HomeMy WebLinkAbout04-01 Winchester Equipment Company - Gainesboro - BackfileIt '11
REZONING TRACKING SHEET
Date
Application received/file opened
V Reference manual updated/number assigned
,Z D-base updated
i• 0 File given to office manager to update Application Action Summary
Notification letter sent to Commissioners/Board Member
Four sets of adjoiner labels ordered from data processing
.� aQr_rnaps ordered from Mapping & Graphics
,S-2 - 0 1 PC public hearing date ACTION:
5-23- 0 1 BOS public hearing date ACTION:
Signed copy of resolution for amendment of ordinance, with conditions
proffered, received from County Administrator's office and placed in
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
0.5.3 I.0 ( File given to office manager to update Application Action Summary (final
action)
File given to Mapping & Graphics to update zoning map
Zoning map amended
Other notes:
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COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
May 31, 2001
Mr. John C. Lewis, P.E., C.L.A.
Painter -Lewis, P.L.C.
302 S. Braddock Street, Suite 200
Winchester, VA 22601
RE: REZONING 904-01 FOR WINCHRSTER EQUIPMENT COMPANY
Dear John:
The Frederick County Board of Supervisors approved the above -referenced application to rezone
23.39 acres from RA (Rural Areas) to B3 (Industrial Transition) at their meeting on May 23, 2001.
This property is located adjacent to the dumpster site on N. Frederick Pike (Rt. 522) and Indian
Hollow Road (Rt. 679), across from the Virginia Farm Market, and is identified with Property
Identification Numbers 42-A-188 and 42-A-189 in the Gainesboro Magisterial District.
The proffers that were approved as a part of this rezoning application are unique to this property 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.
7ic
erely,
R. Lawrence
Deputy Director
ERL\ch
cc: *E. Frank Smith
*Doug Rinker, Winchester Equipment Company
Sidney Reyes, Opequon District Supervisor
Jane Anderson, Real Estate
*Steve Melnikoff, VDOT
(* - cc's with copy of proffers)
107 North Kent Street • Winchester, Virginia 22601-5000
0 0
PC REVIEW DATE: 05/02/01
BOS REVIEW DATE: 05/23/01
REZONING APPLICATION #04-01
WINCHESTER EQUIPMENT COMPANY
To rezone 23.39 acres from RA (Rural Areas) to 133 (Industrial Transition)
LOCATION: This property is located adjacent to the citizen trash convenience site on N. Frederick
Pike (Rt. 522) and Indian Hollow Road (Rt. 679), across from the Virginia Farm Market.
MAGISTERIAL DISTRICT: Gainesboro
PROPERTY ID NUMBERS: 42-A-188 and 42-A-189
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District Land Use: Agricultural
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned 132 (Business General) District
Zoned RA (Rural Areas) District
South: Zoned RA (Rural Areas) District
East: Zoned RA (Rural Areas) District
West: Zoned RA (Rural Area) District
PROPOSED USE: Commercial/Retail
REVIEW EVALUATIONS:
Use: Commercial
Use: Agricultural; Residential
Use: Agricultural
Use: Agricultural
Use: Residential; Citizen Trash
Convenience Site; Vacant
Virginia Dept. of Transportation: See attached letter from Steve Me nikoff, Transportation
Engineer, dated March 8, 2001. Should these concerns be addressed to VDOT's satisfaction, then
before development, this office will require a complete set of construction plans detailing entrance
9 0
Winchester Equipment Co. #04-01
Page 2
May 14, 2001
designs, drainage features, and traffic flow data from the ITE Trip Generation Manual, Sixth Edition,
for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-way
dedications, traffic signalization and off -site roadway improvements and drainage. Any work performed
on the State's right-of-way must be covered under a land use permit. This permit is issued by this office
and requires an inspection fee and surety bond coverage.
Fire Marshal: Water for firefighting available nearby for shuttle, water line extension would increase
protection capabilities. No significant impact to Fire & Rescue Services. Plan approval recommended.
Frederick -Winchester Health Department: See attached letter -front John Dailey, Envii-onmental
Health Specialist, dated 2-23-01.
County Engineer: We recommend changing the reference to `transfer station' to `citizen trash
convenience site.' We will reserve the right to perform a detailed review at the time of the site plan
subnlrssion.
County Attorney: Where is Civil War easement; when dedicated; how big; how long; what purpose;
where is 80-foot strip of land; when will it be done; why not pay the money to Frederick County
Treasurer?
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning
for the two parcels which comprise the proposed rezoning as A-2 (Agricultural General) District.
The A-2 (Agricultural General) District zoning classification was modified to RA (Rural Areas)
District on February 14, 1990 during the comprehensive amendment to the County's Zoning
Ordinance.
The two parcels which comprise the proposed rezoning are identified by property identification
numbers 42-A-189 and 42-A-188. The cumulative acreage for the two parcels which comprise
the proposed rezoning is 23.39 acres. The proposed rezoning application calls for a zoning
change to B3 (Industrial Transition) District.
2) Location
The two parcels which comprise the proposed rezoning are located on the south side of the
intersection of North Frederick Pike ( Rt. 522N) and Indian I-Iollow Road (Rt. 679). The parcels
are located approximately''/2 mile west of the intersection of North Frederick Pike and Route 37.
Winchester Equipment Co. 404-01
Page 3
May 14, 2001
North Frederick Pike is classified as an arterial roadway; Indian Hollow Road is classified as a
major collector roadway.
The parcels are outside of the County's Sewer and Water Service Area (S WSA) and are a
component of the Route 37 West Land Use Plan which was adopted by the Board of Supervisors
on October 7, 1997. This land use plan identified the subject parcels for a continuation of
agricultural use while preserving the historic integrity of the battlefield on which it sits. The
Route 37 Land Use Plan also identified a proposed major collector road that would bisect the
subject property.
3) Site Suitability
The two parcels which comprise the proposed rezoning do not contain significant physical
environmental characteristics as identified in the Frederick County Zoning Ordinance. The site
is slightly rolling agricultural land presently utilized for the cultivation of corn.
4) Intended Use
The applicant intends to relocate its existing business, Winchester Equipment Company, from
its present location within the City of Winchester, to the subject site. The relocation would
enable the business to expand and better serve its customers. To that end, the applicant has
proffered the specific uses that would be permitted on the property. These permitted uses reflect
the company's current operations and uses.
5) Potential Impacts
a) Transportation:
Impact Analysis Statemelit
The applicant has provided information which projects potential traffic impacts associated with
the development of the 23.39 acres requested to be rezoned. This analysis utilizes average
vehicle trip data from the Institute of Traffic Engineers Trip Generation Manual, 6°i Edition,
Volume 1 (ITE). The applicant has projected potential traffic impacts assuming a number of
weekday and weekend traffic scenarios. The following projected potential traffic impact assumes
the most intense weekday morning peak hour vehicle trips as a multiplier for the development
of 440,855 square feet of retail sales space. Since no specific land use is being proffered, the
applicant has projected traffic impacts based on the most intensive land use, retail sales. This
projection suggests that there could be between 2,820 - 2,169 vehicle trips during peak hour. The
Average Annual Daily Traffic on Route 679 in 1999 at this location was 2,800 vehicles. The
AADT for Route 522N at this location in 1999 was 18,000 vehicles.
Winchester Equipment Co. #04-01
Page 4
May 14, 2001
Revietiv Agency Comment
The Virginia Department of Transportation (VDOT) has reviewed the applicant's traffic impact
analysis. The VDOT comment, dated 3/8/01, states that there is no objection to the rezoning of
this property; however, 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.
Planning Staff Comment
The applicant's traffic impact analysis appears to provide an accurate depiction of current traffic
Counts for Routes 522 and 679. Additionally, the projected traffic increase is reasonable
considering the traffic generated at the existing Winchester Equipment Company location within
the City of Winchester. Tlie applicant has addressed the proposed major collector road iclentified
in the Route 37 West Land Use Plan; a 80-foot right-of-way has been proffered to accommodate
this proposed major collector road. Staff would discourage any additional entrances directly onto
Route 522N, and encourage the use of the proffered 80-foot right-of-way as the sole point of
access to the properties.
b) Water and Sewer:
Impact AnaNsis Statement
The applicant has acknowledged that the subject site is outside of the County's Sewer and Water
Service Area (SWSA). An on -site soils investigation revealed that the soils are well -suited for
the installation of a subsurface absorption system for the disposal of sewage. The applicant has
stated that an on -site well will be utilized for water. There is an existing on -site well which may
be adequate to serve the proposed use.
Revieit, Agency Comment
The Frederick County Health Department has reviewed this request, as noted in their letter dated
February 23, 2001. A sewage disposal certification letter had been issued for Property
Identification Number 42-A-188; the 14-acre parcel. This certification could accommodate a
design use of 880 gallons per day usage. The agency did express some concern regarding an
encroachment by the proposed road easement and the proposed Civil War interpretive site onto
the sewage disposal site. A five-foot separation must exist between the sewage disposal site and
the easements.
Any well supplying the proposed uses will need to comply with the standards of the Virginia
Department of Health, Office of Water Programs.
•
Winchester Equipment Co. 404-01
Page 5
May 14, 2001
Planning Staff Comment
The utilization of on -site facilities for water and sewage disposal is appropriate, and will be
necessary as the property is currently outside of the Sewer and Water Service Area (S WSA). The
subject site is within the Albin Rural Community Center area, as identified in the County's
Comprehensive Policy Plan. Uses which cater to the rural community are encouraged in the
identified Rural Community Centers, and would be served by on -site health systems as public
facilities are typically not available in the rural community centers.
While a sewage disposal certification letter has been issued for the larger (PIN 42-A-188) of the
two parcels included in this rezoning application, it should be noted that an evaluation of the
smaller (42-A-189) tract has not been conducted. A Health Department representative stated that
the applicant did not make a request to consider the feasibility of Parcel 42-A-189 for sewage
disposal. In order for this smaller tract to be developed separately, an on -site sewage disposal
facility must be obtained. It may be prudent for the applicant to seek and obtain a sewage
disposal certification letter for Parcel 42-A-189 so as to ascertain its appropriate development
potential.
It is vital that the road right -of way and Civil War interpretive site be completely separated from
the sewage disposal site at the onset of this rezoning process. If the sewage disposal site is not
separated from these easements, then either the certification letter will be invalidated, or the
Opportunities for the proposed road and interpretive site may be jeopardized. Staff recommends
that this issue be resolved by modifying the road and interpretive site location prior to
development of the property.
c) Historic Resources:
Impact Analysis Statement
The applicant has provided information which indicates that a significant portion of the Second
Battle of Winchester took place within the proximity of this acreage, as well as on a portion of
the site to be rezoned. The owner recognizes the importance of the historic heritage of the Civil
War battles, and has proffered conditions to provide interpretive opportunities for Second
Winchester.
Review Agency Connnent
The Frederick County Historic Resources Advisory Board's (HRAB) comment, dated 3/28/01,
recommends a number of items to provide assurances for quality development in this area. The
HRAB recommends the following items be considered by the applicant (in no particular order):
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Winchester Equipment Co. #04-01
Page 6
May 14, 2001
• The elimination of Parcel 42-A-189, totaling 8.64 acres, from the rezoning application request
to prevent the sale of land for additional commercial uses;
• The elimination of additional land uses that fall within the specified SIC Codes proffered by the
applicant;
• The provision of a general site layout plan which is sensitive to adjoining properties and existing
viewsheds;
• The development of architectural standards for all structures that is in keeping with other
agribusiness structures located in rural parts of the County to ensure that the rural and historic
character of this area is maintained;
• The use of innovative architectural methods to conceal roof -mounted equipment from the
existing viewshed;
• The provision of increased building setbacks from adjoining property lines;
• The provision of buffers and screening between proposed structures and adjoining property lines
to mitigate impacts and protect existing viewsheds;
• Modifications to the Civil War Interpretive Easement proffer to ensure that the developer
absorbs the costs associated with platting, deed preparation, and legal fees necessary to establish
the easement;
• Modification to the future collector road proffers to ensure that an access easement is
maintained for the Civil War Interpretive Easement, should this road system not come to
fruition.
Planning Staff Comment
The parcels proposed to be rezoned are located within the northwest limits of the defined core
battlefield area for Phase 6 of Second Winchester. The parcels are also within the defined
boundaries for the Second Battle of Winchester Battlefield Apple Pie Ridge Historic District
which was determined eligible for the National Register by the Department of Historic
Resources in March 1999.
The applicant has proffered to establish a Civil War interpretive site easement that will be
located toward the southern boundary of the property (PIN 42-A-188). While the interpretive
site enables visitors to view and learn about the Second Battle of Winchester, the placement of
a large structure adjacent to the interpretive area may detract from the viewshed's integrity.
Additional efforts may be necessary to lessen the impact of any proposed structures.
d) Adjoining Properties:
Impact Analysis Statement
The applicant has provided information which identifies that a majority of the land surrounding
the subject site is utilized for agricultural purposes (south, east, and north). Portions of land to
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Winchester Equipment Co. 404-01
Page 7
May 14, 2001
the west and north of the site contain business and residential uses. A citizen trash convenience
site is also on an adjacent property.
Planning Staff Connnent
The Zoning Ordinance requires a buffer and screen between land used for commercial purposes
and residential purposes. The minimum buffer distance required by the County is 100 feet
which requires the installation of a six -foot -high opaque screen such as an earth berm or a
board -on -board fence, and landscaping which provides three evergreen and deciduous trees per
ten linear feet. The developer is not permitted to situate structures within the 100-foot buffer
distance; however, accessory uses such as parking lots and maneuvering areas can be located
within the initial 25 feet.
The adjoining property along Thwaite Lane which adjoins the 100-foot residential buffer area
may be impacted by future heavy commercial land uses depending upon the structural height,
the location and placement of signage and lighting fixtures, and the location of parking and
maneuvering areas.
The Zoning Ordinance does not require that a buffer nor screen be installed between land used
for commercial purposes and land used for agriculture. The applicant has proffered to establish
a 50-foot buffer along the eastern and southern property lines, thereby implementing efforts to
reduce any negative impacts that may be associated with the development of the subject property
for commercial uses.
Proffer Statement
The applicant has submitted a proffer statement which has been signed by the property owner,
notarized, and reviewed by the County Attorney's office. The following list is a summary of
the conditions voluntarily proffered by the applicant:
• Lists the permitted uses, rather than those prohibited.
• Limit any communication towers to a maximum height of 35 feet.
• Establish and dedicate an easement for a Civil War interpretive site.
• Provide a 50-foot buffer (25-foot active, 25-foot inactive) along the eastern and southern
property boundaries.
• Reserve for dedication to the County an 80-foot-wide right-of-way for the future construction
of a major collector road as identified in the Comprehensive Policy Plan.
• Provide a monetary contribution of $1,000 to the County to be utilized for fire and rescue
services.
Winchester Equipment Co. #04-01
Page 8
May 14, 2001
STAFF CONCLUSIONS FOR 05/02/01 PLANNING COMMISSION MEETING:
The 23.39-acre site proposed for rezoning is located outside of the County's Sewer and Water Service
Area; is within the Route 37 West Land Use Plan; contains a portion of the core battlefield area for phase
6 of Second Winchester; is within the defined boundaries for the Second Battle of Winchester Battlefield
Apple Pie Ridge Historic District which was determined eligible for the National Register of Historic
Places; and is within the Albin Rural Community Center area.
Staff has identified several issues based on comments received from various review agencies which
involve impacts to the transportation system, water and sewer service, historic resources, and adjoining
properties. The applicant has submitted a proffer statement in an attempt to mitigate the issues identified
by staff. Proffered conditions include a listing of the permitted uses; limits on the height of
communication towers; establishment of an easement for a Civil War interpretive site; provisions for a
buffer against agricultural lands; reservation of an 80-foot-wide strip of land for a proposed major
collector road; and a monetary contribution for fire and rescue services.
The development of commercial uses at this location will have an impact on an existing residential land
use along Thwaite Lane and on the adjacent agricultural land due to the proximity to this site, and could
potentially have an impact to the viewshed associated with the Battle of Second Winchester. The
applicant has proffered the establishment of a buffer against the agricultural land, and will be required
to implement a buffer against the residential use.
Staff believes that these impacts could be further mitigated by the applicant through consideration of the
following comments:
• Provide additional buffer distance and screening methods against the existing agricultural uses.
• Provide illustrations and, possibly, a legal description of the proffered Civil War interpretive site
easement.
• Conduct a detailed viewshed analysis along the north, south, and east boundaries, and establish
a maximum structural height overlay to minimize impacts to existing residential land uses and
the viewshed from the proposed Civil War interpretive site.
• Establish proffered design standards or restrictive covenants to require lower outdoor lighting
fixtures, monument signs, strategic placement of loading and receiving bays, and more intensive
landscaping than required by County ordinance.
• Prohibit building -mounted signs on building walls not facing existing state roads.
• Restrict direct access onto Route 522 North.
The applicant should be prepared to address the comments made by staff during the review of this
application by the Planning Commission and the Board of Supervisors.
E
•
Winchester Equipment Co. #04-01
Page 9
May 14, 2001
PLANNING COMMISSION SUMMARY & ACTION Or 5/02/01 MEETING:
Mr. Robert Solenberger, President of Fruit Hill Orchard and owner of the adjoining properties, and his
wife, Mrs. Bessie Solenberger, Chairman of the Historic Resources Advisory Board (I-IRAB), came
forward to speak regarding the proposed rezoning. Mr. Solenberger said that he was not opposed to
the rezoning of the larger parcel, but was opposed to rezoning the adjoining smaller tract, which he
considered to be "spot -zoning." He believed the setbacks from adjacent agricultural -zoned property
were inadequate. Speaking on behalf of the I-IRAB, Mrs. Solenberger believed additional buffering and
landscaping was needed on the site to improve the viewshed from East to West.
Commissioners asked the applicant for his intentions regarding the second, smaller parcel. In response
to a Commissioner's question of whether the two parcels could be considered separately, the Planning
Commission's legal counsel declared this to be one application which included two parcels of land, with
proffers applicable to both parcels; therefore, one action was required by the Commission.
Commissioners also discussed whether or not the proposal could be "speculative -rezoning" or "spot -
zoning," but concluded it was not, because the primary purpose of the proposed business was to support
the agricultural area. Some Commission members expressed concern about the adequacy of the setbacks
adjacent to an active orchard. Commission members believed that the applicant had successfully
mitigated the impacts identified by the staff and the I-IRAB and had made efforts to satisfy the issues
associated with the battlefield viewshed by providing easements for an interpretive area. The
Commission voted unanimously to approve the rezoning with the proffers submitted by the applicant.
(Note: Chairman DeHaven abstained from discussion and vote.)
0\.1gcndas\CO%ISIENTS\RE70NING\Slaff Report\2001\WinchcstcrEquipCo.wpd
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0
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
The following in1ornmtion 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: F�,j wrt:�P-- I-s- W ' 5
Telephone: Sao rsevx- 579 Z.
Address: 5bZ. s gz.A-veoc-v— 700
'-VA- Z2too J
2. Property Owner (if different than above)
Name: S. Fe-4KLv-- sM, n4 Telephone:
Address: 7o`4 uo�ow ►z'�.
ktI&, E-srEr� , VA ZZ(PD3
3. Contact person if other than above
Name: 1`, t. (,. l� e ��r, �. l� � . Telephone: '(5—/0) 6 (0a -S i �-
4. Checklist: Check the following items that have been included with this application.
Location map ✓ Agency Comments
Plat Fees
Deed to property Impact Analysis Statement
Verification of taxes paid ✓ Proffer Statement
11
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5. The Code of Vir ig nia alloll's us to r�!clncst full disclosure of ownership in relation to
rezoning applications.
Please list below all owners w- porties in interest of the land to be rezoned:
G. A) Current Use of the Property: _��Aci--i-r
B) Proposed Use or the Property: _roMMF_y--I a,, Lz-E-rAI,--
7. Adjoining Property:
PARCEL ID NUMBER
53-A- z
-1z- A_.- Igo
9Z-A-I�3�-
4Z-A- IS�e
-4 z - A - 19 -1
Us Ell
ZONING
r?-A
1z-A
R.A
S. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
-t j�� Loc�A rl Gril iN�_ � R1r`� 'rv�0 Ai?)a! 1.1i tJ L-f-
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12
Infoi oration to be Subnritted for Capital Facilities Impact Model
In order for the l'lannmg Skiff to use its capital Iacilities 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 p,')ssi ulc density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Locaticit: I'; rccl IdentificstlionNumber(y)
Districts
Magisterial: (� r�o _. High School: _jAtj6"�
Fire Service: VpuvaD JkAw C t�F Gv • Middle School:
Rescue Sc rvice: j?�oi> tAi w Elementary School: It 1Di p,n1
10. Zoning Change: List the acreage included in each new zoning category being requested.
cres
Current Zoning
Zonin l Re uested
g.�
P4V
3
i� T5
Z3.3`►
Total acreage to be rezoned
11. The following information should he provided according to the type of rezoning
proposed :
Number of Units Proposed
Single Family homes: Townhome: Multi -Family:
Non -Residential Lots: X Mobile Home: Hotel Rooms:
Squar_Footage of proposed Uses
Office:
Retail: -43� Zoo -5>r.
Restaurant:
13
Service Station:
Manufacturing:
Warehouse:
Other: _.Z,9 00 �F
�orc,a,c{E•/
•
•
12. Signature:
I (we), the undersigned, do' hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the
road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): �� ��� Date: / vi
/ Date:
Owner(s): �_..��, /�� ,.�,� Date: 0
Date:
14
0
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name
F� �T F4 w OC'z�4+12 �1L.
► o, P'ox 2 3� S
lN,KIC-H-e- ri=P, Vk 2zCoo�{
Property# S '- A - Z
Name
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P co. a>ox 23cp8
Property # -9 z - A - I -i o
Name
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Property# fiZ- A- I�[o
Name
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I`I5 Ir1D�P+1 41o�vcn.� p.
Property# 4z-A -
Name
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Property Ig7
Name
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Property
Name
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Property# 92-A - Zz
Name
Property # 9Z- ZCo
Name
Property #
Name
Property #
15
AMENDMENT
Action:
PLANNING COMMISSION: Reconunended Approval on May 2, 2001
BOARD OF SUPERVISORS: Approved May 23, 2001
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #04-01 OF WINCHESTER EQUIPMENT COMPANY
WHEREAS, Rezoning #04-01 of Winchester Equipment Company, was submitted by Painter -Lewis,
P.L.C., to rezone 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition) at their meeting on
N/lay 23, 2001. This property is located adjacent to the dumpstcr site on N. Frederick Pike (Rt. 522) and
Indian Hollow Road (Rt. 679), across from the Virginia Farm Market, and is identified with Property
Identification Numbers 42-A-188 and 42-A-189 in the Gainesboro Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on May 2, 2001;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 23, 2001;
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 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition) as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by
the applicant and the property owner.
PDRes #09-01
• •
This ordinance shall be in effect on the date of adoption.
Passed this 23rd day of May, 2001 by the following recorded vote:
Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye
W. Harrington Smith, Jr. Aye Margaret B. Douglas Aye
Charles W. Orndoff, Sr. Aye Robert M. Sager Nay
A COPY ATTEST
Pm'R�. Riley, Jr.
Frederick County ZCdministrator
PDRes. 1109-01
0 \,%gcndu\CO\I\fiiNTS\REZONING\ItES01.U'I'MWinchEgoipCo wpd
•.
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 42 ((A)) 188 and 42 ((A)) 189
Gainesboro Magisterial District
Frederick County, Virginia
May 24, 2001
Prepared for: Mr. Doug Rinker
Winchester Equipment Company
620 Pennsylvania Ave.
Winchester, Virginia 22601
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@mnsinc.com
Job Number: 0009005
RECEIVED
ED
MAY 2 5 Z001
,tea; _ ,.., ;� J ..OPMEN
PROFFER STATEMENT •
PARCEL ID 42 ((A)) 188 an*2((A)) 189
INTRODUCTION
The two subject parcels contain 23.39 acres combined. Currently all 23.39 acres are
zoned RA. All adjacent property is zoned RA with the exception of one lot (42-A-228)
that is located across Indian Hollow Road and zoned B2. The owner desires to rezone
the entire 23.39 acres from RA, Rural Areas District, to a B3, Industrial Transition
District, zoning. The intended purpose for the rezoning would be to allow the
Winchester Equipment Co. to relocate it's operation onto a lot which is larger than the
existing location allowing for more versatility in the layout of the facility.
The applicant recognizes that the site is adjacent to the Rural Community Center of
Albin, but outside the county Urban Development Area. Acknowledging the importance
of maintaining the rural character of the area, the owner is willing to proffer restrictions
on the types of commercial activities which can be developed under the proposed B3
zoning. See Proffer #1.
The owner recognizes that the site is nearby to land involved in the events of the
Second Battle of Winchester which occurred on June 24, 1863. Acknowledging the
importance of historic preservation, the owner is willing to proffer a limit on the use of
the subject property for communications facilities, specifically, communication towers
which exceed the height allowed in the B3 zone for structures, that is, 35 feet. See
Proffer #2.
In addition, the owner is willing to proffer the reservation of a portion of the property as
an easement for use by Civil War interest groups for the creation of an interpretive site.
The owner recognizes that the location and configuration of the easement may be
revised to suit the needs said interest groups, and is willing to make adjustments to the
easement shown on Exhibit 3. In the event that access to the easement is not available
from a public right-of-way, the owner is willing to provide reasonable space for parking
and access at a location convenient for both owner and Civil War interest group. Such
adjustments must not negatively impact the owner's use of the land. The owner agrees
to depict the easement in all future site development plans required to be submitted to
the Frederick County Department of Planning and Zoning. See Proffer #3.
The owner recognizes that the current land owner of the parcels located adjacent to the
east and south boundaries of the site is interested in the preservation of the agricultural
character of the land. The owner is willing to proffer a 25' active buffer plus a 25'
inactive buffer along the entire length of the boundary of the site which borders Parcel
42-A-190 and Parcel 53-A-2. See Proffer #4.
As a provision of the rezoning, the owner is willing to proffer the reservation of land for
dedication to Frederick County for the construction of a certain roadway intended to
connect Route 522 to Route 50 as proposed in the 1998 Comprehensive Policy Plan.
Please refer to the "Route 37 West Land Use Plan" on page 6-41 of the 1998
Comprehensive Policy Plan. The alignment shown in the Comprehensive Plan passes
PROFFER STATEMENT •
PARCEL ID 42 ((A)) 188 an*2((A)) 189
near to or through the subject parcels and intersects with Route 522 at the existing
signalized intersection of Route 522 and Route 679. The exact alignment of the
roadway is unknown, as is the timing for construction. Therefore, the owner reserves
the right to adjust the alignment of the 80' reserve strip from the location shown on
Exhibit 3. The owner agrees to depict the 80' reserve strip in all future site development
plans required to be submitted to Frederick County Department of Planning and
Zoning. See Proffer #5.
The owner recognizes that the development of the site will have certain impacts on the
adjacent properties as well as the view sheds associated with the Second Battle of
Winchester. The owner is willing to proffer a "generalized site plan" as part of this
rezoning request to illustrate the layout of the proposed improvements proposed for
Parcel 42-A-188. The Generalized Site Plan is attached hereto. See Proffer #6.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # for the rezoning of
23.39 acres on Parcels 42-A-188 and 42-A-189 from RA to B3, development of this
particular 23.39 acres will be in conformity with the terms and conditions set forth in
this document. These terms and conditions may be subsequently amended or revised
by the owner of the property with permission from the Frederick County Board of
Supervisors in accordance with Frederick County codes. These proffers shall be
binding on the owner and their legal successors or assigns.
PROFFERS
1. For a period of time as long as the subject land maintains a B3 Zoning, the land
will be developed for the following uses:
1. General Business Offices
2. Uses which are identified by the following Standard Industrial Codes:
a. 50-wholesale trade of durable goods;
b. 51-wholesale trade of nondurable goods (excluding beer, wine, and
distilled alcoholic beverages);
c. 52-retail sales of building materials, hardware, garden supplies, and
mobile home dealers;
d. 5599-automotive dealers not elsewhere classified;
e. 7353-heavy construction equipment rental and leasing;
f. 7359-equipment rental and leasing not elsewhere classified;
g. 7519-utility trailer and recreational vehicle rental;
h. 7699-repair shops and related service not elsewhere classified.
2. The land and any improvements thereto will be expressly not used for the
erection of communication towers which exceed a height of 35 feet.
PROFFER STATEMENT
PARCEL ID 42 ((A)) 188 anG*z((A)) 189 •
3. The owner will reserve for dedication of an easement to Civil War interest
groups, a portion of the subject property in order that said interest group can
create an interpretive site. The Civil War interest group must be a recognized,
legal entity able to receive such easement rights. All expenses associated with
the creation of legal easement and use documents will be borne by the owner.
All expenses associated with structural and/or aesthetic improvements within the
easement for the purposes of access, public viewing of the area, and
interpretation of events associated with the Civil War, shall be born by the Civil
War interest group. Such improvements shall meet prudent engineering
practices and all design standards of the Frederick County Zoning Ordinance.
4. The owner will establish a 25' active buffer and a 25' inactive buffer along the
eastern and southern property boundaries of the site as shown on Exhibit 3.
5. The owner will reserve for dedication to the County of Frederick a strip of land
eighty feet in width and running north to south across the subject parcels for the
purpose of the future construction of a road to connect Route 522 to Route 50.
This voluntary reservation of land shall be valid for as long as the Frederick
County Comprehensive Policy Plan identifies this general area as a potential
route for a collector road to connect Route 50 with Route 522. If future planning
action by Frederick County results in the repositioning of this road in a location
other than through the subject parcel, the reservation of the land referred to
herein will expire.
6. The owner will develop Parcel 42-A-188 in general conformance with Drawing
No. GSP-1, titled "GENERALIZED SITE PLAN" attached hereto.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the Round Hill Community Fire and
Rescue Company No. 15 the sum of $1,000.00 for impacts to fire and rescue services.
This sum will be paid upon receipt of the first building permit issued subsequent to the
approval of this rezoning for any proposed structure.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grant this rezoning and accepts these proffers, then these
proffers shall apply to the land rezoned in addition to the other requirements of the
Frederick County Code.
PROFFER STATEMENT •
PARCEL ID 42 ((A)) 188 0 42((A)) 189
Submitted By:
E. Frank Smith (property owner)
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this day of
2braar 2001 by Sy i'y,
My commission expires on 31, Z004
Notary Public
-
1$000 SF CIVIL
WAR EM.RESERVATION
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COMMONWEALTH of VIRGINIA
CHARLES D. NOTTINGHAM
COMMISSIONER
Mr. John C. Lewis, P.E.
C/O Painter -Lewis, PLC
302 S. Braddock St., Suite 200
Winchester, VA 22601
Dear John:
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
EDINBURG, VA 22824 JERRYA. COPP
RESIDENT ENGINEER
March 8 2001 TELE(540)984-5600
7 FAX(540)984-5607
Ref: Proposed Rezoning — Winchester Equipment Company
Route 679, Indian Hollow Road @ Route 522
Frederick Pike Parcels 42((A)) 188 and 42 ((A)) 189
Frederick County
A VDOT review has been completed on the proposed rezoning of the referenced property. There are
several information errors on Page 4 of the Impact Analysis Statement which should be addressed.
Under Item C. Traffic: 1st Paragraph on the 81h line, the 1999 traffic volume of 15,000 AADT on Route
522 should be 18,000 AADT (see attached Page 7 of 1999 VDOT Volume Estimates).
Under Section Specialty Retail Center Code 841: This code should be Code 814. Also Saturday 42.04
trips per 1000 sf = 18,534 (minor difference).
Our review recognizes the desirable location for site access to VDOT facility, Route 522 would be by
utilization through the intended 80' right-of-way as proffered on Exhibit 3 of the analysis. Any detailed
site plan developed for these parcels should provide access to Route 522 via the 80' right-of-way to State
Route 679 then onto Route 522 by way of the existing signalized intersection at 679/522. VDOT will not
recommend direct access to Route 522 from either parcel affected by this rezoning request. Access will
be required via the Route 679, 522 signalized intersection. Improvements to Route 679 and Route 522
will be required as part of the site plan submission. VDOT acknowledges the statements of intent found
in the final two paragraphs on Pages 4 and 5 of the Impact Analysis Statement.
Should these concerns be addressed to VDOT's satisfaction, then before development, etc., this office will
require a complete set of construction plans detailing entrance designs, drainage features, and traffic
flow data from the I.T.E. Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to
comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site
roadway improvements and drainage. Any work performed on the State's right-of-way must be covered
under a land use permit. This permit is issued by this office and requires an inspection fee and surety
bond coverage.
Should you have any questions or concerns, please do not hesitate to call.
Sincerely,
Barry J. kA.Melnikoff,
Tr n Roadway Engi
For: Steveransportation Engineer
BJS/rf
Enclosures
xc: Mr. Evan Wyatt, Mr. Dave Heironimus
WE KEEP VIRGINIA MOVING
Virginia Department of Transportation
Traffic Engineering Division
•
1999
Annual Average Daily Traffic Volume Estimates By Section of Route
Frederick County Maintenance Area
---Truck------
Design
Route
Length AADT QA
4Tire Bus
QC
QK AAWDT OW Year
2Axle 3+Axle 1Trail
2Trail
Hour
r rederich Count•
— 34-64-1 N
522 Front Royal Pike
2.43 9900 F
91% 0% 2% 1% 4%
1% F
860 F 9900 F 1999
us so
_
SUS50
522 50 Millwood Pike
0.16 41000 F
3400 F 43000 F 1999
T• LCL Winchester
Ciry of Winchester
L'CL Wincicsicr
522 50
Millwood Ave 0.04
41000
F
3400
F 43000
F
1999
6S 1
522 50
Millwood Ave 0.20
25000
H
•V.
NA
NA
1999
:Jbal
Lady-
U2%
-
522 50
Millwood Ave 0.80
13000
F
94%
0%
0%
1%
0%
C
NA
14000
F
1999
'•
Camcron St
US 50 Gerrard St
522 11
Cameron St 0.53
5900
F
93%
1%
2% 1%
1%
0%
C
NA
6100
F
1999
Combined Traffic
14000
F
95%
0%
2% 1%
1%
0%
C
NA
15000
F
1999
- - -- Si
-
522 11
Cameron St 0.17
10000
F
93%
1%
2% 1%
1%
0%
F
NA
10000
F
1999
Combined Traffic
NA
NA
NA
T•
Piccadilly St
Camcron St
522 ®
Piccadilly St 0.18
7300
F
NA
7600
F
1999
Combined Traffic
11000
F
NA
12000
F
1999
Braddock Si
72 Piccadilly St
0.19
5500
F
94%
0% 2% 1 %
2%
0%
F
NA
5800
F
1999
T.
Faumom Avc
'^
Piccadilly St
522 Fairmont Ave
0.22
6200
F
94%
0% 2% 1%
2%
0%
F
NA
6400
F
1999
J
522 Fairmont Ave
0.55
11000
F
94%
0% 2%` 1 %
2%
0%
C
NA
12000
F
1999
T•
NCL Winchcsicr
Frederick Count•
-
^-
NCL Winchcsicr
522 Maple St
1.27
20000
F
96%
0% 1% 1%
2%
1%
C
1800
F
20000
F
1999
522 Frederick Pike
2.89
18000, .
FI
82%
0%• .:. 2% 1%
13%
0%
F
1400,
F
170.00
F
1999 ;
34-654 Ccdar FxoVc Rd
522 Frederick Pike
4.24
15000
F
82%
0% 2% 1%
13%
0%
F
1100
F
14000
F
1999
rM
34.600 Silcr Rd
522 Frederick Pike
5.08
14000
F
82%
0% 2% 1%
13%
0%
F
1000
F
13000
F
1999
-
SR 127 Blooincry Pikc
522 Frederick Pike
3.26
7300
A
82%
0% 2% 1%
13%
0%
C
NA
6900
A
1999
34-694 Cumberland "frail Rd
522 Frederick Pike
4.40
5600
F
82%
0% 2% 1%
13%
0%
F
400
F
5300
F
1999
T•
West Virginia Statc Line
Cit• of'Winchester
^^
Cameron St
522 11 Gerrard St
0.10
12000
F
93%
1% 3% 1%
2%
0%
F
NA
13000
F
1999
Valley Avc
57�2 50 Gerrard St
0.07
9500
F
97%
0% 1% 1%
1%
0%
F
NA
9900
F
1999
T•
Braddock Si
^^
Gerrard St
\`15?2 (9 Braddock St
0.53
8200
F
97%
0% 1% 1%
1%
0%
C
NA
8500
F
1999
Combined
Traffic
14000
F
95%
0% 2% 1%
1%
0%
C
NA
15000
F
1999
I`
BOSCa\rctl S1
I
9.712.000 7
Lord Fairfa�Environmental Healt? District
107 N. Kent St.
P. O. Box 2056
j + S Winchester, Virginia 22604
���6�.•��,��,r�^•� (540) 722-3480 FAX (540) 722-3479
Counties of.- Clarke, Erederick, Page, Sheiiandoeh, Nlarremm, emir! City of {Vinckester
February 23, 2001
Monica Butts
Painter -Lewis, P.L.C.
302 South Braddock St., Suite 200
Winchester, VA 22601
RE: Rezoning comments for proposed Winchester Equipment facility; Frederick Co. Tax Map ##
42-A-188 and 42-A-189.
Dear Ms. Butts:
Tile Frederick County I-fealth Department has no objection to this proposed rezoning subject to
the following comments:
A sewage disposal certification letter was recently issued by the liealth department for Tax
Map parcel # 42-A-188. This letter certifies that a sewage disposal site is currently available on
the property for a design use of 880 gallons per clay (gpd). The number of employees allowable
will depend on the final projection of gpd/employee. The current regulations project a use of 15
to 35 gpd/employee for factories and office buildings. The owner must apply for a permit from
the Frederick County Health Department prior to installing the system.
The attached plat by Marsh and Legge shows the approved sewage disposal sites. From the
Site Development Plan included in your proposal, it appears than the 80-foot reserve strip for
future ROW may encroach on the lower left corner of the sewage disposal site near the front of
the property. It also appears that 13,000 SF Civil War interpretive site easement may encroach on
the sewage disposal site at the rear of the property. Please adjust your plan to ensure that at least a
5-foot separation exists between these easements and the sewage disposal sites. If these sites are
disturbed, any prior approvals are void.
Due to the projeetecl number of employees, the proposed well on the property will be
considered a non -transient, non -community public water supply. Such wells have special
construction and monitoring requirements and are permitted by the health department's
Lexington Office (540-463-7136). The owner must apply for a permit from that office prior to
drilling the well.
If you have any questions, please call.
Sincerely,
�U�W � I✓C���%Y
/1
John Dailey V
Environmental Health Specialist.
0 0
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
1550 Commerce Street
Winchester, Virginia
zb iz� o der to asszst. he... . :1' e o t'o e.. ::;as ass . e.
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Applicant's Name: A c� "J. J, !� C• Telephone:K,sc/o) 6 a S 7 9a
Mailing Address: 3cja S 0lac/C%CJ,- �,[,,S/ a00
Location of property: 0S. le%. Sz Z, (N e �- 4 ,�W �/A 5l C ,cf. � 7!
n%, or Rk. 37 6 S S ! �P Sr �� r s /o a.C", �C)
41, W V U5�c C G i �-C.0 .5 4,e Q ...d( r�rc eSS l'�vu `/"it V,lr,`.- A
Current zoning: (1) k A- Zoning requested: 8.3 Acreage: F- is Y
Virginia Department of Transportation Comments:
Should these concerns be addressed to VDOT's satisfaction, then efore eve opmen , etc., th is o ice wi
require a complete set of construction plans detailing entrance designs, drainage features, and traffic
•°mf°r-nevi
flow data rom P
comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site
roadway mprevements and drainage —A Any work performed on the State's right-of-way must be covered
under a land use permit. This permit is issued by this office and requires an inspection fee and surety
bond coverage See attached letter from VDOT dated 03/08/01 to Mr. John Lewis.
VDOT Signature & Date: Transportation Engineer 03/08/0
nx.;44�»P.::::::?Y:::::.
20
0
Rezoning Comments
Frederick County Fire Marshal
Mail too
Frederick County Fire Marshal
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6350
Hand deliver to-
Frederick County Fire & Rescue Dept.
Attn: Fire Marshal
County Administration Bldg., l st Floor
107 North Kent Street
Winchester, Virginia
Applicant's Name: r'Q.,,k,- ��u;s. P L C. Telephone: dYQ)L6a•5757-
Mailing Address: 3c a S. Be. „ 'k- a.-oo
Location of property: _-r, R�. s z z / N. �,/.-,t,t P, k�) r A s c c
1100 "J
AI , i R� J 7 6
7k4 s k ij
/ o a �+4 i • J ' a r
c.ilvbat+'51k d
'CC ees1 Me.�.
✓.'ie/Aim
Or.,'AW
141,14C
Current Zoning
F[re Marshal's Comments:
Zoning requested: d • _3 Acreage: f. 6 v
16•-.3 /K9.�-
Fire Marshal's Signature & Date: �' \
I'�a►t t to Fhv MWnhal - pteaae etnrn 'Flits Form to the AvOcan1
,?
•
COUNTY OF FREDERICK, VIRGMA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No.RZOI-0001 Date Received 02/20/01 Date Reviewed 03/14/01
ApplicanC Paintur-Lewis P.L.C.
Address 302 S.Braddock Street
Winchester, Va. 22601
Project Name Winchester Equipment Phone No.540-662-5792
Type of Appli,ea:tion Rezamg Current Leaning RA
Is(Due Hre Co. l5 Ist Due Fescue Co. 15 Election District Gainesboro
Tax I.D. No. 42-A-188 & 42-A-189
RECOMMENDATIONS
Automatic Sprinkler System Residential Sprinkler System
Automatic FireA.larm.System Other
REQUIREMENTS
Emergency Vehicle Access
Adequate XX Inadequate Not Identified
Fire Laces Required Yes XX No
Comments: Water for firefighting available nearby for shuttle, water Iine
extension would increase pratectim capabilities.
Roadway/Alsheway Width® Adequate Inadequate Not IdentiiiedXX
Special Hazards Noted Yes No XX
Comments ; Access to and around structures identified during site plan phase.
No significant impact to Fire & Rescue Services.
Hydrant Locations Adequate Inadequate Not Identified XX
Siamese Location Adequate Inadequate Mot Identified XX
Additional Comments Aaached7 Yes No XX
Plan Approval Recommended? Yes XX No
Signature.
CJ
L
Rezoning Comments '7
�;^' ,"•z: "-Y�J<.T'�' r ti:�; iu:�t"'7i ti�:I..:>us:��s:•�"'�Sr':j.'t;;:zl::`�.;1�.�7:i�.�:.tu"IP:L°:.1:'tJ�Hi;i:!1'.?.'ti�:�`dP'.3�.u.'!
Frederick -Winchester Health Department
Mail to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Winchester, Virginia 22601
(540) 722-3480
0121
Hand deliver to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Suite 201
Winchester, Virginia
Applicant: Please filloiit.the-Yiiformation; as accurately as possible in order to assist the. ,
Frederick-Winchester`Health`Department with their review: Attach a copy of your
`application form ,l'ocation'.majp 'proffei statement, impact analysis, and any other _
eirtinerit info ,m . .
Applicant's Name:
Mailing Address
0. •, -fir -. L-cw', 5, ?. C.. C. Telephone: (6q o) G (� z 7 , z
3 o z. S. 3 / � 48 o c.V-- 5 k , S '► z_�
✓/f
Location of property: U z.z
N. 7 �_ �c sS 7l e J%<. i 5 f o c.a..�c.� ca c� ig c .� ✓�•! f I �e
c d ct cc e 1S rKo yet V '/ r c / c. /ix 111" I le , I
Current zoning: 0 Kit Zoning requested: 6.3 Acreage: Y. ( y
/� . R i \/ 7.)—
F rederick-Winchester Health Department's Comments:
Health Dept. Sicy
gnature &Date:
Noticc.to 11ealtl .Department = PIease R turn `1?his Form to the Applicant:
26
�J
Rezoning Comments
Frederick County Department of Public Works
IN/fail to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5643
Hand deliver to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
County Administration Bldg., 4th Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill'oiti tfie'iifoirriation as accurately as"possible in order to assist the
Detjartriient o£.Public'Works : itl alieir review. Attach a;copy of your application form;' • .
locafioii=miap; Iiroffe, 5 atement;. impact analysis;. and, any other pertinent information:
Applicant's Name: Pa ,"', I,,-- ,C.-e,.,,:� /� L, C . _ Telephone: 6 yo) „ (,a -s? 9 ;,-
Mailing Address: s- b/-G, d.! 0C-K SI, "s /-e , o? 0 0
vv( a a (D o /
1
i
1
Location of property: U. S. RU . s z z, (N. �i��(e �;�k �,`I(.e) U..-d V A s,ec k4-- c, 27
0011OV3 21•37 py-Prs.s Ti_e ae/jaCCIL(- �illGe�/v,,•�s�e�
c,.,-c( elc c e ss 0.0 (btu V
Current zoningP k A Zoning requested: J - 3 Acreage: ,
/ c/ 7 -S
Department of Public Work's Comments:
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Public Works Signature & Date.
Notice_to,Dept. of Pub,lic.WOo
s = Please ,Rctur-&This ]Form to the Applicant
21
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RezoninQ Comments
Frederick County Attorney
Mail to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6383
Hand deliver to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia
Applicant's Name: 6)ol— � o�`�` ~ �,,P.. . Telephone: �����J 6d S7g a
Mailing Address: jo :S k . Zoa
% .-,c- �� t { Q �i ✓/1 02�y /
Location of property:
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SEC Ae 79
o-1 1� �-37 )3Y _ P2.rs 7Tt�e
/ o c-C-"ca c// a c ej
V:6- ntiA-v KerI-
Current zoning: 6)
Zoning requested: 13.33
Acreage: �, y
County Attorneys C mments: j
s'ei��� �J�w� V�O i6G:, e A 4 W1G1� 1((V4
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Assistant County'Attorney
Signature &
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atrce:to:::Ca.cr�� AtEo�rne. ;::».:'lestr:n»Y'Is:;`grm tn,>t6>r.Ppl
.................................::.>............:.................:.........:.......... �, C" EIVC1
18 APR 1 9 2001
1D
DEPT. OF PLANNNG/DEVELOPMENT
PAINTER-LEWIS, P.L.C.
LETTER OF TRANSMITTAL
From: Ms. Monica Butts Date: February 19, 2001
To: Mr. Jay Cook Time: 11:35 A.M.
Company: Frederick Co. Commonwealth Attorney Dept.
107 N. Kent St.
Winchester, VA 22601
JOB: Winchester Equipment Job No.: 0009005
Dear Mr. Cook:
For your review please find enclosed, a copy of the Impact Analysis Statment
and a Rezoning Comment sheet for Winchester Equipment.
Please contact this office if you would have any questions or concerns.
Sincerely,
Monica Butts
Office Assistant
C00K
J4- G ��
VOICE:540-662-5792 FAX:540-662-5793
302 South Braddock Street, Suite 200, Winchester, VA 22601
a
0
C7
IMPACT ANALYSIS STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 42 ((A)) 188 and 42 ((A)) 189
Gainesboro Magisterial District
Frederick County, Virginia
February 14, 2001
Prepared for: Mr. Doug Rinker
Winchester Equipment Co.
620 Pennsylvania Ave.
Winchester, Virginia 22601
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@mnsinc.com
Job Number: 0009005
IMPACT ANALYSIS STATEMF"'
hT
PARCEL ID 42 ((A)) 188 and A)) 189
i. INTRODUCTION
• Winchester Equipment Co. (the applicant) is a business that deals with the sales,
service, parts, and rentals of agricultural equipment, construction equipment, outdoor
power equipment, and material handling equipment. The company is currently located
in the city of Winchester, Virginia. In an effort to expand the business, the company
desires to purchase two adjacent parcels along Rt. 522 in Frederick County, Virginia
and relocate the business to this new location. The subject parcels are identified by
Tax Map Numbers 42((A))188 and 42((A))189 and are currently zoned RA (Rural Areas
District). The present owner of the parcels is E. Frank Smith. The combined area of
these two parcels is approximately 23.39 acres and both parcels are currently used for
agricultural purposes. Surrounding parcels are primarily zoned RA and are used for
residential and agricultural uses. Please refer to Exhibit 1 and Exhibit 2.
The applicant desires to rezone the 23.39 acres of the subject parcels from RA to B3,
Industrial Transition District. The intended purpose for the rezoning is to obtain a
zoning classification that will allow for the relocation of the Winchester Equipment Co.
to a site of sufficient size to accommodate current and future operations. Winchester
Equipment Co. plans to utilize approximately 15 acres for the business. There are no
current plans for the utilization of the remaining 8.39 acres.
A. SITE SUITABILITY
• The Frederick County Comprehensive Policy Plan includes the subject parcels within
the Route 37 West Land Use Plan study area. The study area includes 645 acres
bounded by Route 522 to the north, Route 37 to the east, the Round Hill Community
Land Use Plan boundary to the south, and a definitive ridge line to the west. The Land
Use Plan calls for the site to remain is its present, pristine condition, continuing the
present land use of orchards while preserving the historic integrity of the battlefield
(see SECOND BATTLE below), as well as potentially significant properties identified in
the Frederick County Rural Landmark Survey.
The Route 37 Land Use Plan recognizes that a system of major collector roads will be
necessary to promote the safe and efficient movement of traffic from Route 50 to Route
522. One possible route for a road connecting Route 522 to the south, and on to Route
50, is located at the site of the proposed rezoning. This route would connect to Route
522 at the existing signalized intersection of Route 679 and Route 522 directly in front
of the site.
Directly to the west are several tracts of land zoned for residential and commercial
uses. This area is generally defined in the Comprehensive Plan as the Albin Rural
Community Center. These tracts include the Virginia Farm Market (132), Omps Garage
(M2), Albin Ridge Storage (133), Frederick County Bus Maintenance Facility (M2), and
• the Tavener Trailer Park (MH1).
page 1
IMPACT ANALYSIS STATEIA`NT
PARCEL ID 42 ((A)) 188 and_ ((A)) 189
The site contains frontage on Route 522. This provides the site with good access and
excellent visibility from an arterial highway. The gently rolling topography of the site is
well -suited for commercial construction. The development of a low intensive, retail -type
store which has a significant agricultural client base provides an acceptable extension
of the Albin Community Center. A significant portion of sales at Winchester Equipment
Co. involves farm machinery. The location along the Route 522 corridor, near the
Route 37 By-pass, fits the Comprehensive Plan's concept of the "Idealized Interchange
Development Pattern". Commercial development of the site will facilitate the
construction of the major collector road as envisioned by the Comprehensive Plan. The
absence of public water and sewer service will limit the amount of commercial
development possible on this site, thus preserving a rural character to the commercial
development.
SECOND BATTLE
The Second Battle of Winchester took place on June 13-15, 1863, about two weeks
before the Battle of Gettysburg, PA. The battle began on the twelfth of June to the
south of Winchester around Middletown. Confederate Major General Richard S. Ewell's
Second Army Corps was moving toward Winchester from the south as part of General
Robert E. Lee's plan to advance across the Potomac River in order to "take the battle"
to the north. The Corps consisted of the divisions of Edward Johnson, Jubal A. Early,
and Robert E. Rhodes. At that time, Winchester was occupied by the Federals under
General Robert Milroy with the Second Division of the VIII Corps, approximately 6,900
men. Protecting the B&O Railroad was the primary objective of the Federal garrison at
Winchester. Milroy occupied three earthworks on ridges along the western edge of the
town, Fort Milroy, Star Fort and West Fort. West fort was located on the ridge south of
Route 522 and east of Route 37 approximately '/ of a mile east of the property
proposed for rezoning.
Ewell's plan to take Winchester consisted mainly of sending Johnson's division to
Winchester by way of Front Royal Pike while sending Early's division to the west of the
town to flank the Union right. Ewell considered the high ground to the west of
Winchester to be the key to driving the Federals from the town.
Early used the ridges to the west of West Fort to conceal his movements. Two batteries
of guns were placed on the ridges. One battery was located to the northwest of West
Fort near Route 679 while the second battery was placed approximately one half mile
south of Route 679 along the ridge. The first battery was likely located on the ridge just
to the southwest of the site. The attacking infantry was located generally between the
two batteries of guns. On the evening of June 14, 1863, Early attacked West Fort
across what are today cornfields and orchards between Apple Pie Ridge and Route 37.
It is likely that a portion of the confederate infantry, led by General Harry Hays,
attacked West Fort from ground to the south of the site of the proposed rezoning. The
confederates overran West Fort. The union troops were either killed, captured or
escaped to Star Fort and Fort Milroy. Early the following morning, General Milroy
• evacuated the two remaining forts with the intention of escaping under cover of
darkness to Harper's Ferry. Unfortunately for the Federals, Edward Johnson's troops
page 2
IMPACT ANALYSIS STAT �A-NT
PARCEL ID 42 ((A)) 188 anV2 ((A)) 189 •
is
anticipated Milroy's escape and were waiting at Stephenson's Depot. See Exhibit 5 for
an approximate overview of the battle for West Fort on June 14, 1863.
100 YEAR FLOOD PLAIN
FIRM Community Panel Number 510063 0105 B shows the subject area to be outside
of any flood hazard zone.
WETLANDS
No wetlands have been identified on the site.
STEEP SLOPES
The property generally slopes to the northeast toward Rt. 522. Slopes decrease in
severity as they approach Rt. 522. The slopes range from 2-15% across the site.
MATURE WOODLANDS
There are no mature woodlands located on this site. The property is currently under
agricultural cultivation. Corn is the most common crop on the site.
SOILS
According to the Soil Survey of Frederick County, the site contains the following soil
• type: Frederick-Poplimento Loams: 14B (2-7%) and 14C (7-15%). These soils are apart
of the Frederick-Poplimento-Oaklet association which are gently sloping to very steep,
very deep, well -drained soils formed in material weathered from limestone. Depth to
bedrock is approximately 60 inches or greater. The unified soil classifications are: GM,
GC, ML, CL, CH, SM, and SC. Certain areas of the site are suitable for a sanitary
subsurface absorption system.
B. SURROUNDING PROPERTIES
The parcels to be rezoned are bordered on the east by a single, vacant parcel that is
owned by the Fruit Hill Orchard, Inc. To the south is land used for agricultural purposes
(also owned by Fruit Hill Orchard, Inc.). The western property line of parcel 42((A))188
is bordered by three parcels all of which are zoned RA. One of these is owned by the
School Board of Frederick County and is used as a trash transfer station. A second
parcel other is owned by C. Joseph Lizer and is currently vacant. The third parcel
adjacent to the western border is currently used for residential purposes and is also
owned by C. Joseph Lizer. The northern property lines are adjacent to Rt. 522 (North
Frederick Pike) and Rt. 679 (Indian Hollow Rd.). On the opposite side of these
right-of-ways are four parcels. Two of the parcels are currently vacant, owned by
Stewart S. Yeakley. The third parcel is used for residential purposes and is owned by
• E. Frank Smith. The fourth property is zoned B2, is used for commercial purposes, and
is owned by Charles and Leda Lizer. All other properties adjacent to the site in question
page 3
IMPACT ANALYSIS STATEM ' T
PARCEL ID 42 ((A)) 188 and ((A)) 189
are zoned RA. Potential adverse visual impacts from the proposed rezoning of the site
will be mitigated by existing vegetative screening and by the buffering and screening
• requirements of the Frederick County Zoning Ordinance. Please refer to Exhibit 3.
C. TRAFFIC
Winchester Equipment Co. is currently set up to operate with 43 full-time and 2
part-time employees. Of the 43 full time employees, 33 work full-time at the facility. The
remaining 10 employees work in traveling positions and do not use the facility directly.
According to the company, future expansion of the business is not anticipated to
exceed 10% (47 employees) in the near future of the company. Traffic will enter and
leave the property via an entrance onto Route 522. According to figures from the
Virginia Department of Transportation, the Average Annual Daily Traffic on Route 522
in 1999 at this location was 18,000 vehicles. The Average Annual Daily Traffic on
Route 679 in 1999 at this location was 2,800 vehicles. Both of these figures are
factored to account for all motorized vehicles.
Traffic impacts from the proposed rezoning will be estimated using the figures in the
ITE Trip Generation Manual, Sixth Edition. Since no specific land use is being proffered
for the site, the category of Land Use which will be applied to the 23.39 acres proposed
for rezoning reflects the most intensive use, that is, retail sales. The Frederick County
Capital Facilities Fiscal Impact Model assumes that a potential 440,855 square feet of
retail sales space could be built on the site. The type of retail use that will serve as a
• model for traffic impacts will be Specialty Retail Center, Code 814. Specialty Retail
Centers are generally small strip shopping centers that contain a variety of retail shops
and specialize in quality apparel, hard goods, and services such as real estate offices,
dance studios, florists, and small restaurants.
Specialty Retail Center, Code 814
Based on a projected gross leasable area of 440,855 square feet:
• Weekday: 40.67 trips per 1000 sf = 17,930 trips
■ Sunday: 20.43 trips per 1000 sf = 9,007 trips
■ Weekday A.M. Peak Hour: 6.41 trips per 1000 sf = 2,825 trips
■ Saturday: 42.04 trips per 1000 sf = 18,534 trips
• Weekday P.M. Peak Hour: 4.93 trips 1000 sf = 2,173 trips
While the potential for this volume of office traffic exists if the site is rezoned to B-3,
given the rural character of the immediate area and the fact that the site is outside the
Frederick County Sewer and Water Service Area, these potential traffic volumes are
likely very inflated. These traffic volumes could be supported only by the development
of utility and highway infrastructure. Prior to any development, the developer/owner
would be required to apply to Frederick County for site plan approval, and VDOT would
• perform a full review of any commercial development. Traffic impacts would be
mitigated at that time by the design and construction of improvements to the
page 4
IMPACT ANALYSIS STAT&ENT
PARCEL ID 42 ((A)) 188 42 ((A)) 189 •
intersection of Route 522 and Route 679. These improvements must be coordinated
with the design of a potential major collector road running north to south through the
• site. See Exhibit 3.
In order to mitigate potential traffic impacts and to conform to the Comprehensive
Policy Plan for Frederick County, the owner will proffer the reservation of an 80' strip
for the future development of a north/south major collector road within the subject
parcels. Please refer to Exhibits 3 and 9.
D. SEWAGE CONVEYANCE AND TREATMENT
There are currently no public sewage facilities available to serve the site. The site is
outside the Frederick County Sewer and Water Service Area. A recent investigation of
the on -site soils has revealed that the soils are well -suited for the installation of a
subsurface absorption system for the disposal of sewage. The developer of the
property will apply for the necessary permits to install an on -site disposal system at the
site plan stage.
E. WATER SUPPLY
There are currently no public water service facilities to serve the site. The site is
• outside the Frederick County Sewer and Water Service Area. It is anticipated that an
adequate water supply can be obtained from a standard commercial well to be drilled
on the site. There is an existing on -site well which may be adequate to serve the
proposed use. Any well and water supply works will have to comply with the standards
of the Virginia Department of Health, Office of Water Programs.
F. DRAINAGE
The site is located at the top of a broad, flat swale which eventually discharges to
Babbs Run. Storm water runoff must pass beneath Route 522 after it leaves the
property. There are no permanent or intermittent streams on or near the site. Babbs
Run flows through Lake St. Clair and eventually to Back Creek.
An increase in storm water runoff can be expected with any development on the parcel.
Storm water management will be provided in accordance with the Frederick County
Code, Chapter 165. It is anticipated that storm water detention facilities will be created
to serve the proposed development.
G. SOLID WASTE DISPOSAL FACILITIES
• The nearest solid waste transfer facility is located adjacent to the proposed site on Rt.
679, Indian Hollow Road. No additional solid waste disposal facilities will be required
page 5
IMPACT ANALYSIS STATEM •
PARCEL ID 42 ((A)) 188 and �(A)) 189
for the proposed development. The amount of solid waste generated by the
development can be estimated based on one pound per employee per day. Using a
• figure of 40 employees per acres, the estimated number of employees is 936. Tipping
fees are $35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected
to meet waste disposal needs can be estimated by:
cost = cost per ton of waste x tonnage
$10,250.00 = $60.00 x (lx936) x (112000) x 365
H. HISTORIC SITES AND STRUCTURES
The site contains no known historic sites or structures as listed on the Virginia
Landmarks Register and the National Register. According to the Comprehensive Policy
Plan, there are several identified historic sites as shown in the Frederick County Rural
Landmarks Survey that lie within a mile of the site. These include 1410-Fruit Hill Farm,
1411-Fruit Hill Tenant House, 558-Solenberger-Dove House, and 559-House-Route
679. The Rural Landmarks Survey Report lists several other structures within
approximately one mile of the site, which were inventoried due to architecturally or
historically significant sites or structures. Please refer to Exhibit 4.
A significant portion of the Second Battle of Winchester took place on ground near the
site proposed to be rezoned. The Owner recognizes the importance of the historic
heritage of the Civil War battles, and proposes to proffer certain conditions to mitigate
impacts to the adjacent sites. See the attached Proffer Statement.
I. COMMUNITY FACILITIES
EMERGENCY SERVICES
Police protection is provided by the Frederick County Sheriff's Department. The nearest
fire and rescue facility is the Round Hill Community Fire Company located on
Northwestern Grade. No additional fire and rescue facilities will be required for the area
proposed to be rezoned. The Frederick County Capital Facilities Impact Model
calculates that the projected capital cost for emergency service facilities attributable to
this development is $00.00. The owner recognizes the importance of emergency
services, and proposes to proffer a monetary contribution to the local emergence
responder. See the attached Proffer Statement.
PARKS AND RECREATION
• The Frederick County Capital Facilities Impact Model calculates that the projected
capital cost for public park facilities attributable to this development is $00.00.
page 6
IMPACT ANALYSIS STATE T
PARCEL ID 42 ((A)) 188 and*((A)) 189
. J.OTI
The I
additic
• Put
• sir
• ShE
• Adr
• Oth
After
to item
•
•
•
0
OUTPUT MODULE
APPLICANT: PIN 42-A-188 d 189 Net Fiscal Impad
LAND USE IF FIE Heavy Commsr C--LS of �itg-_jo `T�e
Total Pctential
Adjustment For
REAL EST VAL S26,694,539 Required (enter6d in Cur. Budget Cur. Budget Cap. Future CIP/
Tax Crt:&s
Revenue-
Net Capital
Net Cost Per
FIRE & RESCUE g Capitai.Facbii Col sum only) 9DvCAp-FOSlP F ROP-AO $ Ta-;S. Other
(lfni4fO,I
C95b12mG�
Facilities..lmlad
Dw6hng-Unll
Fire and Rc--cu6 Deparimenl 515v,Sg5
50
50
<.1?8,545
ERR
Elementary Schaols bo
Middle Schools s0 $o SD
So
SO
so
ERR
High S0ho01s SO
Parlcs and IRW--atidn i0 $0
SO
—
SD
;0
EkR
Public Library w 50
so
50
ERR
Sheriffs Offices s0 $8,763 so So
$3,763
S6,763
50
ERR
Administration HSo SO
SO
SO
:0
Euildi^9 R
OTer IVliscr:llaneouo Facilities �0 5101,50 $20,444
S122.041
$122,041
;0
EkR
SUBTOTAL $156,545 S110,360 520,444 so
S1339.804
S130,804
S25,740
ERR
LESS: NET FISCAL IMPACT $17,115.278
517,115,278
S17,11g,278
a.
EP
NFT CAP. FA(:ILI7IES IMPACT
INDEX,: -1,0" If Cap. EgL:p Included: 1.0
INDEX: '1 0" if Rev-GOCI Bat, 'O.o^ if Ratio to Co,va 0.0
R?v-Gosf Be]
PI.ANN!NG DFFT PREFEF�EN(:ES 1.0 1,0 Ra04 10 &o Avg =
1.433
t,jF 0DoLOCy`^ 1, Cspi.al facifitieS requirements are inpUt tq the first Cottlrrm es calculated in the model.
7. Na, Fiscal impact NPV from oPe afions calcuiati0.ys is inP4t in row total of second colum:l
(za , if negative): iriduged gre t1e oneAhe taxesifees for one year only at full value
3. NPV of future oper rzp equip taxes paid in third column as cafa.'2,ed it fis:al impacts.
4. t F V c` fupir oapilat expend.'ture taxes paid in foyrh r';0I as catau 2tad in frs�I tmpacts.
5. NPV Of future t,�eo Paid to P(nR cur --nt county up to standard for it— fatal ties, as
CSICIAted for each new facility.
S. Coiunl!ts f im-- through five are adder as potenlial edits against the atculaled capital
1.::iRies requrrer^_--nts. these are aCiustg..d fer pe cent of c=tS mere.,', by ne ve�/wues
,Tim the prcjeC< (actue, 0r as ratio 1p avy, f� all residanti4l cevelofMent).
NOTE: Prctffer calculations do not include ctdude inta-est beceusa they are cash payments up front. Credits do include kl%resl 8
the prdJeols are' deb: financed.
NC) .;; ` Model Run �'le 0;908101 EAW
P.I.N. 42-A-185 & 189 Rezoning: Assunxs 440,855 sq.fi. retail on 23.39 acres zoned S-3
Dde to changing coriditians associated with devetopmenl in the County, the hesults of this
Output M,o,4010 may not be VI -lid beyond G period Gf 90 day; from the n- rdei nm dale.
•
•
FRUIT HILL ORCHARD, INC.
53-A-2
145.93 ACRES
ZONED: RA
USE: VACANT
AREA TO BE REZONED DB: 296 PG:302 N 60'40'30" W
_ N 70'1856" W 852,73' _ IRF 115.66'
'�4 95 Ob : IR
FRUIT HILL
ORCHARD, INC.
42-A-1 90
7.88 ACRES
ZONED: RA
USE: VACANT
DB: 543 PG:173
;n
S 46'0827" E
118.12'
I\. i\�+\..�,`,\`.` 1 -... A•. C. JOSEPH LIZER
L\� ''•�` .� ' .. �' �.,. ! 5.20 ACRES
ZONED: RA
��.N �.��'`. \, I� USE: VACANT
E: ♦FRAPl.K `SMII EI:~�� .. ^``.E� '1.RANK �M1TH :' `ice DB: 793 PG:703
4
R=2143, 48' �
L =231, 48'
CH= S 37'il'46" E - 23 37'
E. FRANK SMITH
I 42-A-226
4.66 ACRES
IZONED: RA
USE: RESIDENTIAL
DB: 588 PG:638
STEWART S. YEAKLEY
42-A-227
35.93 ACRES
ZONED: RA
USE: VACANT
DB: 68 PG:155
' - CHARLES JOSEPH LIZER
42-A-184
5.43 ACRES
ZONED: RA
USE: RESIDENTIAL
DB: 898 PG:408
FO!/ND'
� IRS
``• a 55'3B'00" E
93,14'
MEl HE'D=, �-`p SCHOOL BOARD
BkCHES'Tj' ! OF FREDERICK CO.
42-A-1 86
!CK LNFRAHE`y, x 1.00 ACRES
VITN rAAK ti ZONED: RA
E: TRANSFER STATION
POST AT
— FENCE C ER
Iiy�JA� �
II STEWART S. YEAKLEY
4-2-A-227
35.93 ACRES E. FRANK SMITH PROPERTY
FREDERICK COUNTY, VA
SCALE:1'=250' DRAWN BY: JC
DATE:14NOVOO JOB #00D9005 REVISED:
PAINTER-LEWIS, P.L.C.
WINCHESTER, VIRGINIA
DRAWING ND.:
PROPERTY MAP EXHIBIT 1
ZONED: RA
USE: VACANT
DB: 68 PG:155
CI ARRES & LEDA LIZ
42-A-228
1.75 ACRES
ZONED: 62
USE: COMMERCIAL
\ DB: 316 PG:707
IMPACT ANALYSIS STATEMENT
PARCEL ID 42 ((A)) 188W 42 ((A)) 189 •
0
•
EXHIBIT 2 - LOCATION MAP
a
o
LO u
� v d
"!' Woodslds Place
rn
L):
Ashton Dr.
Rt 6�9 Rt. 72
04
Tovenner
Troll—
O
°a Par , N
S
o Rt, 739
O
C �}
J
A
SITE Fawrld e Lone
E. FRANK SMITH PROPERTY
FREDERICK COUNTY, VA
CALE:1'=1000' DRAWN BY: JCL
DATE;14NOVOO JOB #0009005 REVISED:
PAINTER—LEWIS, P.L.C.
WINCHESTER, VIRGINIA
DRAWNG NO.:
LOCATION MAP EXHIBIT 2
page 10
0
25' PROFFERED ACTIVE BUFFER
25' PROFFERED INACTIVE BUFFER
42-A-190
ZONED: RA
USE: VACANT
S 46A917" E
11812'
IRF
53-A-2
ZONED: RA
USE: VACANT
N 707B56" W
BO' RESERVE STRIP FOR FUTURE ROW
III
I �
42-A-189 I 42-A-188
8.64 ACRES I I 14.75 ACRES
ZONED: RA I I ZONED: RA
USE: VACANT I I USE: VACANT
h
1
J \
\ \ S FOUNDNE
I \ \ m
RS
74J
50 R-214BR7 x-
W= S37146" E - 231.37 48'S
I42-A-226
ZONED: RA
USE: RESIDENTIAL
42-A-227
ZONED: RA
USE: VACANT
N 6040"10" W
/- 115..56'
I IRPRETIVE SITE
NTE
EASEMENT
42-A-187
ZONED: RA
USE: VACANT
J 25' ACTIVE BUFFER
W 75' INACTIVE BUFFER
N
42-A-184
ZONED: RA
USE: RESIDENTIAL
IRS
55:3BY�'1" E
9.114
N 147B;37'" E
419.01
42-A-186
ZONED: RA
USE: TRANS. STATION
AT
CORNER
J7y�JAN ti�
'��✓ <vA sE� � pq.I
42-A-228
ZONED: B2
USE: COMMERCIAL
42-A-227
ZONED: RA E. FRANK SMITH PROPERTY
USE: VACANT FREDERICK COUNTY, VA
SCALE: 1'=250' DRAWN BY: J C L
DATE:23MAR01 JOB #0009005 REVISED:
PAINTER-LEWIS, P.L.C.
WINCHESTER, VIRGINIA
DRAWING NO.:
SITE DEVELOPMENT PLAN EXHIBIT 3
IMPACT ANALYSIS STPTEMENT
PARCEL ID 42 ((A)) 18*d 42 ((A)) 189
C� J
0
EXHIBIT 4 - HISTORIC STRUCTURES MAP
umber
I Common Name
use nearSdnes Cha I dem.
Number
I Common Name
Rouse, Rf. 799
34.10
34-543
3449 ITenant
3451
House at Long Green
Hnucrn rnarl to I nnrr Groor,
34 544
on Inc
Faith Revival Center
c �..._
34-67
House, Rt. 739
34-546
Gre stone Farm
3468
Lewis House
34-547
House, Rt. 789
34.70
Bond House
34.548
House, Rt. 789
34100
Lon Green
34.549
Re nolds, Lloyd House
34.450
Armel School
34-550
Howard House
34528
Clarke House
34-551
Un ees Maple Hill
34-530
House, Rt. 522
34.552
Buncutter House
34-531
House, Rt. 522
34-553
Hudson House
34-532
Yeakley House
34.554
Mayes House
34-533
House, Rt. 522
34.555
Factory Outlet, The
34-537
Davis, G.H. Store & Station
34-556
House, Rt. 679 at Rt. 789
34.538
Janney- DaVis-MasseHouse
34.557
Jude Tavenner Place
34-539
Albin Cash Grocery
34-558
Solenbe er-Dove House
34-540
Luttrrell, Howard House #1
34.559
House, Rt. 679
347541
Luttrell, Howard House #2
34-1410 IFruit
Hill Farm
34.542
House, Rt. 789
34.1411 lFruit
Hill Tenant House
page 12
•
•
•
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;;H p;'�i, •a) ?�� �.`` �I' �,. 1... �� -� E. FRANK SMITH PROPERTY
FREDERICK COUNTY, VA
O SCALE. 1 =2000' DRAWN BY: J C L
1 `lid:.. '1 , (! 1 DATE: 14FE801 J08 #0009005 REVISED:
THE INFORMATION SHOWN ON THIS MAP WAS TAKEN FROM PAINTER—LEWIS, P.L.C.
AVAILABLE INFORMATION AND IS DEEMED APPROXIMATE. WINCHESTER, VIRGINIA
WEST FORT BATTLE DRANMNG NO.:
EXHIBIT 5
U
FREDERICK COUNTY
SANITATION AUTHORITY
P.O. Box 1877
Winchester VA 22604-8377
JAMES T. ANDERSON, Chairman
ROBERT N. CARPENTER, Vice-chairman
ROBERT F. MOWERY, Sec -treasurer
JOHN STEVENS
GREGORY W. HEWITT
RICHARD A. RUCKMAN
September 19, 2000
Mr. John K. Butler
Winchester Equipment Company
620 Pennsylvania Avenue
Winchester VA 22601
REFERENCE: PIN 42-A-188 and 42-A-189
Dear Mr. Butler:
Wellington H. Jones, P.E.
Engineer -Director
Ph. — (540) 868-1061
Fax. — (540) 868-1429
In response to your letter dated September 12, 2000, water and sewer service is not available to the
referenced property. It is outside the area designated for that service in Frederick County's
Comprehensive Land Use Plan. Thus, the Authority is unable to agree to such service without approval
from the County. Even with such approval, the existing water system does not have the operating
pressure to provide adequate service to your property. For these reasons and others, I strongly advise
you to consider an on -site system, should you be allowed to develop your property.
Sincerely yours,
W. H. Jones, P. E.
Engineer -Director
/ths
cf. John R. Riley, Jr.
Kris Tierney RECEIVED
S E P 21 2000
DEPT. OF PLANNINGIDEVELOPMENT
WATER AT YOUR SERVICE
WINCHESTER EQUIPMENT COMPANY
Equipment!Agricultural, Construction, Material Handling
Since 1957
SALES • SERVICE • RENTALS • PARTS
www.winchesterequipment.com
September 12, 2000
Mr. Wellington Jones
Frederick County Sanitation Authority
P.O. Box 1877
Winchester, VA 22604
Dear Mr. Jones,
FCSA
Winchester Equipment Company had experienced rapid expansion and is unable
to continue to operate at our existing location. We have purchased a total of 23.39 acres
Frederick County, contingent upon the availability of water, sewer, and rezoning.
The location of the property (two adjoining lots) is beside the dumpster collection
site on 522, north of the 37 by-pass and across old 522 from the Virginia Farm Market.
The property, currently in corn, is very close to FCSA's newest storage tank on land
formerly owned by Mr. Robert Solenberger. The property is defined as Tax Map Numbers
42-A-188 and 42-A-189.
Our intention is to install a semi -closed equipment wash area and system using a
looped configuration. We also intend to rezone to a B-3 designation or similar
classification as required for business such as ours.
It is very possible that our business may not require the entire 23.39 acres. If that
proves to be the case, it is possible that an additional business or businesses may also
occupy a portion of this property.
This property is virtually across the road from the School Board's Maintenance
Facility. Perhaps they too could benefit from the accessibility to water and sewer
services.
Please advise what necessary action(s) we must take in order to provide a
speedy process of application and approval. Do not hesitate to contact myself or the
President of our company, Doug Rinker, should you have any questions or suggestions.
Sincerely,
hn K. Butler,
Chairman of the Board
p.c. John Riley
MAIN OFFICE
Winchester Equipment Company
320 Pennsylvanie Ave.
Ninchester, VA 22601
3us: 540/667-2244; 1-800-323-3581
_AX 540/665-3058
BRANCH
Computer Technology Services
620 Pennsylvania Ave.
Winchester, VA 22601
540/667-0437
BRANCH
Bobcat of Virginia
13125 Arto Street
Bristow, VA 20135
703/754-3300
FAX 703/754-4400
� 0
•
IMPACT ANALYSIS STAT .MENT
PARCEL ID 42 ((A)) 1881 42 ((A)) 189
EXHIBIT 7 - PROPERTY DEEDS
i —'LTLY t.:''St•tI'1'II.. �._._.._........._.___ -- __.._�.
DI SCLAIME'll
* A** A* h A* A A* A**** A h h
S lO boos 524 pm 81
DISCLAIMER
kPureuanc to Chapter 8 o_FT_t1`o64 of Code of Virginia)
I, Lela I. Smith, do hereby disclaim the following property
devised to me under the Will of Guy E, Smith. The effect of
this disclaimer shall.be the roleaao of all my interest in the
following property but not a release of the other property
devised to me under the Will of Guy E, Smith;
(1) All of those two certain tracts of land,
collectively containing 23 Acres, more or Joao,
situated on the South aide of Route 522 in
Gaineaboro Magisterial District of Frederick
County, Virginia and being the same property
convoyyed to Guy E. Smith by deed recorded in
the Clerk's Offir.o of the Cir.cnit• Court of
Frederick County, Virginia in Deed Book 159
at Page 201 , and in Deed Book 177, at53.'.
(2) An undivided one-third interest (being all,
the interest of Guy E. Smith) in a certain tract of
land, containing 46 Acres, more or leas, situated
about 15 miles West of Winchester in Back Creek
Ma iaterial District of Frederick County, Virginia,
and being the same property conveyed to Guy E. Smith
and others by deed recorded in the Clerk'o Office of
the Circuit Court of Frederick County, Virginia in
Deed Book 260 , at Page 299
(3) -An undivided ono -half interest (being one-
half of.the interest of Guy E. Smith) in "Rosedale
Farm", containing 462 1/2 Acres, more or less,
situated near Albin in Gaineaboro Magisterial
District of Frederick County, Virginia,
Dated this P day of .oi'Ili MIT lam_ 1980.
5
ala 1.Smith����
STA OF VIRGIVIA, //
OF 11g UL ch 1 To -Witt
I, , a Notary Public of and
for the State and-akor'- aea� 7; do certify that Lela I.
Smith, whc�ae name a a to the foregoing writing, bearing date
on the Y day of 1980, has acknowledged the
same ba ore
ma in my tate an aforesaid.
Given under my hand this L day ofl��c- 1980.
My commission expirax
' Notary Tublic
i
PACE ONE OF TWO PAGES ,
page 15
•
0
I
! DOOK 524 PACE 82•
I hereby certify that a true copy of the foregoing Disclaimer
has been mails to E. Frank 8 i h, Executor of the Estate of Guy,E.
Smith, this day of 1980,
I
Lola Z, �SmIth
i
' .warr nowtiv,5rr. /
T Ill. ..., wdq trod«" i to liw '
Mil „ ,
at...../
rt„ on , day 01
..a1Jet,�hG'�utn:ilc'W+<kfWWN4�fMnlltwM�
MI1�t1�{
to I%CNd,
v ..1�ii�'• V ! ' .
MUD '
FRQa 00, CIERKi Otero,
Rorer
�0 Z5 An 9
S
PACE TF79 OF TL70 PACES
IMPACT ANALYSIS STAAENT
PARCEL ID 42 ((A)) 188 and 42 ((A)) 189
EXI-IIBIT 8 - CURRENT TAX STATEMENT
•
TAX RECEIPT - YEAR 2000
Ticket # :
00297090002 @ n
FREDERICK COUNTY
Date :
1 1/03/2000
C. WILLIAM ORNOFF, JR
Register:
LBX / LM
Trans. N
69738
P. O. BOX 225
Dept #
RE200002
ACCT I/
8009
WINCHESTER, VA 22604
2000 REAL ESTATE TAXES
PCCViOLIS Principal
14.76 ACRES 42 A
188 Balance
$
56.64
Acres:
14.75
Principal Being Paid $
56.64
Land: 17700 Imp:
0 Penalty
$
.00
Interest
$
.00
SMITH, E. FRANK
Amount Paid
$
56.64
*13alance Due
.00
704 INDIAN HOLLOW RD
as of 1 1/03/2000
$
.00
WINCHESTER, VA
22603 3936
Check
56.64 !1
FM 2436
Pcl by
ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST.
(DUPLICATE)
10
10
TAX RECEIPT - YEAR 2000 Ticket IE : 00297100002 a
FREDERICK COUNTY Date 1 1/03/2000
C. WILLIAM ORNOFF, JR Register: LBX / LM
Trans. 11 69738
P. O. BOX 225 Dept # RE200002
ACCT I/ : 8010
WINCHESTER, VA 22604
2000 REAL ESTATE TAXES
Previous Principal
8.64 ACRES
42 A 189 Balance
$
18.30
Acres: 111.75
Principal Being Paid $
18.30
Land: 5719
Imp: 0 Penalty
$
.00
Interest
$
.00
SMITH, E. FRANK
Amount Paid
$
18.30
`"Balance Due
.00
704 INDIAN HOLLOW RD
as of'] 1/03/2000
$
.00
WINCHESTER, VA
22603 3936
Check
18.30
# FM
Pd by
ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST.
(DUPLICATE)
page 16
2436
- r ► •
^1
b
f4hotlT,(�T�,
CoMMONW E. LT H of V IRCjINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY 14031 OLD VALLEY PIKE RESIDENT ENGINEER
TERRY A. COPP
EDINBURG, VA 22821 TELE (540) 984-5600
CHARLES D. NOTTINGHAM FAX (5,10)984.5607
Co1.11.1issoNER March 8, 2001
Mr. John C. Lewis, P.E. Ref: Proposed Rezoning — Winchester Equipment Company
C/O Painter -Lewis, PLC Route 679, Indian Hollow Road @ Route 522
302 S. Braddock St., Suite 200 Frederick Pike Parcels 42((A)) 188 Frederick County
Winchester, VA 22601
Dear John:
A VDOT review has been completed on the proposed rezoning of the referenced property. There are
several information errors on Page 4 of the Impact Analysis Statement which should be addressed.
Under Item C. Traffic: 15t Paragraph on the 8tline,
the
V999DOT ra c volumEste of 15,000 AADT on Route
522 should be 18,000 AADT (see attached Pag 7
Under Section Specialty Retail Center Code 841: This code should be Code 814, Also Saturday 42.04
trips per 1000 sf = 18,534 (minor difference).
Our review recognizes the desirable location for site access to VDOT facility,
Route 522 would be by
3 of the aalysis. Any
etailed
utilization through the intended 80' right-of-way as e accffered on ess cess to Routeh5212 via the 80 Wright of -way to State
site plan developed for these parcels should proved
Route 679 then onto Route 522 by way of the existing signalized intersection at 679/522. VDOT will not
recommend direct access to Route 522 from eitherst on rcel affected
Improvementhis
tsrto Ro uezonier679 and Route 522
equest. Access Will
be required via the Route 679, 522 signalized interse
will be required as part of the site plan submission. Impact ackno slSdtatem ges eAnalysenstatements of intent found
in the final two paragraphs on Pages 4 and 5 oft p
Should these concerns be addressed to VDOT's satisfaction, then before development, etc., this office will
traffic
require a complete set Of construction plans detailingixheEdton for review. VDOT reserves ntrance designs, drainage �the dright to
flow data from the I.T.E. TripGeneration Manuion, and off -site
comment on all right-of-way needs, includingright-of-way performed ondthelStatetsaright of -way tmust be covered
roadway improvements and drainage. Any work
under a land use permit. This permit is issued by this office and requires an inspection fee and surety
bond coverage.
Should you have any questions or concerns, please do not hesitate to call.
Sincerely,
ECEIVED
Barry J. SweitzerjrBn Roadway Engi
For: Steven A. Melnikoff, ransportation Engineer MAR 12 2001
BJS/rf
Enclosures
xc: Mr. Evan Wyatt, Mr
Dave Heironimus
VIRGINIA MOVING
KEPT, OF PLANNING/DEVELOPMENT
Virginia Departme
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
1550 Commerce Street
Winchester, Virginia
Applicant's Name: �Q ,,�� �'� w, s, P,C , C. Telephone:(' ,ao) 6 6 a • 5 7 5a
Mailing Address: 3 cja S, 3/a a/WdLk S,t , S,r<— a oo
W.'.c,.� c✓fir t/,� as c ui
Location of property: U s—Zz (N �ie��e.,�k ��'�� ,��/ i//t s f C �-�b 75
t LOZ11054 GG ((YC.5i
Current zoning: 0 e q-
Rk. 37 3y^/ 4 S r / L P Sf'�-e- i-S /a ,L,/c./ -cC
Zoning requested: 6.3 Acreage: &: �
X. ? / y 7
Virginia Department of Transportation Cemm. ents:
Should these concerns be addressed to VDOT's satisfaction, then before developm mt, e c., is o ice wi
require a complete set of construction plans detailing entrance designs, drainage features, and traffic
ow a a rom e�90T re5ervesthe Figtit tG
comment on all right-of-way needs, including right-of-way dedications, traffic signalization, and off -site
must be covered
under a land use permit. This permit is issued by this office and requires an inspection fee and surety
bond coverage. See attached letter from VDOT dated 03/08/01 to Mr. John Lewis
r
OT Signature & Date: Transportation Engineer 03/08/0
C }�
20
.r r
r' Route
522 Front Royal Pike
Virginia Department of Transportation
Traffic Engineering Division
1999
Annual Average Daily Traffic Volume Estimates By Section of Route
Frederick County Maintenance Area
Length AADT QA 4Tire Bus —Truck--
-'Truck Design
Hour
2Axle 3+Axle 1Trail 2Trail QC QK AAWDT QW Year
2.43 9900
F 91% 0% 2% 1% 4% 1% F 860 F 9900 F
us so
1999
522 50 Millwood Pike 0.16 41000
F
SUS So
Cih• oflVinchester
T.
'^-
ECL Winchester
3400
F 43000
F 1999
522 50 Millwood Ave 0.04 41000
�""
F
ECL Winchatu
522 50 Millwood Ave 0.20 25000
H ��
I al
3400
F �4300�OF�Jggg_
522 50 Millwood Ave 0.80 13000
F
�ubal Early �
NA
NA
1999
94% 0% 2% 0%
1% 0% C
T.
Camtton St
NA
14000 F
1999
Cameron J[ 0.53 5900
F
US 50 Gerrard Cr
Combined Traffic 14000
93%
F 95%
o
/0 1 2% 1%
0%
1% 0% C
NA
6100 F
1999
2% 1%
1% 0% C
1"00 F
199g
522 11 Cameron St 0.17 10000
F 93%
Bosca..cn St
Combined Traffic NA
1% 2% 1%
1% 0% F
NA
10000
F
1999
T.
Piccadilly St
NA
NA
522 ®Piccadilly St 0.18 7300
F
Cameron St
Combined Traffic 11000
F
NA
7600 F
1999
—
0.19
--
Braddock St
NA
12000 F
1999
5500
F 94%
0% 2% 1%
o 0
2 /0 0 /o F
T'
Fairmont Avc
NA
5800 F
1999
522 Fairmont Ave 0.22 6200
F 94%
Pie adtll. St
0% 2% 1%
2% 0% F
NA
522 Fairmont Ave
--
Commttaal St
6400 F
1999
0.55 11000 F 94%
0% /o ° o
2 /0 1
0
Z /0 0% C
T.
NCL Winchester
NA
12000 F
1999
Frederick Counh•
'^
Maple St
NCB°�Winchesi r
522 1.27 20000 F
96%
0%
° /0 o
2 1 /o C
1800 F
20000 F
1999
Frederick
'�-
SR 37
522 Pike 2.89 18000" F
82%
0% 2% 1%
13% 0% F
1400 F
17000 F
1999
52 Frederick Pike
rT
34-654 Cedar Grove Rd
2 4.24 15000 F
82%
0% 2% 1%
13% % °
0 F
1100 F
14000 F
1999
522 Frederick Pike 5.08 14000 F
'^-
82%
34-600 Siltt Rd
0% 2% 1%
13% 0%F
1000 F
13000 F
1999
522 Frederick Pike 3.26 7300 A
t—
SR 127 Bloomm Pike
82%
0% 2% 1/0 o
13% 0% C
NA
6900 A
1999
522 Frederick Pike 4.40 5600
34.694 Cumberland Trail Rd
F
82%
0% 2% 1% 13% 0% F
400 F
T.
West Virginia State Line
5300 F
1999
Cih• of 1�'inchestcr
'"•"
57�2 11 Gerrard St 0.10 12000 F
93% 1%
Cameron Si
31/0 1% 2% 0% F
NA
13000 F
1999
� ---�
522 15n ( Gerrard St n n7 ��
'^
Valle. Ave
�J Ovvv r y/% 0% 1% 1% 1% 0% F
NA T' BraddYk St 9900 F 1999
/0
Gerrard St
522 50 Braddock St 0.53 8200 F 97% 0% 1% 1% 1% 0% C
Combined Try fftc 14000 F 95% 0% ° o NA 8500 F 1999
2 1 % 1 % 0% C NA 15000 F 1999
Bosca..cn St
w
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
I I riFICArl A I OF PUBLIC HE-AIRII Ir
May 9, 2001
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS
RE: REZONING APPLICATION #04-01 OF WINCHESTER EQUIPMENT COMPANY
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on May 23, 2001 at 7:15 p.m. in the board room of the Frederick County Administration
Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
Rezoning #04-01 of Winchester Equipment Company, submitted by Painter -Lewis, P.L.C., to
rezone 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located
adjacent to the dumpster site on N. Frederick Pike (Rt. 522) and Indian Hollow Road (Rt. 679),
across from the Virginia Farm Market, and is identified with Property Identification Numbers 42-A-
188 and 42-A-189 in the Gainesboro Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application will be available for review at the Handley Library approximately one week prior to the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winchester, Virginia.
Sincerely,
1
tc./ ncL)
Eric R. Lawrence hojl_�
Deputy Director
ERL/ch
0.WgendasWdjoiners\Z0011WinchEquipCo_M.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
1'� I—Cl Qbo from the Department of Planning and Development, Frederick
County, Virgi ia:
PAINTER-LEWIS, P.L.C.
302 S. Braddock Street, Suite 200
Winchester, VA 22601
42 - A- - 184-
LIZER, CHARLES JOSEPH
145 INDIAN HOLLOW RD
WINCHESTER, VA 226033938
42 - A- - 186-
COUNTY SCHOOL BOARD OF FREDERICK CO
PO BOX 3508
WINCHESTER, VA 22604-2546
53 - A- - 2-
FRUIT HILL ORCHARD, INC.
PO BOX 2368
WINCHESTER, VA 22604 1568
42 - A- - 226-
ROSEDALE PROPERTIES
704 INDIAN HOLLOW RD
WINCHESTER, VA 22603.3936
42 - A- - 227
YEAKIEY, STEWART S.
1770 N FREDERICK PIKE
WINCHESTER, VA. 22603 4322 _
Eric Rj )dwrence, Deputy Director
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
1, �f% inn 1 `1 , a Notary Public in and for the State and County
aforesaid, do hereby certify that Eric R. Lawrence, Deputy Director for the Department of Planning
and Development, whose name is signed to the foregoing, dated O , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of rnI „ aoc�
My commission expires on _� nJ n2� c�DU3
,I U— Pau
TARY PUBLIC
U
COUNTY of FREDERICK
Department of Planning and DevelopmeIIt
S40/665-S651
FAX: 540/ 66S-6395
�IOTIFIC�\f10I I Jr" PULL IC i•1EAR I IG
April 18, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: REZONING APPLICATION #04-01 OF WINCHESTER EQUIPMENT COMPANY
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on May 2, 2001 at 7:00 p.m. in the board room of the Frederick County Administration
Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
Rezoning #04-01 of Winchester Equipment Company, submitted by Painter -Lewis, P.L.C., to
rezone 23.39 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located
adjacent to the dumpster site on N. Frederick Pike (Rt. 522) and Indian Hollow Road (Rt. 679),
across from the Virginia Farm Market, and is identified with Property Identification Numbers 42-A-
188 and 42-A-189 in the Gainesboro Magisterial District.
Any interested parties having questions or wishing to speak may attend this meeting. A copy of the
application will be available for review at the Handley Library approximately one week prior to the
meeting, or at the Department of Planning and Development located at 107 North Kent Street in
Winobcster, Virginia.
Sincerely,
ErIPR. Lawrence
Deputy Director
ERL/ch
A.\ \djoincrs\2001\WinchGgoipCo_Ri "Z %vl>d
107 North Kent Sheet • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
/c� Qd from the Department of Planning and Development, Frederick
County, irginia: 42 - A- - 227-
lvZ h' 9 D YEAKLEY, STEWART S.
53 • A• 2• 1770 N FREDERICK PIKE
FRUIT HILL ORCHARD, INC. WINCHESTER, VA. 22603.4322
PO BOX 2368
WINCHESTER, VA 22604.1568 226
42 - A- - 186-
COUNTY SCHOOL BOARD OF FREDERICK CO
PO BOX 3508
WINCHESTER, VA 22604.2546
42 • A• • 184• 1 g 7 ZZ
LIZER, CHARLEtJOSEPH
145 INDIAN HOLLOW RD
WINCHESTER, VA 22603.3938
STATE OF VIRGINIA
COUNTY OF FREDERICK
42 A
ROSEDALE PROPERTIES
704 INDIAN HOLLOW RD
WINCHESTER, VA 22603.3936
PAINTER-LEWIS, P.L.C.
302 S. Braddock Street, Suite 200
Winchester, VA 22601
Frederick County Planning Department
I Ee 'b r) � I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Eric R. Lawrence, Deputy Director for the Department of P1arming
and Development, whose name is signed to the foregoing, dated L� - � Q) • (_) I , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this l & i1 day of � \ ` , awo
My commission expires on I `._' .I u 1 P I a)3
'_ 16`I'ARY PUBLIC
# 0
COUNTY of FRED RICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
March 28, 2001
Painter -Lewis, P.L.C.
Attn: John C. Lewis, P.E.
302 South Braddock Street, Suite 200
Winchester, Virginia 22601
RE: Winchester Equipment Company Rezoning
Dear Mr. Lewis:
The Frederick County Historic Resources Advisory Board (HRAB) considered the referenced
proposal during their meeting of March 20, 2001. The HRAB reviewed information associated with
the 1992 National Park Service Study of Civil War Sites in the Shenandoah Valley; the Frederick
County Rural Landmarks Survey; the applicant's Impact Analysis Statement; and the applicant's
Proffer Statement. Subsequent to the review and discussion of this information, the HRAB provided
the following recommendation:
Historic Resources Advisory Board Comment
The parcels proposed to be rezoned from RA (Rural Areas) District to B3 (Industrial Transition)
District are located within the northwestern limits of the defined core battlefield area for phase 6 of
Second Winchester. The parcels are also within the defined boundaries for the Second Battle of
Winchester Battlefield Apple Pie Ridge Historic District which was determined eligible for the
National Register by the Department of Historic Resources in March 1999. Furthermore, the parcels
are located within a rural community center which is intended to provide services to that sector of
the County that is situated along the last remaining pristine entrance into Winchester. Therefore, the
HRAB recommends that the applicant should consider the following issues and modify the voluntary
proffer statement to provide assurances for quality development in this area:
The elimination of parcel 42-A-189 totaling 8.64 acres from the rezoning application request
to prevent the sale of land for additional commercial uses.
The elimination of additional land uses that fall within the specified Standard Industrial
Classification (SIC) codes proffered by the applicant.
The provision of a general site layout plan which is sensitive to adjoining properties and
existing viewsheds.
107 North bent Street • Winchester, Virginia 22601-5000
0
HRAB Memorandum
Page -2-
March 22, 2001
• The development of architectural standards for all structures that is in keeping with other
agribusiness structures located in rural parts of the county to ensure that the rural and historic
character of this area is maintained.
• The use of innovative architectural methods to conceal roof -mounted equipment from the
existing viewshed.
The provision of increased building setbacks from adjoining property lines.
• The provision of buffers and screening between proposed structures and adjoining property
lines to mitigate impacts and protect existing viewsheds.
• Modification to the Civil War Interpretive Easement proffer to ensure that the developer
absorbs the costs associated with platting, deed preparation, and legal fees necessary to
establish the easement.
• Modification to the future collector road proffer to ensure that an access easement is
maintained for the Civil War Interpretive Easement should this road system not come to
fruition.
Please do not hesitate to contact me if you have any questions regarding the forn-lal comment from
the Frederick County Historic Resources Advisory Board.
Sincerely,
Evan A. Wyatt, AIC
Planning Director
EAW
attachment
cc: Doug Rinker, Winchester Equipment Company
CAM yFiIcs\ Backup\HRARComment-WinchesterE-quipmenlCompany-March20,2001 Mecting.wpd
0 •
Rezoning Comments
Historic Resou ices 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, 4th Floor
107 North Kent Street
Winchester, Virginia
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Applicant's Name: P. Telephone:
Mailing Address: _Y a a S. /a �dwIK o S-/•, S-- a . ° J
W .�r/��J�2✓ l�.i C? cn dI
Location of property: U. J. R�. Sag CN %7'cr�F�;ck �!�J aid V,f1 S EC k� �9
(T,-,dian Hollow rU.) biofPU. 37 cza�acek-,�
c�<<Gc%t)a1 S�-le O_v.� ar�ess -O L- .(y , iS �r�i Fa �r'^ /�(0.�k �-(-
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Current zoning: (D 2A- Zoning requested:
-rz - a
Acreage: 9-' (o Y
N- 75
Advisory Board Comments:
Signature & Date: 3 °
Notice to AdyisoryB' ard.= Please ke6' xix' arm to Applican#
19