HomeMy WebLinkAbout012-03 Craftsman Auto Body - 2.38 Acres-B2 to B3 - Back Creek - Backfiler
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REZONING TRACKING SHEET
Check Us*t:
Fed-& Sign Deposit
Application dorm l,-, Deed
Proffer Statement E Plat/Survey
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(inpact AnalysQs � %f ..Taxes Paid Statemen
Ad�oiner List l`mpact Model Run
DATE
b Application received/file opened
Reference manual updated/number assigned
07 03 D-base updated
C 46 Copy of adjoiner list given to staff member for verification
Four sets of adjoiner labels ordered from data processing
One 8%2" x 11" black and white location map ordered from Mapping
o2�v 03 9Vk e given to office manager to update Application Action Summary
PC public hearing date ACTION: (/�• ��� /?l�y�-���
BOS public hearing date ACTION: -
Signed copy of resolution -for -amendment -of ordinance, with conditions proffered- -
[if applicable], received from County Administrator's office and given to office
manager for placement in the Proffers Notebook. (Note: If rezoning has no
proffers, resolution goes in Amendments Without Proffers Notebook.)
J4" b Action letter mailed to applicant
S 0 Reference manual and D-base updated
/• /5.0 `/ rsa-- File given to office manager to update Application Action Summary (final action)
1) & File given to Mapping/GIS to update zoning map
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Zoning map amended
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Revised, 05/09/02
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MEL`
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
January 15, 2004
Mr. John C. Lewis, P.E., C.A.A.
Painter -Lewis, P.L.C.
302 S. Braddock St., Suite 200
Winchester, VA 22601
RE: REZONING 412-03 OF CRAFTSMAN AUTO BODY
Dear Mr. Lewis:
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting on January 14, 2004. The Board denied your request to rezone 2.38 acres from B2
(Business General) to B3 (Industrial Transition) District. This property is located at the intersection
of Valley Pike (Route 11 South) and Prosperity Drive (Route 1129), and is part of the Kernstown
Business Park and is identified with Property Identification Number 75-A-2E in the Back Creek
Magisterial District.
Section 165-11 of the Frederick County Zoning Ordinance requires a minimum period of 12 months
to elapse before the consideration of another application for rezoning of substantially the same land
to the same zoning district designation.
Please do not hesitate to contact this office if you have any questions regarding the denial of this
rezoning application.
Sincerely,
i
Jeremy F. Camp
Planner
JFC/bad
cc: JState Farm Mutual Insurance
Barbara E. Van Osten, Back Creek District Supervisor
aT e Anderson, Real Estate
em: Cordell Watt an�Preg Unger, Back Creek District Planning Commissioners
107 North Kent Street • Winchester, Virginia 22601-5000
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REZONING APPLICATION #12-03
CRAFTSMAN AUTO BODY
Staff Report for the Board of Supervisors Meeting
Prepared: November 17, 2003 (Updated: January 6, 2004)
Staff Contact: Jeremy F. Camp, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planning Commission and the Board of Supervisors to assist them in making a decision on this
application. It may also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report. As this
application proceeds through the legislative review process, the methods) of resolution for each
issue proposed by the applicants) and/or recommended by the Planning Commission or Board
of Supervisors will be stated in the text of this report.
Reviewed Action
Planning Commission: 12/03/03 Recommendation for denial
Board of Supervisors: 01/14/04 Pending ."; C_�-
PROPOSAL: To rezone 2.38 acres fiom B2 (Business General) District to B3 (Industrial
Transition) District.
LOCATION: The property is located at the intersection of Valley Pike (Route 11 South) and
Prosperity Drive (Route 1129), and is part of the Kernstown Business Park.
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 75-A-2E
PROPERTY ZONING & PRESENT USE:
ZONED: B2 (Business General) USE(S):
ADJOINING PROPERTY ZONING & PRESENT USE:
NORTH: ZONED: B2 (Business General) USE(S)
SOUTH: ZONED: B2 (Business General) USE(S)
EAST: ZONED: B2 (Business General) USE(S)
Undeveloped/Vacant
Undeveloped/Vacant
Bank Offices &
Prosperity Drive
Auto Dealership,
Undeveloped/Vacant &
Valley Pike (Route 11 South)
WEST: ZONED: B2 (Business General) USE(S): Sales/Dental Office
PROPOSED USE: Automotive repair, with body shop and automobile leasing.
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REZ #12-03, CRAFTSMAN AUTO BODY
Page 2
January 6, 2004
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this
property appears to have no measurable impact on Prosperity Drive. This is the roadway which has
been considered as the access to the property referenced. VDOT is satisfied that the transportation
proffers offered in the Craftsman Auto Body rezoning application dated June 10, 2003 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, Sixth Edition for review. VDOT reserves the right to
comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -
site roadway improvements and drainage. Any work performed on the State's right-of-way must
be covered under a land use permit. This permit is issued by this office and requires an inspection
fee and surety bond coverage. Thank you for allowing us the opportunity to comment.
Fire Marshal: Site plan shall reflect the requirements of Frederick County Code for fire protection.
Stephens City Volunteer Fire & Rescue: After a review of the information submitted, there are no
concerns noted by the Stephens City Fire and Rescue Department. We would recommend the plan
be approved as submitted.
Frederick -Winchester Service Authority: No comment.
County Engineer: We have no comments at this time. We will perform a detailed review at the
time of the site plan submission.
Sanitation Authority: No comment.
Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the
proposal does not significantly impact historic properties and it is not necessary to schedule a formal
review of the rezoning application by the HRAB. As indicated in the impact analysis statement,
according to the Rural Landmarks Survey Report of Frederick County, there are no significant
historic structures located on the property. It should be noted that the National Park Service Study
of Civil War Sites in the Shenandoah Valley does not identify any battlefields that this proposed
rezoning would impact.
County Attorney: Proffers appear to be in proper form.
Winchester Regional Airport: The proposed rezoning request has been reviewed and it appears that
it will not impact operations at the Winchester Regional Airport. Thank you for the opportunity to
review this request.
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REZ #12-03, CRAFTSMAN AUTO BODY
Page 3
January 6, 2004
Planning & Zoning_
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephens City, VA Quadrangle)
depicts the zoning for the subject parcel as B2 (Business General) District. The original
master development plan for the Kernstown Business Park was approved September 3,1991,
under the name RT & T Partnership. A revised master development plan was approved on
November 4, 1998 to reflect the rezoning of 17.84 acres in the rear of the site from the B2
(Business General) District to the B3 (Industrial Transition) District on October 14, 1998.
Currently, the Kernstown Business Park consists of 11.79 acres of B2 (Business General)
District and 17.84 acres of B3 (Industrial Transition) District.
2) Location
The property is located at the intersection of Valley Pike and Prosperity Drive, and is part
of the Kernstown Business Park. From Valley Pike, the property is in front of Affordable
Dentures (75-A-2L) and across the street from Miller Auto Sales (75-A-11 C) and Valley
Farin Credit (75-A-2G). The property is within the Back Creek Magisterial District.
3) Comprehensive Polices
The subject property is part of the Route 11 South Corridor land use plan, as found on pages
6-23 through 6-27 of the 2000 Comprehensive Policy Plan. This land use plan covers an area
which extends from Route 37 to the northern portion of the Town of Stephens City. It
outlines a future plan for the area to become a business/office corridor where Valley Pike
would take a "parkway -like appearance" `. The plan also calls for industrial/office uses
along the Baltimore and Ohio railroad and "two future collector roads which would connect
the proposed future commercial development areas with Valley Pike and Fairfax Street, west
of Stephens City, and ultimately, with Tasker Road (Route 642), on the east side of Interstate
81 2. The parcel which comprises this rezoning is planned for future business/office uses.
It is entirely within the boundaries of the UDA (Urban Development Area).
The "Route 11 South Corridor" land use plan calls for enhanced design standards along
Valley Pike from Route 37 to the northern portion of Stephens City. The most stressed
design standard is the need for "extensive screening and setbacks" adjacent to Valley Pike.
Some of the other design standards recommended include enhanced landscaping along
Valley Pike, a bike and pedestrian trail, traditional board fencing along Valley Pike and
within developments, monument style signs, and no individual entrances along the frontage
of Valley Pike.
1 2000 Comprehensive Policy Plan, page 6-24
2 2000 Comprehensive Policy Plan, page 6-24
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REZ #12-03, CRAFTSMAN AUTO BODY
Page 4
January 6, 2004
4) Site Suitability
Land Use Compatibility:
All of the parcels which abut the subject property are zoned B2 (Business General). B3
(Industrial Transition) zoned parcels are located at the end of Prosperity Drive. M1 (Light
Industrial) zoning exists to the north of the subject property, on the opposite side of the
Baltimore and Ohio railroad tracks. The RA (Rural Areas) District lies to the south, and
beyond I-81 to the east.
Environmental Compatibility:
No floodplain, wetlands, steep slopes, prime farmland, natural waterways, or mature
woodlands are located on the parcel.
Historic Resources Compatibility:
As indicated in the applicant's Impact Statement, and in the above -referenced HRAB
comments, no significant historical resources will be impacted by this rezoning.
Transportation Compatibility:
Access to the subject parcel will be from Prosperity Drive (Route 1129). Prosperity Drive
is currently a local road which is the primary access to all lots within the Kernstown Business
Park. The Master Development Plan for the Kernstown Business Park allows for the
potential of extending Prosperity Drive to become a collector road, linking Valley Pike
(Route 11 South) and Shady Elm Road (Route 651), if determined appropriate by the County
in the future.
Valley Pike is a major collector road and an important corridor in Frederick County. Based
on 2001 traffic count information, Valley Pike has 8,300 AADT (Average Amival Daily
Traffic). Valley Pike is planned to be widened in the future to a four lane urban roadway and
is currently the second priority on the Frederick County Primary Road Improvement Plan.
The applicant's Impact Statement projects that the development of this parcel would have
a maximum impact of 49.92 trips per day. This would increase traffic on Valley Pike by
approximately 0.6%. As noted by VDOT, this increase does not constitute a measurable
impact on adjoining roads.
Sewer and Water Compatibility:
The site is located within the SWSA (Sewer and Water Service Area). The applicant's
Impact Statement calculates that the maximum water usage per day would be 450 gallons.
5) Proffer Statement
The applicant has submitted a proffer statement which has been signed by the property owner,
notarized, and reviewed by the County Attorney's office. The following list is a summary of
the conditions voluntarily proffered by the applicant:
REZ #12-03, CRAFTSMAN AUTO BODY
Page 5
January 6, 2004
• Installation of a storm water runoff quality treatment facility
• Other than SIC 75, which accounts for auto repair and auto leasing, the applicant has
proffered to prohibit all uses in the B3 (Industrial Transition) District that are not also
allowed in the B2 (Business General) District.
• No entrance from Valley Pike will be permitted.
• Compliance with the submitted "General Development Plan". (exhibit 3)
• Compliance with the submitted "Architectural Rendering Concept". (exhibit 9)
• Compliance with the submitted parking plan for vehicles awaiting repair. (exhibit 10).
• All freestanding signage will be limited to a monument style sign in conformance with
the submitted illustration. (exhibit 11)
6) Issues
A) Compatibility. Some of the uses allowed within the B3 Zoning District may not
be appropriate for the business/office corridor proposed by the Route 11 South
Corridor land use plan. The current zoning layout of B2 (Business General) uses
along Valley Pike (Route 11 S) followed by B3 (Industrial Transition) uses further
west is a logical progression of land uses. However, the applicant has proffered to
prohibit all B3 (Industrial Transition) District uses not also allowed in the B2
(Business General) District, except for automobile repair and automobile leasing.
Therefore, the question of compatibility is essentially whether or not an automobile
repair and automobile leasing use is appropriate at this location. Please note that
Valley Farm Credit and Affordable Dentures (adjoining properties) have contacted
staff to express their opposition to this rezoning application.
B) Landscaping. The Route 11 South Corridor land use plan calls for enhanced
landscaping along Valley Pike. This rezoning application does not offer any
additional landscaping. Please note that the grass berm shown on the General
Development Plan would be required by the Zoning Ordinance.
STAFF CONCLUSIONS FOR THE 12/03/03 PLANNING COMMISSION MEETING:
The proposed rezoning is a request to rezone a parcel consisting of 2.38 acres from the B2 (Business
General) District to the B3 (Industrial Transition) District with the intent of accommodating an
automobile leasing and repair facility. All of the above issues identified by staff, as well as all
concerns ofthePlanning Commission, shouldbe appropriately addressed prior to arecommendation
to the Board of Supervisors. Staff believes that the key issue for the Planning Commission to
consider is whether or not automobile repair and automobile leasing is an appropriate use at this
location.
PLANNING COMMISSION SUMMARY & ACTION OF 12/03/03 MEETING: Four
individuals, representing adjoining businesses, came forward to speak in opposition to the proposed
rezoning. They cited various reasons for their opposition, such as the restrictive covenants in the
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REZ #12-03, CRAFTSMAN AUTO BODY
Page 6
January 6, 2004
deed of dedication which establishes the fact that the Kernstown Business Park was not intended to
have B3 Zoning. Another reason for opposition noted was the lack of protection to those landowners
which have invested, or will invest, considerable sums to establish their B2 businesses within the
Kernstown Business Park. They expressed concern for the visual impact of wrecked vehicles, of
possible noise and fumes, of the number of vehicles on site, of the increased traffic congestion, and
they considered this to be an example of spot zoning.
Commission members commented that this rezoning application is very well put together. The
proposed structure appears to be aesthetically pleasing and the community as a whole would
welcome this business. However, the Planning Commission believed that this was the wrong site
for a B3 business. It was their opinion that the existing zoning of this property implemented a very
comprehensive land use plan for the area and it would be inappropriate to change the zoning for
those individuals who have already made purchase decisions based on that planning and zoning and
who have invested considerable sums of money establishing their businesses.
The Commission recommended denial of the rezoning by the following majority vote:
YES (TO APPROVE): Triplett, Fisher, Kriz, Light, Morris, Unger, Watt, Gochenour, Straub,
DeHaven
NO: Rosenberry*
(Commissioners Thomas and Ours were absent from the meeting.)
(*Commissioner Rosenberry mistakenly voted against the motion. He wanted to state for the record
his intention was to vote for denial of the rezoning, based on his comments made during the
discussion.)
STAFF CONCLUSIONS FOR THE 01/14/04 BOARD OF SUPERVISORS MEETING:
The Planning Commission recommended denial of this rezoning application during their December
3, 2003 meeting. They based their decision on the fact that the proposed zoning and use was not
compatible with the adjoining properties or the Route 11 South Corridor land use plan, found in the
Frederick County Comprehensive Policy Plan. The Planning Commission expressed concern about
the considerable investment that adjoining business owners have made in their property with the
assumption that the property would remain general business. The Board of Supervisors will consider
the Planning Commission's recommendation regarding this rezoning application during their
meeting on January 14, 2004. Prior to a decision by the Board of Supervisors, the applicant should
be prepared to adequately address any questions or concerns which are raised by the Board.
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APPLICANT: craftsman aulobody
Net Fiscal Impact
LAND USE TYPEB3 Ccsls of
latpec€ Credit
QLeIp
rAkF
REAL EST VAL $2.919,735 Required
FIRE & RESCUE
(entered In
Cur. Budgel Cur.
Budget Cap,
Future GI Pf
f i coital Fa 159c
co; s um only) !DQ�auln t=r�
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spa o
Fire and Rescue Department $24,999
Elemantarg Schools $0
Middle schools $0
$0
SO
Kgh Schools $D
Parks and Recreation $0
PuNic Library $0
$1
Sheriff's Offices So
$1,747
$9
50
Admuristfalion BuBding so
OfherMiscellanecus Facilities SD
$4,199
$4,625
so
SUBTOTAL $24,989
$5,93B
$4,625
so
LESS. MET FISCAL IMPACT
V.054,895
NET CAP. FACILITIES IMPACT
Total Poleniial Adjustment For
Tax Credits
Revenus-
Nei Capital
Net Cost Per
{Unadjusfedl
Cost $glance i=adfitieEAMPact
D-w-1*r1a Uall
sD
iD
$24,999
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so
$tf
ERR
$D
SD
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SO
SCl
ERR
$1,747
$1.747
$D
ERR
so
$D
$D
ERR
$9,816
s8,815
$0
ERR
$10,562
$1015U
$14AZ7
ERR
52,454,t395
$2,054,885
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ERR
WDEX: "1.0" If Cap. Equip Included 1.0
INM: `1.0"if Rev -Cost Bal, '0.0' if Ratio to Co Av g: 0.0 Rev -Cast Rai = 1.OD0
PLAfiIN NG DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 4.342
METHODOLOGY 1. Capital facilities requrrements are input to the first column as calculated in the model.
2. Net Fiscal Impact NPV from operations calculations is input In row total of second column
(zero if negative); included are the one-time taxeslfees for one year only at full value.
3. NPV of knure oper cap egrep taxes paid in third' column as calculated in fiscal impacts.
4. NPV of future capital expenditure taxes paid in fourilr c of as calculated in fis cal impacts_
5. NPV of future Iaxe paid to bring current county up to standard for new fact1 es, as
calculated for each new facility.
6. Columns three Ifu(e h: five are added as potentiahcredrts against the -calculated capital
facilities requirements. These are adj used for percent of costs covered by the revenues
from the projerf {actual, or as ratio to avg. forall residential dew elopnw_rrt).
NIDTE: Proffer calculations do no- include include interest because they are cash payments up front. GredtLs do include interes t if the projects are debt financed.
NOTES: Model Run Dale 07109103ASK
Pro}ec€ Description: Assumes 44,ti58 sq_fL retail on 2.38 acres zoned B3 District,
Due to changing oondifcons associated with devefoproenl in the County, fhe results of Ibis
CLdprrt Module may not be valid beyond a period of 90 days from the model run dale.
2002MODR
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37
75 A 2E
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S e2F ENGLE PROPERTIES, INC.
75 A 10
1
MILLER / REZ # 12 - 03
AUTO SALES Craftsman Auto
75 A 11C
Body
.... PIN:
75-A-2E
w E F-tfiTl
642 / 0 80 160 Feet
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REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
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: -, L. G , Telephone: 2� 40- 2-
Address: 7_ �_���(�pG� �� �,CC3 7�
t ►.t.c.4�Lere-- V A Z 7,�,o I
2. Property Owner (if different than above)
Name: S�A`CQ Vgp-m r,l�,t-C�,tt�C, I.N� Telephone:
Address: S I br61�1.
�o t—1 to M t D
3. Contact person if other than above
Name:
Telephone:
4. Checklist: Check the following items that have been included with this application.
Location map Agency Comments
Plat Fees
Deed to property Impact Analysis Statement
Verification of taxes paid Proffer Statement
11
•
41
S. 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:
_5{�te �d�• ems.,✓�.�e - kV,ce P(es,de-4
/�.c�.u.;,"5.4-ra-ride, der✓,c�
6. A) Current Use of the Property: _ \\,/ A <-- -✓.k0q
B) Proposed Use of the Property: t�k"[o VA-)iG11q— I u5mLt- i
7. Adjoining Property:
PARCEL ID NUMBER
-I5-A- 3
2G,
USE
Tk::A'k-VN- 0FFiCa
(Auk C7 VAA-. 5
ZONING
7�?z.
"P,2
K!, Z
C3� z
�- 2
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names cuid route numbers):
e!'F Qz�'Coe- I k (�jLk'L'5-1 P(L--G�
-� TOLO!b9suzA�1 -A-xUoe-
12
•
•
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to
provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the
mazirrnun possible density or intensity scenario for the proposed Zoning District as described on Page 9
of the application package.
9. Parcel Identification/Location: Parcel Identification Number -1 G -- A — ze
Magisterial: 1?1�� C((ZgL_;(�
Fire Service: �Tct krt� 5 G
Rescue Service: S-C1kcS ►-r�
Districts
High School:
Middle School: _
Elementary School:
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres Current Zoning I Zoning Requested
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning proposed :
Number of Units Proposed
Single Funily homes: Townhome: Multi -Family:
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: e�� Manufacturing:
Restaurant: Warehouse:
Other:
13
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12. Signiture:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to ainend the zoning ordinance and to change the zoning map of
Frederick: Comity, Virginia. I (we) authorize Frederick: Co-LM3, officials to enter the property for
site inspection parposes.
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 Connnnission public hearing and the Board
of Supervisors' public hearing and maintained so as to be visible from the road right-o%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: - ZZ-p )
Date:
ICOwner(s): Date:
Xan Lam, Vice Presidont Adminia"Wa 8orOW
Date:
14
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 re,-u- or any property directly across a public right-of-way,
a private right-of-way, or a watercourse from the requested property. The applicant's 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 locatecl on the 2nd floor• of the Frederick County Administrciflve Building, 107North Kent Street.
Name ,uid Proper-ty Identification Number I
Address
Mane v%L
M CV2,taVIT
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Property # �A _ C
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'M I�GI�C3a rl., VIA 2240Z
Property # "` _ ��C.
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Property # 1 S7
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Pro erty # % �j —' i� - 2 l .
Mune
Property #
Name
Property #
Naine
Property #
Name
Property #
Name
Property #
Mane
Property #
15 / S j,glr F/1/0-/tL P`62-h -
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00 0
Action:
PLANNING COMMISSION:
BOARD OF SUPERVISORS:
AMENDMENT
December 3, 2003 -
January 14, 2004
Recommended Denial
❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #12-03 OF CRAFTSMAN AUTO BODY
WIIEREAS, Rezoning #12-03 of Craftsman Auto Body, submitted by Painter -Lewis, P.L.C., to
rezone 2.38 acres from B2 (Business General) District to B3 (Industrial Transition) District. This
property is located at the intersection of Valley Pike (Route 11) and Prosperity Drive, and is identified
with Property Identification Number 75-A-2E in the Back Creek Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 3, 2003;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 14, 2004;
and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change 2.38 acres from B2 (Business General) to B3 (Industrial Transition), 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 #25-03
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This ordinance shall be in effect on the date of adoption.
Denied
Passed this 14`" day of January, 2004 by the following recorded vote:
Richard C. Shickle, Chairman Ave Barbara E. VanOsten Ave
Gina A. Forrester Aye Gary Dove Aye
W. Harrington Smith, Jr. Aye Bill M. Ewing Aye
Lynda J. Tyler Aye
A COPY ATTEST
'\,/
John ey, Jr.
Freder-i&County Administrator
PDRes. #25-03
•
•
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 75-A-2E
Back Creek Magisterial District
Frederick County, Virginia
September 15, 2003
Prepared for: Mr. Mike McCarroll
Craftsman Management Team
4 Cardinal park Drive
Leesburg, VA 20175
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@earthlink.net
Job Number: 0304011
PROFFER STATEMENT • •
PARCEL ID 75-A-2E
•
•
0
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 Freder-
ick County shall approve Rezoning Application #/_2 —03 for the rezoning of 2.38
acres in the Back Creek Magisterial District, on Parcel 75-A-2E from B2 to B3, devel-
opment of this particular 2.38 acres will be in conformity with the terms and conditions
set forth in this document. These terms and conditions may be subsequently amended
or revised by the owner of the property with permission from the Frederick County
Board of Supervisors in accordance with Frederick County codes. These proffers shall
be binding on the owner and their legal successors or assigns.
PROFFERS
1. The owner proffers that there shall be no entrance to the property from the Route
11 right-of-way.
2. The owner proffers to install a storm water runoff quality treatment facility in ac-
cordance with applicable Best Management Practices and the Northern Virginia
BMP Handbook.
3. The owner will develop the property in general conformance with Exhibit 3, titled
"GENERALIZED SITE DEVELOPMENT PLAN", and included in the attached Im-
pact Analysis Statement.
4. The owner will construct the proposed site building in general conformance to the
illustration on Exhibit 9, titled "ARCHITECTURAL RENDERING CONCEPT', and
included in the attached Impact Analysis Statement.
5. The owner will designate specific areas on the site for the parking of "inoperable"
vehicles as shown on Exhibit 10.
6. The owner will construct a monument -style sign as the primary facility sign in
general conformance with the sign shown on Exhibit 11.
7. The following uses normally allowed under the B3 zoning will be prohibited on
the parcel:
a. landscape and horticultural services;
b. offices and storage facilities for building construction contractors, heavy construction
contractors and special trade contractors;
c. commercial printing;
d. local and suburban transit and interurban highway passenger transportation;
e. motor freight transportation and warehousing;
f. transportation by air;
g. transportation services;
h. building materials, hardware, garden supply, mobile home dealers and retail nurser-
ies;
i. wholesale trade businesses;
j. self-service storage facilities;
k. vocational schools.
41
2�
PROFFER STATEMENT 16
PARCEL ID 75-A-2E
0
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the Treasurer of Frederick County the
sum of $1,000.00 to offset impacts to capitol facilities for fire and rescue services. This
sum will be paid upon receipt of the first building permit issued subsequent to the ap-
proval of this rezoning for any proposed structure.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grants 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.
Notwithstanding the above, it is hereby understood and agreed by all parties, including
the Frederick County Board of Supervisors and Frederick County, that the current
property owner, State Farm Mutual Automobile Insurance Company, is and shall be
released from the obligations and conditions contained within this Proffer Statement for
Parcel 75-A-2E dated September 15, 2003, once the property is sold and title transfers
to Craftsman Properties of Winchester, LLC. Upon said closing and title transfer,
Craftsman Properties of Winchester, LLC is and shall be responsible for all Owner
• obligations and conditions as contained within this Proffer Statement for Parcel 75-A-2E
dated September 15, 2003. Rezoning approval by Frederick County and/or its Board
of Supervisors shall be considered acceptance of this entire Proffer.
Submitted By:
State Farm Mutual Automobile Insurance Company, an Illinois Corporation
(Applicant/Property Owner)
Date: G/ ` / 5 - J ZED 3
STATE OF ILLINOIS
COUNTY OFMCLEAN
The foregoing instrument was acknowledged before me this ! 5-i6 day of
lc K by Vern Lan-) V i'Pr �(l Q-I e, F-y Ins. C.bs .
My commission expires on 3 20
Notary Public
3 v ,
OFFICIAL SEAt�
1iVA; L CUP1,J*' G"HAM
NOTARY '
�iliC, 81"A7E Of IILMIOii
MY C iFoftf MRE8:0M3//W
•
•
•
PROFFER STATEMENT
PARCEL Id 75-A-2E
The above -noted Proffer Statement for Parcel 75-A-2E dated September 15, 2003,
including the additional release and obligation provisions contained therein, is hereby
accepted and agreed to in form and substance, Specifically, Craftsman Properties of
Winchester, LLC confirms that it currently in the process of purchasing the subject
property and hereby agrees to assume and be responsible for all Owner obligations and
conditions in said Proffer Statement 75-A-2E dated September 15, 2003, as of the date
the property is sold to and title transfers to Craftsman Properties of Winchester, LLC.
The real estate closing shall take place on or about _ IUQy , 200_1.
Rezoning approval by Frederick County or its Board of Supervisors shall be considered
acceptance of this entire Proffer.
r n Pr perties of Winchester, LLC
(Co -Applicant)
Date:
STATE OF VIR INIA
COUNTY OF- t 0 , To -Wit:
13
The foregoing instrument was ackno dg b ore me this day of
My commission expires on S
Notary Public
till/T 39VJ
s I M3-1�131l a IV J
�.6L5�99Uh5
I9 :80
0
COMMONWEALTH of VIRCjINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE JERRYA. COPP
COMMISSIONER EDINBURG, VA 22824 RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
July 18, 2003
VDOT Comments to
Craftsman Auto Bodv Rezonin
The documentation within the application to- rezone this property appears to have no
measurable impact on Prosperity Drive. Route, the VDOT roadways which has been
considered as the access to the property referenced.
VDOT is satisfied that the transportation proffers offered in the Craftsman Auto Body
rezoning application dated June 10, 2003 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.
Generation Manual, Sixth Edition for review. VDOT reserves the right to comment on
all right-of-way needs, including right-of-way dedications, traffic signalization, and off -
site roadway improvements and drainage. Any work performed on the State's right-of-
way must be covered under a land use permit. This permit is issued by this office and
requires an inspection fee and surety bond coverage.
Thank you for allowing us the opportunity to comment.
Lloyd A. Ingram
Transportation Engineer
LAI/rf
Attachment
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
Rezoning Comments
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
2275 Northwestern Pike
Winchester, Virginia 22603
Applicant: Please fill out the -information as accurately as possible in order to assist the
Virginia Department of Transportation with their review. Attach three copies of your.application
form, location map, proffer statement, impact analysis,. and any other
pertinent information.
Applicant's Name: 4, , _ LQ ,,�, rp LL Telephone:
Mailing Address: 3 o a. 5 . -b, 5+ . ,
Location of property:
A (o U 5 -t, c") - It
LJAHC.j
?'If')
t,vv-
1n ��e 1�edr�S iZiulr�
`l �5 .esc Po +V�
-Ii�� IJo
ct—
Gy�r IL I ia4
51e�'
Current zoning: -b -,z Zoning requested: B - 3 Acreage:
Virginia Department of Transportation Comments:
See attached comments from VDOT dated July 18, 2003.
VDOT Signature & Date:G(
Notice to VDOT - Please Return Form to Applicant
20
Rezoning Comments
Frederick County Fire Marshal
Mail to:
Frederick County Fire Marshal
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6350
Hand deliver to:
Frederick County Fire & Rescue Dept.
Attn: Fire Marshal
County Administration Bldg., 1st Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick County Fire Marshal rvithhis review. Attach a copy of your application form, location ma
proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: �c� , ,� �,� - L r , , , s , ,) L C Telephone: G x - S 7y x
Mailing Address: boa 6. ara'Idv e-K d-1-1 'S �-c . a c) v
Location of property:
Alo,u
()S ,2oLl-fie !I
C Va-/1
P, a wcl
Prcu,�,, l7
ke,-hsZLIJ,N1
-e-s.5
b lC
�4 D-c/1 C'xeCK
/V4 v A -r4r, e7(' (J I Ar r41"'.1'.. l..d O,4-7 1, V, rc n , .e..
Current zoning: 13 --4
Fire Marshal's Comments:
Zoning requested: 8 3 Acreage: d. 3 P
Fire Marshal's Signature &Date:
Notice to Fire Marshal - Please Return This Form to the Applicant
22
Control number
RZ03-0007
Project Name
Craftsman Auto Body
Address
302 S.Braddock Street
Type Application
Rezoning
Current Zoning
B-2
Automatic Sprinkler System
Yes
Other recommendation
0 •
Frederick County Fire and Rescue
Department
Office of, the, Fire Marsha
Flan Review and Comments
Date received Date reviewed Date Revised
6/12/2003 6/12/2003
Applicant
Painter -Lewis P.L.C.
City State Zip Applicant Phone
Winchester VA 22601 540-662-5792
Tax ID Number Fire District Rescue District
75-A-2E 11 11
Recommendations
Automatic Fire Alarm System
Yes
Requirements
Emergency Vehicle Access Hydrant Location
Adequate Not Identified
Siamese Location Roadway/Aisleway Width
Not Identified Adequate
Emergency Vehicle Access Comments
Site Plan shall reflect the requirements of Frederick County Code for Fire Protection.
Access Comments
Additional Comments
Election District
Back Creek
Residential Sprinkler System
No
Fire Lane Required
Yes
Special Hazards
No
Plan Approval Recommended Reviewed By Signature \
Yes Timothy L. Welsh C,
Title
•
Rezoning COutincnts
lire. ami Rescue Company
Mime of Rire & lZexcu4 Cnnjjt•llly:
tt
A (ddl'(+� k t'lloil
���.
—l<-- [ . '. (5 40 �('9 -- 145 % (o
Applicant: 111Case fill out the Information as accurately as possible in order to assist the
Fire and Rescue Squall with their review. Attach a copy of your application form, locafion map,
proffer stateme-i t, impact auttlysis, turd tuty ocher pertinent inl'oruttttiou.
Applictutt's Name:
Ivltultng _Address:
L • ,j. J , PIC "l'elephone: (-y v) /,, & .zuS7 -Z
j0d. solr%l� ✓r,c��oc Si. S c ._zou _.
LJ 4t.r- t e ,f •f-e.
L�OC8Lt0I1 of property: V-o,Ae L I Va. I 1 11, IK l To � U ���r k4- T
is cl t'- C_
G--\ Ali. a S ky , C.. —c ti-C C .- C- J J\' �ti `.0 C , /\ L (ti.
J
Current coning: ,•, 2 Loiiinb re(luested: Acreage. _1&_ _
hire and Rescue Company's Comments:
After a review of the information submitted, there are no concerns noted by the
Stephens City Fire and Rescue Department. We would recommend the plan be
approved as submitted.
C'ir(; c� Rescue Compan)'s L
signtttutU & Date. June 20, 2003
2�W
Gregory L. Locke, Fire and Rescue Chief
t1:ir�fxa=)=ir--.`�—.r:-�� -:-:—.cytT2[Tilt2Y311r-svt+—iiC.titi'11 %l2Si=i111Y11:..1.t1_ilLL'-r lmAi4=
32
Jos
Rezoning Comments
Frederick County Department of Public Works
Mail to:
Frederick County Dept. of Public Works
Attn: Director of Engineerng
107 North Dent Street
Winchester, Virgina 22601
(540) 665-5643
Hand deliver- to:
Frederick Courrty Dept. of Public Works
Attn: Director of Engineering
Covaity Adrninistration Bldg., 4th Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please -ill out -lie information as accurately as possible in order to assist the Department of
Public Works Nvith their review. Attach a copy of your application form, location map, proffer
statement, impact analysis, and -uiy other pertinent information,
Appli cant's Narne: �j , ,, �� 1� e , , I t.— G. Telephone:
Mailing Address: 3 o.)- 5 . 1 ,dW Dc,k 64. , S fit. o-o o
V'Q aa1001
,I � l� rs �t A-G� /� two
Location of property:
A I o.LA U j
ti o,4 I
I C vA11,-j
PI Icy)
a-, A pros
�. 4-1--e_ K-e.rAJ1? do
b,/S/!Le,S_r
PCv/k
IA 4/1,
Current zoning: %3 a Zoning requested: 43 3 Acreage: a , 3 J-
Departinent of Public Work's Continents:
V ' () �(e- U 4/1 V
LSi
1'O"Y� Cv CkUI�Zk i U A vw
c/\I)
Public Works Signature & Date:
Notice to Dept. ol'Public Worlcs lease Return This Form to the Applicant
21
0
E
Rezoning Comments
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
Hanel deliver to:
Frederick County Smitation Authority
Alin: Engineer
315 Tasker Road
Stephens City, Virginia
Applicant: Please fill out the information as accurately as possible uz order to assist the
Sanitation Authority with theirreview. Attach a copy of your application form, location
map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Naive: P,: 4-.,- - L,s, A L . C- Telephone: <s (Fo) 6 (.z-S 7-7z
Mailing Address: `joa d. Aldo & ,�J. , J5,4 . .20 o
GytrLr:yw -2 a c Uj
Location of property: t9l� 0,5 2g uI,- /1 ( ✓411 ,, r
)e-e-rrtSfUL1Jkt ZyJineJ'J 10-te-,k r'�.�l�_ Be,r-P- .rameX�'-
r
Current zoning: Z-�� Zoning requested: 13 -3 Acreage:
Sanitation Authority Comments:
j
Sanitation Authorily Signature & Date: Cr'iC�- C/U/) 0f
Notice to Sanitation Z11rity - Please Return This Form to the Applicant
25
0
•
August 6, 2003
Mr. John C. Lewis, P.E.,C.L.A.
Painter -Lewis, P.L.C.
302 South Braddock Street, Suite 200
Winchester, VA 22601
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/665-6395
RE: Request for Historic Resources Advisory Board (HRAB) Comments
Craftsman Auto Body Rezoning, Route 11/Valley Pike and Prosperity Drive
Property Identification Number (PIN): 75-A-2E
Dear John:
Upon review of the proposed rezoning, it appears that the proposal does not significantly impact
historic properties and it is not necessary to schedule a formal review of the rezoning application by
the HRAB. As indicated in your impact analysis statement, according to the Rural Landmarks
Survey Report of Frederick County, there are no significant historic structures located on the
property. It should also be noted that the National Park Service Study of Civil War Sites in the
Shenandoah Valley does not identify any battlefields that this proposed rezoning would impact.
Thank you for the chance to comment on this application. Please call if you have any questions or
concerns.
Sincerely,
aAt� "
Rebecca Ragsdale
Planner I
U:\COMMITTEES\HRAB\Comments\—?003\Cra ftsmanAuloRZ. wpd
107 North Kent Street • Winchester, Virginia 22601-5000
09/25/2003 15:04 5406625793
PAINTERLEWIS
0
PAGE 02/02
Frederick County Attorney
Mail tom
)Frederick County Attorney
Co, Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6383
ho-11DtcI_dd i�vex• to:
Frederick Cotmty Attorney
Co. Administration 131dg„ Suite 202
107 North Kent Str. eat
Winchester, Virginia
Applicant: Ploase fill out the information. as acctuately as possiblo in. order to assist the County
AttnnIey's Office 4vith their review. Attach. a copy ofyour Applicatiou form, location map, proffer
statement, impact axialysis; 'and My. other peiTflnernt information.
Applicant's Name:, ,� fir 1-._ Sp,c .cr 1`elephonc: C z�N u te
Mailing Address: - U' a- 5.
Location of property: l� j� �U S ► t, fJ Cvul
�t ry S p�� L� i� J c. i.,.� -�!f•� k�n.�'h1�,� n lJ � 5 � �.-�.s.s �F..r K,. � n-�-t,_�
--6c-c cts5 -,4t-e, a2 I� s �' c 4- es„ Co v VA
Current zoning. T52 Zoning requested: f�' Acreage: , �b S
County Attor•ney's Comments: l
Assistant County Allomey's
Signature & Dater 6z
y
18
Rezoning Comments
Winchester Regional Airport
Mail to:
Winchester Regional Airport
Attn: Executive Director
491 Airport Road
Winchester, Virginia 22602
(540) 662-2422
Hand deliver to:
Winchester Regional Airport
Atin: Executive Director
491 Airport Road
(Rt. 645, off of Rt. 522 South)
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
'Winchester Regional Airport with their. review. Attach a copy of your application form, location
map, proffer statement, impact analysis, and Any.other pertinent information.
Applicant's Name: ,L,,,J, PLC Telephone: Cs�fo) �- 57 r.z
Mailing Address: J 0 J. 23r0. d do C-k 0
LJ , , .L e s L"C , VA- a� Ly/
Location of property:
Zv „, ()S rtdu 2� / /
V //e. p, :e e)
CLIA-L( P,-,)j,�
✓e
/Cyr e-/-vvJLiJ.,e.3
3CG•P- erect«
Current zoning: Z-2- Zoning requested: B _ 3 Acreage: � . 38.
Winchester Regional Airport's Comments:
30
4EG1p�
s�
SERVING THE
TOP OF VIRGINIA
HO_(
June 10, 2003
11
WINCHESTER REGIONAL AIRPORT
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 662-2422
Monica Butts
Painter -Lewis, PLC
302 South Braddock Street, Suite 200
Winchester, Virginia 22601
Re: Rezoning Comment
Craftsman Auto Body
Back Creek Magisterial District
Dear Ms. Butts:
The proposed rezoning request has been reviewed and it appears that it will not
impact operations at the Winchester Regional Airport.
Thank you for the opportunity to review this request.
Sincerely,
S. R. Manuel
Executive Director
0 f
0
IMPACT ANALYSIS STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 75-A-2E
Back Creek Magisterial District
Frederick County, Virginia
October 24, 2003
Prepared for: Mr. Mike McCarroll
Craftsman Management Team
4 Cardinal Park Drive
Leesburg, VA 20175
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@earthlink.net
Job Number: 0304011
IMPACT ANALYSIVTATEMENT
PARCEL ID 75-A-2L
• IMPACT ANALYSIS STATEMENT
•
•
TABLE OF CONTENTS
section
page
L
INTRODUCTION
1
A.
SITE SUITABILITY
2
B.
SURROUNDING PROPERTIES
2
C.
TRAFFIC
3
D.
SEWAGE CONVEYANCE AND TREATMENT
3
E.
WATER SUPPLY
4
F.
DRAINAGE
4
G.
SOLID WASTE DISPOSAL FACILITIES
4
H.
HISTORIC SITES AND STRUCTURES
4
I.
COMMUNITY FACILITIES
4
J.
OTHER IMPACTS
5
APPENDIX
6
IMPACT ANALYSIS �TEMENT
PARCEL ID 75-A-2E
L INTRODUCTION
• Craftsman Management Team (Craftsman) is the owner of several premier auto body
Y
repair facilities in the Northern Virginia area. As an additional convenience for their
customers, Craftsman plans to provide space in their building for a national automobile
leasing franchise. Craftsman is currently negotiating with Hertz for office and
automobile parking space in the proposed facility. Craftsman would like to establish
their facility in a highly visible location in Frederick County. The location they have
chosen to develop is located at the northwest corner of Valley Pike and Prosperity Drive
in the Kernstown Business Park. It is important to Craftsman that the service they offer
be located on a site that has good visibility from a major roadway such as Route 11,
Valley Pike. Please refer to Exhibit 1. The subject land is identified among the tax
records of Frederick County as having parcel number 75-A-2E. The area of the parcel is
2.38 acres. The parcel is currently zoned B2, Business General District. This zoning
district does not permit "Automotive repair, services and parking". The owner desires to
rezone the parcel to B3, Industrial Transition District, to allow development of the parcel
for a Craftsman Autobody facility. Currently, there is very little land in the B3 zoning
category that has the type of visibility and access required by Craftsman. This particular
site not only offers visibility and access, there exist in the area several
automobile -related activities. These activities include Miller Honda, Continental Tires,
and the Department of Motor Vehicles.
The property is located in the Urban Development Area and is designated for business
• use on the Southern Frederick Land Use Plan. The property is also located within the
Route 11 Business Corridor. As such, particular attention will be paid to the building
setbacks from Valley Pike and the presentation of the building from the street view. In
the attached Proffer Statement, Craftsman addresses several aspects of the
presentation of the building and other site improvements as viewed from the public
rights -of -way and the adjacent lands.
The property is vacant and surrounded by land which is zoned B2. Please refer to
Exhibit 2. Craftsman recognizes that auto body repair is not permitted in the B2 zoning
due because it can be incompatible with other business uses permitted in the B2 zone.
Craftsman intends to insure that the proposed use will be compatible with adjacent
business uses and complementary to the appearance of the county business corridor.
The owner plans to construct a single story building on the parcel, generally facing the
corner of Valley Pike and Prosperity Drive. The architectural finishes of the building will
be comparable in style and quality to the architectural finishes of the adjacent
businesses in the Kernstown Business Park.
In order to insure that the proposed development will conform to corridor appearance
plans, compliment surrounding business uses, and mitigate potential storm water runoff
impacts to the Opequon watershed, the owner is willing to PROFFER 1) the layout of
the site which provides generous building and parking perimeter setback areas, as
shown on Exhibit 3, 2) the architectural presentation of the building exteriors finishes as
• rendered in Exhibit 9, 3) the designation of an area where "vehicles awaiting repair" will
be stored, as indicated on Exhibit 10, 4) the style of the main facility sign, which will be
page 1
IMPACT ANALYSIS
TATEMENT
PARCEL ID 75-A-2
monument -style sign as generally shown on Exhibit 11, and 5) the construction of storm
water runoff control facilities which are designed in accordance with the Northern
• Virginia Best Management Practices Handbook.
A. SITE SUITABILITY
The property has no factors which would limit development. Access to the site will be
from Prosperity Drive. Public utilities are readily available. There are no
developmentally sensitive features on the site. The gently rolling topography of the site
is well -suited for commercial development. The site has adequate area to
accommodate the proposed building use.
100 YEAR FLOOD PLAIN
Federal Insurance Rate Map Community Panel Number 510063 0200 B shows the
subject area is not within areas of the 100-year flood.
WETLANDS
The site is located in the Upper Opequon drainage area. No wetlands have been
identified on the site.
STEEP SLOPES
The property generally slopes to the southeast toward the Route 11 right-of-way. The
slopes of the site ranges from 1 % to 15%. Steep slopes are defined by the Frederick
• County Code as slopes exceeding-25%. There are no steep slopes on the site.
50
MATURE WOODLANDS
Woodlands are generally defined by the Frederick County Code as including largely
mature trees in groves greater than 1/4 acre. There are no mature woodlands located
on this site.
SOILS
A "Geotechnical Engineering Exploration and Analysis" was conducted on the site by
Giles Engineering Associates, Inc. and a report was issued dated March 30, 1995.
According to the report, approximately 4 to 8 inches of topsoil were encountered
throughout the site. Underlying soils consisted of naturally occurring stiff to hard clayey
silt and silt with variable amounts of fine to coarse sand and gravel. Intermittent rock
was encountered in the subsurface at depths ranging from 2 to 6 feet.
According to the Soil Survey of Frederick County, the site contains the following soil
types: Chilhowie silty clay loam: 8C, 8B, and Oaklet silt loam: 32B. These soils are part
of the Fred erick-Pop Iimento-Oaklet association which includes gently sloping to steep,
well -drained soils formed in material weathered from limestone. The soil is not identified
as prime farmland.
• B. SURROUNDING PROPERTIES
page 2
IMPACT ANALYSI, TATEMENT
PARCEL ID 75-A-2
The parcel to be rezoned is bordered on the southern perimeter by the Prosperity Drive
right-of-way and along the eastern perimeter by the Route 11, Valley Pike right-of-way.
• Along the western boundary is the Affordable Dentures office building, which is zoned
B2. Along the eastern boundary is a vacant lot zoned B2.
Potential adverse visual impacts from the proposed rezoning of the site will be mitigated
by buffering and screening elements between different uses. The Frederick County
Zoning Ordinance requires separation buffers between the B2 zone and the B3 zone. A
minimum separation buffer of 50 feet (Category B) must be placed on the lot along all
borders with B2 zoning. The buffer must consist of a 25' inactive strip along the property
line which must contain a vegetative screen consisting of a mixture of evergreen and
deciduous trees and shrubs and an opaque fence, hedge, wall, or berm. Exhibit 3
contains a generalized site plan that illustrates a development schematic showing the
point of access, building setback lines, and required buffers. The owner is willing to
PROFFER this site plan as the concept plan to be followed during the final site design
process. Please refer to the Exhibit 8.
C. TRAFFIC
It is planned that all traffic will access the property from Prosperity Drive. The owner is
willing to PROFFER that no access to the site will be constructed from the Route 11
right-of-way. According to figures from the Virginia Department of Transportation, the
Average Annual Daily Traffic on adjacent streets are as follows:
Route #11, Valley Pike: 2001 AADT = 8300
Route #1129, Prosperity Drive: 2001 AADT = not available
Traffic impacts from the proposed rezoning will be estimated using the figures in the
ITE Trip Generation Manual, Sixth Edition.
Automobile Care Center, Code 840
Based on a projected maximum of 4 service stalls:
■ Sunday: 2.03 trips per stall = 8.12 trips
■ Weekday A.M. Peak Hour: 1.52 trips per stall = 6.08 trips
■ Saturday: 12.48 trips per stall = 49.92 trips
■ Weekday P.M. Peak Hour: 2.17 trips per stall = 8.68 trips
The low amount of traffic anticipated from the proposed facility will not significantly
impact the current traffic character. Prior to any development, the developer/owner will
be required to apply to VDOT for entrance construction permits. Through this process
VDOT will insure that access to the site is safe and functional.
D. SEWAGE CONVEYANCE AND TREATMENT
• Public sewage facilities are available to serve the site. The site is within the Frederick
County Sewer and Water Service Area and is served by the Parkins Mill sewage
page 3
IMPACT ANALYSI #7TATEMENT
PARCEL ID 75-A-2
treatment plant. The owner will be responsible for the construction of the necessary line
extensions to allow development to occur on the subject parcel.
According to the Commonwealth of Virginia Sewage Handling p and Disposal
Regulations, Table 4.1-Sewage Flows, typical flow for factories and office buildings is
15-35 gallons per day per person. Assuming a maximum number of employees of 15,
and an average use of 30 gallons per day per employee, the estimated sewage flow is
450 gallons per day.
E. WATER SUPPLY
Public water facilities are available to serve the site. The site is within the Frederick
County Sewer and Water Service Area. The owner will be responsible for the
construction of the necessary line extensions to allow development to occur on the
subject parcel. Water demand for the site will be similar to the sewage flow calculated
in Section D above.
F. DRAINAGE
Storm water runoff from the site drains toward the east across Route 11 and eventually
reaches the Opequon Creek. There are no perennial streams on the site.
An increase in storm water runoff and peak discharge rates can be expected with
development of the parcel. Storm water management will be provided in accordance
with the Frederick County Code, Chapter 165. It is anticipated that increases in storm
water runoff rates will be attenuated by the installation of a storm water management
facility.
G. SOLID WASTE DISPOSAL FACILITIES
No additional solid waste disposal facilities will be required for the proposed
development. The disposal of scrap metal will be done through a private, licensed
subcontractor. The amount of solid waste generated by the development can be
estimated based on one pound per employee per day. Using a figure of 15 employees,
the estimated amount of waste is 15 pounds. Tipping fees are $35.00 per ton.
Collection fees are $25.00 per ton. The annual cost projected to meet waste disposal
needs can be estimated by:
cost = cost per ton of waste x tonnage
$164.00 = $60.00 x (1x15) x (112000) x 365
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. According to the Rural Landmarks
Survey Report, there are several architecturally or historically significant sites or
structures within approximately one mile of the site. Please refer to Exhibit 4.
page 4
IMPACT ANALYSI#TATEMENT .
PARCEL ID 75-A-2
C7
I. COMMUNITY FACILITIES
EMERGENCY SERVICES
Police protection is provided by the Frederick County Sheriff's Department. The nearest
fire and rescue responder facility is the Stephens City Volunteer Fire & Rescue
Company 11. No additional fire and rescue facilities will be required as a result of the
proposed rezoning. The Frederick County Capital Facilities Impact Model calculates
that the projected capital cost for emergency service facilities attributable to this
development is $24,989.00. This projected cost is offset by the tax revenues anticipated
in the impact model. The owner recognizes the importance of emergency services, and
proposes to PROFFER a monetary contribution to the local emergence responder.
Please refer to the Proffer Statement contained Exhibit 8.
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:
• Public Library - $00.00;
• Schools - $00.00
• Sheriff's Office - $00.00;
• Administration Building - $00.00;
• Other Miscellaneous Facilities - $00.00.
After adjustments for tax credits, the net capital facilities impact is $00.00. Please refer
to item 5 in the Appendix.
page 5
IMPACT ANALYp_t STATEMENT
PARCEL ID 75-A
•
•
IMPACT ANALYSIS STATEMENT
APPENDIX
EXHIBIT 1 - PARCEL LOCATION EXHIBIT
Page 7
EXHIBIT 2 --PROPERTY MAP
Page 8
EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN
Page 9
EXHIBIT 4 - HISTORIC STRUCTURES MAP
Page 10
EXHIBIT 5 - FISCAL IMPACT MODEL
Page 11
EXHIBIT 6 - PROPERTY DEED
Page 12
EXHIBIT 7 - CURRENT TAX STATEMENT
Page 13
EXHIBIT 8 - PROFFER STATEMENT
Page 14
EXHIBIT 9 - ARCHITECTURAL RENDERING CONCEPT
Page 15
EXHIBIT 10 - PROPOSED PARKING AREA DESIGNATIONS
Page 16
EXHIBIT 11 -MONUMENT SIGN CONCEPT
Page 17
page 6
IMPACT ANALYSIQ ATEMENT
PARCEL ID 75-A-2
• EXHIBIT 1 - PARCEL LOCATION E
•
page 7
IMPACT ANALYST ATEMENT
PARCEL ID 75-A-2�
•
0
E
EXHIBIT 2 - PROPERTY MAP
e
•
•
RT & T PARTNERSHIP ` I VANCO LLC.
P.I.N.: 75-A-2D - -., ` P.I.N.: 75A-6-8-41
D.B.: 662, PG.464 I' `--� D.B.: 969. PGA 197
ZONED: B-2/B-3 1 I RT & T PARTNERSHIP ZONED: B-2
_USE: VACANT/COMMERCIAL 1 1 USE: VACANT/COMMERCIAL
_ I r P.I.N.: 75-A-2D
D.B.: 662, PG.464
ZONED: B-2/B-3
1 I I USE: VACANT/COMMERCIAL
VALLEY FARM CREDIT, ACA
P.I.N.: 75-A-2K I I
ZONED: B-2 ► RIPTIDE I_LC.
USE: VACANT r I I P.I.N.: 75-A-2L
IA I D.B.: 01, PG.1436 I
_ ZONED: B-2 I
I USE: DENTAL OFFICE
Syrs• 07 >6
11
� : _;= �fA�1r:-FAFRlr1- MU7UA1==�{1}i'MIX-
U:•:11J�:::CO; :- I
: GORPo147£
VALLEY FARM CREDIT, ACA/1
P.I.N.: 75-A-2G 1
'� _•:::::_ :::._ t),F3:: 41.; P�. - }341; ::::':::_
ISCOTT&MICHELE McMICfwLE
D.B.: 963. PG. 464 1
.
I;, ' :.::•; :;.; ::::: - =: _ : Q - $-2; :':.; _•::.: ;-; : - .
(�
I P.I.N.: 75-A-4
I D.B.: 02. PG. 1352
ZONED: B-2 I
I, SSE;; :�fACA1Jfi ::'.: ;-: - : •::=: h 2
usEEVACANf
USE: COMMERCIAL
I
I
I
I SADEGHZADEH, MOHSENI
- P.I.N .: 75-A-3
/
J/
- D.B.: 639, PG. 356
-- :-= ::... :_ ::-- ... •... ..- . ZONED: B-2
_'::: =:: ; :::_ ;• _ ::_ ;: - ::'.: -_ USE. VACANT
-- 11
_ _
��_ S36'_>1_37W—_2.25-W--------------
U.S. ROUTE 11
JOHN & GEORGE MILLER
P.I.N.: 75-A-11 C
D.B.: 608. PG. 273
ZONED: B-2
USE: COMMERCIAL & INDUSTRIAL
......... PARCEL TO BE REZONED
(2.38 ACRES TOTAL)
CURVE I ARC LENGTH I RADIUS 1 DELTA ANGLE I TANGENT I CHORD BEARING CHORD LE GBH
1 43.16 25.00 29.23 SB5'38 59 38.00
VAMY PIKE
ENGLE PROPERTIESIF INC.
P.I.N.: 75-A-10
D.B.: 635, PG. 586
ZONED: B-2
USE: COMMERCIAL & INDUSTRIAL
IMPACT ANALYSI ATEMENT
PARCEL ID 75-A-2�
•
•
•
EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN
page 9
•
Ll
•
1 / I I-_
/ I L I I
---
1 1 i L
-�
,S
l jF_7I 1 � --_ — - L
h oI I-2s
I I TRASAR L
III 1 O I -
- I PROPOS -
// I 1 ENTRAN I 1
I�raIii 1
I I I PROPOSED I
m ONE STORY BUILDING ,
FF=740.6 1
I I I f. i
I I
I � 1
1
II ® BMP/SWM AREA
I ` 1
GRASS BERM �
`------ - - — - - - - - - - - - - .
US RT. 11 VALLEY A IE VARIABLE R. 0 W.
- - - - - - - - - - - - - - - --------_���--
CRAFTSMAN AUTOBODY
FREDERICK COUNTY, VIRGINIA
1 "=60'
DRAWN BY: CBS
DATE: 04-29-031 JOB #0304011 1 REVISED:
PAINTER-LEWIS, P.L.C.
WINCHESTER, VIRGINIA
GENERALIZED SITE DRAWING NO.:
DEVELOPEMENT MAP EXHIBIT 3
IMPACT ANALYS�STATEMENT •
PARCEL ID 75-A-
• EXHIBIT 4 - HISTORIC STRUCTURES MAP
•
page 10
IMPACT ANALYSIS STATPENT
PARCEL ID 75 ((A)) 2E
L'
•
•
0
EXHIBIT 4-HISTORIC STRUCTURES MAP
Number
Common Name
Hilandale
Number
Common Name
Horton s Nurser
34-1 26
34-985
34-1-2 7
34-128
34-315
Springdale
Springdale Flour Mill
Stone House at Bortonsville
34-986
34-987
34-1005
Stover, J.I House
Ebersole —Petrie House
Chapel Acres
34-316
34-319
34-320
34-321
House at Burtonsville
Car sbrook
Car sbrook Redoubt
Hilandale Earthworks
34-1006
34-1007
34-1008
34-1038
Combs, Elaine House
Bortonsville Post Office
—Helper, Thomas House
Meadow Brook Farm
34-519
34-980
Church of Christ House & Barn
Adams, Mervel House
34-1040
34-1041
Carbou h, HenryHouse
Hed ebrook
34— 881
Hanover Lodge
34-1042
House off Rt. 651
34— 882
34-983
House, Rt. 1 1 S
House, Rt. 1 1 S
34-1043
34-1071
Jenkins, Warden House
House on Rt. 623
34-984
Village Auto Soles
34-1339
Steele -Clark House
�I
WOO
Or—L_, L
L
IMPACT ANALYSIS STA ENT
PARCEL ID 75-A-2E
• EXHIBIT 9 - ARCHITECTURAL RENDERING CONCEPT
•
page 15
IMPACT ANALYSIS STATWENT
PARCEL ID 75-A-2E�
40
0 EXHIBIT 10 - PROPOSED PARKING AREA DESIGNATIONS
C]
page 16
•
•
w
' Qr I
1 CUSTOMER V .h
I I I PARKING -�-
PA E Q
1 I -ti I
%` 1
US RT. 11 VALLEY
A VE. VAR/ABLE R. O. W
--------------------- -11
ALL SPACES NOT OTHERWISE DESIGNATED WILL
BE USED FOR TEMPORARY PARKING OF OPERABLE
VEHICLES WAITING FOR MINOR REPAIR.
CRAFTSMAN AUTOBODY I
L FREDERICK COUNTY, VIRGINIA
SCALE: 1 "-60' DRAWN BY: CBS
DATE: 04-29-03 JOB 40304011 1 REVISFO
PAINTER-LEWIS, P.L.C.
WINCHESTER, VIRGINIA
PROPOSED PARKING DRAWING NO.:
AREA DESIGNATIONS EXHIBIT 1
IMPACT ANALYSIS STPISMENT
PARCEL ID 75-A-2E
0 EXHIBIT 11 - MONUMENT SIGN CONCEPT
•
•
page 17
a
w
t
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ti; �yrrr� ram..
4L may.
,N
*44
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Y
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ti; �yrrr� ram..
4L may.
,N
*44
}
Y
APACT ANALYSI ATEMENT
PARCEL ID 75-A-2L
• EXHIBIT 6 - PROPERTY DEED
•
E
page 12
0
BK84IPG1341
C�
THIS DEED OF DEDICATION made and dated this 7H
day of July, 1995, by and between RTiT PARTNERSHIP, a Virginia
Partnership, party of the first part, hereinafter called the
Grantor, the COUNTY OF FREDERICK, VIRGINIA, party of the
second part, hereinafter called the Grantee.
ttBEREAS, the Grantor is the owner in fee simple of a
certain tract of land lying and being situate in Back Creek
Magisterial District, Frederick County, Virginia, containing
29.627030 acres, in the aggregate, together with the
Improvements thereon and the appurtenances thereunto
belonging, and more particularly described by plat and survey
drawn by David M. Furstenau, L.S., dated April 28, 1995,
revised May 11, 1995, revised June 6, 1995, attached hereto
and by this reference made a part hereof as if set out in
full; and being the same land conveyed to RTfiT Partnership, a
Virginia Partnership, by deed dated October 15, 1987, of
record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia in Deed Bcok 662 at Page 648; and,
NN=uAS, the Grantor now desires to subdivide the
same into lots, to be known as KERNSTOWN BUSINESS PARR,
99CTIOr I, and to evidence that the above and foregoing
subdivision of the above described property as it appears on
the aforesaid attached plat is with the free consent and in
accordance with the desire of the undersigned owner, and that
the said Grantor does further desire to subdivide the
aforesaid property in accordance with the provisions of the
Virginia Land Subdivision Act, as applicable, and the
applicable ordinances of Frederick County, Virginia, and
further to dedicate streets and easements as shown on said
plat to the County of Frederick, Virginia.
i
•
BK84 I PG 1 342
NON, THEREFORE, THIS DEED OF DEDICATION WITNESSETH:
That for and in consideration of the premises and the benefits
it by reason of this dedication, the
which will accrue to
Grantor does hereby subdivide all of that portion 8f land
s the same
designated as KERNSTOMU BUSINESS PARK, SECTION I,
appears on the plat and survey drawn by David M. Furstenau,
1995, revised
L.S., dated April 28, 1995, revised May 11,
June 6, 1995, attached hereto as Exhibit A and by this
reference r-ade a part hereof as if set out in full.
Tho Grantor does hereby dedicate to the Grantee that
portion of said land designated for the street designated
'Prosperity Drive', and does hereby create a public right of
passage over the same.
The Grantor does further grant to the Grantee that
' drainage G utilities
certain drainage easement designated '25
esm't' as shown on the aforesaid plat. Tr s oreQelY noted
met PI-''erick County
h tt have no duty or rae.P4Il�i1itY to
d einnc easeme
No portion of the land subdivided hereby shall be
dedicated to public use hereby except the street and drainage
easement expressly designated above.
All of the land shown on the survey drawn by
David M. Furstenau, L.S., dated April 28, 1995, revised as
aforesaid, attached hereto as Exhibit B, shown thereon with
hatched marks and designated 'B-2' shall be subject to
restrictions, which are covenants real running with the land,
and which restrictions are set forth on Exhibit C, attached
hereto and by this reference made a part hereof as if set out
in full; and these restrictions shall be binding on all
2
• •
BK641DIG 1343
subsequent owners of said land, and each deed, by recitation
or by reference, shall contain these restrictio,is.
This dedication is made with the free consent and in
accordance with the desire of the undersigned owner, and in
conformity with the Virginia Land Subdivision Act and the
Frederick County Subdivision Ordinance.
WITWEss the following signatures and seals:
RT6T PA ERSHIP
SEAL )
THOHAS C. BAKER, Partner
BY- (SEAL)
THOMAS C. GLASS, Partner
By EAL)
RALP �SGI�EGORI
STATE OF VIRGINIA,
r Y OF Fk F a E�(� f , TO -WIT:
I, 661 t r.AA C< (' 5" a Notary Public
In and for the State and jurisdiction aforesaid, do hereby
certify that THOKAS C. BAKER, THOMAS C. GLASS and RALPH S.
GREGORY, Partners of RTGT PARTNERSHIP, whose names are signed
to the foregoing Deed of Dedication, dated the D 1"N day of
July, 1995, have personally appeared before me and
acknowledged the same in my State and jurisdicti n aforesaid.
Given under my hand this '/ day of "`'7—, 1995.
My commission expires h�A y
NOTARY PUBLIC
C:�MdO��EAI-ESTUD:ssrvi.Ko (FILE ■0. 10,053/de:fh)
r i NHL r'LH I
✓ SE ON I
KERNSTOWN WSINESS PRRK
BACK CREEK DISTRICT
FREDERICK COUNTY, VIRGINIA
ex11>;B1T A
BK84 I PG 1 344
TAX MAP a 75-A-2D ZONE B-2 USE COMMERCIAL
APPROVED BY
Frederick County Sanitation Authority.G% --_ — to l^v�P-,V
Planning Coerission_ � _ _ __Date'7/Tl��
Subdivision AdministratorZII � . Date /// //�'��
Virginia Department of Transportatio 2 a Date C
OWNERS' CERTIFICATE
The above and foregoing subdivision of the land of RT&T Partnership
a Virginia Partnership, as appears in the accompanying plat, is with
the ent and in a cordance with the desires of the undersigned,
own and trust`I any.
cv _ f
NOTARY PUBLIC
1A] dAtA C, 1ji-',SR , a Notary Public in and for the e ;••.. ..
Oorortwealth of Virginia at Inrge d certifv that 71011As
iileeA t C, G /,A } { and QA(pQ �_ �[F(whose nnaKa are
signed to the foregoing owners' certificate. have acknowledged the
sass before we in my state. c� u
::O*en under Bey hand this 16nday of jy-11C , 194j" -;Ir Q �,
t•. commission expiresrygy _ f� ..,.
Surveyor's Certificate
I hereby certify that the land contained in this subdivision is the
sane land conveyed to RT&T Partnership, a Virginia Partnership, by
Deed Dated 15 October 1987, said Deed is r corded in the Office of
the Clerk of the Circuit Court of FrederCo? y Virginia in Deed
Bcrk 662 at Page 648. r( //
David M. Furstenau, L.S.
_BEV 6/6/95
., REV 3/11/e5
DATE, APRIL 28. 1995
FURSTENAU SURVEYING SCALE:
ovra. my:
STEPHENS CITY, VIRGINIA 22655 1 IOF
25.00' 9805444"
2S.00' 80000'00"
230.00' 90057100"
50.00, 1704S110"
55.00' 25205410"
50.00' 55009'00"
1 170.00' 90057'00"
365.10' 233.
15.49' 7.81'
242.77' 74.46'
48.13' 26.11,
269.85' 172.64'
6 8 0 RAILROAD R/W
LI lu. LI IU. UI\U.
38.00' S '9"W
040S3•
32.14' S 04°53'39"E
327.9S' S 89037'S1"W
15.43' S S3001'S6"V
68.48' 5 64032'34"E
46.29' N 16034'51"E
242.40' N 89037'51"E
N 48021 ' 56'E 1251 .71 ' _
POST
L�
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-'
Ln
r fn
0 co
o
r c
�'
REMAINING LAND
z
POST
24.873635.
ACRES SS eIL
a_
Q
PROSPERITY
w w
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20 UTIUT Y E SWT O�
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53 °2 19 v 531
AREA TABULATION
LOT I=-380706 AM
ROAD DED. 2.3T2689 ACR-
REMA*W4G 24,873635 ACR-
TOTAL 29.627030 ACR_
0 0
0
0 a
I � I
a �
v to
r
wu
J s
Ln
Y
N 45°07'16"E era w 2
302.22' a o
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' LOT I 0 N
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2.380706N
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ACRES m a
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S 36• IT 37
ure-lr�Ea
S 35•OG.
194 .2�
p1KE
LEA
S. lso, E )
U WID FINAL PLRT
FFCTION I
KERNSTOWN�BUSDSNESS PARK
BACK CT
FREDERICK COUNTY,
REvv6R IN9 Schng esm'is
REV, 5/11 /95 add easements
FURRTENAU SURVEYING
STEPHENS CITY, VIRGINIA 22655
DAM APRIL 28, 1995
iClel�. I M G00'
ptaM. �Ci
2 OF 2
NO. RAO. DELTA
1 25.00'
98054'44'
43.16'
2 25.00'
BO°00'00"
34.91'
3 230.00'
90°57'00"
365.1U'
4 50.00'
17045'10"
1S.49'
5 55.00'
252°54'10"
242.77'
6 50.00,
S5009'00"
46.13'
7 170.00'
90057'CO"
269.85'
EXHIBIT B
314
CHD.
CHD. BR,G.•iY
38.OD'
5
85036'59"V
20.9B'
32.14'
S
04053'39"E
233.B5'
327.95'
S
89037'51"W
7.81'
15.43'
S
53°OI'56"Y
74.46'
88.48'
S
64032'34"E
;
26.11'
46.29'
N
16034'51"E
172.B4'
242.40'
N
69037'51"E
wr 0
Et 8 0 RAILROAD R/W
— 1 _ _ N 48021 ' 56"E 1251. 71 '
-1- ".0"VJV Fkk-M
194.22,
�- Y PEKE
S. RouTE 11 vA�LE
U, 184, WIDE)
FINAL PLAT
SECTION I
KERNSTOWN BUSINESS PARK
BACK CREEK DISTRICT
FREDERICK COUNTY, VIRGINIA
REV 6/6/95 cling esm'ts
REV. 5/II /95 odd eosemenis
DATET APRIL 28, 1995
FURSTENAU SURVEYIING -" �80AL:
E oWP(. sr:
x STEPHENS CITY, VIRGINIA 22655
ST_ RIUII Ivtw___
EXHIBIT C
H^CRNSTOWN E)USI NESS PARK B� a 4 I PG 13 41
KNOW ALL HEN by THESE PRESENTS,
��pg� RTi Partnership, hereinafter called Owners, Dave caused into an ddition, kn�'�rn 3
certain lends owned by them to be platted aa
{ ernstawr� uusiness Park, tc• the County of Frederick. Virginia.
W"EREAr,, it is the desire and intent of owners, commercial
buildings, signs, and other appurtenances placed within said sub-
division be designed and Placed in such a reanner their location,
orientatic•n or, the lc•t, Architecture, landscaping, and method Of
gns), co»pliuent the other buildings in the
identification (si
J
•
subdivision and aro individually and collectively useful rn
attraction{
NOW TI4[REFURC, Owner* hereby adapt tl,rr Restrictive Covenants
wtatvd herein and spree th• stated covenants ahwll aPP1Y to thu U 2
ZONED portion of the property now Platted as Kernatown Business Pr,rk,
an Addition to t)ro County of Frederick, Virginia, as covenants
running with the lar,do
1. SGOpE OF APPLICATION
These covenants seal, apply in their entirety to the area, Zane)
1,i2, new know and doscribed as Kernstawn Husiness Par)c, an addition to
the County of F,-rderick, Virginia, as shown in tljo recorded lrlat
thereof• (five attached Plat)
11. PURPOSCS OF COVENANTS
The purposes of these Restrictive Covenants are, tO3
tA) provide wn architecturally pleasing and compatibly plan of
develop»ent for the property{
Page i
wfe1_. s ar,d Tenants of hiv
ts against impr-per
(N� Frc•t��c•t the ' of
develop'"er,t and ure <`f surroundinq lots, in the ll
ZoneL POrt 1'=n
1�0 ���� ��rt- use of their
the development, "'hick will depreciate u�
lot i
(C) prevent the erectic•r• Cr maintenance on gernstown Dusines
park. of structures constructed of improper er unsuitable materials Or
with i�"p►'oPp1' or unsuitable quality Methods of cc•r•structic•n;
(D) Ensure adequate c•-`nsistent and rea9onabla develop���ent of
Kernstown Business Park 4.9 a high -quality cc•rm"ercial environment;
(E) Encourage and ensure the erection of thn attr'activkly
designed iMprovw'wents wpprepri-tvly located within KPYnStOwn Dusiness
Park in order to a,hiwve hare,onious appearance amLl function;
-eat parking and loading facilities;
(F) Provide adequate off -sty
I(j) p,.ovida MiniMUM maintenance standards to pro��ota a uniform,
►wtat and clean appearance throughout Karnstown Uusincnn Park(
(j4) (Iuide the develoPI"ent or Ilernstown 0usine0s Park in w
atible and caniwtont with the- objectives and goals of the
rarw+er co"�p smannur
County of Fr.derick, Virginia; in a phased and orderly
Insuring an econcw"►tally arwi er.virormynte.11y sound and balanced
cosrrun i t y;
III. DEVELOPMENT SIANDnRDS FNND p;;OTECTIVE COVENANTS
1. }:Sim ritL' s n nd
n tru ti^n Stnn_ardg- The objvetive
stency and quality in
in building Standards is to obtain cons'
architectural design and to protect ar'd erl,ance valuers in Ieerr�stawrr
guslness Park, must approve
(q) RTtT PartneruhiP or its assigns
initial building plans, including building elavatians and
construction materials.
Page 2
�3F
(@) fit least 4,A �ent of the 11 t
shall be
aaL I PG t. 139 R11 c•r prosperity Drive constructs•
Sid
all facin,J
of brick, sterE, decc•rativv masonry, stuccc•, wood, or nar,-reflective
glass q,- ct'r^binati•:r,� ther-e•�f, N•� build
ir,y Ball be of the yuc•rset
but desigr'• ,zonir.y for
1• fierce �'�e Standards: See Frederick Cc.untY C^` '
alit -able uses.
2, Setbacks. Folk,, Frederick CC"
urty guidelines for setbacks.
3, Off=Strret Fn4. Follc•w Frederick Cc•unty guidelines-
arkiIJo
parking 6ha11 be P
emitted on ony street or road c•r at any places
other• than on the paved parking areas provided for and described
hare ir.bvlow. Adequate off-street p:,rking shall brr provided to
accommodate a busineus' anticipated needs-, however, shall at least
"Wat the minimum star•dwrds required by the Frederick County
ordinAncrrr. A11 off-street parking, access drives and loading areas
♦),all be {,a+sd and pro{re,-ly groded tc, assure prayer drainage and to
avgld dratnaye onto adjacent Iota. (No priors and doublrt sealyd - -- -
parkinU areas) erode, articles,
N
utstde rittra c. o uaterials, supplict, U
eq u i pwwnt ,
finished or semi -finished products or articles of any
nature shall be storms-d or per -witted to remain on any lot. All such
outside storage areas perrsitted and all waste And rubbish sturape
facilities shall Ve
„ithin an anclosed or•ea, proporly scrooncd, and
shall have an a11-r+eather surface. No M^terial or Wastes shall be
deposited upon any lot in such a fort-, or manner that same May be
doped by natural causes or forces. Further, no toxic, corrosive
losive liquids, gases, or solids shall be stored in
ue
inflasable or eMp t and maintained
bulk above Around, and any such items shall be key
upon a lot only in strict compliance With Fire Prevention Cade of
Frederick County, Virginia.
page 3
0
8K84 1 PG) 1350
Signs, One central siofor the- busir.essBS li•CatL-d off. U. •:
Rt. ll•will Ue all-_'r'ted• ld;'ntificaticr, signs shall be restricted to
e lot. Twoadvert'siny only the per•son,
c.r c0urpnr.ies located 'n th
ld) temporary r.iyrs per lot is perinitted at any cane time. TEmpc•rary
box used for construction and desi 9 n team infc•r•matior. or'
slurs may with
future ,ccuPa.r.t iJer.tificntic•r,, any permanent t;ign roust cc -imply
the sign ordinances in rrrfect of Frederick County, Virginia.
6. Screening-
ip) Storage areas, storage tanks, egvipmer.t, trash
container,-., haatir.y, air- conditioninrj, electrical, gas, utility, and
,tire,- s14ecial equip�nater-ie,ls, %r.J maintenance facilities, `hall
be either housed in enclosed buildings or otherwise cc•nrpletely
screrned. Such SCrerrr.lr.g i-MV be by the use of landscarpir.g or
permanent fences or e,lid materials. R..�^f objects lincludinli fans+
vrrnls, ec•olinp tcw+err, n4yliuhts nn(J n 1 1 roar raour.trrd ►ryuipine nt which
shall be housed in closes! buildirujs qr
rlsau above tho roof line) _
screened n rainlaun of 4' obc•ve rr.of 1 ir.a.
larger than four (h) feet in
(D) Nu satellite dish
diarwter, s11w11 be erecterd or. the prc•purty or Any structure thereon.
Rllowod satellite dishes shall be suitably screened in such a manner
tt.at the dish cannot be seen from pr-c.sprrity t)rive or U. 8. 11.
(C) Doundary fences must be of wood, brick or stone,
r.o higher ttran 411'. Other fencrrs shell „nly be used on limited areas
or the lot ancJ only as required or needed for screening purposes•
7. uc►1+tY_Conr.Uclie=•5• All utility connections, including all
electrical arxJ telephc•r.e cor.r.ectior.s and installations of wires to
buildings, and ail pipes+ conduits, cables and lines shall be made
underyround frc.w thv rwarest available s,urcr.
Page 4
U, Qn ite Drair-11L. Ea Owner shall be re .Arid to )roviJe
• adequate drainage for the 1948�� 0,5r 3r' plan and sye.trmn shall•
approved by Frederick. County Planniny Conu,iission and <_;hall be
desiyneJ to avoid all but tniriiroal sl.illage or- drainage onto any
adjacent lot. Drainaye plans and _;y,;tenrs shall be dLcnigned to direct
the flow of water into the pu'Jlic area as approved by the County or
tc.ward the rear let lines of the lot beiny developed.
g, t_ar.Jsca ir.e� All grass :rre:r`• shall be kept mowed to a height
root exceeding h ir.chrs. All shrubs, trees and other cn^naraental
bushes will bmr kept ir. raj-»d c-ndition e•0 that all dead w00d shall be
rem,unved from the sWAma to present an e9rcesble setting. Cach owner
shall moint•1)n the IAndacaping .n ita proprrrty and .all plantings
ther^won In poc•d hu..lth And appoaranr_c• withuut sutrstarrtial Alturrtian
and oliall r.rpair' any da.o.age thvret.:- occurriny by r-ur++on of any causu
whatsoeJvr.
IV. SCOPE OF AGRLEh1ENT
1, fl.ln with the L&nli• these covenant% and r^etitrlctions %hall
run with the land and shall be binding on all parties, their heirs
and assigns, for a period of twenty-five (2:.i) years frog the data
hereof.
tA) Within six months of expiration, a majority of
the lot ownars may amend or cancel these restrictions and covenants
by filing said amendments or cancellation in writing In the land
records of Frederick County, Virginia. if no such action is taken,
these Covenants shall continue for successive rive year increments
and any rive -year period ray be terminated in accordance with the
ter"s of the original ter-mi►.ation.
Page 5
(D) During Lhe0itial tt•rni arty subsequent exter,si�
M-8411513, inLc, cc-mpliance with a of ijjese Covenants
Mdy ba�
wa i vt?d or i hu Covenants may be amer.dcd if t lie waiver cIr
amendment is reduced to writing and approve.J by A majority of the
owners of lots located withir, the subdivision. Arty waiver or
amPnrtnient shall bt? roc ,rded in the land rec.:rd•i maintained by till?
Office Qf the Circuit Clerk and Ex-Uffit:ic• .4eca1-04_1- c•f FI'cdl>r'ick
County, Virginia.
2. %'J,, tinny. If any party or lot owner violates or attempts
to violate these covernnnts or restrietic•ne it shall be le.wful far arty
pernon o,. pert;or,s own►r,g any interc:,L in any lot to p?•ojjeci.itcr any
violating or atttnaptinigj to violate arry such covenNr.Ls c,r
reY�.ricl iunr., either to prevent them f.•C., doing so to recover
dwiac.pvu c,r (.,thus- penalLiar, for such violation.
3: inv,,l 02J lon. Invalidation c f any one of these covunar..ts by
JudU,avnt or court order shall, in no wise, :.ffect any of the other
provisions horrin contained.
IN W1TULSS WHEREOF,
t u Owners
hove herrirntc, silt
their, handu and
%owls this I— day of
+
i
IJ9,�'
RTT Purtnersh p
L,
/fly �• WT. « tn.
�
« M z�'�
��+ry//Q�r'g?
Na ii!�fr�0 a11MIf�
� Tr �w ►fi Mc- M.t-002 a
be" Dom• ds+ By:
CJMt
Page 6
IMPACT ANALYST,WATEMENT •
PARCEL ID 75-A-2
•
•
i�
EXHIBIT 7 - CURRENT TAX STATEMENT
page 13
•
T A X R E C E I P T - Y E A R 2 0 0 2
FREDERICK COUNTY
C• WILLIAM ORNDOFF, JR
P-0• BOX 225
WINCHESTER VA 22604-0225
Ticket #:00316200002 a90
Date = 11/21/2002
Register: CJO/CJ
Trans• #: 04729
Dept # RE200202
ACCT# 37158
2002 REAL ESTATE TAXES
Previous
2.38 ACRES
75 A
2E
Balance $
Acres:
2.38
Principal Being Paid $
Land: 362900
Imp:
0
Penalty $
Interest $
STATE FARM MUTUAL AUTOMOBILE
INS
Amount Paid $
C/O CORPORATE TAX DEPT RE
824
*Balance Due
1 STATE FARM PLZ
as of 11/21/2002$
BLOOMINGTON, IL
61710 0001
Check 1106.84
Pd by STATE FARM MUTUAL
AUTOMOBILE INS
ANY BALANCE DUE DOES NOT
INCLUDE
PENALTY
AND INTEREST.
1106.84
1106.84
.00
.00
1106.84
•00
# BK1 1000587448
(DUPLICATE)
0
•
BK84IPG1341
1�
ty. f
THIS DEED OF DEDICATION made and da
ted this �� k
day of July, 1995, by and between RT&T PARTNERSHIP, a Virginia
Partnership, party of the first part, hereinafter called the
Grantor, the COUNTY OF FREDERICK, VIRGINIA, party of the
second part, hereinafter called the Grantee.
WHEREAS, the Grantor is the owner in fee simple of a
certain tract of land lying and being situate in Back Creek
Magisterial District, Frederick County, Virginia, containing
29.627030 acres, in the aggregate, together with the
improvements thereon and the appurtenances thereunto
belonging, and more particularly described by plat and survey
drawn by David M. Furstenau, L.S., dated April 28, 1995,
revised May 11, 1995, revised June 6, 1995, attached hereto
and by this reference made a part hereof as if set out in
full; and being the same land conveyed to RT&T Partnership, a
Virginia Partnership, by deed dated October 15, 1987, of
record in the Clerk's Office of the Circuit Court of Frederick
County, Virginia in Deed Book 662 at Page 648; and,
WHEREAS, the Grantor now desires to subdivide the
same into lots, to be known as KER11STOWN BUSINESS PARK,
SECTION I, and to evidence that the above and foregoing
subdivision of the above described property as it appears on
the aforesaid attached plat is with the free consent and in
accordance with the desire of the undersigned owner, and that
the said Grantor does further desire to subdivide the
aforesaid property in accordance with the provisions of the
Virginia Land Subdivision Act, as applicable, and the
applicable ordinances of Frederick County, Virginia, and
further to dedicate streets and easements as shown on said
plat to the County of Frederick, Virginia.
0
9
BK84IPG1342
NON, THEREFORE, THIS DEED OF DEDICATION WITNESSETH:
That for and in consideration of the premises and the benefits
which will accrue to it by reason of this dedication, the
Grantor does hereby subdivide all of that portion of land
designated as KERNSTOWN BUSINESS PARK, SECTION I, as the same
appears on the plat and survey drawn by David M. Furstenau,
L.S., dated April 28, 1995, revised May 11, 1995, revised
June 61 1995, attached hereto as Exhibit A and by this
reference made a part hereof as if set out in full.
The Grantor does hereby dedicate to the Grantee that
portion of said land designated for the street designated
"Prosperity Drive", and does hereby create a public right of
passage over the same.
The Grantor does further grant to the Grantee that
certain drainage easement designated "25' drainage & utilities
esm't" as shown on the aforesaid plat. It is expressly noted
that Frederick County shall have no duty or,resDonsibility to
maintain the dedicated drainage easement.
No portion of the land subdivided hereby shall be
dedicated to public use hereby except the street and drainage
easement expressly designated above.
All of the land shown on the survey drawn by
David M. Furstenau, L.S., dated April 28, 1995, revised as
aforesaid, attached hereto as Exhibit B, shown thereon with
hatched marks and designated "H-2" shall be subject to
restrictions, which are covenants real running with the land,
and which restrictions are set forth on Exhibit C, attached
hereto and by this reference made a part hereof as if set out
in full; and these restrictions shall be binding on all
►.
I
BK84IPG1343
subsequent owners of said land, and each deed, by recitation
or by reference, shall contain these restrictions.
This dedication is made with the free consent and in
accordance with the desire of the undersigned owner, and in
conformity with the Virginia Land Subdivision Act and the
Frederick County Subdivision Ordinance.
WITNESS the following signatures and seals:
RT&T PA ERSHIP
THOMAS C. BAKER, Partner
By -� ��-� ( SEAL)
THOMAS C. GLASS, Partner
By EAL)
XRALPIS. G EGORY,
STATE OF VIRGINIA,
OF FA F 7 C , TO -WIT:
1, _ & �g A A yt a C' ('J' s "Em , a Notary Public
in and for the State and jurisdiction aforesaid, do hereby
certify that THOMAS C. BAKER, THOMAS C. GLASS and RALPH S.
GREGORY, Partners of RT&T PARTNERSHIP, whose names are signed
to the foregoing Deed of Dedication, dated the �(�- day of
July, 1995, have personally appeared before me and
acknowledged the same in my State and jurisdicti n aforesaid.
Given under my hand this 74 day of 1995.
My Commission expires _J {1� J /mil Q Q
NOTARY PUBLIC ?J
C:\YP60\REAL.EST\KERNSTNI.DED (FILE NO. 10,053/BNB:fh)
P - 4
3
•
C:
5ECTION I
KERNSTOWN SUSINE55 PARK
BACK CREEK DISTRICT
• FREDERICK COUNTY, VIRGINIA
APPROVED BY
EXHIBIT A
OK84 I PG 1344
Frederick County Sanitation Authority to
Planning Commission
_w Date_Z�_T
Subdivision Administrator Datelj�i
Virginia Department of Transportatio 1/�_I�`s_Date�
OWNERS' CERTIFICATE
.;mar •
The above and foregoing subdivision of the land of RT&T Partnership
a Virginia Partnership, as appears in the accompanying plat, is with
the consent and in accordance with the desires of the undersigned,
own and trust , i any.
NOTARY PUBLIC
I_ A.A &A it a Notary Pub 1 i c in and for the •"` ;•
k
Commonwealth of -Virginia at large1 d,9 certify that M s
and J. �� F•• -, whose names are N �'
signed to the foregoing owners' certificate, have acknowledged the ' v
J
same before me in my state. W �=
c� c
Given under my hand this f 6 nday of 19 4_3'
My commission expiresr 4��c
Surveyor's Certificate
I hereby certify that the land contained in this subdivision is the
same land conveyed to RT&T Partnership, a Virginia Partnership, by
Deed Dated 15 October. 1987, said Deed is r corded in the Office of
the Clerk of the Circuit Court of Freder'c Col y, it inia in Deed
Book 662 at Page 648.
David M. Furstenau, L.S.
,...J,f V 6/6/95
REV 5/l1/95
DATEt APRIL 28, I995 �•'`�
FURSTENAU SURVEYING
STEPHENS CITY. VIRGINIA 22655
SCALE:
DWN. NY:
KHU.
UtLIH
TAN.
CHD.
CHD. BRG.
1
25.00'
9B°54'44"
I PG
� 98'
38.00'
32.14'
5
5
6503B'59"W
04053'39"E
2
25.00'
230.00'
60000'00"
90°57'00"
365.10'
233.85'
327.95'
5
89037'51"W
3
4
50.00'
17°4S'10"
15.49'
7.81'
74.46'
15.43'
86.48'
S
5
53001'56"W
64032'34"E
S
55.00'
50.00'
252054'10".
S5°09'00"
242.77'
4B.13'
26.11'
46.29'
N
16034'51"E
g
7
170.00'
90057'00"
269.85'
172.84'
242.40'
N
89037'514-E
8 8 0 RAILROAD R /W
`.jPOST _ ____ _ N 48021 ' 56"E 125I.71
z��W
04
0 � z ry J REMAINING LAND
-- POST I 0A 873fi35
T
)C4
OTq
05—
Q-
� d �
ACRES
�� -- PRdSPERITY
t �T
S BRL ,
6 20' U'ti'ILITY ESM'T O�
5 3�191 82 ,
PosT
0
0 DAM W PURSTMAU >
w}
no.1455
6 -11-
0
0
3
RN
U
cn
S u
� �
z
CD
�
N
0
.i
my l 9M
I
7
iJ
so'
m
D
rn
N 45°07'16"E
302.22'
POST
CD
to
U)
1-1
IL J
Q
ULLJ U
Z cw
G
I
o�
Q O
c� cy
V) N
m
0 m
W
In
0
--r
to
v
In
L
1
�J
1
�Q.
lD U
cr-
IPS
I- Lij
LLI
Q �
a0
NU
LOT I -
cV
2.380706 0 0
ACRES a
m �
AREA TABULA"fIOtJ 11 (3 °
LOT I 2.880706 ACR. 25' DRAINAGE a
ROAD DED. 2.372689 ACR. UT1LftIESESMT— - _` 536� 11;3�
REMAINING 24.673635 ACR, lPF S 35906 21 W
TOTAL 29.627030 ACR. 1g4.22�
S.
w�oE
�$ FINAL PLAT
SECTION I
KERNSTOWN BUSINESS PRRK
0 o BACK CREEK DISTRICT
o N FREDERICK COUNTY, VIRGINIA
I i I REV G/co/95 chng esm'1s
REV. 5/II /95 add easements
DaATEg APRIL 28, 1995
nww SCALE: I" = 200'
FURSTENAU SURVEYING
I OWN. BY: `,
STEPHENS CITY, VIRGINIA 22655 12 of
•
NO.
1
3
4
6
7
lit POST
C)
0
CN
c
cn �
J N
4 �
U 0
Tq
a:
liS �
y W
0 0
0 (Y_
N 0.
0 d
ow
U
AREA
LOT I
ROAC
REM;
TOTAL c�.1041V3V AUK.
RAD. DELTA
25.00'
98054'44"
25.00'
80000'00"
230.00'
90°57'00"
50.00'
17045'10"
.55.00'
252054'10"
50.00'
55009,00"
170.00'
90057'00"
EXHIBIT B
o O
1 N O
I � I
ARC
iMVP1
CHD. CHD. BRG.•
43.16'
.23'
38.00'
5
65036'59"N
;.:
34.91
20.98'
32.14'
S
04053'39"E
�;r•
365.10'
233.8S'
327.95'
5
89037'51"k
15..49'
7.81'
1S.43'
5
53001'56"u
::;•;; ,,
242.77'
74.46'
68.48'
5
64032'34"E
48.13'
26.11'
46.29'
N
16034'51"E
269.85'
172.84'
242.40'
N
89037'51"E
6 a 0 RAILROAD R /W
N 48021'56"E 1251.71'
194.2Z
-� � t 1 VALE-�
U. S • g�U
«D W FINAL PLAT
SECTION . I
KERNSTQWN BUSINESS PRRK
BACK CREEK DISTRICT
FREDERICK COUNTY, VIRGINIA _
REV 6 /6 / 95 chng esm'ts
REV. 5/II /95 add easements
DATIE: APRIL 29, 1995
FURSTENAU SURVEYING
CT�[�llc�fc► n�T.. ......�.___ _
LCALEs 1" = 200'
DMfM. ■T:
0
.,s--,;�•��-�~�._.._-.._.. . _..... ....--."R(-vTR1C"i'1VE CbVEl�ilaN � 5
• EXHIBIT C
• FOR
[IN5TOWN bUSIN��Aftl:
BK841PG1341'
V(NoW ALL hiEN 1.►Y THESE PRESENTS: have caused
WHEREAS, RTT partnership, hereinafter called Owners,
certain lands; owned by the111 to be platted into an
addition, kn_ wn a`3
ir,ia.
f(err,stowr, (3usir,ess park, to the County of Frederick, Virg
WHEREAS, it is the desire and intent of owners,
corncaerc i a 1
buildings, signs, and other appur'ter,ances placed within said 5-
division be designed and placed in such a rnanner their location,
c�rientatior+ ctir, tt►e lot, architecture, landscaping, and rnethc�d Of
' compliment the other buildings in the
identification (signs), co
subdivision a►•,d area individually and collectively useful and
aL-t tact ivc';
NOW T��[R'r.FURL, (7wne►-5 hereby adapt tl'r3 (te5trictive Covenants tee the Stated covenants shall aPP l Y to the L�
stated herein and a9
ZONED portion of tl�e property now platted as.Kerr,stowr, Pusir,ess Park,
an addition to tale County of Frederick, Virginia, as covenants
running with the land:
I . SCOPE OF APPLICATION
These covenants shall apply in their on
to the area, 7.ened
ar, addit 1Qr, to
Uc, noW t'•rAC'W and described as Kernstowr, business 1-'arlc,
the County O Frederick, Vil^(}inia, ,%s shown in the recorded plat
thereof. (See attached Plat)
11. PURPOSES OF COVENANTS
The purposes of these Restrictive Cover+ants are, to:
(p) Provide an al" hitecturally pl.asinrd and corapatible plan of
development for the property;
page J.
0
7777777�--
_ ainst irnpr,_'per
tt+) H'rutF2Lt the iJwner' S and Tenants of 1Gts��g orti�-n Of -
development and u:,r3 of surrounding lots, in 1.hE' U
Zoned p
I'll a 1. I ,�,r use o f their
the developrner�t, which will depreciate W, W
lot ;
ri
(C) i?,event the erectior� or mairoteriance
on lternstc'wt,ra rrialssor
Park of strilctures constructed c'f improper'
'r unsuitable
wit"t improper, or unsuitable quality methods of car,struction;
(p) Ensure adequate c'�nsistent and reasonable develop
ment of
1Cernstov+r, Dusirless F'ark as a high -quality commercial er,viror'rner�t;
(E) Encourage and ensure the erection of the attractively si mess
t own
designed improverrrer+ts aPPrc'priately located within Ker��s
Part+. in order to achieve harmonious appearance and function;
(r) Provide adequate off-street parking and loading facilities;
�_rn i f o►^m
SV) provide rainirn�un maintenance standards to p
rntrtot e a r
neat and clr?ar' al�pearar+ce throughout Kernstown 1)usincss Park;
(H) Guide the development of ICernsiowr, Business Park in a
rnar+ner compatible and car,sisl:er't with the obJ
actives and of the
County of (=+• ederick, Vit-ginia; in a phased and orderly rncjnr1er
ir+surinrg art ecoriornically and envirornmF-ritally sound and balanced
conirnunity;
III. DEVELOPMENT STANDARDS AN() PROTECTIVE COVENANTS
1, 1?�_rildir�� Deli n Qnd CansLruction Sti r.1_ ard-2- The objective
,rality in
in building standards is to obtain consistency and q.
dcsigr� and tr_. protect and enhance values in I:erristowri
architectural
Business Park.
(A) RT&T Partnership or its assigns must approve
initial building; plans, including building elevations and
construction materials.
Page 2
W.,�.«-•,�;., .,,..._. �._ ._�_.. ,..... .._ ---- - __ eKteric�r wall of arty
(ti) Flt least Oki percent of the
ll//�S44 G 34 a ;;. Rt. 11 or Prasperity Drive sihall be cortstr^acted
�l'Jc711Cing
sicle '- wood, or nort-reFlectivrr
stucc-,
c+f brick, gtortr=t, decorati.vE njasonr/, be oC the , q uc-rosvt
< 01^ ccurbinaL i _rts thereof. No bui ldirttJ s1�a1 l
glass
but design. u2 zortirt3 for
See Fr-ederic•1c County
allowable uses.
tbacks. Follow Frrderick Caur'ty guidelines for setbacks.
lines
3. Cff-,tr_eye rkin Fallc�vr Frederick county .I l,c`
shall be pe
parlciny rmitted an arty s
trr=et ar^ road or at arty p
f��r and described
on thr_, paved parking areas provided
other that, rovided to
arkir,g shell be p
hereirsbelow. Adequate Off-street P shall at least
aced needs; however,
accarnmodatQ a business' anticiP the Frederick County
rnQet the minimum Standards required by areas
or-din��nces. all off-street Parking,access drives and landing
shall b. paved and properly graded to assure prc'P
er drainage and to
avc.id drainage onto adjacent lots. (Na prime �r,d double -sealed
parking areas) r c ds,
r�, Outside F.,tarar E�. No rnaterials, SupN
lies, 7''^ articles,
lot. /
e uiprnerrt, finished or semi -finished praducl.G or �-�rticles of
1r1 All such
any
nature shall be stored or permitted to remain an
outside stcre,ge areas permitted and all waste and rubbish storage
r 'ei•ly screened, and
be within an enclosed area,
facilities Shall P•_, p � a shall be
shall have art all-weather surface. No raaterial or. waS nc may be
dEp_tsited upon any lot in such a f-arnt or manner that
causes or forces. Further, no toxic, corrosive
moved by natur^al
inflanvnalsle or explosive liquids, gases, or Solids shall be sl:arr't1 in
bulk above ground, and any such items shall be kept and maintained
upon a lot only in strict compliance with Fire Prevention Code of
Frederick County, Virginia.
OK84IPG1350
r,Y+S.
e central sign ;for the businesses lOCatr:(.! off U. 13-
On
fit, 11 tc'
will be allovted. ldentificatiar, sign%
restricted
shall be
Two
only the persona or companies located on theloC�
advert
(�) ternperary �;iyrts per lot is permitted at ar1y or+e -ern.mpc.rary
.� r
signs nay be usctd 'For construction and design tears inforr+tatxor+y with
9 �• n roust cornpl
grit idcr+t if icat icrl. Any permanent �i9
future occup_ inia.
the sign ordinances in (effect of Frederic)( Cour+ty, Virg
6. Screenirl . trash
s equiprnerrt;,
(A) Storage
areas, storage tanks,
utility, 1 it y, 3r'd
containers,, heheating, air conditioning, electrical, gas, �51
i�111
c•tller sNEcial ec�uiprnen+;, materials, and rnazir+tcl"'Or+r=r_ facilities,
be either housed in enclosed buildings Or other -wise completely
screened. Such screening may be by the use of 1ar+dscz+pir+y Or
perrnanenL fences of solid materials.
Reef objects (xncludir+g fans,
which
vents, cc�olir�g towers, skylights arid all roof rrtc.!rnted equipment
rises above the roof line) shall be housed in closed buildings or
screened a rairlifilurn of 4' abc•ve rG4f line.
(D) NO satellite dish larger than �faur (") Meet in
diameter, shall bt: erected c.r, the property Or any structure thereon-
' Allow�_d satellite dishes shall be suitably screened in such a manner
that the dish cannot be seen from Prosperity Drive or U. S. 11.
(C) Boundary fences must be of wOud, brick ol^ stone,
r10 higher than 46". other fences shall only be used or, limited areas
of the l.�t and only as required or needed far• screening pu,
o. Utilit COnr,cctiorrs. All utility coririecti01'Is, ir,clUdirig all
electrical and tL-lephc-ne cc-rtrnectiOr,s and iristallaticIns c+f wires t�.
buildings, and all pipes, conduits, cables and lines shall 130 rn.adr;�
underground 1=ror,1 tilt~ nearest available source.
Page 4
ty, err,-^ite Ur^ain:�t e_ Each Owner shall be rrquired to
F,r,wide
Lw ay d►r• � G7r `fie Plan a►+d �ystern ,hall bE
adequate drainagt7 for Cite 1 17
appi-eved by F r•edenick County P'larinir+y Cc�mrnission and shall he
designed to avoid all but minimal spillage or tJrarir�age c�ntc• any
adjacent Iot. ov_ainage plans and systears shall be do<,igned @ direct
ri
the flaw of water into the public area as approved by the Go!+nty or
toward the rear lc•t lines of the lot being developed.
,3. Lar+tJsca _irtU._ All yras's areas shall be kept roamed to a height
n^r,amerrCa+l
riot e)(ceedir+q G inches. All shrubs, trees ar+r) ether c
bushes will Lte )�ept ir+ yc�d c(:,ndiL-ion so that all dead wr�L 5ha11 be
rt?m��ved From the s�une to present an agreeable setting. Each owr+e�r
ro � rt and all plant inys
shall maintainthe landscaping oil its p P= Y
tliereor+ in good health arid appearance without substa.ritial alteration
anti shall r�+.pair any damage thpreaLc. occurrinr3 by reason Of any cause
whatsoever.
I'd. SCOPE Or AGREEMENT
with
the Land.
these covenants
and restrictions shall
rur+ with the
and assigns,
land
For
and shall
a period ,�f
be binding on all
twenty -rive (c::j)
parties, their heirs
y+--ars from the dale
hereof.
(A) Within six months of expiration, a cna,j0t-ity of
the lot owners may amend or cancel these restricti0ns and covenants
by filing said arnendrnents or cancellation in writing in the land
records of Frederick County, Virginia. If no such action is taken,
these covenants shall continue for successive five year increments
and any five-year period may be terminated in accordance with the
ter^ros of the original termination.
Page S
During the initial tern} any yL� useyuent a.xtertsicrr
QQ Q�1�.y�/�InLU, CC'fAlJ11c1nCL' tJlt:h d �7►^�JV1ol��Y, n( these L4VE?nantEi
teat' Ue wa�ivrrd or the Cover,arrts nay Ut' arnender; if the waiver
or^
roVL
'd b :-k majority of the
amendment i s rpduced t":' writing and %�pla y r
owners of lots located within the subdivisic-rr. flny vraiver^ _
an,r-,clr,ter,l: shall be 1•ec:'�in tile F
,'ded ite land rco1^d5
tRnrair,t.ained by 'Llat�
Office of the Circuit Clerk FIrid Ex-pl'fit:ie ;ticec•rc�+'t^ of rr't=dr-r•ic-k
County, Virginia.
c . Vr i �j .fit i curls.
It ar,y party or lo't awr,�r- vic�la,tres c.r- attempts
tc� violate: i.hese ccvenar,ts ar restricLior,s. it shall Ue for a�r.y
lawful
lier!3on or 1�r^r-;��r,s awning a;•ry intes^e�l in piny l�t Lc, prvseCr_t�e� any
violating or attcrralltir'g •t•c. violate any such cclvertar,t!E� or
r•esFr ict:iar,s, eiti�er L,� prevent them frorn d0iny so c:r tc. recr_,veti^
dar,rages at^ aEhet^ Penalties fr,r• such vio.li,ti_n.
J .
Lr,val it}al: ion. Inval idat i�n .._.f any one Of these c�_vena>gt � by
jutigrner,t or court order shall, in r'rc. wise, affect any of the
other
pr�wisiar,� herein contained.
IN WITNESS WHEREOF, t e Owners have her•t,ur,to st.t the r ttands and
seals this day
of
RTT Parrl;nersh.11
L7, (I /�3�
Thil1Irwi F13 �iO OCSi o
'fhl� InNivneIM /J% �)ay
0Y GI nowledQRtont tlmreto annexed
n with Co ata q T� knpoaed b, goo. 58.1.802 of ,
Y_tA� ruse
4 A-001 t'ave peen poll, 11 aeaessnble. By:
r
Gls�k
Page 6
•
E
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a
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o 40)
rid r rn
rLr
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)-+ O
U U
BK841 PG 1550
THIS DEED made and dated this ZdaY Of July,
1995, by and between R T & T PARTNERSHIP, a Virginia
Partnership, party Of the first part, hereinafter called the
Grantor, and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, an
Illinois Corporation, 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 Grantor does hereby grant and convey with
general warranty of title unto the Grantee, in fee simple
absolute, all of that certain lot or parcel of land, together
with the improvements thereon and the appurtenances thereunto
belonging, lying and being situate in Back Creek Magisterial
District, Frederick County, Virginia, containing 2.380706
acres, and more particularly described and designated as LOT 1,
on the final plat of the KERNSTOWN BUSINESS PARK, SECTION I,
drawn by David M. Furstenau, L.S., dated April 28, 1995,
revised May 11, 1995, revised June 6, 1995, of record in the
Clerk's Office of the Circuit Court of Frederick County,
Virginia in Deed Book 1?q 1 - at Page ! 3` Y ; and being a portion
of the same land conveyed to R T & T Partnership, a Virginia
Partnership, by deed dated October 15, 1987, of record in the
aforesaid Clerk's Office in Deed Book 662 at Page 648.
This conveyance is made subject to those certain
restrictive covenants set forth on the Deed of Dedication dated
the Tik-J day of July, 1995, of record in the aforesaid Clerk's
Office in Deed Book Syl._ at Page LZ(1L- (the Deed of
Dedication) and by this reference made a part hereof as if set
out in full.
0
BK84IPG1551
This conveyance is made subject to all rights of way
and restrictions of record affecting the subject property. The
Grantor reserves a right of way for utilities, sewer line and
surface drainage, over and under that certain 25' drainage and
utilities easement shown on the aforesaid plat attached to the
Deed of Dedication.
The Grantor hereby covenants that it has the right to
convey to the Grantee; that the Grantee shall have quiet and
peaceable possession of the said property, free from all liens
and encumbrances; and it will grant such further assurances of
title as may be requisite.
WITNESS the following signatures and seals:
R T / ARTNERSHIP
B ;� (SEAL)
�P OMAS C. BAKER, Partner
By_
�� �� (SEAL)
T OMAS C. GLASS, Partner
,By
EAL)
01S 6.G4E tner
STATq OF VIRGINIA, atla4 "
OF TO -WIT
a Notary Public in
I,
and for the State and jurisdiction aforesaid, do hereby certify
that THOMAS C. BAKER, THOMAS C. GLASS and RALPH S. GREGORY,
Partners of R T & T PARTNERSHIP, whose names are signed to the
foregoing Deed, dated the 12_44`� day of July, 1995, have
personally appeared before me and acknowledged the same in my
State and jurisdiction aforesaid.
Given under my hand this /Zda of i, 1995.
My Commission expires
NOTARY PUBL C
C:\4P60\DEEDS\R%T.STA (FILE M0. 10,053AIMMO
VIRGINIA FREDERICK OOVNTY, SCT,
Thls Inalrumant of wrillny was produced to me on the
L dnyof Sub 19°i�, at Lt. 4-1 ( M_
and wlih carImIcats�owlodomant thoroto annexed
was adrnivwd to record. Tux Impoaad by Sec. 60.1-1102 of
S 3�� (-Oand 5a.1-001 have been pall, 11 5930esab1e.
r
Clerk
•
Crednt
Mr. Jeremy F. Camp, Planner II
Department of Planning and Development
County of Frederick
107 North Kent Street
Winchester, VA 22601-5000
Re: Rezoning #12-03 of Craftsman Auto Body
Dear Mr. Camp:
P.O. Box 2700, Winchester, VA 22604
Administrative Office 125 Prosperity Drive, Winchester, VA 22602
phone 540-662-3473 / toll -free 800-999-5341
fax 540-869-6663 / www.valleyfc.com
As the representative of the legal owner of property located at 125 Prosperity Drive, I
have been instructed to inform the members of the Planning Commission of our intent to
object to the rezoning application filed by Craftsman Auto Body. I have spoken with our
legal counsel and researched the public records with respect to the property identified as
PID 75-A-2E, which is the subject of the rezoning request.
You will find attached to this letter, a copy of the Deed from R T & T Partnership to State
Farm Mutual Automobile Insurance Company, and a copy of the Deed of Dedication
from R T & T Partnership to the County of Frederick. Legal counsel for Valley Farm
Credit has indicated the Deed of Dedication clearly limits the designation of the
referenced property to B-2 zoning as "running with the land" as described at BK 841 PG
1342. The Restrictive Covenants that accompany the Deed of Dedication, as Exhibit C,
located at BK 841 PG 1347 through PG 1352, state:
"... Owners hereby adopt the Restrictive Covenants stated herein and agree the
stated covenants shall apply to the B 2 ZONED portion of the property now platted as
Kernstown Business Park... as covenants running with the land"
"Protect the Owner's and Tenants of lots against improper development and use
of surrounding lots, in the B-2 Zoned portion of the development, which will depreciate
the value and or use of their lot;"
"... The objective in building standards is to obtain consistency and quality in
architectural design and to protect and enhance values in Kernstown Business Park."
"Performance Standards: See Frederick County B2 zoning for allowable uses."
Rural America's Customer -Owned Partner
•
•
The above references are indications, according to our legal counsel, the County is not in
a position to approve any rezoning request for this property which would change its
designation from B-2 to B-3. I would appreciate your review of this material and
informing the Planning Commission of our findings.
Sincerely,
4CWA O&T-Z) 9--�
Robert N. Carpenter
President/CEO
C: Eric Lawrence, Director
/R
�i
l`',�
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
MEMORANDUM
TO: Finance Department
FROM: Karen A. Cain, Office Assistant II
SUBJECT: Return Of Sign Deposit
DATE: February 25, 2004
The amount of $50.00 was deposited in line item #3-010-019110-0008 for the business named below
as a deposit for a sign for Rezoning Application for Craftsman Auto Body 412-03. They have now
returned the sign and are therefore entitled to the return of their deposit. You may pay this through
the regular bill cycle.
Please send a check in the amount of $50.00 to:
RS(A�/kac
Painter/Lewis
116 South Stewart Street
Winchester, VA 22601
107 North Kent Sheet • Winchester, Virginia 22601-5000
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX:540/665-6395
NOTIFICATION OF PUBLIC HEARING
November 19, 2003
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #12-03 FOR CRAFTSMAN AUTO BODY
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, December 3, 2003, 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 #12-03 of Craftsman Auto Body, submitted by Painter -Lewis, P.L.C., to rezone 2.38 acres
from B2 (Business, General) District to B3 (Industrial Transition) District. This property is located at
the intersection of Valley Pike (Route 11) and Prosperity Drive, and is identified with Property
Identification Number 75-A-2E in the Back Creek Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library and the Bowman Library the week
of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely,
Jeremy F. Camp
Planner II
JFC/bad
107 North bent Street • Winchester, Virginia 22601-5000
i
This,,-`%�ls to ,p t;-F, +hat the attached correspondence was mailed to the following on
7.�. l ��i�0� from the Department of Planning and Development, Frederick
County, Virginia:
75 - A- - 2-G 4 �K
VALLEY FARM CREDIT, FLCA
PO BOX 2700
WINCHESTER,VA 22604.1900
75 -A- - 11-C
MILLER, GEORGE & JOHN
CIO MILLER AUTO SALES
3985 VALLEY PIKE
WINCHESTER, VA 22602.2465
75 -A- - 3-
SADEGHZADEH, MOHSEN
501 JEFFERSON ST
WINCHESTER, VA. 22601.3222
75 - A- - 21
REPTIDE, LLC
4951 NEW CENTRE DR
WILMINGTON, NC 28403.1662
75 -A- - 10-
ENGLE PROPERTIES, INC.
CIO MRS. RALEIGH ENGLE
20 N WASHINGTON ST
WINCHESTER, VA. 22601.4110
75 - A- - 2-E
STATE FARM MUTUAL AUTOMOBILE INS
CIO CORPORATE TAX DEPT RE 824
1 STATE FARM PLZ
BLOOMINGTON, IL 61710.0001
STATE OF VIRGINIA
COUNTY OF FREDERICK
PAINTER-LEWIS, P.L.C.
302 S. Braddock Street, Suite 200
Winchester, VA 22601
Abbe . Kennedy, Senior Planner
Frederick County Planning Dept.
a Notary Public in and for the State and County
aforesaid, d hereby certify thy Abbe S. Kennedy, Senior Planner fo the Department of Planning
and Development, whose name is signed to the foregoing, dated -t� (q '_� nU8 has
personally appeared before me and acknowledged the same in my State and Coaforesaid.
Given under my hand this. ��ry Of
My commission expires on
3/ '�o
NO ARY PU LIC
e
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
December 31, 2003
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S)
RE: REZONING APPLICATION #12-03 FOR CRAFTSMAN AUTO BODY
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, January 14, 2004, at 7:15 p.m. in the Board Room of the Frederick County
Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following
application:
Rezoning #12-03 of Craftsman Auto Body, submitted by Painter -Lewis, P.L.C., to rezone 2.38 acres
from B2 (Business, General) District to B3 (Industrial Transition) District. This property is located at
the intersection of Valley Pike (Route 11) and Prosperity Drive, and is identified with Property
Identification Number 75-A-2E in the Back Creek Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library and the Bowman Library the week
of the hearing, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely,
Jeremy F. Camp
Planner II
JFC/bad
107 North Dent Street a Winchester, Virginia 22601-5000
y
This is to certify that the attached correspondence was mailed to the following on
/ from the Department of Planning and Development, Frederick
County, Virginia:
75 - A- - 2-G
VALLEY FARM CREDIT, FLCA
PO BOX 2700
WINCHESTER, VA 22604.1900
75 -A- - 11-C
MILLER, GEORGE & JOHN
CIO MILLER AUTO SALES
3905 VALLEY PIKE
WINCHESTER, VA 22602.2465
75 - A- - 3-
SADEGHZADEH, MOHSEN
501 JEFFERSON ST
WINCHESTER, VA. 22601.3222
75 - A- - 21
REPTIDE, LLC
4951 NEW CENTRE DR
WILMINGTON, NC 28403.1662
75 -A- - 10-
ENGLE PROPERTIES, INC.
CIO MRS. RALEIGH ENGLE
20 N WASHINGTON ST
WINCHESTER, VA. 22601.4110
75 - A- - 2-E
STATE FARM MUTUAL AUTOMOBILE INS
CIO CORPORATE TAX DEPT RE 824
1 STATE FARM PLZ
BLOOMINGTON, IL 61710.0001
STATE OF VIRGINIA
COUNTY OF FREDERICK
PAINTER-LEWIS, P.L.C.
302 S. Braddock Street, Suite 200
Winchester, VA 22601
Jeremy F. Camp, lanner II
Frederick Co. Planning Dept.
, a Notary Public in and for the State and County
I
Planner II for the De art ent of Planning and
aforesaid, d ereby certify that J emy F. Camp, ,has
Development, whose name is signed to the foregoing, dated `� o aforesaid.
personally appeared before me and acknowledged the same in my State an County
---� day of IZ��t��'�— a��
Given under my hand this �� �� Y
My commission expires on
d-6�
NOTARY P (, LIC
i
a
PAINTER-LEWIS, P.L.C.
CONSULTING ENGINEERS
302 South Braddock Street, Suite 200
Winchester, VA 22601
4 NOVEMBER 2003
Mr. Jeremy Camp
County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
tel.:
(540)662-5792
fax.:
(540)662-5793
email:
paintlew@earthlink.net
Re: CRAFTSMAN MANAGEMENT TEAM PROPERTY REZONING
KERNSTOWN BUSINESS PARK, FREDERICK COUNTY, VIRGINIA
Dear Jeremy:
Along with this letter you will find one copy of the Impact Analysis Statement and Proffer
Statement. These documents have been revised to eliminate the term "inoperable vehicles".
If you havejany questions, please call me.
John✓C. Lewis, P.E., C.L.A.
Cc: M. McCarroll
File: 0304011
Iq
PAINTER-L FWIS_ P.L.C.
A%7r�M� �
0
C-
Valley Farm Credit
October 30, 2003
•
P.O. Box 2700, Winchester, VA 22604
Administrative Office 125 Prosperity Drive, Winchester, VA 22602
Eric Lawrence, Director
Frederick County Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Dear Mr. Lawrence:
phone 540-662-3473 / toll -free 800-999-5341
fax 540-869-6663 / www.valleyfc.com
It is my understanding that an application for rezoning Parcel 75-A-2E of Back Creek
Magisterial District has been filed with your office by Craftsman Management Team for
an auto body repair shop. At a recent meeting of the Board of Directors of Valley Farm
Credit, I was instructed to oppose the request for rezoning the parcel from its current B-2
zoning to B-3.
Valley Farm Credit purchased three acres in the Kernstown Business Park and
constructed an office structure in excess of $2 million. Our Board of Directors
authorized the acquisition of this site, as the immediate properties were zoned and master
planned for compatible land uses. The possibility of a rezoning, which would permit
heavy commercial land use is not appealing to our board. The Frederick County
Comprehensive Plan identifies the need to develop attractive business corridors along the
primary arterial corridors in our community. Therefore, it is our belief that maintaining
zoning for general office uses along Valley Pike while providing for heavy commercial
zoning near, but not directly on, this corridor will accomplish this goal.
If this application will be scheduled for a hearing before the Planning Commission in the
near future, I would appreciate being notified of the time and date. Our legal counsel or I
would like to appear before the Commission to express our desire for this request to be
denied.
Sincerely,
Robert N. Carpenter
President/CEO
Cc: Margaret B. Douglas, Back Creek District Supervisor
Greg L. Unger, Back Creek District Planning Commissioner
Cordell Watt, Back Creek District Planning Commissioner
Rural America's Customer -Owned Partner
46
PAINTER-LEWIS, P.L.C.
CONSULTING ENGINEERS
302 South Braddock Street, Suite 200
Winchester, VA 22601
17 OCTOBER 2003
Mr. Jeremy Camp
Frederick County Planning Dept.
107 N. Kent St.
Winchester, VA 22601
Re: Craftsman Autobody
Frederick County, Virginia
Dear Mr. Camp:
tel.:
(540)662-5792
fax.:
(540)662-5793
email:
paintlew@earthlink.net
Enclosed, please find for your review and use, a copy of the Architectural Rending Concept,
exhibit 9 from the Proffer Statement of the Impact Analysis Statement for the Proposed Rezoning
for Parcel ID 75-A-2E, located in the Back Creek Magisterial District of Frederick County,
Virginia.
Please contact this office if you would have any questions or need additional information.
Sincerely,
Monica Butts
Enclosure
0304011.R PAINTER-LEWIS, P.L.C.
Rezoning Comments
Frederick -Winchester Service Authority
Mail to:
Fred-Winc Service Authority
Attn: Jesse W. Moffett, Executive Director
P.O. Box 43
Winchester, Virginia 22604
(540) 722-3579
Hand deliver to:
Fred-Winc Service Authority
Attn: Jesse W. Moffett
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Fred-Winc Service Authority with their review. Attach a copy of your application form, locatio
map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name:
Mailing Address:
Location of property:
Current zoning:
Zoning regµested:
Telephone:
Acreage:
Fred-Winc Service Authority's mme��si%
e ? eA
IV I
Fred-Winc Service Authority's
Signature & Date:
Notice to Fred-Winc Service Authority - Please Return Form to Applicant
33
0
COUNTY of FREDE RICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
August 29, 2003
Mr. John Lewis, P.E.
Painter -Lewis, P.L.C.
302 South Braddock Street, Suite 200
Winchester, VA 22601
RE: Craftsman Auto Body Rezoning Proposal
Dear John:
This correspondence is regarding the Craftsman Auto Body Rezoning proposal, received by the
Frederick County Planning and Development Department July 25, 2003.
Staff has identified that the submitted application is not complete. Should the applicant wish to
pursue the subject rezoning request, please note that the signature of the owner is required on the
application. If there are proffered conditions, please assure that the proffer statement is also signed
by the owner and notarized.
Upon receipt of a complete application package, the Plamling Department will proceed with
advertising and scheduling for the next available Planning Commission meeting.
Sincerely,
Abbe S. Kennedy
Senior Planner
ASI<Jbad
cc: Mr. Mike McCarrol
Mr. Gary Koerner
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107 North Kent Street • Winchester, Virginia 22601-5000
August 28, 2003
Mr. John Lewis, P.E.
Painter -Lewis, P.L.C.
302 South Braddock Street - Suite 200
Winchester, VA 22601
RE: Craftsman Auto Body Rezoning Proposal
Dear John:
This correspondence is regarding the Craftsman Auto Body Rezoning proposal, received by the
Frederick County Planning and Development Department July 25, 2003.
Staff has identified that the submitted application is not complete. Should the applicant wish to
pursue the subject rezoning request, please note that the signature of the owner$ 4 required on the
application. If there are proffered conditions, please assure that signed bythe ow
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and notarized.
he Planning Dep rtment will proceed with advertising and scheduling for the next available
Planning Commission meeting,, once a completed applicatim package is submitted to the
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Sincerely,
Abbe S. Kennedy •
Senior Planner
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Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
August 11, 2003
Mr. John Lewis, P.E.
Painter -Lewis, P.L.C.
302 South Braddock Street - Suite 200
Winchester, VA 22601
RE: Preliminary Comments - Craftsman Auto Body Rezoning Proposal
Dear John:
This correspondence includes preliminary review comments concerning the Craftsman Auto Body
Rezoning Proposal, received by the Frederick County Planning and Development Department July
25, 2003.
It is noted that this property is within the Frederick County Urban Development Area (UDA) and
Sewer and Water Service Area (SWSA), and that this 2.38-acre site is identified by PIN #75-A-2E,
Lot 1 of the Kernstown Business Park, located in the Back Creek District. The site is currently zoned
B2. Through this proposal, the applicant is seeking the B3 ( Industrial Transition) District Zoning.
Staff has identified the following issues for your consideration as the application is finalized for
submission:
A. Application Form and Relevant Review Agencies
Please ensure that a completed application form is attached and all pursuant fees are included
for the final submission of this rezoning application. The application fee for a rezoning
petition consists of a base fee of $1,000.00 plus $50.00 per acre. In addition, a refundable
deposit of $50.00 must be submitted for the public hearing sign required to be posted on site.
The Frederick County Planning and Development Department received the total fee of
$1,169.00, on July 25, 2003 for this application; however, the application was not complete.
All required fees are on hold with the Planning and Development Department at this time.
2. Please note on page 12 of the application, to list all owners or parties in interest of the land
to be rezoned.
107 North Kent Street • Winchester, Virginia 22601-5000
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Page 2
Mr. John Lewis, P.E., Painter -Lewis, P.L.C.
Re: Craftsman Auto Body Rezoning Proposal
August 11, 2003
Please ensure that signatures of the owners are on the application, and that the proffered
conditions are also signed by the owners and notarized.
4. Please submit review comments from the following departments and agencies with this
application: Virginia Department of Transportation; Frederick County Sanitation Authority;
Winchester - Frederick Service Authority; Department of Public Works; Frederick County
Building Official; Fire and Rescue Services; First Responder - Stephens City; County
Attorney; and the Historic Resources Advisory Board.
5. Please submit final application package to the Department of Planning and Development
for the next available Planning Commission meeting. The Planning Department will
advertise for the public hearing, and notify adjoining property owners.
B. Impact Analysis Statement
The proposed use would be included in the Standard Industrial Classification (SIC) Major
Group 75. Automotive repair, services, and parking is allowed in Frederick County in the
B3 Zoning District.
2. The property is within the South Frederick Land Use Plan of the Frederick County
Comprehensive Policy Plan showing commercial land use as appropriate in this area.
C. Generalized Development Plan
Staff would note that the illustrative Generalized Development Plan, showing site features
such as signage, trees, berms, or supplemental plantings, which helps to convey the visual
quality of the proposal, is an effective enhancement to the rezoning package.
tProposed Proffer Statement
All proffer statements must be submitted to the County Attorney for review and approval.
No application package with proffers will be considered complete until the proffers have
been reviewed by the Commonwealth's Attorney. Staff would note that the proffers must
be signed by the owner and notarized.
Page 3
Mr. John Lewis, P.E., Painter -Lewis, P.L.C.
Re: Craftsman Auto Body Rezoning Proposal
August 11, 2003
2. The owner may consider prohibiting all other uses in the B3 Zoning District that are not
allowed in the B2 Zoning District, other than SICK 7532 which would accommodate the
business proposed. This may convey that the owner is making every effort not to be
offensive to adjoining neighbors in the Kernstown Industrial Park.
3. Consider stating the dimensions and material of the monument style sign, and consider
keeping it in general conformance with the scale and proportion of the signage on the Valley
Farm Credit property.
3. Consider defining the buffer surrounding the vehicle storage areal This area might include
opaque landscaping in addition to the required opaque fencing required in Sec. 165-43 of
the Frederick County Zoning Ordinance for motor vehicle service uses and public garages.
A description of the type of fencing to be used as well as the plant materials would be
appropriate.
Please feel free to contact me should you have any questions or concerns regarding this
correspondence.
Sincerely,
Abbe S. Kennedy
Senior Planner
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UAAbbe\REZ Review LettersTraftsman Auto Body_REZ.wpd
IMPACT ANALYSIS STAWENT
PARCEL ID 75-A-2E
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iEXHIBIT 6 - PROPERTY DEED
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page 12
IMPACT ANALYSIS STAOVIENT
PARCEL ID 75-A-2E
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EXHIBIT 7 - CURRENT TAX STATEMENT
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page 13
IMPACT ANALYSIS STP#MENT
PARCEL ID 75-A-2E
0 EXHIBIT 8 - PROFFER STATEMENT
page 14
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I December 2003
County of Frederick
Department of Planning and Development
107 N. Kent St. 41h Floor
Winchester, Virginia 22601
Re: Rezoning Number 12-03 of Craftsman Autobody
To Whom It May Concern:
I would like to take this opportunity to firmly oppose the planned rezoning of the land
situated at the corner of Valley Pike and Prosperity Drive, identified as 75-A-2E in the
Back Creek Magisterial District. The building of a body shop at that location would be
environmentally and economically detrimental to all nearby landowners. The noise and
fumes of a body shop are not well suited to the neighboring businesses and limit the
possibilities of all similar B-2 land development in the area. Rezoning would be unfair to
the neighboring landowners who have either developed or planned to develop under the
assumption that their businesses would not be directly juxtaposed to an industrial
business. I thank you for your consideration and for your denial of this rezoning request.
Sincerely,
Mohsen Sadeghzadeh
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