HomeMy WebLinkAbout05-01 Timothy W. Johnson - Stonewall - BackfileC
REZONING TRACKING SHEET
Date
/ b o/
Application received/file opened
Reference manual updated/number assigned
V11, D-base updated
• 6 .0/ R5l9- File given to office manager to update Application Action Summary
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To,61ed
Four sets of adjoiner labels ordered from data processing
r1he 6*map ordered from Mapping & Graphics
PC public hearing date ACTION: n ' 6 , ,u d Aprtj �o 1-ff
-
BOS public hearing date ACTION:
.APPROVED
AJ 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
q• 18 •Q/ File given to office manager to update Application Action Summary (final
action)
09- /'- • f �p File given to Mapping & Graphics to update zoning map
OS-i-7-o1-C10
Other notes:
Zoning map amended
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COUNTY of FREDERICK
Department of Planning; and Development
540/665-5651
FAY: 540/ 665-6395
September 17, 2001
Mr. Timothy W. Johnson
Box 48 Stone Hedge
Bunker Hill, WV 25413
RE: REZONING 05-01 FOR TIMOTHY W. JOHNSON
Dear Mr. Johnson:
The Frederick County Board of Supervisors approved the above -referenced application to rezone
1.89 acres form RA (Rural Areas) to B3 (Industrial Transition) at their meeting on September 12,
2001. This property is located at 4489 Martinsburg Pike and is identified with Property Identification
Numbers 33-A-92 and 33-A-93 in the Stonewall 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.
Sinc ly,
Eric R. Lawrence
Deputy Director
ERL\ch
cc: Charles Orndoff, Stonewall District Supervisor*
Jane Anderson, Real Estate*
* - without proffers
107 North IS'ent Street , Winchester, Virginia 22601-5000
PC REVIEW DATE: 07/02/01
BOS REVIEW DATE: 08/08/01
REZONING APPLICATION #05-01
TIMOTHY W. JOIINSON
To rezone 1.89 acres from RA (Rural Areas) to B3 (Industrial Transition)
LOCATION: This property is located at 4489 Martinsburg Pike, 2.1 miles north of Clearbrook on the
west side of Martinsburg Pike (Route 11).
MAGISTERIAL DISTRICT: Stonewall
PROPERTY ID NUMBERS: 33-A-92 and 33-A-93
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District
Land Use: Church/Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned RA (Rural Areas) District Use: Vacant
Zoned M2 (Industrial General) District Use: Vacant
South: Zoned RA (Rural Areas) District Use: Residential
East: Zoned RA (Rural Areas) District Use: Residential
West: Zoned RA (Rural Area) District Use: I-81
Zoned B3 (Industrial Transition) District Use: Vacant
PROPOSED USE: Automotive Repair
REVIEW EVALUATIONS:
VirgiIIia Dot. of Transportation: The application to rezone this property appears to have minimal
measurable impact on Route 11, the VDOT facility which would provide access to the property. Before
development, this office will require a complete set of construction plans detailing entrance designs,
0 0
Timothy W. Johnson #05-01
Page 2
July 25, 2001
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: "Fire Lane No Parking" markings & signage required outside of designated parking
spaces. Requirements of the Virginia Statewide Fire Prevention Code Chapter 14, Chapter 32, Section
F-3206 and referenced NFPA Standards and building codes.
Fi-edei-ick-Wincliester Health Denai'tinent: See the attached ineino to G/'eemvay Engineei-ing
dated 4130101.
County Engineer: The development of the subject site will require the acquisition of a drainage
easement on the north side if a point source discharge is created to control storm runoff.
Building Official: No comment required at this time. Shall comment at the time of site plan review.
Frederick County Public Schools: No direct impact on Frederick County Public Schools.
Parks & Recreation: No comment.
Historic Resources Advisory Board: The property proposed for rezoning is not located within the
proximity of any potentially Significant Historic Property or any Property Potentially Eligible for the
State and National Register of Historic Places as identified in the Frederick County Rural Landmarks
Survey.
County Attorney: Proffers appear to be in proper form; it is generally more acceptable to proffer
"out" uses than proffer them in.
Sanitation Autlioi•ity: We do not serve this area.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Inwood 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.
• •
Timothy W. Johnson #05-01
Page 3
July 25, 2001
The two parcels which comprise the proposed rezoning are identified by Property Identification
numbers 33-A-92 and 33-A-93. The cumulative acreage for the two parcels which comprise the
proposed rezoning is 1.89 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 west side of
Martinsburg Pike (US Route 1 1 North). The parcels are located approximately 2.1 miles north
of Clearbrook, on the west side of Martinsburg Pike. Interstate 81, Exit 323 is located
approximately %2 mile north of the site. Martinsburg Pike is classified as a major collector
roadway.
Tile parcels are within the County's Sewer and Water Service Area (S WSA) and are a component
of the Northeast Land Use Plan which was adopted by the Board of Supervisors on September
27, 2000. This land use plan identified the subject parcels for business use.
3) Site Suitability
The site is located on Martinsburg Pike (Route 1 1 North), approximately %2 mile from Rest
Church Road (Route 669). Interstate 81, Exit 323, is within a %2 mile from the proposed site
access point.
Portions of Property Identification Number (PIN) 33-A-93 are located within the Duncan Rum
100-year flood plain. Although flood plain areas are located on the property, there remains a
developable area outside of the flood plain. No flood plains have been identified on Property
Identification Number (PIN) 33-A-92. Oaklet Loam covers approximately 90 percent of the site.
Oaklet Loam has shrink/swell characteristics listed as high.
The applicant has provided information which projects potential traffic impacts associated with
the development of the 1.89 acres requested to be rezoned. This analysis utilizes average vehicle
trip data from the Institute of Traffic Engineers Trip Generation Manual, 6"' Edition, Volume 1
(ITE) for Automobile Care Center Category 840. The applicant has projected potential traffic
impacts assuming the average trip ends or vehicles per day (VPD) for weekday traffic of 3.0 VPD
per 1,000 square feet of gross building area.
The following projected potential traffic impact assumes the most intense weekday vehicle trips
as a multiplier for the development of 4,200 square feet of automobile care center space. This
projection suggests that there could be 13 VPD. The Average Annual Daily Traffic on Route 1 1
in 1999 at this location was 3,800 vehicles. The projected traffic increase appears to have a
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Timothy W. Johnson #05-01
Page 4
July 25, 2001
minimal measurable impact on Martinsburg Pike (Route I 1 North).
The subject site will be served by a private water well, and sanitary sewer will be by on -site
drainfield disposal. The utilization of on -site facilities for water and sewage disposal is
appropriate, and will be necessary as the property is currently not served by public sanitary
services. There are other nonresidential uses in the vicinity of the subject site which are currently
utilizing private on -site sanitary systems. Therefore, it would be reasonable for the subject sites
to utilize similar on -site systems.
4) Intended Use
The applicant requests a rezoning to the B3 (Industrial Transition) Zoning District in order
to construct an automotive repair facility on the property. Through the proffered conditions
submitted with this application, the applicant has limited the potential uses on the property.
Some of those permitted uses include: automotive services, self-service storage facilities,
communication facilities, and building contractor offices and storage.
5) Potential Impacts
The applicant has provided information which identifies that the land surrounding the subject
site is utilized for residential and agricultural purposes (north, east, and south). Interstate 81
bounds the site's western property line. Further west of I-81 is vacant property currently zoned
B3.
Planning Staff Comment
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 residential property to the east and south may be impacted by the proposed
commercial land use 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 or screen be installed between land used
0 •
Timothy W. Johnson 405-01
Page 5
July 25, 2001
for commercial purposes and land used for agriculture. Therefore, it will not be required that
the applicant establish a buffer against the property to the north. Without the buffer
requirement, the building setbacks are established by the Zoning Ordinance to be 15 feet from
side and rear property lines.
6) 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:
• List the permitted uses, rather than those prohibited.
• No more than one entrance onto Martinsburg Pike.
• Construct the necessary road improvements as warranted and determined by VDOT.
• Establish a recycling program to implement waste reduction.
• Provide a monetary contribution of $500 to the County to be utilized for fire and rescue
services.
STAFF CONCLUSIONS FOR 07/02/01 PLANNING COMMISSION MELTING:
The 1.89-acre site proposed for rezoning is located within the County's Sewer and Water Service Area,
and is within the Northeast Land Use Plan. The Northeast Land Use Plan identifies the subject site for
commercial uses, consistent with the application. While immediately adjoining properties include
residential uses, other properties in the vicinity include industrial uses and zoning. The applicant has
submitted a proffer statement which specifies the permitted uses, some of which include automotive
repair, offices for construction contractors, and miscellaneous repair services.
There are a number of residential uses on immediately adjacent properties, with the residential structures
placed within 30 feet of the subject site. While the Zoning Ordinance will require the implementation
of a buffer and screen, the applicant should consider additional methods to mitigate potential impacts that
could be generated by business activities. Such mitigation efforts should address noise and visual
impacts on adjoining properties.
The applicant should be prepared to address the comments made by staff and review agencies during the
review of this application by the Planning Commission and the Board of Supervisors.
• 0
Timothy W. Johnson 405-01
Page 6
July 25, 2001
PLANNING COMMISSION SUMMARY & ACTION OF 07/02/01:
The staff recalled that approximately a year ago, the Planning Commission reviewed an application
for a conditional use permit for auto repair with auto body repair for this same applicant and
property. Staff explained there was considerable discussion at the time and it was believed a
rezoning would be the more appropriate way to proceed because of the proximity to the interstate and
Exit 323.
A Commissioner raised concern over the lack of discussion in the impact study regarding potential
traffic problems. Staff pointed out that a full-scale transportation impact analysis statement is not
required if the use generates less than 3,000 vehicle trips per day. It was noted that the applicant's
total estimated traffic, based on the ITE Trip Generation Manual, is less than 15 vehicle trips per day
which the staff found to be negligible. Staff also pointed out that the applicant has proffered, at his
own expense, the installation of signage, turn lanes, and road widening as warranted. In addition,
the applicant had proffered a limit of one commercial entrance for the property.
A Commissioner raised concern that the proffers allowed other intensive uses, in addition to the auto
body shop, and could not support the rezoning under these conditions.
One citizen comment was received. An area resident was concerned that the aquifer the applicant
was tapping into was the same one used by Flying J Restaurant and he was concerned about the
quality of that aquifer. This citizen was also concerned about the sewage and hazardous waste
discharge, especially in light of the geology of the area.
The Planning Commission believed the proposed rezoning was appropriate for this area, considering
the fact that the use would be minimal. They also believed the applicant had satisfactorily addressed
the impacts through his proffer statement. The Commission recommended approval of the rezoning,
with the proffers submitted by the applicant, by the following majority vote:
YES (TO APPROVE): Fisher, Kriz, DeHaven, Light, Morris, Watt
NO: Thomas
(Note: Mr. Triplett, Mr. Ours, Mr. Wilson, and Mr. Unger were absent from the meeting.)
0\,\gcndas\CO\I\fIiNTS\IiF70NING\SIafTRcport\2001\Timothy Johnson RIl apd
0
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff.'
Zoning Amendment Number 0J _ 0 1 Date Received
PC Hearing Date -2- O ( BOS Hearing
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: Greenway Engineering
Address: 151 Windy Hill Lane
Winchester, VA 22602
2. Property Owner (if different than above)
Name: Timothy W. Johnson
Address: 48 StoneHedge
Bunker Hill, WV 25413
Telephone: (540) 662-4185
Phone: (540)229-0972
RECEIVED
JUN 07 2001
3. Contact person if other than above DEPT. OFPfANNINGIDEVELOPMEW
Name: Mark D. Smith P.E., L.S., Telephone: (540) 662-4185
4. Checklist: Check the following items that have been included with this application.
Location map X Agency Comments X
Plat X Fees X
Deed to property X Impact Analysis Statement X
Verification of taxes paid X Prof -er Statement X
•
E
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
Timonthy W. Johnson & One Valley Bank
6. A) Current Use of the Property: (Parcel 93) Vacant
(Parcel92) Church
B) Proposed Use of the Property: 1.89 Acres B3 Industrial Transition District
7. Adjoining Property: Please see attached
PARCEL ID NUMBER
USE
ZONING
33-A-94
Residential
RA
33-A-91
Vacant
M2/PA
33-A-95
Residential
RA
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest uitersection, using road names and route numbers):
4489 Martinsburg Pike Clearbrook VA
2.1 miles North of Clearbrook on the wekt side of Rt. 11
S
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
plaiuung staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number : 33- (A) -92&93
Magisterial:
Stonewall
Fire Service:
Stonewall
Rescue Service:
Stonewall
Districts
High School: Stonewall
Middle School: Stonewall
Elementary School: Stonewall
10. Zoning Change: List the acreage included in each new zoning cate gory being requested.
Acres
Current Zoning
Zoning Requested
1.89
RA
B3
1.89
Total acreage to be rezoned
11. The following information should be provided according to the type of rezoning
proposed :
Single Family homes:
Non -Residential Lots:
Office:
Retail:
Restaurant:
300 sf
Number of Units Proposed
Townhome: _
Mobile IIome:
Square Footage of Proposed Uses
Multi -Family:
Hotel Rooms:
Auto Repair
Shop: 3900 sf
Manufacturing:
Warehouse:
Other:
•
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the
road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our) knowledge.
Applicant(s): Date:
Date:
Owners : Date:
Date:
Adjoining Property Owners
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 Sit -eel.
Name and Property Identification Number
Address
Name Manuel Dehaven
1908 S. Loudoun Street
Winchester, VA 22601
Property 11 33-A-91
Name Darien R. Brandt
4273 Martinsburg Pike
Clcarbrook, VA 22624
Property # 33-A-95
Name Charles &Betty 1. Cooke
4481 Martinsburg Pike
Clcarbrook, VA 22624
Property # 33-A-94
Name
Property #
Name
Property #
Name
Property #
Name
Property 11
Name
Property 11
Name
Property #
AMENDMENT
Action:
PLANNING COMMISSION: July 2, 2001 - Recommended Approval
BOARD OF SUPERVISORS: September 12, 2001 - 4 APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #05-01 OF TIMOTHY W. JOHNSON
WHEREAS, Rezoning #05-01 of Timothy W. Johnson, submitted by Greenway Engineering, to
rezone 1.89 acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at 4489
Martinsburg Pike (2.1 miles north of Clearbrook on the west side of Rt. 11), and is identified with
Property Identification Numbers 33-A-92 and 33-A-93 in the Stonewall Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 2, 2001; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 12,
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 1.89 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 #16-01
This ordinance shall be in effect on the date of adoption.
Passed this 12th day of September, 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 Aye
A COPY ATTEST
a 9 el,:: � —/-- ,
Johntl'. Riley, Jr.
Frederick County Administrator
11DRes. 1116-01
O.\gcnds\CO�f\IIiNTS\RIJONWG\RGSOLUTM'I'inunhyJohnum wxl
Green"y Engineering • April 24, 2001 •im Johnson
Revised May 9, 2001
REZONING REQUEST PROFFER
PROPERTY ID NUMBER
33-((A))-92 & 33-((A))-93
Timothy W. Johnson
Pursuant to Section 15.2 - 2296 Et Seq., of the Code of Virginia, 1950, as amended, and the
provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the
undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick
County, Virginia shall approve this rezoning application for the rezoning of approximately 1.89 acres
from the Rural Area (RA) Zoning District to the Industrial Transition (B3) Zoning District,
development of the subject property shall be done in conformity with the terms and conditions set
forth herein, except to the extent that such terms and conditions may be subsequently amended or
revised by the applicant and such be approved by the Frederick County Board of Supervisors in
accordance with said code and zoning ordinance. In the event that such rezoning is not granted, then
these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be
binding upon the applicant and their legal successors, heirs, or assigns. All previous rezoning
proffers for the subject property are hereby superseded.
The subject property is more particularly described as all of the land conveyed to Timothy W.
Johnson by deed from John E. Bowers and Patricia R. Bowers dated August 19, 1999 of record in
the Frederick County Court Clerk's Office in Deed Book 945 at Page 522. The subject property is
further described by survey, attached to said deed, prepared by W. Stuart Dunn and dated June 6,
1996 and is purported to contain 1.89 acres. The exhibit and conditions proffered are as follows:
1. ALLOWED USES
The following uses shall be permitted within the "B-3" zoning on the subject property:
Office and storage facilities for building construction
SIC 15,16
contractors, heavy construction contractors and special
and 17
trade contractors
Communication facilities and offices, including telephone,
48
telegraph, radio, television and other communications
Business services
73
Automotive repair, services and parking
75
Miscellaneous repair services
76
Self-service storage facilities
--
Business associations
861
Public buildings
--
Public utility distribution facilities
--
I
Green way Engineering • April 24, 2001 am Johnson
Revised May 9, 2001
Business signs --
Directional signs --
Building entrance signs --
2. PROIIIBITED USES
All other uses shall be prohibited on the portion of the subject site zoned "B-3".
3. INGRESS/EGRESS
The subject property shall have no more than one entrance on U.S. Route 11.
4. TRANSPORTATION
Signage, turn lanes, and widening shall be installed as warranted and required by the Virginia
Department of Transportation. The owner hereby agrees to pay for said improvements.
5. RECYCLING PROFFER
Recycling programs will be implemented to ensure appropriate waste reduction, disposal, and
recycling of any waste or byproduct material. This program will be reviewed and approved by the
Frederick County Recycling Coordinator prior to final occupancy permit
6. MONETARY CONTRIBUTION TO OFFSET IMPACT OF DEVELOPMENT
The undersigned owners of the above -described property hereby voluntarily proffer that in the event
1.89 acres of the subject property, parcels no. 33-((A))-92 and 33-((A))-93, is approved for rezoning
from Rural Areas (RA) zoning district to Industrial Transition (B-3) zoning district, the undersigned
Will pay to the Treasurer of Frederick County, Virginia, at the time the initial building permit is
issued for said property, the sum of five hundred dollars ($500.00) for fire and rescue services.
Greenway Engineering April 24, 2001 Sim Johnson
Revised May 9, 2001
The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns
and successors in the interest of the owner. In the event the Frederick County Board of Supervisors
grant this rezoning and accept the conditions, the proffered conditions shall apply to the land rezoned
in addition to other requirements set forth in the Frederick County Code.
Respectfully Submitted:
Property Owners
B G A, 3
y: 6 Zed l
v �"�
Tim�thy W % hnson
Timothy W. Johnson
Commonwealth of Virginia
City/County of R-co z i CY _ To Wit:
The foregoing instrument was acknowledged before me this 30 T14day of 2001 by
—1-1M 10HNS00
Notary Public
My Commission Expires Ee&U,42 y 29 ,
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
T R A N S M I T T A L
Project Name: Tim Johnson Rezoning
File No.: 2624
Date: August 6, 2001
To: Frederick Co Planning
Attn: Eric Lawrence
Copied:
From: Mark Smith/ds
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: r Urgent r For Your Review C As You Requested r Please Comment
Message:
Eric,
Attached is a copy of the approval letter from the Health Dept for the above project per your
request.
Call with any concerns.
RECEIVED
AUG 0 7 2001
DEPT. OF PLAN NING!DEVELOPMENT
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway@visuallink.com
Rezoning Comments 3-70
�
Frederick -Winchester Health Department
Mail to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Winchester, Virginia 22601
(540) 722-3480
Hand deliver to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Suite 201
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick -Winchester Health Department with -their review. Attach a copy of your
application form, location map, proffer statement, impact analysis, and any other
pertinent information.
Applicant's Name: Greenway Engineering Telephone: (540) 662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: The subject site, tax map parcel 33-((A))-93 (.56 acres) and 33-((A))-92
133 acres) is located 21 miles North of Clearbrook on Route 11
(Martinsbum Pike)
Current zoning: RA
Fri
He
Zoning requested: B3 Acreage: 1.89 Acres
Loral Fairfax Environmental Heal* District
107 N. Kent St.
P. O. Box 2056
Winchester, Virginia 22604
(540) 722-3480 FAX (540) 722-3479
Counties of: Clarke. Frederick, Page, Shenandoah, Warren, and City of Winchester
To: Greenway Engineering
From: Doug Dailey, Frederick -Winchester Health Department Y)
Date: April 30, 2001
Subject: Rezoning comments; Parcels 33-A-92 & 93
The health department has no objection as long as the proposal complies
with all requirements, conditions, and limitations specified in the Sewage
Disposal System Construction Permit # 34852 dated 10/31/00.
No driveway, road, or parking lot should be constructed or placed in use
over the existing sewage disposal system which is apparently connected to
the existing structure on Parcel 92.
Lord Fairfa7c Environmental HeaRi District
107 N. Kent St.
P. O. Box 2056
Winchester, Virginia 22604
(540) 722-3480 FAX (540) 722-3479
0 Counties of- Clarke. Frederick. Page, Shenandoah, Warren, and Citv of Winchester
To: Greenway Engineering
From: Doug Dailey, Frederick -Winchester Health Department �t
Date: April 30, 2001
Subject: Rezoning comments; Parcels 33-A-92 & 93
The health department has no objection as long as the proposal complies
with all requirements, conditions, and limitations specified in the Sewage
Disposal System Construction Permit # 34852 dated 10/31 /00.
No driveway, road, or parking lot should be constructed or placed in use
over the existing sewage disposal system which is apparently connected to
the existing structure on Parcel 92.
T
Frederick County Department of Inspections
Mail to:
Frederick County Dept. of Inspections
Attn: Director of Inspections
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5656
n
Hand deliver to:
Frederick County
Dept. of Inspections
Attn: Director of Inspections
County Administration Bldg., 4th Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Department of Inspections with their review. Attach a copy of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name:
fA-&1,J"Zx)6Telephone: .0 -6(aZ -!!i 3
Mailing Address: 1451 U-) 10 o,r 4(LL [ AUAJC-
WtAJ
Zonin requested: Acreage:
Current zoning: g re q
Department of Inspection's Comments:
No comment required at this time . Shall comment at the time of si
review.
•
0
Rezoning Comments ( Tim Johnson)
Virginia Department of Transportation
Mail to:
Virginia Department of Transportat
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540)984-5600
bpp w I =1
d to:
ion-- C epartment of Transportation
Affttnp: Resident Engineer
1550 Commerce Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Virginia Department of Transportation with their review. Attach three copies of your
application form, location map, proffer statement, impact analysis, and any other
pertinent information.
.Applicant's Name: Greenway Engineering Telephone: (540) 662-4185
Mailing Address: 151 Windv Hill Lane
Winchester, VA 22602
Location of property: The subject site, tax may parcel 33-((A))-93 (.56 acres) and 33-((A))-92
(1.33 acres) is located 2.1 miles North of Clearbrook on Route 11
(Martinsburg Pike)
Current zoning: RA Zoning requested: B3 Acreage: 1.89 Acres
Virginia Department of Transportation Comments:
The application to rezone this property appears to have minimal MPaSUrAhIG
4M029t
on Route 11, the VDOT facility which would provide access to the property.
Befor
development, this office will require a complete set of construction plans
detail
, and trattic 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 dedieetions,
and off -site roadway improvements and drainage. Any work performed on the
State'
right-of-way must be covered under a land use permit. This
Ehts office and requires an 'nspection fee and sur bond coverage.
VDOT Signature & Date: Transportation Engineer
June 4, 2001
Notice to Advisory Board — Please Return Forms to Applicant
.ng
on,
Rezoning Comments
Frederick County Fire Marshal
Mail to:
Frederick County Fire Marshal
Fire & Rescue Dept.
107 North Kent Street
Winchester, Virginia 22601
(540)665-6350
' REONED APR 2 7 2001
Hand deliver to:
Frederick County
Attn: Fire Marshal
County Administration Bldg., 1 st Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick County Fire Marshal with his review. Attach a copy of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering Telephone: (540) 662-4185
Mailing Address: 151 Windy Hill Lane
Winchester , VA 22602
Location of property: The subject site, tax may parcel 33-((A))-93 (.56 acres) and 33-((A))-92
0.33 acres) is located 2.1 miles North of Clearbrook on Route 11
(Martinsburg Pike)
Current zoning: RA Zoning requested: B3 Acreage: 1.89 Acres
Fire Marshal's Comments:
r
Fire Marshal's Signature & Date:
Notice to Fire Marshal — Please Return This Form to the Applicant
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No.RZ01-0002 Date Received 4/27/2001 Date Reviewed 5/2/2001
Applicant Greenway Engineering
Address 151 Windy hill Lane
Winchester, Va. 22602
Project Name Timothy W. Johnson Rezoning Phone No.540-662-4185
Type of Application Rezoning Current Zoning RA
1st Due Fire Co. 13 1st Due Rescue Co. 13 Election District Stonewall
Tax I.D. No. 33-A-93 & 92
RECOMMENDATIONS
Automatic Sprinkler System XX Residential Sprinkler System
Automatic Fire Alarm SystemXX Other
REQUIREMENTS
Emergency Vehicle Access
Adequate XX Inadequate Not Identified
Fire Lanes Required Yes XX No
Comments : "Fire Lane No Parking" markings & slgnage regUlred outside
of designated parking spaces.
Roadway/Aisleway Widths Adequate XX Inadequate Not Identified
Special Hazards Noted Yes XX No
Comments : Requirements of the Va.Statewide Fire Prevention Code Chapter 13,
Chapter 32 section F-3206 and referenced NFPA Standards, and building codes.
Hydrant Locations Adequate Inadequate Not Identified XX
Siamese Location Adequate Inadequate Not Identified XX
Additional Comments Attached? Yes No XX
Plan Approval Recommended? Yes XX No
Signature ������ ,���� Title 5
9
•
41 2
RezoningComments 7 (CI
Frederick -Winchester Health Department
Mail to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Winchester, Virginia 22601
(540) 722-3480
Hand deliver to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Suite 201
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick -Winchester Health Department with their review. Attach a copy of your
application form, location map, proffer statement, impact analysis, and any other
pertinent information.
Applicant's Name: Greenway Engineering Telephone: (540) 662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: The subiect site, tax map parcel 33-((A))-93 (.56 acres) and 33-((A))-92
133 acres) is located 21 miles North of Clearbrook on Route 11
(Martinsburg Pike)
Current zoning: RA
Zoning requested: B3 Acreage: 1.89 Acres
Frederick -Winchester Health Department's Comments:
61
30
Health Dept. Signature & Date: 3 O
/0 j
Notice to Health Department - Please Return This Form to the Applicant ?r'
l 1
\ �� 0 ;
•
•
RECEIVED
Rezoning Comments JUN 2 O �nnj
JEPT. OF PLANNING/DEVELOPMENT
Frederick County Department of Public Works
Mail to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
107 North Kent Street
Winchester, Virginia 22601
(540)665-5643
Hand deliver to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
County Administration Bldg., 4th Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out thettfor_ ruation as accurately as possible in order to assist the
Department of_Public Works with their review. Attach a copy of your application form,
location map, proffer statement,. impact analysis, and any other pertinent information.
Applicant's Name: G 4 Flu.444 ek&i.)6f,etJ6 Telephone: 546-to (aZ- 41&'5
Mailing Address: I l l LO t.) D J N ((...L., LR Q C
VA 226-62-
lie
Current zoning: FA Zoning requested: B 3 Acreage: i . Simi AcrPS
Depart, %entt of Public Work's C mm nts•
Ja o7 '1 s u
'
s �c w \ vy-
\
_Z6 Y�
t C� G- 0 O CTLJL \.Cx
l c t-aTIA
ca�&��A I VWI VL4&a
Public Works Signature & Date: -
9
Notice to Dept. of Public Works leas Return 'This Form to the Applicant
-?I
Rezoning Comments
Superintendent of Frederick County Public Schools
Mail to•
Frederick County Public Schools
Schools
Attn: Superintendent
P.O. Box 3508
Winchester, Virginia 22604
(540) 662-3888
Hand deliver to:
Frederick County Public
Attn: Superintendent
School Administration Building
1415 Amherst Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Superintendent of Public Schools with his review. Attach a copy of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering Telephone: (540) 662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: The subject site, tax man parcel 33-((A))-93 (.56 acres) and 33-((A))-92
(1.33 acres) is located 2.1 miles North of Clearbrook on Route 11
(Martinsburg Pike)
Current zoning: RA
Zoning requested: 133 Acreage: 1.89 Acres
Superintendent of Public Schools' Comments:
No direct impact on Frederick County Public Schools.
Al Orndorff
Admin 4 ---1-4— %�SSiSf +nt to tl,r Srinr r_i_nt�nr7�
518101 wr
Superintendent's Signature & Date:
Notice to School Superintendent — Please Return This Form to the Applicamt
it
•
Rezoning Comments
Frederick County Department of Parks & Recreation
Mail to:
Frederick County
Department of Parks & Recreation
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5678
Hand deliver to:
Frederick County
Department of
Parks & Recreation
County Administration Bldg., 2nd Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Department of Parks & Recreation with their review. Attach a copy of your application
form, location map, proffer statement, impact analysis, and any other pertinent
information.
Applicant's Name: Greenway Engineering Telephone: (540) 662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: The subiect site, tax man parcel 33-((A))-93 (.56 acres) and 33-((A))-92
(1.33 acres) is located 2.1 miles North of Clearbrook on Route 11
(Martinsburg Pike)
Current zoning: RA
Zoning requested: B3 Acreage: 1.89 Acres
Department of Parks & Recreation Comments:
No comment
Pks. & Rec. Signature & Date: ?n� l��f� //-2/01
Notice to Dept. of Parks,& ecreation — Please Return This Form to the Applicant
•
0
Rezoning Comments
Historic Resources Advisory Board
Mail to:
Frederick County
Department of Planning & Development
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5651
Hand deliver to:
Frederick County
Department of Planning & Development
Co. Administration Building, 4th Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Historic Resources Advisory Board with their review. Attach a copy of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering Telephone: (540) 662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: The subicet site, tax map parcel 33-((A))-93 (.56 acres) and 33-((A))-92
(1.33 acres) is located 2.1 miles North of Clearbrook on Route 11
(Martinsburg Pike)
Current zoning: RA
Zoning requested: I33 Acreage: 1.89 Acres
Advisory Board Comments:
The property proposed for rezoning
is not located within the proximity of any
Potentially Significant Historic
Property or any Property Potentially F igi e
for the State and National Register
of Historic Places as identified in the
Frederick County Rural Landmarks
Survey.
Signature & Date:
Notice to Advisory Board
— Please Return This Form to the Applicant
APR 2 7 2001
?EPT. 0': ?I I"1GIDEVEI.OPMENT
0 •
Rezoning Comments
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Sanitation Authority
Attn: Engineer
P.O. Box 1877
Winchester, Virginia 22604
(540) 868-1061
Hand deliver to:
Frederick County
Attn: Engineer
315 Tasker Road
Stephens City, Virgin
Applicant: Please fill out the information as accurately as possible in order to assist the
Sanitation Authority with their review. Attach a copy of your application form, location
map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenwav Engineering Telephone: (540) 662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: The subject site, tag may parcel 33-((A))-93 (.56 acres) and 33-((A))-92
(1.33 acres) is located 2.1 miles North of Clearbrook on Route 11
(Martinsbure Pike).
Current zoning: RA
Zoning requested: B3 Acreage: 1.89 Acres
Sanitation Authority Comments
Sanitation Authority Signature & Date: % �u%� � /` ,4 D
Notice to Sanitation Authority - Please Return This Form to the Applicant
u
0
Rezoning 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: Please fill out the information as accurately as possible in order to assist the County
Attorney's office with their review. Attach a copy of your application form, location map,
proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering Telephone: (540) 662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: The subiect site, tax map parcel 33-((A))-93 (.56 acres) and 33-((A))-92
(1.33 acres) is located 2.1 miles North of Clearbrook on Route 11
(Martinsburg Pike)
Current zoning: RA Zoning requested: B3 Acreage: 1.89 Acres
County Attorney's Comments:
�i
Assistant County Attorneattorney
ignature & Date:Notice
to
— Please Return This Form to the Applicant
0
R
IMPACT STATEMENT
FOR THE LAND OF
TIMOTHY W. JOHNSON
REZONING APPLICATION
April 24, 2001
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Greenway Engineering � April 9, 2001 .oson Rezoning
TIMOTHY W. JOHNSON IMPACT STATEMENT
INTRODUCTION
This report has been prepared for the purpose of assessing the i npact on Frederick County by the
proffered rezoning of a 1.33 and .56 acre parcel owned by Timothy W. Johnson. The subject
site, tax map parcels 33-((A))-93 (.56 acres) and 33-((A))- 92 (1.33 acres) is located 2.1 miles
north of Clearbrook on Route I 1 (Martinsburg Pike). The current zoning is RA and Mr. Johnson
proposes to rezone 1.89 acres to Industrial Commercial (133) in order to construct an auto repair
shop.
COMPREHENSIVE PLAN
The district in which the proposed site is to be developed as an auto repair shop is zoned in an
industrial transition district. It is in conformance with the Comprehensive Plan, Northeast Land
Use Study, which states that industrial and business areas should be developed for areas around
interchanges and along arterial highways and in the vicinity of the existing industrial sites. The
subject site meets these issues and aids in maintaining a competitive market for Fredrick County.
SITE SUITABILITY
Access
The subject property is strategically located off US Route 11 (Martinsburg Pike) and is
approximately 1/2 mile south of Route 669. Interstate 81 interchange (the Clearbrook exit) is
within .50 mile from the proposed site access point. The site will have a single access point,
which currently exists servicing this property and the existing church building. The existing
entrance will be upgraded to meet VDOT entrance standards.
Flood Plains
The subject site 33-((A))-92 is located on FEMA NFIP map # 510063-0075B and is classified as
a Zone C Area. However, the proposed site 33-((A))-93 is within the "Duncan Run" floodplain,
which is in a 100-year flood plain, classified as a Zone A Area and runs through the northern
portion of the property. The developable portions of the site are outside the 100-year flood plain.
Wetlands
There are two soil types on the property, which are predominantly gently sloping. The Oaklet
Loam covers 90% property. The soils in this section are deep and well drained. The other
National Wetlands Inventory Map indicates that parcel 93 is in the floodplain. However, parcel
2
Greenway Engineering 6 April 9, 2001
.son Rezoning
92 does not have flood plains recorded in the NWIM. Any disturbance on either parcel will be in
conformance with all United States Corps of Engineers permitting procedures.
Soil Types
The USDA Soil Conservation Service has obtained all information for the soil types on this site
from the Soil Survey of Frederick County.
The subject site is located on map sheet no. 19 and contains two different soil types:
Oaklet Loam covers approximately 90% of the site
Frederick-Poplimento Loam with rock outcropping covers approximately 10% of the
site
Construction Concerns
Shrink swell characteristics of the predominant soil are listed as high. Approximately 90% of the
site is Oaklet Loam, which is a soil with high shrinkwell characteristics.
Utilities
• Water service will be provided by private well.
• Sewer services will be provided with the installation of an aquarobic treatment system
for filter bed at a pre -approved location. See attached approval letter from Frederick
County Health Department dated 10-31-00, with identification number 34852.
• Electric is currently serviced on site.
• Gas is not available.
SURROUNDING PROPERTIES
The following are the zones and uses of the surrounding properties.
Name of property owner
Adjoining Property
Use
Zoning
Manual Dehaven
North — 33-(A)-91
Vacant
M2
Charles Cooke
South — 33-((A))-94
Residential
RA
Darien Brandt
South — 33- A -95
Residential
RA
TRAFFIC IMPACT
The traffic projection for the proposed 4200 sf is as follows:
Traffic projections have been taken from ITE Manual 6"' Edition, Automobile Care Center
Category 840, the average trip ends or vehicles per day for weekday traffic is as follows:
Category (840) 3.0 VPD per 1000sf gross of building area.
Greenway Engineering i April 9, 2001 1Pason Rezoning
DATA
BLDG SF
RATE
TOTAL VPD
EX.
VI'D on ROUTE
4
Greenway Engineering 6 April 9, 2001
Joson Rezoning
HISTORIC SITES AND STRUCTURES
No historical sites are on or near property that could impede or interfere with subject site project.
OTHER IMPACTS
No additional impacts are foreseen by the proffered development of the subject site.
OUTPUT MODULE
APPLICANT: PIN 33-A-92 & 93
Net Fiscal Impact
LAND USE TYPE Business
Costs of
Impact Credit:
INPUT MODULE Credits to be Take
REAL EST VAL $2.318,643
Required
(entered in
Cur. Budget
Cur. Budget Cap.
Future CIP/
FIRE & RESCUE 1
Capital Faciltiies
col sum only)
Oper Cap Equip
Expend/Debt-S.
Taxes, Other
Fire and Rescue Department
$18,584
Elementary Schools
SO
Middle Schools
SO
SO
SO
High Schools
SO
Parks and Recreation
SO
SO
Public Library
$0
SO
Sheriffs Offices
SO
$708
SO
SO
Administration Building
SO
SO
Other Miscellaneous Facilities
SO
$8,209
$1,652
SUBTOTAL
$18,584
S8,918
S1,652
SO
LESS: NET FISCAL IMPACT
S1,383,770
NET CAP. FACILITIES
IMPACT
Total Potential Adjustment For
Tax Credits
Revenue-
Net Capital
Net Cost Per
(Unadjusted)
Cost Balance
Facilities Impact
Dwelling Unit
SO
SO
$18,584
ERR
SO
SO
SO
ERR
SO
SO
SO
ERR
SO
SO
SO
ERR
S708
$708
SO
ERR
SO
SO
SO
ERR
$9,861
S9,861
SO
ERR
$10,570
$10,570
S8,015
ERR
S1,383,770
S1,383,770
S1,383,7.70)
ERR
sol
ERR
INDEX: "1.0" If Cap. Equip Included: 1.0
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000
PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433
METHODOLOGY 1.
Capital facilities requirements are input to the first column as calculated in the model.
2.
Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative); included are the one-time taxes/fees for one year only at full value.
3.
NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4.
NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts.
5.
NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6.
Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
NOTES: Model Run Date 6/21/01 ERL
P.I.N. 33-A-92 & 93 Rezoning: Assumes 35,623 sq.ft. retail use on 1.89 acres zoned B-3
Due to changing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the model run date.
0
33 A 92 a
33 A 93
Arogas, Inc.
1 r,
CtD R.R. Restaurant
DEHAVEN
IV
33 A 91
RAF/
A
JOHNSON JOHNSON � 33q w �R)-
s
A 92 33 A 93 A 20
URG
COOKE RAASHILLINGt333
A 94 R' a 33q A 19
40L
BRANDT33
3EN REAL EST
A gTE
—
�-'�O5 OI
33 A 95 RA 18
;9 KEF?Nr 33A q 17
j
Location Map For:
RA
KERN S 17
33q 4
Timothy W. Johnson
RA RA
J
PIN:
M1
33 - A - 92
33-A-93
Office of Mapping and GIS, 06/01, Agray
LOCATor l MAP
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M1t1180/N AT LAW
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BKq�,3i ,0522
TIiIS DEED, made and dated this 19th day of August, 1999, by and between JOHN E.
BOWERS• married, an. PATRICIA R. BOWF.R�, married, mother of the male grantor, parties of
the first pail, hereinafter calla! the Grantors; and TIMOTHY W. JOHNSON, party of the second
rrt, hereinafter called the Grantee.
WITNESSETK That for and in consideration of the sum of Ten Dollars (S10.00), cash in
hand paid and other good and valuable consideration rect:ipt whereof is hereby acknowledged, the
Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the
Graruee, in ke simple absolute, all of the following reahy
All of their certain less or pareda of land, t,)gcther with ail rights, rights of wry,
privtaeges, improvements thereon and the appurtenances thereunto belonging,
fyi-, and being situate along the Western side of the Martir&urg Pike, U.S.
ITnghway No. 11, in Stonewall Magisterial District, Frederick County, designated
as Lot 92, containing 1.3242 acres, and Lot 93, containirg 0.5674 acres as
shown on that certain plat and survey of W. Stuart Dunn, L.S., dated June 6,
1996, of record in the Office of the Ckrk of the Circuit Court of Frederick
County, Yugirtia, in Deed Book 8W at Page 1476; AND BEING the same
property conveyed to the Grantors herein by Deed dated June 17, 1996, of
record in the aforesaid Cleric's Office in Deed Book 960 at Page 1473.
Reference is here made to the aforesaid irutrtrrrtertts the attscf-inc s thereto and the
refcmces therein contained for a further and more partic;,'ar description of the property hereby
This conveyutce is made attbjed to all kgalty enforceable restrictive covenants and
easerrterin of record affixing the aforesaid reahy.
WTiT�SS the fo8mvi sigrwurtsl a-d !rlls:
1�• _w
OF i
T✓h.; l\ t7 RG\'0�
STATE OF VIRGIN'OTA RY .
CITY OF WINCHESTE*, toWM? J
(SEAL)
JOHN E. BOWERS
(SEAL)
PATRICIA R BOWERS
I, :Gjr jir rn. ivn kjr_, a Nuts y Public in and for the State aniadietion d jtu
aforesaid, do hereby and that JOHN E. BOWERS and PATRICIA R. BOWERS, whoa twttes are
signed to the foregoing Dad, bearing date of the I lth day of August, 1999, have this day personalty
appeared before me and ackriowledged the wino in my State and jtnru&c bon aforesaid.
Given under i.ty hand this Lgjo day of August, 1999.
it
N Y PUBLIC r
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f
BOUNDARY SURVEY OF THE LANDS OF
NICETAS MAIHEWS, CHARLES LEWIS AND PAULINE LEWIS
TRUSTEES FOR LOCAL LODGE NO.2335 OF
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS UNION
DEED BOOK 507, PAGE 522
TAX MAP 33, TRACT 92
AND TAX MAP 33, TRACT 93 ((A))
LOCATED ON THE WEST WE OF U.E. RO(TTE NO. 11, MART DZSBURO PUCE, AND ON THE EAST SIDE
Cr pfnwTATE pD= N0.11�� EmiLm NORTH OF RICK COUNTY CCIEARBROOK AND STTVATE TN
LL STONEWAMAOISIERIAT. D
IRGINLk
NOTE: NO T THESEMZ REPORT FURNL4 M- _
pTR),� OOW`IUNiTY PAN13 NO 3100610075 B7VACrg ARE HOT IN THE Loo YEAR � DATED >�YTl9Tt TM BY HU D.
1 Fly C tTT1'Y TI TAT ON AM 5, 1 "61 MADE AN ACCURATE SURVEY
S ARE BASEMENTS
THE PREMW
SHOWN HERMN ;.: To THE BEST OF MY KNOWLEDGE AND BELMF
OR ENCROACHMENn VISIBLE ON THE OROUND OTHER THATI THOSE SHOWN HmtB '1
INC-
SURVEY NO. 207 DUNN LAND SURVEYS INC.
SINIBERItYV= VIROA
SHEET N0, 1 OF 2
DUNE 6, 1996
t
BK860PG 1411
DESCit MON OF THE LANDS OF NICETAS MATHEWS. CHARLES LEWIS
AND PAULINE LEWIS, TRUSTEES FOR LOCAL LODGE NO. 2335 OF
INTERNATIONAL ASSOCIATION OF MACHINISTS
AND AEROSPACE WORKERS UNION
The V" of laid shown on the attached drawing. located on the West side of U.S. Route no. I 1
and on the East side of interstate Route no. 81 in Stonewall Magisterial District, Frederick
CouNy. V-Vtvja, am boarded as follows:
Tax Map 33, Tract 92 ((A))
Beoving at (1) an iron Peg set in the Wegem line of U.S. Route no. 11'07 comer
to
oaD Haven
and to the 0.5674 acre tact: thence with the 0.5674 zero trot N 80 deg.
250.52 feet to (2) as iron peg tot; thence comimi0ig with the 0.5674 acre tract and with Cooke
S 19 deg. 17 min. 30 sec. W 175.00 feet to (3) an iron peg set in the line of Orndorff; thence with
prrdorffN 07 min 00. W 293.23 feet to (4) an iron peg set ienn the Eastern line of
Interstate Route No. III; thence with the Eastern line of Interstate Route no. 81
N 26 deg. 22 msa 26 sec. E 216.06 fat to (5) an iron Peg act. a comer to DeHaven thence with
Ddiaven S 76 deg. 15 win. 05 sec. E 512.19 feet to the Point of all• containing
1.3242 sous, more or less.
Tax Map 33, Tad 93 ((A))
at (1) In iron peg set in the Western line of U.S. Route no. a corner to DeHaven
wrth the Western line ofJ }. Route no. 11
and to the 1.3242 acre tad; thence � corner to Cooke; thence with
S 19 deg 17 mien 30 sec. W 100.00 feet to (6) an km peg set,
Goole N 80 deg 07 min.00 sec. W 250.52 feet to () an iron peg found in the line of the
1.3242 mere tarp thence with the 1.3242 acre tact for the following two courses
N 19 deg 17 mia 30 sec. E 100 feet to (2) as von Peg set; thence S 90 deg. 07 min. 00 sec. E
250.52 feet to the Point of be&mio& eo°taigiu* 0.5674 acres, more or less.
SURVEY N0.207 DUNN LAND SURVEYS, INC.
SiELT NO. 2 OF 2 BERRYNM14 VIRGINIA
JUNE 6, 1996
yp"" / 1pt " NodYeed le me n the
dey a .1 dug. er 1..► 0 � A, rl�.
end a fe1w 'to en�wledyment *rat* enneled
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:�cbl� eM M.1•!01 her+ Yeen haw. M eNeeeCN.
CiM1t
I
L� c'T - EAR
FREDERICK COUN Y
Z. WILLIAM CANDOFF, ilk
P.O. SCX 225
W:NCHESTER VA 22604
2000 REA, ESTATE TAXES
.56 ACRE 33 A
Acres:
2 0 0 0 Tick N:00162490001 Q@
Date 5/26/2000
Regis CI
ESR/ES
Trans, 4: 01861
Dept 0 RE200001
ACCTM 6470
Previous Principal
93 Balance 9 242.56
156
Principal Being Paid $ 242.56
T and: 2400C Imp: 51800 Penalty
interest S .00
JOFNSON, T:NNO:HY W Amount Paid S 242.56
'Balance Due
4489 MART:NSBURG P:KE as of 5/26/2COOS .00
CLEA.43ROOK, VA
22624 1528
Pd by :OHNSON, TIMOTHY W
ANY BALFLNCE DUE DOES NO INCiUDE PENALTY AND INTEREST, ;DUPLICATE)
T A X R E C E I P T - Y E A R
FREDER-CK COUNTY
C . W=7A , ORNDOFF, JR
P.O. BOX 225
WINCHESTER VA 22604
2000 REAL ESTATE TAXES
.56 ACRE 33 A
ACkw
2 0 0 0 ticket 0:00162490002 QO
Date ; 11/06/2000
Reqister: ESR/ES
Trans, 0: 03151
Dept 4 RE200002
ACCTO 6470
Previous Principal
93 Balance S 242.56
.56
Principal Being Paid $ 242.56
Land: 24000 Imp: 51800 Penalty $ .CO
Interest S .00
:OHNSCN, TIMOTHY W Amount Paid S 242.56
*Balance Due
4489 MART:WSBURG PIKE as of 11/06/2000$' .00
CLEARBROOK, VA
22624 1528
Pd by JOMSON, TIYCIHY WILLIAY.
ANY BAWC$ DUE DOES NO: INt DE PENALTY AND INTEREST.
(DUPLICATE)
► I A X RECEIPT - EAR
cREDER:CK CCJN':Y
WILLIAM ORNJOFr, M
P.O. BOX 225
W:NCHESTER VA 22604
2000 REAL ESTATE TAXES
1.33 ACRES 33, A
Ac;ea:
2 C 0 0 Tic 0 0:00162460002 @1
Date : 11/06/201,0
Reg45tsr: EWES
Trans. 0: 03151
Dept }1 ; RE200002
ACCT# 6469
Previous Principal
92 Balance $ 21.44
1.33
Principal Being Paid $ 21.44
Land: 6700 ia}: 0 Penalty $ .00
Interest S .00
JOHNSON, TIN.CT.{Y W Amount Paid $ 21.44
*Balance Due
4489 MARTINSBURG PIKE as of 11/G6/2000$ .00
CLEARBROOK, VA
22624 1528
?d by JOHNSON, TIMOTHY WILLIAM
ANY BA:ANCE BUE DOES NOT INCLUDE PENA:TY AND INTEREST. (DUPLICATE,•
A X R E C E I P T -
Y E A R
2 0 0 0 Ticket 4:00162480001 @9
M CERICK COLNTY
Date : 5/26/2000
C. WIL .IAM ORNCOFF, �"R
Register: ESR/ES
P.C. BOX 225
Trans. 0: 01861
Dept 0 : RE200001
WINCHMSTER VA 22604
ACCTN 6469
2000 REAL ESTATE TAXES
Previous Principal
1.33 ACRES
33, A
92 Balance $ 21.44
Acreel
1.33
Principal Being Paid $ 21.44
Land: 6700
Imp:
0 Penalty $ .00
Interest $ .0C
JMSON, TIMOTHY X
Amount Paid S 21.44
*Balance Due
4489 MARTINSBJRG ?:KE
as of 5/26/2000$ .00
CLEARBROOK, VA
Cash 264.CO
22624 1528
Pd by JOHNSON, TIMOTHY W
ANY BALANCE CCE DOES NC: IN�LUDE PENALTY AND INTEREST,
DU?1:CATS
All review agency comments shall be complied with at all times.
Health Department comments shall be addressed within 90 days of approval.
3. This assisted living facility shall be permitted to provide for a maximum of five qualifying adults.
4. No business sign will be permitted.
The applicant shall satisfy all licensing requirements of the Virginia Department of Social Services
and the County of Frederick.
Any change of use or expansion of the business will require a new Conditional Use Permit.
The vote on this recommendation for approval was as follows:
YES 1T0 APPROVE): Fisher, Kriz, Marker, Light, Unger, DeHaven
NO: Miller, Ours, Thomas, Wilson
Conditional Use Permit 005-00 of Timothy W. Johnson to operate a public garage with body repair.
This property, zoned RA (Rural Areas), is located at 4489 Martinsburg Pike and is identified with P.I.N.
33-A-92 in the Stonewall Magisterial District.
Action - Tabled for 60 Days
Mr. Mark Chcran, Planner I, read the background information and review agency comments.
He stated that the applicant proposes to build a three -bay, 60' X 60' garage to house his business and that all
repair work shall take place entirely within the enclosed structure. Mr. Cheran said that all exterior storage
of parts and equipment must be screened from view of surrounding properties by an opaque fence or screen
at least five feet in height and be adequately maintained.
Commission members had concerns about the number of inoperable vehicles that would be
permitted on the property; however, it was noted that under the Zoning Ordinance, inoperable vehicles are not
permitted in the RA (Rural Areas) Zoning District, unless they are completely screened from adjoining
properties or roadways.
A member of the Commission noted that body repair usually involves painting and this needs
to be environmentally controlled so that paint and fumes do not drift to adjoining properties. Staff replied that
the Fire Marshal and the Building Inspections Department has addressed this issue and it could be further
addressed during the site plan stage of development.
Members of the Commission suggested amendment of Condition #4 by specifying that no more
than five automobiles waiting repair shall be permitted "exterior to the structure." It was noted that the
Frederick County Planning Commission Page 498
Minutes of April 5, 2000
9
0 -6-
proposed building was large enough to hold any additional vehicles waiting for repair on the inside, away from
the view of adjoining property owners.
Mr. Timothy W. Johnson, the owner and applicant, said that he was proposing to use an
environmentally -approved spray booth and sprinkler system. Mr. Johnson stated that since the soil consultant
he hired could not find a sufficient perc site, the Health Department recommended that he use a pump and haul
system. Mr. Johnson said that he is proposing a small business, employing his son, himself, and maybe one
other employee.
Commission members inquired if Mr. Johnson had received any comments from the church
and if the proposed operation would conflict with any activities at the church. Mr. Johnson replied that he
spoke with the pastor of the church and they will be using the facility four days a month, usually on Sundays,
and they do not have any other service. Mr. Johnson said that his hours will be from 9:00 a.m. to 5:00 p.m.
weekdays and should not conflict with any activities at the church. Mr. Johnson said that he tried to speak with
all his adjoining property owners about his plans for the business.
Chairman DeHaven called for public comments and the following persons came forward to
speak:
Ms. Darian Hahn, formerly Ms. Darian Brandt, an adjoining property owner at 4469
Martinsburg Pike, raised concerns about screening, ventilation of the spray booth, hours of operation, and
where the garage will be located on the lot.
Mr. Manuel C. DeHaven, an adjoining property owner at 4273 Martinsburg Pike, with his
daughter, Rhonda Lynch, came forward, not to protest the application, but to ask why the applicant was not
proposing to rezone the property instead of applying for a conditional use permit. Mr. DeHaven said that the
whole parcel is surrounded by commercial property. He commented that considering the type of operation
proposed, and the fact that there is no well or septic system, it would be better for the applicant to apply for
a rezoning rather than a conditional use permit.
Mr. Robert Hahn, husband of Ms. Darian Hahn who previously spoke, asked what types of
paints will be sprayed on the property.
Mr. Edward Brandt, resident at 4412 Martinsburg Pike, was concerned about the lack of
sewage capability for the property and fumes emanating from the property.
Mr. Timothy Johnson came back up to the podium and addressed the concerns of the adjoining
residents who spoke.
Members of the Commission shared concerns about the water and sewer issues that the
applicant had not yet had an opportunity to address; these issues would need to be addressed before the
operation could begin. Concern was raised about the significant investment the applicant is proposing to make
on the property with, at the moment, no water source and no sewage disposal potential. It was pointed out that
a conditional use permit could be revoked for any number of reasons at any point in time and is not a by -right
use. Commissioners believed there was a good argument for this property being rezoned, as opposed to
attempting this size and scope of operation on a conditional use permit.
Frederick County Planning Commission
Minutes of April 5, 2000 Page 499
Commissioners asked Mr. Johnson ifhe would have a problem with a tabling ofthe application
for 60 days until he had an opportunity to address the issues concerning the water source and sewage disposal
and to also give him an opportunity to meet again with some of his neighbors. Mr. Johnson said that he would
not have any problems with tabling of his application.
In addition, members of the Commission stated that if the conditional use permit is pursued,
a tenth condition should be added to state there will be no application of flammable finishes exterior to the
building and the hours of operation under Condition 97 should be changed to 9:00 a.m. to 5:00 p.m., Monday
through Saturday.
Upon motion made by Mr. Light and seconded by Mr. Wilson,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table
Conditional Use Permit #05-00 of Timothy W. Johnson for a public garage with body repair for 60 days in
order for the applicant to explore some of the solutions to the issues that have been raised.
Conditional Use Permit #-06-00 of Lawrence W. Wallace, III for a cottage occupation for a gunsmith
shop. This property, zoned (RA) Rural Areas, is located at 1421 Adams Road and is identified with
P.I.N. 12-5-21 in the Gainesboro Magisterial District.
Action - Recommended Approval with Conditions
Mr. Mark R. Cheran, Planner I, read the background information and review agency
comments. Mr. Cheran reported that the business will be conducted in an accessory structure located in the
rear of the property, which is surrounded by natural wooded screening and buffers; the applicant proposes to
have five customers a month and operate three days per week; there will be no sales of firearms at the property;
and the applicant will not be testing any of the fire arms on the property.
Mr. Lawrence W. Wallace, 11I, the owner and applicant, explained that he assembles target
rifles for a regular clientele. Mr. Wallace stated that he is not open to the public and does not want to have a
sign for his business. He added that he does not test the assembled weapons on site.
Chairman DeHaven called for public comments and the following person came forward to
speak:
Mr. William Bowman, a neighbor residing at 1086 Adams Road, spoke highly of Mr. Wallace
and said he had no problems with Mr. Wallace's application for a cottage occupation for a gunsmith shop.
The Planning Commission had no issues with the proposal and based on the limited scale of
the proposed use, they believed it would not impact adjoining properties.
Upon motion made by Mr. Miller and seconded by Mr. Light,
Frederick County Planning Commission
Minutes of April 5, 2000 Page 500
n
Rezoning #05-01 Timothy Johnson Photo taken September 5, 2001
COUNTY of FREDERICK
Department of Pla❑❑ing aIId Development
540/665-5651
FAX: 540/665-6395
MWIFICATION OF PUBS !C HE`A h 1G
August 29, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: REZONING #05-01, TIMOTHY W. JOHNSON (tabled at the Aug. 8, 2001 meeting)
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, September 12, 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 #05-01 of Timothy W. Johnson, submitted by Greenway Engineering, to rezone 1.89
acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at 4489
Martinsburg Pike (2.1 miles north of Clearbrook on the west side of Rt. 11), and is identified with
Property Identification Numbers 33-A-92 and 33-A-93 in the Stonewall 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, o . at the Department of Planning and Development located at 107 North Kent Street in
Winched", Virginia.
Si
m1C KAawI'ence
Deputy Director
ERL/ch
04lgcndub\djoincrs\?001\TimothyJohnson.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
•
Tills is o certify t fat the attached correspondence was mailed to the following on
from the Departnicn1 of Planning and Development, Frederick
COL1Ilty, 1roIlia:
33 -A- - 91-
DEHAVEN, MANUEL C.
4273 MARTINSBURG PIKE
CLEARBROOK, VA. 22624.1532
33 - A- - 95-
BRANDT, DARIEN R
CIO HAWN, DARIEN R
CIO HAWN, DARIEN R
4469 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1528
33 - A- - 94-
COOKE, CHARLES A. & BETTY L.
4481 MARTINSBURG PIKE
CLEARBROOK, VA. 22624.1528
33 - A- - 92-
JOHNSON, TIMOTHY W
4489 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1528
STATE OF VIRGINIA
COUNTY OF FREDERICK
33A - 1- - 18-
ROBY, PHILLIP WENDELL & KIMBERLY F
4478 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1529
33A - 1- - 20-
SWARTZ, MARY A
4496 MARTINSBURG PIKE
CLEARBROOK, VA. 22624.1529
33A - 1- - 21-
ALLANSON, EDWARD E & BRENDA LEE
4504 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1526
Eric R. Lawrence, Deputy Director
Frederick COL111ty Planning Department
1. �1 , a Notary Public in and for the State and County
?9k (
aforesaicl, do hereby certify that Eric R. Lawrence, Deputy Director fort e Department of Planning
and Development, whose name is signed to the foregoing, clated - a - () I-, has
personally appeared before me and aclalowleclged the same in my State and County aforesaid.
Given under my hand this aq1 day of PtUCj(,(a} '-
)-co i
My commission expires on rfbruna,oa cam3
Hop
�-- — TARY PUBLIC
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
1 IWIFICATIONI OF PJ3! IC HEARING
July 25, 2001
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS
RE: REZONING #05-01, TIMOTHY W. JOIINSON
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, August 8, 2001 at 7:15 pan. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
Rezoning #05-01 of Timothy W. Johnson, submitted by Greenway Engineering, to rezone 1.89
acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at 4489
Martinsburg Pike (2.1 miles north of Clearbrook on the west side of Rt. 11), and is identified with
Property Identification Numbers 33-A-92 and 33-A-93 in the Stonewall 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.
Silcerely,
Eric R. Lawrence
Deputy Director
ERL/ch
0.bAgcndas\Adjoincrs\2001\TimothyJohnson w[A
107 North Kent Street • Winchester, Virginia 22601-5000
i
This is to certify that the attached correspondence was mailed to the following on
I • a5 - D , from the Department of Planning and Development, Frederick
County, Virginia:
33A 1 20
33 -A- - 91-
SWARTZ, MARY A
DEHAVEN, MANUEL C.
4273 MARTINSBURG PIKE
4496 MARTINSBURG PIKE
CLEARBROOK, VA. 22624.1532
CLEARBROOK, VA. 22624.1529
33 - A- - 95-
33A - 1- - 21-
ALLANSON, EDWARD E & BRENDA LEE
BRANDT, DARIEN R
4504 MARTINSBURG PIKE
CIO HAWN, DARIEN R
CLEARBROOK, VA 22624.1526
CIO HAWN, DARIEN R
4469 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1528
33 - A- - 94-
COOKE, CHARLES A. & BETTY L.
4481 MARTINSBURG PIKE
CLEARBROOK, VA. 22624.1528
33 -A- - 92- � G 3
JOHNSON, TIMOTHY W
4489 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1528
33A - 1- - 18-E Ic1
ROBY, PHILLIP WENDELL & KIMBERLY F
4478 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1529
Eric Vtk
wrens e )u Director
FredCounty Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
I &Afi A no ' �� � 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 Plan -ring
and Development, whose name is signed to the foregoing, dated —] • a ` - 01 , has
personally appeared before me and acluiowledged the same in my State and County aforesaid.
Given under my hand this a5 �ii clay of
Nly commission expireson-Feba) Q n / a e) -2 (.X-�, 3
k 40-�L
�----N-O- ARY PUBLIC
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
ioirmcriviu I OF PUBLIC HEWRING
June 18, 2001
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: REZONING #05-01, TIMOTHY W. JOHNSON
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Monday, July 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 #05-01 of Timothy W. Johnson, submitted by Grecnway Engineering, to rezone 1.89
acres from RA (Rural Areas) to B3 (Industrial Transition). This property is located at 4489
Martinsburg Pike (2.1 miles north of Clcarbrook on the west side of Rt. 11), and is identified with
Property Identification Numbers 33-A-92 and 33-A-93 in the Stonewall 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.
i icerely,
Eric R. Lawrence
Deputy Director
ERL/ch
0AAgcnd0tkdjoinm\2001 \TimothyJohnson.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
to - 1 6.0 1 from the Department of Planning and Development, Frederick
County, Virginia:
33A - 1- - 21-
33 - A- - 91-
ALLANSON, EDWARD E & BRENDA LEE
DEHAVEN, MANUEL C.
4504 MARTINSBURG PIKE
4273 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1526
CLEARBROOK, VA. 22624.1532
33 - A- - 95-
BRANDT, DARIEN R
CIO HAWN, DARIEN R
CIO HAWN, DARIEN R
4469 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1528
33 - A- - 94-
COOKE, CHARLES A. & BETTY L.
4481 MARTINSBURG PIKE
CLEARBROOK, VA. 22624.1528
33 - A- - 92-� 9 3
JOHNSON, TIMOTHY W
4489 MARTINSBURG PIKE
CLEARBROOK,VA 22624.1528
33A - 1. - 18-� 19
ROBY, PHILLIP WENDELL & KIMBERLY F
4478 MARTINSBURG PIKE
CLEARBROOK, VA 22624.1529
33A - 1- - 20-
SWARTZ, MARY A C
4496 MARTINSBURG PIKE
CLEARBROOK, VA. 22624.1529 Eric / Lawren(- ) my Director
Frederick County Planning Department
STATE OF VIRGINIA
COUNTY OF FREDERICK
1, he h Ano Hall , 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 I n . I le)-() I , has
personally appeared before me and acknowledged the same in my Statc and County aforesaid.
Given under my hand this (r4h day of JonC oco
My commission expires on I t"Q
r
-N TARY PUBLIC
�EZ TO: Barbara in Data Processing
` FROM: O Plannii partment
print �� Please ets of labels by: p — THANK YOU!!
Adjoining Property Owners
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 Manuel Dehaven
1908 S. Loudoun Street
Winchester, VA 22601
Property # 33-A-91
Name Darien R. Brandt
4273 Martinsburg Pike
Clearbrook, VA 22624
Property # 33-A-95
Name Charles &Betty I. Cooke
4481 Martinsburg Pike
Clearbrook, VA22624
Property It 33-A-94
Name
Property it
Name
Property #
Name
Property #
Name
Property # 3 3 A — Zo
Name
Property # 3 3 A--
Name
Property #