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HomeMy WebLinkAbout014-06 Glaize Property - 1.38 Acres RA to B2 - Gainesboro - Backfileo Y � N v o 0 _ N M Y 0 U Ij'wjll N 7� wa�3� �n DATE V� RECEIVED FROM �-- ADDRESSJ()S' L 67f-1-1 Jh A Q-x Uu% c soy►')2'(At JFOR RENT 25 a J FOR �� vn V (. /� PYl 1 11 AMT. OF CASH ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER BY -^ NO.9i84. `.ZONING TRACKING SAT 'fi i 1 Q ,c U � - �v DATE tj © Application received/file opened lo )jo Reference manual updated/number assigned D-base updated O b t) Copy of adj oiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing �OZ-o/C_ o Q 10(4 t no Q Va" 1 I " bhwk = - location map ordered from Mapping /D• / / • DCo hCU�-File given to office manager to update Application Action Summary CU blic h ae nng date ACTION: 6 Wo7 1 /L7 D i BOS public he ng date ACTION:W;)' �f110% Signe copy o tion-foramendment-of ordinance, with conditions proffered lcopr [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.) j / O Action letter mailed to applicant ,34/0-7 Reference manual and D-base updated 6'' File given to office manager to update Application Action Summary (final action) . D File given to Mapping/GIS to update zoning map Zoning map amended U'1CarohCommonuracki ng. rez Revised: 05/09/02 i RICK C T� Department of Planning and Development 540/665-5651 FAX: 540/665-6395 March 1, 2007 Mr. John Lewis Painter -Lewis, PLC 116 S. Stewart St. Winchester, VA 22601 RE: REZONING 414-06, GLAIZE PROPERTY Dear John: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of February 28, 2007. The above -referenced application was approved to rezone 1.3 8 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use. The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50), Round Hill Road (Route 803) and Retail Boulevard, in the Gainesboro Magisterial District, and is identified with Property Identification Number 52-A-252. 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, j," x. Susan K. Eddy Senior Planner SKE/bad Attachment cc: Gary W. Dove, Gainesboro District Supervisor George Kriz and Charles Triplett, Gainesboro Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue George W. Glaize, Jr., 30 S. Cameron St., Winchester, VA 22601 107 North Rent Street, Suite 202 m Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION #14-06 GLAIZE PROPERTY Staff Report for the Board of Supervisors Prepared: February 5, 2007 Staff Contact: Susan K. Eddy, Senior Planner 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. Planning Commission: Planning Commission: Board of Supervisors: Board of Supervisors: Reviewed November 1, 2006 December 20, 2006 January 10, 2007 February 28, 2007 Action Tabled for 30 days by Planning Commission Recommended denial Postponed by Applicant Pending PROPOSAL: To rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50), Round Hill Road (Route 803) and Retail Boulevard. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 52-A-252 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) South: B3 (Industrial Transition) RA (Rural Areas) East: B3 (Industrial Transition) RA (Rural Areas) West: B3 (Industrial Transition) Use: Orchard & commercial Use: VDOT Facility Conunercial Use: Vacant Residential Use: VDOT Facility 0 • Rezoning #14-06, Glaize Property February 5, 2007 Page 2 PROPOSED USES: Commercial use REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 803. These routes are the VDOT roadways which have been considered as the access to the property referenced. If Frederick County is satisfied with the amount being offered in Proffer #8 ($10,000.00), then VDOT is satisfied that the revised transportation proffers offered in the Round Hill/Glaize Properly rezoning application dated November 21, 2006 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 traffic flow data from the I.T.E. Trip General Manual, Seventh Edition for review. VDOT reserves the right to continent 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. Fire Marshal: Water supply (i.e., fire hydrants) will need to be addressed when site plan is submitted. Plan approval recommended. Public Works Department: We have completed our review of the rezoning application for the 1.38 acre parcel I.D. 952-A-252 and offer the following comments: 1. Refer to Page 4, Drainage: Offsite drainage easements may be required to acconuriodate point -source discharges. 2. Refer to Page 4, Solid Waste Disposal Facilities: Correct the first sentence to read the nearest citizens' trash ... is located on Route 809, McFarland Road, which is off Magic Mountain Road. Actually, the proposed rezoning from RA to B2 will required that the cost of solid waste disposal will be the responsibility of the commercial property owner, not Frederick County. The actual impact on the landfill will be insignificant. Frederick -Winchester Service Authority: No comments, is now within SWSA. Sanitation Authority: Should the parcel be brought into the SWSA, the cost of extending service will be the developer's responsibility. Currently, there is water and sewer service on the north side of US 50. Frederick -Winchester Health Department: Health Department has no objection as long as public water and sewer are provided. Refer to items D & E in the Impact Analysis Statement. Frederick County Department of Parks & Recreation: No continent. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon buildout. 0 • Rezoning #14-06, Glaize Property February 5, 2007 Page 3 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources 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 properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Site in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the Second Battle of Kernstown; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comirrents: 1. I would suggest, for uniformity and easy -reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be summarized at the beginning as set forth on the enclosed format. This format has been used in all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs are substantive paragraphs of the proffer statement. 3. The second paragraph discusses public water and sewer. It appears that public water and sewer is not currently available to the property. At the end of that paragraph it is stated "See Proffer #1." However, Proffer #1 (the only proffer) does not have anything to do with water and sewer. I would suggest that a separate proffer be added, under the Proffers section, which provides that development of the property shall not occur, and no site plan shall be submitted, until public water and sewer is available to the property. 4. In the third paragraph, instead of the language "development of this property would require the owner to meet the conditions set forth in this document" at the end of the first sentence, I would suggest the following language: "...the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer." 5. In the third paragraph, the second sentence should be deleted, and the following should be added to the end of the first sentence (as hereinabove amended): "...except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance." 6. A paragraph should be added to the initial paragraphs which contain a description of the property, to include a description of the general location of the property, the title owner, the acreage and a citation to the land records (deed book and page number, or instrument number) where the owner of the property acquired title. 7. It is noted that there has been no Generalized Development Plan submitted with these proffers. Therefore, it is noted that this proffer does not commit the applicant to any specific development plan. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Planning Department: Please see attached letter dated Deceinber 8, 2005ftoin Susan K. Eddy, Senior Planner. Rezoning #14-06, Glaize Property February 5, 2007 Page 4 PlanninjZ & ZoninjZ: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently 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) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for snaking decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The site is located within the County's Sewer and Water Service Area (SWSA), but outside the Urban Development Area (UDA). The site is within the limits of Phase II of the Round Hill Community Land Use Plan (revised May 10, 2006). The plan calls for conunercial development in the Phase II area; therefore, the proposed use is supported in the Round Hill Plan. The Round Hill Plan also recommends a number of design features for commercial development along Route 50. This is to minimize visual disruption and keep Route 50 West from becoming a typical commercial strip. The Plan recommends only one freestanding sign for each property. This is to be a monument style sign, with a maximum sign face of 50 square feet and a maximum height of 12 feet. The plan calls for a 20 foot landscaped strip along Route 50. Included within this strip are to be a sidewalk, ornamental shrubs and street trees. The plan also calls for the placement of buildings close to Route 50 with landscaped parking lots in the rear. (A copy of the adopted Round Hill design standards is included at the end of this report) Staff Note: Along Route 50 the applicant has proffered to provide the landscaped strip with sidewalk as called for in the Round Hill Plan. Signage has been limited. The applicant has not committed to placing the building close to the intersection with the parking behind the building. Transportation The Round Hill Plan calls for "a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages the proliferation of entrances along Route 50 itself'. The Plan's standard for this section of Route 50 (which exceeds the Zoning Ordinance Standard) is for connnercial entrance spacing of 200 feet. The proposed right -in only • 0 Rezoning #14-06, Glaize Property February 5, 2007 Page 5 entrance on Route 50 will be just over 200 feet from the intersection of Round Hill Road. An additional lane will be constructed by the applicant along their frontage on Round IIill Road, and the full entrance on Round Hill Road placed near the southern edge of the property. Route 50 is classified as a minor arterial road. The emerging Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. Staff Note: Improvements to the Route SO corridor are being pursued by the County and VDOT. These include future road ividening and pedestrian signalization at key intersections, such as this one. The applicant has proffered $10,000 towards these improvements. 3) Site Suitability/Environment The site does not contain any enviromnental features that would either constrain or preclude site development. h1 particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcel identified in this application. The General Soil Map of the Soil Survey of Frederick County, Vir inia indicates that the soils comprising the subject parcel falls under the Frederick-Poplimento-Oaklet soil association. The predominant soil types on the site is Frederick-Poplimento loam, 14B (2 to 7 % slopes) and 14C (7-15% slopes). The characteristics of these soil types and any implications for site development are manageable through the site engineering process. 4) Potential Impacts A. Transportation A full Traffic Impact Analysis (TIA) was not prepared for this project. The traffic impact analysis prepared for this application assumed a maximum land use intensity of 29,480 square feet of retail use. (This is the worst case scenario as called for in the County's rezoning application.) Using trip generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the proposed rezoning is projected to generate 1,700 average daily trips (ADT). As stated in the VDOT continent, this will have a measurable impact on Routes 50 and 803. The applicant has proffered $10,000 towards Route 50 road improvements. B. Sewer and Water The site is within the sewer and water service area (SWSA). As stated in the comment from the Sanitation Authority, the cost of extending water and sewer service will be the developer's responsibility. C. Community Facilities h1 recognition of the impacts that may be realized by this development to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $1,000. 0 • Rezoning # 14-06, Glaize Property February 5, 2007 Page 6 5) Proffer Statement — Dated September 2, 2005 with latest revision dated November 29, 2006 A) Monetary Contribution A contribution of $1,000 has been proffered to Frederick County for the Round Hill Community Fire and Rescue Company. B) Generalized Development Plan (GDP): Dated 11/29/06 The GDP shows the two entrances, the frontage improvements and the sidewalks. C) Restricted Access to Route 50 A right -in only entrance will be provided on Route 50. D) Round Hill Road Improvements A full entrance will be provided on Round Hill Road. The applicant will be constructing a new lane and a sidewalk on Round Hill Road in front of this property. E) Frontage Improvements The applicant will be constructing a curb and gutter along Route 50 and Round Hill Road. F) Design Features Along Route 50, the applicant will be providing a 20 foot landscaped strip with shade trees and evergreen plants. A five foot sidewalk will also be located in that strip. G) Design Features - Signage Signage is limited to one monument sign per development with a sign face not to exceed 50 square feet and a height not to exceed twelve feet. H) Monetary Contribution $10,000 will be provided for Route 50 road improvements. I) Parking Two rows of parking and a travel lane will be allowed in front of the building. STAFF CONCLUSIONS FOR 11/01/06 PLANNING COMMISSION MELTING: The land use proposed conforms to the Round Hill Land Use Plan. The applicant should be fully addressing the design elements of the Plan, specifically the 20 foot landscaped strip outside of the right- of-way and the placement of the building close to Route 50, with the landscaped parking behind the building. The applicant should also provide a sidewalk on Round Hill Road and address the wider transportation needs in the Route 50 Corridor. Rezoning #14-06, Glaize Property February 5, 2007 Page 7 PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: In response to the staff s report, the applicant's representative said that the issues raised by the staff were design issues and they would prefer to address those at the site plan stage because, at this point in time, they are uncertain what the uses will be on the site. Members of the Commission stated that this was the first rezoning coming in for this expanded SWSA area and they expected more to follow. They believed the Commission needed to set a standard with regards to what is expected of applicants to meet the design requirements of the Round Hill Land Use Plan. Also, with the recent expansion of the SWSA, it was clearly spelled out what the County expected in the way of right-of-way improvements and standards. Connnissioners believed that having the design standards in place was paramount for this property to be rezoned. There were no public continents regarding this rezoning during the public hearing. A motion was made, seconded, and unanimously passed to table the rezoning application for 30 days to allow the applicant to meet with the staff regarding the design elements of the Round Hill Land Use Plan that were expected to be incorporated on this site with the rezoning of the property. (Note: Commissioners Light, Ours and Thomas were absent from the meeting.) STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING: A number of changes were made by the applicant following the 11/01/06 Planning Commission meeting to address concerns raised by the Planning Commission. The conunercial land use proposed conforms to the Round Hill Land Use Plan. However, the Round Hill Plan specifically calls for comn-iercial buildings to be sited close to Route 50, with the parking behind the building. The applicant is not proposing this site layout. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/20/06 MEETING: The applicant's representative stated that prohibiting parking in front of the building would pose design challenges. He specifically cited issues related to required setbacks and storm water management. There were no public comments. Planning Commissioners noted that this was the first application to come forward for a rezoning since the adoption of the Round Hill Community Land Use Plan in 2006. Connnissioners were clear that they wanted the design standards in the plan followed. A motion was made, seconded, and unanimously passed to deny this application because it did not conform to the design standards in the Round Hill Community Land Use Plan. Rezoning #14-06, Glaize Property February 5, 2007 Page 8 (Note: Commissioners Watt and Thomas were absent from the meeting.) Since the Planning Commission meeting on December 20, staff has met with the applicant's representative to further discuss design standards. Staff shared ideas for how the site could be designed to accommodate B2 uses while providing parking behind the building. The applicant's representative shared with staff his concerns with accommodating the parking in the rear given that it is a small site. Other concerns were the front setback, the marketability of the site with parking in the rear and maximizing the frill potential of the site with parking in the rear. STAFF CONCLUSIONS FOR 02/28/07 BOARD OF SUPERVISORS MEETING: This application, in terms of use, is generally consistent with the Comprehensive Policy Plan. The proposal addresses a majority of the design principles contained in the Round Hill Community Land Use Plan. The Round Hill plan encourages the placement of commercial buildings close to Route 50, with the parking behind the building. The applicant is seeking to allow two rows of parking in front of the building. In determining an action, the Board might consider if the proposal sufficiently meets the policies of the Comprehensive Policy Plan and mitigates identified impacts. Following the required public hearing, a decision regarding 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. 0 0 Extract from the Round Hill Community Land Use Plan Adopted May 10, 2006 IR» (Design Principles for the Round Hill Route 50 Corridor Street trees in the median, along both sides of the ditch; Freestanding signs — one monument sign per development (maximum size - 50 feet, maximum height — 12 feet); No off -premise business signs; Crosswalks at signalized intersections, with signals for pedestrians; Interparcel connectors required between all properties planned for commercial development (even if currently zoned RA and used for residential purposes) to encourage shared entrances; Commercial entrance spacing — 200 feet if speed limit is 35 mph or less, 250 feet if speed limit is greater than 35 mph, to encourage shared entrances; A row of evergreens in addition to the ordinance required buffer and screening adjacent to areas plamied to remain residential; Underground utilities; Encourage7the placement of buildings close to Route 50 with landscaped parking lots in the rear; North side of Route 50: 50 foot landscaped strip, within the landscaped strip a 10 foot asphalt bike trail, ornamental shrubs and street trees along Route 50 South side of Route 50: 50 foot landscaped strip (20 feet for small tracts), within the landscaped strip a 5 foot concrete sidewalk, ornamental shrubs and street trees along Route 50 REZ#14.06 wt ^F P el rI r1� T H/ RCHARD 5 A A 4 ac. ' 1 1 i� Round Hill'Lrossmy B2 / llii/r\• WIN�1 E ER WAREHOUSIN �- 52 A B 28.17 ac. - ( \/ Northtccs t<•rvr•1'ikc• r r � 1 Northct: o �• v A ?S4A ac 1 P17 Frederick County, VA Rezoning # 14 - 06 Application Glaize Property Parcel ID: 52 • A • 252 Location in the County Map Features • Application Zoning O Lakes/Ponds B1 (Business, Neighborhood Distnct) -'^ Streams B2 (Business, General District) -3 Flooplain 40 B3 (Business. Industrial Transition District) �- Topography 40 EM (Extractive Manufactunng District) Buildings 4M HE (Higher Education District) Streets 40 M1 (Industrial, Light District) �. Primary M2 (Industrial, General Distinct) Secondary • MH1 (Mobile Home Community District) Tertiary MS (Medical Support District) Winchester City R4 (Residential, Planned Community District) -1+ Railroads R5 (Residential Recreational Community Distn.• O Property Lines RA (Rural Areas District) Landuse RP (Residential Performance District) 4 Development Area 4Urban 11, SWiSA Winahesle Virginia � o C Location in Surrounding Area i� © � P FEZ # 14 - 06-!'`:i"•1' FRUIT HILL ORCHARD 53 A A 73.34 ac. CGIVP 2 AE 4.96ac. )` Round Hill 6r0csing "A rt WINCHESTER WAREHOUSING 11., 12 `,1)r 52 A B ?0.53aCO 28.17 ac. CG►yp LP 52 A F 3.43 ac. � aA 5 20.53 ac. U WP. LP 2i M ci a m a o — 52 A 2.99ac. 50 \'ur[hiccs tc•rn•likr•.�r c' V '� o Q m Firs ank Qn N' 52 A 1� L 1.5ac. *Ilk Inv No,�. Ili ��i•ar•r n�l'ikr•+��_ VDOT Q s 'FG 52 A 71A `v( 14.32 ac. 4I N+W'u ORLN! RD � S?UTOlb Jim ryQ �. R C 4 633 7S44 C2/n'G Byre do r� blre Srer7 S B1Sy� wnRo Frederick County, VA Rezoning # 14 - 06 Application Glaize Property Parcel ID: 52 - A - 252 0 Location in the County Map Features • Application Long Range Land Use Lakes/Ponds Rural Community Center �— Streams Residential M Flooplain Business Streets '' Industrial 4%* Primary '=>" Institutional Secondary Recreation Terciary -'N Historic Winchester City ® Mixed -Use �r Railroads Z& Planned Unit Development C> Property Lines Landuse Urban Development Area SWSA Virginia I 53 EAR N\� O'DO14 "'/ i a7�239.92 ac.c. 53 AA 8686 \ 14.54 ac. Location in Surrounding Arez a� 1p11,1m1,11f .Ty, P REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff � ddJo Fee Amount Paid $ �D �7 Zoning Amendment Number Date Received 1 o ` e 6 C Hearing Date 111dat, BOS Hearing Date_ , /t} a _1 1�A o -4 i 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: P(Z I n Cer " Le W (S PSG Telephone: SqO btc;�- 5-'7L/2 Address: (b S-�_-Wct rt W1nc-nes1er, VA 3L�(oot 2. Property Owner (if different than above) Name: (4e0Qe W 6 (a 1 Ze Sr Telephone: J c�y Address: 30 5 U P1)CrO rl St, - W c ncn es tc r, VA GIA coo i 3. Contact person if other than above Name: A,k)h n CtW1s Telephone: )W 4. Checklist: Check the following items that have been included with this applicati n. Location map ✓ Agency Comments Plat ✓ Fees ✓ Deed to property i Impact Analysis Statement ✓ Verification of taxes paid 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: Ce0 rcq,c W - C I C( I Z.(C , J )� . 6. A) Current Use of the Property: RA V Q CG nJ B) Proposed Use of the Property:'Ba - Business Q(Shnct 7. Adjoining Property: PARCEL ID NUMBER �a- A- (� -A -'1 lR USE Va ca n � VPOT rYId,n}(f176n(C 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): Roue 50 anc. RovrdliIlL Road �. R+ '�C�3 C I n �,F- sec^h o n ) 12 E • 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: Square Footage of Proposed Uses Office: Service Station: Retail: ] Manufacturing: Restaurant: Warehouse: 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 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): , : Date: Date: Owner(s): Date: Date: 13 0 Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. [Name and Property Identification Number Address Name Wmchesfer WcAithowng Inc Po. boX a3�� W 1 47 Ch eS fe I J VA ',)a Coo q Property # � _ Name OomMon veClr ln/", � paq-CC S�ouohonl V �,qLl0?, Property# Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 14 02/22/2006 08:42 5406625793 PAINTERLEWIS PAGE 02 Special Limited Power of Attorney County of Frederick, Virginia m - __,- - Planning Ofnee, County of Dederick, Virginia,,107 North Kont Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665%i95 Know All Men By These Presents: That I (We) (Name) George W Glaize, Jr (Phone)540-662-5058 (Address) 30 S Cameron Street Winchester, VA 22601 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 ?.nstrument No. on Page , and is described as ParcelG�Sa Lot - Block: _)Q-_ Section- 50i Subdivision: do hereby make, constitute and appoint: CNarne) Pa I nt-er Lewis P L . C - _ (Phone) o .• Wba - 5' q 'a (Address) 110 5 Ste_VJQrt St. W 1 nChe-��tltr, \/A a (00 1 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: i3" 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. I In witness thereof, I (we) have hereto set my (our) hand and seal this day of A 2-00 Signa Statl6rof Virginia, City/C. of C1lX S0A J;. F12 , To -wit: I, 1 /elf /(—, / , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before mein the jurisdiction aforesaid this - day of!%l�, 200�. My Commission Expires: Notary Pu it' �e%41Z,4 PUB0' TF • OF '4%N r�� tlo ID ROUTE 803 LEGEND IRF — IRON ROD FOUND IPF — IRON PIPE FOUND FLOOD NO TE:- ZONE.• C COMMUNITY NO.: 51006J PANEL: 0115 B DA 7F• 07-17-78 NO 7FS• PIN 52-A- COMMONWEALTH OF VIRCINIA, DEPAR T OF TRANSPORTATION DB 837 PG 1538 N ZONING: 82 - USE: EXEMPT N 73 59 54 " W 241.00' N I N Q N N t!7 to Z Z d d PIN 52-A -252 1.3831 ACRES ZONED: RA USE: RESiCeffl L . I Ey X/S77GDWELL/NGN BE BE RMO VED 5'77NG DWELLING I BE REMOVED S 73 59 54 " E 241.00' U.S. ROUTE 50 N NORTHWESTERN PIKE VARIABLE WIDTH R/W REA TABULA 770N ORIGINAL PIN 52-A-252 32, 750 SO. FT. VA CA TON OF PlN 52—A-25J 27,, 500 SO. FT. ADJUS7£D PIN 52—A-252 60,250 SO. FT. OR 1..38.31 ACRES GRAPHIC SCALE 50 0 25 50 100 1. NO 777ZE REPORT FURNISHED. 2 PROPERTY IDEN 77FICA 77ON NO. 52—A-252 & 25J 7 EASEMENTS MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT.. 1 inch = 50 ft. THE BOUNDARY INFORMA7701V SHOWN HEREON IS BASED ON AN ACTUAL FIELD RUN SURREY MADE W MARCH 17, 2005 AND ORIENTED TO A PLAT DATED AUGUST 1, 1961 BY LEE A. ESERT, L.S IND A PLAT DA7FD NOVEMBER 28,, 1994 BY H. BRUCE EDENS, L.S. 3837A PLA T OF CONSOLIDA 77ON OF THE LANDS OF GEORGE W. GLA/ZE, 1JR. PROF/T SHARING TRUST INSTRUMENT NUMBER 040025400 INS77?UMENT NUMBER 05000209J GAINS-SBORO MAGIS7FRIAL DISTRICT FREDERICK COUNT; VRGINIA MARCH 29, 2005 Kt` ^, TH OF '�' o ,r�o �G f ou ge + .. . 01 97 o Ar %�l9 �L 04. SHEET 2 OF 2 �I�+*t1 N+� DAF 73 f 1. 2 5 4. Oi AI PIN 5 71A COMMONWEALTH OF VIRGINIA, RTMENT OF TRANSPORTATION DB 837 PG 1538 /1, N 735954'_W I10.00' N 7J5954" W 1.31.06 P/N 52-A -25J I 27, 500 50. FT. 1 o o r 0 N �I �I 0 0 0 �o BREEZEWAY -ONr DECK 52.3' GARA GEJ 2 43.9' 34.9' M 5 O TRB P/N 52-A -25, ,32, 750 SO. FT. T0.3' STORY & FRAME VG 12255 (Au 35.0' U. i , u[I I Z) :_-J-�r Q3 ; ONE STORY 17.2 ONG �5 r a�+,t9R/CK &FRAMES ; ;CARPCRT Qo I'DPIELL/NG 42243c j WCa ;aMLP ASPHALT 1 M DRIVEWAY to _ 01 54 " E 110. 00' IRF ,� S 7j 59 54" E 131. C _ ROUTE 50 N NORTHWESTERN P/KE VAR/ABLE WIDTH R/W G ND IR,r — IRON ROD FOUND IPF — IRON PIPE FOUND 7R6 — TELEPHONE RISER BOX '-L OOD NO IF- WC - WELL CAP TONE C MLP - METAL LIGHT POLE 70MMUN/TY NO.: 51006 3 - WOOD U71UTY POLE 'ANEZ: 0115 B -�--- OVERHEAD UTILITY LINE ATF• 07-17-78 GRAPHIC SCALE lO TES:• 50 0 25 50 100 NO 777LE REPORT FURNISHED. PROPERTY IDEN 7Y7CA 77ON NO 52-A-252 & 25J EASEMENTS MAY EXIST FHAT ARE NOT SHOWN ON 7NIS PLAT. 1 inch = 50 ft. 777E BOUNDARY /NFORMA77ON SHOWN HEREON IS BASED ON AN ACTLIAL FIELD RUN SURREY MADE I MARCH 17 2005 AND OREN= TO A PLA T DA 7FD AUGUST 1, 1961 BY LEE A. EBERT, L S. i ID A PLA T DA TED NOVH. SWEER 2B, 1994 BY BRUCE EDENS, L. S. ID 6837BDS BOUNDARY SUR VEY OF THE LANDS OF GEORGE W. GLAIZE, //? PROF/T SHARING TRUST /N57RUMENT NUMBER 040025400 /NS77RUMENT NUMBER 05000209J GA/NESBORO MAG/57FR/AL DISTRICT FREDERICK COUNTY, VIRGIN/A MARCH 21, 2005 No. 90497 Z 3 2l Os I D SUR` S-a "�fIINN DAF 0 • Rezoning # 14-06, Glaize Property t January 3, 2007 Page 4 Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently 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) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use The site is located within the County's Sewer and Water Service Area (SWSA), but outside the Urban Development Area (UDA). The site is within the limits of Phase II of the Round Hill Community Land Use Plan (revised May 10, 2006). The plan calls for commercial development in the Phase II area; therefore, the proposed use is supported in the Round Hill Plan. The Round Hill Plan also recommends a number of design features for commercial development along Route 50. This is to minimize visual disruption and keep Route 50 West from becoming a typical commercial strip. The Plan recommends only one freestanding sign for each property. This is to be a monument style sign, with a maximum sign face of 50 square feet and a maximum height of 12 feet. The plan calls for a 20 foot landscaped strip along Route 50. Included within this strip are to be a sidewalk, ornamental shrubs and street trees. The plan also calls for the placement of buildings close to Route 50 with landscaped parking lots in the rear. Staff Note: Along Route 50 the applicant has proffered to provide the landscaped strip with sidewalk as called for in the Round Hill Plan. Signage has been limited The applicant has not committed to placing the building close to the intersection with the parking behind the building. Transportation The Round Hill Plan calls for "a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages the proliferation of entrances along Route 50 itself'. The Plan's standard for this section of Route 50 (which exceeds the Zoning Ordinance Standard) is for commercial entrance spacing of 200 feet. The proposed right -in only Rezoning #14-06, Glaize Property January 3, 2007 Page 5 entrance on Route 50 will be just over 200 feet from the intersection of Round IIill Road. An additional lane will be constructed by the applicant along their frontage on Round Hill Road, and the frill entrance on Round Hill Road placed near the southern edge of the property. Route 50 is classified as a minor arterial road. The emerging Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. Staff Note: Improvements to the Ronte 50 corridor are being pursued by the County and VDOT. These include future f•oad widening and pedestrian signalization at key intersections, such as this one. The applicant has proffered $10,000 towards these improvements. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcel identified in this application. The General Soil Map of the Soil Survey of Frederick County, Vir ig nia indicates that the soils comprising the subject parcel falls under the Frederick-Poplimento-Oaklet soil association. The predominant soil types on the site is Frederick-Poplimento loam, 14B (2 to 7 % slopes) and 14C (7-15% slopes). The characteristics of these soil types and any implications for site development are manageable through the site engineering process. 4) Potential Impacts A. Transportation A frill Traffic Impact Analysis (TIA) was not prepared for this project. The traffic impact analysis prepared for this application assumed a maximum land use intensity of 29,480 square feet of retail use. (This is the worst case scenario as called for in the County's rezoning application.) Using trip generation figures from the I.T.E. Trip Generation Manual, 7"' Edition, the proposed rezoning is projected to generate 1,700 average daily trips (ADT). As stated in the VDOT comment, this will have a measurable impact on Routes 50 and 803. The applicant has proffered $10,000 towards Route 50 road improvements. B. Sewer and Water The site is within the sewer and water service area (SWSA). As stated in the comment from the Sanitation Authority, the cost of extending water and sewer service will be the developer's responsibility. C. Community Facilities In recognition of the impacts that may be realized by this development to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $1,000. E 0 Rezoning #14-06, Glaize Property January 3, 2007 Page 6 5) Proffer Statement — Dated September 2, 2005 with latest revision dated November 29, 2006 A) Monetary Contribution A contribution of $1,000 has been proffered to Frederick County for the Round Hill Community Fire and Rescue Company. B) Generalized Development Plan (GDP): Dated 11/29/06 The GDP shows the two entrances, the frontage improvements and the sidewalks. C) Restricted Access to Route 50 A right -in only entrance will be provided on Route 50. D) Round Hill Road Improvements A frill entrance will be provided on Round Hill Road. The applicant will be constructing a new lane and a sidewalk on Round Hill Road in front of this property. E) Frontage Improvements The applicant will be constructing a curb and gutter along Route 50 and Round Hill Road. F) Design Features Along Route 50, the applicant will be providing a 20 foot landscaped strip with shade trees and evergreen plants. A five foot sidewalk will also be located in that strip. G) Design Features - Si rage Signage is limited to one monument sign per development with a sign face not to exceed 50 square feet and a height not to exceed twelve feet. H) Monetary Contribution $10,000 will be provided for Route 50 road improvements. I) Parking Two rows of parking and a travel lane will be allowed in front of the building. Staff Note: The Round Hill Plan advocates the placement of buildings close to the street, with parking behind the building. STAFF CONCLUSIONS FOR 11/01/06 PLANNING COMMISSION MEETING: The land use proposed conforms to the Round Hill Land Use Plan. The applicant should be fully addressing the design elements of the Plan, specifically the 20 foot landscaped strip outside of the right- of-way and the placement of the building close to Route 50, with the landscaped parking behind the Rezoning # 14-06 Glaize Property January 3, 2007 Page 7 building. The applicant should also provide a sidewalk on Round Hill Road and address the wider transportation needs in the Route 50 Corridor. PLANNING COMMISSION SUMMARY AND ACTION OF THE 11/01/06 MEETING: In response to the staff s report, the applicant's representative said that the issues raised by the staff were design issues and they would prefer to address those at the site plan stage because, at this point in time, they are uncertain what the uses will be on the site. Members of the Commission stated that this was the first rezoning coming in for this expanded S W SA area and they expected more to follow. They believed the Commission needed to set a standard with regards to what is expected of applicants to meet the design requirements of the Round Hill Land Use Plan. Also, with the recent expansion of the SWSA, it was clearly spelled out what the County expected in the way of right-of-way improvements and standards. Commissioners believed that having the design standards in place was paramount for this property to be rezoned. There were no public comments regarding this rezoning during the public hearing. A motion was made, seconded, and unanimously passed to table the rezoning application for 30 days to allow the applicant to meet with the staff regarding the design elements of the Round Hill Land Use Plan that were expected to be incorporated on this site with the rezoning of the property. (Note: Commissioners Light, Ours and Thomas were absent from the meeting.) STAFF CONCLUSIONS FOR 12/20/06 PLANNING COMMISSION MEETING: A number of changes were made by the applicant following the 11/01/06 Planning Commission meeting to address concerns raised by the Planning Commission. The commercial land use proposed conforms to the Round Hill Land Use Plan. However, the Round Hill Plan specifically calls for commercial buildings to be sited close to Route 50, with the parking behind the building. The applicant is not proposing this site layout. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/20/06 MEETING: The applicant's representative stated that prohibiting parking in front of the building would pose design challenges. He specifically cited issues related to required setbacks and storm water management. Planning Commissioners noted that this was the first application to come forward for a rezoning since the adoption of the Round Hill Community Land Use Plan in 2006. Commissioners were clear that they wanted the design standards in the plan followed. A motion was made, seconded, and unanimously passed to deny this application because it did not conform to the design standards in the Round Hill Community Land Use Plan. 0 NT Rezoning #14-06, Glaize Property January 3, 2007 Page 8 (Note: Commissioners Watt and Thomas were absent from the meeting.) STAFF CONCLUSIONS FOR O1/10/07 BOARD OF SUPERVISORS MEETING: This application, in terms of use, is generally consistent with the Comprehensive Policy Plan. However, the Round Hill Plan, a component of the Comprehensive Policy Plan, specifically calls for commercial buildings to be sited close to Route 50, with the parking behind the building. The applicant is not proposing this site layout. Since the Planning Commission meeting on December 20, staff has shared with the applicant's representative ideas for how the site could be designed to accommodate B2 uses while providing parking behind the building. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors woatld be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. • 0 REZONING APPLICATION 414-06 GLAIZE PROPERTY Staff Report for the Planning Commission Prepared: October 16, 2006 Staff Contact: Susan K. Eddy, Senior Planner 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 Action Planning Commission: November 1, 2006 Pending Board of Supervisors: December 13, 2006 Pending PROPOSAL: To rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50), Round Hill Road (Route 803) and Retail Boulevard. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 52-A-252 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Orchard & commercial South: B3 (Industrial Transition) Use: VDOT Facility RA (Rural Areas) Commercial East: B3 (Industrial Transition) Use: Vacant RA (Rural Areas) Residential West: B3 (Industrial Transition) Use: VDOT Facility "I�I,o'";'lJ r�, n,T Rezoning #14-06, Glaize Property October 16, 2006 Page 2 PROPOSED USES: Commercial use REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 803. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Glaize Property rezoning application with a revision date of September 1, 2006 addresses transportation concerns associated with this request with the exception of the following item: Traffic from this development will have an impact on the Route 50 corridor. VDOT believes the applicant should participate in the mitigation of the traffic impacts. 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 General Manual, Seventh 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. Fire Marshal: Water supply (i.e., fire hydrants) will need to be addressed when site plan is submitted. Plan approval recommended. Public Works Department: We have completed our review of the rezoning application for the 1.38 acre parcel I.D. #52-A-252 and offer the following comments: 1. Refer to Page 4, Drainage: Offsite drainage easements may be required to accommodate point -source discharges. 2. Refer to Page 4, Solid Waste Disposal Facilities: Correct the first sentence to read the nearest citizens' trash.....is located on Route 809, McFarland Road, which is off Magic Mountain Road. Actually, the proposed rezoning from RA to B2 will required that the cost of solid waste disposal will be the responsibility of the commercial property owner, not Frederick County. The actual impact on the landfill will be insignificant. Frederick -Winchester Service Authority: No comments, is now within SWSA. Sanitation Authority: Should the parcel be brought into the SWSA, the cost of extending service will be the developer's responsibility. Currently, there is water and sewer service on the north side of US 50. Frederick -Winchester Health Department: Health Department has no objection as long as public water and sewer are provided. Refer to items D & E in the Impact Analysis Statement. Frederick County Department of Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon buildout. Rezoning #14-06, Glaize Property October 16, 2006 Page 3 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the I IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Site in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the Second Battle of Kernstown; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: I. I would suggest, for uniformity and easy -reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be summarized at the beginning as set forth on the enclosed format. This format has been used in all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs are substantive paragraphs of the proffer statement. 3. The second paragraph discusses public water and sewer. It appears that public water and sewer is not currently available to the property. At the end of that paragraph it is stated "See Proffer 41." However, Proffer #1 (the only proffer) does not have anything to do with water and sewer. I would suggest that a separate proffer be added, under the Proffers section, which provides that development of the property shall not occur, and no site plan shall be submitted, until public water and sewer is available to the property. 4. In the third paragraph, instead of the language "development of this property would require the owner to meet the conditions set forth in this document" at the end of the first sentence, I would suggest the following language: "...the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer." 5. In the third paragraph, the second sentence should be deleted, and the following should be added to the end of the first sentence (as hereinabove amended): "...except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance." 6. A paragraph should be added to the initial paragraphs which contains a description of the property, to include a description of the general location of the property, the title owner, the acreage and a citation to the land records (deed book and page number, or instrument number) where the owner of the property acquired title. 7. It is noted that there has been no Generalized Development Plan submitted with these proffers. Therefore, it is noted that this proffer does not commit the applicant to any specific development plan. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. PlannintZ Department: Please see attached letter dated December 8, 2005, front Susan K. Eddy, Senior Planner. ,NOT CATIRM,11INT Rezoning 414-06, Glaize Property October 16, 2006 Page 4 Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned A-2 (Agricultural General). The County's agricultural zoning districts were subsequently 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) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Play, p. 1-1] Land Use The site is located within the County's Sewer and Water Service Area (SWSA), but outside the Urban Development Area (UDA). The site is within the limits of Phase II of the Round Hill Community Land Use Plan (revised May 10, 2006). The plan calls for commercial development in the Phase II area; therefore, the proposed use is supported in the Round Hill Plan. The Round Hill Plan also recommends a number of design features for commercial development along Route 50. This is to minimize visual disruption and keep Route 50 West from becoming a typical commercial strip. The Plan recommends only one freestanding sign for each property. This is to be a monument style sign, with a maximum sign face of 50 square feet and a maximum height of 12 feet. The plan calls for a 20 foot landscaped strip along Route 50. Included within this strip is to be a pedestrian facility, ornamental shrubs and street trees. The plan also calls for the placement of buildings close to Route 50 with landscaped parking lots in the rear. StaffNote: The applicant has proffered a 10 foot asphalt trail along Route 50. This is shown on the GDP in the public right of -way. This will preclude anticipated road widen ings in the future. The applicant has not proffered the 20 foot landscaped area, which should also be outside of the public right-of-way. (The Wal-Mart development has the landscaped area, including the bike path, outside of the right-of-way.) The applicant has proffered parking lot landscaping, although the amount and type ofplanting is unclear. The applicant should also consider a sidewalk along Round Hill Road As this area develops commercially, pedestrian movement will be more important. While reduced signage has not been specifically proffered, there is a note on signage on the GDP. Design features should be more carefully considered and the design proffers should be re -written. • • Rezoning #14-06, Glaize Property October 16, 2006 Page 5 Transportation The Round IIill Plan calls for "a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages the proliferation of entrances along Route 50 itself'. The Plan's standard for this section of Route 50 (which exceeds the Zoning Ordinance Standard) is for commercial entrance spacing of 200 feet. The proposed right -in only entrance on Route 50 would be approximately 150 feet from the intersection of Round Hill Road. An additional lane will be constructed by the applicant along their frontage on Round Hill Road, and the frill entrance on Round Hill Road placed near the southern edge of the property. Route 50 is classified as a minor arterial road. The emerging Eastern Road Plan Generalized Cross Section Designation Map identifies this section of Route 50 as a six -lane divided road section. Staff Note: Improvements to the Route 50 corridor are being pursued by the County and VDOT, and have not been addressed by the applicant. These include fixture road widening and pedestrian signalization at key intersections, such as this one. The applicant should be participating in these efforts. 3) Site Suitability/Environment The site does not contain any environmental features that would either constrain or preclude site development. In particular, there are no identified areas of steep slopes, mature woodlands, floodplain or wetlands on the parcel identified in this application. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcel falls under the Frederick-Popliinento-Oaklet soil association. The predominant soil types on the site is Frederick-Poplimento loam, 14B (2 to 7 % slopes) and 14C (7-15% slopes). The characteristics of these soil types and any implications for site development are manageable through the site engineering process. 4) Potential Impacts A. Transportation A frill Traffic Impact Analysis (TIA) was not prepared for this project. The traffic impact analysis prepared for this application assumed a maximum land use intensity of 29,480 square feet of retail use. (This is the worst case scenario as called for in the County's rezoning application.) Using trip generation figures from the I.T.E. Trip Generation Manual, 7°i Edition, the proposed rezoning is projected to generate 1,700 average daily trips (ADT). As stated in the VDOT comment, this will have a measurable impact on Routes 50 and 803. The applicant should be prepared to address all impacts associated with these roads. B. Sewer and Water The site is within the sewer and water service area (SWSA). As stated in the comment from the 0 • Rezoning #14-06, Glaize Property October 16, 2006 Page 6 Sanitation Authority, the cost of extending water and sewer service will be the developer's responsibility. C. Community Facilities In recognition of the impacts that may be realized by this development to the Fire and Rescue Services, the applicant has proffered a contribution in the amount of $1,000. 5) Proffer Statement— Dated September 2, 2005 with latest revision dated October 11, 2006 A) Monetary Contribution A contribution of $1,000 has been proffered to the Round Hill Community Fire and Rescue Company. Staff Note: It is County practice to channel cash contributions through County Administration, so that proffers can be enfa-ced This proffer should be re -worded accordingly. B) Generalized Development Plan (GDP) The GDP shows the two entrances, the frontage improvements and a bike trail. Staff note: The note at the bottom of the GDP appears to confine the signage to one monument sign, 50 square feet in area and 12 feet in height, as per the Round Hill Platt. It would be better if the applicant stated this clearly in the proffer statentent. C) Site Access A right -in only entrance will be provided on Route 50. A full entrance will be provided on Round Hill Road. D) Road Improvements The applicant will be constructing a new lane on Round Hill Road in front of this property. Staff note: A sidewalk is requested along Round Hill Road. VDOT has commented that the applicant should be contributing towards the wider improvements along Route 50, which has yet to be addressed by the applicant. Greater detail of the proffered improvements should be considered E) Bike Trail The applicant will be constructing a 10 foot asphalt bike trail along Route 50. F) Parking Lot Landscaping The applicant has proffered parking lot landscaping, although it is unclear what landscaping is being provided. Rezoning #14-06, Glaize Property October 16, 2006 Page 7 STAFF CONCLUSIONS FOR 11/01/06 PLANNING COMMISSION MEETING: The land use proposed conforms to the Round Hill Land Use Plan. The applicant should be fully addressing the design elements of the Plan, specifically the 20 foot landscaped strip outside of the right- of-way and the placement of the building close to Route 50, with the landscaped parking behind the building. The applicant should also provide a sidewalk on Round Hill Road and address the wider transportation needs in the Route 50 Corridor. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning- Commission. 9 • AMENDMENT Action: PLANNING COMMISSION: December 20, 2006 - Recommended Denial BOARD OF SUPERVISORS: February 28, 2007 ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING # 14-06 OF GLAIZE PROPERTY WHEREAS, Rezoning #14-06 of Glaize Property, submitted by Painter -Lewis, PLC, to rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use, was considered. The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50)/ Round Hill Road (Route 803)/Retail Boulevard, in the Gainesboro Magisterial District, and is identified by Property Identification Number 52-A-252. WHEREAS, the Planning Commission held a public hearing on this rezoning on November 1, 2006 and further considered this application on December 20, 2006; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 28, 2007; 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 1.3 8 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use, 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 #02-07 This ordinance shall be in effect on the date of adoption. Passed this 28th day of February, 2007 by the following recorded vote: Richard C. Shickle, Chairman Aye Barbara E. Van Osten Nay Gary Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Nay Philip A. Lemieux Na- A COPY ATTEST Jo . Rilty, Jr. Fr crick County Administrator PDRes #02-07 0 • DEC 5 2006 Proposed Proffer Statement Glaize Property Rezoning Rezoning #: Property: Recorded Owner: 1.38 ACRES PARCEL ID - 52-A-252 Glaize Real Estate Applicant: Mr. George Glaize, Jr. Glaize Real Estate 30 North Cameron St. Winchester, Virginia 22601 Project Name: Original Date of Proffers: Revision Date (s): Glaize Property Rezoning September 02, 2005 January 10, 2006 February 20, 2006 May 24, 2006 September 1, 2006 September 26, 2006 October 4, 2006 October 11, 2006 November 21, 2006 November 29, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0507007 PROFFER STATEMEO PARCEL ID 52-A-25 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # O (o for the rezoning of parcel 52-A-252 from RA to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Monetary contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Round Hill Community Fire and Rescue Company, No. 15 the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. 2.) Generalized Development Plan The owner agrees to proffer a Generalized Development Plan (GDP) dated 11/29/06 for the purpose of identifying the general configuration of the proposed commercial development and locations of site access. 3.) Restricted Access to Route 50 The owner agrees to install a right in only entrance on Route 50 eastbound, as required by Virginia Department of Transportation. The design of the entrance will be shown on the site plan. 4.) Route 803 Improvements The owner agrees to install a right turn lane, southbound on 803, into the project, as required by Virginia Department of Transportation. Improvements will also include a sidewalk along Route 803, in conformance with Virginia Department of Transportation standards. The improvements to Route 803 will be completed prior to the occupancy of any structure on the property. 5.) Frontage Improvements The owner agrees to provide curb and gutter along the frontage of the site, adjacent to Route 50 and Route 803, as required by Virginia Department of Transportation. The frontage improvements will be completed prior to the occupancy of any structure on the property. 6.) Design Features The owner agrees to provide a twenty (20) foot landscaped strip on the property running parallel with the Route 50 boundary line of the property. The owner agrees to construct a five (5) foot wide sidewalk running parallel with and contained within the landscape page 2 PROFFER STATEME& PARCEL ID 52-A-25 strip. The sidewalk will be owned and maintained by the property owner. The sidewalk will be completed prior to the occupancy of any structure on the property. Within the 20 foot landscaped strip, the owner agrees to provide shade trees, one per forty (40) feet of property frontage (totaling six (6)), and evergreen plants to create headlight screening. The landscape features will be completed prior to the occupancy of any structure on the property. 7.) Design Features — Signage The owner agrees to limit freestanding signs to one monument sign, per development, having a maximum size of 50 feet and a maximum height of 12 feet. This will be shown on the site plan as part of the development requirements. 8.) Monetary Contributions The owner agrees provide $10,000.00, for future transportation improvements within the Route 50 right-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 9) Parking The owner agrees that the development of the site will include no more than two (2) rows of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: ' (George-Ulaize, Jr., q'mer) /o Date City/County of �'y�J�� , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this day of �_Q,r�v� , 200 d , X1 �l�Jl ary Public My commission expires: page 3 t --- ------ -- — — — ------------ ----------------------------------------------------------- ------------------------- :.�.3.:'.i7Jrr6. dQ.: _ : _.:._..iiObli79-'"a.Sln%F(r� FsAW.`.... _._-__ - R/lr VAMES I PROFFER I — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — -- —-----=--� �3 _ - — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — S.B. U.S. ROM SO N0RrRWTS7XRN Pf" ---.. - _____________--- ____±_!_.. -- - 1 PROFFERL - ----------- `--�__—_ NLiffir>f� • ---- ------------- --- ----- PROFFER #8 I l I I I I I II II I Ca{IMOWNEAL IH OF NRGINIA f I DEPARTMENT OF MANSPORTA77ON -----�—\ PAY 52-A-77A ------ - — Z ZONED : 62 USE• EXEMPT LI f 1 I 1 I I I I I I I I I I I I I I Notes: 1. Underground Utilities will be installed as required by Frederick County and the Round Hill Community Use Plan. — — — — — — — COMMQVNEAL 7H OF NRQVA I I I PROFFER I I OEPAR1MENr OE mAN.sPaerA DON \ PIN 3Z-A-71A ZDNED : 82 L, USE.. EXEMPT .. ... _ I I ; , I j ,✓'" ; GEORGE W. GLAIZE, JR. ►I I. I PROFFERki PIN 52-A-252 I I I # PROPOSED ZONE: 82 I I 4 PR / / \ R PROPOSED USE: BUISNESS I I 0 LID H W 0- 0 IY a- Ir �gw 0- U a LLJ J 1 cc z Q a z N LLJ } LC) :2 I— N n- Z 0 =) Q LLJ I N W > C� Ln p Y C� p Cr :2E N W p J W Q Q' ll L.J Z L.1 L� 3 uV J Q 2 Zo U U4 SURVEY: C.! PL-PLC I DRAWN BY: JOB NC CBS 02O9Dl SCALE: DATi 1"=60.0' 11/29/1 SHEET: EXHIBIT R5 / 0 DEC 5 2006 Proposed Proffer Statement Glaize Property Rezoning Rezoning #: Property: Recorded Owner: 1.38 ACRES PARCEL ID - 52-A-252 Glaize Real Estate Applicant: Mr. George Glaize, Jr. Glaize Real Estate 30 North Cameron St. Winchester, Virginia 22601 Project Name: Original Date of Proffers: Revision Date (s): Glaize Property Rezoning September 02, 2005 January 10, 2006 February 20, 2006 May 24, 2006 September 1, 2006 September 26, 2006 October 4, 2006 October 11, 2006 November 21, 2006 November 29, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0507007 PROFFER STATENOT • PARCEL ID 52-A-25 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # t`i- Q(0 for the rezoning of parcel 52-A-252 from RA to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Monetary contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Round Hill Community Fire and Rescue Company, No. 15 the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. 2.) Generalized Development Plan The owner agrees to proffer a Generalized Development Plan (GDP) dated 11/29/06 for the purpose of identifying the general configuration of the proposed commercial development and locations of site access. 3.) Restricted Access to Route 50 The owner agrees to install a right in only entrance on Route 50 eastbound, as required by Virginia Department of Transportation. The design of the entrance will be shown on the site plan. 4.) Route 803 Improvements The owner agrees to install a right turn lane, southbound on 803, into the project, as required by Virginia Department of Transportation. Improvements will also include a sidewalk along Route 803, in conformance with Virginia Department of Transportation standards. The improvements to Route 803 will be completed prior to the occupancy of any structure on the property. 5.) Frontage Improvements The owner agrees to provide curb and gutter along the frontage of the site, adjacent to Route 50 and Route 803, as required by Virginia Department of Transportation. The frontage improvements will be completed prior to the occupancy of any structure on the property. 6.) Design Features The owner agrees to provide a twenty (20) foot landscaped strip on the property running parallel with the Route 50 boundary line of the property. The owner agrees to construct a five (5) foot wide sidewalk running parallel with and contained within the landscape page 2 PROFFER STATENOT PARCEL ID 52-A-25 strip. The sidewalk will be owned and maintained by the property owner. The sidewalk will be completed prior to the occupancy of any structure on the property. Within the 20 foot landscaped strip, the owner agrees to provide shade trees, one per forty (40) feet of property frontage (totaling six (6)), and evergreen plants to create headlight screening. The landscape features will be completed prior to the occupancy of any structure on the property. 7.) Design Features — Signage The owner agrees to limit freestanding signs to one monument sign, per development, having a maximum size of 50 feet and a maximum height of 12 feet. This will be shown on the site plan as part of the development requirements. 8.) Monetary Contributions The owner agrees provide $10,000.00, for future transportation improvements within the Route 50 right-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 9) Parking The owner agrees that the development of the site will include no more than two (2) rows of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: ' (George-Ulaize, Jr., g6ner) Date City/County of j'y ��J�'� , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this 5 day of 200 tc� qgitary Public QJ My commission expires: page 3 ------------ --- --- _._ . ._ u�.... _.....:..._.. -- / .-------------------------------------------------------�--- —i ��-------------------------_ :.....:.::...... R/Ir VARIES PROFFER ' I ------------------------------------------------------���/ EB. U.S. ROUTE 50 - MORTHB'E.S7MW FM I J r - ----------..._......_...._.. M LI 1 I 1 I I I I I I I I I I I I PROFFER R/i V.UPrd'S COMMONNEAL M OF WRGINIA DEPAR1MENr OF mANSPORTARON PIN 52-A-71A ZONED : 82 USE.. - EXEMPT Notes: 1. Underground Utilities will be installed as required by Frederick County and the Round Hill Community Use Plan. - #5------------------ a / I / I I / COMMOIVNEAL AI CF WRCBXA I PROFFER I i i oEPARIMENr OF mANSPORrAim 1 ' #J(6 PIN 52-A-71A \ I }r I ZONED: 82 i I USE EXEMPT ,I GEORGE W. GWZE, JR. I, PROFFER PIN 52-A-252 I g PROPOSED ZONE: 82 I # 4 GIPROPOSED USE: BUISNESS 4 1.3831 AC. I I I R J74P1tt' / XLAD' � / -- -- 0 L0 W (L 0 a >A f W �1� 00 V a V J Z a Z N LAJ LL) :2 N EL Z Q -J 0 I � N U Ln 0 Y U > N W a Q LLJ Lil , Z W �w Z Z O Z SURVEY: C.I.: PL-PLC NA DRAWN BY: JOB NO.: CBS 0209017 SCALE: DATE: 1 "=60.0' 1 1 /29/06 SHEET: / EXHIBIT #5 1 1 Proposed Proffer Statement Rezoning #: Property: Recorded Owner: Glaize Property Rezoning 1.38 ACRES PARCEL ID - 52-A-252 Glaize Real Estate Applicant: Mr. George Glaize, Jr. Glaize Real Estate 30 North Cameron St. Winchester, Virginia 22601 Project Name: Original Date of Proffers: Revision Date (s): Glaize Property Rezoning September 02, 2005 January 10, 2006 February 20, 2006 May 24, 2006 September 1, 2006 September 26, 2006 October 4, 2006 October 11, 2006 November 21, 2006 November 29, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0507007 DEC 1 2006 PROFFER STATEONT PARCEL ID 52-A-25 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcel 52-A-252 from RA to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. �E��i �. .�.`� 1, PROFFERS 1.) Monetary contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Round Hill Community Fire and Rescue Company, No. 15 the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. 2.) Generalized Development Plan The owner agrees to proffer a Generalized Development Plan (GDP) dated 11/29/06 for the purpose of identifying the general configuration of the proposed commercial development and locations of site access. 3.) Restricted Access to Route 50 The owner agrees to install a right in only entrance on Route 50 eastbound, as required by Virginia Department of Transportation. The design of the entrance will be shown on the site plan. 4.) Route 803 Improvements The owner agrees to install a right turn lane, southbound on 803, into the project, as required by Virginia Department of Transportation. Improvements will also include a sidewalk along Route 803, in conformance with Virginia Department of Transportation standards. The improvements to Route 803 will be completed prior to the occupancy of any structure on the property. 5.) Frontage Improvements The owner agrees to provide curb and gutter along the frontage of the site, adjacent to Route 50 and Route 803, as required by Virginia Department of Transportation. The frontage improvements will be completed prior to the occupancy of any structure on the property. page 2 PROFFER STATEAT 0 ����`"� PARCEL ID 52-A-25 - CURIUENT 6.) Design Features The owner agrees to provide a twenty (20) foot landscaped strip on the property running parallel with the Route 50 boundary line of the property. The owner agrees to construct a five (5) foot wide sidewalk running parallel with and contained within the landscape strip. The sidewalk will be owned and maintained by the property owner. The sidewalk will be completed prior to the occupancy of any structure on the property. Within the 20 foot landscaped strip, the owner agrees to provide shade trees, one per forty (40) feet of property frontage (totaling six (6)), and evergreen plants to create headlight screening. The landscape features will be completed prior to the occupancy of any structure on the property. 8.) Monetary Contributions The owner agrees provide $10,000.00, for future transportation improvements within the Route 50 right-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 9) Parking The owner agrees that the development of the site will include no more than two (2) rows of parking and one access aisle between any building and the Route 50 front yard of the property. This will be shown on the site plan as part of the development requirements. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: (Ge. rge Plaiz', Jr. owner) of ate G44[County of -qu clvctk , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this day of A) &P _ , 200 _1) �Z' Notary Public My commission expires: o' page 3 0 u D CC 1 2006 0 0 Proposed Proffer Statement Rezoning #: Property: Recorded Owner: Glaize Property Rezoning 1.38 ACRES PARCEL ID - 52-A-252 Glaize Real Estate Applicant: Mr. George Glaize, Jr. Glaize Real Estate 30 North Cameron St. Winchester, Virginia 22601 Project Name: Original Date of Proffers: Revision Date (s): Glaize Property Rezoning September 02, 2005 January 10, 2006 February 20, 2006 May 24, 2006 September 1, 2006 September 26, 2006 October 4, 2006 October 11, 2006 November 21, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painteriewis.com Job Number: 0507007 PROFFER STATENWIT PARCEL ID 52-A-25 Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of parcel 52-A-252 from RA to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Monetary contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Treasurer of Frederick County for the benefit of the Round Hill Community Fire and Rescue Company, No. 15 the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. 2.) Generalized Development Plan The owner agrees to proffer a Generalized Development Plan (GDP) dated 11/21/06 for the purpose of identifying the general configuration of the proposed commercial development and locations of site access. 3.) Restricted Access to Route 50 The owner agrees to install a right in only entrance on Route 50 eastbound, as required by Virginia Department of Transportation. 4.) Route 803 Improvements The owner agrees to install a right turn lane, southbound on 803, into the project, as required by Virginia Department of Transportation. Improvements will also include a sidewalk along Route 803, in conformance with Virginia Department of Transportation standards. The improvements to Route 803 will be completed prior to the occupancy of any structure on the property. 5.) Frontage Improvements The owner agrees to provide curb and gutter along the frontage of the site, adjacent to Route 50 and Route 803, as required by Virginia Department of Transportation. The frontage improvements will be completed prior to the occupancy of any structure on the property. 6.) Design Features The owner agrees to provide a twenty (20) foot landscaped strip with a five (5) foot sidewalk which will be owned and maintained by the property owner. The sidewalk will be completed prior to the occupancy of any structure on the property. Within the 20 foot page 2 PROFFER STATENOT )'�ea`,'�,J�:u`'` PARCEL ID 52-A-25 landscaped strip, the owner agrees to provide shade trees, one per forty (40) feet of property frontage (totaling six (6)), and evergreen plants to create headlight screening. The landscape features will be completed prior to the occupancy of any structure on the property. 7.) Design Features — Signage The owner agrees to limit freestanding signs to one monument style sign having a maximum size of 50 feet and a maximum height of 12 feet. However, standardized, franchised signs may have a maximum size of 75 feet. This will be shown on the site plan as part of the development requirements. 8.) Monetary Contributions The owner agrees provide $10,000.00, for future transportation improvements within the Route 50 right-of-way. This sum will be paid to the Treasurer of Frederick County prior to the occupancy of any structure on the property. 9) Parking The owner agrees that the development of the site will prohibit more than a maximum of two (2) rows of parking between the building and front yard of the property. This will be shown on the site plan as part of the development requirements. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: (George Glaize, Jr., owner) Date City/County of Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this day of 1200 Notary Public My commission expires: page 3 0 0 0 • • Proposed Proffer Statement Glaize Property Rezoning Rezoning #: Property: Recorded Owner: 1.38 ACRES PARCEL ID - 52-A-252 Glaize Real Estate Applicant: Mr. George Glaize, Jr. Glaize Real Estate 30 North Cameron St. Winchester, Virginia 22601 Project Name: Original Date of Proffers: Revision Date (s): Glaize Property Rezoning September 02, 2005 January 10, 2006 February 20, 2006 May 24, 2006 September 1, 2006 September 26, 2006 October 4, 2006 October 11, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0507007 OCT 1 3 2006 �aR10� C11). PROFFER STATEMPT • ��t� C7'dPti,'�o PARCEL ID 52-A-25 • Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # H-- oG for the rezoning of parcel 52-A-252 from RA to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Monetary contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Round Hill Community Fire and Rescue Company, No. 15 the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. 2.) Generalized Development Plan The applicant agrees to proffer a Generalized Development Plan (GDP) dated 10/11/06 for the purpose of identifying the general configuration of the proposed commercial • development and locations of site access. • 3.) Restricted Access to Route 50 The applicant agrees to install a right in only entrance on Route 50 eastbound, as required by Virginia Department of Transportation. 4.) Route 803 Improvements The applicant agrees to install a right turn lane, southbound on 803, into the project, as required by Virginia Department of Transportation. The improvements to Route 803 will be completed prior to the occupancy of any structure on the property. 5.) Frontage Improvements The applicant agrees to provide curb and gutter along frontage of the site, adjacent to Route 50 and Route 803, as required by Virginia Department of Transportation. The frontage improvements will be completed prior to the occupancy of any structure on the property. 6.) Design Features The applicant agrees to provide a ten foot (10') bike and walking trail along Route 50 as specified in the Round Hill Community Land Use Plan. The bike and walking trail will be completed prior to the occupancy of any structure on the property. page 2 PROFFER STATEMOT PARCEL ID 52-A-25 (fT i7.) Landscape Features The applicant agrees to provide parking lot screening as required by Frederick County and the Round Hill Community Land Use Plan. The landscape features will be completed prior to the occupancy of any structure on the property. • • The conditions proffered above shall be binding on the heirs, executors, administrators, assigns, and successors in the interest of the owner. In the even that the Frederick County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: �W-� v,- ` (George GI i , Jr-, owner) Q Q Date City/County of W l n e ke,5 I-e , Commonwealth Of Virginia. The foregoing instrument was acknowledged before me this /c;2' day of Oc-W b-e vf- , 200(;�7— a-t �n�Q Notary Pu I My commission expires: CD page 3 - -- I 1 If --------------------------------------------------------=------- ------------------------------ `_:::u.d..-:..v.a':dJ'uu-iiORTn7".STd?K_Fi�3':_'- - -. ___._ . _._.__. PROFFER T�_ ---------------------------------------------- ------------------------ - --------------------- 6B U.S. ROUTS 50 NOJPrNRas7aR,v PlA3' - ` _ PROFFER VARMS -------_— - --- ------------------ PROFFER #7 __I I I II I I II I I II CcwNaNWALM OF MIROAPA I DEPARTMENT OF )RANSPORTAIM -----� I--� PIN 57-A-71A ZONED : BZ USE fXEAlP7 --4 _ 1 I I I I I 1 I I Notes: 1. Underground Utilities will be installed I as required by Frederick County and the I Round Hill Community Use Plan. I 2.Signs for the parcel will be designed I as required by Frederick County and the I Round Hill Community Use Plan. I / . NROINIA ISPORTA nav 1A I r/ P IT , I -- I I I I I I , I I I I , COANALWNEALM I I; : I I I OEPARZLfNr IA- I PIN I Z2QVEDED USE Earl I Ip li I� I 1 I GEORGE W. GLARE, JR. I► I I PIN 52-A-252 ZONE: B2 tt I I eFFERPROPOSED PROPOSED USE:BUISNESS1.3B31 AC.. o to Z z N L,J � to � N I Q d Y _U n' N 0 P- J W N Ee � U g z w w CD a V / J 1 W Z Q a O N 'n U y N ^ n U1 N N U1 3- N N I cy, a n N v� 1 w _ N J C — o� L o'Eo a c r 4 E 3 w SURVEY: C.I. PL-PLC NA DRAWN BY: JOB NO, CBS 0209017 SCALE: DATE: 1-.60.0' 10/11/06 SHEET: 1 EXHIBIT #5 I / --------------------------------__-__-__-__-__ /�-------- ; NQTC1 ----------------------------------------------------------------- \��------------------------- ;V a' US' MAT R/TP VARIES ------------------------------------- PROFFER ---------- ----------\ ----------------------------------------------- ----------�/ E.B. U.S. ROUTE 50 - NORTHffESTERN PIIfE — — — — — — — — — — — — — — — — — — — — RI) F VARIES (_ -\ I I I I I I F I PROFFER ------ #7 COMMONWEALTH OF NRCINIA DEPARTMENT OF TRANSPORTATION PIN 52-A-71A ZONED : 82 USE: EXEMPT Notes: 1. Underground Utilities will be installed as required by Frederick County and the Round Hill Community Use Plan. 2.Signs for the parcel will be designed as required by Frederick County and the Round Hill Community Use Plan. PROFFER #6 D ------------------ 'ROFFER _ #5 — ----------------- COMMONWIAL TH OF NRGINIA I I I I DEPARTMENT OF TRANSPORTATION PIN 52-A-71A ZONED . 62 I USE EXEMPT ' GEORGE W. GLAIZE, JR. I PIN 52-A-252 PROFFER I I I PROPOSED ZONE: B2 I I 4 / PROPOSED USE: BUISNESS # ' 1.3831 AC. I i i I // II \` , F-- a- � I— Z I N W Ln ` N I � FT— Q _ _I W Q- Ln l) ir � 0 CL :�i W I— _N J Ld Of N W U z W W a_ U) Z D 0 Y _U ch W 0 W of f LL- +� O N I-) U c0 rn rn � ui (n N I, L N N N � 0 v 10 c0 c o v rn � t a N v Ln > C: a� E 0 (n V) L Q- '�, . . c W E W z� Z J W W Z 0 Z OW U SURVEY: C.I.: PL-PLC NA DRAWN BY: JOB NO.: CBS 0209017 SCALE: DATE: 1 "=60.0' 10/1 1/06 SHEET: EXHIBIT #5 r�L • • Proposed Proffer Statement Glaize Property Rezoning Rezoning #: Property: Recorded Owner Applicant: Project Name: Original Date of Proffers: Revision Date (s): 1.38 ACRES PARCEL ID - 52-A-252 Glaize Real Estate Mr. George Glaize, Jr. Glaize Real Estate 30 North Cameron St. Winchester, Virginia 22601 Glaize Property Rezoning September 02, 2005 January 10, 2006 February 20, 2006 May 24, 2006 September 1, 2006 September 26, 2006 October 4, 2006 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540) 662-5792 email: office@painterlewis.com Job Number: 0507007 OCT 6 2006 i PROFFER STATEN&T PARCEL ID 52-A-25 NO Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the IS undersigned applicant proffers that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # 14-06 for the rezoning of parcel 52-A-252 from RA to B2, the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance. These proffers shall be binding on the owner and their legal successors or assigns. PROFFERS 1.) Monetary contribution to Frederick County Service Organizations The owner will donate or will cause to be paid to the Round Hill Community Fire and Rescue Company, No. 15 the sum of $1,000.00 for impacts to fire and rescue services. This sum will be paid upon the receipt of the first building permit issued subsequent to the approval of this rezoning for any proposed structure. 2.) Generalized Development Plan The applicant agrees to proffer a Generalized Development Plan (GDP) dated 09/26/06 for the purpose of identifying the general configuration of the proposed commercial development and locations of site access. • 3.) Restricted Access to Route 50 The applicant agrees to install a right in only entrance on Route 50 eastbound, .as required by Virginia Department of Transportation. 4.) Route 803 Improvements The applicant agrees to install a right turn lane, southbound on 803, into the project, as required by Virginia Department of Transportation. 5.1, Frontage Improvements The applicant agrees to provide curb and gutter along frontage of the site, adjacent to Route 50 and Route 803, as required by Virginia Department of Transportation. 6.) Design Features The applicant agrees to provide a ten foot (10') bike and walking trail along Route 50 as specified in the Round Hill Community Land Use Plan. 7.) Landscape Features The applicant agrees to provide parking lot screening as required by Frederick County and the Round Hill Community Land Use Plan. The conditions proffered above shall be binding on the heirs, executors, administrators, • assigns, and successors in the interest of the owner. In the even that the Frederick page 2 PROFFER STATED PARCEL ID 52-A-20 NOT CT6 County Board of Supervisors grant this rezoning and accepts these proffers, then these proffers shall apply to the land rezoned in addition to the other requirements of the Frederick County Code. Submitted By: ov x-7 11 (George Glaie,�l ., owner) Date City/County of 2e/' �G�' 2�� �, Commonwealth Of Virginia. is The foregoing instrument was acknowledged before me this 14- day of "Iv-111- -er- , 200 __ • Notary Public My commission expires: e-/0 page 3 IMPACT ANALYSIfTATEMENT PARCEL ID 52 (A) 0 • • • EXHIBIT 8 - PROFFER STATEMENT page 16 --------i 0 --�------ul+u------------'r-t��------ crux---o}+u------- oNu- uNu------- cr,u--- - cNu------- atu------------- _____________________________________________________—Ir___ �-. \\��—__--_------_----_—_—__—_ R/Y Y.9RIES PROFFER r ----------------------------------------------- ----=-----_ i ----------------------------------------------- ---- ;------i -------------------------------------------------�------- E.B. U.S. ROUTE 50 — NORTHWESTERN PIIfE -_ ----------------------------------------------- - ------------------ - — — — — — — — — — — — — — — — — — _ _ _ _ _ -------------------------- -------------------- ------ R%Y VARIES Li I I I i I I I I I PROFFER #7 COMMONWEALTH OF WRGINIA DEPARTMENT OF TRANSPORTA770N PIN 52-A-71A ZONED : B2 USE:- EXEMPT Notes: 1. Underground Utilities will be installed as required by Frederick County and the Round Hill Community Use Plan. 2.Signs for the parcel will be designed as required by Frederick County and the Round Hill Community Use Plan. t Ir( RIGHT IN OHCi I � � I II I 1))i I I I I I ►I it GEORGE W. GLAIZE, JR. PIN 52-A-252 i ti I PROPOSED ZONE: B2 PROPOSED USE: BUISNESS 1.3831 AC. 171 I� I i I t-0 i I �I LLM PROFFER NOT I #6 —----------- -- ------ PROFFER' LLLI #5 I I / j COMMONWEALTH OF WRGINIA i 1 DEPARTMENT OF IRANSPORTA770N I PIN 52-A-71A I I ZONED : B2 USE. EXEMPT. ' -- -- - -c+:u- - -- 1 j PROFFER LO W Ld N L U cr C7 a_ ■n loe J,�C/ \ I \ / A Z w N J Q ry LI-I z w cD U_ LI-I 0 LIJ LL + O N I� U O O ui n N LO I `n 0 N N L O O 0 0 (D co c 3 p 'p N - L0 u7 0 U U 0 a; 0 'E 0 O -C N U ~ Lj- E w 0V) LL., �\ w Z Z LLI ' t SURVEY: C.I.: PL—PLC NA DRAWN BY: JOB NO.: CBS 0209017 SCALE: DATE: 1"=60.0' 09/26/06 / / \ SHEET: /� EXHIBIT #5 1 / 1 { / \ �_. __ _C;1U_____ _ ___ _ CNU-____._ _ __ Ulu ____ __. \\\�------------------------- R/iV VARIES PROFFER ----------------------------------------------- PROFFER T---- --� ----------------------------------------------- - 3 --- =�/ — /` — wT 6 ------------------------------------------------------ r--------------- E.R. U.S. ROUTE 50 - NORTIIJYESTERN PI" i -----------------------------------------------f----------' ---------------------- R/TP PARIES /1 ------------------------ Ll I I I I I I I I PROFFER #8 COMMONWEALTH OF KRGINIA DEPARTMENT OF TRANSPORTATION PIN 52-A-71A ZONED : B2 USE. EXEMPT Notes: 1. Underground Utilities will be installed as required by Frederick County and the Round Hill Community Use Plan. 0 IPROFFER I #6 i 8 11 GEORGE W. GLAIZE, JR. PIN 52-A-252 PROPOSED ZONE: B2 blPROPOSED USE: BUISNESS ti 1.3831 AC, �I I I I I 1� I 4 ',I J I CI 8 z I I � •s I - I i % I NOT ------------------------- - --------------- —- ----------------------------------- --------- ------- Lz CE 7 N w Lo Z I o1 Q w 0 I >Ld C� a- Lo o y O CL N w _ o .j w w < N w - -- ----- ----- ------ -- -- C) Q z W J w I / / 1 0 CD I I / j COMMONWEALTH OF KRGINIA I ! /' 6 DEPARTMENT OF TRANSPORTATION I PIN 52-A-71A ZONED : B2 USE. EXEMPT `'' 1 ---cxu--------- i a) (0 0" rn . v L 3 j PROFFER / 1` C co °' #4 , o a co C W co U ID —_ w MEN Z� / ` \ Z 0 o w �\ �` / :•— SURVEY: C.I.: PL—PLC NA DRAWN BY: JOB NO.: CBS 0209017 SCALE: DATE: \� 1 "=60.0' 1 1 /21 /06 SHEET: �` `� EXHIBIT #5 1 Ilk DATE RECEIVED FROM wo.7291 ADDRESS IJJ I CA a DOLLARS $ FOR RENT,--C) FOR t Aj AMT. OF CASH -ACCOUNT AMT. PAID CHECK BALANCE MONEY DUE ORDER DATE No. 7290 RECEIVED FROM ADDRESS 1,J--1 �a V -D-O'LLARS J FOR RENT,' J FO R AMT. OF ACCOUNT CASH AMT. PAID I.ICw CHECK BALANCE MONEY DUE ORDER u 6 BY .. . . ;First American Title ItiSUTUnCe Company PR. NATLAC Flank o[ America- (;IobaLC6ent 5415087 ational Commercial ServicesOfc. 54 (tS13) Services 333 S. Beaudry Avenue 11-3511210 1 Gtut C dry Street butte I I I1 Log Angeles C 190017 ate 08/20/2007 04)644 Sit FILE NO. NCS-313368-VA54 _. PAY xi'c xxacx9exx$109000 0V><eicx.�e�r7ez'cx r - ,; DOLLARS *****10 000.00 ' Rg ei fsCrow rust Account Void After 180 Days TO THE Treasurer ORDER ,N L N aQ to OF s y �„ x . c - A7,t �' 4N� � •; _ 4' L5087ii' 1:L2L0003581: 1233L57ii' First American Title Insurance Company art NATLAC Bang of America•- Global Client 5415088 { R ,National Commercial Services Ofc. 54 (1513) Services e ` 333 S. Beaudry Avenue 11-35l1210 y4 1051 Fart Cary Street Suite l 111 Los An geles CA 90017 . Kichmonct. M 23219 t Date 08l20/2007 L (804)698-5400 _ ^ ... FILE NO. NCS-313368-VA54 PAY �e�e�F�Teie�e$I,00.00*>�x DOLLARS***x* _ 0. v 1 00 Escrow Trust Account Void After 180 Days I n lj jj- t�vCOUN Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 December 8, 2005 Mr. John Lewis Painter -Lewis, P.L.C. 116 South Stewart Street Winchester, VA 22601 RE: Proposed Rezoning of Glaize Property — Round Hill Dear John: I have had the opportunity to review the draft rezoning application for the Glaize Property in Round Hill. This application seeks to rezone 1.38 acres from RA (Rural Areas) District to the B2 (Business General) District. Staff s review comments are listed below for your consideration. 1. Round Hill Community Land Use Plan. The site is within the limits of Phase I1 of the Round Hill Community Land Use Plan. That plan specifically states that "Development of an area would be dependent on the availability of appropriate infrastructure; therefore, the plan does not recommend rezoning land within the conu-nunity for commercial development prior to the provision of central water and sewer". Water and sewer is not currently available in this part of Round Hill. It would be inconsistent with the Comprehensive Policy Plan to allow this rezoning without the provision of water and sewer. The applicant will need to secure expansion of the Sewer and Water Service Area (SWSA) in advance of this rezoning. As much of Round Hill Phase I has received development approval, it would not be inconsistent with the Round Hill Plan for the County to support such a SWSA expansion. The rezoning itself should guarantee water and sewer service to the site. 2. Round Hill Community Land Use Plan. The plan calls for commercial development in the Phase II area; therefore, the proposed use is supported in the Round Hill Plan. 3. Round Hill Community Land Use Plan. The Round Hill Plan also recommends a number of design features for commercial development along Route 50. These include shared entrances, green space along Route 50, bike and walking trails, screening of parking areas, controlling the size and number of signs, required underground utilities and landscaping. All of these design features should be 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 Page 2 Mr. John Lewis RE: Proposed Rezoning of Glaize Property — Round Hill December 8, 2005 taken into consideration, and may be appropriate as proffers to implement the goals of the Comprehensive Plan. 4. Entrances. The Round Hill Plan calls for "a transportation network that would feed traffic to and from Route 50 at controlled intersections, and discourages the proliferation of entrances along Route 50 itself'. At present, the site has multiple entrances which are not conducive to safe traffic movements. VDOT will be commenting directly on the engineering and safety aspects of the entrances, but as it exists today, the site is not in conformance with this aspect of the Round Hill Plan. The applicant should consider a layout (presented in the form of a Generalized Development Plan) to improve access management both on Route 50 and on the rerouted Round Hill Road (Route 803). 5. Route 50. As you are aware, road improvements are currently being made to Northwestern Pike (Route 50). The applicant should be prepared to add an additional lane in front of his property to ensure completion of long range transportation improvements. 6. Impact Assessment Statement - Traffic. A complete traffic impact analysis was not provided with this draft rezoning. Trip generation figures were based on 15,000 square feet of medical -dental office building, which the applicant states will be developed. However, unless a specific floorspace and/or use are proffered, the County will have to assume the maximum intensity of development, as per the rezoning application. For a 1.38 acre B2 site, this would equate to 29,480 square feet of retail. (21,362 square feet of retail use per acre of B2 use) 7. Proffer Statement. The introduction in the proffer statement is unnecessary. The introduction also references a proffer #1 concerning water and sewer service. I could not find such a proffer. The County Attorney will be commenting directly on the format of the proffer statement. 8. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, Round Hill Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. Once attorney comments are received by the Planning Department, Page 3 Mr. Jolm Lewis RE: Proposed Rezoning of Glaize Property — Round Hill December 8, 2005 they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 9. Adjacent Parcels. A list of all adjacent properties, their owners and the owners' addresses are required with the application. Please note that adjacent parcel 52- A-71A (VDOT) is zoned B3, not B2, as stated in the application. 10. Fees. The fee for this application includes a $3,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of $3,188.00 is due upon submission of the official rezoning application. This is based on fees as of January 27, 2005. Fees may change. 11. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. All of the above commnents and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, ,g,, 'X. &Qdg Susan K. Eddy, AICP Senior Planner SKE/bad cc: Mr. George Glaize, Jr., Glaize Real Estate, 30 North Cameron Street, Winchester, VA 22601 Round Hill / Glaize Property Rezoning - Route 803, Frederick County Page 1 of 1 101 40 Susan Eddy From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Tuesday, December 05, 2006 1:25 PM To: 'PLC Painter -Lewis (office@painterlewis.com)'; 'John Lewis' Cc: Ingram, Lloyd; 'Susan Eddy'; Copp, Jerry Subject: Round Hill / Glaize Property Rezoning - Route 803, Frederick County The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 803. These route are the VDOT roadways which has been considered as the access to the property referenced. If Frederick County is satisfied with the amount being offered in Proffer Item #8 ($10,000.00), then VDOT is satisfied that the revised transportation proffers offered in the Round Hill / Glaize Property Rezoning Application dated November 21, 2006 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 traffic flow data from the I.T.E. Trip Generation Manual, Seventh 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. «SC N_20061205132226_001. pdf>> Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) 12/5/2006 Glaize Property Rezoning - VDOT coirunents Page 1 of 1 0 Jill Fries From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Ingram, Lloyd [Lloyd.ingram@VDOT.Virginia.gov] Sent: Monday, September 18, 2006 7:56 AM To: 'Jill Fries'; 'glaize@verizon.net' Cc: 'Eric Lawrence'; Ingram, Lloyd; Copp, Jerry Subject: Glaize Property Rezoning - VDOT comments The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 803. These routes are the VDOT roadways which have been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the Glaize Property Rezoning Application (Route 803) with a revision date of September 1, 2006 addresses transportation concerns associated with this request with the exception of the following item: Traffic from this development will have an impact on the Route 50 corridor. VDOT believes the applicant should participate in the mitigation of the traffic impacts. 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, Seventh 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. Lloyd A. Ingram Transportation Engineer VDOT N Edinburg Residency Land Development 14031 Old Valley Pike Edinburg, VA 22824 (540)984-5611 (540) 984-5607 (fax) 10/4/2006 . ' �► i �iax c Frederick County Fire and Rescue Department Office of the Fire Marshal Plan Review and Comments Control number RZ05-0008 Project Name Intersection Rt. 50W & Rt. 803 Address 116 S. Stewart St. Type Application Rezoning Current Zoning RA Automatic Sprinkler System No Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Date received 9/6/2005 City Winchester Tax ID Number 52-A-252 Date reviewed 9/6/2005 Applicant Painter/Lewis State Zip VA 22601 Fire District 15 Recommendations Automatic Fire Alarm System No Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-662-5792 Rescue District 15 Election District Gainesboro Residential Sprinkler System No Fire Lane Required No Special Hazards No Additional Comments Water supply (l.e.fire hydrants) will need to be addressed when site plan is submitted. Plan Approval Recommended Reviewed By Signature Yes Jay Bauserman����© T' A" 0 0 Rezoning Comments Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. Attn: Fire Marshal Attn: Fire Marshal 107 North Kent Street County Administration Bldg., 1st Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-6350 Winchester, Virginia ;Applicant Please fill outthe rnfotmation as accurately as j�oss�lle m order to assist -the Fiedeiicic County Fiie Marshal wrth lus ievievtw Aftacli a copy ofyoa application fo►tn, ; locafion,map,,proffer stiatement, aimp'act analysis;and aziy othe► pe�rtmentinfoz rrtatior� ; Applicant's Name: -Soi-�r, C, I _�� ,, s Telephone: Mailing Address: II G S, LTFu�zr s� ✓A . ZZ & o Location of property: �n/� �,zra 5�nc of sNTtLSc'c a J aF RT.Sa, t�aaTwc� r� n1 V��;c C Ff YC 6 0u ND) Pci4y Ny yOUTAc>A%U— V O, Current zoning: IZA Zoning requested: G.2 Acreage: 1.-2, g Notice to Fire Marshal - Please Return This Form to the Applicant 22 0 0 Mr. John C. Lexvis, P.E., C.L.A. Painter -Lewis, P.L.C. 116 South Stewart Street Winchester, Virginia 22601 RE: Rezoning Proposal - Parcel I.D.# 52 (A) 252 Frederick County, Virginia Dear John: COUNTY of FREDERICK September 20, 2005 Department of Public Works 540/665-5643 FAX: 540/678-0682 We have completed our review of the rezoning application for the 1.38 acre parcel I.D. # 52 (A) 252 and offer the following continents: 1) Refer to Page 4, Drainage: Offsite drainage easements may be required to acconnniodate point -source discharges. 2) Refer to Page 4, Solid Waste Disposal Facilities: Correct the first sentence to read the nearest citizens' trash........ is located on Route 809, McFarland Road, which is off Magic Mountain Road. Actually, the proposed rezoning from RA to B2 will require that the cost of solid waste disposal will be the responsibility of the conunercial property owner not Frederick County. The actual impact on the landfill will be insignificant. I can be reached at 722-8214 if you should have any questions regarding the above conunents. Sincerely, t 6 �. 'A+� Harvey rawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Planning and Development file CAProgram FilesMortlPerfect Office 11\Rhonda\1'LnIPCONIN4ENTS\p:urel52-A-2i2rezcom.li•pd 107 North Kent Street - Winchester, Virginia 22601-5000 08/04/2006 15:13 5406625793 0 PAINTERLEWIS 0 PAGE 02 Rezoning Comments Frederick -Winchester Service Authority Mail to: Hand deliver to: Fred -Wine Service Authority Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director Attn:.iesse W. Moffett P.O. Box 43 107 North Kent Street Winchester, Virginia 22604 Winchester, Virginia (540)722-3579 A')G - 7 2006 i E Appkcarit: Please fill ou't the i>tt'orrttati:ort as acerlrgreIy as o,sstble, in order to assist the Fred Winc Service Auth6rity with th-O ' t`ev-, �irttach it eon of. your application %rm, location maps proii`ur'stateniant, impart abOysihjInformation Applicant's Name: Fbmter- Levu IS, PLC Telephone: 5HO - (o ba "S7911 Mailing Address: I ( b S Str-wa H S+ lnl InGllester uy4 �a WI Location of property: Westcrr) S iclt? of (r)1 CirScchon r) - a So, Nor+hwestern f Kc (Fas-f bound) Orw4 +he rlcw' Rt, Z3 Rour%Jhi) I Rood Current zoning: iA Zoning requested: B a Acreage: 3 a Notice to Fred-Winc Service Authority - Please Return Form to Applicant 32 0 u Rezoning Comments Frederick County Sanitation Authority Mail to: Hand deliver to: Frederick County Sanitation Authority Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Frederick County Attn: Engineer 315 Tasker Road Stephens City, Virgima Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location' map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: c. Telephone: S40. G&?. 25-79,D Mailing Address: I Ilo S. �,-r�w�2� ta. tir1c►tF��.2� VA 22(k01 Location of property: �A%,,,:ve� S,oE uF ir�TE2s�cr�a�1 0� ¢T.�, N�R:NI�EXe'�Z.�1 ?04-E A -to THE NEW �T8o3 ,2yUKD OkiLL- 2lp. , Current zoning: '►c'-A Zoning requested: 'bZ Acreage: 1.3 Sanitation Authority Comments: Should the parcel be brouQh into the SWSA, the cost of extending service will be the developer's responsibility. Currently there is water and sewer service on the north side of US 50. Sanitation Authority Signature & Date: .�flps Notice to Sanitation Authority - Please Return This Form to the Applicant 25 0 Rezoning Comments • ()&9()15- /v/3 Frederick -Winchester Health Department Mail to: Hand deliver to: Frederick -Winchester Health Department Frederick- Winchester Health Department Attn: Sanitation Engineer Attn: Sanitation Engineer 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Suite 201 (540) 722-3480 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick -Winchester Health Department with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: C. L; u,,S Telephone: S40. G&Z. S-7g2 Mailing Address: M.0 S7T. Location of property: 1r sTtit2N Siam aF TlyTi aF �.So, &RTtkJESTFJ7CN 17, kiEZ_/E^__5{130-,-D1 AoD'tiffE-NF,-) 803 J<Ou iLL �Q, Current zoning: 12A Zoning requested: g �? Acreage: I.3 8 Frederick -Winchester Health Department's Comments: 41 Health Dept. Signature & Date: G GS^ Notice to Health Department - Please Return This Form to the Applicant ! — 73Ini � 26 BY: -------------------- 0 • Rezoning Comments Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Department of Parks & Recreation Department of Parks & Recreation 107 North Kent Street County Administration Bldg., 2nd Floor Winchester, Virginia 22601 107 North Kent Street (540) 665-5678 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Parks & Recreation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: J owt l 0. LGIJ\S Telephone: Mailing Address: W. S. S� EL�Asr S'r• VA • 72 � o I Location of property: btYs-r�nY� SIDF aF TNTECL SEcT10 r� o� jzr50, �Q2Trlw�s-r£rzN 'P�`� �CASTtia�Ni�, A,-» �' 803j Current zoning: 2A Zoning requested: Acreage: Department of Parks & Recreation Comments: Pks. & Rec. Signature & Date: Notice to Department arks & Recreation - Please Return This Form to the Applicant 23 Administrative Assistant to the Superintendent Mr. John C. Lewis Painter -Lewis, P.L.C. 116 South Stewart Street Winchester, VA 22601 Dear Mr. Lewis: �\�WJents M 4),e� i C P J a- F 5 Ffedefick County Public Schools Visit us at www.frederick.k12va.us September 16, 2005 RE: Rezoning Comments for Rezoning Proposal Parcel ID #52-A-252 e-mail: kapocsis@frederick.1,12-va.us This letter is in response to your request for comments concerning the rezoning application for the proposed Parcel ID #52-A-252 project. Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon build -out. Respectfully yours, Stephen Kapocs i Administrative Assistant to the Superintendent SMK/dkr cc: William C. Dean, Ph.D., Superintendent of Schools Al Orndorff, Assistant Superintendent for Administration Charles Puglisi, Director of Transportation 540-662-3889 Ext-112 1415 Amherst Street, Post Office Box 3508, Winchester, VA 22604-2546 FAX 540-662-3890 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 September 7, 2005 Mr. John Lewis Painter -Lewis, PLC 16 South Stewart Street Winchester, VA 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Glaize Real Estate Property Rezoning; PIN# 52-A-252 & 52-A-253 Dear Mr. Lewis: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources 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 properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the Second Battle of Kernstown; however, due to the development in this area, it has been deemed to have lost its integrity. Thank you for the chance to comment on this application. Please note that there is a new HRAB application that has been included in the land use application packages. A copy of the new application has been included for fixture reference. Please call if you have any questions or concerns. Sincerely. Candice E. Perkins Planner II CEP/bad Attachment 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • HALL, MONAHAN, ENGLE, MAHAN & MITCHELL A PARTNERSHIP OF PROFESSIONAL CORPORATIONS WILBUR C. HALL (1892-1972) THOMAS V. MONAHAN (1924-1999) SAMUEL D. ENGLE O. LELAND MAHAN ROBERT T. MITCHELL, JR. JAMES A. KLENKAR STEVEN F. JACKSON DENNIS J. MCLOUGHLIN, JR. ATTORNEYS AT LAW I a 7 EAST MARKET STREET 9 EAST BOSCAWEN STREET LEESBURG, VIRGINIA WINCHESTER, VIRGINIA TELEPHONE 703-777 1050 TELEPHONE 540-662-3200 FAX 540-662-4304 E-MAIL lawyers®hallmonshan.com January 27, 2006 Susan K. Eddy, AICP Senior Planner Frederick County Department of Planning & Development 107 North Kent Street Winchester, VA 22601 Re: Glaize Property Proposed Proffer Statement Dear Susan: PLEASE REPLY TO'. P. O. Box 848 WINCHESTER, VIRGINIA 22604-0848 I have reviewed the above -referenced proposed Proffer Statement. It is my opinion that the proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I would suggest, for uniformity and easy reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be summarized at the beginning as set forth on the attached format. This format has been used on all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs are substantive paragraphs of the proffer statement. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy January 27, 2006 Page 2 3. The second paragraph discusses public water and sewer. It appears that public water and sewer is not currently available to the property. At the end of that paragraph it is stated "See Proffer # 1." However, Proffer # 1 (the only proffer) _ does not have anything to do with water and sewer. I would suggest that a separate proffer be added, under the Proffers section, which provides that development of the property shall not occur, and no site plan shall be submitted, until public water and sewer is available to the property. 4. In the third paragraph, instead of the language "development of this property would require the owner to meet the conditions set forth in this document" at the end of the first sentence, I would suggest the following language: " ... the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer." 5. In the third paragraph, the second sentence should be deleted, and the following should be added to the end of the first sentence (as hereinabove amended): ". . . except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance." 6. A paragraph should be added to the initial paragraphs which contains a description of the property, to include a description of the general location of the property, the title owner, the acreage, and a citation to the land records (deed book and page number, or instrument number) where the owner of the property acquired title. 7. It is noted that there has been no Generalized Development Plan submitted with these proffers. Therefore, it is noted that this proffer does not commit the applicant to any specific development plan. HALL, MONAHAN, ENGLE, MAHAN & MITCHELL Susan K. Eddy January 27, 2006 Page 3 It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. If there are any questions concerning the foregoing comments, please contact me. Very truly yours, Robert T. Mitchell, Jr. RTM/ks Enclosure • 0 PROPOSED PROFFER STATEMENT REZONING: RZ. # PROPERTY: acres Tax Map Parcel _ RECORD OWNER: APPLICANT: PROJECT NAME: ORIGINAL DATE OF PROFFERS: , REVISION DATE(S): • IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL ID - 52 (A) 252 Gainesboro Magisterial District Frederick County, Virginia October 11, 2006 Prepared for: Mr. George W. Glaize, Jr. Glaize Real Estate 30 South Cameron Street Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com • Job Number: 0507007 OCT 1 3 ?0,06 IMPACT ANALYSIPTATEMENT • PARCEL ID 52 (A) 252 IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS section i. INTRODUCTION _ A. SITE SUITABILITY B. SURROUNDING PROPERTIES page 3 3 4 C. TRAFFIC 4 D. SEWAGE CONVEYANCE AND TREATMENT 5 E. WATER SUPPLY 5 F. DRAINAGE 6 G. SOLID WASTE DISPOSAL FACILITIES 6 H. HISTORIC SITES AND STRUCTURES 6 • I. COMMUNITY FACILITIES 6 J. OTHER IMPACTS APPENDIX 7 8 • page 2 IMPACT ANALYSIOTATEMENT PARCEL ID 52 (A) 252 • i.INTRODUCTION George W. Glaize, Jr., Trustee (the applicant) is the owner of a parcel of land located at the intersection of Route 50 and Route 803 in Frederick County, Virginia. The parcel is identified in the tax records of the county as TM# 52-A-252. The parcel contains 1.38 acres. The parcel is currently zoned RA (Rural Areas District). The current development occurring near the subject property makes the site more suitable and valuable for commercial use. The owner is requesting to rezone the property from RA, Rural Areas District to B2, Business General District. The Frederick County Comprehensive Plan calls for commercial development in Phase II of the Round Hill Rural Community Land Use Plan area; therefore, the proposed use is supported in the development plan. Road construction is currently underway to realign the intersection of Rt. 50 and Round Hill Rd. (Rt. 803) to the eastern boundary of the subject parcel. A 200 foot turn lane is also being constructed across the frontage of the parcel for vehicles turning onto the new Round Hill Rd. from Rt. 50 east bound. A. SITE SUITABILITY The subject parcel lies within Phase II of the Round Hill Rural Community Land Use Plan study area, see Exhibit 4. The Frederick County Comprehensive Plan states that • any residential development in this phase of the study area should be avoided in favor of commercial development. The current state of the immediate area would also indicate that the time for the rezoning and commercial development of the parcel is appropriate. In order to address the intent of the Round Hill Rural Community Land Use Plan, the applicant agrees to proffer a Generalize Development Plan to address business use, access management, green space, and vegetative screening. (See Exhibit #5). With the completion of the realignment of Rt. 803, Round Hill Rd. and Route 50, the subject parcel will be located on the southwest corner of the Rt. 50 and Round Hill Rd. (Rt. 803) intersection. The parcel is bordered to the north by the Rt. 50 east bound lanes. The parcel directly across the highway from the subject parcel is TM# 52-A-B and is owned by Winchester Warehousing, Inc. The parcel is bordered to the south, east, and west by TM# 52-A- 71A, owned by the Commonwealth of Virginia Department of Transportation. This parcel is zoned B-2 and is used for the housing and maintenance of state highway department vehicles and other items essential to their operations. Please see Exhibit 1 for site layout. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 510063 0115 B shows the subject area to be outside of any flood hazard zone. WETLANDS • No wetlands have been identified on the site. page 3 IMPACT ANALYSIPTATEMENT PARCEL ID 52 (A) 252 • STEEP SLOPES The property generally slopes to the southeast toward the area of the construction for the new Round Hill Rd. The slopes are gentle ranging from 2-10%. Storm water runoff will discharge into a storm sewer and drainage ditch system being constructed along with the new alignment of Route 803, Round Hill Rd. MATURE WOODLANDS There are no mature woodlands located on this site. The property has been cleared and graded for the two existing residences. SOILS According to the Soil Survey of Frederick County, the site contains the following soil type: Frederick-Poplimento Loams: 14B (2-7%) and 14C (7-15%). These soils are part of the Frederick-Poplimento-Oaklet association which are gently sloping to very steep, very deep, well -drained soils formed in material weathered from limestone. Depth to bedrock is approximately 60 inches or greater. The unified soil classifications for the soils are: GM, GC, ML, CL, CH, SM, and SC. B. SURROUNDING PROPERTIES • The parcel to be rezoned is currently bordered to the east, west, and south by TM# 52- A-71A, owned by the Commonwealth of Virginia Department of Transportation. This parcel is used for the maintenance and storage of state highway department vehicles, equipment, and other items essential to their operations. This parcel is zoned B2. Upon completion of the new Round Hill Rd. (Rt. 803) the site will be bound to the east by the Round Hill Rd. right-of-way. The site is bound to the north by the east bound lanes of Rt. 50. Directly across Rt. 50 is a 28.74 acre parcel of land (TM# 52-A-B) owned by Winchester Warehousing, Inc. This property is zoned B2. See Exhibit 1. The Winchester Warehousing property was recently subdivided from approximately 68 acres to the current 28.74 acres. The eastern portion of the property was sold to Wal-Mart Properties and is currently being developed. This is the location of the new Wal-Mart Supercenter. Surrounding properties are shown on Exhibit 1. C. TRAFFIC The subject parcel in this rezoning request is located on Route 50 eastbound just west of the Winchester City limits in Frederick County. The roads adjacent to the parcel are currently being upgraded to handle increased traffic flow due to the construction of the new Wal-Mart Supercenter and proposed future commercial growth. More specifically, Route 803, Roundhill Road, has been redesigned and has been constructed to intersect with Route 50 at the eastern boundary of the subject parcel. As required by Virginia Department of Transportation, access to the site from Route 50 will be limited to a right • in only entrance (Proffer 3); a right turn lane will be added to Route 803 to access the page 4 IMPACT ANALYSIWATEMENT • PARCEL ID 52 (A) 252 • site (Proffer 4), and frontage improvements, to provide curb and gutter, will be completed on Route 50 and Route 803 (Proffer 5). A right turn lane has been constructed across the length of the parcel frontage on Route 50 eastbound to serve traffic turning from eastbound Route 50 onto Roundhill Rd. The intersection of Route 50 and Route 803 is a signalized intersection. See Exhibit 1 for existing and proposed road layouts. The latest traffic analysis of the area shows that the current daily average number of vehicles on this section of Route 50 is 17,000 vehicles per day. The daily average for Route 803, Roundhill Road, is 1,200 vehicles per day. This information is from the traffic data published by the Virginia Department of Transportation on their website. This data is dated 2004. The ITE Trip Generation Manual, Seventh Edition, was used to approximate the average daily traffic that will enter and leave the subject parcel. The owner of the subject parcel has indicated that the intended use for the subject parcel upon rezoning would be for a mixture of medical -dental office and retail. This location is situated in close proximity to the Winchester Medical Center. Since the future use is unknown, we have selected land use 815, Free -Standing Discount Store as a worst case to model the traffic count for the site. The ITE Trip Generation Manual describes the Free -Standing Discount Store use as various discount stores with off-street parking, centralized cashiering, a wide variety of products, and typically open 24 hours a day and 7 days a week. The parcel contains 1.38 acres. According to the Frederick County staff, the • parcel can support approximately 29,480 square feet of commercial space. • Free-Standino Discount Store. Code 815 Based on a projected gross leasable area of 29,480 square feet: ■ Weekday: 56.02 trips per 1000 sf = 1651 trips ■ Weekday A.M.: Peak Hour: 5.27 trips per 1000 sf = 155 trips ■ Weekday P.M.: Peak Hour: 5.43 trips per 1000 sf = 160 trips ■ Saturday: 71.19 trips per 1000 sf = 2098 trips ■ Sunday: 54.90 trips 1000 sf = 1618 trips D. SEWAGE CONVEYANCE AND TREATMENT This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. page 5 IMPACT ANALYSIVYATEMENT PARCEL ID 52 (A) 252 • E. WATER SUPPLY This site is within the Sewer and Water Service Area (SWSA) and is therefore eligible to connect to the public sanitary sewer system. It will be the responsibility of the developer to extend service to this parcel. F. DRAINAGE The site is located near the top of a localized drainage area, there is a high point along the western boundary of the site. Therefore, the site experiences very little offsite drainage. The surface water will generally drain to the southeast towards the construction of the new Round Hill Rd. It is assumed that a ditch system will be built along with the new Round Hill Road that should take the water coming from this site into consideration. Development of this site is not expected to greatly affect the amount or velocity of runoff. Considerations for the need of a stormwater management system will be made when specific development plans are created and submitted. G. SOLID WASTE DISPOSAL FACILITIES . It can be assumed that the tenant on each lot will use dumpsters to service the needs of that particular business. It would therefore be of the responsibility of the individual lot owners to pay for the removal of the solid waste accordingly. • H. HISTORIC SITES AND STRUCTURES The site contains no known historic sites or structures as listed on the Virginia Landmarks Register and the National Register. There are seven identified historic sites, one being a potentially significant site, shown in the Frederick County Rural Landmarks Survey that lie within a mile of the site. The potentially significant site is Walnut Grove. The remaining identified sites include Linden, the Old Hoover Place, a Folk Victorian Farmhouse on Route 50, a Farmhouse on Route 50, and the Baker Orchard House. The location and proximity to the subject parcel can be seen in Exhibit 2. The subject property is also not located in an area considered to be a historic Civil War battlefield region by the NPS Shenandoah Valley Civil War Sites Study. A copy of the Civil War Battlefields and Sites map has been attached as Exhibit 3. page 6 IMPACT ANALYSIWATEMENT • PARCEL ID 52 (A) 252 • I. COMMUNITY FACILITIES DEVELOPMENTAL IMPACT MODEL The new Developmental Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facility impacts of commercial and industrial rezoning request are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriffs Department. The nearest fire and rescue facility is the Round Hill Community Fire Company located on Northwestern Grade. No additional fire and rescue facilities will be required for the area proposed to be rezoned. The Frederick County Capital Facilities Impact Model calculates that the projected capital cost for emergency service facilities attributable to this development is $00.00. PARKS AND RECREATION The Frederick County Capital Facilities Impact Model calculates that the projected • capital cost for public park facilities attributable to this development is $00.00. J. OTHER IMPACTS The Frederick County Capital Facilities Impact Model calculates the following additional fiscal impacts attributable to this development: v Public Library - $00.00; v Schools - $00.00 v Sheriffs Office -$00.00, v Administration Building - $00.001 v Other Miscellaneous Facilities - $00.00. After adjustments for tax credits, the net capital facilities impact is $00.00. page 7 • 0 IwOo•siMaJJaluiod®aoijlo : Iiow3 Sb33NIDN3 - z �— dA '.jNf)00 A0183038J MG—Z99(04S) Q1!W!Soo3 9NIi- rnSN03 u z o o o0 ONIN0738 Z6L9—Z99(ObS) auoydalal o m LLJ ZSZ 7— #109ZZ oiui6n^ '�alsayouiN, o v-7CJ JjI1IiYt1 aa�1S IJDMa m OS 121 — .U?J3dOad 3ZI`-IO 1 is Ut�os 9ll a '0'-l'd `SIM3-1-a31NIVd � 3 J 1�3road _ _ / 751 U�. 54e A / � �pUm Ivh 3N�o Y IW I ° �56"eke Ioco na IIW a�� t ��r,� ; • . Ll ?~ so, W u h rp a e ti j I~11 ^m4 p I J e 2p4i J cr rc CO Z I' aN� I - L— I _ o . � I I I HISTORICAL PROPERTY KEY 097 - UNLISTED 098 - WALNUT GROVE" 346 - LINDEN 467 - OLD HOOVER PLACE 469 - FOLK VICTORIAN FARMHOUSE - RT. 50 470 - FARMHOUSE - RT. 50 1381 - BAKER ORCHARD HOUSE NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT SITE AS DENOTED BY THE RURAL LANDMARKS SURVEY REPORT OF FREDERICK COUNTY O 1- Cj � N �QZO a- 0 u4c) af � W W c) N W w g L>- U J a o N M .0 cn �N n N n I N CND (p C_ W �,C Op o a -E 7 y C E `0 v� W��v�.. U O O C W Z E 3 w Q a. 0 <n z SURVEY: C.I.: NA NONE DRAWN BY: JOB NO.: 1200 0 1200 SEM 0507007 SCALE: DATE: 1"=1200' 08/23/05 EX. L. Frederick County Plonning Civil War Battlefields and Sites Ninchvst—, Virgin7o (As Def��:ed by theNPS Shenan do Valley Civil War Sites Study) 12-10-97 ROUND HILL COMMUNITY LAND USE PLAN • Total Study Area 1180 Acres Phase 1 2 3 Area 110 ac. 180 ac. 300 ac, `•"` Woter/Sewer Service Area oomoo Proposed Collector Roods • Community Center Boundary Proposed Community Center Addition Proposed Traffic Signal scut e� iII� 1(n i0o rredenck Co ty Yle 9 vacnee ter, van. June 1996 Hu ' --------------------------------------------------------•---—��\\---------------------------- z > W n..d us. �7r3� 5u - ' irGFrTrr�ai�rrlr ru3E - _ _ . _ w .. _ .� _ _ _LC) � R/1I' VARIES ______________________________________________ P_R_O_FF_E_R ____ _ Q O—j O ----------------------------------------------- —#3 — — — — :�—�/------------------------ W CV w E.R. U.S. ROUTE 50 - NORTYMESTE'RN P/KE ( — Y RI F VARIES .-t----- zttz 0 PROFFER W -----------------------_—__--_--- ---3 — #5 —----------------- ~ J Lij •----'1 I I I i I I I I -- ---------------- PROFFER #8 COMMONWEALTH OF VIRGINIA DEPARTMENT OF 7RANSPOR TA 71ON PIN 52-A-71A ZONED : 82 USE- EXEMPT Notes: 1. Underground Utilities will be installed as required by Frederick County and the Round Hill Community Use Plan. - W Q 0:� — -- -- "''—°wlsr "I '—".0" - ---- -- -- __ W de 3 0 CD ---------- — — — — —— i' I I I / ■ PROFFER I ( I i COMMONWEALTH OF WRGINIA w' I I DEPARTMENT OF 7RANSPORTA77ON I I # 6 I I I I PIN 52-A-71A I ' USE. EXEMPT • ZONED ■ i t I E I I E 8 I I I 1 0 u� N In L 3 GEORGE W. GLAIZE, JR. I I PIN 52-A-252 �► I I PROFFER /// 1 C PROPOSED ZONE: B2 cD PROPOSED USE: BUISNESS $ # 4 / / / / — ` °' 3 '� o o 0 I ^- 0 v' > 0 +�+ O O C LL- 0 \ / // ZV) Dw / V) Z O Z Uw SURVEY: C.L: PL-PLC NA DRAWN BY: JOB NO.: CBS 0209017 SCALE: DATE: 1 ••=60.0' 1 1 /29/06 SHEET: i—_— ---- J / �� /(\ EXHIBIT #5 1 / 1 • i • • • • • 0 Lo WINCHESTER WAREHOUSING, INC. j PIN 52-A-B ---- - DB:I -03-16328 1= CV 28.7 AC. - _ ZONED 82 CV _� �Q20 a n0x I t� 1 W.B. >> ' a V W - W W C R/HY yAR/E.S - NORTIyWEs - _ -- J- — - -- - TER`I_y - E h�i � 50 NOR wEST�jy J 0 04 ro o n `n v) N I Lc) s I COMMONWFAL cV EPgR7a�NT T�R / PIN OF TRA/ 3 .� ^ 52-A-EEDB— - vv ) .400 � _ f sUSI IQ flY A V) o STY x�+"-�z/ ~ 0 Li - \ _ i R� l_ a ;Y LINE VACq TEp COM DE AR7y0ENT OF OF V1RG1Nl , z V l , I- w DEAN A / \ J w U ONED A B2A RTA J Z \ ` SE EXEMPT \ ~ / \ 13 U w \ ` SURVEY: C.L: r 1 b \ NA NONI DRAWN BY: JOB NO.: \ RD 0507007 SCALE: DATE: 1"=100' 08/31/05 \ SHEET: ` Ex.1 \ o �\ W� 1 MI RADIUS FROM • ,CENTER OF SITE HISTORICAL PROPERTY KEY s er v \ 097 — UNLISTED 098 _ WALNUT GROVE** // 346 LINDEN Round Hill 467 — OLD HOOVER PLACE .� 469 — FOLK VICTORIAN FARMHOUSE — RT. 50 FARMHOUSE 1381—BAKER ORCHARD HOUSE 0. si 4' HILL CREST 34Q6 119 1 MILE RADIUS FROM CENTER OF SITE Rt. 803 467 1� NOTE: ** INDICATES A POTENTIALLY SIGNIFICANT SITE AS DENOTED BY THE RURAL LANDMARKS SURVEY REPORT OF FREDERICK COUNTY L / Of N z 0 �QZD WNQV O�W� � Fr IZOf I— W � W N W � wg 0 .; youI� �w SURVEY: C.I.: NA NONE DRAWN BY: JOB NO.: 1200 0 1200 SEM 0507007 SCALE: DATE: Ww 1"=1200' 08/23/05 Scale 1' = 1200 ft SHEET: EX. • 2 0 IMPACT ANALYSIS STATEMENT A PROPOSED REZONING for PARCEL ID - 52 (A) 252 Gainesboro Magisterial District Frederick County, Virginia October 4, 2006 Prepared for: Mr. George W. Glaize, Jr. Glaize Real Estate 30 South Cameron Street Winchester, Virginia 22601 Prepared by: PAINTER-LEWIS, P.L.C. 116 South Stewart Street Winchester, VA 22601 Tel.: (540)662-5792 • email: office@painterlewis.com Job Number: 0507007 ip-050 02as3 I THIS DEED .made and dated this - day of r`W 2005, by and between CJ WINFRED R. ASHWOOD and MARY V. ASHWOOD, parties of the first part, hereinafter called the Grantors, and George W. Glaize, Jr., Trustee of the GEORGE W. GLAfZE, JR, PROFIT SNARING TRUST, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, all of the following described tract or parcel of land: All that certain tract or parcel of land, lying and being situate along the south side of Northwestern Pike (U.S. Route 50) in Gainesboro Magisterial District, Frederick County, Virginia, containing 0.752 acre, and more particularly described on plat of survey drawn by H. Bruce Edens, L.S., dated November 28, 1994, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 866 at Page 300, and CJ .a by this reference made a part hereof as if set out in full; AND BEING the same land conveyed to Winfred R. Ashwood and Mary V. Ashwood by d Deed dated July 19, 1963 from C. L. Robinson Corporation, a Virginia w a corporation, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 291 at Page 301, and by Deed is o u of Boundary Adjustment dated June 13, 1995 from C. L. Robinson 5rJ a 3 Corporation, of record in the aforesaid Clerk's Office in Deed Book 866 at Page 297. x Page 1 of 4 0 0 CD O L, This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. Full power and authority is hereby granted to the Trustee and its successors to protect and conserve the Property; to sell, contract to sell and grant options to purchase the Property and any right, title or interest therein on any terms; to exchange the Property or any part thereof for any other real or personal property upon any terms; to convey the Property by deed or other conveyance to any grantee, with or without consideration; to mortgage, execute a deed of trust on, pledge or otherwise encumber the Property or any part thereof; to Iease, contract to lease, grant options to lease and renew, extend, amend and otherwise modify leases on the Property or anypart thereof from time to time, for any period of time, for any rental and upon any other terms and conditions; and to release, convey or assign any other right, title or interest whatsoever in the Property or any part thereof. No party dealing with the Trustee in relation to the Property in any manner whatsoever, and (without limiting the foregoing) no party to whom the Property or any part thereof or any interest therein shall be conveyed, contracted to be sold, leased or mortgaged by the Trustee, shall be obliged (a) to see to the application of any purchase money, rent or money borrowed or otherwise advanced on the Property, (b) to see that the terms of the trust have been complied with, (c) inquire into the authority, necessity or expediency of any act of Trustee, or (d) be privileged to inquire into any of the terms of the Trust Agreement creating said trust. Every deed, mortgage, lease or other instrument executed by the Trustee in relation to the Property shall be conclusive evidence in favor of every person claiming any right, title or interest thereunder; (a) that at the time of the delivery thereof the said trust was in full force and effect, (b) that such instrument was executed in accordance with the trust, terms and conditions thereof as it may have been amended from time to time and of the said Trust Agreement and is binding Page 2 of 4 i O O C�J upon all beneficiaries thereunder, (c) that the Trustee were duly authorized and empowered to execute and deliver every such instrument, and (d) if a conveyance has been made to a successor or successors in trust, that such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of its, his or their predecessor in trust. The Trustee shall have no individual liability or obligation whatsoever arising from Trustee' ownership as Trustee of the legal title to the Property, or with respect to any act done or contract entered into or indebtedness incurred by said Trustee in dealing with said Property or in otherwise acting as Trustee, except only so far as said Property and any trust funds in the actual possession of the Trustee shall be applicable to the payment and discharge thereof. The interest of every beneficiary under the Trust Agreement and of all persons (4 claiming under any of them shall be only in the earnings, avails, and proceeds arising from the '11 rental, sale or other disposition of the Property. Such interest is hereby declared to be personal property, and no beneficiary hereunder shall have any right, title, or interest, legal or equitable, in or to the Property, as such, but only in the earnings, avails and proceeds thereof as provided in the Trust Agreement. This .Deed is governed by and is to be read and construed with reference to Section 55-17.1 of the Code of Virginia, 1950, as amended, and in force. This conveyance is made subject to all easements, conditions and restrictions ofrecord insofar as they lawfully affect the Property. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property. Page 3 of 4 WITNESS the following signatures and seals. �� ✓G L �Q{�.� (SEAL) Winfred R. Ashwood Mary V. Ashwood STATE OF VIRGINIA CITY OF WINCHESTER, TO - I, , a Notary Public in and for the State and jurisdiction a resai do here certify that Winfred R. Ashwood and Mary V. Ashwood, his Wit , whose name is signed to the foregoing DEED dated the day of , ZOOS has personally appeared before me and acknowledged the same in my State d jurisdiction aforesaid. Given under my hand this 1,::2� day of , 2005. My Commission expires -S -per TAR UBLIC I73Gtaiu 5 A MEE0 - Ashwood to GWU wpd GINIA: FR ERICK COUNTY, SC7: instrument writing was produced tome on at`.' A (2rtifica of acknowledgement thereto annexed �d to card. T imposed by Sec. 58.1-802 of 58.1-801 have been paid, if assessable Cleric . Page 4 of d • • 050009512 f . TaX Map# 13730 52-A-253 O Loan No. 0684440589 Notice of CERTIFICATE (AND AFFIDAVIT) OF SATISFACTION � City of WINCHESTER , County of FREDERICK , State of Virginia, Circuit Court is the location of the following record referenced by this certificate: Date of Deed of Trust : 09/13/2004 Deed Book Page (doc # 040018876 ) Name of Grantors) /Maker(s) : JERRY W CANFIELD SR AND ROBIN T CANFIELD Name of Trustee (s): JOHN BURSON (Grantee), date of note 09/13/2004 Amount of Note $216,000,00 I/We certify that the note(s) secured by the deed of trust, mortgage or other lien described above, has/have bean paid in full to the person(s) entitled and authorized to recieve the same, -and that the lien therein created and retained is hereby released. GZVEN under my/our hand(s) THIS 28TH DAY OF APRIL IN THE YEAR 2005 WASHINGTON MUTUAL BANK, FA BY , Noteholder (s ) CRYSTAL RZ ASST. VICE PRESIDENT State of FLORA County of PINELLAS The foregoing instrument was acknowledged before me by CRYSTAL MOORS the ASST. VICE PRESIDENT of WASHINGTON MUTUAL BANK, FA Subscribed and sworn to before me THIS 28TH DAY OF PDRIL IN THE YEAR 200 *NCW�2eMARY JO (TDD0236404) Notary Publi,� �� Z Cotmnissi n _ ires 07/30/2007 VIRGINIA; IN THE CL•EFRKS OFFICE OF THE CIRCUIT COURT This certificate and affidavit of satisfaction was presented, and with he Certificate annexed, admitted to record on at '4 'c10ck m. Clerk's fees:$ ha e been p a ' da Attest. ,Deputy Clerk Prep by: J, QsinslcilNTC,2100 A . 19 North, aim Harbor, FL 34683 (800)346-9I5Z When Recorded Return To: Nationwide Title Clearing 2100 lilt. 19 North 6 CD 040025400 THIS DEED made and dated this 10`h day of December, 2004, by and between JERRY W. CA.NFIELD, SR. and ROBIN T. CANFIELD, his wife, parties of the first part, hereinafter called the Grantors, and George W, Glaize, Jr., Trustee of the GEORGE W. GLAIZE, JR. PROFIT SHARING TRUST party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten (S 10.00) Dollars, cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantors do hereby grant and convey with general warranty and English Covenants of title unto the Grantee, in fee simple absolute, all of the following described tract or parcel of land: All that certain lot of land containing 27,500 square feet, fronting on the southern boundary line of the Northwestern Grade, U.S. Highway No. 50 in Stonewall Magisterial District, Frederick County, Virginia, being a portion of the Stonewall Orchard land and being more particularly described on a plat and survey of Lee A. Ebert, C. L.S., dated August 1, 1961, attached to the Deed of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 272 at Page 585; AND BEING the same land conveyed to Jerry W. Canfield, Sr. and Robin T. Canfield, his wife, by Deed dated November27, 2002 from Joyce L. Casey, et al, of record in the aforesaid Clerk's Office as Instrument No. 02-0021032. Full power and authority is hereby granted to the Trustee and its successors to protect and conserve the Property; to sell, contract to-"",- and grant options to purchase the Property and any right, title or interest therein on any termso exchange the Property or any part thereof ,for any other real or personal property upon any erms; to convey the Property by deed or other conveyance to any grantee, with or without consideration; to mortgage, execute a deed of trust on, pledge or otherwise encumber the Property or any part thereof; to lease, contract to lease, grant options to lease and renew, extend, amend and otherwise madify leases on the Property or any part thereof from time to time, for anyperiod of time, for any rental and upon any other terms CD h. 1 and conditions; and to release, convey or assignsany other right, title or interest whatsoever in the Property or any part thereof. No party dealing with the Trustee in relation to the Property in any manner whatsoever, and (without limiting the foregoing) no party to whom the Property or any part thereof or any interest therein shall be conveyed, contracted to be sold, leased or mortgaged by the Trustee, shall be obliged (a) to see to the application of any purchase money, rent or money borrowed or otherwise advanced on the Property, (b) to see that the terms of the trust have been complied with, (c) inquire into the authority, necessity or expediency of any act of Trustee, or (d) be privileged to inquire into any of the terms of the Trust Agreement creating said trust. Every deed, mortgage, lease or other instrument executed by the Trustee in relation to the Property shall be conclusive evidence in favor of every person claiming any right, title or interest thereunder, (a) that at the time of the delivery thereof the said trust was in full force and effect, (b) that such instrument was executed in accordance with the trust, terms and conditions thereof as it may have been amended from time to time and of the said Trust Agreement and is binding upon all beneficiaries thereunder, (c) that the Trustee were duly authorized and empowered to execute and deliver every such instrument, and (d) if a conveyance has been made to a successor or successors in trust, that such successor or successors have been properly appointed and are fully vested with all the title, estate, rights, powers, duties and obligations of its, his or their predecessor in trust. The Trustee shall have no individual liability or obligation whatsoever arising from Trustee' ownership as Trustee of the legal title to the Property, or with respect to any act done or contract entered into or indebtedness incurred by said Trustee in dealing with said Property or in otherwise acting as Trustee, except only so far as said Property and any trust funds in the actual possession of the Trustee shall be applicable to the payment and discharge thereof. The interest of every beneficiary under the Trust Agreement and of all persons claiming under any of them shall be only in the earnings, avails, and proceeds arising from the ll_ - - n . r n 0 • VIRG This in c::) rQ cn rental, sale or other disposition of the Property. Such interest is hereby declared to be personal property, and no beneficiary hereunder shall have any right, title, or interest, legal or equitable, in or to the Property, as such, but only in the earnings, avails and proceeds thereof as provided in the Trost Agreement. This Deed is governed by and is to be read and construed with reference* to Section 55-17.1 of the Code of Virginia, 1950, as amended, and in force. This conveyance is made subject to all easements, conditions and restrictions of record insofar as they lawfully affect the Property. This conveyance is made subject to all easements, rights of way and restrictions of record affecting the subject property WITNESS the following signatures and seals. EAL) J . Canfield, Sr. Robin T. Canfield STATE OF VIRGINIA -ITY OF WTS STER, TO -WI a Notary Public in and for the State and msdiction esaid, hereby c6dify that JerryW. Canfield, Sr. and Robin T. Canfield,his Rfe, whose name is signed to the foregoing DEED dated the 10' day of December, 2004 has �rsona.11y appeared before me and acknowledged the same in my State and jurisdiction bresaid. Given under my hand this 10`h day ofDecember, 2004, My Commission expires FRED'�RIC'K COUNTY sC . 'ent of writing was produced to me on -,at nt;;t �`"'t` iif �ci;r_o�;icd�*i•mcnt t1��rr;,� tl l rcc ord. T 12125G�vt1A�EL•D-Cu�irieldtor�'• J��i•1`t5jj7 of and 58.I-'01 have bcr n Paid, if assessable IMPACT ANALYSISWATEMENT . PARCEL ID 52 (A) 252 0 EXHIBIT 7 - CURRENT TAX STATEMENT • page 15 r ar,�, 0 • Real Estate Public Inquiry Ticket Detail 2006 REAL ESTATE TAXES Department# : RE2006n Ticket #: ( 124680001 j FRQ:F— Sup#: 0 Name: GLAIZE, GEORGE W. JR _ w Account#:1,1`337729 j 52 A 252 p Address: PROFIT SHARING TRUST Description: 1.38 ACRES — 30 S CAMERON ST WINCHESTER, VA. ( 22601 Bill Date: 06/OS/2006 Due Date: 06/05/2006 j Land: $52,5001 Improve: Use: Ori;inal Bill: $137.82' payments: $137.82-} Acres: �— 1.38 Penalty Paid: Int Paid: ; Discount: Amount Owed Other: Last Date: 05/15/2006 Total Owed: Penalty: _ _.._. Interest: J 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 Nvebsite aeain. • • Date Type Transaction # Amount Balance 6/5/2006 Charge 0 $137.82 $137.82 5/15/2006 Payment 11103 ($137.82) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. �Neuv Search` Previous„, Mips://www. co. frederick.va.us/applications/REPublicInquiryNiewDetail. aspx 9/26/2006 VlewDctall 0 0 Page I of I Real Estate Public Inquiry Ticket Detail Department# RE2005 Ticket #: 12590001 FRQ: I Sup#: 0 Name: a : GLAIZE, GEORGE W. JR - rqap#: 52 A 252 Name 2: Address: PROFIT SHARING TRUST Description: -75 ACRE .30 S CAMERON ST .WINCHESTER, VA. :22601 Bill Date: 0610612005 Due Date: 06/06/2005 Land:. $51,000. Oriain a! Bill: $586.43 Penalty Paid: a Amount Owed: Total Owed:' Improve: $172,400 1' Use: Payments: $586.43-:: Discount: Int Paid: Last Date: 05/20/2005: Other: Penalty: Interest: Note that if payment has been received within the last 10busiuess days, any returned i-,-ms may not be posted at this time. Please check the website again. fVDate TjTe Transaction -A-Mount Balance 61612005 Charge, 01 $586.43 $586.43 Charge 771401 ($586.43) $0.00 5/20/2005 Payment I se the print key for your browser to print a copy of taxes paid for this year. New -Search ViewDetall E Page I of I rl Real Estate Public Inquiry Ticket Detail Department#: RE2005 Ticket 8: 12590002 FRQ: 2 Sup#: 0 Name: GLAIZE, GEORGE W. JR Map#: 52 A 252 Name 2: Address: PROFIT SHARING TRUST Description: -75 ACRE 30 S CAMERON ST VINCHESTER, VA. 22601 BM Date: 12J0612005 Due Date: 12/05/2005 Land: $51,000 Improve: $172,400 1 Use: Original JE)J11. 42 S586.Payments: Discount: Penalty Paid:- Int Paid: Last Date: 12/06/2005: Amount Owed.' $586.42 Other: Total Owed:: $586.42 Penalty: Interest: Note that Zpayment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction . Amount Balance 121612005 1 Charge o F- $586.42 $586.42 Use the print key for your browser to print a copy of taxes paid for this i New. Iq Previous ViewDetail 0 0 Page I of I 4� J4 i �A Real Estate Public Inquiry Ticket Detail Department# RE2005 Ticicet#:, 120910001 FRQ: I Sup#: 0 Name: GLAIZE, GEORGE W JR Map#: 52 A 253 Name 2: Address: PROFIT SHARING TRUST Description: .62 ACRE 30 S CAMERON ST :WINCHESTER, VA 22601 Bill Date :06/06/2005 Due Date: :06106/2005 Land:' $51,000 Improve: $254,600 Use: d-x Oria!1121.611 :, $802.20 Payments: $802.20-!: Discount: Penalty Paid:: Int Paid: Last Date: 05/2012005 Amount Owed: Other: Total Owed:.' P Penalty: Interest: Note that if payment has been received within the last 10 business days, aDv returned items may not be posed at this time. Please check the website again. Date TYP6 Transaction # Amount Balance 61612005 Charge T $802.20 $802.201 5/2012005 1 Payment 771401 ($802.20)1 $0.00 JjUse the print key for your browser to print a copy of taxes paid for this year. ViewDetail 0 a Page 1 of 1 ii Real Estate Public Inquiry Ticket Detail Department# : RE2005 Ticket #: 120910002. FRQ: 2 Sup#: 0 Name: GLAIZE, GEORGE W JR ------ �_-- -- -- -- Map#: 52 A 253 Name 2: Address: PROFIT SHARING TRUST Description: .62 ACRE 30 S CAMERON ST WINCHESTER, VA 22601 Bill Date: 12/06/2005 Due Date: _ 12/05/2005 Land:' $51,000 original Bill:$802.20 Penalty Paid:' Amount Owed: $802.20 Total Owed:. $802.20 Improve: $254,600 ; Use: Payments: Discount: Int Paid: Last Date: 12/06/2005. Other: Penalty: Interest: Note that ifpayment has been received within the last 10 business days.. any returned items may not be posted at this time. Please check the website again. Date T)Te Transaction # Amount Balance 2/6/2005 Charge 0 - $802.20 $802.20 H 0 1 Use the print key for your browser to print a copy of taxes paid for this year. New=Search ,Previous_, IMPACT ANALYSIATEMENT PARCEL ID 52 (A) 2 2 • • • EXHIBIT 6 - PROPERTY DEED page 14 0 0 COUNTY of I+REDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 16, 2007 Andrew J. Tapscott, Esq. Hunton & Williams LLP Riverfront Plaza, East Tower 951 East Byrd Street Richmond, VA 23216 RE: Zoning Certification 2255 Northwestern Pike Property Identification Number (PIN): 52-A-252 Zoning District: B-2 (Business, General) Dear Mr. Tapscott: In response to your letter this office received on August 13, 2007, for a zoning certification for the above -referenced property, we have examined our records with respect to the parcel and advise you, as of this date: • The property is identified as Tax ID No. 52-A-252; Frederick County is responsible for any administration of the Code of Frederick County as related to this property. • The property is zoned B-2 (Business, General) and is subject to the Code of Frederick County. This property is subject to the proffers assigned from Rezoning #14-06 approved February 28, 2007. I have provided a copy of the proffers and the B-2 section of the Frederick County Zoning Ordinance. • The proposed use of this property for a bank is permitted under the Frederick County Zoning Ordinance. The property is currently in compliance with the Frederick County Zoning Ordinance. If you have any questions c6ntact me at 540-665-5651. Sincerely, / Ire - Mark R. Cheran Zoning Administrator Attachments MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 I I L, C 0 P --- 0 F � �:' L�r' I 'IeN �C �i�' COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return of Sign Deposit DATE: March 12, 2007 The amount of $50.00 was deposited in line item #3-010-013030-0007. Mr. Glaize had a deposit for one sign for Rezoning #14-06 for Glaize Property. He has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: George Glaize Jr. 30 S. Cameron St. Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 RECEIVED FROM gDDRESS \,3 d a ...a��' ' �'���-� � noo5980001 @@ �UW // f, �/2006 VCJ —L 7 )1 DOLLARS Pd by DEPT OF PLANNING BALANCE DUE INCLUDES PENALTY/INTEREST THRU THEChecMONTH7841012nn# CKS aoe ee Doe ry i%�c o °� ox e5'Doe lQi Qeccy e tb Scat-, - 1 .1 � s5toW °f Co ,``eaby �aa!e`�aSO` el tea' G°0, titiS Oti25 ceaec� 4 Oc$o ",(a,) ' �,��besl5nol66g_5 atess aays d►a'� �Kea�c�°� , 4 o`eo�s G° e a�}S a°t 5..° t �a�lo COS O<<'ceo meCIO `toes, o��� offeceoca�tn •.•• •� \a�a.�, day ayb� ��S.0 •••. V10oefJ\ T A X R E C E I P T tJ1°n v d ca 1SC� ace ERI CK COUNTY c deab°°c •�.•NS��Gshe�e`e(. WILLIAM ORNDOFF, JR F� •� a$ea�d�es .O. BOX 225 •.•'•� t'l1C estate `�°� / WINCHESTER VA 22604-0225 F�Rv�tbattbest of Oy ,oe55 oetto0a'oto� ZONING APPLICATIONS 5 oa�o�e Sig 1. Ticket #:00015990001 Date : 10/06/2006 Register: CJO/CJ Trans. #: 29601 Dept # ZASP Acct# Previous Balance $ 3388.00 Principal Being Paid $ 3388.00 Penalty $ .00 Interest $ .00 Amount Paid $ 3388.00 *Balance Due $ .00 • Pd by DEPT OF PLANNING Check 37845.12 # CKS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 10/2006 • f PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 116 South Stewart Street fax.: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com February 2, 2007 Mr. George Glaize, Jr. 30 S. Cameron Street Winchester, VA 22601 RE: GLAIZE 1.38 ACRE TRACT ON ROUTE 50-REZONING #14-06 Dear George: As a result of the vote at their December 20 meeting, the Planning Commission is insisting that no parking be allowed between the front of any building and the Route 50 right-of-way in the Round Hill Route 50 corridor. I am concerned that by proffering this design standard you will adversely impact the marketability of the tract. I would like to be satisfied that this issue has been thoroughly reviewed particularly with respect to the following: 1) The design principles for the Round Hill Route 50 Corridor state that development should be encouraged to place buildings "close" to Route 50 with landscaped parking lots in the rear. By a unanimous vote, the Planning Commission recommends disap- proval of the rezoning application unless we proffer to eliminate all parking between Route 50 and any building on the parcel. See the attached page from the Comprehen- sive Plan that contains the design principles. The term "close" is not defined. However, under the current ordinance, buildings cannot be placed closer than 50' from the right- of-way, that is, at the building restriction line(BRL). 2) The design principles for Round Hill recognize that "smaller tracts" along the south side of Route 50 should be treated differently than "larger tracts". While these terms are not clearly defined, it is my impression that the subject tract is considered by the Planning Commission to be a "smaller tract", since they have accepted the proffer to create a 20' landscaped easement rather than a 50' landscaped easement along Route 50. At the same time, if required to prohibit parking in front of the building, we are essentially providing the 50' easement anyway as a result of the current require- ment for a 50' BRL. The exception is that drive aisles are allowed. This seems incon- sistent. 3) At the November 1 Planning Commission meeting, the commissioners were not satis- fied with the proffers and tabled the application. At that meeting, there was no discus- sion of the prohibition of parking between Route 50 and the building front although it was mentioned in the staff report. At the December 20 meeting, it was evident that the only issue preventing a recommendation for approval of the application was the front yard parking issue. It is my impression that the commissioners feel that the appear- ance of the Route 50 corridor will be improved through the application of this design standard. I don't disagree that additional green space along the corridor is desirable. am concerned that proffering this design standard may have an adverse impact on the A Mr. George Glaize, Jr. January 9, 2007 marketing of this tract. I could not glean from the commissioners' responses that they shared my concern. In the case that all parties understand that the implementation of this design standard is the most beneficial approach for commercial development along Route 50 in Round Hill, then the Zoning Ordinance should be amended so that it is applied evenly to all commercial development. (I would suggest that the county also consider a reduction in the front yard depth. This would allow the buildings to be set closer to the right-of-way, it would provide more development area on the tracts, and it would promote pedestrian access.) The language in the Comp Plan is simply a guide and the proffers are voluntary. 4) In the application all other design elements of the Round Hill plan have been proffered including the 20' landscape easement along Route 50. Under the current Zoning Ordi- nance for B2 zoning, it is possible to locate parking at the 5' parking restriction line. By proffering this landscape easement, you have agreed to eliminate any development on an additional 15' along the Route 50 frontage. 5) The application contains a proffer that restricts the amount of parking in front of the building to two rows with one access aisle. This proffer is intended to eliminate larger expanses of parking along the Route 50 corridor. It is also reflective of the City of Win- chester corridor enhancement design requirement that restricts building setbacks to a maximum of 85'. 6) The elimination of parking from the Route 50 front yard will adversely impact the mar- keting of the tract for retail usage. Typically, a retail development will face Route 50 to maximize store exposure and provide parking facilities which will have direct access to the store front. 7) Attached to this letter is an email from Susan Eddy dated December 28 which con- tained a sketch which showed the development of a restaurant on the tract. The sketch showed adequate parking for the building "without parking in the front". In the staff report dated January 3, prepared for the January 10 Board of Supervisors meet- ing, Susan states in the conclusion that "staff has shared with the applicant's represen- tative ideas for how the site could be designed to accommodate B2 uses while provid- ing parking behind the building". It would be unfair to the design community and to you if the Board of Supervisors were to deny this application based on this sketch for the following reasons: a) The sketch shows a restaurant use. We are not proffering to develop the tract for a restaurant use. b) The building on the sketch contains 4800 square feet on a single story. Using this size of a building makes simple the task of eliminating parking from the front yard. c) The sketch doesn't show site services such as loading area, trash pick-up area, or escape lane from the drive -through. These types of design elements which consider critical to site function are not shown, and therefore the sketch does not fully illustrate the impacts resulting from the front yard parking restriction. d) The application supports a speculative rezoning. As such, we want to retain as many development options as possible including straight retail, office, and medical office. It is my opinion that the site could contain at least 13,000 square feet of re- tail space, 20,000 square feet of office space, or 17,000 square feet of medical of- fice space. Page 2 PAINTER-LEWIS, P.L.C. Mr. George Glaize, Jr. 0 January 9, 2007 8) Attached are typical retail concept plans which illustrate that the prohibition of parking in front of the building will likely result in the following: a) a reduction in the amount of floor area that could otherwise be constructed on the parcel; b) a reduction in the number of parking spaces that are located such that access is direct to the building fagade; c) orientation of the building fagade toward Route 803. d) building services, trash pick-up and loading, may conflict with customer parking. Sincerely, John C. Lewis, P.E., C.L.A. File: 0507007 Page 3 PAINTER-LEWIS, P.L.C. 0 0 Page 1 of 2 Susan Eddy From: John Lewis Uclewis@painterlewis.com] Sent: Thursday, January 25, 2007 12:38 PM To: Susan Eddy Subject: FW: Glaize Property Susan: this is an exact copy of the docs I sent to the Board member except, I did not send them the GasPumpLayout(3). But I think some clarification of the "no parking in front of the building" design principle would be helpful if we were to construct a C store in this lot. I am available to meet on this subject at any time if you think that is appropriate] Thanks John John C. Lewis Painter -Lewis, P.L.C. 116 S. Stewart Street �= Winchester, VA 22601 Tel.: 540-662-5792 Fax.: 540-662-5793 From: John Lewis [mailto:jclewis@painterlewis.com] Sent: Tuesday, January 09, 2007 10:52 AM To: John Riley Oriley@co.frederick.va.us) Cc: glaize@verizon.net Subject: FW: Glaize Property John: Attached to this email is correspondence from Susan Eddy with her sketch of the site development, a letter outlining my concerns with the planning commission position on the development of the site, and two drawings showing the potential difference in site development when parking is and is not permitted along Route 50. 1 appreciate your input. I'll see you on the 16th at 2:30. Thanks John C. Lewis - Painter -Lewis, P.L.C. , 116 S. Stewart Street Winchester, VA 22601 Tel.: 540-662-5792 Fax.: 540-662-5793 From: Susan Eddy [ma iIto: seddy@co.frederick.va.us] Sent: Thursday, December 28, 2006 2:59 PM To: John Lewis Cc: Eric Lawrence Subject: Glaize Property John, 2/2/2007 0 0 Page 2 of 2 I am aware that you are not in the office until January 5th, but I am out of the office from January 4-9. The Glaize Property rezoning is scheduled for the Board of Supervisors on January 10th. At the public meeting before the Planning Commission on December 20th, you made a number of comments related to the 50' front yard setback and the design standard in the Round Hill Plan prohibiting parking in front of the building. In order to satisfy myself that it is possible to achieve both of these, I had a simple sketch prepared for the site showing a building the same size as the Chick Filet being constructed at Winchester Gateway. It is in fact possible to site such a building without parking in the front. It is a simple sketch, so not everything is included. However, it shows 57 parking spaces, when only 48 were required for the Chick Filet at Winchester Gateway. Please contact me to discuss this further. In my absence, please contact Eric Lawrence. Regards, Susan Susan K. Eddy, AICP Senior Planner Frederick County Planning Department 107 North Kent Street Winchester, VA 22601 540-665-5651 2/2/2007 0 PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 116 South Stewart Street Winchester, VA 22601 February 2, 2007 Mr. George Glaize, Jr. 30 S. Cameron Street Winchester, VA 22601 tel.: (540)662-5792 fax.: (540)662-5793 email: office@painterlewis.com RE: GLAIZE 1.38 ACRE TRACT ON ROUTE 50-REZONING #14-06 Dear George: As a result of the vote at their December 20 meeting, the Planning Commission is insisting that no parking be allowed between the front of any building and the Route 50 right-of-way in the Round Hill Route 50 corridor. I am concerned that by proffering this design standard you will adversely impact the marketability of the tract. I would like to be satisfied that this issue has been thoroughly reviewed particularly with respect to the following: 1) The design principles for the Round Hill Route 50 Corridor state that development should be encouraged to place buildings "close" to Route 50 with landscaped parking lots in the rear. By a unanimous vote, the Planning Commission recommends disap- proval of the rezoning application unless we proffer to eliminate all parking between Route 50 and any building on the parcel. See the attached page from the Comprehen- sive Plan that contains the design principles. The term "close" is not defined. However, under the current ordinance, buildings cannot be placed closer than 50' from the right- of-way, that is, at the building restriction line(BRL). 2) The design principles for Round Hill recognize that "smaller tracts" along the south side of Route 50 should be treated differently than "larger tracts". While these terms are not clearly defined, it is my impression that the subject tract is considered by the Planning Commission to be a "smaller tract", since they have accepted the proffer to create a 20' landscaped easement rather than a 50' landscaped easement along Route 50. At the same time, if required to prohibit parking in front of the building, we are essentially providing the 50' easement anyway as a result of the current require- ment for a 50' BRL. The exception is that drive aisles are allowed. This seems incon- sistent. 3) At the November 1 Planning Commission meeting, the commissioners were not satis- fied with the proffers and tabled the application. At that meeting, there was no discus- sion of the prohibition of parking between Route 50 and the building front although it was mentioned in the staff report. At the December 20 meeting, it was evident that the only issue preventing a recommendation for approval of the application was the front yard parking issue. It is my impression that the commissioners feel that the appear- ance of the Route 50 corridor will be improved through the application of this design standard. I don't disagree that additional green space along the corridor is desirable. am concerned that proffering this design standard may have an adverse impact on the Mr. George Glaize, Jr* 0 January 9, 2007 marketing of this tract. I could not glean from the commissioners' responses that they shared my concern. In the case that all parties understand that the implementation of this design standard is the most beneficial approach for commercial development along Route 50 in Round Hill, then the Zoning Ordinance should be amended so that it is applied evenly to all commercial development. (I would suggest that the county also consider a reduction in the front yard depth. This would allow the buildings to be set closer to the right-of-way, it would provide more development area on the tracts, and it would promote pedestrian access.) The language in the Comp Plan is simply a guide and the proffers are voluntary. 4) In the application all other design elements of the Round Hill plan have been proffered including the 20' landscape easement along Route 50. Under the current Zoning Ordi- nance for B2 zoning, it is possible to locate parking at the 5' parking restriction line. By proffering this landscape easement, you have agreed to eliminate any development on an additional 15' along the Route 50 frontage. 5) The application contains a proffer that restricts the amount of parking in front of the building to two rows with one access aisle. This proffer is intended to eliminate larger expanses of parking along the Route 50 corridor. It is also reflective of the City of Win- chester corridor enhancement design requirement that restricts building setbacks to a maximum of 85'. 6) The elimination of parking from the Route 50 front yard will adversely impact the mar- keting of the tract for retail usage. Typically, a retail development will face Route 50 to maximize store exposure and provide parking facilities which will have direct access to the store front. 7) Attached to this letter is an email from Susan Eddy dated December 28 which con- tained a sketch which showed the development of a restaurant on the tract. The sketch showed adequate parking for the building "without parking in the front". In the staff report dated January 3, prepared for the January 10 Board of Supervisors meet- ing, Susan states in the conclusion that "staff has shared with the applicant's represen- tative ideas for how the site could be designed to accommodate B2 uses while provid- ing parking behind the building". It would be unfair to the design community and to you if the Board of Supervisors were to deny this application based on this sketch for the following reasons: a) The sketch shows a restaurant use. We are not proffering to develop the tract for a restaurant use. b) The building on the sketch contains 4800 square feet on a single story. Using this size of a building makes simple the task of eliminating parking from the front yard. c) The sketch doesn't show site services such as loading area, trash pick-up area, or escape lane from the drive -through. These types of design elements which I consider critical to site function are not shown, and therefore the sketch does not fully illustrate the impacts resulting from the front yard parking restriction. d) The application supports a speculative rezoning. As such, we want to retain as many development options as possible including straight retail, office, and medical office. It is my opinion that the site could contain at least 13,000 square feet of re- tail space, 20,000 square feet of office space, or 17,000 square feet of medical of- fice space. Page 2 PAINTER-LEWIS, P.L.C. Mr. George Glaize, JrO • January 9, 2007 8) Attached are typical retail concept plans which illustrate that the prohibition of parking in front of the building will likely result in the following: a) a reduction in the amount of floor area that could otherwise be constructed on the parcel; b) a reduction in the number of parking spaces that are located such that access is direct to the building fagade; c) orientation of the building fagade toward Route 803. d) building services, trash pick-up and loading, may conflict with customer parking. Sincerely; John C. Lewis, P.E., C.L.A. File: 0507007 Page 3 PAINTER-LEWIS, P.L.C. DEVELOPMENT DATA 1. ` TAX MAP NUMBER: 52-A-252 _ — — — — -- ._,.._.,......_.....__.. 2. EXISTING ZONING: RA 3. PROPOSED ZONING: B2 - ^- 4. BUILDING RESTRICTION LINES: --- — — — — _ front- 50' (U.S. Route 50) front- 35' (VA Route 803) = -----,'.a--------------------------------- .. (--------------- side- none NORTHWESTERN PIKE rear- none 7------------------- - ------- 5. PROPOSED USE: RETAIL ', US ROUTE 50 � - 6. PARCEL AREA: 1.38 acres (60.250 sq. ft.)------- ^----'�----------- _ 7. GREENSPACE REQUIRED: 15% (9,037.5 sq. ft.) B. GREENSPACE PROPOSED: 22.3R (13.450 sq. ft.) - — 9. PROPOSED IMPERVIOUS AREA COVERAGE: 77.7x (46.800 sq ft.) - - - - - building footprint- 13,600 sq. ft.- asphalt pavement- 30,200 sq. ft.—'"_- concrete pavement- 3,000 sq. ft. �- 10. PARKING SETBACK RESTRICTION LINES: RIGHT -IN ONLY all property lines: 5' TRANCE 11. PARKING REQUIREMENTS: 13,600/200- 68 spaces required(RETAIL) ` 1 parking shown- 68 spaces (Including 3 HC) 40 0 40 Scale 1" = 40 ft ' ' I?I I I n,I it I I„►11I,RI ! I R 17 ti I , ' I 1 I 1 1 11 I I I I I L CL F- U Z Q > O C-4 U Ln N U Z FY— I Q W N Li- OV Q_ u-) N `1 U w Z (if — — — — —ra — — — r—--------- a \\ 3 L,J Q \ \ ,,' N a-L� tI I I I TM H,-d`I CN 00 V Ir iW- I I J o �< E 44 __.._........___... I , f PROPOSED R AIL BUILDING 'm ' 13,60C sq. n. , 419 _ ...i .8 I A N (V� ' I / I / I C N ' , V1 - 6 u4 i I I/ a I I 0 I; N 04 N d ,s ,c I, i W 15 ' og. ti t r' I 1� `II "r I V) In E o O — r MAIN SITE I 1 � I 'ENTRANCE I' fIAIINII�G / AF F.TW AC A:I.w, __ ,i I` ! SURVEY: _ \ II I PL-PLC DRAWN BY: JOB NO.: - S S 0507007 \ , ... `, SCALE: DATE: , i I A/�; SHEET: / /'` I % it RESERVE-20(2) DEVELOPMENT BAT "� ` ..'' 1. TAX MAP NUMBER: 52-A-252-------------o-+.r---�'r =--------..�.,_,�-����_-���..-_ _ 2. EXISTING ZONING: RA - 3. PROPOSED ZONING: B2 — — — — — —- ` -- ---_ -- 4. BUILDING RESTRICTION LINES: _-- --��� ------_-- J — — — ^. —_--_� - --__ -- .. — — _ _ ___ _ ----------------- front- 35' (U.S. Route 50) _ j � j r front= 35' VA Route 803 -'- ` OU - side= none NORTHWESTERN PIKE \ -, _11' ; Ln Y rear- none ---------------- — --------------------- _ _._ --------Y---------)------------ , N Z 5. PROPOSED USE: RETAIL US ROUTE 50 i I Q U 6. PARCEL AREA: 1.38 acres 60.250 ft. �_--_____ 7. GREENSPACE REQUIRED: 15% (9,037.5 sq. ft.) �' l — _ _ 3 _ 8. GREENSPACE PROPOSED: 23.6% (14.230 sq. ft.) — y , � .._ ... - - _ U1 N 9. PROPOSED IMPERVIOUS AREA COVERAGE: 76.4X (46.020 sq. ft.) - ---- -- -- -_ '-- — — — — ._.. - _ __-. — - - _- 1 rr . — �_ .... j - U ( M N building footprint= 12,720 sq. tt. = _.. ...... - ` L ��l \ \\� i `r` ,' '. ` r' U lY __.._ r as alt avement= 30,300 s . ft.'-- // Ph P q / — — — '--870— — ....., ..._ i } l fVi�I_ / Il:l ' '` O Y -` '- concrete pavement= 3.000 sq. ft � ���,�� _ _ _ _ __t �� - ' 10. PARKING SETBACK RESTRICTION LINES: 3' PAR,rrnt: /� all property lines: 5' +RIGHT -IN ONLY M1sl_ -- ;...._ - .. '4 Of 11. PARKING REQUIREMENTS: �W P(TRANCE + l i ' I ` r ' r r `r d L� 12,720/200= 64 spaces reguired(RETNL)'' r ` + '' rri ___— r♦ r / I N parking shown: 66 spaces (including 3 HC) ` \ `, I I I \ + \� I \\ r `� O \ I I 1' �\ r I a cga Ln Y � i 1PARK10 SETBACK Nay. _.._ I 1 ' \ � �/ I Ir r�' it I' ■ CL o ' n dNrn „I I I I II PROPOSED w U,) U) m BUILDING - 1�Ills �_ II W� I J drno v°12,72a sq. n. V)5Ln Ln oa s 110 _ I 7 I I 1 I Z I v)5orEo ' r x Fees,3 E MAIN SITE I / Z ENTRANCE I RETAINING WALL �' [� i= LL, N rj rff Jr �%M. 1 SURVEY: C.I.: - -- PL-PLC p' r r ,• '` �- _ ( I i Ir i ' /'F DRAWN BY: JOB NO.: , 55 0507007 r 40 0 40 \ rl '--------- --- -- -- -- 1`' r` �i SCALE: DATE: I ' 1 /O3/07 l HEE , Scale 140 ft ; �\ �ICI (�'=r/.^--err RESERVE_50 " = %. + DEVELOPMENT DATA: --------------------------------- 1. TAX MAP NUMBER: 52—A-252 2. EXISTING ZONING: RA 3. PROPOSED ZONING: 82---------------------------------�+ 4. BUILDING RESTRICTION LINES: front- 50' (U.S. Route 50) ------------------------------- -- ---- front= 35' (VA Route 803) NORTHWESTERN PIKE side= none -----. _.----� rear —none --------------------------------------- 5. PROPOSED USE: RETAIL US ROM 50 6. PARCEL AREA: 1.38 acres (60.250 sq. ft.) '----- 7. GREENSPACE REQUIRED: 15% (9,037.5 sq. ft.);?- B. GREENSPACE PROPOSED: 19% (11,645 sq. ft.) 9. PROPOSED IMPERVIOUS AREA COVERAGE: 80.7% (48,605 sq. ft.) building footprint= 5,360 sq. ft. asphalt pavement= 40,530 sq. ft. concrete pavement= 2,715 sq. ft.—� — — — — — ��— 10. PARKING SETBACK RESTRICTION LINES: RIGHT —IN ONLY --- all property lines: 5' ENTRANCE 11. PARKING REQUIREMENTS: 5,380/200- 27 spaces required(RETAIL) parking shown- 31 spaces (Including 2 HC) I 25' -- [— 8 I ❑❑ f RETPJNING LL -- - 40 0 40 Scale 1" = 40 ft ---------- ------ti.r r ---- --= ------------------ -------------------- ----------'------- I n PROPOSED j d RETAIL BUILDING 5,360 sq. ft. Adf AW .\ 144 I I I, I I' II I I I If II I t_ I- I B 7dwV4 I Aw.w* 0 I­_ W U Z Q O I N L� Ln N U Z Ir— I Q Q m O W N W D- Ln to Y 0 U � � Z CL Y \ I N Q \ \ I I a- Li \VA I I 3 I I I O I li I 00 I V � I t- I ■ I � I 0 I J Q I a oNM0 8 I I > I �N° y I I I N NU1 Lna Q � I d I I N UJ _d R I = I J > 6 � !4) 0 0 7 Z & N w t E O h II i i W �3Fees o.c II I r • I I ENTRANICE ` Uza w /'• SURVEY: C.I. PL—PLC 2' I DRAWN BY: JOB NO.: RED 0507007 SCALE: DATE: 1 •-40.0' 01 /10/07 SHEET: LAYOUT 3 n 40 PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 116 South Stewart Street Winchester, VA 22601 January 8, 2007 tel.: (540)662-5792 fax.: (540)662-5793 email: office@painterlewis.com Mr. Eric Lawrence Frederick County Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 RE: GLAIZE PROPERTY -REZONING #14-06 Dear Eric: Because of time off for the holidays, I have been unable to adequately prepare for the pend- ing Board of Supervisors meeting on January 10. By way of this letter, I am requesting that the hearing for the rezoning be postponed until the February 14 meeting. Sincerely; ut�A� John C. Lewis, P.E., C.L.A. C: G. Glaize File: 0507007 JAN g 2007 I • PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 116 South Stewart Street Winchester, VA 22601 January 8, 2007 tel.: (540)662-5792 fax.: (540)662-5793 email: office@painterlewis.com Mr. Eric Lawrence Frederick County Department of Planning and Development 107 North Kent Street, Suite 202 Winchester, VA 22601 RE: GLAIZE PROPERTY -REZONING #14-06 Dear Eric: Because of time off for the holidays, I have been unable to adequately prepare for the pend- ing Board of Supervisors meeting on January 10. By way of this letter, I am requesting that the hearing for the rezoning be postponed until the February 14 meeting. Sincerely; John C. Lewis, P.E., C.L.A. C: G. Glaize File: 0507007 0 PAINTER-LEWIS, P.L.C. DEC 5 2006 CONSULTING ENGINEERS tel.: (540)662-5792 116 South Stewart Street fax: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com December 5, 2006 Ms. Susan Eddy, AICP Senior Planner Frederick Co, Planning 107 N. Kent Street Winchester, VA 22601 RE: Proposed Rezoning of Glaize Property — Round Hill Dear Ms. Eddy, Enclosed, please find for your records, a notarized Proffer Statement with the corrected number of proffers, (#7 has been added) for the above referenced project. Please feel free to contact this office if you have any questions or if you require additional information. ncere , II Fries Engineering Administrative Assistant PAINTER-LEWIS, P.L.C. Enclosure File: 0507007 PAINTER-LEWIS, P.L.C. E a PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS 116 South Stewart Street tel.: (540)662-5792 NOV 2 % 2006 fax: (540)662-5793 Winchester, VA 22601 email: office@painteriewis.com November 27, 2006 Ms. Susan Eddy, AICP Senior Planner Frederick Co, Planning 107 N. Kent Street Winchester, VA 22601 RE: Proposed Rezoning of Glaize Property — Round Hill Dear Ms. Eddy, Enclosed, please find for your review and comment a copy of the Proposed Proffer Statement for the above referenced project. Revisions have been made per your meet- ing with Mr. John Lewis, November 8, 2006. Once you have had an opportunity to re- view, we look forward to receiving your comments for the revisions. Please feel free to contact me if you have any questions or if you require additional in- formation. Sincerely, Jill Fries Engineering Admin. Asst. PAINTER-LEWIS, P.L.C. Enclosure File: 0507007 PAINTER-LEWIS, P.L.C. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 -- FAX: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: Susan K. Eddy, Senior Planner S RE: Glaize Property Rezoning (RE, Z #14-06) DATE: November 20, 2006 At the Planning Commission Meeting on November 1, 2006, the Glaize Property Rezoning (REZ #14-06) was postponed for 30 days, in order for the applicant to address issues raised by the Planning Commission and staff. Staff has met with the applicant's representative, Mr. Jolm Lewis, but revised plans have not yet been submitted. Therefore, the application will not be considered at the December 6"' Planning Commission meeting. The application will be returned to the Planning Commission when revised plans that address Commissioner's concerns are received. Please contact me if your have any questions. SKE/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 r • PAINTER-LEWIS, P.L.C. CONSUL77NG ENGINEERS tel.: (540)662-5792 116 South Stewart Street fax: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com December 1, 2006 Ms. Susan Eddy, AICP Senior Planner DEC 2006 Frederick Co, Planning 107 N. Kent Street Winchester, VA 22601 RE: Proposed Rezoning of Glaize Property — Round Hill Dear Ms. Eddy, Enclosed, please find for your review a revised Generalized Development Plan (Exhibit 5) and revised, notarized Proffer Statements, for the above referenced project. This is the document that should be forwarded to the Planning Commission. Please feel free to contact this office if you have any questions or if you require additional information. Sincerely, Jill Fries Engineering Administrative Assistant PAINTER-LEWIS, P.L.C. Enclosure File: 0507007 PAINTER-LEWIS, P.L.C. 0 • PAINTER-LEWIS, P.L.C. CONSULTING ENGINEERS tel.: (540)662-5792 116 South Stewart Street fax: (540)662-5793 Winchester, VA 22601 email: office@painterlewis.com October 13, 2006 Ms. Susan Eddy, AICP Senior Planner Frederick Co, Planning 107 N. Kent Street Winchester, VA 22601 RE: Proposed Rezoning of Glaize Property — Round Hill Dear Ms. Eddy, Enclosed, please find for your review a revised Generalized Development Plan (Exhibit 5) and revised Proffer Statements, for the above referenced project, as you requested October 11, 2006. The GDP has been revised by removing the building and parking in- formation from the parcel. The Proffers have been revised by adding a statement that connects the completion to an event to allow for a measurable outcome of the proffered item. Please feel free to contact me if you have any questions or if you require additional in- formation. Sincerel , c 2� Jill Fries Engineering Administrative Assistant PAINTER-LEWIS, P.L.C. Enclosure File: 0507007 OCT 1 2006 i PAINTER-LEWIS, P.L.C. • PAINTER-LEWIS, P.L.C. OCT 6 2006 CONSUL 77NG ENGINEERS :tel.: (540)662-5792 116 South Stewart Street ;fax: (540)662-5793 Winchester, VA 22601 email: office@painteriewis.com October 5, 2006 Ms. Susan Eddy, AICP Senior Planner Frederick Co, Planning 107 N. Kent Street Winchester, VA 22601 RE: Proposed Rezoning of Glaize Property — Round Hill Dear Ms. Eddy, Enclosed, please find a corrected submittal for the above referenced property. As per our conversation on 10/04/06, 1 have made the adjustments and rectified omissions for the submittal listed above. This submission includes: an Impact Analysis Statement, Proffer Statement, Special Limited Power of Attorney and agency comment sheets. Please attach the fee check which was submitted on 10/3/04 with the incomplete pack- age. I apologize for any inconvenience this may have caused in the review of this application. Please feel free to contact me if you have any questions or if you require additional in- formation. Sincerely, Jill Fries Engineering Administrative Assistant PAINTER-LEWIS, P.L.C. Enclosure File: 0507007 PAINTER-LEWIS, P.L.C. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING February 16, 2007 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS) RE: REZONING APPLICATION #14-06 FOR GLAIZE PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 28, 2007, at 4:00 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 914-06 of Glaize Property, submitted by Painter -Lewis, PLC, to rezone 1.38 acres fiom RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use. The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50)/ Round Hill Road (Route 803)/Retail Boulevard, in the Gainesboro Magisterial District, and is identified by Property Identification Number 52-A-252. 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 meeting, 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, Susan K. Eddy Senior Planner SKE/bad 107 North Dent Street, Suite 202 o Winchester, Virginia 22601-5000 This is to cei ify tX'7 t the attached correspondence was mailed to the following on 1 from the Department of Plamling and Development, Fred rick County, Virginia: George W. Glaize, Jr. Profit Sharing Trust 30 S. Cameron St. Winchester, VA 22601 Painter -Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 Winchester Warehousing, Inc. Silver Lake, LLC PO Box 2368 Winchester, VA 22604 Commonwealth of Virginia PO Box 2249 Staunton, VA 24402 Bank of Clarke County 2 E. Main St. Berryville, VA 22611 STATE OF VIRGINIA COUNTY OF FREDERICK I (�04 Susan K. Eddy, Senior Plamler Frederick County Plamling Dept t a Notary Public in and for the State and County afor Aid, do sere y cerG6 y that Susan K. Eddy, Senior Planner for the Depa ent olanning and Development, whose name is signed to the foregoing, dated ( , has personally appeared before me and acknowledged the same in y State and County aforesaid. Given under my hand this My commission expires on day of 60 7 ARY PUBLIC of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 NOTIFICATION OF PUBLIC HEARING January 31, 2007 THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) REZONING APPLICATION #14-06 FOR GLAIZE PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, February 14, 2007, 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 914-06 of Glaize Property, submitted by Painter -Lewis, PLC, to rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use. The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50)/ Round Hill Road (Route 803)/Retail Boulevard, in the Gainesboro Magisterial District, and is identified by Property Identification Number 52-A-252. 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 meeting, 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. Susan K. Eddy Senior Planner 107 North Kent Sheet, Suite 202 • Winchester, Virginia 22601-5000 E This is to certi£ that the attached correspondence was mailed to the following on from the Department of Planning and Development, rede ick County, Virginia: George W. Glaize, Jr. Profit Sharing Trust 30 S. Cameron St. Winchester, VA 22601 0 0"� Painter -Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 Winchester Warehousing, Inc. Silver Lake, LLC PO Box 2368 Winchester, VA 22604 Commonwealth of Virginia PO Box 2249 Staunton, VA 24402 Bank of Clarke County 2 E. Main St. Berryville, VA 22611 STATE OF VIRGINIA COUNTY OF FREDERICK JA,_�� X. Atj Susan K. Eddy, Senior Planner QJ Frederick County Plaiming Dept. a Notary Public in and for the State and County afore id, do hereby ce fy that Susan K. Eddy, Senior Planner for the Depa me t oYPlanning and Development, whose name is signed to the foregoing, dated _ _ 1 0 , has personally appeared before me and acknowledged the sam m in y tate and County aforesaid. _ Given under my hand this _ My conunission expires on A. ,r • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 27, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 914-06 FOR GLAIZE PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 10, 2007, 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 #14-06 of Glaize Property, submitted by Painter -Lewis, PLC, to rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use. The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50)/ Round Hill Road (Route 803)/Retail Boulevard, in the Gainesboro Magisterial District, and is identified by Property Identification Number 52-A-252. 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 meeting, 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, _��5 �/ X. &Qt Susan K. Eddy Senior Planner SKE/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 Department of Planning and Development, Frederick County, Virginia: 52 - A- - 252. GLAIZE, GEORGE W. JR PROFIT SHARING TRUST 30 S CAMERON ST WINCHESTER,VA. 22601 Painter -Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 �Q L� 52 - A- - B- WINCHESTER WAREHOUSING, INC. & SILVER LAKE, LLC P 0 BOX 2368 WINCHESTER,VA 22604 52 -A- - 71-A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON, VA 24402.2249 Bank of Clarke County 2 E. Main St. Berryville, VA 22611 JA-C� ) ry. &R. Susan K. Eddy, Senior PlamieO Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK I, /(141.10-4 �� _ , a Notary Public in and for the State and County aforesaid, do hereby certify that Susan K. Eddy, Senior Planner for the Department of Planning and Development, whose name is signed to the foregoing, dated -?i LO& , has personally appeared before me and acknowledged the sane in iny State and County aforesaid. Given under my hand this a2 -% day of My commission expires on _4C �C)D NOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC MEETING December 8, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #14-06 FOR GLAIZE PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, December 20, 2006, 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 #14-06 of Glaize Property, submitted by Painter -Lewis, PLC, to rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use. The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50)/ Round Hill Road (Route 803)/Retail Boulevard, in the Gainesboro Magisterial District, and is identified by Property Identification Number 52-A-252. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, 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, 4,4_z� rK• Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 0 This is to certify th t the attached correspondence �g� from the Development, Frederick County, Virginia: 52 - A- - 252- GLAIZE, GEORGE W. JR PROFIT SHARING TRUST 30 S CAMERON ST WINCHESTER,VA. 22601 Painter -Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 52 - A- - B- WINCHESTER WAREHOUSING, INC. & SILVER LAKE, LLC P 0 BOX 2368 WINCHESTER,VA 22604 52 -A- - 71-A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON, VA 24402.2249 Bank of Clarke County 2 E. Main St. Berryville, VA 22611 STATE OF VIRGINIA COUNTY OF FREIDERICK was mailed to the following on Department of Plaiming and Susan K. Eddy, Senior Plai r Frederick County Planning Dept. I,&V_Z6444.. , , a Notary Public in and for the State and County afor id, do hereby ceYtify that Susan K. Eddy, Senior Planner for the Departm nt f Planning and Development, whose name is signed to the foregoing, dated -�_66 , has personally appeared before me and acknowledged the same irl m State and County aforesaid. Given under my hand this �� day of My commission expires on 2( -S�6o OTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING October 20, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #14-06 FOR GLAIZE PROPERTY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, November 1, 2006, 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 #14-06 of Glaize Property, submitted by Painter -Lewis, PLC, to rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers, for commercial use. The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50)/ Round Hill Road (Route 803)/Retail Boulevard, in the Gainesboro Magisterial District, and is identified by Property Identificatioii Number 52-A-252. 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 meeting, 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, 3�� T A� Susan K. Eddy Senior Planner SKE/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 This is to cert'fy tl at the attached correspondence was mailed to the following on 0 from the Department of Planning and Development, Fred rick County, Virginia: 52 - A- - 252- GLAIZE, GEORGE W. JR PROFIT SHARING TRUST 30 S CAMERON ST WINCHESTER,VA. 22601 52 - A- - B- WINCHESTER WAREHOUSING, INC. & SILVER LAKE, LLC P 0 BOX 2368 WINCHESTER,VA 22604 52 -A- - 71-A COMMONWEALTH OF VIRGINIA PO BOX 2249 STAUNTON, VA 24402.2249 Bank of Clarke County 2 E. Main St. Berryville, VA 22611 Painter -Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 STATE OF VIRGINIA ___C�lz A LAIN' Jx 44�� Susan K. Eddy, Senior Plann Frederick County Plamling Dept. a Notary Public in and for the State and County afore id, do hereby ce fy that Susan K. Eddy, Senior Planner for the Departi ant of Planning and Development, whose name is signed to the foregoing, dated b o , has personally appeared before me and acknowledged the same i i my tate and County aforesaid. / h Given under my hand this day of My commission expires on George W. Glaize, Jr. George W. Glaize, Jr. George W. Glaize, Jr. Profit Sharing Trust Profit Sharing Trust Profit Sharing Trust 30 S. Cameron St. 30 S. Cameron St. 30 S. Cameron St. Winchester, VA 22601 Winchester, VA 22601 Winchester, VA 22601 Painter -Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 Painter -Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 Painter -Lewis, P.L.C. 116 S. Stewart St. Winchester, VA 22601 Winchester Warehousing, Inc. Silver Lake, LLC PO Box 2368 Winchester, VA 22604 Winchester Warehousing, Inc. Winchester Warehousing, Inc. Winchester Warehousing, Inc. Silver Lake, LLC Silver Lake, LLC Silver Lake, LLC PO Box 2368 PO Box 2368 PO Box 2368 Winchester, VA 22604 Winchester, VA 22604 Winchester, VA 22604 Commonwealth of Virginia PO Box 2249 Staunton, VA 24402 Commonwealth of Virginia PO Box 2249 Staunton, VA 24402 Bank of Clarke County 2 E. Main St. Berryville, VA 22611 Bank of Clarke County 2 E. Main St. Berryville, VA 22611 Commonwealth of Virginia PO Box 2249 Staunton, VA 24402 Commonwealth of Virginia PO Box 2249 Staunton, VA 24402 Bank of Clarke County 2 E. Main St. Berryville, VA 22611 Bank of Clarke County 2 E. Main St. Berryville, VA 22611 L� E ,ir11d Itrd f � rt` t i t i ii t t ��. � ti k n fif Jrf It€•3 �tJ{, .,� a f trt1 r r /{tr t t' a t t s i 1 xx + r { t r r t f!f 4'" <z-C PI�U 5a PlwFle Ty Adjoining Property Owners Rezoning TO: BARBARA-DATA PROCESSING FROM: BEV - PI nning Dept. Please print -7 sets of labels by o / p THANKS! Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Number Address 'Identification Name 11 j jj(�Itq- i W C11tJXkLLru �� ?Ct pp 1 � • bc),t wi GIGI'1�5�` VA a��U`t Property# S� ~ A_ Name Cpr-y,n-)()nwea(:4 1Cl 60), �;'� 6 CJ(Jl)tnn' V/+ Property# 5a -A --I `A Name k o G G u -i- 2 E MA+N S+- Property Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 14 �6 710- /W6 (2-C /' f6,0 ,e rl/ TO:BARBARA-DATA PROCESSING S a // FROM: BEV - PI nning Dept. C So� Please Tint _T sets of labels by o / p THANKS! Adjoining Property Owners >> Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board oU Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification NumberF-- Address Name Wti1chtl &ter WcAJd l(ULI ro. &)o L 0� W I v) c' l ES ` V A o a U7 Property # S ' A_ NameCommonivectl�/1 of Vi(� ir�iC Po &'- ;)al�q s�-Qvn �, V,4 0Dq'-l0� Property# 5 ' '� —� Name o� G G -Ir 2 Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # CIA'11'1�1 S !ct 14 liklijIL 4L ASIA NAN At A"t 14 0 omip 40-- m .NOW, P m art 0 0 10,03-2006 • T-03 2006 10-03-2006 111 lip I r 1 .03-2006 _L000000 ).03.2006 cfl c:� 0 0 0 0 cw cti • � c� ri o o O T N N � Y t 1.03.2006 � Y t 1.03.2006 10.03,2006 I W S REQUESTING AGENT: DEPT. OF GEOGRAPHIC .MATIOtI S ; _ FREDERICK COUNTY, VTRGINIA `,. GIS, MAPPING, GRAPHICS WORKREQUEST DATE RECEIVED: `D o REQUESTED COMPLETION DATE: n n _ Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROTECT: DESCRIPTION OF REQUEST: (Write DIGITAL: PAPER: SIZES: COLOR: BLACK/WEHTE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: addi 'oral information on back of request) J� I LI -6 FAX: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) 0 0 OCT 6 20o6 i Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YO UR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS DATE & TIME Candice Bernie Mark (Susan la l to G Eric Mike Kevin John Lauren COMMENTS: Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd 0 0 REZONING APPLICATION #14-06 GLAIZE PROPERTY Staff Report for the Board of Supervisors Prepared: January 3, 2007 Staff Contact: Susan K. Eddy, Senior Planner 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 Action Planning Commission: November 1, 2006 Tabled for 30 days by Planning _ Commission Planning Commission: December 20, 2006 Recommended denial Board of Supervisors: January 10, 2007 Pending PROPOSAL: To rezone 1.38 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers. LOCATION: The property is located on the southwestern quadrant of the intersection of Northwestern Pike (Route 50), Round Hill Road (Route 803) and Retail Boulevard. MAGISTERIAL DISTRICT: Gainesboro PROPERTY ID NUMBER: 52-A-252 PROPERTY ZONING: RA (Rural Areas) District. PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Orchard & commercial South: B3 (Industrial Transition) Use: VDOT Facility RA (Rural Areas) Commercial East: B3 (Industrial Transition) Use: Vacant RA (Rural Areas) Residential West: B3 (Industrial Transition) Use: VDOT Facility 0 • Rezoning #14-06, Glaize Property January 3, 2007 Page 2 PROPOSED USES: Commercial use REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation within the application to rezone this property appears to have a measurable impact on Routes 50 and 803. These routes are the VDOT roadways which have been considered as the access to the property referenced. If Frederick County is satisfied with the amount being offered in Proffer 48 ($10,000.00), then VDOT is satisfied that the revised transportation proffers offered in the Round Hill/Glaize Property rezoning application dated November 21, 2006 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 traffic flow data from the I.T.E. Trip General Manual, Seventh 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 tinder a land use permit. This permit is issued by this office and requires an inspection fee and surety bond coverage. Fire Marshal: Water supply (i.e., fire hydrants) will need to be addressed when site plan is submitted. Plan approval recommended. Public Works Department: We have completed our review of the rezoning application for the 1.38 acre parcel I.D. #52-A-252 and offer the following comments: 1. Refer to Page 4, Drainage: Offsite drainage easements may be required to accommodate point -source discharges. 2. Refer to Page 4, Solid Waste Disposal Facilities: Correct the first sentence to read the nearest citizens' trash ... is located on Route 809, McFarland Road, which is off Magic Mountain Road. Actually, the proposed rezoning from RA to B2 will required that the cost of solid waste disposal will be the responsibility of the commercial property owner, not Frederick County. The actual impact on the landfill will be insignificant. Frederick -Winchester Sei-vice Authority: No comments, is now within SWSA. Sanitation Authority: Should the parcel be brought into the SWSA, the cost of extending service will be the developer's responsibility. Currently, there is water and sewer service on the north side of US 50. Frederick -Winchester Health Department: Health Department has no objection as long as public water and sewer are provided. Refer to items D & E in the Impact Analysis Statement. Frederick County Department of Parks & Recreation: No comment. Frederick County Public Schools: Based on the information provided that states no residential units will be part of the rezoning, there will be no impact to the school population upon buildout. Rezoning 414-06, Glaize Property January 3, 2007 Page 3 Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources 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 properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Site in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. It is noted that this property is within the study area of the Second Battle of Kernstown; however, due to the development in this area, it has been deemed to have lost its integrity. Frederick County Attorney: It is my opinion that the Proposed Proffer Statement is generally in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, subject to the following comments: 1. I would suggest, for uniformity and easy -reference purposes, that the document be titled "Proposed Proffer Statement" and the details of the zoning, owners, property, etc., be summarized at the beginning as set forth on the enclosed format. This format has been used in all recent proffer statements. 2. The heading "INTRODUCTION" should be deleted at the beginning of the proffer statement, as the content of the initial paragraphs are substantive paragraphs of the proffer statement. 3. The second paragraph discusses public water and sewer. It appears that public water and sewer is not currently available to the property. At the end of that paragraph it is stated "See Proffer #l." However, Proffer 41 (the only proffer) does not have anything to do with water and sewer. I would suggest that a separate proffer be added, under the Proffers section, which provides that development of the property shall not occur, and no site plan shall be submitted, until public water and sewer is available to the property. 4. In the third paragraph, instead of the language "development of this property would require the owner to meet the conditions set forth in this document" at the end of the first sentence, I would suggest the following language: "...the use and development of the subject property shall be in strict conformance with the following conditions set forth in this proffer." 5. In the third paragraph, the second sentence should be deleted, and the following should be added to the end of the first sentence (as hereinabove amended): "...except to the extent that such conditions may be subsequently amended or revised by the applicant and such are approved by the Board of Supervisors in accordance with the Code of Virginia and the Frederick County Zoning Ordinance." 6. A paragraph should be added to the initial paragraphs which contain a description of the property, to include a description of the general location of the property, the title owner, the acreage and a citation to the land records (deed book and page number, or instrument number) where the owner of the property acquired title. 7. It is noted that there has been no Generalized Development Plan submitted with these proffers. Therefore, it is noted that this proffer does not commit the applicant to any specific development plan. It should be noted that I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for the rezoning of this specific property, or whether other proffers would be appropriate, as it is my understanding that that review will be done by the staff and the Planning Commission. Planning Department: Please see attached letter dated December° 8, 2005 from Susan K Eddy, Senior Planner.