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Home My WebLink About001-04 Shepard Properties - 1.17 acres RA to B2 - Shawnee - Backfile' � � � U C03685 � gate tl Received From Address a Doll For gas O t7 YACCOUNT • V AMT OF HOW• CASH ACCOUNT AMT PAID J/ mod, , 1 CHECK o V III BALANCE DUE MONEY ORDER o CREDIT CARD ❑ By - REZONING TRACKING SHEET Check List: Application Form Y Proffer Statement. ' Irnpact Ahalytis L- Adjoiner List, - DATE /12-6o Application received/file opened n Reference manual updated/number assigned d D-base updated _ O Copy of adjoiner list given to staff member for verification / - 7 0Four sets of adjoiner labels ordered from data processing ?/c2'26 0 One 81/z" x I I" black and white location map ordered from Mapping /o Z'YoO`� "�— ile given to office manager to update Application Action Summary PC public hearing date ACTION: 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.) Action letter mailed to applicant Reference manual and D-base updated 2 - j0Yd�QA____ File given to office manager to update Application Action Summary (final action) File given to Mapping/GIS to update zoning map "CC� ), Zoning map amended �66 U ACnrol\Com monmrncki ng.rez Revised 05/09/02 6. 0 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 April 19, 2004 Mr. Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #01-04, SHEPARD PROPERTIES Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 14, 2004. The above -referenced application was approved to rezone 1.17 acres from RA (Rural Areas) to B2 (Business General). The subject property is located on the west side of Front Royal Pike (Route 522 South), approximately 1,500 feet south from the Airport Road (Route 645) intersection, and is identified with Property Identification Numbers 64-A-14 and 64-A-15, in the Shawnee Magisterial District. The proffers that were approved as a part of this rezoning application are unique to these properties and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, 7C,hri5to�per M. Mohn, AICP Deputy Planning Director CMM/bad cc: -Michael and Cheryl Shepard A. Harrington Smith, Shawnee District Supervisor ,/Yerry Copp, VDOT Resident Engineer Jane Anderson, Real Estate --Alex Gray, Planning & Development em: /William C. Rosenberry and Robert A. Morris, Shawnee Planning Commissioners 107 North Dent Street • Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA To be completed by Planning Staff Fee Amount Paid Zoning Amendment Number ��—U C Date Receive 1 a& o y PC Hearing Date BOS Hearing Date h 60 ZO V 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: Greenway Engineering Telephone: (540) 662-4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Michael & Cheryl Shepard Telephone: (540) 662-6854 Address: 179 George Drive Winchester, VA 22602 3. Contact person if other than above Name: Evan Wyat Telephone: (540) 662-4185 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid X Agency Comments X Fees X Impact Analysis Statement X Proffer Statement 0 0. 5. The Code of Virl4inia 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: Michael Shepard Cheryl Shepard 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: Unimproved Office/Commercial PARCEL ID NUMBER USE ZONING 64-((A))-12 Minnie Nesselrodt, Et Als Agricultural RA District 64-((A))-18 Manfred G. Kokorsky Unimproved RA District 64C-((A))-12 Commonwealth of Virginia Right-of-way RA District 64C-((A))-13 & 13A Residential & Unimproved RP District 64C-((A))-16 Residential RP District & C/ -4 -N q- /' _ Kvfi y r—N Gl I V l /d G S. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 1.17-acre site is located on the west side of Front Royal Pike, approximatley 1,500 feet from Airport Road (Route 645). Access to the subject site will occur off of Front Royal Pike. Ll Information to be Submitted for Capital Facilities Imvact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 8. Parcel Identification/Location: Parcel Identification Number 64-((A))-14 64-((A)-1155 Magisterial: Fire Service: Rescue Service: 10. 11. Shawnee Millwood Millwood Districts High School: Middle School: Elementary School Millbrook James Wood Armel Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 1.17 RA District B2 District 1.17 Total Acreage to be rezoned The following information should be provided according to the type of rezoning proposed: Single Family homes Non -Residential Lots Number of Units Proposed Townhome: Mobile Home: Square Footage of Proposed Uses Office: Service Station: Retail: Manufacturing: Restaurant: Warehouse: Other Multi -Family Hotel Rooms: 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the bet of my (our) knowledge. Applicant(s):];�VDate: l Owner (s): r_%C/ Date: l ZZ 1NO Date: 2 Z D �� Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) (Chr�el S . (�e,�rzt?;L +- �� ►e�w l �l .S{�' c:( (Phone) 540 - (o62- (Address) (-7'1 C-�Cbr(2C -Drye . W 1 nChP5�er- Va, Z (_oG Z. the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by C�3otno5oo (Lo+ t4-) Instrument No. 03 cxYy -)en( (t.vf & Page , and is described as Parcel: q Lot: I �- 1, _� Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) I eej 1e _Lt�! i�C(iyt�c'�l ock (Phone) 5/-W -- 6G 2---Zi-18C (Address) (131 W i Od I -It (l Lovlc. W i rrjoeS-kr VoZZG,OZ To act as my true and lawfut attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: Rezoning (Including proffers) ❑ Conditional Use Permits ❑ Master Development Plan (Preliminary and Final) ❑ Subdivision ❑ Site Plan My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or In witness thereof, I (we Signalure(s) ouilieu. 0C:1 hand and seal this 23 day of Januculf , 200 g ; State of Virginia, City Count f FY-PA-,Y-i(;(c- I, DDnV1(,, LAP,60 , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me an �as acknowl`ed�ged the same before me in the jurisdiction aforesaid this?_3v`day of ktrwuZ , 200 ,LG2, rn My Commission Expires: �lru 42 2 61 ZGOL{-. Notary Public T ulas 06110w11551oVjed (1 t4o-(u�t Y .rs 7on� 0 REZONING APPLICATION #01-04 SHEPARD PROPERTIES Staff Report for the Board of Supervisors Public Hearing Prepared: April 5, 2004 Staff Contact: Christopher M. Mohn, AICP, Deputy Planning Director 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 method(s) 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: 03/03/04 Recommended Approval Board of Supervisors: 04/14/04 Pending PROPOSAL: To rezone two parcels totaling 1.17 acres from RA (Rural Areas) District to B2 (Business General) District. LOCATION: The properties are located west and adjacent to Front Royal Pike (Route 522 South), approximately 1,500 feet south from the intersection with Airport Road (Route 645). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER(S): 64-A-14 and 64-A-15 PROPERTY ZONING & PRESENT USE: RA (Rural Areas) District, Unimproved ADJOINING PROPERTY ZONING & PRESENT USE: NORTH: RA (Rural Areas) District, Agricultural SOUTH: RA (Rural Areas) District, Unimproved EAST: RP (Residential Performance) District, Residential WEST: RA (Rural Areas) District, Unimproved PROPOSED USE: General commercial and/or office land uses. REZ #01-04, Shepard Properties Page 2 April 5, 2004 REVIEW EVALUATIONS: Virginia Department of Transportation (VDOT): The documentation within the application to rezone this property appears to have little measurable impact on Route 522. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers offered in the rezoning application dated December 8, 2003 address 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 perrnit is issued by this office and requires an inspection fee and surety bond coverage. County Attorney: Proffers appear to be in proper form. Fire Marshal: Parcel size in relation to the allowable uses do not present significant changes to emergency response. Plan approval recommended. First Responder - Millwood Fire & Rescue Company: Proper hydrant coverage. Frederick County Sanitation Authority (FCSA): No comment. Frederick -Winchester Service Authority (FWSA): No comments. County Engineer/Public Works: The impact analysis should address stornwater management under "site drainage". It should be noted that onsite stormwater management will be difficult, if not impossible, if the two parcels are developed at different times. Planning Staff Comment: The applicants have addressed the County Engineer comment by providing additional stormwater management information in the Impact Analysis Statement. Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the proposal does not impact historic resources. The Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any battlefields or significant historic structures either on or adjacent to the subject properties. Winchester Regional Airport: The proposed rezoning request for the Shepard properties is in conformance with the Frederick County Comprehensive Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not have an impact on operations at the Winchester Regional Airport. REZ #01-04, Shepard Properties Page 3 April 5, 2004 Planning & Zonine: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subj ect parcels as being zoned R-1 (Residential Limited). The parcels were re -mapped from R-1 to A-2 (Agricultural General) pursuant to the County's comprehensive downzoning initiative (Zoning Amendment Petition 9011-80), which was adopted on October 8, 1980. The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. 2) Site Suitability The subject properties do not contain any environmental features or constraints that would either hinder or preclude site development. In particular, the site does not include any areas of steep slopes, flood plain, or wetlands/hydrologic soils. The General Soil Map of the Soil Survey of Frederick County, Virginia indicates that the soils comprising the subject parcels fall under the Weikert-Berks-Blairton soil association, which is the predominant association on land located east of Interstate 81. It is noted that the Weikert- Berks-Blairton soil association presents some limitations to site development due to a seasonal high water table, depth to bedrock, and slope. The management of such characteristics must be demonstrated through the site engineering process associated with subsequent development applications for the proposed project. It is noted that the majority of the site is wooded. As reported in the Impact Analysis Statement, the wooded areas consist principally of mature pine trees with an understory of deciduous vegetation. 3) Comprehensive Policy lan The subject properties are located wholly within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The properties are included within the boundaries of the South Frederick Land Use Plan (SFLUP), and are more specifically located within the SFLUP Central Area. The subject parcels are contained within an area planned for mixed use development. (Comprehensive Policy Plan, p. 6-42.9) The SFLUP promotes mixed use areas as an alternative to the single use development pattern that has typified land use within the UDA. Indeed, the mixed use areas are envisioned to consist of residential and commercial components that are integrated through a multi -modal transportation system. To ensure the desired mix of uses, the SFLUP stipulates that the REZ #01-04, Shepard Properties Page 4 April 5, 2004 residential component of a mixed use area comprise no more than 75% of the total land area. (Comprehensive Policy Plan, p. 6-42.4, 6-42.5) PlanningStatf Comment: Although not a mixed use proposal in itself, it is reasonable to recognize the applicants' request as consistent with the SFLUP, as the commercial use of the subject parcels will contribute to the mixed use development pattern envisioned by policy. The applicants have endeavored to enable future integration of the site with the larger mixed use area by proffering pedestrian access easements that will allow linkages to adjoining parcels. It is noted that careful evaluation of future development proposals for the mixed use area will be necessary to ensure that any existing commercial uses on the corridor are effectively incorporated into an overarching design scheme. 4) Potential Impacts a) Transportation As noted in the Impact Analysis Statement, the guidelines concerning maximum use intensities included with the County's rezoning application identify 21,361 square feet of retail use(s) as the most intensive land use possible on one acre of B2 zoned land. Given this assumption, the most intensive development outcome possible on the subject parcels would be 24,992 square feet of retail use(s). To project the traffic impacts associated with such a land use scenario, the applicants employed trip generation data for shopping center facilities published in The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6' Edition. The trip generation figures provided for shopping centers are 42.92 average vehicle trips (VPD) per 1,000 square feet of floor area on weekdays and 49.97 VPD per 1,000 square feet of floor area on Saturdays. The projected traffic generated by the applicant's proposal would therefore range between 1,072 VPD (weekdays) and 1,248 VPD (Saturdays). VDOT research indicates that the daily volume on Front Royal Pike between Papermill Road (Route 644) and Millwood Pike (Route 50/17) is 14,000 VPD. The projected traffic generated by this rezoning application would thus increase average daily traffic vohunes on the referenced segment of Front Royal Pike by 7.66% and 8.91% on weekdays and Saturdays, respectively. The segment of Front Royal Pike serving the subject parcels is comprised of four (4) travel lanes (dual north - south) and a center turn lane. The applicants have proffered that access to the properties will occur through a shared entrance on Front Royal Pike. The applicants have further proffered to install a right turn taper lane on Front Royal Pike to facilitate site access. VDOT Comment: The application to rezone these properties appears to have little measurable impact on Front Royal Pike (Route 522 South), which is the state route providing access to the site. VDOT is satisfied that the transportation proffers offered with this rezoning application, dated December 8, 2003, address transportation concerns associated with this request. REZ #01-04, Shepard Properties Page 5 April 5, 2004 Planning Staff Comment: The addition of trips to public roads is acknowledged as a discernable impact of all new development. However, as per VDOT's comment above, Front Royal Pike should be able to adequately accommodate the trip generation projections associated with this application. Staff concurs with VDOT that the improvements proffered by the applicant are sufficient to address the transportation impacts of the proposed rezoning. b) Historic Resources The Frederick County Rural Landmarks Survey does not identify any potentially significant historic resources on the site of the proposed rezoning. Moreover, according to the National Park Service's Study of Civil War Sites in the Shenandoah Valle oVirginia, the subject site is not included in any battlefield study area and does not contain any core battlefield resources. c) Water & Sewer The Frederick County Sanitation Authority (FCSA) is authorized to serve the subject site with public water and sewer due to its location within the UDA and SWSA. The FCSA is the agency responsible for the operation and maintenance of the public water and sewer system to include the Diehl Water Plant and Parkins Mill Wastewater Treatment Facility, which are the primary treatment facilities that will serve the commercial use(s) of the properties. It is noted that the FCSA chose to offer no comment concerning the impacts of the proposed rezoning on the public water and sewer system. At maximum possible build -out, the applicant projects that the proposed commercial area will consume approximately 4,998 gallons per day (GPD) of water and generate an average daily sewage flow of 4,998 GPD. The applicant has indicated that water service for the project will originate from the Diehl Water Plant via the 20 inch primary distribution main that runs adjacent to the site. The applicant notes that sewage originating from the site will be conveyed to the Parkins Mill Wastewater Treatment Facility for treatment. Sewage conveyance is expected to occur via an existing 8 inch sewer line located on the east side of Front Royal Pike that will be extended to the site. As an alternative, the applicant notes that an existing 8 inch sewer line located on the west side of Front Royal Pike may be used for conveyance should fixture development result in its extension from its current terminus north of the site. The applicant indicates that the Parkins Mill Wastewater Treatment Facility possesses adequate capacity to accommodate the sewage flow projected with this proposal. Specifically, it is stated that this facility has a hydraulic capacity of 2.0 MGD and is currently experiencing average sewage flows of 1.0 to 1.2 MGD. REZ #01-04, Shepard Properties Page 6 April 5, 2004 5) Proffer Statement - Dated December 8, 2003 A) Site Access The applicants have proffered to provide a shared entrance for access to the two parcels fiom Front Royal Pike. The applicants have further proffered to install a right turn/taper lane on the south bound side of Front Royal Pike to facilitate site access. 2. The applicants have proffered to establish ten -foot wide pedestrian access easements to enable linkages with the properties located immediately south and north of the site. The establishment of the easements is proffered to occur during the site plan phase of the development process. Planning Sta ff Comment: It is noted that the applicants have not committed to the installation of pedestrian facilities within the referenced easements. The responsibility for future construction of such facilities is therefore uncertain. Staff acknowledges the difficulty in determining the appropriate location for inter -parcel pedestrian connections in advance of development proposals for the adjoining parcels. However, without the cormnitment of the applicants to construction of such facilities, it is possible that the connections necessary to integrate the site with the remainder of the planned mixed use area will not materialize. It is noted that Front Royal Pike (Route 522 South) is identified for short-term development of bicycle facilities in the Comprehensive Policy Plan. Indeed, the County has adopted the Bicycle Plan for the City of Winchester and Frederick County as a guide for the development of non - motorized facilities. Such non -motorized systems are considered integral to the creation of a complete networked transportation system for Frederick County and the City of Winchester. (Comprehensive Policy Plan, p. 7-3, 7-14, 7-17) B) Corridor Appearance 1. The applicants have proffered to install enhanced landscaping along the frontage of the site consistent with a conceptual landscape plan that is included with the proposed Proffer Statement. The proffered landscaped area will include an earth berin and a variety of plant types to ensure seasonal color along this portion of the Front Royal Pike corridor. 2. The applicants have proffered that no more than two (2) freestanding business signs will be installed on the site, with no more than one (1) such sign on each of the constituent parcels. Moreover, the applicants have proffered to limit the height of freestanding business signs to a maximum of twenty (20) feet. Planning Staff Comment: The Zoning Ordinance does not limit the number of freestanding business signs pennitted on a commercial site, although such signs must be separated by a distance of at least 50 feet. Given the relatively small size of the subject site, it may be appropriate to consider combining the freestanding signage REZ #01-04, Shepard Properties Page 7 April 5, 2004 possible for each constituent parcel into a single monument style freestanding sign serving the site as a whole. It is noted that the Zoning Ordinance permits freestanding signs on commercial property to reach a maximum height of 35 feet. The height limitation proffered by the applicants therefore represents a 15-foot reduction in permitted sign height on the subject site. C) Land Use Restrictions The applicants have proffered to prohibit the following land uses that would otherwise be permitted on B2 zoned land: SIC 483 Radio and Television Broadcasting Stations SIC 49 Electric, Gas and Sanitary Facilities, Excluding Offices SIC 551 Motor Vehicle Dealers (New and Used) SIC 552 Motor Vehicle Dealers (Used Only) SIC 555 Boat Dealers SIC 556 Recreational Vehicle Dealers SIC 557 Motorcycle Dealers SIC 559 Automotive Dealers, Not Elsewhere Classified SIC 701 Hotels and Motels SIC 704 Organization Hotels and Lodging SIC 7542 Car Washes SIC 7832 Motion Picture Theaters ----------- Adult Retail Uses D. Monetary Contribution for Fire and Rescue Services The applicants have proffered to contribute the sum of $200 to the County of Frederick for fire and rescue services. The applicants have proffered to provide this contribution at the time of building permit issuance for the first structure developed on the 1.17 acre site. PLANNING COMMISSION SUMMARY & ACTION OF THE 03/03/04 MEETING: There was discussion between the Commission, the staff, and the applicant regarding how stormwater management would be accomplished for the two parcels. The applicant's representative explained their intentions to construct a single stormwater facility, with the capacity to accommodate the entire 1.17- acre site. It was further noted that this facility would be designed and installed with the site plan for the first development proposal for the site, should the two parcels develop independently of each other. The applicant's representative addressed staff s comments regarding a lack of commitment to construct pedestrian/ bicycle facilities. Because a final decision had not been made on the chosen route for future facilities, the applicant believed the best course of action was to simply provide the ability for comzectivity through their property at this time. REZ 901-04, Shepard Properties Page 8 April 5, 2004 A concern was also raised about the available capacity of the Diehl water plant and the possibility of overloading problems at both the Parkins Mill and the regional plant. Overall, members of the Commission believed the plans submitted were well thought out and were comfortable with the proffers proposed by the applicant. There were no public comments. By a majority vote, the Planning Commission recommended approval of the rezoning, with the proffers as submitted by the applicant. The majority vote was as follows: YES (TO APPROVE): Triplett, Kriz, Outs, Light, Unger, Watt, Straub, DeHaven NO: Gochenour (Commissioners Thomas, Morris, Rosenberry, and Fisher were absent from the meeting.) STAFF CONCLUSIONS FOR THE 04/14/04 BOARD OF SUPERVISORS MEETING: The proposed rezoning is a request to rezone two parcels comprising 1.17 acres from the RA (Rural Areas) District to the B2 (Business General) District to accommodate general commercial and/or office land uses. Although planning staff has offered comment concerning pedestrian and bicycle facilities as well as signage, no significant issues have been identified concerning the requested rezoning. Moreover, no issues of significance were raised by any other review agency. The subject properties are located within the Urban Development Area (UDA) and Sewer and Water Service Area (SWSA), and the request generally conforms with the applicable policies of the South Frederick Land Use Plan (SFLUP). • 0 AMENDMENT Action: PLANNING COMMISSION: March 3, 2004 BOARD OF SUPERVISORS: April 14, 2004 Recommended Approval 0 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP 401-0y REZONING404 OF SHEPARD PROPERTIES -ja WHEREAS, Rezoning �0�2-04 of Shepard Properties, submitted by Greenway Engineering, to rezone two parcels totaling 1.17 acres from RA (Rural Areas) and B2 (Business General). The subject properties are located west and adjacent to Front Royal Pike (Route 522 South), approximately 1,500 feet south from the intersection with Airport Road (Route 645), and are identified with Property Identification Numbers 64-A-14 and 64-A-15 in the Shawnee Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on March 3, 2004; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on April 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 1.17 acres from RA (Rural Areas) to B2 (Business General), as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PD Res #02-04 # • This ordinance shall be in effect on the date of adoption, Passed this 14th day of April, 2004 by the following recorded vote: Richard C. Shickle, Chainnan Gina A. Forrester W. Harrington Smith, Jr. Lynda J. Tyler PD Res. #02-04 Aye Barbara E. VanOsten A 1 Gary Dove Aye Bill M. Ewing Aye Aye -®y Aye A COPY ATTEST W J, -� John . Riley, Jr. Frederick County Administrator Greenway Engineering December 8, 2003 • Shepard Rezoning SHEPARD REZONING Tax Parcels 64-((A))-14 & 64-((A))-15 Shawnee Magisterial District Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 1.17 acres from the RA, Rural Areas District to establish 1.17 acres of B2, Business General District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon this applicant and their legal successors, heirs, or assigns. The subject property, more particularly described as the lands owned by Michael Shepard and Cheryl Shepard being all of Tax Map Parcels 64-((A))-14 and 64-((A))-15, and further described by Deed Instruments 030000500 and 030000501 recorded in the Frederick County Clerk of the Court Office on January 10, 2003. The applicant hereby proffers the following: A.) Site Access The applicants hereby proffer to utilize a shared entrance to provide access to tax map parcels 64-((A))-14 and 64-((A))-15. An ingress/egress easement will be established with the Site Development Plan for the two parcels to provide for access to each parcel and to provide for the maintenance of the shared entrance. Furthermore, the applicants hereby proffer to provide for a right turn/taper lane on Front Royal Pike (Route 522) to the shared entrance to provide for safe access to the two parcels. 2. The applicants hereby proffer to provide for ten -foot (10) pedestrian access easements that will provide linkages to the parcels inunediately north of tax map parcel 64-((A))-14 and immediately south of tax map parcel 64-((A))-15. The ten -foot (10) pedestrian access easements will be established with the Site Development Plan for the two parcels to provide for potential connectivity to the on -site sidewalk system by others to promote inter -parcel pedestrian systems. File #3577/GAW Greenway Engineering • December 8, 2003 • Shepard Rezoning B.) Corridor Appearance 1. The applicants hereby proffer to enhance the Front Royal Pike (Route 522) corridor through the implementation of a conceptual landscape schematic plan prepared by Greenway Engineering, dated December 2003 and attached as a proffered exhibit. The conceptual landscape schematic provides deciduous flowering trees, shade trees, massing of shrubs and flowers to add interest and seasonal color along this portion of the Front Royal Pike corridor. All plant materials will be maintained by an automated sprinkler system that is installed by the applicant. 2. The applicants hereby proffer to limit the number of freestanding business signs to one for tax map parcel 64-((A))-14 and one for tax map parcel 64-((A))-15. Furthermore, the applicants hereby proffer to limit the height of each freestanding business sign to twenty (20) feet. C.) Land Use Restrictions The applicants hereby proffer to restrict the following B-2 District land uses from tax map parcels 64-((A))-14 and 64-((A))-15: SIC 483 Radio and Television Broadcasting Stations SIC 49 Electric, Gas and Sanitary Sewer Facilities, excluding offices SIC 551 Motor Vehicle Dealers (New and Used) SIC 552 Motor Vehicle Dealers (Used Only) SIC 555 Boat Dealers SIC 556 Recreational Vehicle Dealers SIC 557 Motorcycle Dealers SIC 559 Automotive Dealers, Not Elsewhere Classified SIC 701 Hotels and Motels SIC 704 Organization hotels and lodging SIC 7542 Car Washes SIC 7832 Motion Picture Theaters SIC 7999 Golf Driving Ranges and Miniature Golf Courses -------- Adult Retail Uses File #3577/) AW P Greenway Engineering 0 December 8, 2003 0 Shepard Rezoning D.) Monetary Contribution for Fire and Rescue Services The applicants hereby proffer to provide a cash payment of $200.00 to be directed to Millwood Volunteer Fire and Rescue to mitigate impacts to Fire and Rescue Services. The applicants will provide the cash payment to Treasurer of Frederick County, Virginia at the time of building permit issuance for the first structure developed on either tax map parcel 64-((A))-14 or tax map parcel 64-((A))-15. E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the applicant and owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By:• ��/�� / s Michael Shepard Date By: Cheryl Shepard Date Commonwealth of Virginia, City noun y f To Wit: The foregoing instrument was acknowledged before me this22`�day of JGiHtX a 20i41by _ Notary Public My Commission Expires f eLr— . t Z(j, 2.ck- File #3577/EAW 3 8 a a g DATE: pEC.. 21j, 20oj GALE- I' . 20' (PLAID VIEW) DESIGNED BY: SBW FILE N0. 'j549 SHEET 1 OP I — --- — T4FZN LANF—- ----------------- �iZ01�1T FLU Kpu7r-- 522 - r-ga tr ROYAL YI Kf —z - SHEPARD PROPERTY REZONING rRONT "pscmo�, fI.AN SHAWNEE NAGESTERIAL DLSRICT FREDERICK COUNTY, VA GREENWAY ENGINEERING III Wlnd7 HIII lane Mlnc6eeter, Vlrglnls 22802 rro,aa e. rerr e Tdgb— "o-NY-1m W M-M-M • AsoNAL I'- — L15 ------ -BURN LANE.----`-"�- FLU 8 e ' DATE°ECZ-5•1�* SHEPARD PROPERTY REZONING Lnl r R^, f T __ Y _psunK f wj SHAWNEE MAGESTERIAL DISRIC'C �\ V FREDE:RICK COUNTY, VA DATE REVISION GREENWAY ENGINEERING 151 Windy Hlll Lane nneherter. Virginia 22602 All. I` = 20' IJVIEW) r.awa a rnr DESIGNED BY: SBW E1Le No. 35?? SHELT 1 OF I 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, VA 22603 (540)-53501828 Applicant: Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway En ing Bering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: The 1.17-acre site is located on the west side of Front Royal Pike, approximatley 1,500 feet from Airport Road (Route 645) Current zoning: RA Zoning requested: B2 Acreage: 1.17 acres Virginia Department of Transportation Comments: The documentation within the application to rezone this pro ep ty appears to have. little measurable impart on Rnute 572Rotite i the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied that the transportation proffers est. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and tra -of- way needs, including right-of-way dedications, traffic signalization, and off -site roadway improvements and drainage. Any work pe - an inspection fee and surety bond coverage. VDOT Signature & Date: `� i I - Notice to VDOT — Please Return This Form to the Applicant Rezoning Comment. Frederick County Attorney Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, Virginia, 22601 (540) 665-6383 0 Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Fourth Floor Winchester, Virginia (540) 665-5651 Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway En ing eering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 1.17-acre site is located on the west side of Front Royal Pike, approximatley 1,500 feet from Airport Road (Route 645 Current zoning: RA Zoning requested: B2 Acreage: 1.17 acres County Attorney's Comments: // U 0 C e S �(� � C� (�C�✓ •t Gnu /-i Y r' (� Assistant County Attorney's Signature & Date: �" �.✓�% j? �' �� Notice to County Attorney — lease Return This Form to the Applicant D Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshall Attn: County Planner 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 Marshall with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 1.17-acre site is located on the west side of Front Royal Pike approximatley 1,500 feet from Airport Road (Route 645). Current zoning: RA Zoning requested: B2 Acreage: 1.17 acres Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal — Please Return This Form to the Applicant Control number RZ03-0014 Project Name Shepard Rezoning Address 151 Windy Hill Lane Type Application Rezoning Current Zoning RA Automatic Sprinkler System Yes Other recommendation Emergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Frederick COUnty Fire and Re CLIe Department Office of the Fire Marshal Plan Review and Comments Date received 12/8/2003 City Winchester Tax ID Number 64-A-14 & 15 Date reviewed 12/9/2003 Applicant Greenway Engineering State Zip VA 22602 Fire District 21 Recommendations Automatic Fire Alarm System Yes Requirements Hydrant Location Not Identified Roadway/Aisleway Width Not Identified Date Revised Applicant Phone 540-662-4185 Rescue District 21 Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Additional Comments f ;s,_"sic nific<.ri` changes to er.).;rgency response. Plan Approval Recommended Reviewed By Signature v �. Yes Timothy L. Welsh Title 01/22/2004 12:12 FAX 540 662 0820 MILLWOOD STATION 6 46 Z001 Rezoning Comments Fire and Rescue Company Name of Fire & Rescue Company: Address & Phone Millwood Volunteer Fire & Rescue P.O. Boat 3037 Company Winchester, VA 22604 (540) 667-1535 Applicant: Please .fill out the in (formation as accurately as possible in order to assist the Fire and Rescue Squad with their review. Attach a copy of your application forts, location map-, proffer statement, impact analysis, and, any other pertinent information, Applicant's Name Mailing Address: Location of property: Current zoning: RA Greenway Engineerinc 151 Windy Hill Lane Winchester, VA 22602 Telephone: 540-662-4185 The 1..17-acre site is located on the west side of Front Royal Pike, approximatley 1,500 feet from Airport Road (Route 645). Zoning requested: B2 Acreage: 1.17 acres Fire and Rescue Comnanv's Comments: � r ,r y. la ire & Rescue Com ny's Signature & Date: �= _ / A , o Notice to Fire & ,Re:sgue Company - Please .Retur.n This Form to the Applicant Rezoning Comments 0 • Frederick County Sanitation Authority Mail to: Frederick County Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, Virginia, 22601 (540) 665-1061 Hand deliver to: Frederick County Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Sanitation Authority with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 1.17-acre site is located on the west side of Front Royal Pike, approximatley 1,500 feet from Airport Road (Route 645) Current zoning: RA Zoning requested: B2 Acreage: 1.17 acres Sanitation Authority Comments: Sanatation Authority Signature & Date: �.. - _ ,� ,`'',� Notice to Sanitation Authority — Please Return This Form to the Applicant 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 Frederick -Winchester Service Authority with their review. Attach a copy of your application form, location map, proffer statement, and any other pertinent information. Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 1.17-acre site is located on the west side of Front Royal Pike, approximatley 1,500 feet from Airport Road (Route 645 Current zoning: RA Zoning requested: B2 Acreage: 1.17 acres Fred-Winc Service Authority's Comments: j1C CCiti1Cht,at5 Fred- Winc Service Authority's------1 Signature & Date:_� Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant Rezoning Comments • • Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Attn: Director of Engineering 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5643 Hand deliver to: Works Frederick County Dept. of Public Works Attn: Director of Engineering County Administration Bldg., a Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Greenway En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 1.17-acre site is located on the west side of Front Royal Pike, approximatley 1,500 feet from Airport Road (Route 645 Current zoning: RA Zoning requested: B2 Acreage: 1.17 acres Rezoning Comments 0 Historic Resources Advisory Board Mail to: Frederick County Department of Planning & Development 107 North Kent Street Winchester, Virginia, 22601 (540) 665-5651 Hand deliver to: Frederick County Department of Planning & Development Co. Administration Building, 0' Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the IIistoric Resources Advisory Board with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: GreenwE En ineering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester. VA 22602 Location of property: The 1.17-acre site is located on the west side of Front Royal Pi approximatley 1,500 feet from Airport Road (Route 645 Current zoning: RA Zoning requested: B2 Acreage: 1.17 acres Advisory Board Comments: Signature &Date: 4)'1 %�� - i ,% LZ a%ir 06�0={�IOf� Notice to Advisory Board — Please Return This Form to the Applicant J • January 7, 2004 Mr. Evan A. Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 RE: Request for Historic Resources Advisory Board (HRAB) Comments Shepard Rezoning Dear Evan: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. As you have indicated in your impact statement, the Rural Landmarks Survey and the Comprehensive Policy Plan do not identify any significant historic structures or battlefields located on or adjacent to the property. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Candice E. Mills Planner I CEM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 r . 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 Attn: 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: Greenwa_y En ing eering Telephone: 540-662-4185 Mailing Address: 151 Windy Hill Lane Winchester, VA 22602 Location of property: The 1.17-acre site is located on the west side of Front Royal Pike, approximatley 1,500 feet from Airport Road Route 645) Current zoning: RA Zoning requested: B2 Acreage: 1.17 acres Winchester Regional Airport's Comments: Winchester Regional Airport's Signature & Date: Notice to Winchester Regional Airport — Please Return This Form to the Applicant LJ --,may WINCHESTER REGIONAL AIRPORT SERVING THE 491 AIRPORT ROAD TOP OF VIRGINIA WINCHESTER, VIRGINIA 22602 (540) 662-2422 January 15, 2004 Evan Wyatt Greenway Engineering 151 Windy Hill Lane Winchester, Virginia 22602 Re: Rezoning Comment Shepard Properties Shawnee Magisterial District Dear Mr. Wyatt: -\t The proposed rezoning request for the Shepard properties is in conformance with the Frederick County Comprehensive Policy Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not have an impact on operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, S. R. Manuel Executive Director OUTPUT MODULE APPLICANT: Shepard LAND USE TYPE B2 REAL EST VAL $1,626,689 FIRE & RESCUE = 6 Fire and Rescue Department Elementary Schools Middle Schools High Schools Parks and Recreation Public Library Sheriffs Offices Administration Building Other Miscellaneous Facilities Net Fiscal Impact Costs of Impact Credit: Required (entered in Capital Faciltiies col sum only) $11,886 $0 $0 $0 $0 $0 $0 $0 $0 Credits to be Taken for Future Taxes Paid (NPV) Total Potential Adjustment For Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits _ Revenue- Net Capital Net Cost Per Oper Cap Equip Expend/Debt S. Taxes. Other (Unadjusted) Cost Balance Facilities Impact Dwelling Unit $0 $0 $11,886 #DIV/0! $0 $0 $0 �$0 $0 #DIV/0! $0 $0 $0 $0 #DIV/0! $0 $0 $0 $0 #DIV/0! $973 $0 $0 $973 $973 $0 #DIV/0! $0 $0 $0 $0 #DIV/0! $2,334 $2,577 $4,911 $4,911 $0 #DIV/0! SUBTOTAL $11,886 $3,307 $2,577 $0 $5,884 $5,884 $6,001 #DIV/0! LESS: NET FISCAL IMPACT $1,147,385 $1,147,385 $1,147,385 ($1,147,385) #DIV/0! NET CAP. FACILITIES IMPACT 0 #DIV/0! INDEX: "1.0" If Cap. Equip Included 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg 1.342 METHODOLOGY: 1. Capital facilities requirements 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 taxes/fees for one year only at full value. 3. NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts. 4. NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts. 5. NPV of future taxes paid to bring current county up to standard for new facilities, as calculated for each new facility. 6. Columns three through five are added as potential credits against the calculated capital facilities requirements. These are adjusted for percent of costs covered by the revenues from the project (actual, or as ratio to avg. for all residential development). NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed. NOTES: Model Run Date 11/25/03 CMM Project Description: Assumes 24,992 square feet of retail on 1.17 acres zoned B2 District, which reflects the maximum possible commercial density (21,361 square feet of retail per acre). Due to changing conditions associated with development in the County, the results of this Output Module may not be valid beyond a period of 90 days from the model run date. 0 0 4, IMPACT STATEMENT MICHAEL SHEPARD REZONING Shawnee District Frederick County, Virginia TM 64-((A))-14 & 64-((A))-15 .60 & .57 Acres January 16, 2004 Current Owners: Michael Shepard Cheryl Shepard Contact Person: Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 540-662-4185 0 Greenway Engineering December 8, 2003 Shepard Rezoning Revised January 16, 2004 SHEPARD REZONING INTRODUCTION This report has been prepared for the purpose of assessing the impact on Fredrick County by the proffered rezoning of two parcels owned by Michael and Cheryl Shepard totaling 1.17 acres. The subject parcels are located on the western side of Front Royal Pike (Route 522), approximately 1,500 feet from Airport Road (Route 645). The current zoning is RA, Rural Areas District. The Shepard's propose to rezone the 1.17 acres to B2, Business General District. Please see the attached Shepard Property Location Map. Basic Information Location: Magisterial District: Property ID Numbers: Current Zoning: Current Use: Proposed Use: Proposed Zoning: Total rezoning area: COMPREHENSIVE PLAN West side of Route 522 Shawnee 64-((A))-14 & 64-((A))-15 RA District Unimproved Parcels Office/Commercial B2 District 1.17 acres The proposed site is being developed in conformance with the South Frederick Land Use Plan in the Comprehensive Policy Plan. The South Frederick Land Use Plan recommends a mixture of residential and commercial land use for this area. The Comprehensive Plan states that business/commercial development will occur within the Urban Development Area near interchange areas and along major corridors. Front Royal Pike (Route 522) is designated as a major arterial road and is a developing residential and commercial corridor in this portion of the County. 1. Urban Development Area Expansion of the Urban Development Area (UDA) beyond its existing boundary is not required by this application. 2. Sewer and Water Service Area Expansion of the Sewer and Water Service Area (SWSA) beyond its existing boundary is not required by this application. Greenway Engineering December 8, 2003 Shepard Rezoning Revised January 16, 2004 A. SUITABILITY OF THE SITE Access The subject site, tax parcels 64-((A))-14 and 64-((A))-15, has approximately 200 feet of frontage along Front Royal Pike (Route 522). Front Royal Pike is a five -lane major arterial road containing dual north -south travel lanes and a center turn lane. The subject parcels were improved with curb cut entrances during the Front Royal Pike widening project. The subject properties have very good site distance, exceeding 550 feet in both directions. Flood Plains The subject site is located on the FEMA NFIP map 4510063-0115-B. The site is located as "Zone C", area outside the 100-year flood plain. Wetlands The National Wetlands Inventory Map indicates that there are no wetlands on the subject site. Mature Woodlands The majority of the property is wooded and consists of mature pine trees and an under - story of deciduous vegetation. Steep Slopes There are no steep slopes (over 50%) on this site. Soil Types The following soil types contained in this tract have been obtained from the Soil Survey of Fredrick County, published by the USDA Soil Conservation Service. The subject site is located on map sheet number 42, and contains two soil types: 913-Clearbrook Channery Silt Loam 2-7 %, covers 95% of this site 41 D-Weikert Berks Channery Silt Loam 15-25% covers 5% of this site Neither soil type is identified as prime agricultural soils according to Table 5 — Prime Farmland, located on page 123 of the Soil Survey of Fredrick County. 3 # • Greenway Engineering December 8, 2003 Revised January 16, 2004 B. SURROUNDING PROPERTIES Adjoining property zoning and present use: North: Zoned RA District Use: Agricultural South: Zoned RA District Use: Unimproved East: Zoned RP District Use: Residential West: Zoned RA District Use: Unimproved C. TRANSPORTATIO Shepard Rezoning The Frederick County Rezoning Application identifies the potential for 21,361 square feet of retail land use per acre for B-2 District parcels. Therefore, the potential exits for 24,992 square feet of retail land use on the 1.17-acre parcels. The Institute of Transportation Engineers (ITE) Trip Generation Manual, 6"' Edition, provides traffic generation data for retail land use. Page 1334 of this document identifies Shopping Centers (820) to generate an average of 42.92 VPD per 1,000 square feet during weekdays and 49.97 VPD per 1,000 square feet on Saturdays. Therefore, the traffic generation range for the 1.17-acre rezoning is anticipated to range between 1,072 VPD and 1,248 VPD. The 2002 VDOT Daily Volume Jurisdiction Report 34 identifies Front Royal Pike (Route 522) between Paper Mill Road (Route 644) and Millwood Pike (Route 50/17) with 14,000 VPD. Therefore, the proposed rezoning is projected to increase the current traffic counts on this segment of Front Royal Pike by 7.6% on weekdays and 8.9% on Saturdays. The subject parcels have approximately 200' of road frontage along Front Royal Pike (Route 522 South) with excellent site distance in both directions. Front Royal Pike is a five -lane major arterial road containing dual north -south travel lanes and a center turn lane. The properties have very good site distance with at least 550 feet in both directions. Access improvements proposed for the 1.17-acre site include a shared commercial entrance for the two parcels meeting VDOT design standards and a right turn/taper lane off of Front Royal Pike. The provision of the shared entrance and the right turn/taper lane, coupled with the existing center left turn lane will allow for safe ingress/egress for the project site. Front Royal Pike has adequate capacity to accommodate the projected traffic generation increase of 7.6% on weekdays and 8.9% on Saturdays. M 0 0 Greenway Engineering December 8, 2003 Shepard Rezoning Revised January 16, 2004 D. & E. SEWAGE CONVEYANCE AND WATER SUPPLY The impact of this proposed rezoning of the 1.17-acre site on sewage conveyance and water supply is based on the worst -case development scenario of 24,992 square feet of retail land use. Design figures show an estimated 200 GPD, for both the sewer and water systems, per 1,000 square feet of ultimate floor space (These numbers are in reference to the Land Development Handbook, Dewberry & Davis, 1996, page 461). The figures below represent the impact that the total build out of the 24,992 square feet of retail land use structural area has on the sewage conveyance and water supply systems. Q = 200 GPD per 1,000 Sq. Ft. Q = 200 GPD x 24.99 (1,000 sq. ft.) Q = 4,998 GPD projected at total build out The Frederick County Sanitation Authority is authorized to provide public water and sewer to the 1.17-acre site. The Frederick County Sanitation Authority has a 20" public water line and a fire hydrant located immediately adjacent to the subject site. There is adequate capacity in the water line and there is adequate source capacity at the James Diehl Water Treatment Facility to serve the project site under the worst -case development scenario of 24,992 square feet of retail land use. The Frederick County Sanitation Authority owns and operates the Parkins Mill Wastewater Treatment Facility, which has a hydraulic capacity of 2.0 MGD. The flows for sewage conveyance at this facility average 1.0-1.2 MGD; therefore, the projected increase of 4,998 GPD at total build out for the worst -case development scenario of 24,992 square feet of retail land use will have a minor impact on the sewage conveyance system. An 8" sewer line is located on the east side of Front Royal Pike that will be extended to serve the 1.17-acre site. Additionally, an 8" sewer line is located on the west side of Front Royal Pike to the north of the Russell Farm that could be utilized if the line was extended due to development of that tract. It should be noted that the Frederick County Sanitation Authority is implementing a study to determine fixture expansion needs of the Parkins Mill Wastewater Treatment Facility. It is anticipated that an expansion of this facility will begin in about five years. F. SITE DRAINAGE The terrain of this property consists of a steep grade at the entrance off of Front Royal Pike and becomes gently rolling for the remainder of the site. Half of the combined properties existing runoff flows to Front Royal Pike (Route 522), the other half flows to the existing drainage to the southwest. The site naturally drains through an on -site swale in the southwest area of the site, which drains to a pond on the adjoining property immediately to the south. These properties do not contain water features and are located in Flood Zone C as identified by the FEMA Flood Insurance Map Community Panel Number 510063 0115 B, effective July 17, 1978. 5 0 0 Greenway Engineering December 8, 2003 Shepard Rezoning Revised January 16, 2004 Both properties, whether developed individually or together, will drain to one combined stormwater management pond that will be located in the southwestern portion of the southern parcel. The design of the stormwater management pond will occur during the site development plan process, which will require approval by the Frederick County Engineer. G. SOLID WASTE DISPOSAL The impact on solid waste disposal facilities can be projected from an average annual business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of structural area (This number can be found in the Civil Engineering Reference Manual, 4"' edition). AV = 5.4 Cu. Yd. per 1,000 sq. ft. AV = 5.4 Cu. Yd. x 24.99 (1,000 sq. ft.) AV = 134.95 Cu. Yd. The Municipal Solid Waste portion of the Regional Landfill has adequate capacity to accommodate the annual solid waster projections associated with the development of the 1.17-acre site. H. HISTORICAL SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify potentially significant structures or sites on the 1.17-acre site or within proximity of the subject site. The Comprehensive Policy Plan does not identify significant historic features along this segment of Front Royal Pike. I. OTHER IMPACTS The Frederick County Capital Facilities Fiscal Impact Model has been applied to the worst -case development scenario of 24,992 square feet of retail land use. The results of this model run indicate that the development of the subject site wilt provide a $1,147,385 positive revenue source to Frederick County. The model run indicates an impact to Fire and Rescue Services that is approximately 1 % of the positive revenue amount. Therefore, the applicants have proffered a monetary contribution exceeding 1 % of the positive revenue amount to adequately address the impact to Fire and Rescue Services for capital facilities costs. No other impacts are anticipated as a result of this rezoning proposal. 0 W Dovm.As C. Amu ATTORM At uw STRAS➢URO, V1101MA o 300 0.500 N `A) 1 THIS DEED is made and entered into this 31 st day of December, 2002, by between ARTHUR T. POLING, herein called Grantor; and MICHAEL S. ARD AND CHERYL SHEPARD, husband and wife, herein called whose address is VT"l CT�°V-6R-C- VA ZZ6oZ WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in paid to the Grantors and other good and valuable consideration, the receipt f which is hereby acknowledged, the said Grantors do hereby grant, bargain, sell convey with General Warranty and English Covenants of Title unto the said , as Tenants by the Entireties, with Right of Survivorship, all of the described real estate, to -wit: TAX MAP NUMBER: 6 U-A -/ q All of that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the West side of the Front Royal Road - Rt. 522, in Shawnee Magisterial District, Frederick County, Virginia, more particularly described by that certain plat and survey dated October 29, 1968, prepared by Lee A. Ebert C.L.S., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 348, Page 293. The aforesaid real estate is the identical real estate conveyed to Arthur A. Jr. and Nora Genevieve Poling, his wife, as tenants by the entireties, with •ght of survivorship, by Deed dated November 6, 1968, the said Nora Genevieve o N I ioual.As C. ARTHUR ArMLMRT AT LAM JIRAOVRO. VMGLN14 having departed this life on F(, thereby leaving her by Arthur A. Poling, Jr., by survivorship, and the said Arthur A. Poling, having departed this life on 2Z Z,000 thereby leaving his interest in e real estate to his son, Arthur T. Poling, by Last Will and Testament dated ovember 2, 1999, of record in Deed Book 118, Page 0437. This conveyance is made together with and subject to all easements, rights 'ways, reservations and restrictions of record affecting the aforesaid real estate. Reference is hereby made to the aforesaid plats, deed and records for a ,ore complete description and further derivation of title. WITNESS the following signature and seal: pop-XV, STATE OF NC CITY/COUNTY OF ; to -wit: The foregoing instrument was acknowledged before me this 3?14 day of December, 2002, by Arthur T. Poling. ------------- E &Ift �w.OMCIAL SEAL UM 71 ASN 6 IJNDSAY K. VATH TARY P IC VIRGINIAt FREDERICK ODUNW, SCr. My commission expires: WMJQ!t Ms iWbn>mcUt of wrisitas w,s prodnaed to we on o at ,q3 tnd with certificaue of admowledpment thereto annexe d vas admitted to record. T imposed by Sea 58.1.802 ofof S /DSO_ , and S& I-801 have been paid, if asmsa fte 4r,_.4 � , Clunk DouoLm C. ARnWR ATTORI®Y AT LAM $rRASBVR0. YIROIMA CQ r—n THIS DEED is made and entered into this 31 st day of December, 2002, by between DORINDA R. CUSTER AND DOROTHEA S. MERCER, called Grantors; and MICHAEL S. SHEPARD AND CHERYL husband and wife, herein called Grantees, whose address is 17a Grrot;&E vv-. , VA 7,U WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in paid to the Grantors and other good and valuable consideration, the receipt which is hereby acknowledged, the said Grantors do hereby grant, bargain, sell convey with General Warranty and English Covenants of Title unto the said as Tenants by the Entireties, with Right of Survivorship, all of the described real estate, to -wit: TAX MAP NUMBER: &q-4-IS- All of that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the West side of the Front Royal Road - Rt. 522, in Shawnee Magisterial District, Frederick County, Virginia, more particularly described as Parcel B, containing 0.574 acres, by that certain plat and survey dated October 29, 1968, prepared by Lee A. Ebert C.L.S., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 348, Page 293. The aforesaid real estate is the identical real estate conveyed to Hazel Alma tevers and Paul J. Stevers, her husband, as tenants by the entireties, with right of • � o rship, by Deed of Gift dated October 12, 1983, the said Paul J. Stevers departed this life on S'�/ 3l9 / , thereby leaving his interest by vorship, to Hazel Alma Stevers. The said Hazel Alma Stevers having this life on '-AceL-/ 7 A000 thereby leaving his interest in the real to her daughters, Dorinda R. Custer and Dorothea S. Mercer, by Last Will 3 Testament dated August 24, 1992, of record in Will Book 675, Page 87. This conveyance is made together with and subject to all easements, rights ways, reservations and restrictions of record affecting the aforesaid real estate. Reference is hereby made to the aforesaid plats, deed and records for a )re complete description and further derivation of title. WITNESS the following signature and seal: DORINDA R. CUSTER TATE OF LOev-1- Ulrn hl� ITY/COUNTY O—F1!�4 ncL�12. ; to -wit: The foregoing instrument was acknowledged before me this 315r day of , 2002, by Dorinda R. Custer, OFFICIAL SEAL NOTARY PUBLIC, STATE OF WEST VIRGINIA louoL4s C. AaTHUR Ly Commission expires: JOYCE L. COLLLI ` ATTOIN" ATLAv 105 A WESTMIW TER D0.1VE d z AMUKO vuowu I I CULLODEN, WEST VIRGINIA 25510 MY COMMISSION EXPIRES 07 — 29 — 2008 �saa�a�o�.►A ! ! 0 fV TATE OF bv, 'ITY/COUNTY OF ; to -wit: The foregoing instrument was acknowledged before me this 3 \ day of ember, 2002, by Dorothea S. Mercer, MiCKWA Fia*� PUBLIC -,`� ' T Notny Pubk ttttda of oao commission expires: VIRGINIA: FREDF-RICK COUNTY, SCT. This instrument of writing was produood to me on /o/vj —_1 "y&'4= at_9 and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec 58.1.802 of $ S� , and 58.1.8o1 have been paid, if assessablo 4e-t 4446-w , cwk DOUGLAS C. ARTHUR AMINO AT LAM SMAaVlO. VINGIMA • • 3`j-�,3 * #3423 t HAZEL ALMA STEVERS, ET VIR t TO- DEED OF GIFT - ALMA STEVERS, ET VIR BK566PG885 885 THIS DEED OF GIFT made this 12th day of October, 1983, between HAZEL ALMA STEVERS and PAUL J. STEVERS, her husband, of the one part, hereinafter called the Grantors, and HAZEL ALMA STEVERS and PAUL J. STEVERS, her husband, of the other part, hereinafter called the Grantees. WITNESSETH& That for and in consideration of the sum of Ten ($10.00) Dollars, and other good and valuable consideration, receipt of which is hereby acknowledged, the Grantors do hereby grant and convey, with general warranty and English covenants of title, unto the Grantees, jointly, as tenants by the entirety, with right of survivorship, as at common law, all of that certai lot or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the West side of the Front Royal Road - Route 522, in Shawnee Magisterial District, Frederick County, Virginia, more particu- larly described as "Parcel B", containing 0.574 Acres, by that certain plat and survey dated October 29, 1968, prepared by Lee A. Ebert, C. L. S., recorded with that certain Deed dated November 6, 1968, from Austin C. Poling, et als, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 348, Page 296, to which reference is made for a metes and bounds description and derivation of title. This conveyance is made, however, subject to all rights o way, easements and/or conditions of record, if any, affecting the aforesaid realty. • WITNESS the following signatures and sealst / (SEA] HAZEL ALMA TEVERS (SEK PAUL J. STEVERS 686 BK566PG886 STATE OF VIRGINIA, QUJO, OP �o�'Jt1Gu C%2 , to -wit: The foregoing instrument was acknowledged before me this -L2L%iday of �� 1�/,�!,� , 1983, by HAZEL ALMA STEVERS and PAUL J, STEVERS, her husband. Hy commission expiresi_(1f^u,��_�� /Q�6 NOTARY PUBLIC ,w,opm .$0 3 ' /1�lY V W,,W of wWr Ma P+'oduoW b ma OM.. ..... M»did K_l.�...�..-. k i p A . �_— and wNh CWWkato of actnowwdgm«N tMrot* aro d wn aMwtM y racoed [2) • BUUK J'!O rn' t OV PARCEL "C" - 56.336 Aerest Beginning at a concrete highway monument in t Weatorn Boundary Lino of Rt. 522, a corner to tho Barb Lot, running with i two following linen .)f the said Lot N 88° 42t 50" W - 383.70 ft. to a posts ace 3 03° 171 180 W - 50.38 ft. to a post eorner to the Stroonider Lot; nee with the Northern Lino of the said Let and continuing with the Northern .o of the Good Land S 800 lit 33" W - 1,002.89 ft. to an iron pin corner to Wchlford Tract; thence with the Saotorn Lino of the maid Land N 090 341 W - 1#949.14 ft. to a Pont in the Southern Lino of the Rummell Land; thence h the raid Line B &50 541 34" n - 1,476.51 ft. to an iron pin corner to col A; thence with the Western Linea of Parcels A A B - 3 Ole 251 150 W - o31 ft, to an iron pin; thence with the Southern Line of Paroel B - S 880 45" S - 25o.00 ft. to an iron pin in the Western Boundary Lino of Rt. 522; nee with the maid Lino S 010 251 15" W - 355e90 fto to an iron pin corner the Price Tract; thence with the five following Linea of the amid Land N 870 26" W - 83.56 ft. to a port; thence S 760 041 4o" W - 333.78 ft- to a �, -'e to Oak Tree; thence 3 650 511 41" W - 276.34 ft. to a Hickory Tree; thence 70 141 10" E - 272.22 fto to a post; thonoo N 73a 191 24" S - 597.17 ft* to ost in the Western Boundary Line of Rt. 522; thence with the said Lino S 010 15" W - 395.12 ft. to an iron pin corner to the said 337 - 466 Conveyance; nee with the throe following Linea of the said Land H 880 341 45" W - 250.00 thenoo S 010 251 15" w - 110.00 ft.; thence 3 880 341 45" E — 250.00 ft* an iron pin in the Western Boundary Line of Rt. 522; thence with the three Lavine Boundary Linea S 01a 25t 15" W - 29.54 ft-; thence 3 880 34t 49 S - 10 ft.; thence 3 010 251 1511 W - 257.46 ft. to the beginning. ►eyed - - October 29, 1968. ME A. MOT, Certified Land Survepror, Comm. of Virginia # µ84e V!11:11A FRZOFRICR COUNTY, SCT. t et�uaa of w Itinq was produced to me on the�� at del c ecka., .,eda ;nl tnerelo an. aaed ^nd wlth c.'III c"10 of tam paid, we■ admilt d to record, And addiftonel U ` Clerk The loecmpaaing Plat is a Di ''"' 348 rE 301 vision Survey of the Remaining Portion of the Land conveyed to Austin C. Poling, •t als, by Deed dated 24 January 1967 in Deed Book 329 Pago 326 (The Remaining Portion being the Entire Tract - LESS the 25,000 Sq. Ft. Portion conveyed by Deed dated 4 December 1967 in Deed Book 337 Page 466). The said Land front& the Western Boundary Lines of The Front Royal Road - Rt. 522, and lies in Shawnee District, Frederick County, Virginias PARCEL "A" - 0.595 Aorest Beginning at an iron pin in the Western Bound- ary Lino of Rt. 522, a corner to the Ford Land, running with the Southern Lino Of the said Land and continuing with the Southern Lin* of the Russell Land • A 86 54' 14" W - 250.11 ft. to an iron pin corner to Parcel C; thence with the Eastern Line Of the said Parcel S 01° 25, 15" W - 107.31 ft. to an Iron pin corner to Parcel B; thence with the Northern Line of the said Parcel 3 880 341 45" E - 250.00 ft. to an iron pin in,the Western Boundary Line of Rt. 522; thence with the said Line N 01° 25' 15% E - 100.00 ft. to the beginning. PARCEL MB" - 0.574 Aorest Beginning at an Iron pin In the Western Bound- ary Line of Rt. 522, a corner to Parcel A, running with the Southern Line of Ghe said Parcel N 889 341 45" W - 250.00 ft* to an Iron pin In the Eastern An* of Parcel 0; thence with the two following lines of the said Parcel S 010 151 15e W - 100.0o ft. to an iron pin; thence S 88° ■ 34 45 E - 250.00 rt. to n iron pin in the Western Boundary Lino Of Rt. 522; thence with the said Lino 01° i5l 15" S - 100.00 fte to the .bsg1apbngs 0 Boo{ 348 FACE 300 Ror RUSSELL LARs 63414 E NO PARCEL "C" 56.338 ACRES ,1 200 seo1 N 400 FCC pW0% 1S a e1• f. 0 C.J. FORD s+ L AI, D c 4 -Mry Peet 230.11 A" ^�o $n PA'IC CL 2a0.09' �= C h 7 � IIT P;. nC_C._ "lC 0 _ D-"' e — P[ I W p _ lTROD8R^ 11002.89 Cfi1 � — 33 R. C. �O PARCEL "A"= 0.595 AG PARCEL "0"= 0.874 AC. L` • ►MwAMMAwAAii►■MAAi►•rlww►wiflwwlwwAwwwwwirAw►w f518 " STIN C. POLING, ET ALS. TO: :: :: DEED ARTHUR A. POLING, JR., ET UX «" rAxwwA►MrrM►r►wwrfiw►lwxwwrAwrArrlrrrrAAwi►MwMw ,CY .j4."i fy.0 289 THIS DEED made and dated this 6th day of November, 1968, by and between Austin C. Poling and Evelyn D. Poling, his wife, Arthur A. Poling, Jr., and Nora Genevieve Poling, his wife, and Hazel Alma Stevers and Paul J. Stevers, her husband, parties of the first part; and Arthur A. Poling, Jr., and Nora Genevieve Poling, his wife, parties of the second part, WITNESSETH: That for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration, receipt of which is hereby acknowledged, the said parties of the first part do hereby grant and convey, with general warranty of title, unto the said parties of the second part, jointly, as tenants by the entireties, in fee simple, with the common law right of survivorship, all of that certain lot or parcel of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the West side of the Front Royal Road - Rt. 522, in Shawnee Magisterial District, Frederick County, Virginia, more particularly described by that certain plat and survey dated October 29, 1968, prepared by Lee A. Ebert, C. L. S., hereto attached and by this reference made a part of this Deed, as: PARCEL "A" - 0.595 Acres: Beginning at an iron pin in the Western Boundary Line of Rt. 522, a corner to the Ford land, running with the Southern Line of the said Land and continuing with the Southern Line of the Russell Land N 86° 54' 1411 W - 250.11 ft. to an iron pin corner LANOKNT. ANDKnwN A WRRICK Boor. ,349 qni 291 6±712. � (SEA Austin C. Polio (SEAL) Evelyn D. Poling J)tlzal�J1 (SEAL) Arthur A. Poling, jx (SEAL) Nora Genevieve Polio (S EA L) lyzel Alma Stevers P(SEAL) Paul Stevers STATE OF VIRGINIA, COUNTY OF FREDERICK, to -wit: I, Patricia L. Jordan , a Notary Public of and for the County of Frederick, State of Virginia, 'do hereby certify that Austin C. Poling and Evelyn D. Poling, his wife, whose names are signed to the foregoing writing, bearing date the 6th day of November, 1968, have personally appeared before me and acknowledged same. My commission expires August 1, 1971 Given under my hand this 6th day of November, 1968. LAROiN'I. ANDKRRON 6 WRRICK _:54j:9/_;Z 19/ I-..,rn .n. w.Uu.oYll d LANNICK M inaMnn�n n, V.nu�n.w Rpv 348 ;r.[ 290 to Parcel C; thence with the Eastern Line of the said Parcel S O1° 25' 15" W - 107.31 ft. to an iron pin corner to Parcel B; thence with the Northern Line of the said Parcel S 88° 34' 45" E - 250.00 ft. to an iron pin in the Western Boundary Line of Rt. 522; thence with the said Line N 01° 25' 15" E - 100.00 ft. to the beginning; and being a part of the same property conveyed to Austin C. Poling, et als, by Deed of Arthur A. Poling, Widower, dated January 24, 1967, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, in Deed Book 329, Page 326, to which deed and plat and the references therein, reference is here made for a more particular description of the said property. This conveyance is made subject to any and all restrictions, easements and rights of way of record, if any, affecting title to said property. The said parties of the first part covenant that they have the right to convey the said property to the said parties of the second part; that the said parties of the second part shall have quiet and peaceable possession to said property, free from all liens and encumbrances; and the said parties of the first part will execute such further assurances of title as may be requisite. WITNESS the following signatures and seals the date first above written: - 2 - 0 9r,e9 348 ,P« 292 STATE OF VIRGINIA, COUNTY OF , to -wit: I, -- — a Notary Public of i ite of Virginia, do for the County of �l 0 ate of Virginia, do hereby certify that Arthur A. Poling, Jr., and Nora Genevieve Poling, his wife, whose names are signed to the foregoing writing,) bearing date the _6th day of November, 1968, have personally appeared before me and acknowledged same. My commission expires Given under my hand this / S day of November, 1968-` Notary Public STATE OF WEST VI INIA, to-wit: OF a Notary Public L`e��n of LGQ/, State of West of and for the Virginia, do hereby certify that Hazel Alma Stevers and Paul J. Stevers, her husband, whose names are signed to the foregoing writing, bearing date the 6th day of November, 1968, have personally appeared before me and acknowledged same. My commission expires Given under my hand and notarial seal this day of November, 1968. n" p (,AnR1l;KA (Seal l) l) N,NCN,[nr. •. � �. - 4 - Notary Public A o r Bo4Fu� i E PerE LL 293 C. J. �RDu NS saa•s414 E 1�476.s1 LAND LA/N0 IRo Pla 250.11 PARCEL "A' $ o in n� �5SZco ;� oN PIA ipPAACEL�rBuO'.`� N —O— 50.00' S88 34 45 N p n °' o PARCEL "C" ;� 'q O 0 56.336 ACRES "1 11 • r h s �5N 200 5 /A N . .333- ' fODT ILi a 4��A�NV+ '3A Lij Z66 1 F- N 400 Gtti °� � • �` sb � O,D• � I SOT O u ; N a • ^M~ IO LL N E8 4'45'tr Y (i �INAU Tirl Q ►OLINS & a N $. 3.34 45� 250.00, v 29.54 �Ita 18 70P ig sT NWt No" 0 s 50 D�11 D Pi GE4 Y'c� I40 A i — — lITAO>INIDEA — �r 1002.p9 g60oil /33 W `ANO �000 11. G. PARCEL "As 0.595 AC - PARCEL "B"t 0.574 AC. 0 4,!�'l / -;�, 93 _ ; 1 BOOK 348; per,, 294 The Accompnning Plat is a Division Survey of the Remaining Portion of the Land conveyed to Austin C. Poling, of clap by Dood dated 24 January 1967 in Dead Book 329 ?ago 326 (The Remaining Portion being the Entire Tract - LESS the 25,000 Sq. M. Portion convoyed by Deed dated 4 Dooember 1967 in Deed Book 337 Fa-ro 466). The said Land fronts the Western Boundary Linea of The Front Royal Road - Rt. 522, and lies in Shasnoo District, Frederick County, Virginiat PARCEL •A" - 0.595 Aereas Beginning at an iron pin in the Western Bound- ary Line of Rt. 522, a corner to the Ford Land, running with the Southern Line of the said Land and continuing with the Bouthorn Line of the Russell Land 7 8G° 41 14" W - 250.11 ft. to an iron pin corner to Parcel Cj thence with the Eastorn Line of the said Parcel S 010 251 15" W - 107.31 ft. to an iron pin corner to Parcel Bj thence with the Northern Line of the said Parcel S 88e 341 45" E - 250.00 ft. to an iron pin in the Western Boundary Line of Rt. 522; thence with the said Line A 010 251 15% 8 - 100.00 ft. to the beginning. PARCEL "B" - 0.574 Acreat Beginning at an iron pin in the Western Bound- ary Line of Rt. 522, a corner to Parcel A, running with the Southern Lino of the said Parcel N 880 341 45" W - 250.00 ft. to an iron pin in the Eastern Line of Parcel Cf thonee with.the two following lines of the said Parcel S 010 �51 15" W - 100.00 ft. to an iron pin; thence, S 880 341 45" B - 250.00 ft. to an iron pin in the Western Boundary Lino of Rt. 522= thence with the said Line N 010 25, 15" E - 100.00 ft. to the beginning. 34,9 000920623 Cus c ons: Trans. Type: PAY Dept/Bilitt: RE2003 00262900002 P/I Date: 12/05/2003 12/05/2003 Name: SHEPARD MICHAEL S & CHEFRY Name 2: Bill Date: 12f06f2003 Half: r+uuress: 179 GEORGE Map#: 64 A 14 DR WINCHESTER VA MMMMMDDSSLLLLS Zip: � - 4619 Acreage: .60 Dist/Cis 04 / 02 Desc: 00 ACRE Mortg.Co.: • SSN: Beg - - 9890 Land: Original Bill: $23.000 $03.95 Improve: Status: $0 Use: $0 Credits: $83.95 Discount: $.0B '. .......................... 122ate e3TCHG Drawer Transit _ Check Number Trans. Amount Balan ce 12/04/2003 PAY COS 45067 SFIN 4071 $83.95 $03.95 $83.95CR $•Be DERFCK-COMTY-TREASURER 107 NORTH WNT STREET SUITE 100 DATES TO REMEMBER Vehicle decals go on sale Dog tags due for renewal Vehicle decals to be displayed Business Equipment/License Must be filed Business License fee due First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Dog tags go on sale Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light e dates as billed by the Commissioner of 's Office. Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-mail Address BOrndoff@co.frederick.va.us r Tax Information ac unnnc ray., WWW.CO.FREDERICK.VA.US Treasurer's Office Hours nday through Friday 8:30 am to 5:00 pm hours may be offered during peak times, for details in local media. VEHICLE LICENSE REGISTRATION ire that the statement and figures hereon are true, fi t to the best of my knowledge and belief. 50% for Business Yes ature J Mature rans. Type: Name: SHE Name 2: Address: t/B i I I is : RE2003 179 GEORGE DR WINCHES 000020623 Cust.Transactions: 01 P/I Date: 12/05/2003 12/05/2003 Bill Date: 6/06/2003 Half: 1 Map#: 04 A 14 MMMMMDDSSLLLLS Zip: 22602 TER VA - 4619 Acreage: g BB Dist/Cis 04 / 01 Desc: �e ACRE Mortg.Co.: • SSN: Q00 - M _ @000 0000 Land: Original Bill: $23,800 Improve: status: $0 Use: $N $03.95 Credits: $83.95 Discount: $,Nd Date 6/06/2003TCHG Drawer Transit Check Number Trans. Amount Balanc 6/03/2003 PAY LKH 5257 SFIN 3841 $83.95 $83.95 $83.95CR $,00 DERICKCC&TY TREASURER 101 NORTH IMNT STREET • ' SUITE 100 DATES TO REMEMBER Vehicle decals go on sale Dog tags due for renewal Vehicle decals to be displayed Business Equipment/License Must be filed Business License fee due First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Dog tags go on sale Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light e dates as billed by the Commissioner of 's Office. Mailing' Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-mail Address B0mdoff@co-frederick.va.us WWW.CO.FREDERICK.VA.US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm ded hours may be offered during peak times, for details in local media. I-I.rrrrrrrr�srrrrrrrr�rrrsrrrrrr VEHICLE LICENSE REGISTRATION are that the statement and figures hereon are true, f VEHICLE to the best of my knowledge and belief. 50% for Business Yes ■ature ,.Trans. Type: PAY Dept/Bill#: RE2603 000710601 Name: CUSTER, DORINDA R Tlame 2: Address: 8 MERCER DOROTHEA S 1335 N VIRGINIA AVE 000020624 Cust.Transactions: 01 P/I Date: 12/05/2803 12/05/2003 Bill Date: 6/06/2003 Half: i Map # : 54 A 15 MMMMMDDSSLLLLS DUNBAR. WV Acreage: .57 Dist/Cis 04 / 01 Zip: 25064 - 2910 Mortg.Co.: Desc: .57 ACRE SSN: 1518 • 1�00 - 0e - 0000 Status: Land: $23,000 Improve: to Use: $0 Original Bill: $03.95 Credits: $03.95 .......................... Discount: $.06 Date Type Drawer Transit Check Number Trans. Amount Balance 6/06/2003 CHG $83.95 $63.95 6/03/2003 PAY LKH 5257 SFIN 3841 $83.95CR $.00 MlaCK CO JY TREASURER �107 NORTH T STREET SUITE 100 DATES TO REMEMBER Vehicle decals go on sale Dog tags due for renewal Vehicle decals to be displayed Business Equipment/License Must be filed Business License fee due First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Dog tags go on sale Second Half Taxes Due Personal Property, Real Estate Sanitary District Street Light e dates as billed by the Commissioner of the 's Office. Mailinp. Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-mail Address Bomdoff@co.frederick.va.us WWW.CO.FREDERICK.VA.US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm ded hours may be offered during peak times, for details in local media. VEHICLE LICENSE REGISTRATION re that the statement and figures hereon are true, full to the best of my knowledge and belief. 50%for Business Yes N ture :L Trans. Type: PAY Dept/Bill#: RE2003 0007 ' Name: SHEPARD MICHAEL S & CHERYL Name 2: Address: 179 GEORGE DR WINCHESTER. VA ' zip: 22602 - 4619 BHOU20524 Cust.Transactions: 02 P/I Date: 12/05/2603 12/05/2003 Bill Date: 12/06/2003 Half: a Map#: 04 A 15 MMMMMDDSSLLLLS Acreage: .57 Dist/Cis 04 / 62 Mortg.Co.: Desc. ,57 ACRE SSN: Status: Land: $23,000 Improve: $0 Use: $0 Original Bill: $03.95 Credits: $83.95 Discount: $.00 Date Type Drawer Trans# Check Number Trans Amount Balance 12/86/2003 CHG $63.95 $83.95 12/04/2003 PAY COS 45087 SFIN 4071 $83.95CR *.Be DEkICK CO&TY TREASU 107 NORTH WNT STREET t. • SUITE 100 DATES TO REMEMBER Vehicle decals go on sale Dog tags due for renewal Vehicle decals to be displayed Business Equipment/License Must be filed Business License fee due First Half Taxes Due Personal Property Real Estate Sanitary District Street Light Dog tags go on sale Second Half Taxes Due Personal Property Real Estate Sanitary District Street Light due dates as billed by the Commissioner of ue's Office. Mailing Address Frederick County Treasurer P.O. Box 225 Winchester, VA 22604-0225 (540)665-5607 E-mail Address BOmdoff@co.frederick.va.us WWW.CO.FREDERICK.VA.US Treasurer's Office Hours Monday through Friday 8:30 am to 5:00 pm led hours may be offered during peak times, for details in local media. .a►r+ra++++a++r+r++r++r+r++++►r VEHICLE LICENSE REGISTRATION lare that the statement and figures hereon are true, f ct to the best of my knowledge and belief. d 50% for Business Yes re ;nature 10 COUN of FREDE ICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 February 11, 2004 Mr. Evan Wyatt Greenway Engineering, Inc. 151 Windy Hill Lane Winchester, VA 22602 RE: Preliminary Comments - Shepard Property Rezoning Proposal Dear Evan: This correspondence includes preliminary review comments concerning the Shepard Properties rezoning proposal, which was submitted to the Frederick County Planning and Development Department on Monday, January 26, 2004. As you are aware, the cutoff date for the February 18, 2004 Planning Commission meeting was Friday, January 23, 2004; therefore, this application was not submitted in time for inclusion on the referenced Planning Commission agenda. Moreover, it is noted that preliminary comments were not obtained from the Department of Planning and Development in advance of submission, which is a departure from the established rezoning review process. It is noted that the subject application was submitted prior to the cut-off date for the March 3, 2004 Planning Commission meeting. This application will therefore be included as a public hearing item on the agenda of said meeting, and will be tentatively scheduled for a public hearing before the Board of Supervisors on March 24, 2004. The subj ect application is a request to rezone 1.17 acres zoned Rural Areas District (RA) to Business General District (B-2). The following issues are identified for your consideration: A. Application Form and Relevant Review Agencies 1. With the exception of comments from the Department of Planning and Development, all other review agency comments appear to be complete for this application. It is noted that the public works comment dated December 12, 2003, regarding storm water management for the two parcels, should be addressed within the Impact Analysis Statement as noted by Mr. Ed Strawsnider, Director of Engineering. Please clarify how storm water management would be addressed, should the two parcels be developed at different times. 107 North Kent Street • Winchester, Virginia 22601-5000 a 0 Mr. Evan Wyatt February 11, 2004 Page 2 2. The Frederick County Sanitation Authority chose to offer no comment regarding this rezoning petition. The Impact Analysis Statement should be clarified to state that the two parcels will be served by public sewer and water at the time of development. B. Proffer Statement The proffer statement appropriately includes access easements to provide pedestrian linkages to the parcels immediately north of parcel 64-A-14, and directly south of parcel 64-A-15. It is recommended that inter -parcel connections enabling vehicular access between these same parcels be provided. Such inter -parcel cor iectivity is important for both pedestrian and vehicular traffic to ensure that the subject site is not isolated, but rather fully integrated with the surrounding parcels as a mixed use community, consistent with the vision of the South Frederick Land Use Plan (SFLUP). 2. Please consider including with this application a generalized development plan delineating the location of proposed inter -parcel connections, buffers, and other general layout features. Thank you for your attention to the issues enumerated above. Please feel free to contact me should you have any questions or concerns regarding this correspondence. Sincerely, I Z �_' - 1\1 11\� L1_ Christopher M. Mohn, AICP Deputy Planning Director 1/ ►/_LM cc: Eric R. Lawrence, AICP, Planning Director Property Owner: vMichael and Cheryl Shepard 179 George Drive Winchester, VA 22602 ft\ GREENWAY ENGINEERING %*�Pr 151 Windy IIill Lane founded in 19:1 Winchester, Virginia 22602 T R A N S M I T T A L Project Name: Shepard Properties Rezoning File No: 32375 Date January 23, 2004 To: FC Planning From: Evan Wyatt/dlm Attn: Jeremy Camp GREENWAY ENGINEERING Phone: 540-662-4185 Copied Fax: 540-722-9528 ❑ Urgent ❑ For Your Review ❑ As You Requested ❑ Please Comment Message: Jeremy, Attached is the following information for the above rezoning: -Sinned Rezoning application -Application fee check for $1 108.50 -Sinned/notarized Special Limited Power of Attorney form -Location map -Plat of parcel -Copy of Deeds -Verification of taxes paid -Output Module -Impact Analyis Statement -Signed Proffer Statement -Comment response sheets from all appropriate agencies Thank you for your assistance. Call with any concerns. JAN 2 3 M4 Greenway Engineering Telephone 540-662-4185 FAX 540-722-9528 www.greenwayeng.com 41 COUNTY of FREDRRICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 TION OF PUBLIC HEARING /OR ADJOINING PROPERTY OWNER(S) N #01-04 FOR SHEPARD PROPERTIES Board of Supervisors, you are hereby notified of a public hearing 1, 2004, at 7:15 p.m. in the Board Room of the Frederick County n-th Kent Street, Winchester, Virginia to consider the following ierties, submitted by Greenway Engineering, to rezone 1.17 acres 2 (Business General) District. This property is located on the west 2 South), approximately 1,500 feet south from the Airport Road ified with Property Identification Number(s) 64-A-14 and 64-A-15 .ons or wishing to speak may attend this public hearing. A copy of review at the Handley Library and the Bowman Library the week of Planning and Development located at 107 North Kent Street in Street • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on �1em e,x_ m`�; 00 from the Department of Plamzing and Development, Frederick County, Virginia: 64 - A- - 12- NESSELRODT, MINNIE K ET ALS 361 BUFFLICK RD WINCHESTER, VA 22602.4548 64 - A- - 18- KOKORSKY, MANFRED G 119 ELMWOOD RD WINCHESTER,VA 22602.4406 64C - A- - 12- COMMONWEALTH OF VIRGINIA PO BOX 6767 RICHMOND, VA 23230.0767 64C -A- - 13- 4-1311 GIBSON, MONTIE W III 867 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 64C - A- - 16- SHARP, HOWARD F JR 921 FRONT ROYAL PIKE WINCHESTER, VA 22602.4422 STATE OF VIRGINIA COUNTY OF FREDERICK 64 - A- - 14- d / S SHEPARD, MICHAEL S & CHERYL 179 GEORGE DR WINCHESTER, VA 22602.4619 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 /'/'L /_,.. ? � C istop er M. Mohn, Deputy Director Fre e ' Co. Planning Dept. a Notary Public in and for the State and County aforesaid, do ereby certify that Ohristopher M. Mohn, Deputy Director for the Department of Planning and Develo ment, whose name is signed to the foregoing, dated 1 has personally appeared before me and acknowledged the same in my State and Cour teaforesaid. Given under my hand this �,('�_ day ofIdA,G� fl My commission expires on 0- NOTARY P BLIC 8C2— TO: Barbara - Data Processing FROM: Bev - Planning Dept. Please grin sets of labels by: S Ch = I _ ` _ __ - �I / THA KN S!!1 -_ �. The oae of Jirginia allows us to rrequest full discfosure or uwnc. Oj�,Y —. relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Michael Shepard Cheryl Shepard 6. A) Current Use of the Property: Unimproved B) Proposed Use of the Property: Office/Commercial 7. Adjoining Property: PARCEL ID NUMBER USE ZONING 64-((A))-12-- Miimie Nesselrodt, Et Als Agricultural RA District C�-,./-�))-18 � , - Manfre� v . Kokorsky Unimproved RA District 64C-((A))-12 Commonwealth of Virginia Right-of-way RA District 64C-((A))-13 Residential & Unimproved RP District 64C-((A))-'r (<, ,ti , = Residential RP District & a "- -/L/ q- / s _ (.'RE-aI.J VV4 y fW 6:-1 /l N C, 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 1 17-acre site is located on the west side of Front Royal Pike, approximatley 1,500 feet from Airport Road (Route 645) Access to the subject site will occur off of Front Royal Pike. P�Iqsr-- vied r/ l Jam Free Printing www.avery.com Use Avery@ TEMPLATE 5161@ 1-800-GO-AVERY AVERY® 51610 64C - A- - 13-A GIBSON, MONTIE W III 867 FRONT ROYAL PIKE WINCHESTER,VA 64C - A- - 13-A GIBSON, MONTIE W III 867 FRONT ROYAL PIKE 22602.4421 WINCHESTER,VA 22602.4421 64 - A- - 15- SHEPARD, MICHAEL S & CHERYL 179 GEORGE DR WINCHESTER,VA 22602.4619 A213AV-O9-008-6 ®69LS 31` &ffli ®AJeAV esn @L9LS ®AU3A Nf S WOYAJeAWAAAAAA ®® 6ullulJd eeJ3 user COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 31, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-04 FOR SHEPARD PROPERTIES On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, April 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 #01-04 of Shepard Properties, submitted by Greenway Engineering, to rezone 1.17 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located on the west side of Front Royal Pike (Route 522 South), approximately 1,500 feet south from the Airport Road (Route 645) intersection, and is identified with Property Identification Number(s) 64-A-14 and 64-A-15 in the Shawnee 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, Christopher M. Mohn, AICP Deputy Director CMM/bad 107 North bent Street - Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street Winchestei�k ,yirginia 22601 k:� 64C A- 12-1 C 0 M M 0 N W E A Rik"t , > VIRGINIA 0 BOX MMs. ;-?%CHM0ND,VA/.� D-0767 ON, . 0 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX:540/665-6395 CORRECTION NOTIFICATION OF PUBLIC HEARING February 20, 2004 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-04 FOR SHEPARD PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, March 3, 2004, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-04 of Shepard Properties, submittedby Greenway Engineering, to rezone 1.17 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located on the west side of Front Royal Pike (Route 522 South), approximately 1,500 feet south fi-om the Airport Road (Route 645) intersection, and is identified with Property Identification Number(s) 64-A-14 and 64-A-15 in the Shawnee Magisterial District. Any interested parties having questions orwishing 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, 79nA�' . Q Christopher M. Mohn, AICP Deputy Director CMM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 This is to certifythat the attached correspondence was mailed to the following on P g () from the Department of Planning and Development, Frederick Coun , Vi ginia: 64 - A- - 12- NESSELRODT, MINNIE K ET ALS 361 BUFFLICK RD WINCHESTER, VA 22602.4548 64 - A- - 18- KOKORSKY, MANFRED G 119 ELMWOOD RD WINCHESTER, VA 22602.4406 64C - A- - 12- COMMONWEALTH OF VIRGINIA PO BOX 6767 RICHMOND, VA 23230-0767 64C - A- - 13- � 13 A GIBSON, MONTIE W III 867 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 64C - A- - 16- SHARP, HOWARD F JR 921 FRONT ROYAL PIKE WINCHESTER, VA 22602.4422 Ucftr- 64 - A- - 14- !i� 1 S SHEPARD, MICHAEL S & CHERYL 179 GEORGE DR WINCHESTER,VA 22602.4619 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchestel-, VA 22602 0,10p 1 i cant Chri er M. Mohn, Deputy Director Frederick Co. Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 1, hAh No �k,� ,I I , a Notary Public in and for the State and County aforesaid, do hereby certify that Christopher M. Molur, Deputy Director for the Department of Planning and Development, whose name is signed to the foregoing, dated ,� on i (:)LI , has personally appeared before me and acknowledged the same in my Stat6 and'County aforesaid. Given under my hand this � day of R' ion ,. n ,o i ac{, d My commission expires on f'l .hq. n ►r,j '-�—iOTARY PUBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING February 18, 2004 TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #01-04 FOR SHEPARD PROPERTIES On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, February 18, 2004, at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #01-04 of Shepard Properties, submitted by Greenway Engineering, to rezone 1.17 acres from RA (Rural Areas) District to B2 (Business General) District. This property is located on the west side of Front Royal Pike (Route 522 South), approximately 1,500 feet south from the Airport Road (Route 645) intersection, and is identified with Property IdentificationNumber(s) 64-A-14 and 64-A-15 in the Shawnee 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, Christopher M. Mohn, AICP Deputy Director CMM/bad 107 North Kent Street • Winchester, Virginia 22601-5000 This is t c rti that the attached correspondence was m0l ed to the following on �' P g �� from the Department of Planning and Development, Frederick County, Virginia: 64 - A- - 12- NESSELROOT, MINNIE K ET ALS 361 BUFFLICK RD WINCHESTER, VA 64 - A- - 18- KOKORSKY, MANFRED G 119 ELMWOOD RD WINCHESTER,VA 22602-4548 22602.4406 64C - A- - 12- COMMONWEALTH OF VIRGINIA PO BOX 6767 RICHMOND, VA 23230-0767 64C - A- - 13- 13A GIBSON, MONTIE W III 867 FRONT ROYAL PIKE WINCHESTER, VA 22602.4421 64C - A- - 16- SHARP, HOWARD F JR 921 FRONT ROYAL PIKE WINCHESTER, VA 22602.4422 STATE OF VIRGINIA COUNTY OF FREDERICK 64 - A- - 14- F � r- SHEPARD, MICHAEL S & CHERYL 179 GEORGE DR WINCHESTER, VA 22602.4619 Mr. Mark D. Smith, P.E., L.S. Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 ftPP/- / cat- 1u C Chri op r M. Mohn, Deputy Director Frederic Co. Planning Dept. I,4 &/__ . J , a Notary Public in and for the State and County aforesaid, dd hereby certify tha Christopher M. Mohn, Deputy Director for the Department of Planning and Development, whose name is signed to the foregoing, dated '2// K'/D , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this My commission expires on day of NOTARY PU ' IC TO: Barbara - Data Processing -- Bev lan�nmg Dept - ,_ `.—�i_y_�: . ,.,--r..�_. .- :~ .._ _. _- .-_ -_::.. -. ::,_ ,. _.•� ..., ., Y - Secs fii tdu�iYb �.� — ... y _ the —Co Virginia allows us t�- egtriesz` iu�� u►sciuNure ur uw ea ��lY =•• relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Michael Shepard Cheryl Shepard 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: PARCEL ID NUMBER USE 64-((A))-12 USE Miralie Nesselrodt, Et Als �� •r�))-1 s ManfreC G. Kok 641-((A))-12 Commonwealth of Virginia _ 64C-((A))-13 03A i 64C-((A))-1J- 6 Unimproved Right-of-way Residential & Unimproved Residential Unimproved Office/Commercial RA District RA District RA District RP District RP District 61a _ 2E-fin VV0 y �� r� ��- r /J �-- 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The 1 17 acre site is located on the west side of Front Royal Pike approximatley 1,500 feet from Airport Road (Route 645)Access to the subject site will occur off of Front Royal Pike. 522 RP ii Z CITY OF VYINCMESTER \ R u. 64 A 141 O \ 64 A 15 RP�� \� M1 ' W 64C A 11 vv 64 A 12 a O LUCAS , NESSELRODT RA O U 64C A 13 tiJ GIBBON RP RP \ 64 A 14 SHEPARD RA 64C A 13A GIBBON SHEPARD n R EZ # 01 - 04 -11 64 A 15 0 RP -- RP Shepard Properties PINs: 64 A 18 64-A- 14 KOKORSKY 7C RA SHARP 64-A-15 � 64C A 16 RP � 1 RP N RP EI I mwo°d Rd F I R-.— / I 522 - ( 0 70 Feet 1 � 522 g`°C t ZCM Of LR VONCHESTER Q 64 A 14l �s = 64 A 15 id LUCAS W 64C A 11 64 A 12 a O of NESSELRODT g C� 0 64C A 13 O ci== V GIBSON 64 A 14 SHEPARD 64C A 13A GIBSON SHEPARD R1 64 A 15 O O O O 64 A 18 'O KOKORSKY SHARP 64C A 16 " Elr"Wood R 0 80 Feetdf--FJI-FFFT- 522 -4- - - AO 41 V 179 14 v V9 22\1 '�k RP aI \� o� \ r RP \� p I �` II sac A 11 1 64 A 12 l4 Z LUCAS I I NESSELRODT RA I V 64C A 13 GIBBON RP 164 14 I j ARD I 64C B 13ARA- ' I I GIBBON ARD -tl 11 15 3 IRP ;a RP 64 A 18 '0 KOKORSKY I RA Ij I I SHARP 64C A 16 RP RP �/ \ 1 RP 522 ` N W� E S 0 70 Feet a ��-�- i G7Y OF I I I Q I I 164 Auj 15 LUCAS is I 64C A 11 64 A 12 Z I \ y NESSELRODT iv - I� I II 64C A 13,-__ _ V i I GIBSON \ - --- 64 A 14 SHEPARD \ I 64C A 13A ; �\ GIBSON SHEPARD 64 A 15 C, � �di 64 A 18 KOKORSKY \� I SHARP 64C A 16 I aFeet ` % � 522�_ t�r+'[prn max, !l'fn #-' !. Til A DK*Yrf- - FREDERiC j( COUNTY - , jG�RGIl`TIA W E GIS, MAPPING, GRAPHICS WOE IREQU- F-ST DATE RECEIVED: % 0 ESTED COMPLETION DATE: 02/ l v REQUESTING AGENT: Department, Agency, or Company:_ Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additional / j %S �q _A--i�/ c/Is— DIGITAL: PAPER: FAX SIZES: COLOR: BLACK/WHITE: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: E-MAIL: NUMBER OF COPIES: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick County GIS, 107 North Kent Street., Winchester, VA 22601, (540)665-5651)