl-r CU Q1-L 7 %L-, A C'x&)i JCKj f- T I i L=, i tom; i �: fL,_ —(- n C )t" (tl� i C J Z�- 12 I G`,�13 --,I - 3 3 - 4 (�L 63 (W+ �7 !� S' �� GCl N DEPT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIW,:,,JN A W S E REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: ESTIMATED COST OF PROJECT: COMPLETION DATE: FAX: DESCRIPTION OF REQUEST: (Write additional information on back o L11,10_ ,cJ. DIGITAL: SIZES: COLOR: PAPER: FAX: E-MAIL: /hIA)�— JA 6 V A6 — fq-3 el BLACKJW-HITE: NUMBER OF COPIES: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-565I) 0 LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 June 29, 2004 Eric R. Lawrence, Director The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA HAND DELIVERY Dear Mr. Lawrence: Enclosed please find the original rezoning application and the check that was first hand delivered to Planning and Development on June 11, 2004. I understand from various conversations today with Planning that your office is holding 66 copies of this application. I further understand from our telephone conversations that the application has been deemed to be appropriately filed per the terms of the ordinance. This was confirmed most recently in our meeting with John Riley and Larry Ambrogi yesterday. As an aside, I understand your office's comments regarding VDOT's comments to the application. While this application is pending, and before we appear before the Planning Commission, I will again revisit the issue of the TIA with VDOT. In the interim, however, their comment satisfies the requirements that allow this subdivision application to go forward. Please confirm that this application will be deemed filed effective last Friday, so that we may be heard by the Planning Commission at its second meeting in July. Thank you for your assistance and cooperation. If, after you have reviewed this letter, you believe there is anything else to hold up this matter, please contact me immediately. TML:atd Enclosure cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDRESS: POST OFFICE Box 602, FRONT ROVAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ(O�RMAONLINE.NET LI Lawrence Ambrogi, Esquire John R. Riley, Jr., County Administrator no restrictions MW only the following uses shall be permitted: General business offices Self-service storage facilities Child day -car facilities Finance, insurance and real estate offices Parks Libraries Public buildings Public utility distribution facilities Fire stations, companies and rescue squads Engineering, accounting, research, management and related services Business signs Directional signs Building entrance signs Legal services Social Services, except for residential care Residential uses which are accessory to allowed business uses no outdoor storage shall be permitted on either of the two properties a category B buffer along the entire west property line (1004.76') "mil l Esc, w�Jy cv�� a 100 foot inactive buffer (without landscaping) from the rear property line (552.92') $12,466 monetary contribution to fire and rescue services (5 cents per square foot) a landscaping plan to be reviewed by Airport Authority during the site plan process traffic improvements per VDOT f P.o v — S�-e��1 S ���Q e,T ,o ✓� r S o LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 June 25, 2004 Eric R. Lawrence, Director The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA HAND DELIVERY Dear Mr. Lawrence: Thank you for your letter of June 23, 2004. My client agrees in principle to what is stated in your letter and that the approximate 5.40 acres of property will in all likelihood be acquired by the Airport. Before a final agreement is reached, however, we would like to proceed with the rezoning of the entire parcel. It is our belief that during the process, once an agreed price is reached for the 5.40 acres, we will be able to drop that portion from the rezoning. Because no price has yet been reached, and because we are on the date of another deadline for filing the rezoning, please accept the application so that we may proceed with the rezoning process. I understand that the proffer issue has been resolved to allow for the acceptance of this filing. Thank you for your assistance and cooperation. If, after you have reviewed this letter, you believe there is anything else to hold up this matter, please contact me immediately. Very yours, Thom Moore Lawson TML:atd cc: A.P.R. Mini -Storage, LLC Lawrence Ambrogi, Esquire John R. Riley, Jr., County Administrator FRONT ROYAL ADDRESS: POST OFFICE BOX 602, FRONT ROYAL, VIRGINIA 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MAIL: SILEKJ(yRMAONLINE.NET 4�G� cDG'L U o DERICK I June 23, 2004 Thomas Lawson, Esquire Lawson and Silek, P.L.C. P.O. Box 2740 Winchester, Virginia 22604 RE: A.P.R. Mini -Storage, LLC Dear Mr. Lawson: Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 In response to your letter dated June 21, 2004,1 have contacted the Winchester Regional Airport to fully understand the intent of the Fly Over/Crash Zone, as well as to confirm your statements in regards to a portion of the subject site that has been designated as a Fly Over/Crash Zone. I have learned that the Airport has expressed interest to your client in acquiring this 5.40 acre Fly Over/Crash Zone. Furthermore, the Airport, in conformance with public law, is preparing to conduct an appraisal to ascertain the fair market value for this portion of the site. This land valuation would be based on commercial land values, as the best use of the property would be commercial use. Most importantly, the Airport has stated (see attached letter dated June 21, 2004) that the property does not have to be rezoned to receive the commercial appraisal value. The Airport has noted that should your client be interested in selling this land to the Airport, as you have so stated, then the Airport is open to consider your asking price for the property. Based on the Airport's letter, it appears that a portion of the APR site may not be necessary to include in the rezoning application at this time. At issue is if your client is open to offer the property for sale to the Airport, and the Airport is interested in acquiring the property, then there appears to be limited purpose in rezoning the 5.40 acres to commercial use. Sin rely, Eric R. Lawrence, AICP Planning Director cc: John R. Riley, Jr., County Administrator Lawrence Ambrogi, County Attorney 107 North Kent Street • Winchester, Virginia 22601-5000 Winchester Airport 5406622936 06122e'04 FbG�01y'` WINGHESTER REGIONAL AIRPORT scitwnc n� 491 AIRPORT ROAD TOP OFYFIGRJIA WINCHESTER, VIRGINIA 22002 (540) 662.2422 June 21, 2004 Eric Lawrence, Director Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: APR Mini -Storage Rezoning 11:64am Dear Mr. Laver ce:{' C/ This letter is in response to your question as to the Airport Authority's intentions regarding a parcel of land owned by A.P.R. Mini -Storage, LLC. The parcel of land owned by A.P.R. includes approximately 5.40 acres identified in the Airport Authority's Twenty -Year Master Development Plan for acquisition. This 5.40 acres lies within the airport's approach surface and in accordance with the Federal Aviation Administration regulations needs to be acquired fee simple. This property does not have to be rezoned for the landowner to receive commercial value. In accordance with public law, when an airport acquires property, they must have an appraisal along with a review appraisal conducted to determine the fair market value, which would include best use. Frederick County's Comprehensive Plan identifies the best use for this land for future development as Business/Office. This designation along with other variables will be used to determine a fair market value. The exact amount of property intended for purchase will be determined by a survey that we will have done in order to ensure that the landowner is not left with an uneconomic remnant. We could actually acquire a little more or less than the 5.40 acres. The survey, appraisals and any environmental studies will begin within the next couple of weeks on three parcels including this one. We have begun the process for acquisition of three parcels on Bufflick Road and this parcel is included. if the landowner is willing to sell right now, we encourage him to present us an asking price in order to speed up the negotiation/acquisition process. I hope this answers your questions however, if you have additional questions or need further details, please do not hesitate to contact me. Thank you for your continued support and assistance. Sincerely, Serena R. Manuel Executive Director • LAWSON AND SILEK, P.L.C. 160 EXETERDRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 June 21, 2004 John R. Riley, Jr., County Administrator 107 North Kent Street Winchester, VA 22601 Eric R. Lawrence, Director Jeremy F. Camp, Planner II The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA HAND DELIVERY Dear Gentlemen: 4 a This is to confirm my meeting last week with you, in which we discussed the above referenced matter, which is a rezoning on Bufflick Road. Previously, the application had been rejected because of comments fi-om the County Attorney that the proffers were not in the proper form and also because the rezoning was seeking to zone a portion of land that has been designated by the airport as a Fly Over/Crash Zone. My understanding of the proffers is that it includes references to including B-2 buffers on the B-1 property. As we discussed, those additional buffers are not required by the ordinance and, therefore, would be properly stated as proffers. From our meeting, I understand Larry Ambrogi will reexamine the proffers to confirm if they are in the proper form. With regard to the other matter, the owner has agreed with the airport to not propose any +� construction on the property, which has been designated as a Fly Over/Crash Zone. The airport, in return, has agreed to acquire that property at the commercial value. In order to further that process, it is imperative that portion of the tract be zoned commercially. I understand from our FRONT ROYAL ADDRESS: POST OFT -ICE Box 602, FRONT ROYAL, VIRGINu 22630, TELEPHONE: (540) 635-9415, FACSIMILE: (540) 635-9421, E-MArL: S1LEKJ@PMAONLINE.NET John R. Riley, Jr., Counodministrator • Eric R. Lawrence, Director Jeremy F. Camp, Planner II Lawrence Ambrogi, Esquire June 21, 2004 Page 2 conversations that Eric will speak with the airport to confirm what is stated above, but as we discussed, this is not the basis for holding up the rezoning effort. Accordingly, I understand once we have heard back from the proffers, this application for rezoning will be accepted for filing. Thank you for your continued assistance and cooperation. I am mindful that this upcoming Friday is a deadline, and I look forward to hearing from Larry well in advance of that deadline so this application may proceed. As always, if you have any questions, please do not hesitate to give me a call. Very truly yours, Thomas Moore Lawson TML: atd cc: A.P.R. Mini -Storage, LLC Winchester Airport 5406622996 06/22/04 11:54am P. 002 • 0 SI NNCS h{f; TOP Or VIRGIMA June 21, 2004 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Eric Lawrence, Director Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: APR Mini -Storage Rezoning Dear Mr. Lawn ce: f�{ (.� This letter is in response to your question as to the Airport Authority's intentions regarding a parcel of land owned by A.P.R. Mini -Storage, tnhG. The parcel of land owned by A.P.R- includes approximately 5.40 acres identified in the Airport Authority's Twenty -Year Master Development Plan for acquisition. This 5.40 acres lies within the airport's approach surface and in accordance with the Federal Aviation Administration regulations needs to be acquired fee simple. This property does not have to be rezoned for the landowner to receive commercial value - In accordance with public law, when an airport acquires property, they must have an appraisal along with a review appraisal conducted to determine the fair market value, which would include best use. Frederick County's Comprehensive Plan identifies the best use for this land for future development as Business/Office. This designation along with other variables will be used to determine a fair market value. The exact amount of property intended for purchase will be determined by a survey that we will have clone in order to ensure that the landowner is not left with an uneconomic remnant. We could actually acquire a little more or less than the 5,40 acres- The survey, appraisals and any environmental studies will begin within the next couple of weeks on three parcels including this one. We have begun the process for acquisition of three parcels on Sufflick Road and this parcel is included. If the landowner is willing to sell right now, we encourage him to present us an asking price in order to speed up the negotiation/acquisition process. I hope this answers your questions however, if you have additional questions or need further details, please do not hesitate to contact me. Thank you for your continued support, and assistance. Sincerely, Serena R. Manuel Executive Director 0 • LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE Box 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 June 21, 2004 John R. Riley, Jr., County Administrator 107 North Kent Street Winchester, VA 22601 Eric R. Lawrence, Director Jeremy F. Camp, Planner II The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA HAND DELIVERY Dear Gentlemen: This is to confirm my meeting last week with you, in which we discussed the above referenced matter, which is a rezoning on Bufflick Road. Previously, the application had been rejected because of comments from the County Attorney that the proffers were not in the proper form and also because the rezoning was seeking to zone a portion of land that has been designated by the airport as a Fly Over/Crash Zone. My understanding of the proffers is that it includes references to including B-2 buffers on the B-1 property. As we discussed, those additional buffers are not required by the ordinance and, therefore, would be properly stated as proffers. From our meeting, I understand Larry Ambrogi will reexamine the proffers to confirm if they are in the proper form. With regard to the other matter, the owner has agreed with the airport to not propose any construction on the property, which has been designated as a Fly Over/Crash Zone. The airport, in return, has agreed to acquire that property at the commercial value. In order to further that process, it is imperative that portion of the tract be zoned commercially. I understand from our FRONT ROYAL ADDRLSS: Post Omcz Box 602, FRONT RovAL, ViRGvGA 22630, Tzumom (540) 635-9415, FAcsmuA: (540) 635.9421, E-MAn.: SniKJ®RNIAONL1NLN[T John R. Riley, Jr., CouAdministrator 0 Eric R. Lawrence, Director Jeremy F. Camp, Planner II Lawrence Ambrogi, Esquire June 21, 2004 Page 2 conversations that Eric will speak with the airport to confirm what is stated above, but as we discussed, this is not the basis for holding up the rezoning effort. Accordingly, I understand once we have heard back from the proffers, this application for rezoning will be accepted for filing. Thank you for your continued assistance and cooperation. I am mindful that this upcoming Friday is a deadline, and I look forward to hearing from Larry well in advance of that deadline so this application may proceed. As always, if you have any questions, please do not hesitate to give me a call. Very truly yours, 20,W/d /_�_ - 15-1 Thomas Moore Lawson TML:atd cc: A.P.R. Mini -Storage, LLC • 0 JUN 1 9 MA FREDERICK COUN i Y PLANNING & DEVELOPMENT LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 June 21, 2004 John R. Riley, Jr., County Administrator 107 North Kent Street Winchester, VA 22601 Eric R. Lawrence, Director Jeremy F. Camp, Planner II The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Lawrence Ambrogi, Esquire Frederick County Attorney 107 North Kent Street Winchester, VA 22601 Re: A.P.R. Mini -Storage, LLC Our File No. 250.006 VIA HAND DELIVERY Dear Gentlemen: This is to confirm my meeting last week with you, in which we discussed the above referenced matter, which is a rezoning on Bufflick Road. Previously, the application had been rejected because of comments from the County Attorney that the proffers were not in the proper form and also because the rezoning was seeking to zone a portion of land that has been designated by the airport as a Fly Over/Crash Zone. My understanding of the proffers is that it includes references to including B-2 buffers on the B-1 property. As we discussed, those additional buffers are not required by the ordinance and, therefore, would be properly stated as proffers. From our meeting, I understand Larry Ambrogi will reexamine the proffers to confirm if they are in the proper form. With regard to the other matter, the owner has agreed with the airport to not propose any construction on the property, which has been designated as a Fly Over/Crash Zone. The airport, in return, has agreed to acquire that property at the commercial value. In order to further that process, it is imperative that portion of the tract be zoned commercially. 1 understand from our FRONT ROYAL ADDRm: POST OFFICE Box 602, FROM ROYAL, Vmrim 22630, Tvwffow (540) 635.9415, FAcsimnx: (540) 635.9421, E-MAu,: SusxjQ@RMAo"LNET John R. Riley, Jr., CoungoAdministrator • Eric R. Lawrence, Director Jeremy F. Camp, Planner II Lawrence Ambrogi, Esquire June 21, 2004 Page 2 conversations that Eric will speak with the airport to confirm what is stated above, but as we discussed, this is not the basis for holding up the rezoning effort. Accordingly, I understand once we have heard back from the proffers, this application for rezoning will be accepted for filing. Thank you for your continued assistance and cooperation. I am mindful that this upcoming Friday is a deadline, and I look forward to hearing from Larry well in advance of that deadline so this application may proceed. As always, if you have any questions, please do not hesitate to give me a call. Very truly yours, Thomas Moore Lawson TML:atd cc: A.P.R. Mini -Storage, LLC V ED ci -tT • • LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 722-4051 June 14, 2004 Mr. Christopher M. Mohn The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 VIA HAND DELIVERY Dear Chris: THOMAS MOORE LAWSON • TLAWSON(}LSPLC.COM Re: A.P.R. Mini -Storage, LLC Our File No. 250.008 Enclosed please find for recording the balance of the required rezoning application forms for A.P.R. Mini -Storage, LLC. Also enclosed are twenty plats, which need to be appended to the twenty rezoning application forms hand delivered by my office on Friday, June 11 `h. I appreciate your cooperation in allowing for the remainder of the applications to be delivered today. Thank you for your assistance in this matter. If you should have any questions, please do not hesitate to give me a call. son TML:atd Enclosures cc: A.P.R. Mini -Storage, LLC FRONT ROYAL ADDRns: Posy OMCB BOX 602, FRONT Rove, VOtGINu 22630, T6LLlRONL: (540) 635-9415, FAcstmtu: (540) 635.9421, E-gun.: Sa¢Ku@yRnuomnverm i f�-NED JUN 1 4 2.004 LAWSON AND SILEK, P.L.C. 160 EXETER DRIVE, SUITE 103 POST OFFICE BOX 2740 WINCHESTER, VA 22604 TELEPHONE: (540) 665-0050 FACSIMILE: (540) 7224051 June 11, 2004 The Department of Planning and Development 107 North Kent Street Winchester, VA 22601 Re: APR Mini Storage, LLC Our File No. 250.008 VIA HAND DELIVERY Dear Sir or Madam: Enclosed please find for recording a completed rezoning application form with agency comments. Thank you for your assistance and cooperation. If you should have any questions, please do not hesitate to give me a call. Very truly yours, -1horr'o `f / N/ v Thomas Moore Lawson TML:atd Enclosures cc: APR Mini Storage, LLC FRONT ROYAL ADDRLSS: POST OMC6 Box 602, FRONT ROYAL, VIRGINIA 22630, TELxrHONL: (540) 635.9415, FACSUAILL: (540) 635.9421, E-MAm: SIUKJ*RMAONLINLNET Pi' Ch�'�S YYV�n, • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 June 14, 2004 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, VA 22655 RE: Preliminary Review Comments for A.P.R. Mini -Storage, LLC Rezoning Property Identification Numbers (PIN) 6413-A-38 Dear Darren: Staff received a submission for a rezoning application for the above -referenced project on June 11, 2004. This rezoning application is being returned to you because it is incomplete. No review continents from the Frederick County Attorney regarding the proffer statement were enclosed. The application also does not address the issues with the Airport Authority's comments, dated February 19, 2004. Feel free to call me at 665-5651 if you have any questions or concerns. Sincerely, L_ K C/mil•' 1-1-7 Jeremy F. Camp, Planner II JFC/bad cc: P.R. Mini Storage, L.L.C, 127 Mercedes Ct., Winchester, VA 22603 Thomas Moore Lawson, Esq., 160 Exeter Drive, Suite 103 Winchester, VA 22604 107 North Kent Street • Winchester, Virginia 22601-5000 0 0 April 21, 2004 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, VA 22655 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 131? C11�� r�` c(op � RE: 2"d Preliminary Review Comments for A.P.R. Mini -Storage, LLC Rezoning Property Identification Numbers (PIN) 64B-A-38 Dear Darren: The purpose of this letter is to summarize the discussion we had on April 13, 2003, regarding the A.P.R. Mini -Storage, LLC Rezoning Application. During our meeting, you expressed your client's (owner) interest in formally submitting the subject rezoning application. As we discussed, staff believes that further explanation of the Airport Authority's comments are necessary prior to formal submission. In addition, comments from the Health Department and revised review comments from the County Attorney's office need to be submitted. Regarding the Airport Authority's comments, planning staff suggests that all interested parties (owner/applicant, Airport Authority, Planning Staff) meet to discuss the five plus acres in the rear portion of the site planned for future airport operations. This area needs to be clearly delineated and modifications to the rezoning application should be explored to resolve the concerns of the Airport Authority. Please also be aware that many of staff s recommendations, as noted in our review letter dated, October 30, 2003, have not been addressed. In particular, transportation impacts do not appear to have been addressed. Staffs recommendations are intended to assist you in preparing a rezoning application which addresses the general policies of the Frederick County Comprehensive Policy Plan and mitigates the impacts of the proposed rezoning. Staff encourages the applicant/owner to give further consideration to staff s comments. I am here if you need any assistance. Please feel free to call me if you have any questions. Sincerely, Jeremy F. Camp, Planner 11 JFC/bad cc: "A.P.R. Mini -Storage, LLC, 127 Mercedes Ct., Winchester, VA 22603 ,,lCene Manuel, Airport Authority 107 North Kent Street • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 October 30, 2003 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, VA 22655 RE: Preliminary Review Comments for A.P.R. Mini -Storage, LLC Rezoning Property Identification Numbers (PIN) 64B-A-38 Dear Darren: Thank you for providing me with the opportunity to review the preliminary rezoning application for the proposed development referred to as A.P.R. Mini -Storage, LLC. Staff s review comments are listed below for your consideration. Preliminary Review Comments: 1) Power -of -Attorney Statement. Please complete the attached power -of -attorney statement for submission with the final rezoning application. This form is now required for all land use applications to document that the applicant has the authority to represent the property owner. 2) Surveyed Zoning Boundary. Please provide surveyed zoning boundary lines for all zoning boundaries proposed on the parcel. 3) Mitigation of Potential Impacts. In order to properly mitigate the potential impacts of this rezoning, staff believes that it would be appropriate for the property owner to consider proffering the following: a) Land Use Compatibility. It may be appropriate to only allow the following uses on the B2 portion of the property: General business offices; self-service storage facilities; child day-care facilities; finance, insurance and real estate offices; parks; libraries; public buildings; public utility distribution facilities; fire stations, companies and rescue squads; engineering, accounting, research, management and related services; business signs; directional signs; building entrance signs; legal services; social services, except for residential care; and residential uses which are accessory to allowed business uses. b) Outdoor Storage. Outdoor storage may not be appropriate for this property. c) Buffer along west property line. It would seem beneficial to extend the required 107 North Kent Street • Winchester, Virginia 22601-5000 Page 2 Preliminary Review Comments for A.P.R. Mini -Storage, LLC Rezoning October 30, 2003 Mr. Darren S. Foltz, L.S. buffer along the front portion of the west property line to the entire length of the west property line. This would buffer potential businesses from potential residences. Some of this buffer could also be used for required right-of-way for the Rt. 522 relocations if needed. d) Buffer along north property line. A buffer along the north property line appears to be necessary to provide the best buffer possible between the airport and any potential business on the subject property. e) Landscaping Plan. Airport Authority to review landscaping plan during the site plan review process. Fiscal hnpact to Fire and Rescue Services. It seems appropriate to offset the financial impact this rezoning would have on Fire & Rescue Services. g) Transportation Improvements. The specific improvements necessary to upgrade the existing road facilities (Bufflick Road) should be specified. 4) Steep Slopes. The provided Impact Statement incorrectly calculates steep slopes as over 15% slope. The Frederick County Zoning Ordinance defines a steep slope as "land areas where the slope exceeds 50%." 5) Agency Comments. Please provide adequate agency review comments from all review agencies. This includes comments from the Department of Building Inspections, Department of Public Works, Fire Marshal, Sanitation Authority, Service Authority, Airport Authority, Virginia Department of Transportation, Health Department, and the County Attorney. 6) Application Fee. Please pay the appropriate application fee with the final rezoning application. This fee will be $1,000.00 plus $50.00 per acre and a $50.00 refundable fee for a public hearing sign. Thus, a total of $1,683.04 is due with the final rezoning application. All of the above comments must be appropriately addressed before staff can accept this rezoning application. Please do not hesitate to contact me with questions regarding this application. Sincerely, Jeremy F. Camp, Planner II JFC/bad Attaclunent: Power -of -Attorney Statement U:Vcrcmy1RezoningsWPR Mindlornge LLCIPre(indnnry Revimv Connncnls.wpd Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) (Phone) (Address) the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. on Page , and is described as Parcel: Lot: Block: Section: Subdivision: do hereby snake, constitute and appoint: (Name) (Phone) (Address) To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ❑ Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this day of , 200_, Signature(s) State of Virginia, City/County of , To -wit: 1, , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this _ day of , 200_ Notary Public My Commission Expires: _ UABev\Specia1 Limitcd POA.wpd SERVING THE TOP OF VIRGINIA i -�HOR 0� June 21, 2004 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Eric Lawrence, Director Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: APR Mini -Storage Rezoning Dear Mr. Lawr ce: This letter is in response to your question as to the Airport Authority's intentions regarding a parcel of land owned by A.P.R. Mini -Storage, LLC. The parcel of land owned by A.P.R. includes approximately 5.40 acres identified in the Airport Authority's Twenty -Year Master Development Plan for acquisition. This 5.40 acres lies within the airport's approach surface and in accordance with the Federal Aviation Administration regulations needs to be acquired fee simple. This property does not have to be rezoned for the landowner to receive commercial value. In accordance with public law, when an airport acquires property, they must have an appraisal along with a review appraisal conducted to determine the fair market value, which would include best use. Frederick County's Comprehensive Plan identifies the best use for this land for future development as Business/Office. This designation along with other variables will be used to determine a fair market value. The exact amount of property intended for purchase will be determined by a survey that we will have done in order to ensure that the landowner is not left with an uneconomic remnant. We could actually acquire a little more or less than the 5.40 acres. The survey, appraisals and any environmental studies will begin within the next couple of weeks on three parcels including this one. We have begun the process for acquisition of three parcels on Buffiick Road and this parcel is included. If the landowner is willing to sell right now, we encourage him to present us an asking price in order to speed up the negotiation/acquisition process. hope this answers your questions however, if you have additional questions or need further details, please do not hesitate to contact me. Thank you for your continued support and assistance. Sincerely, �ti'y*1 Serena R. Manuel Executive Director Winchester Airport 0 S406622936 06/22/04 11:54am P. 001 SERVING iNl Top nF ViR(`,INIA / WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHEST�R, VIRGINIA 22602 (540) 662,7422 Facsimile Transmission Date: W-A-pMq . Time: � 1100 �- rs -- Total. Number of Pagcs (including covet sheet): � Company: �c`� t ' � .�_Q�G� eA Fax Number: From: r~ �� :. �.w Fax: (540) 662-2936 Message- ho„j 10R5 . i The ittFot'mation contained in this facsimile ozntsutissintt is priviiege(I and conhduntial information intended only for use of the inrlividual ormity numal ahovo. II'tho rcailcr of this mt:;sage is not the inlentlod recipient, you are hereby nulifwd dint any dissurnination, distt'ibution nr copyin ; of Ihir cirnutmnicntion is stvir.0y prohibited. Ir you have rccrivcd thin cnnamunication in co,or, picric notify or immaliatcly by Icicphonu and return thr. orif*inal transmission to us at the above address via the U.S. Postal Scrvicc, TRANSMISSION VERIFICATION REPORT TIME NAME FAX TEL SER. # 06/21/2004 14:31 FRED CO PLANNING DEP 5406656395 5406655651 BROC2J178677 DATE DIME 06/21 14:29 FAX NO. /NA141E 96622936 DURATION 00:01:03 PAGE(S) 04 RESULT OK MODE STANDARD ECM COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 + Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX.540/665-6395 FAX TRANSMISSION TO: r) en n4 COMPANY: ��,9c.hA54t✓ ��.�j►�vt� { �1'r FAX 4: (-0 CO a C2 913 (-P Number of Pages (inc uding cavez sheet) 4 • COUNTY of FREDERICK Department of Planning and Development 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 FAX TRANSMISSION TO: i'1e,-in-j COMPANY: ��:,�cha>ev l )�y�0��� i Qi't j26)P71 FAX #: CC b a C2 93 Cr Date: 1 —91 v1- Number of Pagest(inc uding cover sheet) From the desk of: e-r; ( Ca w f e nc F=jjWjjj6a4 0.7 0 0.7 1.4 Miles �> �'* ,r / , f f z , & 53F1 3 3 � (�LI -q - 3� I`f (�`i -A - 7 ,�-,4.77 -Al 7 o 40 Foltz Land Surveying P.O. Box 23 Stephens City, VA 22655 540-323-1497 540-868-2963 Fax foltz . yisuallink,com September 11, 2003 Abbe Kennedy Senior Planner County of Frederick 107 North Kent Street Winchester, Virginia 22601 Dear Abbe, Please find attached a copy of the Rezoning Impact Statement for Parcel #6413- ((A))-38. This is the document which has been submitted for agency review. If you have any questions, please contact me. Sincerely, I Darren S. Foltz, L.S. Enclosures Rezoning Comments i Frederick County Department of Planning & Development Mail to: Fred. Co. Dept. of Planning & Development 107 North Kent Street Winchester, Virginia 22601 (540) 665-5651 Hand deliver to: Fred. Co. Dept. of Planning & Development 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Q Q. m.�ci� -� C1CQ, l�� Telephone: 2r7nj 2 Mailing Address: 12 r&e,(u(A-5 Onx4-� 1f� � C l A S4e-,---� Vol ZZCo Location of property: S,& Ot (`j5� -1 -1 �o obe-,Ac� 5b � �T �-a SA- 6( -kV JO� � 1�ia k 5Z2 Current zoning: Zoning requested: b E)-2 Acreage: 2. Sq 7 3 Ac Frederick County Department of Planning & Development Comments: Frederick County Department of Planning & Development's Signature & Date: ► C� 1 1 3 9 fkc . Notice to Planning Department - Please Return This Form to the Applicant 35 SHENANDOAH VALLEY NATIONAL BANK NEGLEY CONSTRUCTION, INC. WINCHESTER, VIRGINIA 127 MERCEDES COURT 68-895/514 WINCHESTER, VA 22603 (540)665-2792 Memo: Rezoning PAY One Thousand Six Hundred Eighty -Three and 04/100 Dollars DATE Mar 94, 2004' TO THE Treasurer of Frederick County ORDER OF II'005677111 405 L40895 21: 5677 F AMOUNT y ***$1, 683_04 LL r 50Solot'o "911' rsrs� � rtr��_7�7T �'1\TT�a L 0 52 T. 778 41 lit 'WINCH&A REGIONAL AIRPORT �7 fl;ip 7' BEAVEK .)dL T., 64B A 38 I 64B A 3 A.P.R. MINI STORAGE, LLC WINCH64 ESTERA REGIONALA 37 AVER AIRPORT 2 3, , %* 646 A %40 90 ROSENBERGER 4�7 04 A..: Nt q t 40 'Ah REZ # 10 - 04 A.P.R. Mini - Storage, LLC (646 - A - 38) _O ------------ ------------ 64B A 33A BEAVER A 33 S BEAVER 7", Ci /4b / 0�4 , 64B A 38 A.P.R. MINI STORAGE, LLC , PIZ Q0� 00'��° Q y0 0�QQ� I/ I I I � WINCHESTER REGIONAL AIRPORT WINCHE4 TER REGIONAL AIRPORT 64B A 40 ROSENBERGER REZ # 10 - 04 A.P.R. Mini - Storage, LLC (64B - A - 38) - .a ►�� O 00 10 BEAVER "0' 64B .�i 4B A 33 A.P.R. MINI X X , r ^V 6BE iqgAVER g T ' ,Fytb 52A. lb ---r , 'ram `d ------------------ y p, �a��' Q Q `'�c e f,4 ) / QO i � < fOd`Q� i �. Q i _____________________y i O i ^� Rp ----------------------- It Cj ' O Q m WIN r , , REZ # 10 - 04 A.P.R. Mini - Storage, WINCHESTER REGIONAL AIRPORT J SHENANDOAH GAS CO. ; 12C F.CSA I/2' "`� \ RIGHT-OF-WAY LEGEND 1 / A ` UTILITY ESM'T. 11 REBAR (50' MAX. WIDTH) ' REBAR -� N/F WINCHESTER OFFICE l`� 58 \` I D.B. 677 PG. 487 \ 1 FND. FND. 1` \\ PHASE I 2004/2005 CENTER LIMITED PARTNERSHIP D.B. 691 PG. 293 F ` � �\\ \ Oi PHASE II 2006/2007 sig\PHASE III g2008/2009 55 111 11 ", \ E-3 t t I _ _------ ; -�,t \\ \\ PROPOSED AVIGATION It 1\ O; \\ `\ EASEMENT \ \\ \ N 46'4040 W _ I FUTURE ACQUISITION \ J%\ AIRPORT PROPERTY LINE ` „ \ \ 18 45 FREDERICK COUNTY N /F WORCO �\ ` STOP FND. _ - / -- c-- 1' 1 I i f 1�rj 1 O \1 \ \ 1 I , „ 31 A SEE TAXMAP REFERENCE N0, D.B. 634 PG. 51 - l BI 1 68 �, DETAIL \ _. 5/8" MAP ao oa 2Q I REBAR _ _ 1 i SZ AIRPORT PROPERTY ` TREE I PARCEL N N/F GOLLADAY -'-' ` " f, f•J3 jr_ ____ _� -,� I FND OLD CORNER-- 1 - O. ' 1 \� y%riT" r i, =�\ - t--! A\ ; r-IRON PIPE FND. \ r POST FNO D.B. 467-PG-96 J 111 1 / \\ /''Il STA - +68.58 21 \\ i ! Jig 385.19' RT. RUNWAY 67 -* \t 1 11 19 iL--i �J4 I ; ' �.'' RESAU.- J \\ 14 32 11 1 1, N/F I i ` 50^�`� \\ \t 1 \\ 49ZZ —1—\ N/F �JI , r� \ \ 1 t \ \ t 1 \ \ y� 40H \♦ ' �-� 30 �-�— 5/8 t 'BEAVER t_ �' 38 1 1 \ \ 69 \ \ 1 t ! r D.B. 423 \ REBAR t.. 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I I PG. 252 \\ 11 n �\ \ \\ S9 \ \ \I t \ 1 O 46 \ 1 / r 28 33P 1t \I T�J,r 11 1\ �\��I 1\ 1\ tl 1\ \ —_' 1 1 t 11 ; ± i a7 31 1 N 0 4oc 1 '1 11 11 p ! %1l It 1 45 \ 1 11 1 MII 1'1 I I T, , r —'\J 1 1 1 44 \ 1 1< 1 o t 116 40c ti // 6r �_ 1 1 ` 1 1 1 �1 7 1 1 1 1 1 uT1 n1 1 ,n\ �1 1 �1 J �_� 1' fn + c 1 1 . 1 <� e Il I f I t 33 \ t 2A431 T. 1 1 1 r n 1 1 1 1 1 N 1 400 1 41 1'1 Clc 1 n 1 1 1 L- '�' 1 -- I� 1 t 1 1 a 1 53 n 1 1 1 �� S- 1 40A �j II III N/F BEAVER 1 1 co a154 1 1 r 1 YI I 1 y+n\ 0 A� 1 1 1 \ 55 1_1 , 1 1 1 1 D 40L - �' I S I I r D.B. 32�-R6.\526 rTl �1CK R 1 1 1 1 1 1 ` t 1 1 1 �S -\ 1 t _ ------ -- �' 3T �'nl Bv�F t 1 1 1 1561 5T 1 1 1 \ - 1 1 y ---------I- PG. 201 ' I o- �% I 1 1 nl 36 1 1 1 \ 59 \ \ 1 \ 1 1 i:- 1 1 1 45G 1 _ -� - �n _ -D.B. 673 �� <��rn1 t 1 1 1 1611601 11 1 1 1 1 x 1'1 1 1 1 T� _ c0 s� 1 \ \ 1 1 1 11 1 63 45L i \\ gl 7\g6 64 1\ \I ; 1 1 t t 1 1 ''DRIVE 69 16 1 651. 1 1 45M 1 Y'40J 1 "p,V1P�lON I 1 Acn 1 / i' 10 1 NOTE: PROPERTY INFORMATION TAKEN FROM LATEST FREDERICK COUNTY GIS TAX MAP I`)ATARASF W.R.A. A. PARCEL N - _ -ORIGINAL ACQUISITION FOR PUBLIC (AIRPORT) USE DATE RECORDED AREA OF RECORD ACQUIRED BY FEE FREDERICK COUNTY TAXMAP REFERENCE N0. FAA PROJECT NO. / REMARKS FEE' ESM'T. D.B. PAGE 31 HARVEY COLLINS PHASE I ACQUISITION 367 501 1.483 ACRES 64 A 72 AIP 3-51-0059-18 46 47 R. R. & N. V. RICE MARSTON, SHELVA & HAYNES, DELORES PHASE I ACQUISITION PHASE II ACQUISITION 276 18 0.16f ACRES 0.5f ACRES 64 A 74 64 A 70 AIP 3-51-0059-18 47A MARSTON, SHELVA & HAYNES, DELORES PHASE II ACQUISITION 0.75f ACRES 64 A 71 48 ROBERTSON, KIRBY EDWARD PHASE III ACQUISITION 838 783 0.5t ACRES 64 A 69 50 HUFF, BOBBY W & ANNA B PHASE II ACQUISITION 415 136 1.6 ACRES 64 A 59 51 ANDERSON, CHARLES E BONNIE G. PHASE III ACQUISITION 745 785 1.28t ACRES 64B A 48 52 ROSENBERGER, EDNA PHASE III ACQUISITION 31D 44 1.3t ACRES 54B A 40 53 54 55 59 APR MINI STORAGE, LLC BEAVER MARJORIE VDOT (FROM W.R.A.A.) MORELAND, ET AL, ROBERT D. PHASE I ACQUISITION FUTURE ACQUISITION FUTURE ROAD FUTURE ACQUISITION 245 249 5.80f ACRES 2.40f ACRES -4.13f ACRES 2.0t ACRES 648 A 38 64B A 33A 64B A 51 AIP 3-51-0059-18, (TOTAL 14.0 AC.) TOTAL 6.41 AC. PLEASANT VALLEY CONNECTOR 60 LEE, HUNTER B. LEE & MARY JUANITA FUTURE ACQUISITION .5 ACRES 64B A 52 61 COOPER, DAVID FUTURE ACQUISITION 829 11294 .61 ACRES 64 A 60 62 COOPER, MICHAEL R FUTURE ACQUISITION 835 125 .51 ACRES 64 A 61 63 ANDERSON, LARRY & MARGARET R FUTURE ACQUISITION .5 ACRES 64 A 62 64 FISHEL, CARL W & HOPEWELL FUTURE ACQUISITION .5 ACRES 64 A 63 65 HOTT, DONALD L FUTURE ACQUISITION .5 ACRES 64 A 64 66 DARR, BARBARA & KENNETH JR FUTURE ACQUISITION 5 ACRES 64 A 65 67 NESSELRODT, RICHARD L FUTURE ACQUISITION .5 ACRES 64 A 66 68 NESSELRODT, ETAL, LAWRENCE K & VIVIANE FUTURE ACQUISITION .5 ACRES 64 A 67 69 KYLE, ROBERT W. FUTURE ACQUISITION .3 ACRES 64 A 59 70 FOWLER, MICHAEL W. & ANGELA M. FUTURE ACQUISITION .5 ACRES 64B A 49 71 PARKER, TIMOTHY M. J. & JAMES, W. FUTURE ACQUISITION .5 ACRES 64B A 50 T'z� ---4 % 31 A� 40K 31 401 PARCEL 31 A DETAIL N TS i 40M I I I I I 40N 400 1 40P 400 0 i 400 800 SCALE: 1 "=400' i FEET I l LAND ACQUISITION PHASING WINCHESTER REGIONAL AIRPORT WINCHESTER, VIRGINIA 4aDELTA AIRPORT EXHIBIT b, CONSULTANT4 INC. 1 www.deItaoirpart.com DRAWN BY: MRM I !GALE; 1-4001 CHECKED BY: JCL DATE AUGUST 2004 J - - - �;`\ \ SHENANDOAH GAS CO. ' LEGEND 1 A 12C F.C.S.A. \ 1/2- '„ \ RIGHT-OF-WAY I REBAR I l 58 I 1/27 UTILITY ESM'T.-X \ �i REBAR 1 `� ` \ \ (50' MAX. WIDTH) I v 1 FND. '�� \ � � I D.B. 677 PG. 487 \ \ � FNp. ,\ N/F WINCHESTER OFFICE \ \ I \ I PHASE 1 2004/2005 CENTER LIMITED PARTNERSHIP 13 ` D.B. 691 PG. 293 a`a\ , F " \ ` ' 1\ \ 1\ I `�\ \ O � _ PHASE II 2006/2007 9 `��` 19 PHASE III 2008/2009 O h `yam y 11 ` E-3 PROPOSED AVIGATION EASEMENT -�-- - - - -awl— N 46'4040 W _ FUTURE ACQUISITION 57 AIRPORT PROPERTY LINE \` I i 1 ---� 1 1 t 1 Q \\ 18 A1j FREDERICK COUNTY N/F WORCO \ \\ `\ ST J FND. ,� _ - -� �'-: - - B 1 1 15 31 A SEE `\ \\ -- TAXMAP REFERENCE NO. D.B. 634 PG. 51 - 1 DETAIL \ ` �` I s78" - " \ ' D S2 AIRPORT PROPERTY MAP \ PARCEL N0. + `\ 30" OAK �~ - r `- ,``� 1 � - 2{3 REBAR ,t \ \ -'?-" N/F GOLLADAY +r\` \ RT ` ^ 53 - -�--� FND. OLD CORNER , - ' 1 \ / / `--! A\ RON PIPE FNG \ i POST FND. D.B. 46Z-F�C'�96 J 2 \ )f !/ I <t 16 i / / \\ l „i--I' STA = +68.58 6% , i g „�by }' ; 1 1 / 54 - 17A.: F J �385.19' RT. RUNWAY�s. I 111 - {{ _: ! 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' O Z \ 1 \ \ \ \ 1 1 1 \ p 406 % PG. 252 1\ \ (f� \ \ \C�:C\ 1 PG. 252 ��\ l l ! l 1\ \ �n ^ \ \ 1 1 \ _ 1 — i / 1/ 1 A 1 \ Z (+ 1 \�\ \\ 1 1 \ \ 1 \ 11 40G \ 1 I / 28 33 `I 1 ��-, 1 \, \ \\\ \ , \ \ 1 \ 1 \ 1 1' 1 1 \ i� ! 1 r' 1 1 7J1 \ 6 \\\ \ \ \ 1 1 i � dW 1 _ 1 1 1 c )1 1 45 \4 k' — 1 1 1 1 � 1 1 1 1 1 d 1 � 6� VAI 44 \ \ 1 \ 1 \ d11 1 n1 �\ 1 % 16 40C 73 1 11 1 8 `1 i / I 1 1 1 431 A T. 7\ \ 1 ° n1 1 1 1 1 �1 1 61 1 C\ // 1 /y \ 33 1 ; 141 1421 \C� 1 a' ,1 53 n n 1 1 1 1 1 1 ` L- r 1 c�T 40A 11 0. j�' 40D— �' N/F BEAVER 1 \ tpl d\54 1 1 \ -1'ri- 1 \ 7� VI / 1 ym\ RQA� \ \ \ \55 \ 40L - ---J,�--_1 _ D.B. 322,-R6.\526 w' r �CiK 1 1 1 1 15 1 \ 1 1 1 1 1 1 —__ 31 1 Ur1 1 1 1 57 1 1 1 \ 1 y__ _ _ 36 1 1 g 1 1 \ 59 ;581 1 \ \ \ \ - r I 1 1 j 45G 1 --1 wr D.B. 673 PG, 20 l IN d1 1 1 60 1 ' 0 S 1 1 1 \ \ \ 1 \ \ 62 1 61 1 \1 1 \\ \ 1 `r" 1 45L 1 \ \ \ \ 1 \\ 164\ 63 1 1 ' 1 ' 61 ' 1 1 1 1 40J RTC\776'i0, \\169168\16�;66 \65 ; ,1 1 1 71 7� 1\ ; 45M 1 Y`'� + , 1 1 t All ', 1 i� r+----; "p.V1A�10 10 NOTE: PROPERTY INFORMATION TAKEN FROM LATEST FREDERICK COUNTY GIS TAX MAP DATABASE. T- --_-4 PARCEL ORIGINAL ACQUISITION FOR PUBLIC (AIRPORT) USE DATE RECORDED AREA OF RECORD ACQUIRED BY FEE FREDERICK COUNTY TAXMAP REFERENCE NO. FAA PROJECT NO, / REMARKS FEE,-, ESM'j, D.B. PAGE 31 HARVEY COLLINS PHASE I ACQUISITION 367 501 1.483 ACRES 64 A 72 AIP 3-51-0059-18 46 R. R. & N. V. RICE PHASE I ACQUISITION 276 18 0.16f ACRES 64 A 74 AIP 3-51-0059-18 47 MARSTON. SHELVA & HAYNES, DELORES PHASE II ACQUISITION 0.5t ACRES 64 A 70 47A MARSTON, SHELVA & HAYNES, DELORES PHASE II ACQUISITION 0.75t ACRES 64 A 71 48 ROBERTSON. KIRBY EDWARD PHASE III ACQUISITION 538 783 0.5t ACRES 64 A 69 50 HUFF, BOBBY W & ANNA B PHASE 11 ACQUISITION 415 136 1.6 ACRES 64 A 59 51 ANDERSON, CHARLES E BONNIE G. PHASE III ACQUISITION 745 785 1.28f ACRES 64B A 48 52 ROSENBERGER, EDNA PHASE III ACQUISITION 310 44 1.3t ACRES 54B A 40 53 54 APR MINI STORAGE, LLC BEAVER MARJORIE PHASE I ACQUISITION FUTURE ACQUISITION 245 249 5.80f ACRES 2.40t ACRES 64B A 38 64B A 33A AIP 3-51-0059-18, (TOTAL 14.0 AC.) TOTAL 6.41 AC. 55 VDOT (FROM W.R.A.A.) FUTURE ROAD -4.13t ACRES PLEASANT VALLEY CONNECTOR 59 MORELAND, ET AL, ROBERT D. FUTURE ACQUISITION 2.0f ACRES 64B A 51 50 LEE, HUNTER B. LEE & MARY JUANITA FUTURE ACQUISITION .5 ACRES 64B A 52 61 COOPER, DAVID FUTURE ACQUISITION 829 1294 .61 ACRES 64 A 60 62 COOPER, MICHAEL R FUTURE ACQUISITION 835 125 .51 ACRES 64 A 61 63 ANDERSON, LARRY & MARGARET R FUTURE ACQUISITION .5 ACRES 64 A 62 64 FISHEL, CARL W & HOPEWELL FUTURE ACQUISITION .5 ACRES 64 A 63 65 HOTT, DONALD L FUTURE ACQUISITION .5 ACRES 64 A 64 66 DARR, BARBARA & KENNETH JR FUTURE ACQUISITION .5 ACRES 64 A 65 67 NESSELRODT, RICHARD L FUTURE ACQUISITION .5 ACRES 64 A 66 68 NESSELRODT, ETAL, LAWRENCE K & VIVIANE FUTURE ACQUISITION 5 ACRES 64 A 67 69 KYLE, ROBERT W. FUTURE ACQUISITION .3 ACRES 64 A 59 70 FOWLER, MICHAEL W. & ANGELA M. FUTURE ACQUISITION .5 ACRES 64B A 49 71 PARKER, TIMOTHY M. J. & JAMES, W. FUTURE ACQUISITION .5 ACRES 64B A 50 7 31 A� it 40K 401 31 1 PARCEL 31 A DETAIL NITS i 40M / rr I I 40N 400 I 40P 400 0 i 400 800 SCALE: 1 "=400' i FEET I l LAND ACQUISITION PHASING WINCHESTER REGIONAL AIRPORT WINCHESTER, VIRGINIA DELTA AIRPORT EXHIBIT CONSULTANTS, INC 1 w.delfoa irport—m DRAWN BY: MRM BCALE: 1-400 CHECKED BY., JCL I DATE AUGUST 2004 I REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff!*: Zoning Amendment Number PC Hearing Date Fee Amount Paid $ Date Received: BOS Hearing Date_ The folloiving information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: 12 • M i fJ l ' Si �►�/I 6� L L L Telephone: Address: 1 2 M C= iZ C, i-::-0t=-S Cl-' V"i I N (- ►-t �-S I *\./A- a) 2 c,, v 3 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Telephone: taro5-279Z Name: I) /i 1� 12 i= hl Fv t- 1-- - Telephone: 5 �{ 3 2 - i 4-9 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property Verification of taxes paid Agency Comments ✓ Fees Impact Analysis Statement ✓ ✓ Proffer Statement 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: e 6. A) Current Use of the Property:VA �� A&g ((% V r-,T-U L B) Proposed Use of the Property: INFRA L- 0f--rICI 7. Adjoining Property: PARCEL ID NUMBER USE ZONING (� -t 0 - ((A)) - -33 to r-t 13 - ((A)) - D b,t P? - a A)) -- lri b cf - ff A)) -- E?) 6 RF-Si DJNnttL IF, ES i DEN i1 /\ L �E`�i s7r-iJ� r1l_ RGSi pG=t.1r-SAL A-r 1' I = --F �A- (�. Ar RIN 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): i '' '7 7 L-, N�(�r!r Si Dc D►-= l<T-E rr= 'h L:�- r �; C>l--1 12 / P-� 5 z�- Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 04 6 — (C h�) 3 6 Magisterial: _ Fire Service: Rescue Service: 5 it-l-W r" �C- Districts, High School: Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoniing Re uested z.5-i *1 i\ A 8 - It).ii3� F,6 5-2— Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Townhome: Non -Residential Lots: Mobile Home: Office: Retail: Restaurant: 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse: .? ! W; 3 Z-- Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s): 14 Date: 1VO q Date: Date: ?- 9 'f -3, Date: Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.fredeHeIc.va.us Deparhnent of Planning & Developnent, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Plione 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I («le) (Name) PA_," � i� � � 1.a � (Phone) 5 9--79 2 (Address) ;2�7 �yJ�v� -� �4— t.,v,`t-,LAAi V,4 --t_2 03 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. v3 bo i 39 I q on -Pad, , and is described as Parcel: n do hereby ma ke, constitute and appoint: (Name) 12-2 F ►_J S . 1�70 L—TZ-- (Phone) 50 —323 — I qq7 (Address) '?- O. ?oX 3-]—�, 5-r-e7P vi-E�,J 5 C_t 14 \%- 2,Z6 S"S To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: ©� Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to j previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this tZ day of , 200_, Signature(s) State of Virginia, City/County of,To-wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this ay of, 200q. My Commission Expires: i-3i—o1 Notaryy Public U UiCV�S{KUJI LIO111C.: POA „,�, Rezoning Comments gin:. - ---�-�;-�--•-�—•.,•� - —----�,--�---•—_....�— Fred erick-Winchester Health Department Mail t Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia lion• as accurately as:possible in order to assist'the6 = ient wrth then rev- Attach a copy of ffer statement, unpact analysis, and any other -� L's L 3001 HK { - �r�+.,p Svn� ��U Applicant's Name: `� Telephone: Mailing Address: C�) . Z3 C-- \ T 5S - 2) -- � CAI Location of property: Current zoning: Zoning requested:_ 1� Z Acreage: 12 ` Frederick-Winchpter eaDppartment's Comments: C71/ a-, to 7_6hrnc Health Dept. Signature & Date: Nviic tea 't T3epartment Please`Returu Th>s Form to'the Applicant 26 COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 November 3, 2003 Mr, Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, Virginia 22655 RE: Rezoning for Parcel #64-((A)) - 38 - A.P.R. Mini -Storage, LLC Frederick County, Virginia Dear Darren: We have completed our review of the proposed rezoning request for Parcel #64B-((A))- 38 and offer the following comments: 1) Refer to Item C. Traffic: We concur with your conclusion that the proposed development will "have a significant impact on traffic along Route 776 Bufflick Road." We also agree that improvements to Bufflick Road will be required prior to Or concurrent with the development of the subject property. However, the impact analysis does not specifically indicate who will fund and implement these imt rovemen±s. This issue steall be addressed and resolved prior to apnrnv;na the proposed rezoning. We might add that the enclosed proffer statement did not specifically address any road improvements. 2) Refer to Item F. Drainage: The impact analysis indicates that stormwater management will be required if this parcel is developed. We concur with this statement and would add that sto rmwat er/d rain age easements may be required if detention ponds are installed to create point source discharge conditions. 3) Proffer Statement: The proffer statement form included with our review package was incomplete. Provide a completed form after addressing the above comments. 107 North Kent Street • Winchester, Virginia 22601-5000 A.P.R. Mini -Storage, LLC Page 2 November 3, 2003 I can be reached at 665-5643 if you should have any questions regarding the above comments. Sincerely, Harvey . Strawsnyder, Jr., P.E. Dircrtor ofIlublic Works HES/rls cc: Patrick Davenport, Frederick County Planning and Development file IF-34L r=IV. /DOT - Edinburo ReOdaMY is Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 . : Applicanf;. Please. .fill. o f the info matioh as accurately as possible in :order to`assistalio :...:.: Virginia Departnent.pf Transportation with their review. Attach three copies of.your. . . ... ,... application form, looatiori map, profferatatement; impact.analysis; and any:other ertinent.information,.. .:> ��, ;: Applicant's Name: m n . - S�2NCt C2_ LLC Telephone: 2- "1 q 2- Mailing Address: 1Z'-1 dt S Coif} lei iY-) C, } I VA ZZCn n Location of property: Nc-c 4A-1 5-, � e bt `1 fl 6 ab,,, - Jr 66 VL--} Current zoning: A Zoning requested: - Acreage: Z. 59`j 3 Ac - 1 Z 10 . 1 1 ,; 4 AC Virginia Department of Transportation Comments: See attached comments from VDOT dated November 6, 2003. VDOT Signature & Date: / ij 11/06/03 Notice to VDOT - Please Return Form to Applicant 20 t At �t��yyFFyti,,�:..S�//� COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER TEL (540) 984-5600 VDOT Comments to A.P.R. Mini -Storage, LLC Rezoning FAX (540) 984-5607 November 6, 2003 The documentation within the application to rezone this property appears to have a measurable impact on Route 776. Route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the rezoning application dated August 1, 2003 addresses transportation concerns associated with this request. Actually, there appears to be no transportation proffers whatsoever in this rezoning package. There is some mention of improvements being addressed during the site plan process on Page 6 of 16. However, this does not address any specific requirements that will be necessary. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. 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. Thank you for allowing us the opportunity to comment. Ben H. Lineberry, Jr., P. Transportation Assistani BHL/rf Attachment dent Engineer VirginiaDOT.org WE KEEP VIRGINIA MOVING COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 27, 2003 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, Virginia 22655 RE: Request for Historic Resources Advisory Board (HRAB) Comments A.P.R. Mini -Storage, L.L.C. Rezoning Application Property Identification Number (PIN): 6413-A-38 Dear Darren: Upon review of the proposed Rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the Rezoning application by the 1-IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. Also, there are no identified battlefield resources that this proposal would impact. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Rebecca Ragsdale Planner I RARlkac cc: Bessie Solenberger, 1-1RAB Chairman 107 North Kent Street • Winchester, Virginia 22601-5000 Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: t""'I i L-LUjo O D S. ATi vt-i Address & Phone o� �cx 303-7 - tG 0 L- AppReant :_Please- fill°Aut the information as accurately as possible in order to assist the Fire and Rescue:Sq isd th_iheir review.. -Attach a copy of your application form, location map, pro _et state►' e-n impact analysis, and any other pertinent information - Applicant's Name: A Q R- 't I �-� Telephone: b (o5— Z°'7 Iq2 Mailing Address: U1 _\N ;��ch� Sir, vA 2zb o Location \of property: 11 (� N� h S,C1 Ly t R6).L)e- 716 aa-id 56y �et° Current zoning: A Zoning requested: 1 Acreage: Z' 6'4 '13 A-c • -7 i r. 11 �,6 A-r Fire and Rescue Company's Comments: PP-aPc-1t, �l�j� �t7- SA.ac ,q s �,� •4 s � �! .4 cs /� Fire & Rescue Company s Signature & Date: IfJ a3 Notice to Fire & Rescue Company - Please Return This Form to the Applicant 32 Rezoning Comments Irr dr-_—r..- ..-n,l'. _ .`...n!s' c._q a+s„-•.^•r-.-�.a�'seF)_i: « .- s:.-.r.--e Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia - accZairecall �.as '"'`ble m brder toast of yoar--app Catrohifo -4� -tocano ro ev a emenf Itmpac�'ainalp�sand.anp other ertinea informah,�r �..��ii.�"�ti:'rks+3r"4�:��:a':�L:c.�.x'�'�� Applicant's Name: A CT I� r. ' S Q��, -l-L'- Telephone: Lo 15 2 "J' Z Mailing Address: 12 W e (CLd-P `! a ,'� W n� Y1 f AL 22[n o Location of property: t\I �� ` S �� o u 9 ( e�( --Itie 0 -Ah Current zoning: {�� Zoning requested: 6 -1 Acreage: Z Z. 5 �173 -2 I . 113 c_ Fire Marshal's Comments: t Fire Marshal's Signature & Date: K4;t';ir gFirelViarshal = Please Retirni This Form to the Applicant 22 Control number RZ03-0012 Project Name A.P.R. Mini -Storage Address 127 Mercedes Court Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 10/10/2003 10/15/2003 Applicant A.P.R. Mini -Storage L.L.C. City State Zip Winchester VA 22603 Tax ID Number Date Revised Applicant Phone 540-665-2792 Fire District Rescue District 64B-A-38 21 21 Recommendations Automatic Fire Alarm System Yes Re( jliii-eI►Iell 16 Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments I,i[ II.;41li_[I Plan Approval Recommended Reviewed By Signature Yes Timothy L_ Welsh cz Title — ' Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia fill out th,& inforination as accurately as possible in order 'to- assist the ­ ty witlitheir, review. Attach a - copy of your application form, hic-ati on ement, impact naIysi*j--IU-- d*j--M--'-"j thee pertinentineut information 4 -"7� U MR Applicant's Name: Telephone: Mailing Address: 06-ull- V VA 22tco3 Location of property: S-,dt- J" ��i,,Je- q76 a ��j 15e) 6 Gct LA- d �IvL, -1 cAer �,tc, -6-nIt)-MI 1 61-Ak 5 Z2. Z. 54-73 Ac.1 Current zoning: Zoning requested: I / 0 Z Acreage: it). 1134 Ac. Sanitation Authority Comments: -2 Sanitation Authority Signature & Date: NUM-5 h -:y NO f9i aw", �' 4 " H., ME HIM 25 Rezoning Comments ................... Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant;' Please fill out the information as accurately as possible in order to assist the Fred-VlWmc Service Authority with their review_ Attach a copy of your application form, locatio map, proMr statement, impact analysis, and any Other pertinent Information. Applicant's Name: 0. M .Y- ; - aora Telephone: & 6 S - Z rJ 5 Z Mailing Address: 2 me, C.L ctt 5 O's-, l� lx rC-)-,A 51e; vA 2zco 3 Location of property: �S'l L 6f �t� Tj b 6..00-1AA 560 GCe± �-C-sy of -thk IA'I 961ky 52z. . Current zoning: '� Zoning requested: 6-- Acreage: 2.5217 3 Ac . / 6-2- lo. t 13i Ac . Fred-Winc Service Authority's Continents: �117 C17tK1�iP� Fred-Winc Service Authorit V), Signature & Date:✓� thola Frcd-Winc Service Authority = Please Return Norm to Applicant 34 :C4 A A, Wis4 •r RsoemW Airport's CoKusaab: --- Oeci-SK--,-�fc VTm 5iva� Regional Airport's r & Date. �� ems" � 1 aol 30 WINCHESTER REGIONAL AinpORT 491 AInD014T nOA0 `;/ WINr'NeRTER VIRGI NIA 2MC2 r� (5-" •Aa 2422 rusty 19, 2004 A. A. Mini- Stornga, LLC 127 McILVU -V Coup h"Or, Virginia 22603 r40 Roznning Comments Parcel ID M "B& (A))-U - 12.6607 Acres Rwmji,ly Requested 13-I/B-2 Shawnee Magisterial District Des Mr. Fokz: Th• "Gal of ld"Ll yuu are requaeling a rezoning for Includes a secim of app xtrna" 5.40 acres adjacent to exiMinp airpofl Property idsrOud by the Winc hOster Regional Airport Authorfty for f#9 9impla acrlrlkition_ Ilia or'1*o*d a copy of the Airport Property Map tthat chows the sWiul r ul ttw PfIMW needed for &Lyuiylthrn Idonlllied on our map as pArcol 53, owned by Nicholson. This rtrsl of land alorp with several other parcels, has been prograrnmed in the Ai rl's Twanty, Yaor Water Plan, Frederick County's Cort+prohonsivo Plan, Fryd rick Coulntyrs Capftal lmprovomcrd plan and the Five -Year r3an far the Virginia 11mont of Aviation and the Federal Aviwliu►r "i4iii1ytratlon. KOM s Wnp along the nodhom side of 9ufflick Road that have property rdentn'til for 2WASItion on *Irn Airpori'n Mnstar Plan were imnudlstvly nottMed upon compbtlon Of Mosier (clan Update In 1993. They each received a copy of an oat"ted tiffWtkb4 outlining wtion ■cqulsftion procvedings would proceed. Fund ng for the preliminary work (Gurveys. appraisals, environmental assessments, etc.) I o acquirs thrm r4"s of property including thls parcol is In the current budget and is in progr"s. Funding for the soqutsRion of load in in the Airport's budget for FLY 2005 that begins July 1" of thb year. For a AIrM arU G RurtN is no( FAR' rveral years, development requiring land acquisition at the Winchester Regional t has focvead on the Runway 32 (souttiwost) and. Now that those land pro*to mplete, the Airport is adi*y working on acquiring several parcels on the iv 14 (rlurttreast) which Indudes thu above refertinced paF001. Land acquisition 9saary because many of the Identified parcels are located within the Airport's 'art 77 primary surface sm&or approach surface. nder tine Federal Aviation Adminictmllon'e Part 77 Si►rtrArr WArp►IrnmrrntA. ft AiMna r6qulted to own fee simple property within the Primary Sunoco. Thio roquiromont io ,mi inr>Mrrie kr thn Comm of WUi►►4i 15.2 TlW fives Ous suer Uw sivialed fur .gtMsMlon Hoe wflhin the airport's runway prvbctson cane (RPZ) as outt.wd on the missed map. available at any time to meel with you or the landowners to wo& out o oolullon wnuk3 be FwnPtir•.17ii M itr►rn. NnWAVMf, I am uiirhMr lu yuylJuit Yes r�[utirw 4t for V)e er*m 12 plus mm pamei. On behak of the Wincheaer Kegorlal art Authorfty, we discou" a rrrcm inq that would allow for devokwrT O on the Nod tNe-acts a*e. "du rr►l lmml"144 lu rlhr to disw6s tills Issue or 1f you haver Questions at ) 662-5786. you for your support and I look frorwit«1 to wn(kinp with ynir on 1hk mmftsr SMXm wly, S�Iwm A. Manuel Q Qcutive Dirvmr Chli tae L. WAmoL Jr„ Chairman, WgAA w/o end Eric Lawrence, Director, Fmdvdck County Planning w/o encl Mork K. Flynn, Legal Counsel, Wf1M w/o end N/F rPK maw 07xl- C£N7FR LMW PAAJAAMW as or PC JW N/Or CUS7M 7RtfTRT I' as m ro x. ` 771 (77.t) H/F CARP£A'S VAUEY GAF LY/Ai tJ. jQa >v 1C Wo ` ` --� l— ly i �irtc $Ulmr SB urtinrsir� i` l Z Y TPa .O l ,11 }I 1 F N/F C.WPUS VALL£r GaF CLL.6 LP. as xs pa X8 I` u wrr [f',��\/ 'fOt'WOiMM oat Rl J `N \ I(j I T11`iA 19 \�\ I I y 8 1 1 I I I Impact Analysis Statement for Parcel ID # 64B-((A))-38 Shawnee Magisterial District Frederick County, Virginia August 1, 2003 Revised April 9, 2004 Prepared by Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, VA 2265.5 540-868--2963 Fax 540-323-1497 foltz@visuaillirilc.coin Rezoning Impact Analysis St?temenl Pxnd lD I{ 6,IB-((.,V)-88 Table of Contents Introduction 3 A. Suitability of Site 3 B. Surrounding Properties 4 C. Traffic 5 D. Sewage Conveyance and Treatment 6 E. Water Supply 6 F. Drainage 7 G. Solid Waste Disposal Facility 7 H. Historical Site and Structure 7 I. Impact of Community Facilities 7 I Other ImpacL 7 Exhibit #1 - Boundary Survey 8 Exhibit ff2 - Boundary Survey «v/ Rezoning Acreage 9 Exhibit #3 - Flood Map 10 Exhibit #4 - Soils Map 11 Exhibit #5 - FCSA Water & Sewer Map 12 Exhibit #6 - Frederick County Impact Model 13 Exhibit #7 - Current Deed 14 Exhibit #8 - Current Tax Statement 15 Exhibit 119 - Proffers 16 Page 2 of 16 Rezoning Impact 1112,-d sis St �tenrent Rural ID I/ G113-((,4J)-3,4 Introduction This parcel contains 12.6607 acres (see Exhibit #11) and is location on the north side of Route 776, Bufllick Road about 500' east of the intersection with Route 522, Front Royal Pike. The parcel is currently zoned RA and it is the desire of the current owners to rezone the entire parcel, 2.5473 acres to B-1, neighborhood business district and 10.1134 acres to B-2, Business general district and (see Exhibit t12). The parcel is within the Urban Development Area as shown in the 2000 Frederick County Comprehensive Policy Plan and is shown as an area of proposed business/office on the map of the Route 50 East corridor study. This parcel is located near the Route 50, Interstate 81 interchange and Route 522. It adjoins the Wmcliester Regional Airport which makes it a desirable location for conunerc•ial/business development. The location of neighborhood business district (B-1) along the existing frontage on Bufllick Road will allow for the transition from the existing uses of homes and small businesses Oil Btniflick Road to the business general district B-2 which will adjoin the Winchester- Regional Airport. A. Suitability of the Site The parcel is well suited for commercial development. The land slopes gently from wide hilltops to drainage swales and could be easily graded to maximize the cone nercial potential. • 100-year flood plains No portion of this property lies within the 100-year flood zone as shown on F.I.R.M. Panel 11510003- 0115-B, dated July 17,1978 (see Exhibit 93). • Wetlands No wetlands have been identified on the parcel. Some portions of the drainage swales along the eastern boundary line are poorly drained due previous farm traffic and may show signs of wetl<-urds. However these are not natural and with minimal grading these conditions would cease to exist. • Steep slopes (over- 5096) No areas of steep slopes have been identified on the parcel. Two small areas which may contain slopes over 1596 are highlighted on the Soil Survey of Frederick County, Virginia, Map (see Exhibit 114). • Mature Woodlands Some mature trees are located along the north boundary line and around the existing house. The site is generally considered to be without mature woodlands. • Prime Agricultural Soils As shown on the Soil Survey of Frederick County, Virginia, Map (see Exhibit H4), (lie parcel contains the following soil types: 3B Blairton Silt Loam 2%-796 slope 41B Weikert-Berks (clrannery silt loam) 296-796 41C Weikert-Berks (clnannery silt loam) 796-1596 41D Weikert-Berks (channery silt loam) 15%-25% The soils in these categories are generally shallow to moderately deep. Hard shale bedrock is found at a depth of 15" to 30" below the ground surface. There are no known critical areas on the parcel. Page 3 of 16 Re7onicglnipactAnalpis Stalcmcne P icelID 11 G413-((ii)J-38 B. Surrounds ig Properllcs Parccl tl Owncr Narnes/Addi-ess Zonc Usc A D,JOIATING O i VAERS 64B-((A))-33 Ralph L. Beaver- & Kathleen 11. Beaver RA 135 Bufllick Road 64B-((A))-33A Beverley M. Bcavcr RA 1400 Opequon Avenuc 64B-((A))-33B Ralph L. Beaver-& Kathleen 11. Bcaver RA 135 Bufllick Road 64B-((A))-39 Winchester Regional Air-lx)It RA / Airport 491 Airport Road 64B-((A))-40 Edna S. IZoscrll)cr'gcr' RA 223 Bufllick Road 64B-((A))-41 James E. Wisecarver RA 203 Bufllick Road 64-((A))-88 Winchester Regional All]X)rt RA / Air -port 491 Airport Road ACROSS BUTILICK ROAD 64B-((A))-61 William L. Copcnhavcr RA 210 BuCflick Road 64B-((A))-62 Jarncs E. Wisccarti•cr RA / 203 Bufllick Road Auction War-elrouse 64B-((A))-63 John A. Pearson & Donna T. Pearson RA 192 BufTlick Road 64B-((A))-64 John M. Onrdorlf RA 399 Windsor Lane 64B-((A))-65 John M. Onrdorff RA 399 Windsor Lane 64B-((A))-66 John M. Onrdorff RA 399 Windsor Lane 64B-((A))-67 William J. Frederick RA 160 Bufllick Road Page 4 of16 Rezoning Impact A rrd) sis Statement Rx-celID # 64B-((AU)-38 Parcel # Ov«ier Names/Address ACROSS BUETTICK ROAD (Conlintied) 64B-((A))-68 Lily M. Ashby 154 BufIIick Road 64B-((A))-69 Lily M. Ashby 154 BufTlick Road 64B-((A))-70 Milford J. Mathison 3920 Northwestern Pike 64B-((A))-71 Donald M. Bowen & Arlene C. Bowen 2535 I-Iockinan Avenue Zone Use RA W RA RA / Body Shop All adjoining properties are identified in the 2000 Cotnpreliensive Policy Plan for Frederick Count),, Virginia, as proposed Business/Office (as shown on the Route 50 East Corridor Future Land Use Map). C. Traffic PR —*SENT The parcel is less than one mile from the intersection of Route 50 and Route 522. This intersection is near the Route 50 Interchange with Interstate Route 81 with its frontage on Route 776 Bufllick Road being 500' from the intersection with Route 522. Route 776 Bufllick Road is classified as a local road in the 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. PAST Traffic Data From Virginia Department of Transportation (2000) Route 522 Between Route 50 and Paperrnill Road 14,000 TPD (1999) Route 776 between Airport and Route 522 490 TPD (2000) Route 645 between Route 728 and Route 522 2,000 TPD FUTURE+ The Eastern Road Plan Map in the 2000 County Comprehensive Policy Plan (CPP) of Frederick County, Virginia, shows a new major collector road crossing Route 522 near the intersection of Route 776. This new major collector continues northeast from Route 522 passing near the northwest comer- of this parcel and continues to a new intersection with Route 50. The future traffic impacts for this proposed commercial development have been estimated using the ITE Trip Generation Manual, Sixth Edition under the category of Mini -Warehouse for the B-2 portion of the Rezoning, and the category of General Office for die B-1 portion Page 5 of 16 Rezoiung Impact Ana1j sis Statement Rx-celID # 6413-(()1-88 Based on the attached preliminary sketch plan, there will be a maximum of: 20,000 square feet max potential building area of B-1 150,000 square feet max potential building area of B-2 Using the information from the ITE Manual B-1 20,000 x 11.01/1000 = 220 Average 20,000 x 1.5611000 = 31 Average 20,000 x 1.49/1000 = 30 Average 20,000 x 2.37/1000 = 47 Average 20,000 x 0.98/1000 = 20 Average B-2 150,000 x 2.50/1000 = 375 150,000 x 0.28/1000 = 42 150,000 x 0.29/1000 = 44 150,000 x 2.33/1000 = 345 150,000 x 1.78/1000 = 267 Vehicle trips Weekday Vehicle trips AM Peak Hr. Vehicle trips PM Peak Hr. Vehicle trips Saturday Vehicle trips Sunday Average Vehicle trips Weekday Average Vehicle trips AM Peak I-Ir. Average Vehicle trips PM Peak Hr. Average Vehicle gips Saturday Average Vehicle trips Sunday The generation of 595 trips per day from 150,000 sq. ft. of mull warehouse and 20,000 sq. ft. ol'general office space would have a significant impact on traffic along Route 776 Bufllick Road. Improvement of road infrastructure upon development of this parcel would be necessary. Improvements will include pavement widening and taper, commercial entrance to site, and right-of-way dedication as shown on attached sketch plan and must meet the requirements and approval of the Virginia Department of Transportation and Frederick County Zoning. Potential Impact from high traffic uses allowed in the B-2 zone: Average Vehicle Trips Weekday Lumber Store 150,000 x 40.67 / 1000 = 6100 Discount Superstore 150,000 x 46.96 / 1000 = 7044 Retail Center 150,000 x 39.71 / 1000 = 5956 D. Sewage Conveyance and Treatment Sewage from this parcel will be treated at the Opequon Water- Recl niation Facility An 8" main is located through the north portion of the parcel and a 12" main is located along the south and east boundary lines (see Exhibit 45). Sewage flows for mini warehouse site are dependent on if them is onsite management. The estimated amount for the 150,000 sq. ft. B-2 area is 500 GPD. The estimated amount for the 20,000 sq. ft. B-1 area is 6,000 GPD. Hence, a combined total of 6,500 GPD is estimated. E. Water Supply A 16' water main currently serves this site. Water is provided by F.C.S.A. Page 6 of 16 IRezo,rl* Impact 412 d —]s Smteiment I uz.-elID # 6-IB-((. F. Drainage Three natural swales carry die iuiiofl'fi'om this parcel. They eventually flow to Sulphur Spring Rcni. Stone water management will be required if this parcel is developed. During the site plan process the storm water- management will be designee] as required by Frederick County code and approved by the Frederick County Public Works Departinent. G. Solid Waste Disposal Facility The Frederick County Landfill is the nearest solid waste facility. It is approximately three miles nordwast of this parcel. The amount of solid waste generated by the developed parcel has a maximum potential estimated at 200 pounds per day. H. Historical Site and Structure There are no known historical sites or strictures as listed on ]lie Virginia Landmarks Register and the National Register. No major battlefield or fortifrcatiori/enti-enchriient exist on flits parcel as represcutcd oil the Civil Battlefields & Sites Map included Uri the 2000 Comity Comprehensive Policy Plan (CPP) for Frederick County, Virginia. I. Impact of Community Facilities Education No impact expected Police Protection Minimal irmpact (Provided by Frederick County Sheriff's Department) Fire & Rescue Protection Minimal irnpact (New Millwood Fire Stations is within two miles of tliis parcel) Parks & Recreation No impact expected Solid Waste Disposal Minimal impact J. Other Impact No other significant impacts expected. Page 7 of 16 Remnzw Impact A, ialy sis Statement Pa/relID t! 6413-((,I)),38 S 1 , E R / no f VICIN11i IA Ai M'(n. /rr.lr. Rrrinn.l SCREE: 1' - 2000' \ TAt 64-((A))-88 i II'INCHESTER REGIONAL AIRPORT AU111ORRY DO 42J PG JO 08 440 PG 837 J6" OAK 06 659 PG 175 TREE S 61'l1'45" E rRF 552.92' — L EX. 20' UrlU1Y ESAIr. _ OD 670 PC 504 IRF OFrlINE 2.48' 3 TM 646-((A))-JJA IAt 649-((A))-39 MARJORIE G. BEAVER INST.1030000667 N b v TM 648-((A))-38 N o RICIMRD L. NICHOLSON, JR. INST./0100IJ568 2 12.6607 ACRES IRF IRF OFFLINE 0.20' TM 64B- A JJ N (( ))-40 (()) EDNA S.4 ROSENBERGER RALPH L. BEAVER & v OB 28J PG 68 KATHLEEN H. BEAVER EX. 40' UTICIII' ESAIr.— OB 406 PG J18 OB 670 PG 504 1 ( 3 IRF OFFLINE 1.49' TM 648-((A))-JJB EX. DIVELUNG o [At 648-((A))-41 RALPH L. BEAVER & I I N JAWS E. IYISECARVER KATHLEEN H. BE DB 240 PG J47 El OB 404 PB 62J _ N 5952 OJ" W _ 5J6.00' BRICK POST--___RTE. 776 BUFFiICK ROAD — ® 17.06' IRS 0 15.00' 1500' TO INTX (JO' PRfSCRIPTnE R/11) U.S. RTE. I I LEGEND: 0 too ;00 +qa IRF =IRON REBAR FOUND IRS = IRON REBAR SET SCkf- I' = 200' NOTES: I. NO TITLE REPORT FURNISHED. EASEMENTS OILIER TITAN SHOM ATAY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOD (ONE AS SHOWN ON FI.R.M. PANEL /510063-0115-B, DATED JULY 17, 1978. BOUNDARY SURVEY PLAT TH OF G 12.6607 ACRES I STANDING IN THE NAAIE OF RICHARD L. NICHOLSON, JR. SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DARREN S. FO DATE: JUNE 11. 2003 SCALE: I- = 200' 1 FILE#: 03-006 NO. 2257 Foltz Land Surveying, Inc. SIIEET 1,yo �o P.O. 8eR 2J Stephens City.V:Ig�nio 71655 1 SUR`/E Phone 1: 540-J2J-1497 Foe 1: 540-868-2963 1 emor7: toff OnivvlGn4. com Page 8 of16 Exlilblt ill - Bounduy Survey . Rezoning Impact Analj sis SLalemenL Paird ID # 64D-W- 38 f• Pr lr l I T� 1 bi q) nit t • ,,, J. `..... •� ?,>��/ \1CItnty MAP SCALE., I. = 2000 ;�w,•••�r.e..trf ..r _. TA+ 64-L(A)1171JCHESTER REGIONAL AIRPORT Au1Hor,17Y C8 423 PC i0 OB 440 PC P37 J6' OAK oB 6_59 PC 175 \ TREE S 6 r 1 1 '45' E IMF 552.92' U!I(Ily fSvT CR 6.-0 rC 504 / e IRr OrHJNE 748' v TA1 648-((A))-33A �o IM 64B-((A1)-,;9 MARJORIE G. BEAVER N o INST.I030000667 W , T111648-((A))-38 � RICHARD L. NICHOLSON. JR. INST.1010013568 w 11.6607 ACRES !Rr IRF OMINE 0.70 TM 64B-((A))-40 EMA S. ROS£NEEA'CfR TM 648-((A))-33 N C1B 283 rC 68 RALPH L. BEAdoKATHLEEN H. BEAVER A - EY. 40' UTILITY ESMT. OB 406 PG JIB B-2 10. 1IJ4 AC3 LAB 6.0 rG 504 6I'45'05" E 540.(())B-1 IRF OFFUN£ ►.49'" TM 648- A -33B - 2.5473 AC o o TA+ 648-((AI)-41 RALPH L. BEAVER do EX. 011E(LING 0 '� HI m ✓AWES E. 11'ISECARbER `r KATHLfEN H. BEAVER w DB 2.40 PG 347 DB 404 PB 62J N 59'52'03" IV 536.00' I _ —rE _ BRICK POST 0 17.06' RTE. 776 BUFn1CK ROAD IRS OR 15.00' (30' PRESCRIPTIVE R11t) t500� TO INTX. U.S. RTE. II LEGEND: 0 Ic"? 0 .c IRF = IRON REBAR FOUND IRS = IRON REBAR SET SCtiF I' = 200' NOTES: 1. NO TITLE REPORT FURNISHED. EASEMENTS OTHER THAN SHOIWI A'1) L AIS I. 2. NO PORTION OF THIS PROPERTY LIES WITHIN THE 100 YEAR FLOOP [''tNf AS SH0111! ON F.LR.M. PANEL /510063-0115-B, DATED JULY ►7, 1978. PLAT SI+OII'IKC AREAS TO BE RF70,VED e TAX PARCEL # 64B-((A))-38 - 12.6607 ACRES STANDING IN THE A'AA+E Of' A.P.R. A11N1-STORACE, L.L.C. SIIAI'RIEE MAGISTERIAL DISTRICT. FF.EUETII.1: I,OUNTY, ,VOINIA DATE: MARCH 1. 2004 SCALE: I" - ;0') 10.Ep: 03-006 Foltz Land Surveying, Inc. P.D. ea. 23 Stephens city. Kfo n a 22655 4,0 nc�we /: 540-323-1497 ro. 1: 540-869-2963 1 erno%I To71t4.:svaRnl cc- I',W 9of16 Exhibit H2 - Boundary Survey u/ Rezoning Acreage I?czonujg Impact AL)al}'sis Statement Pa,. rllD M 6413-((r11)-3,4 WE 9 WINCHESTER mG MUNICIPAL AIRPORT ZONE A D 0 O 0 Page 10 of 16 Exhibit N3 - Flood Map RezoningLnpactArmljaisSbtrinrnt Parrrlll)N1i413-((,7)1 ?,4 JC. _ w _ tj r''�• 3Ct• 36 3B 3C S Li d .16 4 ec" u:r . ',• • 1'Car' ealicy r,C�s•V 1E �' _41C bylf b r rr .� �ub •,y ., 41 5 /. ID 9 B 36 1D. Page II of] 6 Exhibit H4 - Soils Mal) Re—nitW Lnp-t Attal)-s Statement Parrrl ID a 64B-((A)).38 Page IY of 16 Exhibit H5 - FCSA Water & Sewer Map OUTPUT MODULE APPLICANT: FOLTZ Net Fleul Impact LAND USE iYPEBt, 92 Costs of Impact Credit Cmdits to to Takr Total Palentiat Adjustment For REAL EST VAL 510,22T,805 Required (entered to Cur. Budget Cur. Budget Cap. Future CIP7 Tax Credits Reverwe- Neill Capital 'Set Cost Per FIRE & RESCUE 8 r;ag(jalLFZaLft cod sum only) Opel' Coo EauiR EXDSW�11� TM=- Other a wf tadl C=1 Bafar,� {iclfklae Imaac: O'kgiling unit Fire and Rim cue Department $118,573 s0 3D $118,573 ERR Elementary Schools S0 — — Middle Schools So so $0 s0 $O s0 ERR High Schools SO — — PaASand Recn?a9m SD Sa SD 30 3D ERR Public Library SO U S0 jD SD ERR Sherifrs Oirices SO S9,711 $0 $ol 59,71 f $9,T11 SU ERR Administration Building $0 s0 $0 st) Sa ERR Other Mlscellarwxxn Faciliies 30 $23.284 525,703" s48,991 $48,991 $0 ERR SUBTOTAL $116,573 332,995 I26,7D7 SO $58.702 558.702 599,871 ERR LESS: NET fISCAL IMPACT $11,411,542 $11,411,542 $11,411,542 S13 41 E NET CAP, FACILITIES IMPACT I %E EPRI INDEX: "1.0' If Cap. Equip hduded 1.0 INDEX '1.0' if Rev -Cost Rai, "0.0" it Ratio M Co Avg: 0.0 Rri-Cost Sal = 1.000 PLANNlNt7 DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342 METFiCCOLOGY 1. Capital Faculties requirements are input to he first column as calculated in the rnodul. 2. Net Fiscal InVact NPV from operapons calculations is Input In row total of second column (Zero rf negadvel: included are the an&4 me taxasAew for one year only at hill value. 3. NPV of flrll oper cap equip is)= paid in third column as calculated in fiscal Impacts. 4. NPV ol future capital expands lure taxes paid In fourth col as calculated I n fiscal impoct3. S_ NPV of future hums paid to bring curvan, county up to standard for new facilffm. as calculated for each new facility. e. Columns three through Ile are added as potential credits against the calculated capital facilltlas requlrtsments. These are ad)us fed fox percam ol costs coveted by the revenues from the praW-t (actual, or as rada to avg. im air residential development). NOTE: Proffer calculations do not include include Interest because Ihey are cash payments upfront Credits do include irrtnraat 1 the projects are debt h nenced. NOTES: Model Run Data 09(06W ASK Profecl Desedpaicrc Assumes 240,320 sq.ft re ad on a55 acres zoned 81 patriot and 10.11 acros zoned 82 Distllct. Due to changing conditions associated with deve(opmant in the Coarty, the results of this Output Module may not be valid beyond a period of 90 days from the model run data. 2D0 MODEL Ns N 7563-5316 EBY/cmj THIS DEED, made and dated this 271 day of June, 2003 by and between RICILARD I_.. NICHOLSON, JR., hereinafter called the Grantor, and A,PA MINI-NJ'QRAGE, L L," Q Virginia Limited Liability Company, hereinafter called the Grantee and LEONA M. NICHOLSON by her Attorney -in -Fact Richard L. Nicholson, Jr., party of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with the improvements thereon, ro lying and being situate in Shawnee District, Frederick County, Virginia about one Ei w and one-half (1 1/z) miles Southeast from Winchester, oil the North side of the 14 n " Bufflick Road a short distance East from the Winchester and Front Royal Turnpike, containing fourteen (14) acres, more or less. AND BEING the same property conveyed to Richard L, Nicholson, Jr., by deed from Leona M. Q Nicholson dated October 3, 2001 of record in the aforesaid Clerk's Office as co W H Instrument Number 010013568. Reference is hereby made to the aforesaid pG U) instruments and the references contained therein for a further and more particular description of the property conveyed herein. z This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. z The Grantor does hereby covenant that he has the right to convey to the Grantee; that the A .K4 a Grantee shall have quiet and peaceable possession of the said property, free from all liens and Nencumbrances; and be. will grant such further assurances of title as may be requisite. 1 EA c7 1 # 7 co The party of the third part joins in the execution of this conveyance to relinquish her life estate in the subject property, WITNESS the following signature and seal: - V (SEAL) RICIMRD L. NICHOLSON, JR. 14, 'LEONA M .NICHOLSON, by her Attorney -in -Fact Richard L. Nicholson, r. STATE OF VIRGINIA 001�?dy COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Richard L, Nicholson, R., whose name is signed to the foregoing Deed, dated this 27' day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27'A day of June, 2003. My commission expires 12/31104. Notary Irublic Fr 0 0 i •�Q ��R?'. . ..•L �' t 1 g 1. t C. � 2 ,4 STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: 1, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Leona M. Nicholson, by her Attorney -in -Fact Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27te day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27' day of June, 2003. My commission expires 12/31/04. Notary P61ic Tb: tr,wu—,ty wt. pcepmd sy: EO*in B_ Yoc Kuyten"A )o6oaoq Mckce At Bud",?J-c 112 South ctmeron Su"I Wlachrnct, VuO d+ 22601 (540) 662 5/66 C.\NPDOC8\Dv*d9\eprministocaye. fae.vpd 3 ..... r Q' CID AFFIDAVIT Q 1 (Pursuant to Section 11-9.2 of the Code of Virginia) STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: This day personally appeared before me the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, Richard L. Nicholson, Jr., (the "Affiant"), who, after being fiist duly sworn, deposed and said as follows: 1. That the Affiant is Attorney -in -Fact for Leona Murray Nicholson under Power of Attorney dated October 3, 2001. 2. That at the time of executing and delivering the deed dated June 27, 2003 to A.P.R. Mini -Storage, L.L.C., the Affiant has not received actual knowledge or actual notice of the revocation of termination of said Power of Attorney by death, disability or otherwise, or notice of any facts indicating same. 3. That the property is one and the same as that parcel known as 171 Bufflick Road, containing 14 acres, more or less in Shawnee District, Frederick County, Virginia. Executed upon oath this 27'" day of J e, 3. �6(SEAL) CIiARD L NICHOLSON, JR., Attofact for Leona Murray Nicholson Subscribed and sworn to before me this 27"' day of June, 2003. My commission expires 12/31/04 Notary u VIRGINIA: FREDERICK COUNTY, SCY. lids instrument of writing was pro��du%%c�e��d to me on id with certificate of acknowledgement thereto anncxc( e, Q Y. is admitted to record. Tax imposed by Sec. 58.1-802 of 4 0 • t`-" 'S 'O� . and 58.1-801 have b6en paid, If asable , p U 0 sess �.0 A';704t' , Clerk OF Rezoning Impact Analysis Statement Eurel11) // 64B-((AJJ-38 T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00241790001 -@W FREDERICK COUNTY Date 5/07/2003 C. WILLIAM ORNDOFF, JR Register: BHH/LM P.O. BOX 225 Trans. #: 13893 Dept a RE200301 WINCHESTER VA 22604-0225 ACCT4 20327 2003 REAL ESTATE TAXES Previous 14.00 ACRES 64B A 38 Balance $ 189.80 Acres: 14.00 THE Principal Being Paid t 189.80 Land: 79000 Imp: 50700 Penalty t •00 Interest $ •00 NICHOLSON, RICHARD L JR Amount Paid * 189-80 *Balance Due 171 BUFFLICK RD as of 5/07/2003$ •00 WINCHESTER, VA 22602 4546 Check 189.90 n 10 523 Pd by NICHOLSON, RICHARD L JR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) Page 15of16 Exhibit 118 - Current Tax Statement Prober Statement Rezoning Request Proffer Property Idenhfica6on Number 64-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development The undersigned, wllo owns lire above described prol)CIV, hereby voluntarily proffers that if the Board of Supervisors for die County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the lord, side of I3ufflick Road in the Shawnee Magisterial District of Frederick CounLy, Virginia, front RA to I3-1 and I3-2, (lie undersigned Ivlll 1xv to Frederick County for the Millwood Fire and Rescue Company the suer of $3,000 at the tiu,c the first building pentit is issued. The undersigned Ilereby prollers to prepare a (rallic impact analysis (TIA) for- the 12.6607-acre site meeting all requirements of the Virginia Dcpaitnient of Transportation, should [lie initial site plan provide fora land use, with traffic generation projections exceeding 600 VPll llfat utilizes the Bufllick Road, Route 776. A new TIA will identify MIProvenlerrts to the road system that will be installed by the Develolx;r (luring (he initial site development phase or at such a tine as de(crrrlined by VDOT. The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B-1 zoning with a double row of white pine trees, size and spacing to be consisterIL will, Frederick Count}. Zoning code requirerl,ents for Mini -storage, a 50' buficr along the rear of the prolxtrty, and that all improvements will generally be consistent with those shown oil the attached preliminary sketch plan (laced April 9, 2004. The conditions proffered above shall be binding ulx�n the heirs, executors, adnunlstrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board ol-Supenisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirerllents set forth iu life Frederick County Code. Submitted By: PROPLR`1'Y OWNER: A.P.R. Mini Storage, L.L.C. l BY: -- -- ----- �--------- Da(c: L -- -- STATE OF VIRGINIA, AT LARGI? COUNTY OF FRED) RICK, To Wit: The f regoing instrllitent was acknowledge(1 before life this 1 day of t_ 2001, by --- ----�r,,,-y---------- ------ My commission expires Notary Public ,A� A - Pa4c Ili o/'l6 SHENANDOAH VALLEY NATIONAL BANK 5677 NEGLEY CONSTRUCTION, INC. WINCHESTER, VIRGINIA 127 MERCEDES COURT WINCHESTER, VA 22603 68-895/514 (540)665-2792 ' 0 s Memo: Rezoning Pam✓ iD x 6y"�(iQy-3P g PAY One Thousand Six Hundred Eighty -Three and 04/100 Dollars 3 DATE AMOUNT Mar 24, 2004 ***$1, 683.04 v TO THE v ORDER Treasurer of Frederick County OF t I II900567711' 1:05 L40895 21: SO-0404111911' 8 �J A. P. R. MINI -STORAGE, LLC REZONING #]0-04 REVISED PROFFERS AND 0 COMMENT SHEETS Proffer Statement RECF^ • Rezoning Request Proffer JUL 2 8 2004 Property Identification Number 64B-((A))-38 f FREDERCKCOUNTY Shawnee Magisterial District �LAIJNIN�$D�VELoPMENT • • Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of the Certificate of Occupancy for the use specified in the initial site plan, the Property Owner shall conduct a periodic actual count of vehicle trips per day from the property. If said counts reveal that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B-1 zoning with a double row of white pine trees, size and spacing to be consistent with Frederick County Zoning code requirements for mini -storage and that all initial improvements will generally be consistent with those shown on the attached preliminary sketch plan dated April 9, 2004. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. By: �� Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this -#day of SU6, 2004, by Pouxl N e i s My commission expires ' k / 1 p'? NotaryPublic _. jju" a, aRE E6 E JUL 2 S 2004 FREDERICK Wuiti -' L-ANN rr a €E.EtopLjE_NT • is 0 July 15, 2004 9.20 PM Darren & Pam Foltz 540-868-2963 p.02 • C] om Virginia Department of Trsnsportation nliUlli Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pikc Edinburg, Virginia 22824 (540) 984-5600 )land dfliver to,. - Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 A �Xicant; Please fill;out the information as accurately as possible in order to assist the Virginia peptlrfsr>letlt,60T.rowportadon with their r�yiew. Attach three Cppies oSpbur application farm, locatio>d snap, proffer statement, impact anaEysisl #_4 II1k1]x.•othe pertinent information.#; Applicant's Name: A t P Q {Y\ `n . - StZsM (F_ , LLB Telephone: 2 r7 !� 2- Mailing Address: Location of S,c e- L)t F���x}t' tlrlL ab j property: Current zoning: (? Q Zoning requested: - �� Acreage: Z• 5�4 I Vic, / Virginia Department of Transportation Comments: the VDOT roadway whlcn nas peen considered as the access to the property reffemnced. VDOT Is satisfied that the transportation proffers offered In the APR Mini Storage, LLC rezoning application dated April 9, 2004 addresses transportation concerns assodated --with 46r.-FeQuest- Before development, this office will require a complete set of construction plans detailing entrance designs, drainage teatures, and -W. VD01 reserves Werg o commen on a right-of-way needs, including right-of-way dedications, traffic signalization, and off -site roadway Improvements and drainage. Any work performed cn the statE's right-of-way must be covered under a land use permlt. This permit Is Issued by this office and VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant Tit Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia im— u,¢,J.:�" J+ •. . ,: .. :a. - ApgLcanh )�easei,,fillYoti�lhe information as accurately as possible in order to assist ent of li c� � thaheir revie Atfach a -1 . yo. .applicahon formal ? e lgYcation&inaP, p offe ,statement,' mpact analysis, and any other pertinent information Applicant's Name: A. n L-LL= Telephone: (n „t 5 - 2-14 Z Mailing Address: Q-1 NNe.rU,") S (10 t k r + Location of property: N04 Current zoning: Zoning requested: 17 -11 6 • • Acreage: 2. 54`7 3 Ac-. / 1 o. t i 34 Ac. Department of Public Work's Comments: Public Works Signature & Date: C`,� ti 7/� / C Not ce t - ept Of Public, Works Please_Return This Form to the.Applicant 21 is Winchester Airport • 9w4c. ME KP OF VIRsINIA i June 21, 2004 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662•'W2 Eric Lawrence, Director Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: APR Mini -Storage Rezoning Dear Mr. Lawr FILE COPY IAIIr, 2 2004 IICK COUNTY & DEWLOPM This letter is in response to your question as to the Airport Authority's intentions regarding a parcel of land owned by A.P.R. Mini -Storage, LLC. The parcel of land owned by A.P.R. includes approximately 5.40 acres identified in the Airport Authority's Twenty -Year Master Development Plan for acquisition. This 5.40 acres lies within the airport's approach surface and in accordance with the Federal Aviation Administration regulations needs to be acquired fee simple. This property does not have to be rezoned for the landowner to receive commercial value. In accordance with public, law, when an airport acquires property, they must have an appraisal along with a review appraisal conducted to determine the fair market value, which would include best use. Frederick County's Comprehensive Plan identifies the best use for this land for future development as Business/Office. This designation along with other variables will be used to determine a fair market value. The exact amount of property intended for purchase will be determined by a survey that we will have done in order to ensure that the landowner is not left with an uneconomic remnant. We could actually acquire a little more or less than the 5.40 acres. The survey, appraisals and any environmental studies will begin within the next couple of weeks on three parcels including this one. We have begun the process for acquisition of three parcels on Bufflick Road and this parcel is included. If the landowner is willing to sell right now, we encourage him to present us an asking price in order to speed up the negotiation/acquisition process. I hope this answers your questions however, if you have additional questions or need further details, please do not hesitate to contact me. Thank you for your continued support and assistance. Sincerely, Serena R. Manuel Executive Director Winchester Airport 5406622996 08/02/04 12:22pm P. 002 �:CR'Nrl THE Trp C'* VK-INIA June 21 2004 WINO JESTER REGIONAL AIRPORT A.P.R. Mini -Storage, LLC 127 Mercedes Court Winchester, Virginia 22603 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (FAO) 662,2422 F1 Re: Lan. d Acquisition — 17' it ff!ick Road Winchester Regional Airport Property Map -- Parcel 53 To Whom It May Concern: E C E I Alin, 2 2004 J COUNTY In the past, the Winchester Regional Airport Authority informed property owners along Bufflick Road that the Airport Authority would at some point in time, begin plans to purchase their property. We are purchasing the properties in order to comply with the federal requirements for noise impact, as outlined in the 1993 Airport Master Plan for Noise as outlined in the 1993 Airport Master Plan for Noise Compatibility. Your property is one of three currently assigned for acquisition proceedings to be started within the next several weeks. I have enclosed a list of business that may be contacting you on behalf of the Airport AL.Ithority. In accordance with the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970, the Airport Authority is responsible for performing appraisals, surveys and in some cases environmental inspections prior to making an offer to purchase. In order to do this, personnel with these companies must have access to your property. An experienced property acquisition professional will be handling the acquisition process and will arrange meetings with you to answer questions and assist you_ l have Enclosed a booklet published by the Federal Aviation Administration that provides a brief guide to the acquisition process. However if you have; any questions or concerns you can also contact me directly at any time at (540) 662-5786. You havo been valuable neighbor and friend and I want to assure you that we ::!!! c'o everything within our means to make this acquisition process a smooth transition. Thank you for your continued support and cooperation. Sincerely, ilr -�Iy)oMkca Serena R. Manuel Executive Director Enclosure Cc- John Longnaker, Delta Airport Consultants w/o enclosure Joe Delia, FAA/VVADO w/o enclosure • Tony Cox, DOAV w/o enclosure Mark K. Flynn, Legal Counsel, WRAA w/o enclosure Winchester Airport 54066ZZ936 12:22pm • 0 Ij\�� SFk�MG IHf :► \ 1<� OF VIilG1MA � WINCHESTER REGIONAL AIRPORI ebruary 19, 2004 A.P.R. Mini- Storage, LLC 127 Mercedes Court Winchester. Virginia 22603 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540)662-2422 Re: Rezoning Comments Parcel 1D # 64B-((A))-38 — 12.6607 Acres Rezoning Requested B-1/B-2 Shawnee Magisterial District Dear Mr. Foltz: The parcel of land you are requesting a rezoning for includes a section of approximately 5.40 acres adjacent to existing airport property identified by the Winchester Regional Airport Authority for fee simple acquisition. ERICK A n --.COUNTY -- I have enclosed a copy of the Airport Property Map that shows the section of the parcel needed for acquisition identified on our map as parcel 53, owned by Nicholson. This parcel of land along with several other parcels, has been programmed in the Airport's Twenty Year Master Plan, Frederick County's Comprehensive Plan, Frederick County's Capital Improvement Plan and the Five -Year Plan for the Virginia Department of Aviation and the Federal Aviation Administration. Residents living along.the northern side of Buff lick Road that have property identified for acquisition on the Airport's Master Plan were immediately notified upon completion of the Master Plan Update in 1993. They each received a copy of an estimated timetable outlining when acquisition proceedings would proceed. Funding for the preliminary work (surveys, appraisals, environmental assessments, etc.) to acquire three pieces of property including this parcel is in the current budget and is in progress. Funding for the acquisition of sand is in the Airport's budget for FY 2005 that begins July 1Jt of this year, For several years, development requiring land acquisition at the Winchester Regional Airport has focused on the Runway 32 (southwest) end. Now that those land projects are complete, the Airport is actively working on acquiring several parcels on the Runway 14 (northeast) which includes the above referenced parcel. Land acquisition is necessary because many of the identified parcels are located within the Airport's FAR Pala 77 primary surface and/or approach surface. Winchester Airport 54066Z2936 08/02/04 1Z:22pm P. 004 Under the Federal Aviation Administration's Part 77 Surface Requirements, the Airport is required to own fee simple property within the Primary Surface. This requirement is also include in the Code of Virginia 15.2. The five plus acres designated for acquisition lies within the airport's runway protection zone (RPZ) as outlined on the enclosed map. I am available at any time to meet with you or the landowners to work Out a solution that would be beneficial to them. However, I am unable to support the rezoning request for the entire 12 plus acre parcel. 4n behalf of the Winchester Regional Airport Authority, we discourage a rezoning that would allow for development on the identified five -acre site. Please do not hesitate to contact me to discuss this issue or if you have questions at (540) 662-5786. Thank you for your support and I look forward to working with you on this matter. Sincerely, Serena R. Manuel Executive Director Cc- Charles L. Wilmot, Jr., Chairman, WRAA Eric Lawrence, Director, Frederick County Planning Mark K. Flynn, Legal Counsel, WRAA w/o encl w/o encl w/o encl • • 0 ------------------------- ------------ ---------- --------------- 64B A 33A BEAVER 64B A 38 A 33 A.P.R. MINI STORAGE, LLC 1 22 ---------------------- ----------- -------------------- -- ----- -------- WINCATIA REGIONAL AIRPORT WINCH(VITA RPGIC AIRPORT 64B A 40 ROSENBERGER REZ # 10 - 04 A.P.R. Mini - Storage, LLC (64B - A - 38) � 21 - "x x \ > B2cr i 64B A 33A BEAVER WINCHESTER REGIONAL AIRPORT 64B A 36 /413 A 33 A.P.R. MINI STORAGE, LLC ' 68EAVER7 "�'+K WINCHERER REGIC ��P„mot AIRPORT i / 64B A 40 4q� �ocb ROSENBERGER ----------- m �FPPPQ. P Oo A- oy .40 RP 02 i-------------- ; loQ� , -------------------- REZ # 10 - 04 A.P.R. Mini - Storage, LLC (64B - A - 38) REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff.' Fee Amount Paid $ Zoning Amendment Number Date Received PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: nn Name: I� • 1 t�(" �1�+Vj = L L Telephone: Address: 1 27 I-1 (_ R C--r�— Dt=.5 CT- t L�5 rSE-g- 1. 2 co v 3 2. Property Owner (if different than above) Name: \ Telephone: Address: 3. Contact person if other than above 27 9 Name: �/�-1` 12 h1 �v t- i z-- Telephone: 4. Checklist: Check the following items that have been included with this application. Location map ✓ Agency Comments Plat ✓ Fees Deed to property ✓ Impact Analysis Statement ✓ Verification of taxes paid ✓ Proffer Statement 0 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Le 6. A) Current Use of the Property: V Ac A mT — A&, pZ 6 O LTV0'A L B) Proposed Use of the Property: G-).JFR.AL Orr ICE J µ i'�J i 7. Adjoining Property: PARCEL ID NUMBER USE ZONING `t 13 -((A)) - '33 (v �t (3 J' A )) 33 pt �0 4 (3 _ ff #, )) to 4 13 - ff AD - -t O 6 P? -a A)) - LN 6, y _ ff A)) - 0B 2�-SiD�.Nrit�L ff-S i DENi)AL A- i (L PC) 0'TT r-> r-1AL R-� .R=2i 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): N���rH S tic Ot= Q-FE -7 7k,- A Cock-)5CK) 0 12 0 Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Magisterial: _ Fire Service: Rescue Service: 51t-A-w rJ C­C.- Districts 046 — f:h)) —38 High School: L Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current ZoningZoningRe nested F,A- B-Z Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: 12MUMMI •_. • Single Family homes: Townhome: Multi -Family: Non -Residential Lots: Mobile Home: Hotel Rooms: Sauare Footage of Proposed Uses Office: 33' Service Station: Retail: Manufacturing: Restaurant: Warehouse:3Z- Other: 0 13 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s) 0 0 14 Date: -4 &10 q Date: Date: Date: I, co q �G� Gti� Special Limited Power of Attorney • County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.tts irx Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone S40-66S-5651 Facsimile 540-66S-6395 Know All Men By Those Present: That I (We) I j (Name) �GCe� f i�;r�(j j,, (Phone) 6/6,S 9-79 2 (Address) �'J /y��v� !� 5 �� (,li�`oia,-a V,4 -L 2,-G3 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 0'3 o , and is described as Parcel: n do hereby make, constitute and appoint: (Name) H 22 E>� S . � f--TZ Li r-5 - (( A)) -- 3 8 (Phone) .5 �Lo — 3 2 3 -- 14q % • (Address) 0. &o jC �2_3 STeP �_ S :!DJ VA- ZZ% 5S_ To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described j Property, including: ©"' Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan fvty attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: I I This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this iZ day of �200_�L, Signature(s) State of Virginia, City/County of ,..;AxdZn t�1 , To -wit: I, /7/�v� �pn�4 a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally app ared before me and has acknowledged tlle same before me in the jurisdiction aforesaid this _&day of, 200-. My Commission Expires: Notary Public U.\Ocv\Special l.inikd POA wpd • Rezoning Comments Frederick -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia } c� �Zo S�n� ��� Applicant's Name: �j Telephone: _ Mailing Address: Z3 C— \ T Location of property: -a-) 1= C_1c-- Current zoning: �EkZoning requested: 0- le,—z- Acreage: 12 - (0 � Frederick-Winche ter ealth D partment's Comments: c71i e--, l o P —Zo/ Health Dept. Signature & Date: Noicc fa Hea fh%?arimen , Please Return _This°Form to'the Applicant Iw 26 November 3, 2003 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, Virginia 22655 RE: Rezoning for Parcel #64-((A)) - 38 - A.P.R. Mini -Storage, LLC Frederick County, Virginia • Dear Darren: • COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed rezoning request for Parcel #64B-((A))- 38 and offer the following comments: 1) Refer to Item C. Traffic: We concur with your conclusion that the proposed development will "have a significant impact on traffic along Route 776 Bufflick Road." We also agree that improvements to Bufflick Road will be required prior to or concurrent with the development of the subject property. However, the impact analysis does not specifically indicate who will fund and implement these mpro`.ements. This issue Shall be addressed and reso!v d prior to apn-v -roving the r proposed rezoning. We might add that the enclosed proffer statement did not specifically address any road improvements. 2) Refer to Item F. Drainage: The impact analysis indicates that stormwater management will be required if this parcel is developed. We concur with this statement and would add that stormwater/drainage easements may be required if detention ponds are installed to create point source discharge conditions. 3) Proffer Statement: The proffer statement form included with our review package was incomplete. Provide a completed form after addressing the above comments. 107 North Kent Sheet • Winchester, Virginia 22601-5000 • A.P.R. Mini -Storage, LLC Page 2 November 3, 2003 I can be reached at 665-5643 if you should have any questions regarding the above continents. Sincerely, Harvey . Strawsnyder, Jr., P.E. Dircr..tor of.'ublic We -irks I-IES/rls cc: Patrick Davenport, Frederick County Planning and Development file C: C. i =IV VDOT - Edinburg RQFAid©Hlay oc;r zoo, A dl �a5�c , n Comments 'n •.`: 3 %�°"i :;S.Y! ::� ::.��.'%F. byii::•, L ., i'0r•t"f i . n:2 .5:�-`... Y.•.;. .. . - .: Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 ..:...... .::..i.:......:::.:.:.: Applicant; Peasei .0;. t the information as accurately as p>jssible in order. td`assist tlio Virg>a :Department of Transportation.witli their review. AtEael� three.copies of.your application form; location .map, proifer.statement; impact.anatysis aiid.aniy:.otlier; ertinent �nforiiaation� Applicant's Name: U Q. Slyyj Ce � U_L.� Telephone: (A /0 5 — 2 `7 q Z Mailing Address: tZri Ike--Ict & S VA Z-ZCn r7 •Location of property: cr4A') e 0566 Current zoning: Zoning requested: 6-1 Acreage: Z. 413 Ac• / - 10 - I I -A,4 Ac- Virginia Department of Transportation Comments: See attached comments from VDOT dated November 6, 2003. VDOT Signature & Date: 11/06/03 Notice to VDOT - Please Return Form to Applicant 0 20 1 COMMONWEALTH of VIRGINIA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 VDOT Comments to A.P.R. Mini -Storage, LLC Rezoning November 6, 2003 JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The documentation within the application to rezone this property appears to have a measurable impact on Route 776. Route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the rezoning application dated August 1, 2003 addresses transportation concerns associated with this request. Actually, there appears to be no transportation proffers whatsoever in this rezoning package. There is some mention of improvements being addressed during the site plan process on Page 6 of 16. However, this does not address any specific requirements that will be necessary. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. 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. Thank you for allowing us the opportunity to comment. Ben H. Lineberry, Jr., P. Transportation Assistant BHL/rf Attachment • dent Engineer VirginiaDOT.org WE KEEP VIRGINIA MOVING is COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 27, 2003 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, Virginia 22655 RE: Request for Historic Resources Advisory Board (HRAB) Comments A.P.R. Mini -Storage, L.L.C. Rezoning Application Property Identification Number- (PIN): 6413-A-38 Dear Darren: Upon review of the proposed Rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the Rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. Also, there are no identified battlefield resources that this proposal would impact. Thant: you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Rebecca Ragsdale Planner I RAR/kac cc: Bessie Solenberger. HRAB Chairman 107 North Kent Street • Winchester, Virginia 22601-5000 0 Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: Address & Phone o Gcx 230 3-7� cZ✓�GC) Applicant —.,.Please fil ;o_ ut the ! if rmatiori as accurately as possible in order to assist the i Fire and Rescue Squad vitith._their review.. Attach a copy of your application form, location map, proffer statement;_itapact analysis, and any other pertinent information.. Applicant's Name: Telephone: b (o5— Z-'1 Iq2 Mailing Address: 2'1 OezC, d-t 5 Loc_ationofproperty: lJoc <)A& of t'1nJe_ !'76 abu-t,} Jdp -! �e+ J �1 n�e�rS�e�,�� t� 572 Current zoning: (LA Zoning requested: _ 6­1 / V9--)--7 Acreage: Z" q 3 A-c . I r, I 1 mil, 4,- Fire and Rescue Company's Comments: Jf�G, Fire & Rescue CompanyUZ�IW2 Signature & Date: Notice to Fire & Rescue Company - Please Return This Form to the Applicant 0 32 RECEIVED OCT 1 0 Rezoning Comments Frederick County Fire Marshal Mail Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 Nand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia .-iiiZit . . _ can - accurate bmm br'dei_to, a. ith hts �AY{nacIx y y of:yQar app oriLf0 � ��---Y;.t �-:}`4 :�1.��•=.i 1; ,- - %capon. ro er emeni�unpacTanalTys s, and:anp other pertinen�informatio��'' Applicant's Name: N P h I� r. ' S�zNC���, �-LL' Telephone: Ln to 5 Mailing Address: l Zri(CLC� S th • Location of property: tJ �� S �� two u 9 6 (3 L7cf>, Qe -} 6( �Yu + r 1 �t: 4­ �-a (' h atil 6)1 V1 i 10 LA4" 22. Current zoning: Zoning requested: 61 Acreage: 2. 5 9 '13 AC C. / to. 1139 Ac- Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice 1Pire,Marshal = Please Returni This Form to the Applicant • 22 • Control number RZ03-0012 Project Name A.P.R. Mini -Storage Address 127 Mercedes Court Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed 10/10/2003 10/15/2003 Applicant A.P.R. Mini -Storage L.L.C. City State Zip Winchester VA 22603 Tax ID Number Date Revised Applicant Phone 540-665-2792 Fire District Rescue District 64B-A-38 21 21 Recommendations Automatic Fire Alarm System Yes Reqt irelIlei) tz' Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments Plan Approval Recommended Reviewed By Signature Yes• � - ' s — Timothy L Welsh �, Title-----r-.3 • - ?.. b tt i+ a � +. c� i` '=,�H. 11, FPIC- 5RiCK "E* "",ITY 0 0 Rezoning Comments IMMMUMOMWO01 Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia out the information as accura" as possible in .t order to assist the , i0h.0ir.review. Attach &'copy Of 11 Your 13Ption form, location .M. 'ma lier�fatement, i]Gnp2Ct analysis, and any other oertineiivffir6iiilation.�!>M Applicant's Name: ryln-, —34u.—ex V . LL-P_ Telephone: 29 Mailing Address: 12q "vLY-a&--,3 06-ull- v VA Z-Zbn3 Location of property: S-I le- q -71, a'kN+ 5e, 6 k�, z. Em -13 Ac. Current zoning: C, a Zoning requested: 6 Z Acreage: 1 D - 113 4 Ac, Sanitation Authority Comments: 6�. L Sanitation Authority Signature & Date: ,/`�� , 4���..�r /�'='Cj Uz� qi ifffiffit � Aid` FEE! =A 0 25 0 Rezoning Comments :JCi`N%JGWt.•hbti:n\Jhti?.CAJCfCA�%:�U%AS::.):.:5\•C`vv:: :-.Y.::: T:?i"S:?i}.: HAQPJ4JiM^>\t!'i]pttd'� . Frederick -Winchester Service Authority Mail to: Fred -Wine Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn-. Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant; Please fill out the information as accurately as possible in order to assist the Fred-Wiinc Service Authority with their review. Attach a copy of your application form, locatio map, proffer statement, impact analysis, and any other pertinent -information. Applicant's Name: t, L L C- Telephone: & 6 5 - Z r1 q 2- Mailing Address: 21 I YIF r C 5 0 Location of property: � e_U_ v � 11 b bcsvt� 56 U Q �_a,Sr 01 -tom SY, rS�r,.�,�,n jfi-j -h 96b_V 52Z . Current zoning: Zoning requested: ti---1 Acreage: 2.52/ 7 3 AC, I Fred -Wine Service Authority's Comments: +V) w mm Fred -Wine Service Signature & Date: - '�L to. I I �59 Kc . Fred-Winc Service Authority - Please Return Form to Applicant 34 • E 0 Ra Min Comnserb Wiacbcstet' Rogivtsal Alrporl R�.Ae1l�uclat Regional Airprxl Wins hr�Rrr.Re�ir►oal Airt+nrt Attu ExecutiveUir�olor Attu: 6xr+eutive Di»ctoi 491 Iwj t Ruad 491 A Irpurt Road wim bxww, Virwma 226U2 (Kt. 645, ottt ot'JU- i2L South) (540662-2422 Winchester. Vir`iniu App1 iciwva,Na uv: P. (n,l; - � wtlfgl L-LC 27J Z Mail Address: .1711 lNVe4-Q,&,s ('I"'r -4 A�22 g Loolk 'obofpropwy: _ Nor I-k-) u� v. 4 4�oH )C rl 6, tj 56O IcC 46 zostiUg: � Lonitt4 rcquestcd: Acreajt: Z. `,.A 13 /roc I Pi-2 IC+. 11 XA A, Wlaii �► A OMW Airport's Ceamavata: 1NiA Si=wttm Rc a Q M it a.0) �� a Da1P ...,Alrvutt-�%'gl��Ltt�1�!'I�tt�ao-w�p )o 7,0 WINCHESTER REGIONAL AinpoRT ,ut a401 AlnaoF#T n0A0 WINr'NI)RT04 viRckaN1A 2K02 `H plot se 2 2422 • (vary 19, 2004 A.P.R. Mini- Storage, LLC 127 MetuwjVw t;,uurt i hestar, Virginia 22603 Ao Rowing Comments Parcel ID 0 648- (A)).36 - 12,15607 Acres Ranxtitry Rsqueatttd 13-1/I}2 Shawn@* Magiisterlaj District Dea I Mr. Foltz: Th• P4krCQI of land you ■re requ*s1W g a rezoning for Includes a season of app Winc xtrnatety 5 40 noes adjaoernt to existing airport prooerty identified by the hesior R"lonal Airport Authortry for f#v simples acry tkition f'4 PaM14 or'►obo*d a copy of the Airport property Map that shows tfie a3Esuliutl ut ttw needed for bL-yuyltkm IdeniNied on our map as par+cal 53, ovrnad by Nicholson. Thin Ajrpc 3arcol of land a"V with wvefal other parcels, has been programmed in the Fred rt's Twenty Yawr Master Plan, Fredenok County's Compreheneive Plan, rick County'a Cap4QI Irnprovomcrrt Plan and the Flvs-Year rUn for the Virginia ►1m:M of Aviation end the Federal Aviwliurt /Wrtrf 4.v1ratlon. ROMIOMs Wng along the northern side of Bufflick Road that have property Idanthwi 10f Mquisition on *m Airporl':q Master Plan wore imrnodlets4y nottMed upon cornpumlon • of N, Matter Plan Update In 1991 They each received a copy of an ast"ted li bls outlining when acqulsftlon procvedkVs would pro ,eed. Fund np for the prelimin" work (surveys. appraisale, environmental assessments, etc.) 10 acquire them rinces of fxoporty including this parcel is in tho currvnt budget and is in progr"*. Funding for lhs soqumitfon of land io in the Airport's budget for FY 2005 that bt[;ina Juty 10 of thla ynar. For a A I rrn and G Rur1M is nec FAR CJ 'arsi years, devOlopment requiring land aoquisition at the WinchesMr Regional has focvsad on the Runway 32 (southwest) and. Now that thoea land projocto iplete, the Airport is activ*y wonting on acquiring soveral parcels on the f 14 (Iwrtlteasi) which Indudes thv above referenced parcel. Land acquIshlon scary because many of the Identified parcels are boated within the Airport's Irt 77 primary surface andlor approach surface. • rtdar Ow Federal Aviation AdministrMlon'a Part 77 Silrlrrvr Rpqlrhnmantia, ft Ai prxt syquked to own fee eimgfa property within the Primary Surfoco. Thin roquiromcnt to iru*p1le In tMq C rian of Vbjiii" 115.2 Ylw 1ivw Nlus surer Jwsipiated fur itlon nos within Cho airport's runway prvactan zone (RPZ) as outt.,a0 on the Closed rnap. • r1 L_J 1 RM available at any time to moo whh you or the landovmom to work out a oolution t wnukd bo h4nvf W to tfw►m HrwrAVMr, 1 Mrn uiruhlY LU yufJj/uit Uw rYtutirry for V)s onlim 12 Plus Wm parcel. Un b~ of the Wincneater ►teg"I ryart Authority, Wo discourage a rrzvninq that would allow for aevslvprnont on the Ic ntVIed Nw atm a*e. P 9H llu Ihlt I1H-jIMI4 lu uimlwl tivw to dlwucs Oils Issue or H you haw Questions at O) 662.57M. you for your support send 11crA fr)rwsrd In with ynil nn thla mfhr Vl y. A. Martuol w Dlrvalor Chr> NK L. WAmot. Jr„ Chairman, WRAA wlo end E►ic LAWr%nce, Olrector, Frodvrick County Planning w/o oncl Mark K. F'tynn, Logpl Counsol, WRAA w/o onol 0 0 0 11 4 r 11! Q Xj//• ��`�/, Ii'I�// :,jsC•11 .�h� tee �� a i • 5.. �� ��"��'`,I�,f�I�..,.J!;,��� yet:;; • •:� dy,. RT. 776 LW " =r x ? ati ,F �ntt�deo , AL70t�iLD or/6x ' Ac�+Xteat: /�tr,}kE� Aa /Aawm :'lam : Via: ANCH ER SPUDW Y, m r im ?NM Jar 425 l?S? AOIES FAAP 9-4I-RJ9--01 FAAP 9-4•-0JP-O! 2 LWWL L AWE60i t VOWI 1Y C. A7�JP Olf �WK l977 40 &u .7)09 AO16 FAAP 2--M-O3D-al J DAmu L x)IMIDP t OCWOWY fAMOKK CRfm7 J6 JAr 1975 447 7W 1.794 Aows 4279 AOMS FAAP 9-44-OM-01 s Ma MV F. .7006*s t Dowal JNQVS 24 AIR 1pp J57 IJI AOAP.76-1-5-61-0059�-0J u •fi.wr F..E7Mara t OQKfF J' Jl AUa 1029 V& 552 0.694 AOWS • • is Rezon'14 Impact Analysis Statement for Parcel ID # 64B-((A))-38 Shawnee Magisterial District Frederick County, Virginia August 1, 2003 Revised April 9, 2004 Prepared by Darren S. Foltz, L.S. Foltz Laiid Surveying P.O. Box 23 Stepliens City, VA 22G5.5 540-868--2963 Fax 540-323-1497' foltz@visuallink.cojn K-012ing Impact A jWysis Stud-n m Parcel ID {/ 64B-((..V)_ 38 • Table of Contents Introduction A. Suitability of Site B. Surrounding Properties C. Traffic D. Sewage Conveyance and Treatment E. Water Supply F. Drainage G. Solid Waste Disposal Facility H. Historical Site and Structure 1. Impact of Community Facilities I Other Impact Exhibit #1 - Boundary Survey Exhibit #2 - Boundary Survey w/ Rezoning Acreage Exhibit #3 - Flood Map Exhibit #4 - Soils Map Exhibit #5 - FCSA Water & Sewer Map Exhibit #6 - Frederick County Impact Model Exhibit #7 - Current Deed Exlibit #8 - Current Tax Statement Exlibit #9 - Proffers 0 Page 2 of16 3 3 4 5 6 6 7 7 7 7 7 8 9 10 11 12 13 14 15 16 ttezorung Impact Analysis Statement Introduction Pucel1D f/ 64B-((,V)_38 This parcel contains 12.6607 acres (see Exhibit 111) and is location on the north side of Route 776, Bulllick . Road about 500' east of the intersection with Route 522, Front Royal Pike. The parcel is currently zoned RA and it is the desire of the current owners to rezone die entire parcel, 2.5473 acres to B-1, neighborhood business district and 10.1134 acres to B-2, Business general district and (see Exhibit 112). The parcel is within the Urban Development Area as shown ur Coln, the 2000 Frederick County Co, -elrensive Policy Plan and is shown as an area of proposed business/office on the map of the Route 50 Fast conidor study. This parcel is located near die Route 50, Interstate 81 interchange and Route 522. It adjoins the Winchester Regional Airport which makes it a desirable location for commercial/business developmeiit. The location of neighborhood business district (B-1) along the existing Gontagc on Bulllick Road will allow for the transition from the existing uses of homes and small businesses on Bulllick Road to die business general district B-2 which will adjoin die Winchester Regional Airport. A. Suitability of the Site The parcel is well suited for cormrercial development The land slopes gently from wide hilltops to drainage swales and could be easily graded to maximize the corrunercial potential. • 100-year flood plains No portion of this property lies within the 100-3-ear flood zone as shown on F.I.R.M. Panel 11510063- 0115-B, dated July 17,1978 (see Exl)ibit#3). • Wetlands No wetlands have been identified on the parcel. Some portions of the drainage swales along the eastern boundary line are poorly drained due previous faun traffic and may show signs of wetlands. However • these are not natural and with minimal grading these conditions would cease to exist. • Steep slopes (over 5096) No areas of steep slopes have been identified on the parcel. Two small areas which may contain slopes over 15% are highlighted on die Soil Survey of Frederick County, Virginia, Map (see Exhibit 114). • Mature Woodlands Some mature trees are located along the north boundary line and around tine existing house. The site is generally considered to be without nnature woodlands. • Prime Agricultural Soils As shorn on the Soil Survey of Frederick County, Virginia, Map (see Exhibit HQ, the parcel contaius the following soil types: 3B Blanton Silt Loam 296-796 slope 41B Weikert Berks (cliannery silt loam) 296-7% 41C Welkert-Berks (cliannery silt loain) 796-15% 41D Weikert-Berks (cliannery silt loam) 15%-2596 The soils in these categories are generally shallow to moderately deep. Hard shale bedrock is found at a depth of 15" to 30" below the ground surface. There are no known critical areas on the parcel. 0 Page 3 of16 B. Surrounding ProperUics Parcel (/ Owner N<unes/Adch-css • AD,JOIIYLVG OI lAr.ERS 64B-((A))-33 Ralph L. Beaver& Kathleen 11. Bearer 135 Bulilick Road 64B-((A))-33A Beverley M. Beaver 1400 Opcquon Avcnuc 64B-((A))-33B Ralph L. Beaver & Kathleen 11. Beaver 135 Bu(llick Road 64B-((A))-39 Winchester Regional Aiilx)It 491 Airport Road 64B-((A))-40 Edna S. Rosenberger 223 Buf(lick Road 64B-((A))-41 James E. Wisecarver 203 Bulllick Road 64-((A))-88 Witicliester Regional Aiipoit Is 491 Airport Road • ACROSS BUITZICK ROAD 64B-((A))-61 William L. Copenhaver 210 Bufllick Road 6413'((A))-62 James E. Wisecar er 203 Bufllick Road 64B-((A))-63 John A. Pearson & Donna 1. Pearson 192 Bulllick Road 64B-((A))-64 John M. OnidorlT 399.Windsor Lane 64B-((A))-65 John M. Onidorff 399 Windsor Lane 64B-((A))-66 John M. OnidorfT 399 Windsor Lane 64B-((A))-67 William J. Frederick 160 Bulllick Road 0 Page 4 of 16 1',ucclID /J 6413-((,J1.38 Zone Use RA RA RA RA / Airport RA RA RA / Airport RA RA / Auction Warehouse RA RA RA RA RA FarccIID & 64B-((A)) 38 Parcel # Owner Naines/Adch-ess Zone se • A CR OSS B LIETTICK R OA D (CODtuiued) 64B-((A))-68 Lily M. Ashby RA 154 Bufflick Road 64B-((A))-69 Lily M. Ashby RA 154 Bufflick Road 64B-((A))-70 Milfordl Mathison RA 3920 Northwestern Pike 64B-((A))-71 Donald M. Bowen & Arlene C. Bowen RA / Body Shop 2535 I-Iockman Avenue All adjoining properties are identified in the 2000 Comprehensive Policy Plan for Frederick County, Virginia, as proposed Business/Office (as shown on the Route 50 East Corridor- Future Land Use Map). C. Traffic PRESENT The parcel is less than one mile from the intersection of Route 50 and Route 522. This intersection is near the Route 50 Interchange with Interstate Route 81 with its frontage on Route 776 Bufflick Road being 500' from the intersection with Route 522. Route 776 Bufflick Road is classified as a local road in the 2000 • County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. PAST Traffic Data From Vireinia Department of Transportation (2000) Route 522 Between Route 50 and Papermill Road 14,000 TPD (1999) Route 776 between Airport and Route 522 490 TPD (2000) Route 645 between Route 728 and Route 522 2,000 TPD FUTURE The Eastern Road Plan Map in the 2000 County Comprehensive Policy Plan (CPP) of Frederick County, Virginia, shows a new major collector road crossing Route 522 near the intersection of Route 776. This new major collector continues northeast from Route 522 passing near the northwest comer of this parcel and continues to a new intersection with Route 50. The future traffic impacts for this proposed commercial development have been estimated using the ITE Trip Generation Manual, Sixth Edition under the category of Mini -Warehouse for the B-2 portion of the Rezoning, and the category of General Office for the B-1 portion 0 Page 5 of 16 1Yezon14 Impact Analysis S2atarnent Based on the attached preliminary sketch plan, then; will be a maxinwm of: I arcellD // 64B-((-I))-38 LJ • • 20,000 square feet max potential building area of B-1 150,000 square feet max potential building area of B-2 Using the information from the ITE Manual B-1 20,000 x 11.01/1000 = 220 Average Vehicle trips Weekday 20,000 x 1.56/1000 = 31 Avenge Vehicle trips AM Peak Hr. 20,000 x 1.49/1000 = 30 Avenge Vehicle trips PM Peak I-Ir. 20,000 x 2.37/1000 = 47 Avenge Vehicle trips Saturday 20,000 x 0.98/1000 = 20 Avenge Vehicle trips Sunday B-2 150,000 x 2.50/1000 = 375 Avenge Vehicle trips Weekday 150,000 x 0.28/1000 = 42 Avenge Vehicle trips AM Peak Hr. 150,000 x 0.29/1000 = 44 Avenge Vehicle trips PM Peak I-Ir. 150,000 x 2.33/1000 = 345 Average Vehicle trips Saturday 150,000 x 1.78/1000 = 267 Avenge Vehicle trips Sunday The generation of 595 trips per day from 150,000 sq. ft. of mini warehouse and 20,000 sq. ft. ofgeneral office space would have a significant impact on traffic along Route 776 Bufllick Road. Improvement of road infrastructure upon development of this parcel would be necessary. Improvements will uiclude pavement widening and taper, commercial entrance to site, and right-of-way dedication as shown on attached sketch plan and must meet the requirements and approval of the Virginia Department of Transportation and Frederick County Zoning. Potential Impact from high traffic uses allowed in the B-2 zone: Average Vehicle Trips Weekday Lumber Store 150,000 x 40.67 / 1000 = 6100 Discount Superstore 150,000 x 46.96 / 1000 = 7044 Retail Center 150,000 x 39.71 / 1000 = 5956 D. S!j a Conveyance and Treatment Sewage from this parcel will be treated at the Opequon Water Reclamation Facility An 8" main is located tluough die north portion of the parcel and a 12" main is located along tire soudi and east boundary lines (see Exhibit H5). Sewage flows for mini warehouse site are dependent on if there is onsite management. The estimated amount for the 150,000 sq. ft. B-2 area is 500 GPD. The estimated amount for die 20,000 sq. ft. B-1 area is 6,000 GPD. Hence, a combined total of 6,500 GPD is estimated. E. Water Supply A 16' water main currently serves this site. Water is provided by F.C.S.A. Page 6 of 16 Palrc]ID N F. Drainage Three natural swales carry die runoff from this parcel. They eventually flow to Sulphur Spring Mill. • Storm water management will be required if dais parcel is developed. During the site plan process the storm water management will be designed as required by Frederick County code and approved by dx: Frederick County Public Works Department- G. Solid Waste Disposal Facility The Frederick County Landfill is the nearest solid waste facility. It is approxunately three miles northeast of dais parcel. The amount of solid waste generated by the developed parcel has a maximum potential estimated at 200 pounds per day. H. Historical Site and Structure There are no known historical sites or structures as listed on die Virginia Landmarks Register and the National Register. No major battlefield or foitifrca6orr/enh-enclimcnt exist on dais parcel as represented on die Civil Batdefields & Sites Map included ui die 2000 County Comprehensive Policy Plan (CPP) for Frederick County, Virginia. Impact of Community Facilities Education No impact expected Police Protection • Minimal impact (Provided by Frederick County Sheriff's Department) Fire & Rescue Protection Minimal impact (New Millwood Fire Stations is widiin two miles of this parcel) Parks & Recreation No impact expected Solid Waste Disposal Minimal nnpact J. Other Impact No oilier significant impacts expected. 0 Page 7of16 • • • _y•'•.•//qJ•••.,.�..0 .nnlcurqu Parcel ID M 6413•((�11J�?8 '{ 1. 1•.•1..I 4fr •�•' O S IfE / \ •�• .... (ems / d1 .r . (-� �I r,e `r f��jj rre� ..9,yI VICIIIIIY IAAP Sc k 2000. TAI 64 - ((A)) -88 IIINCIIES1ER REGIONAL AIRPORT AUTIIORIIY OB 42J PC JO OB 440 PG 837 J6" OAK OB 659 PG 175 TREE S 61 ' 11 '45 " E 552.92' IRF — Ex. 20" Ur#TIlr fSAlr.- OB 670 PC 504 r— IRF OFr11NE 2.411' 3 TM 64B-((A))-JJA lAI 64B-((A))-J9 MAR✓ORIE G. BEAVER INSTJOJ0000667 b b N �* TM 64B-((A))-J8 cq K o RICHARO L. NICHOLSON, JR. INST IO TOO I J568 2 12.6607 ACRES 1r,F IRF OFFUNE 0.20" FM 648-((A))-JJ TM 648-((A))-40 RALPH L. BEAVER & I ,`� EONA S. ROSENBERCER KATHLEEN H. BEAVER Ex 40' Ur>t11Y £sA+r. 06 28J PC 68 OB 406 PG J18 OB 670 PC 504 3 IRF OfnIN£ 1.49' I TM 6 4 8 - (()) A JJ8 RACPN L. BEAVER do EX. DUELLING IM 648-((A))-41 KATHLEEN H BEAVER JAAIES £{YISECARVER OB 404 PB 62J OB 240 PC 347 N 59'52 0J" W 5J6.00-I BRICK POST — € — _ — — -- — — — — f--- ® 17.06' RTE 776 - 6UFTUCK ROAD f500' TO INTX. (J0 PRESCRIP(1VE R/W) IRS a 15.00' U.S. RTE. 11 IRF =IRON R£BN? FOUND----�"' IRS = IRON REBAR SET SCA! f: I' = 200' NOTES. - I. NO TITLE REPORT FURNISHED. EASEAIENTS OILIER THAN SI1011N A1AY EXIST. 2. NO PORTION OF THIS PROPERTY LIES WITHIN T11C 100 YEAR FL000 ZONE AS SI1O{YN ON F.I.R.M. PANEL /51006J-0115-B, DATED DULY 17, 1976. BOUNDARY SURVEY PLAT TH pl D 12.6607 ACRES ! STANDING IN TINE NAAIE OF RICHARD L. NICHOLSON, JR. SHAWNEE MAGISTERIAL DISTRICT, rREOERICK COUNTY. VIRCINIA DARREN S. EO DATE: DUNE IT. 2003 SCALE: I- = 200' rILEJ: 03-006 Na.22s7 Foltz Land Surveying, Inc. SHEET �7Np -10� P.O. Box 23 StephensI SVRVE Phone 1: 540-32l97 Foxlf 540-868-296) OF em0: /oI120.;3volfmkcom I Page 8 of 16 Exhibit tll - Bounduy Survey Rczonirg Impact Analysis Sralcr7)cnr P'armIlU # 64B•((A)).38 • • • C 1 e, I SITE!j n ny I %icltOlr IAAr SCALE: I 2000 TA 64-1(n)117NCHfSrfR REGIONAL nxrorOrl AUHIORin CB 423 PC '0 06 440 PC 837 36" OAK 08 659 PC 175 \ TREE S 6I'll '45' E ISF 552.92• Ulnn) E541l. CR F,0 rC 504 IRF OFR INE 2. 48' z o TM 648-((A))-33A IAr 648-((A1J-.19 MARJORIE G. BEAVER N o INST./030000667 o TAf 64B-((A))-J8 y RICI LARD L. NICHOL SON, JR. INST.1010013568 12.6607 ACRES 1AF IRF OFFLINE 0.20' OF 64B-((A))-40 f-DW S. ROSfNPERGf.R TM 646-((A))-J3 ^ LAB 283 rG 68 RALPH L. BEAVER do 1CATHLffN H BEAVER — ti EX. 40' UrkITY ESAf7. 06 406 PG 318 B-2 10.1134 AC. , i�l 3 CB F.-0 rG 504 IRF OFFLAM£ 1.49'l\ S 61'4505' E 540.42' ti TM 64B-(( A))-JJB 8-1 2.5473 AC.' v 0 p IAI 648-((A,))-41 RALPH L. BEAVER & £X. DAEILING a I H JAWS E. 117SECARVER KATHLEEN H. BEAVER Ln OB 240 PC 347 OB 404 P8 623 N 59.52 03' IV 536.00'I _ BRICK POST- 9 1706 RTE. 776 r BUfTLICK R640 ) (30' FRESCRIPTAE vy IRS 19 15.00' 1500 • TO INTX. U.S. RTE. 11 (ECENO: 0 IM. 21b IRF = IRON REW FOUND IRS = IRON R£BAR SET ---- ---- SCALC: I. = 200' NOTES: ---- - - - _ __ I. NO TITLE REPORT FURNISHED. EASEMENTS 0111ER TIr•41i SHOWN A10 fm5l. 2. NO PORTION OF THIS PROPERTY LIES WITHIN TILE 1CO )CAR FLC!'0 Zoilf- AS SIfOIV! r7r F.1.R.M. PANEL 1510063-0115-8. 0ATE0 JULY 17. 1978. PLAT SHOWIAC AREAS TO OF. RF70XED TAX PARCEL Tf 64B-((A))-38 - 12.6607 ACRES STANDING IN THE A'AAfF OF A.P.R. MINI -STORAGE. L.L.C. SIIA77IEE MAGISTERIAL DISTRICT, FF.EOEPII✓V LOWITY, OPC61IA (91 DATE: MARCIi 1. 2004SCALE: 1" _ ,n�' fgEl: 03-0?6 FO[tz Land Surve in Inc. SIIEET P.O Po+ 23 Stephens Car, i' a^ro 22655 f P6cne 1: 540-323-1497 re. 1. 540-t)69-79P} Cm0 1(JII At .+SVJT i fl- I I'agr 9 of 16 exhibit #2 - Boim&uy Survey ti,./ Rezoning Acreage 1:21cr1ID a 6413-((,V),3g m J EA __J Page 10 of 16 WINCHESTER MUNICIPAL AIRPORT O n Exhibit N3 - Flood Map <.,..,.K..,q-LtwI-ITSis,>tucnjen! Paizc/1/) d � 113-((.g1h38 • ; ,� I7� 3Ct• 36 ,; � -`.' . \ ,• ''tea'' � 3C 3B i c ul 98 ea � 41C fi, .16 I3 B ` ., n. b, • [;7 �►e ri tic a. A• •?;'i„ :Gar ers Valley ' IC f ' f4 '". 1-2 313 17, ci 41 D.' le Page / / of 16 Lxliibit M4 - Soils Map PairclID a 6411-((A)) g8 • Pagr 12 of16 Exhibit #5 - FCSA Water & Sewer Map • • • OUTPUT MODULE APPLICANT: FOLTZ Net Fiscal Impact LAND USE TYPEB1, E12 REAL EST VAL $18,227,805 Costs of Requited (entered In Cur. Budget Cur. Budget Cep, O[edits to be Takr Future Total Petertttal Ad)jelmew For FIRE & RESCUE B QRMJMl FadRiise col sum ordy) Cgar(ao Eauilt EgAnd ljbj_a. CiP1 Tt+ ±+_ n1lbs Tax Criedlta tU Revenue- Net Capital ncrvstsdl cixiI �OCg FaellRiee Imoe� Fire and Rmwe Departmeni $118,573 Ele merrtary Schools S0 $11 SD $118.575 Middle Schools S0 S° — — 111gh 8chocis so so sa so Parks and Recreation S0 — Pt. 5C Library SO S0 S0 SO SD ShclfrsOffices $9 39,711 s0 SD SO Administration Building S0 59,711 S9,Tt1 S0 Other Mll"taruooua Faciliiw SO $23,284 525,70T S0 $0 S4t1991 S4E,991 SO SUBTOTAL $116,573 532,995 $2S,7D7 SO $58.702 LESS: NET FISCAL IMPACT $11,411,542 $11r411,542 NET CAP, FACiLinES IMPACT INDEX: "1.0^ 11 Cap. Equip Itnduded 1.0 INDEX '1.0' if Rav-COW Bal, 17.0' if Ratio to Co Avg: 0.0 Rri-Cast Bel PLANNING DEPT PREFERENCE$ 1.0 1.0 Rado to Go Avg = Net Cool Per LNmilina Unit ERR ERR e'RR ERR ERR ERR ERR 558,702 $59,871 ERR $1IAI1,542 411 ESE ---eppj 1.000 1.342 VETHODOLOGY 1. CaDIW tac?nies nequiremertts aro I" to 0% irat column as calculated in the model. 2. Net Fiscal I"Vact NPV from operations c2kutstion2 is Input In row loid of sacord column (2A10 if rtegat -1: I)duded are the an*4 me taxaslfeea for Otte year cn(y at full value. 3. NPV of hnxa oparcap eculp IMza1 paid in third oclumn as calculated in fiscal impede. A. NPV o1 fulura capital ex:xmdl tine lams paid In fourth col as c dculated In Racal impacts 5. NPV of futtre ums paid to bring cummt county up to slardartl far netw facilities. as Calculated for each row fad tfy, 8. Ccdtanns Ihnss through flu era added as "nllal cmd(ts against the calculated Capital facllltlss tequlfements. These aro adjusted for Percent of costa covered by the revenuos from the proiieci (actusi, or as redo to avg. tow air reeldenual deve(opment), NOTE. Prodfar talculauone do not include include Iw7tereat because Iftey are rash Payrnentz upfront Credlts do Include irrbernat I the pro)octs are debt fi nenced. NOTES: Modai Run Dat& OWM1W ASK Pnljoel Desodpllorc Assumf!a 24022C sq,ft nebl cn .L% acme zoned B f DiWct and 10.11 3CM8 zoned 62 District. Due 110 changing ocndlllons associated whh development in the Carry, the resuits of (his Output Module may not be valid beyond a Period of 90 day$ from line model non date. 20C2MODEL • 7563-5316 EBX/cmj cn • a �w H • 030013914 C 00 N THIS DEED, made and dated this 27'h day of June, 2003 by and between RICHARD L. IVICT HOLSSON, JR, hereinafter called the Grantor, and A,P,R, M1NI-STORAGE,L c a Virginia Limited Liability Company, hereinafter called the Grantee and LEONA M. NICHOLSON by her Attorney -in -Fact Richard L. Nicholson, Jr., party of the third pait.' WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), caslr in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with the improvements thereon, lying and being situate in Shawnee District, Frederick County, Virginia about one and one-half (1 1/z) miles Southeast from Winchester, on the North side of the Bufflick Road a short distance East from the Winchester and Front Royal Turnpike, containing fourteen (14) acres, more or less. AND BEING the same property conveyed to Richard L. Nicholson, Jr., by deed from Leona M. Nicholson dated October 3, 2001 of record in the aforesaid Clerk's Office as Instrument Number 010013568. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and be will grant such further assurances of title as may be requisite. :#- 7 co-) 0 • • The party of the third part joins in the execution of this conveyance to relinquish her life estate in the subject property. WITNESS the following signature and seal: , - (SEAL) RICIiARD L. NICHOLSON, JR. (SEAL) ONA M .NICHOLSON, by her Attorney -in -Fact Richard L. Nicholson,,Jr..A-- STATE OF VIRGINLA 0011�ydkF_ COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27`h day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27t° day of June, 2003. My commission expires 12/31104. Notary blic ?�N,j1Man rttiryr fr�': � � ...a �pTA ti Y ; 2 t o 8 t 4 co Co 0 • 0 STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. JeweH, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Leona M. Nicholson, by her Attorney -in -Fact Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27' day of June, 20031 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27 h day of June, 2003. My commission expires 12/31/04, Notary P lic T1:6 ►-Oum v W" ptcp—d b)- Ed-io & Yoe Kuytendst Jo6seos• MOut k bkwt4' mr— 1 )3 S'DWh Gmttolt shKl WWrhnttr, V gWa 22601 (W) 662 Nth C1\HPO0C8\D..d&\uprounLtorage. fes— d 3 Z3 �•.D: • • • �i co AFFIDAVIT ''J (Pursuant to Section 11-9.2 of the Code of Virginia) Q1 STATE OF VIRGR UA COUNTY OF FREDERICK, to -wit: This day personally appeared before me the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, Richard L. Nicholson, Jr., (the 11,4 nt"), who, after being first duly sworn, deposed and said as follows: 1. That the Aunt is Attorney -in -Fact for Leona Murray Nicholson under Power of Attorney dated October 3, 2001. 2. That at the time of executing and delivering the deed dated June 27, 2003 to A.P.R. Mini -Storage, L.L.C., the Aunt has not received actual knowledge or actual notice of the revocation of termination of said Power of Attorney by death, disability or otherwise, or notice of any facts indicating same. 3. That the property is one and the sarne as that parcel known as 171 Bufflick Road, containing 14 acres, more or less in Shawnee District, Frederick County, Virginia. Executed upon oath this 27`h day of ejpe, 2003, 4- -- _(SEAL) CHARD L. NICHOISON, JR., Atto -in-fact for Leona Murray Nicholson Subscribed and sworn to before me this 27`^ day of June, 2093. My commission expires 12/31/04. vtfiGINIA FREDERICK COUNTY, scr. Notary Tbis insttt meat Of wnritding was produced to me on at id with certificate of acknowledgemmt theteto aunexec ,rs sdmittcd to record. Tax imposed by Sec. 58.1-M of 4 �, * • ; ` 3/S OU � and 58.1-801 have b&n paid, it assessable , P U D L rr "W Kim Ckrk 1'.7rcc1 JD // 64D.((1j))_38 T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00241790001 -@@ FREDERICK COUNTY Date 5/07/2003 C. WILLIAM ORNDOFF, JR Register: BHH/LM P.O. BOX 225 Trans. 0: 13893 WINCHESTER VA 22604-0225 Dept 0 ACCT# RE200301 20327 2003 REAL ESTATE TAXES Previous 14.00 ACRES 649 A 38 Balance $ 189.80 Acres: 14.00 THE Principal Being Paid $ 189.80 Land: 79000 Imp: 50700 Penalty $ .00 Interest $ .00 NICHOLSON, RICHARD L JR Amount Paid * 189.80 *Balance Due 171 BUFFLICK RD as of 5/07/2003$ •00 WINCHESTER, VA 22602 4546 Check 189.90 # 10 523 Pd by NICHOLSON, RICHARD L JR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) Exhibit ##8 - Current Tax Statement Rezoni4 %tnP act Anal) sis StNenpent P.v-cel ID # 64B_((..t))-,38 AT Proffer Statement 31 °t t� Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetar , Contribution to Olfset Ini pact of Develo mieut The undersigned, who owns lie above described properly, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for -die 12.6607-acre site located along die north side of Bufllick Road in the Shawnee Magisterial Disti froct of Frederick County, Virginia from RA to B 1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the tune the first building permit is issued. The undersigned hereby pro(Icrs to prepare a (aflic impact analysis MA) for the 12.6607-acre site rrrecting all regwrements of the Virginia Departrrrent of Transixprtabon, should the initial site plan provide for a land use, with tlallic generation projections exceeding 600 VPD drat utilizes the Bulllick Road, Route 77G. A new I7A will identify improvements to the road system drat will be installed by the Developer during the initial site development phase or at such a tune as detcrrrrined by VDOT. The undersigned hereby proffers a buffer or screen along the adjoining prOI)etty owners to (he proposed B-1 zoning with a double row of white pine trees, size and spacing to be consistent Fvith Frederic k ('ount} Zoning code r egwrernents for mini -storage, a 50' butler along the rear of the proJperty, and Ilia( all • improvements will generally be consi April 9, 2004. stent. i�ith those shown ()it the at(acl►ed preliminary sketch plan dated The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and grant said rezoning andd successors interest the Applicant and Owner. In (Ile event the Frederick Count}' Board ofSupen-isors accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY OWN Ell: A.P.R. Mini S(oragc, [A-C. -- Date: - --v ----- STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, -ro Wit: The t regoing instnriuent was acknoivledged before the (Ills /,,..y 1- - clay of*f_ 20--- -_DIY= --- 01, hp My commission expires -- /-L3 ----- isry uNota Pbli c 111?411- l ei o l6 4 NEGLEY CONSTRUCTION, INC. 127 MERCEDES COURT WINCHESTER. VA 22.603 (540)665-2792 Ie ((Ay--w SHENANDOAR VALLEY NATIONAL BANK WINCHESTER, VIRGINIA 68-895/514 wmo: Rezoning Pazmwi in _ PAY One Thousand Six Hundred Eighty -Three and 04�100 Dollars DATE 'AMOUNT. TO THE Treasurer of Frederick. County ORDER OF r r 1110056771►ll 1:05 L40895 21:. 500404-911' • 0 liezomW Impact Analj,ss stern je AurelID # 6413.((,V)-38 • Pmr 18 of l6 ExlvUit H5 - FCSA Water & Sewer Map E �t 0 - • OUTPUT MODULE APPLICANT: FOLTZ Net Fiscal Impact LAND USE TYPEBI, 82 Odin of 1MMCiCaK111 REAL EST VAL $18,227,aW Regdred (entered In Cur. Budget Cur. Budget Cep. Cadits to be Takr Future CIPf 7=1 Patendal Tax Credits Adjus►mett For FIRE 8r RESCUE 6 CazjftLF2ciltii>te cot sum orgy) goer V muia E%RS=Vffbjj$ Tzol—cbkr aluz ►j tad1 Revenue- Net Capilal fait la(acra npgluee Imn®ct Net Cosl Per INNIlin_ a C nit Fire and Rmcue Departmeni $118,573 Elementary Schools SO SO $D S1i6,573 ERR Middle Schocls SO High Schods s0 SO SO so $0 so ERR PatksandRecreatitrt So SO So _ Public Ubrary so S0 So SO ERR sbr f's Offices $O Administration Buildlrtq SO 39,711 $0 $0 so 39,711 so Sg.Ttl SO SO ERR ERR Other Mleceltarwxgn Faciliies s0 323,284 $25.707 $O $O W.991 $0 SO ERR S4E,991 SD ERR 9LIB70TAt 5116,573 LESS: NET FISCAL. IMPACT 511,411,542 232,995 $25,7D7 SO $58,702 $58,7132 559.871 ERR NET CAP, FACILITIES IMPACT $11.411.5A2 SI iAl1,542 SU 4_ Sul E3E r INDEX: "1.X if Cep. Equip hduded 1.0 INDEX '1.0' If Rav-Coet Bal, '0.0' tf Ratio to Co Avg: 0.0 Rtv-Coat Bat = 1.000 PL.AWNO DEFT PREFERENCES 1.0 1.0 Ratio to Cc Avg = 1.342 METHODOLOGY 1. Cariltal tacitrifss requiramente we I" IA he first column as aloulated In tna modd. 2. Net Fiscal Impact NPV tram operations cakwations is Input In now total of ssmnd column aero if rM2tivet included are the on*4 me uaxaslfeea for one year only at hill value. 3. NPV of kn" oper cap equfp taxes paid In third oolumn as calculated In fiscal Impacts. k NPV of future capital expends tune taxes paid in fourth cot as calculated I n f1scat Impacts. 5. NPV of future Wows paid to bring current caur"y up to standard for now facillm, as calculated for each new I'soillty. 8. Codumm three through flw are added as potential credits against the calculated Capital facllltlss nsgulremente. Tfaaee are ad)uated for Percent of costs covered by the revenum from the prooect (actual, or as ratio to av% tot air residential developrnent). NOTE: Proffer calatlatione do nolnclwds include Interest beraurm they are cash payments up }rant Credits do Include interest A the projects are debt financed, NOTES: Model Run Date O9 06A)1 ASK Profoct DeoCapticrc Assume$ 249,32C sq.ft retail on 2.55 acres zorsed B f 0istrlct and 10.14 acres mned 82 O rtscl. Due to champing cendlitons ase0cialed with devefoDmard in the COarlty, the regWIs of this Output Module may riot be valid beyond a period of 90 days from the model rim data. 200OA COEL 07563-5316 EBX/cmj a O U M w Q 00 W U �a w N 1n • �w EH • M O w N N a w F' U) U z H 03001 3914 C cc N THIS DEED, made and dated this 27" day of June, 2003 by and between RICIIARD L. NICHOLSON, A, hereinafter called the Grantor, and A PA MINI-NTO AGE T r a Virginia Limited Liability Company, hereinafter called the Grantee and LEONA M. MCHOLSON by her Attorney -in -Fact Richard L. Nicholson, Jr., party of the third part. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Tide, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with the improvements thereon, lying and being situate in Shawnee District, Frederick County, Virginia about one and one-half (1 1/z) miles Southeast from Winchester, on the North side of the Bufflick Road a short distance East from the Winchester and Front Royal Turnpike, containing fourteen (14) acres, more or less. AND BEING the same property conveyed to Richard L, Nicholson, Jr., by deed from Leona M. Nicholson dated October 3, 2001 of record in the aforesaid Clerk's Office as Instrument Number 010013568. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor does hereby covenant that he has the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and he will grant such further assurances of title as may be requisite. • • 0 The party of the third part joins in the execution of this conveyance to relinquish her life estate in the subject property. WITNESS the following signature and seal: G�-- (SEAT.) RICI iARD L. NICHOLSON, JR. (SEAL) ONA M .NICHOLSON, by her Attorney -in -Fact Richard L. Nicholson, r. STATE OF VIRGINIA I/ COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Richard L. Nicholson, Jr,, whose name is signed to the foregoing Deed, dated this 27'h day of June, 2003, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27`h day of June, 2003. My commission expires 12/31/04. Notary 6blic ,I�.�QTArile%r'T CD 00 -J • 0 STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: I, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Leona M. Nicholson, by her Attorney -in -Fact Richard L. Nicholson, Jr., whose name is signed to the foregoing Deed, dated this 27' day of June, 2003, has personally appeared before me and aclrnowledged the same in my State and jurisdiction aforesaid. Given under my hand this 27' day of June, 2003. My commission expires 12/31/04, Notary Pdblic Tbk han,mni w" pmp—d b)- Hdwm & You X01-T44% )ohwtotl, Mcktc ► 8wkt, f.LC. 112 Scluh CimerOq sCKI Wh-halt,, VU" 22601 (544D) 662 Nib Cr\HPDOC8\Dr.d•\aprminlrtorxge. fqr.vpd 3 ., t '' r f� 0 C co AFFIDAVIT v (Pursuant to Section 11-9.2 of the Code of Virginia) U7 STATE OF VIRGINIA COUNTY OF FREDERICK, to -wit: This day personally appeared before me the undersigned, a Notary Public in and for the State and jurisdiction aforesaid, Richard L. Nicholson, Jr., (the "Affiant"), who, after being irist duly sworn, deposed and said as follows: 1. That the Aunt is Attorney -in -Fact for Leona Murray Nicholson under Power of Attorney dated October 3, 2001, 2. That at the time of executing and delivering the deed dated June 27, 2003 to A.P.R. Mini -Storage, L.L.G., the Affiant has not received actual knowledge or actual notice of the revocation of termination of said Power of Attorney by death, disability or otherwise, or notice of any facts indicating same. 3. That the property is one and the same as that parcel known as 171 Bufflick Road, containing 14 acres, more or less in Shawnee District, Frederick County, Virginia. Executed upon oath this 27"' day of ejpe,M, `---� (SEAL) CHARD L. NICHOLSON, JR., Atto -in-fact for > Leona Murray Nicholson Subscribed and sworn to before me this 27`^ day of June, 2003. My commission expires 12/31/04. VIRGINIA: FREDERICK COUNTY. s4= Notary this in9trumemt of W rit ing was produced to me on M ,d with cettincate of acknowledgement theteto wiwxac L .� as admitted to record. Tax imposed by Sec. Al8t71 of 4 gr. and 58.1-801 have b6en paid. If assmabic , P 11 4et4 4�4� , Ckrk Rcwniiig Impact Anal) sis St7tcmcnt Parcel ID // 64I3-((A))-,38 • CJ T A X R E C E I P T - Y E A R 2 0 0 3 Ticket #:00241790001 .@@ FREDERICK COUNTY Date 5/07/2003 C. WILLIAM ORNDOFF, JR Register: BHH/LM P.O. BOX 225 Trans- #: 13893 Dept 0 RE200301 WINCHESTER VA 22604-0225 ACCT# 20327 2003 REAL ESTATE TAXES Previous 14.00 ACRES 64B A 38 Balance $ 189-80 Acres: 14.00 THE Principal Being Paid $ 189.80 Land: 79000 Imp: 50700 Penalty $ •00 Interest $ •00 NICHOLSON, RICHARD L JR Amount Paid $ 189.80 *Balance Due 171 BUFFLICK RD as of 5/07/2003$ .00 WINCHESTER, VA 22602 4546 Check 189.90 # 1B 523 Pd by NICHOLSON, RICHARD L JR ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST• (DUPLICATE) Page 15of16 Exhibit 1/8 - Current Tax Sweinent Raz01214 Impact Analj sis Statement Parce/ID N 64B-((.•1)1-38 rof Proffer Statement 1 Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Ir„tnct of Development The undersigned, who owns the above described prof>erty, hereby voluntarily proffers that if the Board of Supervisors for die County of Frederick, Virginia, approves the rezoning for tale 12.6607-acre site located along the north side of Bufllick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will ]ka}' to l�rederick County for the Millwood Fire and Rescuc Company the surn of $3,000 at the time [lie first building permit is issued. Tire undersigned hereby proffers to prepare a ouflic impact analysis (TIA) for die 12.GG07-acre site erecting all requuemenls of the Virginia llel>,rtrrrent of "franslx)rtation, should [lie initial site plan provide fora land use, with traffic generation Projections exceeding 600 VPD that utilizes tl,c Bufllick Road, Route 776. A new I IA will identify improvements to tl,e road system that will be installed by the Developer (luring file Initial site develoPrilent phase or at such a tune as determined by VDOT. The undersigned hereby Proffers a buffer or screen along the adjoining properly owners to the proposed B-1 zoning with a double row of white pine trees, size and spacing to be consistent Fvitl, Frederick Count). Zoning code r equirerrletrts for mini -storage, a 50' butler along the rear of the property, and that all • April , 2004s will generally be consistent with those shown on the attached P �eliminary sketch plan dated April 9, 2004. The conditions proifered above shall be binding upon die heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. grant said rezonIn [he event the Frederick County BoalBoardoI Srlper,isors ing and accepts these conditions, the proffered conditions shall apply to the land rezone' ezoneiu addition to other requirements set fort], in the Frederick County Code. d Submitted By: PROPERTY OWNER: A.P.R. Mini Sto,age, B : r } --------- -- Date: - ----- ---=------ STATE OF VIRGINIA, AT I.A1lGE COUNTY OF FREDERICK, To N�tit: The f regoing instnrnlent was acknowledged before file this 1_,, "' day of _ t__, 200.1, b)' My commission expires —_ /-31-07 Notary Public /_&WL"j PaKe l(i ol'lti • NEGLEY CONSTRUCTION, INC. 127 MERCEDES COURT WINCHESTER, VA 22603 (540)665-2792 SHENANDOARVALLEY NATIONAL BANK WINCHESTER, VIRGINIA . 68-895/514 x 1 �mo: Rezoning Palm/ /0 E PAY One Thousand Six Hundred Eighty -Three and G4[,,I00 Dollars DATE AMOUNT N Mar 24 ?i��34 ** �;..6_ 04 TO THE t ORDER Treasurer of Frederick County OF 111005G7711` 1:05L408952':. 50111Q4Q4191qu.' 8. • 0 • A. P. R. MINI -STORAGE. LLC REZONING #10-04 REVISED PROFFERS AND 0 COMMENT SHEETS 0 • • U Proffer Statement Rezoning Request Proffer Property Identification Number 64B-((A))-38 Shawnee Magisterial District Monetary Contribution to Offset Impact of Development EE RECIV[) JUL 2 8 2004 PLA FR DERIG(CpWrY DEVELOPMENT The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia, approves the rezoning for the 12.6607-acre site located along the north side of Bufflick Road in the Shawnee Magisterial District of Frederick County, Virginia, from RA to B-1 and B-2, the undersigned will pay to Frederick County for the Millwood Fire and Rescue Company the sum of $3,000 at the time the first building permit is issued. The undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation, should the initial site plan provide for a land use, with traffic generation projections exceeding 600 VPD that utilizes the Bufflick Road, Route 776. After the issuance of the Certificate of Occupancy for the use specified in the initial site plan, the Property Owner shall conduct a periodic actual count of vehicle trips per day from the property. If said counts reveal that more than 600 vehicle trips per day are generated from this property, the undersigned hereby proffers to prepare a traffic impact analysis (TIA) for the 12.6607-acre site meeting all requirements of the Virginia Department of Transportation. Said TIA will identify necessary improvements required to the road system for vehicle trips attributable to this property. Further, after agreement with VDOT and Property Owner, the agreed road improvements shall be installed within nine (9) months after said agreement is reached between VDOT and the Property Owner. The undersigned hereby proffers a buffer or screen along the adjoining property owners to the proposed B-1 zoning with a double row of white pine trees, size and spacing to be consistent with Frederick County Zoning code requirements for mini -storage and that all initial improvements will generally be consistent with those shown on the attached preliminary sketch plan dated April 9, 2004. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grants said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Submitted By: PROPERTY OWNER: A.P.R. Mini Storage, L.L.C. By: �� Date: STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To wit: The foregoing instrument was acknowledged before me this '*\day of 2004, by Poucl '�i My commission expires l:� 110.? Notary Public -1" a - a RECEIVED JUL 2 8 2004 FRELERCKGUufvr1 -.-L,NP4W-, a, DEVELOPMENT • 0I July 15, 2004 9.20 PM Darren & Pam Foltz 540-868-2963 p 02 • 9 Virginia Department of Trnnsportation Mail to Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pikc Edinburg, Virginia 22824 (540) 984-5600 Band deliver tol Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 Applicant: Please fill out the information as accurately as possible in order to assisttlie , Virginia papa enk of Transportation with their review. Attach three.e6pes of your application f;'Qrm, 1009n map, proffer statement, impact analy is sn� iknx.othe ,; pertinent i.nforma>fipn. r r• '„ Applicant's Name: - t Q n . - S)VA Cam, LL(2- Telephone: 16 Mailing Address: 12.rl tin b V Locationof roe N0� �,c�e �� 1)>>a�' P P rtY �����" (�� I�t ��r�J���(` �,��rl lip �`i��1 k'�D Ll�r✓ J 22 Current zoning: Zoning requested: - I Acreage: Z 5gi3 A� - � lo• i��F fE� Virginia Department of Transportation Comments: the VDOT roadway whlcn nas been considered as the aCcess to the property referenced. VDOT Is satisfied that the transportation proffers offered In the APR MIN Storage, LLC rezoning application dated April 9, 2004 addresses transportation concerns associated Before development, this office will require a complete set of construction plans detalling entrance designs, drainage features, and right-of-way needs, induding right-of-way dedications, traffic slgnalizabon, and off -site roadway Improvements and drainage. Any work performed on the StatE's right-of-way must be covered under a land use permit, This permit Is Issued by this of;tce_and VDOT Signature & Date: Notice to VDOT - Please Return Form to Applicant 20 Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Eland deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., 4th Floor 107 North Kent Street Winchester, Virginia ApELcant. I�easfill otitl1he uiformation as accurately as possible in order to assist the k ft"Iar*meni'of?uli ,okstth then re Atfach a copy of your appLcahori;formxt , lgcahonmap� p offe'F9 tement;jmpact analysis, µand aiiy other 6erhnent informahoa1 Applicant's Name: Q. n - SliX(!� ' Telephone: (e ,,� 5 29 4 2 Mailing Address: 2 NVe(U.c)_1 S L'kr+ Location of property: 1,Ao4\A%1 S\ _P 6i" kk�e �O O V6k) r]-16 0 Current zoning: Zoning requested: lam- Acreage: d I • • Z. 54.13 Ac. 1 o. t 134 Ac. Department of Public Work's Comments: �--- �liy Gty Public Works Signature &Date: c`.� ti lotice, to Dept; of Public Works Please:Return This Form to the_A6Plcant 21 9 � Winchester Airport iFRVIN� TIE \ TOP CIF VIRGINIA June 21, 2004 WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662.2422 Eric Lawrence, Director Department of Planning and Development 107 North Kent Street Winchester, Virginia 22601 Re: APR Mini -Storage Rezoning Dear Mr. Laver ce: G Ck, v FILE COPY This letter is in response to your question as to the Airport Authority's intentions regarding a parcel of land owned by A.P.R. Mini -Storage, LLC. The parcel of land owned by A.P.R. includes approximately 5.40 acres identified in the Airport Authority's Twenty -Year Master Development Plan for acquisition. This 5.40 acres lies within the airport's approach surface and in accordance with the Fcdcral Aviation Administration regulations needs to be acquired fee simple. This property does not have to be rezoned for the landowner to receive commercial value. • In accordance with public, law, when an airport acquires property, they must have an appraisal along with a review appraisal conducted to deten-nine the fair market value, which would include best use. Frederick County's Comprehensive Plan identifies the best use for this land for future development as Business/Office. This designation along with other variables will be used to determine a fair market value. The exact amount of property intended for purchase will be determined by a survey that we will have done in order to ensure that the landowner is not left with an uneconomic remnant. We could actually acquire a little more or less than the 5.40 acres. The survey, appraisals and any environmental studies will begin within the next couple of weeks on three parcels including this one. We have begun the process for acquisition of three parcels on Bufflick Road and this parcel is included. If the landowner is willing to sell right now, we encourage him to present us an asking price in order to speed up the negotiation/acquisition process- I hope this answers your questions however, if you have additional questions or need further details, please do not hesitate to contact me. Thank you for your continued support and assistance. Sincerely, Serena R. Manuel • Executive Director Winchester Airport 54OS622936 12:22pm P WINCHESTER REGIONAL AIRPORT VVND 7ME 77 (* vIRVNIA i Jane 21 2004 A.P.R. Mini -Storage, LLC 127 Mercedes Court Winchester, Virginia 22603 491 AIRPORT ROAD VVINCHFST'ER, VIRGINIA 22602 (540) 662.2422 F1 Re: Land Acq iisiticn — 171 Pr ft!ick Ro2d Winchester Regional Airport Property Map -- Parcel 53 To Whom It May Concern: n�6 '7:z' E � W E n Ai ir, 2 M4 COUNTY In the past, the Winchester Regional Airport Authority informed property owners along Bufflick Road that the Airport Authority would at some point in time, begin plans to purchase their property. We are purchasing the properties in order to comply with the federal requirements for noise impact, as outlined in the 1993 Airport Master Plan for Noise as outlined in the '1993 Airport Master Plan for Noise Compatibility. Your property is one of three currently assigned for acquisition proceedings to be started within the next several weeks. I have enclosed a list of business that may be contacting you on behalf of the Airport Authority. In accordance with the Uniform Relocation Assistance and Real Property Acquisition Polices Act of 1970, the Airport Authority is responsible for performing appraisals, surveys and in some cases environmental inspections prior to making an offer to purchase. In order to do this, personnel with these companies must have access to your property. An experienced property acquisition professional will be handling the acquisition process and will arrange meetings with you to answer questions and assist you. I have enclosed a booklet published by the Federal Aviation Administration that provides a brief guide to the acquisition process. However if you have any questions or concerns you can also contact me directly at any time at (540) 662-5786. You have been valuab!-- neighbor and friend and I want to assure you that we ::i!! do everything within our means to make this acquisition process a smooth transition. Thank you for your continued support and cooperation. Sincerely, 1 Serena R. Manuel Executive Director Enclosure Cc: John Longnaker, Delta Airport Consultants w/o enclosure Joe Delia, FAA/WADO w/o enclosure Tony Crux, DOAV w/o enclosure Mark K. Flynn, Legal Counsel, WRAA w/o enclosure • Winchester Airport 54066ZZ936 09/02/04 12:ZZpm • • WIN WINCHESTER REGIONAL AIRPORT 1 �FRVING INF \ h)P OF VIRGIMA / ebruary 19, 2004 A.P.R_ Mini- Storage, LLC 127 Mercedes Court Winchester, Virginia 22603 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662.2422 Re: Rezoning Comments Parcel 1D # 64B-((A))-38 — 12.6607 Acres Rezoning Requested B-1/13-2 Shawnee Magisterial District Dear Mr. Foltz: FREDERICK cOUNTy NNING & DFVFI none The parcel of land you are requesting a rezoning for includes a section of approximately 5.40 acres adjacent to existing airport property identified by the Winchester Regional Airport Authority for fee simple acquisition. I have enclosed a copy of the Airport Property Map that shows the section of the parcel needed for acquisition identified on our map as parcel 53, owned by Nicholson. This parcel of land along with several other parcels, has been programmed in the Airport's Twenty Year Master Plan, Frederick County's Comprehensive Plan, Frederick County's Capital Improvement Plan and the Five -Year Plan for the Virginia Department of Aviation and the Federal Aviation Administration. Residents living along the northern side of Buff lick Road that have property identified for acquisition on the Airport's Master Plan were immediately notified upon completion of the Master Plan Update in 1993. They each received a copy of an estimated timetable outlining when acquisition proceedings would proceed. Funding for the preliminary work (surveys, appraisals, environmental assessments, etc.) to acquire three pieces of property including this parcel is in the current budget and is in progress. Funding for the acquisition of land is in the Airport's budget for FY 2005 that begins July 1Jt of this year. For several years, development requiring land acquisition at the Winchester Regional Airport has focused on the Runway 32 (southwest) end. Now that those land projects are complete, the Airport is actively working on acquiring several parcels on the Runway 14 (northeast) which includes the above referenced parcel. Land acquisition is necessary because many of the identified parcels are located within the Airport's FAR Part 77 primary surface and/or approach surface. 14inchsster Airport 5406622936 08,102/04 12:22pm P. 004 Under the Federal Aviation Administration's Part 77 Surface Requirements, the Airport is required to own fee simple property within the Primary Surface, This requirement is also include in the Code of Virginia 15.2. The five plus acres designated for acquisition ties within the airport's runway protection zone (RPZ) as outlined on the Enclosed map. I am available at any time to meet with you or the landowners to work out a solution that would be beneficial to them. However, I am unable to support the rezoning request for the entire 12 plus acre parcel. On behalf of the Winchester Regional Airport Authority, we discourage a rezoning that would allow for development on the identified five -acre site. Please do not hesitate to contact me to discuss this issue or if you have questions at (540) 662-5786. Thank you for your support and I look forward to working with you on this matter. Sincerely, rf -\Cv v,�_�N Serena R. Manuel Executive Director Cc: Charles L. Wilmot, Jr., Chairman, WRAA Eric Lawrence, Director, Frederick County Planning Mark K. Flynn, Legal Counsel, WRAA w/o encl w/o encl w/o encl • 0 • REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Plgnning Staff. : Fee Amount Paid $ Zoni'rig Amendment Nuriiber Date Received PC Hearing Date BOS Hearing Date The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1, Applicant: Name: A • P R- L-LL Telephone: Address: 1 2 7 t-1 (_ iZ c--F— 0C-S CT- l�l i>Jc.�tr=SrS�� VA- 2-2(IP03 2. Property Owner (if different than above) Name: Address: 3. Contact person if other than above Telephone: 2-7 91 Name: I --i, JZ i-hl F-01- i Z. Telephone: 5y-11 3 23 - l Lt i 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to property Verification of taxes paid ✓ Agency Comments ✓ Fees ✓ Impact Analysis Statement ✓ ✓ Proffer Statement ✓ 11 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: / I-e-v Le 6. A) Current Use of the Property: V Ac-A m-F A 1z (6 (J i-TU6'A L B) Proposed Use of the Property: (A r--tJ F R.A L Orr IC,t-- - µ I ?,i i 7. Adjoining Property: PARCEL ID NUMBER tv�t(3 A)) w Lt 13 - (( A )) - -t O &'tt3 -(( A)) 67 Lf ff A)) 2i:-Sip�.Nnt�L T,7 F-S i DEN -r) A L A-t tL PoP;T iZ�Si D� -Nr1AL ZONING � hr 2, A- (7,A . fZA- Q-h- 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): N D("-rHt S i t) e- O P QTL -7 7 A C-'�C,0 i 5CU i 0 12 • Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 6:)413 — (L" 3 6 Magisterial: _ Fire Service: Rescue Service: 51tArWN �c-- Districla High School: Middle School: Elementary School: 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Re uested 1),. 5AI 3 KA 8- 1�. i13� R.A- 5-2. Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Single Family homes: Non -Residential Lots: Office: Retail: Restaurant: ��• �. ' •"0 -. Townhome: Mobile Home: REFINED = 33 2bE3 0 13 Multi -Family: Hotel Rooms: Service Station: Manufacturing: Warehouse:3Z- Other: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s): Owner(s) • 0 14 Date: -41,3 0 q Date: Date: (?-9-o Date: --....... ----- —... --- - --- ------------ CO- ��c�°�� Special Limited Power of Attorney County of Frederick, Virginia • Frederick Planning Web Site: www.co.frederick.va.us Department of Planning & Development, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) + ' 66 9 c (Name) &�Z 1 i� �.r� �j j.a �L (Phone) s % / 2- (Address) �� /yl�ri� l� 5 �� Cyi ciLk�, 4 - V"4 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. v3 06 J '3R I o and is described as Parcel: 1 n: do hereby make, constitute and appoint: (Name) 'UlA t22 E?I J J . 'Fo t-TZ- 141-�)—((0 --38 (Phone) .5 �Lc — 3 Z 3 -- 149 7 • (Address) 0, VA- 2,Z65S- To act as my true and lawfiul attorney -in -fact for and in my (our) name, place, and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described j Property, including: ©� Rezoning (including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan ! My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this tZ day of, 200_�_, Signature(s) State of Virginia, City/County of , To -wit: 1, jA d-n17vn a Notary Public in and for the jurisdiction i aforesaid, certify that the person(s) who signed to the foregoing instrument personally app ared before me and has acknowledged the same before me in the jurisdiction aforesaid this /20�fay of Ale , 200�. My Commission Expires: /-3/-D'1 i Notary Public U BcOSpecial Limhd POA.v pd �• Ni.��m�. �rrm--�-�-, _-_>�=�-.T., ^-^rr-.�--�---ram-- �c- Rezoning Comments Frederick -Winchester Health Department Mail to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Winchester, Virginia 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Department Attn: Sanitation Engineer 107 North Kent Street Suite 201 Winchester, Virginia Itl6n ds-acciirately as possible in order to assist i ' ent ithry their review. Attach a copy of your..]►&JrMi -jif6metit, impact analysis, And any oth, K­ Applicant's Name: Tz )ej(,- Telephone: 2- Mailing Address: c:). Location of property: Current zoning: �RL Zoning requested: /F,-- 2- Acreage: 12 ter Frederick -Winch U alth D '7�2 V ,7part ment's Comments: Z) x2 Health Dept. Signature & Date: This rm to'the AppLcait w 26 November 3, 2003 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, Virginia 22655 RE: Rezoning for Parcel 964-((A)) - 38 - A.P.R. Mini -Storage, LLC Frederick County, Virginia 0 Dear Darren: • COUNTY of FREDERICK Department of Public Works 5401665-5643 FAX: 540/ 678-0682 We have completed our review of the proposed rezoning request for Parcel #64B-((A))- 38 and offer the following comments: 1) Refer to Item C. Traffic: We concur with your conclusion that the proposed development will "have a significant impact on traffic along Route 776 Bufllick Road." We also agree that improvements to Bufflick Road will be required prior to or concurrent with the development of the subject property. However, the impact analysis does not specifically indicate who will fund and implement these improvements. This issue -hall }be addressed and resolved prior to approving the proposed rezoning. We might add that the enclosed proffer statement did not specifically address any road improvements. 2) Refer to Item F. Drainage: The impact analysis indicates that stormwater management will be required if this parcel is developed. We concur with this statement and would add that stormwater/drainage easements may be required if detention ponds are installed to create point source discharge conditions. 3) Proffer Statement: The proffer statement form included with our review package was incomplete. Provide a completed form after addressing the above comments. 107 North Kent Sheet • Winchester, Virginia 22601-5000 A.P.R. Mini -Storage, LLC Page 2 November 3, 2003 I can be reached at 665-5643 if you should have any questions regarding the above comments. Sincerely, 1 7H�arvey . Strawsn�y7der, Jr., P.E. IJ ircT to! Ji 1r Libli(: Works ks I-IES/rls cc: Patrick Davenport, Frederick County Planning and Development file 0 IV VDOT - Edinburr, I�QcAat-tey OCT � � Zoo, d 3M0 U0�9c Virginia Department of Transportation Mail to: Virginia Department of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824 (540) 984-5600 Hand deliver to: Virginia Department of Transportation Attn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603 caint;.Iease.fill out the inforniatiori as accurately as possible iri:order.. tc assist tlie:;. . ... Virginia Department of Transportation.with their review. Attach three copies: af.your application form, location" map, proffer statement, impact. analysi§ and any: other,. . :.... ..... . ertinenf information,.: . Applicant's Name: UV. 0\,t) . - 5I1N(t (e . LLO-- Telephone: 2 2 q Z Mailing Address: l-2-9 (V\E,1Co- } )r i 1.�-) o V6. ZZ (n r7 3 Location of property: Ncr4Al P n, '— ablll o� -t,)\ -,A8CSt(-1 a Ltle-- 522. Current zoning: A Zoning requested: - Acreage: Z• 59`] 3 fly• / to 1191 C Virginia Department of Transportation Comments: See attached comments from VDOT dated November 6, 2003. VDOT Signature & Date: Z � ��� � - 11/06/03 Notice to VDOT - Please Return Form to Applicant 0 20 COMMONWEALTH ®f VIRGI IA DEPARTMENT OF TRANSPORTATION EDINBURG RESIDENCY Philip A. Shucet 14031 OLD VALLEY PIKE COMMISSIONER EDINBURG, VA 22824 VDOT Comments to A.P.R. Mini -Storage, LLC Rezoning November 6, 2003 JERRYA. COPP RESIDENT ENGINEER TEL (540) 984-5600 FAX (540) 984-5607 The documentation within the application to rezone this property appears to have a measurable impact on Route 776. Route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is not satisfied that the transportation proffers offered in the rezoning application dated August 1, 2003 addresses transportation concerns associated with this request. Actually, there appears to be no transportation proffers whatsoever in this rezoning package. There is some mention of improvements being addressed during the site plan process on Page 6 of 16. However, this does not address any specific requirements that will be necessary. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off - site roadway improvements and drainage. 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. Thank you for allowing us the opportunity to comment. Ben H. Lineberry, Jr., P. Transportation Assistani BHL/rf Attachment • ident Engineer VirginiaDOT.org WE KEEP VIRGINIA MOVING r7 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 October 27, 2003 Mr. Darren S. Foltz, L.S. Foltz Land Surveying P.O. Box 23 Stephens City, Virginia 22655 RE: Request for Historic Resources Advisory Board (HRAB) Comments A.P.R. Mini -Storage, L.L.C. Rezoning Application Property Identification Number (PIN): 6413-A-38 Dear Darren: Upon review of the proposed Rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the Rezoning application by the 1-IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. Also, there are no identified battlefield resources that this proposal would impact. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Rebecca Ragsdale Planner I RAR/kac cc: Bessie Solenberger. HRAB Chairman 107 North Kent Street • Winchester, Virginia 22601-5000 • Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: A i L_LvJ 00 D S- -Pm 0" Address & Phone 1? o, 9 C X 30 37 Z--Z Go Li' Applicant Ykase- fill`Auf the information as accurately as possible in order to assist the Fire and Reseue Squad v' th.their review.. -Attach a copy of your application form, location map, proffer statement; impact analysis, and any other pertinent information.. Applicant's Name: A 1'- R. lil r,; - ��}o,rCt ��, (_l _ Telephone: b i6 `J- Z"r1 q 2 U. Mailing Address:y2q mP.rc d t_S V A Zzb <<� Location of orooertv: Current zoning: {_f � Zoning requested: - Acreage: Z- , '1 3 A-c . Fire and Rescue Company's Comments: fIRaPc/L NniL4 �f7` SA4c .4 S L,it �t �4 S �cc� cs 7% Fire & Rescue Company s ' Signature & Date: IO 03 Notice to Fire & Rescue Company - Please Return This Form to the Applicant 32 RECEIVED OCT Y 0 Rezoning Comments WmdWM- Frederick County Fire Marshal Mail o: Frederick County Fire Marshal 107 North Kent Street Winchester, Virginia 22601 (540) 665-6350 J', , 1 Hand deliver to: Frederick County Fire & Rescue Dept- Attn: Fire Marshal County Administration Bldg., 1st Floor 107 North Kent Street Winchester, Virginia 'a cif a.��=S.::_�r.. f `ble:40; der t6 assiscant K,.;►+� , ith hfs' tthEla ofyQar xpphoritfo Yocat�o ro a emeril impac aiaalyMs, aad`anp other Pertinen informaho>VR Applicant's Name: A P K 1� -n. SQ('�, L C' Telephone: LP 102- Mailing Address: W n�Y145 r A 22(n D • Location of property: i.I �'� S �� t)C u Current zoning: (�U. Zoning requested: -I Acreage: Z. 59'13 f�c.l Pi--71i O . t 13g f c-- Fire Marshal's Comments: Fire Marshal's Signature & Date: Nohceaq Fire _117airshil = Please Return This Form to the Applicant 0 22 • Control number RZ03-0012 Project Name A.P.R. Mini -Storage Address 127 Mercedes Court Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation • Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Date received Date reviewed Date Revised 10/10/2003 10/15/2003 Applicant A.P.R. Mini -Storage L.L.C. City State Zip Applicant Phone Winchester VA 22603 540-665-2792 Tax ID Number Fire District Rescue District 64B-A-38 21 21 Recommendations Automatic Fire Alarm System Yes Rer(IuirefIiofllZi Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments 10, Plan Approval Recommended Reviewed By Signature • Yes Timothy L Welsh Title - 3HAI,: FRS i35RICK CX"" ...' •w 0 0 Rezoning Comments Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia information a,ccurat out th6 n mia ion' as eJy ai'06isible in 0 order to asd '("'-ffitheir .review. Attach acopy of Y6`k 6r application \ form, hiciti m f ein impa, impertinent turormatiom A 11-5 Applicant's Name: 4. C L -,Aig�LLX- Telephone: � � 5 - 29 c1'Z Mailing Address: 12q Location of property: S-,C)l— J" &)iJe- q-76 aIi,,,-J 56o d-- 0\-L ln-M') �6,k 5Z2. Z. 54-13 Ac.1 Current zoning: Zoning requested: 6-1 1 6 - Z Acreage: _Lo. I 3,f Ac. Sanitation Authority Comments: Sanitation Authority Signature & Date: 4-- T 10FA , ME X NO IMF `Cr � � ; 1 0 w a M IN; W F 1 .1 b NM END a- IN 0 25 • Rezoning Comments -.i0...V.Vv.\J}�At\tiX>OYCv:\iii:.J:tn�.+:::.�.v..+....:i:::'�:.•A`ii?v!!O(O:MiM^)UC'fiiMK:i Win: .......: �:1w�n. n;p�`Yi::N~' J>10. \�XC:!::. %::C}:JCiJC\\JF•�.0 Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, Virginia 22604 (540) 722-3579 Hand deliver to: Fred-Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, Virginia Applicant; Please fill out the information as accurately as possible in order to assist the Fred-Winc Service Authority with their review_ Attach a copy of your application form, locatio map, proffer statement, impact analysis, and any other pertinenC"information. Applicant's Name: aD,-c:j_ L L C Telephone: (D j - 2 rJ q 2- Mailing Address: 2 ftIF Ct- di 5 06-1,�� Vic ,�cl� s��- v►� 2Z(p � 3 Location of property: S'\ L d F �C� '� b (� �cM } 56 U Q,} �-aSV 01 -tom 0 u. e 62z . Current zoning: Zoning requested: h- j Acreage: 2.5q 73 Ac . / -Z 16-it39 Ac. Fred-Winc Service Authority's Comments: Fred-Winc Service Authori 's Signature & Date: fit) 03 Notice to Fred -Wine Service Authority = Please Return Form to Applicant �uv« 1 i 0:,; 1 34 Comruerb l Wiacbc$tet• Rtaional Airport • � Regi�+�wl Aitrrxt Atta Fxeoutive Di color 491, kh pui i Rued W' . VigOnit 226U2 (540662-2422 0 W i rwtvsfrr A rV r►fl l l A i.f+nrt Attu: 6xeeutive Dimtot 491 A irpurt P uwJ (Kt 645, 012 otKl. ill !South) Winchester. Vveinia kc r, n�Ce,� Or cw td, i2iat tf•ch . •� ipplle Oem t rht 1 ! Mtht "Cher P*ew—, �t 10idtfp Appl icurvNr,ud; Pg, M.r j, - Q,rL3 rr LLC- TVIcyhuua. t.4,5- 2722 Maililig Address: 12'1 �i `rY' lu��r V A 22 f� L• %�� 0 of property. _ NC! 4)'-1 ZA, iCy .. �� 'i to Zoning rrqutltcd: Acmgt: _ Z. `A 13 iAC / 6-2 10. 11 $-1 Ar_. W184ow,e► RseemW Airporl's Commustb: kegimsl Airport's �rpottl��i+!ht4b to wipit Jo WINCHESTER REGIONAL AIRPORT 491 AinpoRT nOAO WINr.NeRTER VIROINIA 2M02 fS'" 4612422 I-StruarY 19, 2004 • A-P R. Mini- Storage. LLC 127 Mer circ w Court h#918r, Virginia 22603 00' Rezoning Comments Parcel ID 0 648- (A))-M — 12,&607 Acres Razvrrilry RequWw 13-1B-2 Shawn" Magisterial District Daa Mr. Foft .- The reel of lend yuu ■re requesltng a rezoning for Irjoludee a secrlort of app xtmatey 5.40 acres adjacent to existinq airport wooerty idw4 find by the Winchester Reglonel Airport Authorfty for too slmpfp ac rp"Olon twv o or'►ol000d a copy of the Airport Property Map Mat shows the swiul I of It* Pam, needed for "UrblOun IderdAed on our map at pa► 153, owned by Nicholson. Th4 reel of land a" whh twveral other parcels, has been pfograrnmed In the Airpc it's Tw" Year Msster Plan, Frederick County's Comprehonswe Plan, Fr*di Pock County'a Caprtpl Irnprvvomcnt Plan and the Five -Year rUn for the Virginia De"►1meM of Aviation and the Federal Aviw6un Atlrrri "Iration. s Wnp alanq the nodhem side of 8utflick Road that have property xuntwAd • 10(2ielt►on on the Airport's+ MAstw Plan wove immadletvfy notffled upon cornplotton of N Master Plan Update In 1993. They each received a copy of an estimated fiMOFLablIO ouWning when acqulaftion proceedings would proceed. Fund np for the prelirnlnary worst (surreys. amraisals, environmWal assessments, etc.) I o acquire thr*A rinces of Property including this parcel is In the currvni budget and i in progrose. Funding for the aoqutrftlon of land in in the Airport's budget for FY 2005 that beginll July 1" of this year. For 8 1 years, development rvquinng land aoqulsifion at the Wincheeter Regional Airrin has focused on the Runway 32 (soudwmet) and. Now that those land projoctc era plete, the Airport is actively working on acquiring several percols on the Run y 14 (rlurtloeiW) which Includes the above ►erewwod parcel. Land acqultft ri is ary because many of the Identified parcels are located within the Airport's FAR art 77 primary surface and/or approach surface. • f� nder tha Fodwal Aviation Administmllon'e Pow 77 SivlAm Rwqtir>gmpnt%, dut Aoprxt I requked to ovrn fee eimple proporty within the Primary Surfoco. Thio roquiromont io ► inti►rrlw k► tt>n Comm of VbrUlr►W I S.2 Tlw fives Nlus ;ik;rw Jvsipiated fur Mon Het wfthln the almon-a runway probclron Zone (RF=Z) as artlwNed on the Clue ed map. l RM evadable at any time to meal with you or fhe landovrrvoro to worts out a oolution t wonukf be henefHW to Ihwm. Howay"r, I drm rn►" to vuVpurt 1!w fvttatiny for VW mtAM 12 piva iron p&Mel. Un bef,49 of the Wlncheater Keg"( sport Authority, we discountge a re.cx ing that would allow for developmenA on the IclointMed tive-.acres ¢Me. mm du mit Ia��;i1NiN lu ulmllwul mw to Ehscvjcs oils, tssve or ft you halt'« questions at ) 662,57M. you for your support and I bok fr) wArrl tn wr)rkirig with ynrr on lhlx msffer 1���C� 4� yy\"",& S�Iwm R. Manual Q acuilve Dlrumir Chad" L. W1moL Jr.. Chairman, WFUA w/o end Etic Lawrence, Director, Frodwlck county Planning w/o cnc) Mark K. Ftynn, Legal Counsel, WfUW w/o end I NSF a4RP 7aS VALLEr Oaf av9 LP. as 70 AC wo 9wwl Ow tis.— arm ..r F-If .ono 1 uk \rsa O \ 19 C aA ,t r, Dl AUQ6MPlb?Yfli .�OOfWPEDr ..a /,jKu 0'l's _ . 7 t xPeO4lMER 379[F x4y NG 2D „w 11M J61 423 DS2 AOES FAAP o-IA-Q7.P-07 FLAP 9-+s-0.TD-O7 2 LMEI L A'Rf3�l7i t DO4�OINY C. A7i'tY'7P Os .idM 1D73 440 AM17sD AOf£S fAr{P 0--M-O]p--07 J a4 L L AMUM t OOPIOAfY LaAR/0C .i09L�Lt/1 E to ,AL Y 1D73 447 7D2 1.7D4 AOiES 617D AGi6 fAAF t-I4-W3-01 4 AOZ III f. .ODOYS t AO%[L£ JOWV5 24 A/R list Ji/ IJ4 ADAR 7Q-1-S-37•-003P-03 . ueams t DoF lt J7 A(IG Is7D me3A2 0"4 A0N N/F .wdlSlDV aaa¢ CENTER LLWTFD PAlPTlN WW as "r rc 29 N/r aS" 7RUSTFI D-a 7!J K Ja7 'r (I IA) I l II #,r CARPER"S VALLEY GLYF CLUB L� W K 80 Qa 58` 12 O rrrr7rr ran 1r� 1 ?' �mKe l � 11 J ,wvne3rFx �EmMA DAnEt t A%f7rE7i ! DAa L A%l[R t MEL m F. JOWOVS It "Imv F..ETf✓Ou6 t zD AN TWO r C. AREILR 06 Lw T975 v , .- MSVI" 1E JAY 1973 rY of N/n N/F CARPER WALLET Gaf au9 LP. A& 7M Aa tJaa iwrn orr I I 940coccwH cots —• \\\ 'awr-ono 1 (10 i\ L" I a 1� 15 LIETAR C 1 0 � 49 RY. 76 aQl � Q 31 � 31 ;uOfA:AR wiECdaC .rcnrrllvfv ez � - :�oowa J 1D9 AC7f£S �} FNI, /�LECi' 1M1 ! /PE7MALOAS COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING December 29, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-04 FOR A.P.R. MINI -STORAGE, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 12, 2005, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #10-04 of A.P.R. Mini -Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64B-A-38. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins Planner II CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Denartment of Planning and Development, Frederick County, Virginia: 64B - A. - 33-B 64B - A- - 38- A.P.R. MINI STORAGE, LLC 127 MERCEDES CT WINCHESTER, VA 1A PPu. Foltz Land Surveying PO Box 23 Stephens City, VA 22655 64B - A- - 33-A BEAVER, MARJORIE G 14000PEGUON AVE 22603.4638 b &�) /0 tX- WINCHESTER, VA. 22601.4404 64B - A- - 39- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA. 22602.4517 BEAVER, RALPH F 135 BUFFLICK RD WINCHESTER, VA. 22602.4546 64B - A- - 63. PEARSON, JOHN A & DONNA T 192 BUFFLICK RD WINCHESTER, VA 22602.4538 64B - A- - 64- ORNDORFF, JOHN MITCHELL 399 WINDSOR LN WINCHESTER, VA. 22602.2332 64B - A- - 67. EAVES, PATRIZIO ALLEN 160 BUFFLICK RD WINCHESTER, VA 22602.4538 64B - A- - 68. ASHBY, LILY M 64B - A- - 40- 154 BUFFLICK RD ROSENBERGER, TONY MADISON WINCHESTER, VA 22602.4538 223 BUFFLICK RD WINCHESTER, VA. 22602.4547 64B - A- - 41- WISECARVER, JAMES E 203 BUFFLICK RD WINCHESTER, VA 22602.4547 Candice E. Perkins, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERIC a Notary Public in and for the State and County afor said, doh eby certify that Cand' e B. Perkins, Planner II for the Department of Planning and Development, whose name is signed to the foregoing, dated / /--2 � 0 has personally appeared before me and acknowledged_ ie same in my State and County aforesaid. Given under my hand this a 44eday of 6U My commission expires on Qi Oo 64B - A- - 70. MATHISON, MILFORD J 3920 NORTHWESTERN PIKE NOTARY VUBLIC WINCHESTER, VA 22603-3751 0 6. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING November 24, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-04 FOR A.P.R. MINI -STORAGE, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, December 8, 2004, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #10-04 of A.P.R. Mini -Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B I (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 6413-A-38. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Mills Plarmer II CEM/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certVFy that the attached correspondence was mailed to the following on % 0 from the Department of Planning and Development, Frederick County, Virginia: 64B - A- - 33-B 64B - A- - 33-A BEAVER, RALPH F BEAVER, MARJORIE G 135 BUFFLICK RD 1400 OPEQUON AVE WINCHESTER, VA. 22602-4546 WINCHESTER, VA. 22601.4404 64B - A- - 63- 64B - A- - 39- PEARSON, JOHN A & DONNA T WINCHESTER REGIONAL 192 BUFFLICK RD WINCHESTER, VA 22602.4538 491 AIRPORT RD 64B - A- - 64- WINCHESTER, VA. 22602.4517 ORNDORFF, JOHN MITCHELL 64B - A- - 40- ROSENBERGER, TONY MADISON 223 BUFFLICK RD WINCHESTER, VA. 22602.4547 64B - A- - 41 - WISECARVER, JAMES E 203 BUFFLICK RD WINCHESTER, VA 64B - A- - 88- GODLOVE,KENNETH H 635 FRONT ROYAL PIKE WINCHESTER, VA 64B - A- - 38- A.P.R. MINI STORAGE, LLC 127 MERCEDES CT WINCHESTER, VA 22602-4547 22602-7323 22603-4638 399 WINDSOR LN WINCHESTER, VA. 64B - A. - 67. EAVES, PATRIZIO ALLEN 160 BUFFLICK RD WINCHESTER, VA 64B - A. - 68- ASHBY, LILY M 154 BUFFLICK RD WINCHESTER, VA C 22602-2332 22602.4538 22602.4538 Candice E. Mills, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, Notary Public in and for the State and County aforesaid, do her y certify that Candice ills, Planner II for the Dep rtme It of Planning and Development, whose name is signed to the foregoing, dated p V has personally appeared before me and acknowledged the same in my State and ounty aforesaid. Given under my hand this ` day off'. My commission expires on 64B - A- - 70- MATHISON, MILFORD J 3920 NORTHWESTERN PIKE WINCHESTER, VA 22603.3751 A-40Z-/ Foltz Land Surveying PO Box 23 Stephens City, VA 22655 . . VBLIC '. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 27, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-04 FOR A.P.R. MINI -STORAGE, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, November 10, 2004, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #10-04 of A.P.R. Mini -Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64B-A-38. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, �w� LP Candice E. Mills Planner II CEM/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on b L� o 6 from the Department of Planning and Development, Frederick L County, Virginia: 64B - A- - 38- A.P.R. MINI STORAGE, LLC 127 MERCEDES CT WINCHESTER, VA Foltz Land Surveying PO Box 23 VA 22655 Stephens City, APWt-t 64B - A- - 33-A BEAVER, MARJORIE G 14000PEGUON AVE WINCHESTER, VA. 64B - A- - 39- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA 22603.4638 0ej,1X)j4_ 64B-A--41- WISECARVER, JAMES E 203 BUFFLICK RD WINCHESTER, VA 22602.4547 64B - A- - 33-B BEAVER, RALPH F 135 BUFFLICK RD WINCHESTER, VA. 22602.4546 64B - A- - 63. PEARSON, JOHN A & DONNA T 192 BUFFLICK RD WINCHESTER,VA 22602.4538 22601.4404 64B - A- - 64- ORNDORFF, JOHN MITCHELL 399 WINDSOR LN WINCHESTER, VA. 22602.2332 22602.4517 64B - A- - 40- ROSENBERGER, TONY MADISON 223 BUFFLICK RD WINCHESTER, VA. 22602.4547 , Candice E. Mills, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, �&e a Notary Public in and for the State and County - ,A4� �w OUY43-1-i _' aforesaid, dc&ereby certify that Candice E. Mills, Planner II for D artn ent of Planning and the Development, whose name is signed to the foregoing, dated �74 - , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this (%Z� day of NM�ez-e � C'�oycf My commission expires on NOTARY &BLIC 64B - A- - 67- EAVES, PATRIZIO ALLEN 160 BUFFLICK RD WINCHESTER, VA 22602.4538 64B - A. - 68- ASHBY, LILY M 154 BUFFLICK RD WINCHESTER, VA 22602.4538 64B - A- - 70- MATHISON, MILFORD J 3920 NORTHWESTERN PIKE WINCHESTER, VA 22603.3751 0 0. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING August 25, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-04 FOR A.P.R. MINI -STORAGE, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 8, 2004, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #10-04 of A.P.R. Mini -Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64B-A-38. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Mills Planner I CEM/bad 107 North Kent Street - Winchester, Virginia 22601-5000 0 This is to cei ify hat the attached correspondence was mailed to the following on 5eAs—lb V from the Department of Planning and Development, Frederick County, Virgi ia: 1 1 64B - A- - 39- 64B - A- - 38- A.P.R. MINI STORAGE, LLC 127 MERCEDES CT WINCHESTER,VA Foltz Land Surveying PO Box 23 Stephens City, VA 22655 A-Pp4- c 64B - A- - 68- ASHBY, LILY M 154 BUFFLICK RD 22603.4638 0cUN6X-- WINCHESTER, VA 22602.4538 64B - A- - 70- MATHISON, MILFORD .I 3920 NORTHWESTERN PIKE WINCHESTER, VA 22603.3751 WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA. 22602.4517 64B - A- - 40- ROSENBERGER, EDNA S 223 BUFFLICK RD WINCHESTER, VA. 22602.4547 64B - A- - 41- WISECARVER, JAMES E 203 BUFFLICK RD WINCHESTER, VA 22602-4547 64B - A- - 33-B BEAVER, RALPH F 135 BUFFLICK RD WINCHESTER, VA. 22602.4546 64B - A- - 63- PEARSON, JOHN A & DONNA T 192 BUFFLICK RD 64B - A- - 33-A WINCHESTER, VA 22602.4538 BEAVER, MARJORIE G I 1400 OPEGUON AVE WINCHESTER, VA. 22601.4404 / Candice E. Mills, Planner I Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERI K I, I , a Notaiy Public in and for the State and County aforesaid,-�& do reby certify that Ca ice E. Mills, Planner I for the Departi�}ent 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 C_ ounty aforesaid. Given under my hand this �1/i� day of My cominission expires on i U v 64B - A- - 64- ORNDORFF, JOHN MITCHELL 399 WINDSOR LN WINCHESTER, VA. 22602.2332 64B - A- - 67- EAVES, PATRIZIO ALLEN 160 BUFFLICK RD WINCHESTER, VA 22602.4538 O' (' UC= / COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF CANCELLATION OF PUBLIC HEARING November 29, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-04 FOR A.P.R. MINI -STORAGE, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified that the public hearing which was to be heard on Wednesday, December 8, 2004, at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application, has been canceled: Rezoning 910-04 of A.P.R. Mini -Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64B-A-38. Sincerely, Candice E. Mills Planner II CEM/bad 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 1/ q 0 from the Department of Planning and Development, Frederick County, Virginia: 64B - A- - 38- A.P.R. MINI STORAGE, LLC 127 MERCEDES CT WINCHESTER, VA A-M/-/. Foltz Land Surveying PO Box 23 Stephens City, VA 22655 64B - A- - 33-A BEAVER, MARJORIE G 1400 OPEQUON AVE WINCHESTER, VA. 64B - A- - 39- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER, VA. 22603.4638 64B - A- - 33-B BEAVER, RALPH F 135 BUFFLICK RD WINCHESTER, VA. 22602.4546 64B - A- - 63- PEARSON, JOHN A & DONNA T 192 BUFFLICK RD WINCHESTER, VA 22602.4538 64B - A- - 64- ORNDORFF, JOHN MITCHELL 399 WINDSOR LN WINCHESTER, VA. 22602.2332 22601.4404 64B - A- - 67- EAVES, PATRIZIO ALLEN 160 BUFFLICK RD WINCHESTER, VA 22602.4538 22602.4517 64B - A- - 40- ROSENBERGER, TONY MADISON 223 BUFFLICK RD WINCHESTER, VA. 64B -A- - 41- WISECARVER, JAMES E 203 BUFFLICK RD WINCHESTER, VA 64B - A- - 68- ASHBY, LILY M 154 BUFFLICK RD WINCHESTER, VA 22602.4538 22602.4547 22602.4547 Ceandice E. Mills, Planner II Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Notary Public in and for the State and County aforesaid, do he6by certify that Candi E. Mills, Planner II for the DepartWent pf Planning and Development, whose name is signed to the foregoing, dated l )-Zl ,4�1 , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this oZ day off My commission expires on NOTARY P IC U Uc/�- 64B - A- - 70- MATHISON, MILFORD v 3920 NORTHWESTERN PIKE WINCHESTER,VA 22603.3751 WOR Barbara - Data Processing Bev - Planning Dept. Please print 4r1 sets of labels by: THANKS111;1 S. The Code of Virginia allows us to request full disclosure of ozr..%;.s a...r......... r—! .. rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: VA. -AM-1 =O L-T-VPA L B) Proposed Use of the Property:OEr1L1= i 1`1 iry i 57i5C�Avim= 7. Adjoining Property: PARCEt�llDNUMBER USE ZONING -f 13U .3 R F--s i te' W i olt13 ((AD 1Z�-If->J" I,1L f A bj - (( A )) -- Sri r ' f: 1-) j;-N i A L fZ FI 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): i N �1C�rl r s l i) i✓ C> = 7 7 b A EK L-) i Sc;v 1 i l') r= �_..1i i i tom) �:yZ<�cL rj Z �- 3 X 12 r, h, }r r & 170 X 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING August 4, 2004 TO: TIIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #10-04 FOR A.P.R. MINI -STORAGE, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, August 18, 2004, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #10-04 of A.P.R. Mini -Storage, LLC, submitted by Foltz Land Surveying, to rezone 2.5473 acres from RA (Rural Areas) District to B 1 (Neighborhood Business) District, and 10.1134 acres from RA (Rural Areas) District to B2 (General Business) District. This property is located on the north side Of Route 776, about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial District, and is identified by Property Identification Number (PIN) 64B-A-38. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: ,A,ww.co.frederick.va.us. Sincerely, eV a"'c'z' /'�('�e Candice E. Mills Planner I CEM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 This is to cei i that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 64B • A• • 33-B 64B - A- - 38- BEAVER, RALPH F A.P.R. MINI STORAGE, LLC 127 MERCEDES CT 135 BUFFLICK RD WINCHESTER, VA 22603.4638 WINCHESTER, VA. 22602.4546 64B • A- - 63- PEARSON, JOHN A & DONNA T Foltz Land Surveying PO Box 23 192 BUFFLICK RD Stephens City, VA 22655 WINCHESTER, VA 22602.4538 64B - A- - 64- 64B - A- - 33-A ORNDORFF, JOHN MITCHELL BEAVER, MARJORIE G 399 WINDSOR LN WINCHESTER, VA. 22602.2332 1400 OPEGUON AVE WINCHESTER, VA. 22601.4404 64B - A• - 67- EAVES, PATRIZIO ALLEN 64B - A- - 39. 160 BUFFLICK RD WINCHESTER REGIONAL WINCHESTER, VA 22602-4538 491 AIRPORT RD WINCHESTER, VA. 22602.4517 64B - A- - 68- ASHBY, LILY M 64B • A- - 40. ROSENBERGER, EDNA S 154 BUFFLICK RD WINCHESTER, VA 22602-4538 223 BUFFLICK RD WINCHESTER, VA. 22602.4547 64B - A. - 41 • WISECARVER, JAMES E Candice E. Mills, Planner I 203 BUFFLICK RD Frederick County Planning Dept. WINCHESTER, VA 22602.4547 STATE OF VIRGINIA COUNTY OF FREDERICK r InL�, a Notaiy Public in and for the State and County aforesaid, hereby certify that C66dice E. Mills, Planner I for thADe rt ent of Plamiing and Development, whose name is signed to the foregoing, datedU has personally appeared before me and acknowledged the same in my Sd County aforesaid. Given under my hand this day of a'e_ My commission expires on 64B - A- - 70. MATHISON, MILFORD J _ �pifi 3920 NORTHWESTERN PIKE NOTARY BLIC WINCHESTER, VA 22603.3751