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05-19 Martinsburg Pike LLC (Donato Lanzeta) - Stonewall - PINs 44-A-58, 59, 60 with Proffer - Backfile
��Z RONING TRACKING SHEE3' chi-vk I.ict- Application Form ✓ Fee & Sign Deposit Proffer Statement ✓ Deed Impact Analysis V Plat/Survey Adjoiner List Taxes Paid Statement 0 � Z � 413190 9131ao Sys ID # File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting ACTION: `►1 Board of Supervisors Meeting ACTION: -� Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Scanning updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended DAre -Mt 1 RECEIVf:D FROM L AD[ RESS'� 1 V v-,'`U_Q 1�\�r��� POR G I ACCOUNT HOW PAID BEGINNING ISAIANCE CASII _ B)UNi I t CHECK �- IfSCANCE MONEY ❑ur. c)BI>iB �► nc�«-�� V,/ bw DOLI�RS BY 681404 Vr (02001 S1657N-CL COUNTY oFFREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 27, 2020 John Lewis Painter -Lewis, P.L.C. 817 Cedar Creek Grade Suite 120 Winchester, VA 22601 RE: REZONING #05-19 Martinsburg Pile, LLC. PINS: 44-A-58, 44-A-59 and 44-A-60 Dear Mr. Lewis: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting on January 22, 2020. The above -referenced application was approved to rezone 1.724+/- acres from the RA (Rural Areas) District to the 132(General Business) District with proffers. The properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of Stephenson Road in the Stonewall Magisterial District and are identified by Property Identification Numbers 44-A-58, 44-A-59, and 44-A-60. The proffer statement, dated October 17, 2019 that was approved as a part of this rezoning application are unique to the above referenced properties and are binding regardless of ownership. Enclosed is a copy of' the adopted proffer statement for your records. Pursuant to §165.102.06E, the County Attorney will present the written proffer to the Frederick County Clerk of Circuit Court for recordation. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pd Attachments cc: Judith McCann -Slaughter, Supervisor Stonewall District Gary R. Oates and William H. Cline, Stonewall District Planning Commissioners .lane Anderson, Real Estate Commissioner of Revenue Rod Williams, County Attorney w/Proffer and Resolution Martinsburg Pike, LLC Donato Lanzeta, 109 Wild Rose Circle, Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • 46 Pam Deeter From: Microsoft Outlook To: Gary Oates Sent: Monday, January 27, 2020 3:53 PM Subject: Relayed: Rez#05-19 Martinsburg Pike LLC Delivery to these recipients or groups is complete, but no delivery notification was sent by the destination server: Gary Oates (oatesgrC-Oaol.com) Subject: Rez#05-19 Martinsburg Pike LLC 0 1 Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Monday, January 27, 2020 3:53 PM Subject: Delivered: Rez#05-19 Martinsburg Pike LLC Your message has been delivered to the following recipients: Judy McCann -Slaughter jslaughter(sfcva,us) Subject: Rez#05-19 Martinsburg Pike LLC 0 1 Pam Deeter To: Judy McCann -Slaughter; Gary Oates; wcline.fredcogovpc@icloud.com Subject: Rez#05-19 Martinsburg Pike LLC Attachments: Martinsburg Pike (Donato Lanzetal) #05-19Approval.doc Good afternoon, Please find an approval letter from Ms. Perkins for the Rez. #05-19 Martinsburg Pike LLC. If you have any questions, please contact Ms. Perkins. Pam Deeter, Secretary II Dept. Planning & Development 107 N. Kent St. Suite 202 540-665-5651 pdeeter@fcva.us E • REZONING APPLICATION #05-19 41G�` Coy MARTINSBURG PIKE, LLC. Staff Report for the Planning Commission Prepared: December 6, 2019 ® Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director J�1ry 173R Reviewed Action Planning Commission: 12/18/19 Pending Board of Supervisors: 01/08/20 Pending PROPOSAL: To rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. LOCATION: The subject properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south Stephenson Road. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/18/19 PLANNING COMMISSION MEETING: This is an application to rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. The site contains three properties, one contains a nonconforming structure that was once operated as a store but has been closed more than two years, one parcel is vacant and one parcel contains a single family dwelling. The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The 2035 Comprehensive Plan identifies these with a mixed use industrial/office land use. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by residential property to the south and east, the requested commercial may be acceptable as it is of a lesser impact to the surrounding properties. The owner intends to operate a restaurant in the existing commercial restaurant. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated October 17, 2019: 1. The existing interior lot lines will be vacated, and the three parcels will be consolidated into one lot. 2. The driveway connection from the existing residential use to Route 11 will be eliminated. 3. The owner will provide 6.5' of right of way dedication for future road improvements along Route 11. 4. The owner will reserve 12' of right of way for future road improvements. Ownership of this reservation area will be ceded to Frederick County upon demand to accommodate future road improvements along Route 11. 5. The owners of this property will donate or will cause to be donated to Frederick Cunty the sum of $310.40 ($0.10 per square foot of commercial space) for impacts to fire and rescue services. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Rezoning #05-19 MARTINSBURG PIKE, LLC. December 6, 2019 Page 2 Planning Commission. Rezoning #05-19 MARTINSBURG PIKE, LLC. December 6, 2019 Page 3 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by sdaff where relevant throughout this�taff report. i Reviewed Action Planning Commission: 12/18/19 Pending Board of Supervisors: 01/08/20 Pending PROPOSAL: To rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. LOCATION: The subject properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of Stephenson Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-58, 44-A-59 and 44-A-60 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant commercial building and residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: MH-1 (Mobile Home Community) Use: Residential M 1 (Light Industrial) Industrial East: RA (Rural Areas) Use: Residential M1 (Light Industrial) Residential West: MH-1 (Mobile Home Community Use: Residential Rezoning #05-19 MARTINSBURG PIKE, LLC. December 6, 2019 Page 4 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the rezoning application for Lanzeta Properties ' located on Rte. 11 in Frederick c_,unty, VA. This application is to rezone 1.724 acres identified as parcels TM #44-A-48, TM 444-A-59 and TM #44-A-60 from RA to B2. The proposal is to consolidate the three lots into one, if the rezoning is successful. We offer the following comments: Frederick County's Comprehensive Plan calls for this segment of Rte. 11 to be a future Urban 6 lane divided highway (U6D). We suggest coordination with County Staff to determine appropriate future right-of-ways needs. Please remove the proposed "improved driveway and access to residence" from the last sheet of this submittal. Entrance proposals and design will take place at the site plan stage. Thank you for submitting this rezoning application to our office for review. Please feel free to contact me if you have any questions. Frederick County Transportation: Regarding ROW reservation/dedication I would suggest you consider a bit of a hybrid. Typically it is preferable to get the full right-of-way dedication up fropt so the site can develop with that in mind but it is my understanding that the right-oiway for a six lane ute 11 1a as theQomprehensive Flan calls for would render the site undevelopable since you are trying to use the N existing structure. Given the fact that the 6-lane facility is likely a long term improvement and a 4 lane facility is more likely to happen sooneAd would suggest consideration of a dedication sufficient to accommodate the 4-lane roadway with a future reservation for the 6-lane that would perhaps be triggered by redevelopment. Based on coordination with VDOT the width from the center of the existing right -of way that would be needed for a 4-lane facility with sidewalk in the right of-way-would� be 46.5'. That grows by an additional 12' for the future'si! , land roadway. This assumes a curb and gutter roadway and does not include right turn lane which would depend upon warrants. A turn lane analysis is suggested to determine if would be warranted. *ROW needs have been included in the proffer . Virginia Dept. of Health: Please see letter from Jim Davis, REHS Environmental Health Supervisor dated September 5, 2019. Frederick Water: No comments at this time. Frederick County Department of Public Works:_ We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Frederick County Department of Parks & Recreation: Park and Recreation recommends some form of bicycle/pedestrian accommodation along the Route 11 frontage. County of Frederick Attorney: I am in receipt of your letter dated October 8 and accompanying revised proffer statement. I believe that the revisions address my previous concerns. • 0 Rezoning #05-19 MARTINSBURG PIKE, LLC. December 6, 2019 Page 5 Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for both parcels 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. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The 2035 Comprehensive Plan identifies these with a mixed use industrial/office land use. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by residential property to the south and east, the requested commercial may be acceptable as it is of a lesser impact to the surrounding properties. Transportation The site currently has one large entrance on Martinsburg Pike that served t e existing commercial structure and one entrance that serves the residential use. The Opplicant is-4 proposing to consolidate thos entrances into one and will modify the commercial entrance to meet VDOT standards. The pplicant is also proffering right-of-way dedications to meet the future widening of Martinsburg Pike. A recommendation regardinz this rezoninz application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planninm Commission. • . Rezoning #05-19 MARTINSBURG PIKE, LLC. December 6, 2019 Page 6 r REZ # 05 - 19: Martinsburg PiRl, LLC PINs:44-A-58,44-A-59,44-A-60 Rezoning from RA to B2 Zoning Map S5-:�- 1'! S t- 3. K Application Parcels B2 (General Business District) B3 (Industrial Transition District) M1 (Light Industrial District) MH1 (Mobile Home Community District) I� A ` 2662 "m /0 INARIINSRURG /IRE 141) /+,,(,N►��',�1�/� W ?Y'r E S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 280 Feet Map Created: October 29. 2019 REZ #'05 - 19: Martinsburg Pik%, LLC PINs: 44 - A - 58, 44 - A - 59, 44 - A - 60 Rezoning from RA to B2 Location Map PIKE /�; REYa05- OW 26S7 Nu1"INU PIKE it REZ n05-19 * _ it Ilk f M , � V � ♦ Jp {+N W f: S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 280 Feet Map Created: October 29. 2019 REZ # D5 - 19: Martinsburg PikT, LLC PINs: 44 - A - 58, 44 - A - 59, 44 - A - 60 Rezoning from RA to B2 Long Range Land Use Map 267J MAR7INSWRG /IRE 11 Application Parcels Long Range Land Use Residential Neighborhood Village •,*So> Urban Center - Mobile Home Community QBusiness OHighway Commercial Mixed -Use ® Mixed Use Commercial/Office 40 Mixed Use Industrial/Office - Industrial ® Warehouse QDHeavy Industrial • Extractive Mining 1i Commercial Rec i) Rural Community Center Fire & Rescue • Sensitive Natural Areas ® Institutional • Planned Unit Development %ff/ Park Recreation School Employment Airport Support Area O B2 / B3 OResidential, 4 u/a High -Density Residential, 6 u/a QHigh -Density Residential. 12-16 u/a ORural Area Interstate Buffer Landfill Support Area Natural Resources & Recreation +� Environmental & Recreational Resources ff Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 280 Feet Map Created: October 29. 2019 14,1 0 0 REZONING APPLICATION #05-19 1GK , CO MARTINSBURG PIKE, LLC. � Staff Report for the Board of Supervisors w Prepared: January 13, 2020 Staff Contact: Candice C. Perkins, AICP, CZA, Assistant Director ,Flil1/ Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 1.724+/- acres From the RA (Rural Areas) District to the 132 (General Business) District with proffers. LOCATION: The Subiect properties are located at 2674 and 2682 IVlartnsburg Pike approximately 1,000 feet south Stephenson Road. EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 01/22/20 BOARD OF SUPERVISORS MEETING: This is an application to rezone 1.724+/- acres fi'om the RA (Rural Areas) District to the 132 (General Business) District with proffers. The site contains three properties, one contains a nonconforming structure that was once operated as a store but has been closed more than two years, one parcel is vacant, and one parcel contains a single-family dwelling. The site is located .vithin the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The 2035 Comprehensive Plan identifies these with a mixed use industrial/office land use. The owner intends to operate a restaurant in the existing commercial structure. The site was previously utilized as a country general store (Oates Grocery). In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. I-lowever, considering the site is bordered by residential property to the south and east and was previously utilized for commercial purposes, the requested commercial may be acceptable as it is of a lesser impact to the surrounding properties. The proffers associated with this rezoning request are as follows: Proffer Statement — Dated October 17, 2019: 1. The existing interior lot lines will be vacated, and the three parcels will be consolidated into one lot. 2. The driveway connection fi'om the existing residential use to Route I I will be eliminated. 3. The owner will provide 6.5' of right of way dedication for future road improvements along Route 11. 4. The owner will reserve 12' of right of way for future road improvements. Ownership of this reservation area will be ceded to Frederick County upon demand to accommodate fixture road improvements along Route 11. 5. The owners of this property will donate or will cause to be donated to Frederick County the sum of $310.40 ($0.10 per square foot of commercial space) for impacts to fire and rescue services. Follmyinz the required public hearing, a decision reaardin,L' this re Zoning application by the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Rezoning #05-19 MARTINSBURG PIKE, LLC. January 13, 2020 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by Staff where relevant throughout this Staff report. Reviewed Action Planning Commission: 12/18/19 Recommended Approval Board of Supervisors: 01/22/20 Pending PROPOSAL: To rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. LOCATION: The subject properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of Stephenson Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 44-A-58, 44-A-59 and 44-A-60 PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Vacant commercial building and residential ADJOINING PROPERTY ZONING & PRESENT USE: North: RA (Rural Areas) Use: Residential South: MH-1 (Mobile Home Community) Use: Residential M I (Light Industrial) Industrial East: RA (Rural Areas) Use: Residential M 1 (Light Industrial) Residential West: MH-1 (Mobile Home Community) Use: Residential Rezoning 1/05-19 MARTINSBURG PIKE, LLC. January 13, 2020 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: We have reviewed the rezoning application for Lanzeta Properties located on Rte. I I in Frederick County, VA. This application Is to i-ezonc 1.724 acres identified as parcels TM #44-A-58, TM 944-A-59 and TM #44-A-60 G-om RA to B2. The proposal is to consolidate the three lots into one, if the rezoning is successful. We offer the following comments: Frederick County's Comprehensive Plan calls for this segment of Rte. I I to be a future Urban 6 lane divided highway (U61D). We suggest coordination with County Staffto determine appropriate future right- of-ways needs. Please remove the proposed "improved driveway and access to residence" from the last sheet of this submittal. Entrance proposals and design will take place at the site plan stage. Thank you for submitting this rezoning application to our office for review. Please feel free to contact ale if YOU have any questions. Frederick County Transportation: Regarding ROW reservation/dedication I would suggest you consider a bit of a hybrid. Typically, it is preferable to get the full right-of-way dedication up front so the site can develop with that in mind, but it is my understanding that the right-of-way for a 6-lane Route 1 I as the comprehensive plan calls for would render the site undevelopable since you are tiying to use the existing structure. Given the fact that the 6-lane facility is likely a long-tei-m improvement and a 4-lane facility is more likely to happen sooner I would suggest consideration ofa dedication sufficient to accommodate the 4- lane roadway with a future reservation for the 6-lane that would perhaps be triggered by redevelopment. Based on coordination with VDOT the width from the center of the existing right-of-way that would be needed For a 4-lane facility with sidewalk in the right-of-way would be 46.5'. That grows by an additional 12' for the filture 6-lane roadway. This assumes a club and gutter roadway and does not include right turn lane which would depend upon warrants. A tlli'll lane analysis is suggested to determine if would be warranted. *R01Yneeds have been included in the proffer. Virginia Dept. of Health: Please see letter from Jim Davis, REHS Environmental Health Supervisor dated September 5, 2019. Frederick Water: No comments at this time. Frederick County Department of Public Works: We offer no comments at this time. Frederick County Fire Marshall: Plan approved. Frederick County Department of Parks & Recreation: Park and Recreation recommends some form of bicycle/pedestrian accommodation along the Route 1 1 frontage. County of Frederick Attorney: I am in receipt of your letter dated October 8 and accompanying revised proffer statement. I believe that the revisions address my previous concerns. Rezoning #05-19 MARTINSBURG PIKE, LLC. January 13, 2020 Page 4 Planning & Zoning: 1) Site History The original Frederick County Zoning Map (U.S.G.S. Stephenson Quadrangle) depicts the zoning for both parcels 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. 2) Comprehensive Plan The 2035 Comprehensive Plan is the guide for the future growth of Frederick County. The 2035 Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans, Appendix I of the 2035 Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Land Use The site is located within the limits of the Northeast Frederick Land Use Plan of the 2035 Comprehensive Plan. The 2035 Comprehensive Plan identifies these with a mixed use industrial/office land use. In general, the proposed commercial zoning is inconsistent with the current land use supported by the Comprehensive Plan. However, considering the site is bordered by residential property to the south and east, the requested commercial may be acceptable as it is of a lesser impact to the surrounding properties. Transportation The site currently has one large entrance on Martinsburg Pike that served the existing commercial structure and one entrance that serves the residential use. The Applicant is proposing to consolidate those entrances into one and will modify the commercial entrance to meet VDOT standards. The Applicant is also proffering right-of-way dedications to meet the future widening of Martinsburg Pike. PLANNING COMMISSION SUMMARY AND ACTION FROM THE 12/18/19 MEETING: Staff reported that this application is to rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. The site contains three properties, one contains a nonconforming structure that was once operated as a store but has been closed, one parcel is vacant, and one parcel contains a single-family dwelling. The subject properties are located at 2674 and 2682 Martinsburg Pike. Staff then provided an overview of the proffers offered with the rezoning. Rezoning 905-19 MARTINSBURG PIKB, LLC. January 13, 2020 Page 5 Commissioner Morrison requested clarification ifthe proffers arc enough per VDOT for any expansions. Mr. Bishop explained that it is enough per the discussions with VDOT. Comlllissioner Morrison asked if a turn lane would ever be needed. Mr. Bishop replied it would not for this use. Mr. John Lewis of Painter -Lewis, P.L.C, representing the Applicant, came forward to add that this is for a (16) sixteen seat restaurant. It is anticipated that most of the orders will be take-out with the surrounding developments. There were llo public COI11111CIltS (ILII'Illg the public hearing and the Planning Commission recommended mended approval of tlic rezoning application. 1'ollolyinQ the !required public hearin,L', 11 decision reLTardinky thin rezoning application by the Board of Supervisors rvorll(1 be appropriate. The Applicant shorn(/ be prepared to adeguately a(l(Iress all concerns raised by the Board of Supervisors. REZ # 05 - 19: Martinsburg Pike, LLC PINs: 44 - A - 58, 44 - A - 59, 44 - A - 60 Rezoning from RA to B2 Zoning Map REZ tt05-19 REZ ¢0.5- 19 "-e WM Application Parcels 82 (General Business District) B3 (industrial Transition District) M1 (Light Industrial District) NH1 (Mobile Home Community District) ti Frederick County Planning & Development 107 N Kent St Winchester VA 22601 540 - 665 - 5651 0 o 40 280 Feet Map Created: October 29. 2019 REZ # 05 - 19: Martinsburg Pike, LLC PINs: 44 - A - 58,44 - A - 59,44 - A - 60 Rezoning from RA to B2 Location Map , IF qW �i GLVCXFl I-' aAWLI 3 41A59 i 44 A•58 I� 1- 1 T6aa � MARYINSBURG YIKt 1 u i6rA IARrINSSURG 'i1KEF J, d• j Vf • � 10 4f ti Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 u 70 140 280 Feet Map Created: October 29, 2019 REZ # 05 - 19: Martinsburg Pike, LLC PINs: 44 - A - 58, 44 - A - 59, 44 - A - 60 Rezoning from RA to B2 Long Range land Use Map 2677 MARIINSSUw.. ►IKE Appl ation g Parcels Parcels Long Range Land Use O Resxyential Neighborhood Village Urban Cente, - Mobile Home Community (:D Business Highway Commercia Mixed -Use ® Mixed Use Commerc avOttrce ® Mixed Use Industna"ice r© Industrial ® Warehouse Heavy Industrial 0 Extractive Mrn,ng Commercial Rec Rural Community Center Fire & Rescue 0 Sensitive Natural Areas ® Inslitutional - Planned Unit Development /1/ Park Recreation School Employment 0 Airport Support Area O B2 / B3 OResidential 4 u/a OHigh -Density Residential 6 u)a 0 High -Density Residential 12-16 We ORural Area Intersta Su pport Buller Landfill Support Area Natural Resources & Recreation OEnvironmental 8 Recreational Resources % 0 ;n I.0 280 Feet %%Ao �p 1 N 1. ti Frederick County Planning 8 Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 Map Created: October 29. 2019 TEM ENT Martinsburg Property: 0.5739 acres Parcel TM #44-A-59 Property: 0.5739 acres Parcel TM #44-A-60 Property: 0.5762 acres Nall Magisterial October 17, 20" Prepared by: PAINTER-LEWIS, 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1807028 0 PROFFER STATEMENT PARCEL ID 44-((A))-58, 44-((A))-59, 44-((A))-60 INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that the Board of Supervisors of Frederick County shall approve Rezoning Application # for the rezoning of 1.724 acres of Parcels #44-A-58, #44-A-59, and #44-A-60 from RA to B2, development of this particular 1.724 acres will be in conformity with the terms and conditions set forth in this document and the attached "GENERALIZED DEVELOPMENT PLAN". These terms and conditions may be subsequently amended or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the property owners and their legal successors or assigns. PROFFERS 1. The existing interior lot lines will be vacated and the three parcels will be consolidated into one lot. 2. The driveway connection from the existing residential use to Route 11 will be eliminated. 3. The owner will provide 6.5' of right or way dedication for future road improvements along Route 11. 4. The owner will reserve 12` of right of way for future road improvements. Ownership of this reservation area will be ceded to Frederick County upon demand to accommodate future road improvements along Route 11. These proffers will be completed upon approval of the next site plan for any facility or structure on these subject lands. Monetary Contribution to Frederick County Service Organizations The owners of this property will donate or will cause to be donated to the Frederick County the sum of $310.40 ($0,10 per square foot of commercial space) for impacts to fire and rescue services. This sum will be paid upon the approval of the next site plan for any facility or structure on these subject lands. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns and successors in the interest of the owners. In the event that the Frederick Country 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 44-((A))-58, 44-((A))-59, 44-((A))-60 Submitted By: Martinsburg Pike, LLC Date: 10-1-t-klt STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged Dci ,(�Iaz by Donato Lanzeta. My commission expires on `.1 - before me this 1 My fn' r co1mR41SSION _- tol wPER 7515853 day of 2 0 MARTINSBURG PIKE - U.S. ROUTE 11 (VARIABLE WIDTH RfW)'_ - - - - - - - - - - - - - - -- _T IMPROVED DRIVEWAY AND ACCESS TO RESIDENCE 46.50' N4V�8:f_ 176.30' 13=2904.79' AaJ23,D' 10' PRK( SEMACK L6.5' RIGHT OF WAY DEDICATION 12' RIGHT OF WAY RESERVATION ZONING.- M1 U 0 z z z X L4 COMMERCLAL NEW PARCEL AREA=1.724 ACRES 3,104 SF RESIDENTIAL o 0 _j jy S40'3B'28W 299.97' EXISTING VEGATATION 2MR pt ------- ZONING: MI ZONING: MH1 RESIDENTIAL ALA X PAINTER-LEWIS, P.L.C. PROJECT; GENERALIZED DEVELOPMENT SURVEY.' NA C.I.; NA 817 Cedar Creek Grade, Suite 120 PLANDRAWN BY: JOB No.: Winchester, Virginia 22601 MARTINSBURG PIKE, LLC P—L 1807028 FEW= Telephone (540)662-5792 TM #44-A-58,59,60 SCALE- 10-50, DATE: 10/18/19 CONSULTING Facsimile (540)662-5793 FREDERICK COUNTY, VA. SHEET., GDP ENGINEERS Email office0painterlewls.corn i1�1���t i uyt� ORDINANCE Action: PLANNING COMMISSION: December 18, 2019 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: January 22, 2020 ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 1105-19 MARTINSBURG PiKE, LLC WHEREAS, REZONING 905-19 MARTINSBURG PIKE, LLC, submitted by Painter -Lewis, P.L.C. to rezone 1.724-1-/- acres from the RA (Rural Areas) District to the 132 (General Business) District with proffers with a final revision date of October 17, 2019. 'file subject properties are located at 2674 and 2683 Martinsburg Pike approximately 1,000 feet south of Stephenson Road, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-58, 44-A-59 and 44-A-60; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 18, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2020; 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 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 rezone 1.724+/- acres fi-om the RA (Rural Areas) District to the 132 (General Business) District with proffers with a final revision date of October 17, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22nd day of January 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Shawn L. Graber J. Douglas McCarthy Robert W. Wells Gene E. Fisher Judith McCann -Slaughter Blaine P. Dunn A COPY ATTEST Kris C. Tierney Frederick County Administrator PDRes. #04-20 IMPACT ANAL ATEMENT Lanzeta Properties Martinsburg Pike, LL Property: 0.5739 acres Parcel TM #44-A-59 Property: 0.5739 acres Parcel TM #44-A-60 Propertv: 0.5762 acres vall Magisterial August 30, 201 PAINTER-LEWIS, 817 Cedar Creek Grade, Suite Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1807028 `J L IMPACT ANALYSIS STh, EMENT PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 section IMPACT ANALYSIS STATEMENT TABLE OF CONTENTS page L INTRODUCTION 2 A. SITE SUITABILITY 2 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 I. COMMUNITY FACILITIES 5 J. LOT CONSOLIDATION 6 IMPACT ANALYSIS STA) LMENT PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 I. INTRODUCTION Martinsburg Pike LLC wishes to convert the old Oates Grocery store into a restaurant. The old store building contains 3,104 square feet and will be renovated to contain a pizza restaurant. The building is located on TM#44-A-58 which contains 0.5739 acres. Martinsburg Pike LLC also owns two adjoining lots. Please refer to Exhibit 1 in the Appendix for a location map. TM #44-A-59 contains a single family house on 0.5793 acres which will remain. TM #44-A-60 contains 0.5762 acres and is currently vacant. All lots are zoned RA -Rural Agricultural District. Under this rezoning application, Martinsburg Pike LLC proposes to rezone all three lots from RA to 132-General Business District. Please refer to Exhibit 2 for a property overview exhibit. See Exhibit 3 for a metes and bounds illustration of the area to be rezoned. A. SITE SUITABILITY The subject parcels are located on the east side of Martinsburg Pike about 800 feet south of Stephenson Road in the Stonewall Magisterial District. This site is suited for rezoning to the General Business District. The Eastern Frederick County Long Range Land Use Plan designates these parcels as "Mixed Use Industrial/Commercial". The parcels are within the Sewer and Water Service Area. Public water serves the current residential property and the former grocery store. There is no public sanitary sewer service. The properties are served by an on -site sewage disposal systems. As part of the rezoning, a plan for continued on -site sewage disposal will be presented to the Virginia Department of Health. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 51069 CO250 D shows the subject area to be outside of any flood hazard zone. WETLANDS No jurisdictional wetlands have been identified on this property. STEEP SLOPES No steep slopes have been identified on this property. MATURE WOODLANDS No mature woodlands have been identified on this property. SOILS According to the Soil Survey of Frederick County, the property contains the following soil types: Frederick-Poplimento loams (14B) and Swimley silt loam (39B & 39C). These soils are generally moderately deep and formed from weathered limestone. The 2 0 0 IMPACT ANALYSIS STAI cMENT PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 Hydrologic Soils Groups are B and C. Weathered bedrock can be expected at depths exceeding 80 inches below the ground surface, B. SURROUNDING PROPERTIES The property to be rezoned is surrounded by residential and commercial properties. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 44-A-57 Gary L. Payne etals M1 Commercial 44-A-56 Jack K. Wam ler Sr. & Jr. MH1 Residential 44-A-61 Ernest & Mary Bailey, Trustee RA Residential 44-A-73 Brandy & Dale Hager RA Residential 44-A-74 Douglas Keracofe RA Residential 44-1-D Gar L_ Payne RA Residential 44-1-A Simkhovitch Family Living Part. LP RA Residential Rezoning the property to B2 will create the requirement for buffers and landscaping along adjacent properties in accordance with Section 165-203.01 of the Frederick County Zoning Ordinance. The adjacent parcel which is zoned M1 would typically require an "A" category buffer consisting of an inactive buffer of,25' and an active buffer of 25'. However, the existing building on TM # 447A-58 is located 10' off the common property line, therefor the inactive/active buffer distance for this,site will be 10' along this common property line. Refer to the Generalized Development Plan. C. TRAFFIC Access to the property is via Martinsburg Pike, Route 11, a Minor Arterial Road. According to figures from the Virginia Department of Transportation, the traffic on route 11 at this location is .5400 vehicles per day. The existing access will be improved and the existing driveway to the residence will be eliminated. Traffic generation estimates for the proposed uses of the property can be made using the iTE Trip Generation Manual, 9th Edition, Volume 2. Trip estimates .are based on a 16 seat restaurant and one single family residence. The estimates are shown below. TRAFFIC IMPACT: DATA SOURCE: ITE TRIP GENERATION MANUAL-9th EDITION -VOLUME 3 Land Use 932: high -turnover restaurant with 16 seats Weekday: 16x4.83=77 trips (50% entering, 50% exiting) AM Peak Hour: 160.6=10 trips (58% entering, 42% exiting) P.M Peak Hour: 16x0.72=12 trips (52% entering, 48% exiting) Saturday: 16x6.21=99 trips (50% entering, 50% exiting) Sunday: 16x5.17=82 trips (50% entering, 50% exiting) .3 0 IMPACT ANALYSIS STAI uN1ENT PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 Land Use 210: Weekday: AM Peak Hour: PM Peak Hour: Saturday: Sunday: Totals: Weekday: AM Peak Hour: PM Peak Hour: Saturday: Sunday: single-family detached housing 1 x9.52=10 trips (50% entering, 50% exiting) 10.77=1 trips (26% entering, 74% exiting) 1x1.02=1 trips (64% entering, 36% exiting) 1x9,91=10 trips (50% entering, 50% exiting) 1x8.52=9 trips (50% entering, 50% exiting) 87 trips (50% entering, 50% exiting) 11 trips 13 trips 109 trips (50% entering, 50% exiting) 91 trips (50% entering, 50% exiting) D. SEWAGE CONVEYANCE AND TREATMENT The site is within the limits of the Frederick County Sewer and Water Service Area. There are no public sewerage facilities serving the immediate area. The closest public sewer is located at Yardmaster Court, approximately 900 feet to the north. This property and the adjacent parcels are served by individual, private, on -site sewage disposal systems. The former Oates Grocery Store and previously existing residential mobile home were served by a conventional on -site disposal system consisting of a septic tank and drainfield. A new pretreatment system will be installed along with the renovation of the old store which will produce a high quality effluent to be disposed in the existing drainfield. The total daily flow from the proposed use will be about 860 gallons. The Virginia Department of Health has required that a reserve drainfield with the capacity to dispose 860 gallons per day be located. This drainfield has been located on TM #44-A- 60. E. WATER SUPPLY The site receives domestic and fire flow from Frederick Water. A 10" diameter waterline is located on the south side of the Route 11 right of way. The water demand is essentially limited by the sewage treatment capacity. It is anticipated that the proposed use will require a maximum of 860 gallons of water per day. A new water meter will be installed along with the renovation of the old store. F. DRAINAGE Development of the site for the proposed use will not result in significant increase in impervious surfaces. There will be little or no increase in stormwater runoff form the site. Stormwater management will be provided in accordance with the Frederick County Code, Chapter 165 and Chapter 143. With no increase in runoff and a disturbed area I M PACT ANALYSIS STA7cMENT PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 less than one acre, there will be no storm water management system installed along with the renovation, G. SOLID WASTE DISPOSAL FACILITIES In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately ten pounds of solid waste per employee per day that will be transported to the landfill. The anticipated maximum number of daily employees is 6. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that the annual cost in tipping fees will 'be about $468. H. HISTORIC SITES AND STRUCTURES This site does not contain any historic or "potentially significant" historic structures as listed in The Rural Landmarks Survey Report of Frederick County, The "Survey" lists three sites to the north of the site as significant for their architectural style. Please refer to Exhibit 4. The "Possible Historic Districts" map from the 2035 Comprehensive Plan shows the Brucetown district to the north of the site and the Third Winchester Battlefield to the south of the site. Please refer to Exhibit 5, According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies within or in close proximity to the commonly accepted limits of the civil war battle known as Stephenson Depot. Please refer to Exhibit 6. 1. COMMUNITY FACILITIES DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by ,policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department The nearest fire and rescue facility is Station 13 Clear Brook Fire and Rescue located at 1256 Brucetown Road, approximately two miles to the north of the property in Clear Brook. IMPACT ANALYSIS STATEMENT PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 No additional fire and rescue facilities will be required for the area proposed to be rezoned. The owner recognizes the importance of emergency services and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning, the three lots will be consolidated into one lot. Consolidation will eliminate interior lot lines. I] 9 IMPACT ANALYSIS STAI L:i\AENT PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 APPENDIX EXHIBIT 1 LOCATION MAP EXHIBIT 2 PROPERTY EXHIBIT EXHIBIT 3 METES &BOUNDS MAP EXHIBIT 4 RURAL LANDMARKS SURVEY EXHIBIT 5 HISTORIC DISTRICTS MAP EXHIBIT 6 CIVIL WAR BATTLEFIELDS MAP b� = • F V� .O 0 i' 0 Ur 0 Zvi r Z O o (D L W -. (LLL U t R v �0 a N c � 0- 0 L = au c C 0 €_�h - V � u ??C 8S C? UN V Ffi !0 E C Y � '9 9Zt? dp`h� LL G r� PAINTER-LEWIS, P.L.C. PROJECT: LOCATION MAP SURVEY: NA C.i.: NA �= _ ��— CONSULTING ENGINEERS 817 Cedar Creek Grade , Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 Email office®painterlewis.com MARTINSBURG PIKE, LLC TM #44—A-58,59,60 FREDERICK COUNTY, VA. DRABY: —L P-L toe No.: 1807028 SCALE: NA DATE: 8/30/19 SHEET: 0 9 MARTINSBURG PIKE - U.S. ROUTE 11 (VARIABLE WIDTH R1W)_ N4D'38' 8"E 1 i Ek. Gnrval Parking Fir. I Story Block Bldg. FF-6M.85t x 10.00' ( I N40I38'28 _1 I _ I ID m JAL - pp0 1' ( 76.30' C1 .. G3 C2 ... ..�, I I I Fir. 1 Story Brick Nou50 704.85' aF 632.85 7Mi�+4—A—SB I TA/�44—A-59 AlARMSBURG PIKE LLC ANSr 190 00 PIKELLC INST 19000056E D.INST 19000066E ONE' RA R57,39 AC ZAC ZONE.• RA ZONE I I 100,00, W144- A-57 GORY L. PAYNE, UICIMLI L. PAYNE 38'28'W 1=00' S40'38'280W '299.97' �Iro N' N U, Q 0 TV 44 A-60 ,J MARMSBURG PIKE LLC INST 190000668 0.5792 AC ZONE R-1 i t' I JJ 540'38'28`W 99,97' WAMPLER S A10BlLE f/0Mf5 JACK K. WAMPLLR JR. POLLY J. WAMPLER WILL INSMJI8000025I D.B. 927, PG. 1084 ZONE MNl II I I II I I II I I I N I N I I N �I C2 100.01 01.'58 27" 2904.79' 1 50.01' S39'11'33W 1 100.00' 1 CONSULTING ENGINEERS PAINTER-LEWIS, P.L.C. 8.17 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 Email affice0painterlewis.aom PROJECT. PROPERTY EXHIBIT MARTINSBURG PIKE, LLC TM #44W-A-58,59; FREDERICK COUNTY, VA. NAB CNA DRAWN BY- JOB No.: P—L 18e7028 SCALE: DATE: SCALE: 8/30/1s SHEET PROP i • _u _MARTINSBURG PIKE - U.S_ ROUTE 11 (VARIABLE WIDTH RM) N40'38'28"E 176.30' R-2904.79 A=247.42' I I I I IA V1, . N Qq N w NEW PARCEL AREA-1.724 ACRES bi N I� O p I I I I I i S40'38'28`W 299.97' -= -= _ UZE IN CONSULTING ENGINEERS PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 Email off ice0pointerlewis.com PROJECT: METES do BOUNDS MARTINSBURG PIKE, LLC TM #44—A-58,59,60 FREDERICK COUNTY, VA. SURVEY: NA NA DRAWN BY: P-L JOB NO.: 1807028DATE: SCALE: SCALE: 8/30/19 SHEEP: !AB 9 TM #44-A-83 NAME: ZINN HOUSE #34-114 'tV 4-A-96AA N : ROSELAWN #34-717 TM #44-A-77 ti NAME: KENILWORTH #34-113 k �Y Ci IC -LEWIS,P.L.Q. RUR PROJECT: JAL LANDMARKS SURVEY NA PAINTERSURVEY: NA MARTINSBURG PIKE, LLC DRAW N 617 Cedar Creek Grade; Suite 120 BY., doa No,: P—L 1807028 Winchester. Virginia 22601 TM #44—A--58,59,60 SCALE: DATE: Telephone (540)662-5792 FREDERICK COUNTY, VA. NA 8/30/19 FROM Facsimile (540)662-5793 SHEET. Opp CONSULTING ENGINEERS Email off ice®painterlewis.com Name 1 Bartonsville 2 Brucetown 3 Cedar Creek Battlefield 4 Gravel Springs 5 Green Spring 6 Kernstown Battlefield 7 Kline's Mill 8 Marlboro 9 Middletown 10 Opequon it Star Tannery 12 Stephens City (on Register) 13 Third Winchester Battlefield 14 White Hall Possible Historic Districts Star Tanneryv O 4 � 11 00.51 2 3 4 5 6 1 1 I 1 I 1 1 Miles Store Cross Junction Gainesboro Gore oShawneeland Possible Historic Districts 5� A14 Albin 0 Round `22 Hill Wincnestei 10 6 17 am 8 CI.- 3 A7 9 Clear Brook 0 U. Z Stephenson O 13, � cti boo A� 1 2035 Comprehensive Plan Adopted January 2s, 2017 9 Year Civil War Battlefields 1 1862 First Winchester 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester 9 1864 Second Kernstown Sites (Fortifications) 10 Parkins Mill Battery 11 1864 Winter Line 12 Carysbrook Redoubt 13 Hillandale Works 14 19th Corps Entrenchments 15 Star Fort 16 Fort Collier 17 Zig-Zag Trenches Civil War Sites Civil War Battlefields TanneryO 00.51 2 3 4 5 6 1 1 1 I I I I Miles Reynolds Store Cross Junction Gainesbor Gore Civil War battlefields & Sites Albin O (As Defined by the NPS Shenandoah Valley Civil War Sites Study) Clear Brook O Stephenson O 3 6 Round 4 Hill 16 Shawneeland so ` a O Winchcbm, 1 2 9 07 12 II JrA 10 13 � • 17 .ycphm�a 11 C'h' Arm,e� 7 14 Nfiddlt�4,-y 7 Q�dJn'rL/. ►, 2035 Comprehensive Plan Adopted January 25, 2017� 11 • Lord Fairfax Health District L( M l Fivilerich; Winchester Envii-omi C�lital IIc•:Ilili VIRGINIA 107 ,North Kent Street - tiuilc • ..t11 V�D D[PARTMfNI W11101 ster. Virginia'"I.0l nofKAI1H I :I. I -; 1' I I 712-3480 - Fa 10) 722-3.17k) !11111v tin', lidtand frwrfnlifolla at .\vdh.virciili�:.L,.IV Sepietnhet 5. 2019 Painter -Lewis. PLC v/o Mr. John C. Lewis 17 C cdar Creek Grade 0 120 Winchester. Virginia 22601 RE: Laniet.i Propeifigs - 2674 & 20S2 M;krtinsbur6 4.1-A-59 & 44-A-00 Dear Mr. Lewis, I have evalmited yOut Impact Aovilysi• SI:ik-ment for the subjcct properties regarding the• rezoning request from RA to 132- (;encral Itusiness District. l'redeill.k-\\ int lik-mcr lal\ 1rolmiclIl.II I Iva! II v-.,furl 11.1%c Iit � ohlvt:Iit II (k) Illy, ICkII rst I'10\ IkIttl the fi111owirn, requircl+lints are nict, There art: two drilled wells that nntst he properly abandoned to accommodate the- proposed 1011) 11-se1\e Ct\\.I;tt dispersal area on I \-I;: 4-k-A-60 certified h\ lbrry It. Iladle\. Private O`-I :,:I Nlay I?. 201 t►. '1 hcse \.ells are shown on a survey plat h\ 1-_1110t Ritchie. Jr. dated nlher 26. 201a included in the I AS. 'These \\ells are Slim%n on 'I \,PPs 44-A-59 and •l.l-A-(,1. Thcrc are tit.) records on life to indicate well abandonment permits lime hcen 11pplied (ur or issued. I'he applicant owner should apply to this of icc for \\ell ah:mdonnient permits .\ representative Ir<1r» this ollwe rllust witness the :Ih.uulonments This.Iclivit\ must he couducicd by a Virginia licensed well driller anti UW-2 Unili/rn1 Water Well Completion Reports must he submitted to this tit Iice. No Sewage Disposal ~\stem Constnietion Permit v:ill be issued prior Ic, the well:: Icing. properly abandmwd. 2. There k a preliminary enginecrint_ plan on life dated January 21. 2014) and Conditional Use Plan dated May 22. 2019 by fainter -I .e\vie, PLC regarding the proposed addition of an A IIto all %\vstiivl (111SIle'_ieWil.?e dispo:,;ll s\ Ott w -;ervinV 111e eXiStlllg StrUCtttre that will be knovm .Is `icp1l: w" 1I1 1'izy,:a ( lA a•i • V.-IS). there is a record of a st•\woc disposal construction permil on life li,r the existing draintield dated March 17, 1 V0.1 and a drainficld expan-,i,+n penllit dal,:d .Ilene 8, 1 c172. 'There are W )l tin- both permits dated .luny 0- 1966 and .i,ll.. 1'. II>%? reel>eclittl\. 7'llc cll<plic;ult sh:,+till ahp1� to this oltiL:e lira SL\\:iL!,- Disposal ti\ stwmn Coll�lruclion Permit and include ti1a1111led plans Ity U Virginia licensed professional enbincer (PG) fior the proposed modifications. `l'hc preliminary plan indir110� the propuxcd fond service lac ility will have IG stm,,. Permil approval will ictluir: 111e renlm:d tit' the c Lktin!� rrsideutial mobile honle located on the parcel ; 1;_U __.(y' .. 1 h� :1pl�lii::u! n;u,•1 .,j+l l\ io i11i.; ntiitt• 10; .1 hl,u:.�, i' �\ +-I'Iht I�tupu,�d li,++(! Scrvict 1116111y. 1'lle applicant n!:1%1 itldudc arcirtleculr.11 p1.111. dhwwmv _ the proposed deign ofthe interior ot'the facility c.g. location mid tppe of I:itcllcn ctlipment. food prep sinks, hand %ushing sinks. grouse uap il'lof aied in the inictim. ec: tim, ,Ireas. r.•,.1rooms. li`hlin. \%-.ill :I+cl 11u++r CUVCI'Il1 s illltl t'li.. \p(lltcahltr C\it'I'It+I' rt'tln'l'lllt'Iits Illt'llid lllL but 11kil hinited to the location, of a dumpstet- ark-a.:mai+-ir grease trall il's1111\licr.1blc -.01d t•It . slIM1111 k... <11 +'\'ll. a. Mir applicant nlusl upllh to this of iec rora Food Service Permit. i. 'There is a record on file I ►r is se\\::,c disposal eonslrt►ction p:nnil dated March 17. 1964 in(] ROI dated December I. 1964 lime the exi-.ling I\�t•llir_z iliai is to miutin (,itIAI��-1.1-A-59. I hC s\ I1:111 it+COMClili(lllal "+:I\'1l\ Ii d .U)LI k1c."I"Iled to ace(1111modate a three (3) bedroom ,.i\\cllillg. 300 gallons per clam nlaxulnurl. 111me contact me at (540) 722- 34,90 V \ 1+1i h;1\ t• I'u dwi* tjucsliow, allout this proied. �►1lC41'CII'. Jim tip I:I IIN' _M'if( ftr+iilll:+l 11C.IiIil 1l+(+CIA i�t+i Amok To be completed by Planning.Slq� Fee Amount Paid $ A, 5 I) Zoning Amendnncnl Nunnber Ci -I `I Anticipated PC Hearing Dale 1 C\ Date Received 1 C)� -,,G Anticipated 130S Hearing Date Z REZONING APPLICATION FREDERICK COUNTY, VA DEPAizTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Martinsburg Pike, LLC Specific Contact Person if Other than Above: Donato Lanzeta Address: 109 Wild Rose Circle Winchester, VA 22602 feleplione: 540-667-9797 Namc: Specific Contact Person if Other than Above: Address: Telephone: Email: Email: 2. Other Applicant Party (such as a contract pnrchasel') (please attach additional page(s) if necessary): Name: Specific Contact Person ifbther than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Painter -Lewis, P.L.C. Specific Contact Person at Firm: John Lewis Address: 817 Cedar Creek Grade #120 Winchester, VA 22601 Telephone: 540-662-5792 Email: lclewis@painterlewis.com Please note that, if a law Firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 • • 4. Project Name (if any): Stephenson Pizza 5. Property Information: a. Property Identification Number(s): 445-A-58, 44-A-59, 44-A-60 b. Total acreage of the parcel(s): 1.724 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: RA, 1.724 acres e. Proposed zoning designation(s) and acreage(s) in each designation: B2, 1.742 acres f. Magisterial District(s): Stonewall g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 2674 & 2682 Martinsburg Pike section "h' continue (additional adjoiner: 44-1-A Residential RA) h. Adjoining Properties: Parcel ID Number Use Zoning 44-A-57 Commercial M1 44-A-56 Residential MH1 44-A-61 Residentail RA 44-A-73 Residential RA 44-A-74 Residential RA 44-1-D Residential RA Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted SUCh all ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded oil a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map Plat Depicting Metes/Bounds of Proposed Zoning 0 Impact Analysis Statement 21 Proffer Statement (if any) IZI Agency Comments 0 Fee 21 Copies of Deed(s) to Property(ies) ❑✓ Tax Payment Verification ✓� Digital copies (pdPs) of all submitted items Page 14 • 0 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance 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. Owner: Date �0 -- I `i -<<i If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 u -ADJOIN ING 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 watereourse 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 locoled mi the 2nd floor of the Frederick County Administrotive Budding, 107 North Kent Street. Name and Property Identification Number Address Name Gary L Payne etals 358 View W Lane Clear Brook VA 22656 Property it44-A-57 Name Jack K Wampler SR & JR 2648 Martinsburg Pike Stephenson, VA 22656 Property it 44-A-56 Name Ernest & Mary Bailey, Trustee 2700 Martinsburg Pike Stephenson, VA 22656 PI-operty it44-A-61 Name Brandy & Dale Hager 2695 Martinsburg Pike Stephenson, VA 22656 Property it 44-A-73 Name Douglas Keracote 2687 Martinsburg Pike Stephenson, VA 22656 Property it 44-A-74 Name Gary L. Payne 358 View W Lane Clear Brook, VA 22656 Property it 44-1-D Name Simkhovitch Family Living Part. LP 2659 Martinsburg Pike Stephenson, VA 22656 Property it44-1-A Name Property 8 Name Properly it 16 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.tts Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Martinsburg Pike. LLC Name of Property Owner/Applicant Please note: If the property oNvner/applicant is an entity, the name of the entity should appear above. If multiple persons 0%vn the property or are applicants, an executed power of attorney from each omier will be needed. Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 44-A-58. 44-A-59. 44-A-60 do hereby make, constitute, and appoint: Painter -Lewis, PLC Name of Attorney -In -Pact 817 Cedar Creek Grade #120 Winchester, VA 22601 540-662-5792 Mailing Address of Attorney -in -Pact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follower , for the above identified property: Q✓ Rezoning Subdivision Conditional Use Permit H Site Plan Master Development Plan (prelim. or final) nVariance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None This appointment shall expire one year from the day that it is signed, or at such sooner time as I otherwise rescind or modify it. Signature I 1 1/ Title (if sigtiii kon/6ehaff of an entity) twl )c.�.v'o'1 State of VM O , County/City of ��P��� ,r �< , To wit: I, a Notary Public in and fol• the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and has acknowledged the nefore me in the jurisdiction aforesaid this-"?sof �G'CC,bC�3—20A� °°�l•Oza f6• .\ C 9t h_O_11ru.ssion Expires: OI Notary Public ���: °p' Number: C MY n : � • COMMISSION NUMBER — : Q '• 7532024 gLiH OF ° t J�a o� �r 0 Q /o OO C) r C) !r' N AY D: O_ o L_ F q Q_ Q Ixo o I� O: liJ V� O � � t O C aFU LUy p of a�S E °$a m c ° � p N a E 8fi U O Z? V 3 .� IN CONSULTING ENGINEERS PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 3 5 66 05 Facsimile 42-79 ( ) Email office®painterlewis.com PROJECT: LOCATION MAP MARTINSBURG PIKE, LLC TM #44—A-58,59,60 FREDERICK COUNTY, VA. NARVEY NA DRAWN BY: P—L JOB NO.: 1807028 SCA SCALE: NA DATE: 8/30/19 SHEEP: LM 7obecompleted bpPhinningSYrf' Fee Amount Paid S Zoning Amendment Number t 1 ,l Anticipated PC I learing Dale ID.t Date Received t '= �� 1 t Anticipated BOS I fearing Date REZONING APPLICATION FIZEDERICK COUNTY, VA DEPARTMENT OF PLANNING & DF,VCLOPMLNT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Martinsburg Pike, LLC Specific Contact Person if Other than Above: Donato Lanzeta Address: 109 Wild Rose Circle Winchester, VA 22602 'telephone: 540-667-9797 Email: Name: Specific Contact Person if ether than Above: Address: Telephone: Email: 2. Other- Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if ether than Above: Address: Telephone: Email: 3. Law firm, engineering lirm, or other person, if any, serving as the primary contact person for this application: Firm Name: Painter -Lewis, P.L.C. Specific Contact Person at Firm: John Lewis Address: 8.17 Cedar Creek Grade #120 Winchester, VA 22601 "Telephone: 540-662-5792 Email: Jclewis@painterlewis.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 0 0 4. Project Name (if any): Stephenson Pizza 5. Property Information: a. Property Identification Number(s): 445-A-58, 44-A-59, 44-A-60 b. Total acreage of the parcel(s): 1.724 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designations) and acreage(s) in each designation: RA, 1.724 acres e. Proposed zoning designation(s) and acreage(i) in each designation: B2, 1.742 acres f. Magisterial District(s): Stonewall g. Location -the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 2674 & 2682 Martinsburg Pike section "h' continue (additional adjoiner: 44-1-A Residential RA) h. Adjoining Properties: Parcel 'ID Number 44-A-57 44-A-56 44=A-61 44-A-79 44-A-74 44-1-Q Use Commercial Zoning M1 Residential MH1 Residentail RA Residential RA Residential RA Residential RA Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may,be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North lent Street, Winchester, VA 22601. Page 13 0 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by Count), Code § 165-101,09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of', any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest), Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: ❑✓ Location Map ✓� Plat Depicting Metes/Bounds of Proposed Zoning IZI Impact Analysis statement FVI Proffer Statement (if any) ✓❑ Agency Comments F✓ Fee 0✓ Copies of Deed(s) to Property(ies) Z Tax Payment Verification 0 Digital copies (pdf s) of all submitted items Page 14 0 0 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance 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. Owner: L �� - Date If signing on behall'of an entity, please state name of entity and your title: tN `�-- v`T 1 ti 5 �h4v'e--1 ' t� e L-L-C— Owner: late If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): Date If signing on behalf of an entity. please state name of entity and your title: If additional signature lines are necessary. such as if more than two persons are owners, please use additional copies of this page. Page 15 0 0 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 Prow 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 locoled on the 2nd floor of the Frederick County A(Iminisirative Building, 107 North Kent Street. Name and Property Identification Number Address Name Gary L Payne etals 358 View W Lane Clear Brook VA 22656 Property P 44-A-57 Name Jack K Wampler SR & JR 2648 Martinsburg Pike Stephenson, VA 22656 Property tt 44-A-56 Name Ernest & Mary Bailey, Trustee 2700 Martinsburg Pike Stephenson, VA 22656 Property it44-A-61 Name Brandy & Dale Hager 2695 Martinsburg Pike Stephenson, VA 22656 Property # 44-A-73 Na.t,e Douglas Keracote 2687 Martinsburg Pike Stephenson, VA 22656 Property tt 44-A-74 Name Gary L. Payne 358 View W Lane Clear Brook, VA 22656 Property it 44-1-D Name Simkhovitch Family Living Part. LP 2659 Martinsburg Pike Stephenson, VA 22656 Property it44-1-A Name Property # Name Property tt 16 • `c*1 CO Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: wwwAcVa.us Department of Planning & Development, Court", of Frederick, Virginia 107 North Kent Street. Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Martinsburg Pike, LLC N.trne of PnrpcilN Owner/Applicant Please note If the propem ounrNsppltrant is an enury, the mm�e of the rnnt� ;huulJ ,ppeat alanre It multiple persons own the property or are applicants, an executed power of attorney from each owner will be needed Mailing Address of I'rnpert\ 0%w ner,Applicant Iclephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 44-A-58. 44-A-59. 44-A-60 do hereby make, constitute, and appoint: Painter -Lewis, PLC Namc of Attorne.-In-Fact 817 Cedar Creek Grade #120 Winchester, VA 22601 540-662-5792 Mailing Address of Anorner-In-I act l elephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, �Oh the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified propert}: F/ Rezoning Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) ❑ Variance or 'Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: None This appointment shall expire one year from the day that it is signed, or at such sooner time as 1 otherwise rescind or modify it. Signature i Title (if -signing on behalf of an entity) r tv`� ,ka.+^O1 ���� i,t� VAI-12"J41-r State of V Ii G�O.c- County/City of 1 C ��c ,� �� , To wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person who signed the foregoing instrument personally appeared before me and bias acknowledged the sa m before me in the jurisdiction aforesaid this j ��of 1�! �C-hi�,20L 14-19 Ctlitt�, ivission Expires: Cliff or � Notary Public " ¢P:'0�P Rea Number: :? My n:x = n C0k1PvllSSl0N ;on. 7532024 F�fTH OF • 4. Project Name (if any): Stephenson Pizza 5. Property Information: a. Property Identification Number(s): 445-A-58, 44-A-59, 44-A-60 b. "Total acreage of the parcel(s): 1.724 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreages) in each designation: RA, 1.724 acres e. Proposed zoning designation(s) and acreage(s) in each designation: B2, 1.742 acres f. Magisterial District(s): Stonewall g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 2674 & 2682 Martinsburg Pike section "h' continue (additional adjoiner: 44-1-A Residential RA) h. Adjoining Properties: Parcel ID Number 44-A-57 44-A-56 44-A-61 44-A-73 44-A-74 44-1-D Use Commercial Residential Residentail Residential Residential Residential rtease attach aaattionat page�s) it necessary. Zoning M1 MH1 RA RA RA RA Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 • 9 ORDINANCE Action: PLANNING COMMISSION: December 18, 2019 Public Hearing Held, Recommended Approval BOARD OF SUPERVISORS: January 22, 2020 A, dohted ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING 405-19 MARTINSBURG PIKE, LI_C WHEREAS, REZONING 05-19 MARTINSBURG PIKE, LLC, submitted by Painter -Lewis, P.L.C. to rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers with a final revision date of October 17, 2019. The subject properties are located at 2674 and 2683 Martinsburg Pike approximately 1,000 feet south of Stephenson Road, in the Stonewall Magisterial District, and are identified by Property Identification Numbers 44-A-58, 44-A-59 and 44-A-60; and WHEREAS, the Planning Commission held a public hearing on this rezoning on December 18, 2019 and recommended approval; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2020; and WIIEREAS, 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 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 rezone 1.724+/- acres fi-om the RA (Rural Areas) District to the B2 (General Business) District kvith proffers with a final revision date of October 17, 2019. The conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached. This ordinance shall be in effect on the date of adoption. Passed this 22nd day of January 2020 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Gene E. Fisher Aye Judith McCann -Slaughter Aye Blaine P. Dunn Aye A COPY ATTEST Kris Frederick ounty Admini ator PD Pies #v4-a6 Res. #048-20 E PROFFER STATEMENT Martinsburg Pike, LLC Parcel TM #44-A-58 Property: 0.5739 acres Parcel TM #44-A-59 Property: 0.5739 acres Parcel TM #44-A-60 Property: 0.5762 acres Stonewall Magisterial District October 17, 2019 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1807028 PROFFER STATEMENT —_- PARCEL ID 44-((A))-58, 44-((A))-59, 44-((A))-60 c_ INTRODUCTION Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the undersigned owners proffer that in the event that -the Board of Supervisors of Frederick County shall approve Rezoning Application # OS -,Ql for the rezoning of 1.724 acres of Parcels #44-A-58, #44-A-59, and #44-A-60 from RA to B2, development of this particular 1.724 acres will be in conformity with the terms and conditions set forth in this document and the attached "GENERALIZED DEVELOPMENT PLAN". These terms and conditions may be subsequently amended_ or revised by the owners of the properties with permission from the Frederick County Board of Supervisors in accordance with Frederick County codes. These proffers shall be binding on the property owners and their legal successors or assigns. PROFFERS 1. The existing interior lot lines will be vacated and the three parcels will be consolidated into one lot. 2. The driveway connection from the existing residential use to Route 11 will be eliminated. 3. The owner will provide 6.5' of right or way dedication for future road improvements along Route 11. 4. The owner will reserve 12' of right of way for future road improvements. Ownership of this reservation area will be ceded to Frederick County upon demand to accommodate future road improvements along Route 11. These proffers will be completed upon approval of the next site plan for any facility or structure on these subject lands. Monetary Contribution to Frederick County Service Organizations The owners of this property will donate or will cause to be donated to the Frederick County the sum of $310.40 ($0.10 per square foot of commercial space) for impacts to fire and rescue services. This sum will be paid upon the approval of the next site plan for any facility or structure on these subject lands. The conditions proffered above shall be binding on the heirs, executors, administrators, assigns and successors in the interest of the owners. In the event that the Frederick Country 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 STATEMEP 0 PARCEL ID 44-((A))-58, 44-((A))-59, 44-((A))-60 Submitted By: Martinsburg Pike,, LLC Donato Lanzetta Date: 1- 3b -- ZO i STATE OF VIRGINIA, AT LARGE COUNTY OF FREDERICK, To -Wit: The foregoing instrument was acknowledged before me this 30 day of AAA I1.GO�21 Zy"z0 by Donato Lanzetta. ,,,, °"(7 My commission expires on := MY n: 1 y COMMISSION r- Q ub IE m'. 7515853 '� �0�j,'' ..... • ' J�Q L-I F1 OF _~ _ ------__- -- -- ___----_ -_ -- _-__`_-_- -- -- -- -- �-- -- _____�- -- MARTINSBURG PIKE-U~.ROUTEfY WIDTH -___--_--__---_-__--____'_____'__-_-______- � ZONING: M1 4 WAY AND IMPROVED DRIVEWAY AND /oo' 46.50' ENCE ACCESS TO RESIDENCE SETBACK 6.5' RIGHT OF WAY DEDICATION 3 2' RIGHT OF WAY RESERVATION Ln CA COMMERCIAL 3,104 SF NEW PARCEL AREA=1.724 ACRES V RESIDENTIAL ZONING: M1 P.L.C. EXISTING VEmTATm ZONING: MH1 RESIDENTIAL ECT: SURVEY: GENERALIZED DEVELOPMENT NA NA PLAN OPAWN BY: JOB NO.: SCALE: DATE: GOP VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced too me on 0 - ) C) JOCTDat I " cerlOM and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1.802 of , and 58.1-801 have been paid, if assessable. eAe'�U , Clerk 0002060 RESS: NT STREET R, VA 22601 •0-667-5770 t ' OFFICIAL RECEIPT FREDERICK CIRCUIT COURT DEED RECEIPT DATE : 02/10/2020 TIME: 13:28:59 'EIPT # : 20000002860 TRANSACTION # : 20021000052 4SHIER : KKB REGISTER # : B700 UNiENT : 200001573 BOOK: ANTOR : MARTINSBURG PIKE LLC tANTEE : FREDERICK COUNTY VIRGINIA VED OF: ROD WILLIAMS )DRESS : CASH: $22.00 PTION 1 : PROFFER STATEMENT NAMES: 0 RATION: $0.00 ANAL: $0.00 CASE # : 069CLR200001573 FILING TYPE: OTHER PAGE: RECORDED : 02/10/2020 EX: N EX: N NT DESCRIPTION PAID VIRGINIA OUTDOOR FOUNDATION $1.00 TECHNOLOGY TRST FND $5.00 PAGES : 004 PIN OR MAP: MISC PAYMENT: FULL Pt AT: 13:27 LOC : CO PCT : 100% ACCOUNT DESCRIPTION PA CODE 145 JVSLF 301 ICLERK RECORDING/INDEXING FEE 'OPY CLERK OF COURT: REBECCA P. HOGAN TENDERED:$ AMOUNT PAID: $ RECEIPT C, r 0 Lord Fairfax Health District (� I` hrcdcr & / Winchesier Envirunnlcntal I lealdi V�DHOF VIRGINIA `X \Vinchester, Virginia 22601 107 North Kent Street - Suite 1/ 201 DII)ARTMENT If(\� "1 - � HEALTH i ' I -10 (5.10) 7220480 — Fax (540) 7221479 PrnlerMT l'nu,uxl %WAll irnnnlenl www.vdh.virainia.gov September 5. 2019 Painter -Lewis, PI,C c/o N I% John C. Lewis 817 Cedar Creel: Crude IN 20 \Vinchester, Virginia 22601 RI:: Lani.eta Properties - 2674 &- 2682 1MartillSburg Pile - TN,111's 44-A-58, 44-A-59 it 44-A-60 ])car Nor. L.cwis, I have evaluated your.lnlpact Analysis Statement 161- the subject properties regarding the rezoning request from RA to 132- General Business District. I-edcrick-Whichestcr Environnrcntal I lealth would have no objection to this request provided the following requirements are met. 'there are two drilled wells that must be properly abandoned to acconllllodate the proposed 100% reserve sewage dispersal area on 1140 44-A-60 certified by Barry R. 1-011cy, Private OSH on N,lay 13, 2019. 'These wells are shown on a survey plat by ITS S Ritchie. Jr. dated December 26. 2018 included in the IAS. 'Ilese wells arc shown on I Mll's 44-A-59 and 44-A-61. ']'here are no records on file to indicate well abandonment permits have been applied For or issued. "the applicant/owner should apply to this office For well abandonment permits. A repNSentative Il•0I11 this office must witness the abandonments. This activity must be conducted by a Virginia licensed well driller and GW-2 Unilorm Water Well Completion Reports must be submitted to this office. No Sewage Disposal System Construction Permit will be issued prior to the wells belly properly abandoned. 2, ']'here is a preliminary engineering plan on file dated ,January 21, 2019 and Conditional Use Plan dated May 22, 2019 by Painter -Lewis, PI,C regarding the proposed addition of an ATU to an existing onsite sewage disposal system Serving the exkdng s icture IN will be known as Stephenson Pizza (TNIO 44-A-581 'there is a record of a Sewage disposal construction permit on file IS the existing dndnfield dated March 11 N64 and a drainfield explulsion permit dated June S, 1972. Ticre are R'01 I01• both permits dated ,June 6, 1966 and July 17, 1972 respectively. 'I•he applicant Should apply to this off ice fur a Sewage Disposal SySte111 Construction Permit and include Stamped plans by a Virginia licensed professional engineer (PF) for the proposed Illodi Cil Cut loils. The preliminary plan indicates the proposed Food Service Facility will have 16 scats. PCI-Illit approval will require the removal of the existing residential mobile home located on the parcel. l b-►v 7-rZ3 ft The applicant must apply to this office for a plan review of the proposed food service facility. The applicant must include architectural plans showing the proposed deign of the interior of the facility e.g. location and type of kitchen egipnlent, food prep sinks, hand washing sinks, grease trap if located in the interior, seating areas, restroorns, lighting, wall and floor coverings and etc. Applicable exterior regirenlents including but not limited to the location of a dumpster area, exterior grease trap if applicable and etc. should be shown. 4. The applicant must apply to this office for a hood Service Permit. 5. There is a record on file for a sewage disposal construction permit dated March 17, 1964 and ROI dated December 1. 1964 for the ex►sting dwelling that is to remain on'I'Mil 44-A-59. The sytern is conventional gravity fed and designed to accommodate a three (3) bedroom dwelling, 300 gallons per day maxlnlunl. Please contact me at (540) 722-3480 if you have fiu•ther questions about this project. Sinccr lv, , REFIS ental Health Supervisor s John Lewis From: Timothy Rhodes <timothy.rhodes@vdot.virgiiiia.gov> Sent: Friday, October 4, 2019 2:24 PM To: John Lewis Cc: mcheran@co.frederick.va.us; John Bishop; Rhonda Funkhouser; Tyler Klein; Matthew Smith Subject: Lanzeta Properties Rezoning cc)b 4 ^j ' ��-� j ! � r t � •fir r DEPARTMENT OF TRANSPORTATION Staunton/Edinburg Land Development 14031 Old Valley Pike Edinburg, VA 22824 John, We have reviewed the rezoning application for Lanzeta Properties located on Rte. 11 iD rederick County, Va. This application is to rezone 1.724 acres identified as parcels TM # 44-A�; TM # 44-A- 59 and TM # 44-A-60 from RA to B2. The proposal is to consolidate the three lots into one, if the rezoning is successful. We offer the following comments: • Frederick County's Comprehensive Plan calls for this segment of Rte. 11 to be a future Urban 6 lane divided highway (U6D). We suggest coordination with County staff to determine appropriate future right-of-way needs. • Please remove the proposed "improved driveway and access to residence" from the last sheet of this submittal. Entrance proposals and design will take place at the site plan stage. Thank you for submitting this rezoning application to our office for review. Please feel free to contact me if you have any questions. Thanks, Timothy Rhodes VDO"T—Land Development Engineer Clarke, Frederick, Shenandoah & Warren Counties 14031 Old Valley Pike Edinburg, VA. 22824 (540)-984-5630 ter71OZ 3 Rezoning Comments Frederick Water Mail to: Frederick Water Attn: Engineer P.O. Box 1877 Winchester, Virginia 22604 (540) 868-1061 Hand deliver to: Frederick Water Attn: Engineer 315 Tasker Road Stephens City, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the agency with their, review. Attach a copy of ;your application form, location map, proffer statement, impact analysis,l and any other pertinent information. t Applicants Name: Painter -Lewis, PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade #120 Winchester, VA 22601 Location of property: 2674 & 2682 Martinsburg Pike approximately 1000 feet south of Stephenson Road Current zoning: RA Zoning requested: B2 Acreage: 1.727 Frederick Water Comments: Frederick Water Signatu►•e & Date: ej Notice to Frederick Water - Please Return This Form to the Applicant 26 SIP 3 2019 1 "1v t.g • 0 Rezoning Comments 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 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please till out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer , statement, impact analysis, and any other pertinent Information. Applicant's Name: Painter -Lewis, PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade #120 Location of' property: 2674 & 2682 Martinsburg Pike approximately 1000 feet south of Stephenson Road Current zoning: RA Zoning requested: 82 Acreage: 1.727 Department of Public Works Comments: We o t �a Cp iYjri�sh 1�5 ct 7 �lS l7 �'1 e . Public Works Signature & Date: Notice to Dept. UP u b ldForks - Please Return This Form to the Applicant 22 • 0 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please Fill out the information as accurately as possible in order to assist the Frederick County i 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: Painter -Lewis, PLC Telephone: 540-662-5792 Mailing Address: 817 Cedar Creek Grade #120 Winchester, VA 22601 Location of property: 2674 & 2682 Martinsburg Pike approximately 1000 feet south of Stephenson Road Current Zoning: RA Zoning requested: B2 Acreage: 1.727 Fire Marshal's Comments: Fire Marshal's Signature & Date: ��� ��= / LI j 9 Notice to Fire Marshal - Please Return This Form to the Applicant RECEIVED SEp 0 3 2019 23 1PyZ� u� 0 • Frederick County Department of Fire and Rescue Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 (540) 665-6350 Fax: (540) 678-4739 Email: fmoWcva. us Plan Review & Comments Date Received 9/3/2019 Plan/Permit Type Rezoning Application 09-03-19 Name Stephenson Pizza Address 2674 & 2682 Martinsburg PIKE Stephenson Project Name Commercial Development Applicant Name & Number Painter -Lewis 540-662-5792 RE# Permit Number Emergency Vehicle Access: Adequate Inadequate N/A Hydrant Location: Adequate Inadequate A Siamese Location: Adequate Inadequate N/� Fire Lanes Required: Yes No 1 N/� Plan Approval Status Approve Comments Signature: Reviewed By: Kenneth Scott, Jr. Title: Date Reviewed 9/24/2019 VA 22656 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 neap, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Painter -Lewis, PLC Telephone: 54 0-662-5792 Mailing Address: 817 Cedar Creek Grade #120 Winchester, VA 22601 Location Of property: 2674 & 2682 Martinsburg Pike approximately 1000 feet south of Stephenson Road Current zoning: RA Zoning requested: B2 Acreage: 1.727 Department of Parks & Recreation Comments: x mac Pks. & Rec. Signature & Date: 7, , C Notice to Department of P( rl s & Recreation - Please Return This Form to the Applicant 24 0 • Candice Perkins Frorn: Rod Williams Sent: Tuesday, October 15, 2019 2:14 PM To: office@painterlewis.com Cc: Candice Perkins Subject: RE: Lanzetta Properties - rezoning proffer review John, I am in receipt of your letter dated October 8 and accompanying revised proffer statement. believe that the revisions address my previous concerns. From: Rod Williams Sent: Tuesday, September 17, 2019 1:52 PM To: office@painterlewis.corn Cc: Candice Perkins <cperkins@fcva.us> Subject: Lanzetta Properties - rezoning proffer review Please see the attached letter regarding the above matter. Thank you. Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, VA 22601 540-722-8383 rwillia6c�fcva.us C� COUNTY of FREDEAZI K Roderick B. willhinis C'uun(v A 0I-JI )' i40//22-5383 F�tx 540/007-0170 1✓-mail: rwilliaC��co.tredcrick.va.us September 17, 2019 VIA E-MAIL — oi'1'ice(ir;l)ainterlevvis.coin — AND REGULAR MAIL John C. Lewis, P.E. Painter -Lewis, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Re: Rezoning Application — Lanzetta/Martinsburg Pike properties, Parcel Numbers 44-A-58 (0.5739± acres), 44-A-59 (0.5739f acres) and 44-A-60 (0.5762± acres) (the "Properties") — Proffer Statement dated August 30, 2019 Dear John: You have submitted to Frederick County for review the proposed proffer statement (the "Proffer Statement") for the above- reierenced proposed rezoning of the Properties, in the Stonewall Magisterial District, from the RA (Rural Areas) District to the B2 (General Business) District. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following continents: On the title/cover page of the Proffer Statement, the reference should be to the actual record owner of the Properties, Martinsburg Pike LLC, as opposed to Lanzeta Properties. 2. In the introductory paragraph, to ensure that the requirements of the Generalized Development Plan (GDP) are expressly made requirements of the Proffer Statement, the reference to the GDP could be included at the end of the previous sentence, as "... development of this particular 1.724 acres will be in conformity with the terms and conditions set forth in this document and the attached Generalized Development Plan.'.' 3. With respect to the GDP requirements (including the "improved driveway and access to residence") and proffer items 1 and 2, the Proffer Statement should state a specific time/event by which the requirements shall be completed. Along similar lines, with respect to the proffered monetary contribution, staff will want to confirm that, given 107 North Kent Strect - Winchester, Virginia 22601 0 John C. Lewis, P.E. September 17, 2019 Page 2 the presence of an existing building most recently used for commercial purposes, a site plan will be required, so as to trigger the proffered monetary contribution. 4. With respect to any modified buffer adjacent to the existing MI -zoned property, while the placement of the existing structure on the Properties obviously permits a reduced buffer, any reduced buffer requirements are not necessarily proper for inclusion in the Proffer Statement (and by extension, the GDP). l have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as it is my understanding that review will be done by staff and the Planning Commission. Sincerely yours, Roderick B. Williams County Attorney cc: Candice L. Perkins, Department of Planning and Development (via c-mail) 0 Candice Perkins From: John Bishop Sent: Thursday, October 17, 2019 10:58 AM To: 'John Lewis'; Candice Perkins; Mike Ruddy Cc: matthew.smith@vdot.virginia.gov; Rhodes, Timothy (VDOT) Subject: RE: Rezonings Regarding ROW reservation/cleclica6011 I would suggest you Consider a bit of a hybrid. 'Typically it is preferable to get the full right of way dedication up front so the site can develop with that in mind but it is my Understanding that the right of way for a six lane route I 1 as the colllprellCI1SIWC plall CaIIS for would render the site undevclopable since you sue trying to use the CXiStillg StRICILlre. GlwCll the fact that the 6 lane facility Is likely a long term improvement and a °I lane facility is more likely to happen sootier I would suggest consideration of Sl dedication SL1111c1CI1t to 'lCCoIIlI11od Ite die 'I Ialle r(Y,1Cl\vsl}' with a (Llllnr reservation for the 6 lane that would perhaps be triggered by redevelopment. Based on Coorclinatloll with VDO,l' the vWiclth from the center of the existing right of way that would be needed for a 4 lane facility with sidewalk in the right of way would be =46.5'. '1•liat grows b}, an additional 12' for the future six land roadway. 'flns assumes a curb does not include right turn lane -Which \would depend Upon ,varralltS. I'm not sure this site would trigger a turn lane warrant but I would also suggest doing that anal}'sis just to be sure since we would want to sec that if warranted. Thank you John _John A. Bishop AICP :Assistant Director—1'ransportation l"rederick County Planning and Development 107 N. Kent Street Winchester, VA 22601 5-10-665-5651 -----Original t\Icssage----- l-,ronl: John 1.C\wis <jcic\wis a paintcrlewis.com> Sent: "Thursday, October 17, 2019 10:44 AIM 1'o: Candice Perkins <eperlcins@fcva.us>; Jolui Bishop <jbishop a fcva.us>; NtlkC RLIdd),' <Illruddy@feva.us> Subject: RC•ronings Candice: Please find a time to meet on the Berlin Steel rezoning as soon as possible. I need transportation's comment on A'lartinsburg Pike I -LC rezoning regarding the Route I I reset va6on/dedication. John I.,ewis Painter-Lcwis, P.L.C. 817 Cedar Creek Grade, Suitc 120 COUNTY of� FREDERICK Dcpartmcnt of Planning and Dcvclopmcnt 540/ 665-5651 Fax: 540/ 665-6395 September 23, 2019 Mr. John Lewis, PE Painter -Lewis, PLC 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 RE: Proposed Rezoning for Lanzeta Properties Property Identification Numbers (PINS): 44-A-58, 44-A-59, 44-A-60 Dear Mr. Lewis: I have had the opportunity to review the draft rezoning application for the Lanzeta Properties. This application seeks to rezone three parcels of land totaling 1.724 acres from the RA (Rural Areas) District to the B2 (Business General) District with proffers. The review is generally based upon the application and proffer statement received on September 18, 2019. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how each of the agencies and their comments have been addressed should be included as part of the submission. 1. Northeast Frederick Land Use Plan. The 2035 Comprehensive Plan and Northeast Frederick Land Use Plan provide guidance on the future development of the property. The 2035 Comprehensive Plan identifies these with a mixed use industrial/office land use. The proposed B2 Zoning is therefore inconsistent with the Comprehensive Plan. 2. Sewer Service. 3. Proffers — Use. The Impact Statement shows that the site will be utilized for a restaurant and the existing residence, the proffers do not reflect this. 4. Proffers — Martinsburg Pike ROW. Indicate if a right-of-way dedication is necessary for Route 11. Please note that a sidewalk will be required along the site frontage. Based on any ROW needs the parking lot shown along the frontage would need to be relocated. 5. Proffers - Entrances. The proffer should clarify that only one entrance shall be permitted. Page 2 RE: Lanzeta Properties Rezoning September 23, 2019 G. Proffers — Fire and Rescue. Please note that the typical monetary amount utilized for fire and rescue is $0.10/building square foot. 7. Proffers — GDP. The buffers shown on the GDP should be removed, modified buffers cannot be proffered, buffers are not permitted to go through buildings. The parking lot depictions should also be revised — the detail shows wheelstops which are only permitted with the use of low impact development — while a general parking lot outline may be appropriate, specific designs should be at the site plan stage. Typical B2 standards would require curb and gutter. The rear adjoining property is zoned MH-1 not RA. 8. Corridor Enhancements. Corridor enhancements along Martinsburg Pike are encouraged — typical elements with past rezonings have included fencing and landscaping. 9. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDCT. 10. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, Virginia Department of Health, the County Attorney and the Frederick -Winchester Service Authority. 11. Fees. Based on the fees adopted by the Board of Supervisors on April 23, 2008, the rezoning fee for this application would be $5,172 based upon acreage of 1.724 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 0 0 PAINTER-LEWIS, P.L.C. CONSUL TING ENGINEERS 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 October 13, 2019 Ms. Candice Perkins. Assistant Director Frederick County Department of Planning and Zoning 107 N. Kent Street Winchester, VA 22601 tel.: (540)662-5792 fax: (540)662-5793 email: office@painterlewis.com RE: REZONING APPLICATION-LANZETTA/MARTINSBURG PIKE PROPERTIES Dear Candice: I have addressed your comments dated September 23, 2019 on the Rezoning Application as fol- lows: 1. The requested B2 zoning will allow the proposed restaurant use and existing residential use on the property. A Conditional Use permit may be less appropriate that the B2 zon- ing. 2. The Health Department has conditionally approved the proposed sewage disposal sys- tem. 3. Uses other than the restaurant and residence have not been proffered out. The relatively small size of the parcel (1.72 acres), the lack of public sewer service, the significant area reserved for septage disposal drainfields, and buffer distances to adjacent properties prohibit further significant development and other uses. 4. In their comments, VDOT has ceded the decision of right of way width to the county transportation department. Transportation will require an area to be reserved for future right of way expansion. Sidewalk along the frontage will be addressed at the site plan stage. 5. The Generalized Development Plan shows the elimination of the existing residential driveway entrance and a single entrance to serve both uses. The zoning ordinance re- quires a driveway spacing of 250' thereby eliminating additional new entrances to the parcel. 6. The donation amount to Fire and Rescue has been revised. 7. The GDP has been revised per your comment. 8. Corridor enhancements will be addressed at the site plan stage. 9. Transportation will require an area to be reserved for future right of way expansion. 10. Agency comments are now included in the application. 11. A fee check in the amount of $5,172 is included. Let me know if you need any additional information. Sincerely: OCT 16 �01J i:.vl; i 1Y.. John C. Lewis, P.E., L.L.A. Job No. 1807028 Page 1 PAINTER-LEWIS, P.L.C. i 0 IMPACT ANALYSIS STATEMENT Lanzeta Properties Martinsburg Pike, LLC Parcel TM #44-A-58 Property: 0.5739 acres Parcel TM #44-A-59 Property: 0.5739 acres Parcel TM #44-A-60 Property: 0.5762 acres Stonewall Magisterial District August 30, 2019 Prepared by: PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, VA 22601 Tel.: (540)662-5792 email: office@painterlewis.com Job Number: 1807028 ST*MENT i. INTRODUCTION 2 A. SITE SUITABILITY 2 B. SURROUNDING PROPERTIES 3 C. TRAFFIC 3 D. SEWAGE CONVEYANCE AND TREATMENT 4 E. WATER SUPPLY 4 F. DRAINAGE 4 G. SOLID WASTE DISPOSAL FACILITIES 5 H. HISTORIC SITES AND STRUCTURES 5 1. COMMUNITY FACILITIES 5 J. LOT CONSOLIDATION 6 IMPACT ANALYSIS STAPENT • PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 i. INTRODUCTION Martinsburg Pike LLC wishes to convert the old Oates Grocery store into a restaurant. The old store building contains 3,104 square feet and will be renovated to contain a pizza restaurant. The building is located on TM#44-A-58 which contains 0.5739 acres. Martinsburg Pike LLC also owns two adjoining lots. Please refer to Exhibit 1 in the Appendix for .a location map. TM #44-A-59 contains a single family house on 0.5793 acres which will remain. TM #44-A-60 contains 0.5762 acres and is currently vacant. All lots are zoned RA -Rural Agricultural District. Under this rezoning application, Martinsburg Pike LLC proposes to rezone all three lots from RA to 132-General Business District. Please refer to Exhibit 2 for a property overview exhibit. See Exhibit 3 for a metes and bounds illustration of the area to be rezoned. A. SITE SUITABILITY The subject parcels are located on the east side of Martinsburg Pike about 800 feet south of Stephenson Road in the Stonewall Magisterial District. This site is suited for rezoning to the General Business District. The Eastern Frederick County Long Range Land Use Plan designates these parcels as "Mixed Use Industrial/Commercial". The parcels are within the Sewer and Water Service Area. Public water serves the current residential property and the former grocery store. There is no public sanitary sewer service. The properties are served by an on -site sewage disposal systems. As part of the rezoning, a plan for continued on -site sewage disposal will be presented to the Virginia Department of Health. 100 YEAR FLOOD PLAIN FIRM Community Panel Number 51069 CO250 D shows the subject area to be outside of any flood hazard zone. WETLANDS No jurisdictional wetlands have been identified on this property. STEEP SLOPES No steep slopes have been identified on this property. MATURE WOODLANDS No mature woodlands have been identified on this property. SOILS According to the Soil Survey of Frederick County, the property contains the following soil types: Frederick-Poplimento loams (14B) and Swimley silt loam (3913 & 39C). These soils are generally moderately deep and formed from weathered limestone. The ig IMPACT ANALYSIS STA*ENT • PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 Hydrologic Soils Groups are B and C. Weathered bedrock can be expected at depths exceeding 80 inches below the ground surface. :: • i1`►�l`.L�7�Z�77�iil�� The property to be rezoned is surrounded by residential and commercial properties. The following table lists all adjacent owners and parcel numbers. Tax Map No. Owner Ex. Zoning Ex. Use 44-A-57 Gary L. Payne etals M1 Commercial 44-A-56 Jack K. Wam ler Sr. & Jr. MH1 Residential 44-A-61 Ernest & Mary Bailey, Trustee RA Residential 44-A-73 Brandy & Dale Hager RA Residential 44-A-74 Douglas Keracofe RA Residential 44-1-D Gary L. Payne RA Residential 44-1-A Simkhovitch Family Living Part. LP RA Residential Rezoning the property to B2 will create the requirement for buffers and landscaping along adjacent properties in accordance with Section 165-203.01 of the Frederick County Zoning Ordinance. The adjacent parcel which is zoned M1 would typically require an "A" category buffer consisting of an inactive buffer of 25' and an active buffer of 25'. However, the existing building on TM # 44-A-58 is located 10' off the common property line, therefor the inactive/active buffer distance for this site will be 10' along this common property line. Refer to the Generalized Development Plan. C. TRAFFIC Access to the property is via Martinsburg Pike, Route 11, a Minor Arterial Road. According to figures from the Virginia Department of Transportation, the traffic on route 11 at this location is 5400 vehicles per day. The existing access will be improved and the existing driveway to the residence will be eliminated. Traffic generation estimates for the proposed uses of the property can be made using the ITE Trip Generation Manual, 9th Edition, Volume 2. Trip estimates are based on a 16 seat restaurant and one single family residence. The estimates are shown below. TRAFFIC IMPACT: DATA SOURCE: ITE TRIP GENERATION MANUAL-9th EDITION -VOLUME 3 Land Use 932: high -turnover restaurant with 16 seats Weekday: 16x4.83=77 trips (50% entering, 50% exiting) AM Peak Hour: 16x0.6=10 trips (58% entering, 42% exiting) PM Peak Hour: 16x0.72=12 trips (52% entering, 48% exiting) Saturday: 16x6.21=99 trips (50% entering, 50% exiting) Sunday: 16x5.17=82 trips (50% entering, 50% exiting) 3 IMPACT ANALYSIS STAAENT PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 Land Use 210: Weekday: AM Peak Hour: PM Peak Hour: Saturday: Sunday: Totals: Weekday: AM Peak Hour: PM Peak Hour: Saturday: Sunday: single-family detached housing 1 x9.52=10 trips (50% entering, 50% exiting) 10.77=1 trips (26% entering, 74% exiting) 1x1.02=1 trips (64% entering, 36% exiting) 1 x9.91=10 trips (50% entering, 50% exiting) 1 x8.52=9 trips (50% entering, 50% exiting) 87 trips (50% entering, 50% exiting) 11 trips 13 trips 109 trips (50% entering, 50% exiting) 91 trips (50% entering, 50% exiting) D. SEWAGE CONVEYANCE AND TREATMENT The site is within the limits of the Frederick County Sewer and Water Service Area. There are no public sewerage facilities serving the immediate area. The closest public sewer is located at Yardmaster Court, approximately 900 feet to the north. This property and the adjacent parcels are served by individual, private, on -site sewage disposal systems. The former Oates Grocery Store and previously existing residential mobile home were served by a conventional on -site disposal system consisting of a septic tank and drainfield. A new pretreatment system will be installed along with the renovation of the old store which will produce a high quality effluent to be disposed in the existing drainfield. The total daily flow from the proposed use will be about 860 gallons. The Virginia Department of Health has required that a reserve drainfield with the capacity to dispose 860 gallons per day be located. This drainfield has been located on TM #44-A- 60. E. WATER SUPPLY The site receives domestic and fire flow from Frederick Water. A 10" diameter waterline is located on the south side of the Route 11 right of way. The water demand is essentially limited by the sewage treatment capacity. It is anticipated that the proposed use will require a maximum of 860 gallons of water per day. A new water meter will be installed along with the renovation of the old store. F. DRAINAGE Development of the site for the proposed use will not result in significant increase in impervious surfaces. There will be little or no increase in stormwater runoff form the site. Stormwater management will be provided in accordance with the Frederick County Code, Chapter 165 and Chapter 143. With no increase in runoff and a disturbed area 4 IMPACT ANALYSIS STAAAENT • PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 less than one acre, there will be no storm water management system installed along with the renovation. G. SOLID WASTE DISPOSAL FACILITIES In general, the collection of solid waste from the proposed commercial development will be accomplished by a private hauler. It is estimated that the development will generate approximately ten pounds of solid waste per employee per day that will be transported to the landfill. The anticipated maximum number of daily employees is 6. Tipping fees are currently $50 per ton for commercial haulers. No additional solid waste disposal facilities will be required for the proposed development. It is estimated that the annual cost in tipping fees will be about $468. H. HISTORIC SITES AND STRUCTURES This site does not contain any historic or "potentially significant" historic structures as listed in The Rural Landmarks Survey Report of Frederick County. The "Survey" lists three sites to the north of the site as significant for their architectural style. Please refer to Exhibit 4. The "Possible Historic Districts" map from the 2035 Comprehensive Plan shows the Brucetown district to the north of the site and the Third Winchester Battlefield to the south of the site. Please refer to Exhibit 5. According to the Frederick County Comprehensive Plan Battlefield inventory, the property lies within or in close proximity to the commonly accepted limits of the civil war battle known as Stephenson Depot. Please refer to Exhibit 6. I��i7►�il►�il�1`l�r'1y_�i�l���l:E.� DEVELOPMENT IMPACT MODEL The Frederick County Development Impact Model (D.I.M.) is utilized primarily for residential rezoning requests. It is anticipated that the capital facilities impacts of commercial and industrial rezoning requests are ultimately fiscally positive to the County by policy. Accordingly, the D.I.M. does not apply a fiscal impact to commercial rezoning. EMERGENCY SERVICES Police protection is provided by the Frederick County Sheriff's Department The nearest fire and rescue facility is Station 13-Clear Brook Fire and Rescue located at 1256 Brucetown Road, approximately two miles to the north of the property in Clear Brook. 5 IMPACT ANALYSIS STA10VIENT PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 No additional fire and rescue facilities will be required for the area proposed to be rezoned. The owner recognizes the importance of emergency services and proposes to proffer a monetary contribution to the local emergency responder. See the attached Proffer Statement. PARKS AND RECREATION There are typically no impacts on Parks and Recreation facilities associated with rezoning to a commercial use. J. LOT CONSOLIDATION It is anticipated that with a successful rezoning, the three lots will be consolidated into one lot. Consolidation will eliminate interior lot lines. X. IMPACT ANALYSIS STA*ENT • PARCEL TM #s 44-A-58, 44-A-59, 44-A-60 APPENDIX EXHIBIT 1 LOCATION MAP EXHIBIT 2 PROPERTY EXHIBIT EXHIBIT 3 METES &BOUNDS MAP EXHIBIT 4 RURAL LANDMARKS SURVEY EXHIBIT 5 HISTORIC DISTRICTS MAP EXHIBIT 6 CIVIL WAR BATTLEFIELDS MAP G. a 0 �Qr Q {r� rr r � C_ rr O ff U f U 'L O L- srF � Z 'rf w 0 (LLL w O � n. J N -1 Q O ^L C I t ��. o o � c� aLc�i L p p E G o P c Oj b�4 E.°-' c_ boo o�,aa`sE vZ a �siu v n o ph t LL ul Gd �— -= ��= Kfflffl Im CONSULTING ENGINEERS PAINTER-LEWIS, P.L.C. 817 Cedar Creek Grade, Suite 120 Winchester, Virginia 22601 Telephone (540)662-5792 Facsimile (540)662-5793 Email office®painterlewis.com PROJECT: LOCATION MAP MARTINSBURG PIKE, LLC TM #44—A-58,59,60 FREDERICK COUNTY, VA. SURVEY: NA NA DRAWN BY: P—L JOB NO.: 1807028 SCALE: NA DATE: 8/sa/ts SHEEP: LM MARTINSBURG PIKE - U.S. ROUTE 11 (VARIABLE WIDTH RIW) -- — — — — — — i N40'38'28" E 100.00' I N40I3818"E 76.30' C1 C3 C2 Ex. Gravel 1 Parking I I I =�F I I ZIR I ' I I j I I N Ex. 1 Story I I Block Bldg. FF=63J.85t Ln o Z 1 Story N o c Brick House j /1 L FF=634.85' w a GF-632.85' N I ^' / �I N NI NILn O O O N O N � I TV144—A-60 h AW77NSBURG PIKOLLC 1Y144—A-59 I /NST 190000668 0.5792 AC MARRNSBURG PIKE LLC 94RTMf44—BUR PIKE LLC �� INST 190000668 I ZONE. RA INST 190000 0.57JINST 19000066E 0.5739 AC AC ZONE.- RA ZONE, RA ZONE.' " I r O I I I. S40'38'28'W 100.00' S40'38'28W 100.00' S40'38'28"W 99.97' — — — _ IM 44—A-57 540'38'28W 299.97' L. PAYNE " �-Vj4 WAMPLER— 'S MOBILE HOMES MICHAEL L. PAYNE JACK K. WAMPLER, ✓R. INSM.1130006220 POLLY J. WAMPLER I WILL INSTR./180000251 D.B. 927, PG. 1084 ZONE.- MHl2' CURVE ARC DELTA RADIUS TANGENT CHORD BEARING CHORD C1 23.70 23.70 C2 100.01' 01'5821; 2904.79 0. S3'1146 "W 100.00 t-='c PAINTER-LEWIS P.L.C. PROJECT: PROPERTY EXHIBIT SURVEY: NA NA 817 Cedar Creek Grade, Suite 120 WTINSBURG PIKE, LLC DRAWN BY: JOB NO.: Winchester, Virginia 22601 TM #44-A-58,59,60 P—L 1807028 SCALE: LE: DATE: Telephone (540)662-5792 FREDERICK COUNTY, VA. IN 8/30/19 CONSULTING Facsimile (540)662-5793 SHEET: ENGINEERS Email office®painterlewis.com PROP Name 1 Bartonsville 2 Brucetown 3 Cedar Creek Battlefield 4 Gravel Springs 5 Green Spring 6 Kernstown Battlefield 7 Kline's Mill 8 Marlboro 9 Middletown 10 Opequon 11 Star Tannery 12 Stephens City (on Register) 13 Third Winchester Battlefield 14 White Hall Possible Historic Districts Star Tannery 0 4 � 11 00.51 2 3 4 5 6 I 1 I I I I I Miles Store Cross Junction Possible Historic Districts 5 �14 Gainesboro Clear Brook Gore 5o 522 0-2 Stephenson Albin F " " o 0 37 13, Round 522 �. Hill Shawneeland 4F Winchester 7 10 M 6 x 37 r' 522 ` 50 77 1 Stephen 8 City Arm I .� 12 3 �/ ■ 7 9 i 2035 Comprehensive Plan Adopted January 25, 2017 Year Civil War Battlefields 1 1862 First Winchester 2 1862 First Kernstown 3 1863 Stephensons Depot 4 1863 Second Winchester 5 1864 Third Winchester 6 1864 Third Winchester 7 1864 Cedar Creek 8 1864 Third Winchester 9 1864 Second Kernstown Sites (Fortifications) 10 Parkins Mill Battery 11 1864 Winter Line 12 Carysbrook Redoubt 13 Hillandale Works 14 19th Corps Entrenchments 15 Star Fort 16 Fort Collier 17 Zig-Zag Trenches Civil War Sites Civil War Battlefields Star\ TanneryO N 00.51 2 3 4 5 6 l I I I I I I Miles Reynolds Store Cross Junction Gainesboro Gore Shawneeland O 7 ,I • Civil War Battlefields %,-� & Sites Albin O 15- Round 4 Hill Winchester 1 (I CR 2 , 7� 30 „ F 13 17 17 11 (As Defined by the NPS Shenandoah Valley Civil War Sites Study) Clear Brook O Stephenson O 3 64 s 1 i 2035 Comprehensive Plan Adopted January 25, 2017 y/3/LU1y Untitled I -age Fredcrick Homy t, N T� y e�4 -hange Email Dept/Ticket# RE2019 / 292920001 Name MARTINSBURG PIKE LLC Name Address 109 WILD ROSE CIR WINCHESTER VA Zip 22602 6031 Penalty Paid Real Estate Ticket Detail Previous 2019 REAL ESTATE Frequency 1 Map# 44 A 58 Bill Date 04/18/2019 Due Date 06/05/2019 Desc .57 ACRE So.00 Interest Paid 13 KI Supplement# 0 Account# 8008920 Acreage Improvements Land Value Land Use Minerals Last Transaction Date 05/08/2019 0.570 S 124,400.00 S62,400.00 So.00 So.00 Is Current Payment Status Original Bill Payments Principal Balance Due Penalty Interest Balance Due S569.74 (S569.74) S0.00 $0.00 $0.00 S0.00 Transaction History Date Type Transaction# Amount Balance 6/6/2019 Charge 0 S569.74 S569.74 5/7/2019 Principal Paid 5 (S569.74) S0.00 Previous httns-//frtaxas.(-.n.frPrlPrir..k.va.tic/Annliratinns/TR PgvTAXP.C/RFnatail acnx 1/1 y/3/2UIU Untitled Page Dept/Ticket# RE2019 / 292930001 Name MARTINSBURG PIKE LLC Name 2 Address 109 WILD ROSE CIR WINCHESTER VA Zip 22602 6031 Penalty Paid So.00 Original Bill Payments S498.37 (S498.37) L Real Estate Ticket Detail Previous 2019 REAL ESTATE Frequency 1 Map# 44 A 59 Bill Date 04/18/2019 Due Date 06/05/2019 Desc .50 ACRE Interest Paid $0.00 Current Pavment Status Principal Balance Due Penalty S0.00 $0.00 Transaction History Date Type Transaction# 6/6/2019 Charge 0 5/6/2019 Principal Paid 13691 Previous Supplement# 0 i Account# 8008921 Acreage 0.500 Improvements S8S,400.00 Land Value S78,000.00 Land Use So.00 Minerals So.00 Last Transaction Date 05/07/2019 Interest Balance Due S0.00 S0.00 Amount S498.37 (S498.37) Balance S498.37 S0.00 httn.q•//frtaxPt.nn.frariarirk.va.ti.q/Annliratinn. /TR P;;vTaxP.S/RFnp.tail asnx 1/1 y/3/ZU1y Untitled Page Frcdcrick Flomc Dept/Ticket# RE2019 / 292940001 Name MARTINSBURG PIKE LLC Name Address 109 WILD ROSE CIR WINCHESTER VA Zip 22602 6031 Penalty Paid Real Estate Ticket Detail Previous 2019 REAL ESTATE Frequency 1 Map# 44 A 60 Bill Date 04/18/2019 Due Date 06/05/2019 Desc .50 ACRE So.00 Interest Paid So.00 Current Payment Status Supplement# 0 i Accounts# 8008922 Acreage 0.500 Improvements So.00 Land Value S70,000.00 Land Use So.00 Minerals So.00 Last Transaction Date 05/07/2019 Original Bill Payments Principal Balance Due Penalty Interest Balance Due S213.50 (S213.50) S0.00 $0.00 S0.00 S0.00 Transaction History Date Type Transaction# Amount Balance 6/6/2019 Chargc 0 S213.50 S213.50 5/6/2019 Principal Paid 13691 (S213.50) S0.00 Previous httnr//frtoxas.rn.frariarirk.va.u-,/Annliratinns/TR PnvTaxas/RF-nF tail asnx 1/1 q I: 190000668 GrantecAddress:. 109 Wild Rose Circle Winchester, VA 22602 Tax Map Nos.: TM-44-A-60 TM-44-A-59 TM-44-A-58 Consideration:$ 360,424.00 Assessed Value: $420,200.00 Tide examination and title insurance by: Old Republic National Title Insurance Contp:uty Deed prepared by: Joshua E. Hummcr, Esq. PO Box 3070 Winchriter, VA 22604 DEED THIS,'DEED, made and entered into on this the a3r1day of 2019, by and between. LishaAnn Ritter, Executor of the Estate ofAlice C. Oates, and Lisha Ann Ritter, Michael Grady Oates, Richard Riley Oates, and Helen Christine Zirkle, Heirs of Alice C. Oates (collectively lereinafter "GRANTORS"), and Martinsburg Pike, LLC (hereinafter "GRANTEE"). WITNESSETH: That for and in consideration for the conveyance made hereby, the receipt of which is hereby acknowledged, Grantors as the owners of the property described herein (`Property"), do hereby grant and convey, with covenants of Special Warranty of Title, unto Grantee in fee simple, all of Grantors' tv� S4-�vuvo.11 l�c,,�16l-�V tal �cs.�t�1" interest in those certain lots or parcels of land fi ore particularly described as follows: Tract One: All of that certain lot or parcel of land, said land fronting the southeast boundary line of Martinsburg Pike, known as Route 11, a distance of 100 feet, more or less, and extending back in a southeasterly direction between parallel lines a distance of 250 feet, more or less; and being further described TIA-44-A-60 on the Boundary Survey of die Property of Alice C. Oates Estate prepared by Elliott Ritchie, Jr., L.S., dated December 26, 2018, a copy of which is attached hereto; Tract Two: All of that certain lot or parcel of land, fronting the southeast boundary line of the Martinsburg Pike, known as Route 11, a distance of approximately 100 feet, and extending back in a southeasterly direction between parallel lines a distance of 250 feet, more or less; and being furrher described TM-44-A-59 on the Boundary Survey of the Property of Alice C. Oates Estate prepared by Elliott Ritchie, Jr., L.S., dated December 26, 2018, a copy of which is attached hereto; Tract Three: All of that certain lot or parcel of land, improved by a store building, said land fronting on the southeast boundary line of the LAW OFFICE OF , JOSHUA E.IiUMMER tsp., etc Page 1 of 4 (540) 931-7078 - jehlaw.nct —O O O OD C) O Martinsburg Pike, known as Route 11, a distance of 100 feet, more or less, and .-- t.n extending back in a southeasterly direction between parallel lines for a distance of 250 feet, more or less, and being further described TM-44-A-58 on the Boundary Survey of the Property of Alice C. Oates Estate prepared by Elliott Ritchie, Jr., L.S., dated December 26, 2018, a copy of which is attached hereto; AND BEING the same propertyconveyed by Jack IC Gideon, Sr. and Evelyn Rose Gideon to Weldon G. Oatcsand Alice C. Oates, as tenants by the entirety with common law right of survivorship by deed dated June 21, 1972, of record in the Clerk's Office of die Circuit Court of Frederick County, Virginia, in Deed Book 392, at Page 214; the said Weldon G. Oates died May 5, 1996, survived by his widow and tenant by the entirety, Alice who died February 9, 2014, survived by her four children, Michael Grady Oates, Richard Riley Oates, Helen Christine Zirlde and Lisha Ann Ritter, all beneficiaries per capita under her Last Will and Testament dated September 9, 2011, of record in the aforesaid Clerk's Office in Probate File 16-189 Reference is made to the aforesaid instruments for a more particular description of die property herein conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the Property. The Grantors do hereby covenant that they have the right to convey to the Grantee; that die Grantee shall have quiet and peaceable possession of the Property, free from all liens and encumbrances; and Grantors will grant such further assurance of title as may be requisite. [Rest of page left intentionally blank.] Page 2 of 4 WITNESS the following signature and seal: LISHA ANI NI RITTER, EXECUTOR AND HEIR, 4rs 'ATE OAALICE C. OATES (SEAL) COMMONWEA�T I QF� IRGINIA CAaut+TY OF v'' ,hL e0-W , to -wit•, C;V _T�ie foregoing instrument was acknowledged before me in the above jurisdiction this day of J 4 IA 2019 by Lisha Ann Ritter. .N �Al�p''•. ;t�.•51 Gy C .R ' F�p14gsS�9I `- : Notary Public o �. 12r,1 1RFg pN: � My commission expires'.%c,,$ `, Registration No.: RICHARD RILEY OATES HEIR, ESTATE OF ALICE C. OATES j SEAL COMMONWEALTH OF T�r`'VIR/GINIA GCOU OF r h�(7t to -wit: f T foregoing instrument was aclnowledged before me in the above jurisdiction this day o 2019 by Richard Riley Oates. PUBLIC - REG.It;7,032330 ' (S C' •, A7Y COA165f3$10?I ; ¢ e EXPIRES : 2. /NPublic 'tALTF1 F , O My commission lapicCs��� Registration No.: Page 3 of 4 -Ls co c 0 c_ -I O • 0 0 0 MICHAEL GRADY OA"I'ES cn HEIR, — ESTATE OF ALICE C. OATES (SEAL) COMMONWEALTV QI fVIRGINIA -C$UIQ`YufOF W•gc °6he to -wit: C; e fore oing instrument was acknowledged before me in the above jurisdiction this day of ill Aqt 2019 by Michael Grady Oates. RrF� -, NOTARY'• . 0' PUBLIC �O Uj t REG N 7787281 = n ;MY COMMISSION = Notary Public o EXPIRES 12/01/2022 My commission expiry, FALTH Registration No.: I-IELEN CHRISTINE ZIRKLE HEIR, ESTATE OF ALICE C. OATES �b`LfiGx / ,4G,,. � (SEAL) COMMONWEALTH QFVIRGINIA •E�OF V `'lc4`, ' `,r to -wit: C;fJ- The fore oing instrument was acknowledged before me in the above jurisdiction this day of 1"LAct7 t,�A�,2,�y felcn Christine Zirlde. , GART, R' ,' 01 . • ''NOTAR? ' :�� PUBUC p RE G d 7787281 Notary Public CO;,1411SSION EXPIRES Q 12/31/2022 My commission expiresr,�aF,��,.`� Registration No.; Page 4 of 4 0 I TF U 0 SITE �d�D o-,�P Rc`i• �� vs R� CYd Cltari., Tam VICINITY MAP SCALE: 1 "-2,000' OWNF_ R S CON.SFNT THE ABOVE AND FOREGOING BOUNDARY SURVEY OF THE PROPERTY. OF HACK WOODS, LLC, AS APPEARS IN THE ACCOMPANYING PLATS, IS WITH THE • FREE CONSENT AND IN ACCORDANCE WITH 'THE DESIRES AND WISHES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND/OR TRUSTEES, IF ANY. MICHAEL. G DY OATES DATE NOTARY PUB1 /C STATE OF G ... gin• `�J�?'•NOTARY' ;QFi •• I CITY/t69Htdi'r` OF W: GhGyTI� = [V PUBLIC ' REG N 7787281 ? h1YCOAIMI5510N; THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED O '•, EXPIRES 21 12131022 BEFORE ME THIS �DAY OF se�af 2019. �'��0 ••....• '' ���,�� yFALTH OFF.•• BY MICHAEL GRADY OATES ". __.I•_ NOTARY PUBLIC MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE 1, HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS BOUNDARY SURVEY IS THE SAME LAND CONVEYED BY JACK K. GIDEON, SR. AND EVELYN ROSE GIDEON, HIS WIFE, TO WELDON G. OATES AND ALICE C. OATES, HIS WIFE, BY A DEED DATED JUNE 21, 1972 AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 392, AT PAGE 214 AND BEING THE SAME PROPERTY CONVEYED TO THE HEIRS OF ALICE C. OATES LISTED IN WILL FILE NUMBER 160000189 AND RECORDED JUNE 21, 2016 IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA. BOUNDARY SURVEY '0.-" T a OP OF THE PROPERTY OF o� ALICE C. OATES ESTATE WILL FILE 160000189 G%�/�vGl4L• DEED BOOK 392, PAGE 214 TM=44—A-58, '59 & 60 c�i ELLIOTT RITCHIE, R. r FREDERICK COUNTY, VIRGINIA N0. 1318 DECEMBER 26, 2018 / vv/%, 1807028 SHEET 1 OF 2 PAINTER---LEWIS, P.L.C. �■ 817 CEDAR CREEK GRADE Telephone Telephone (540) 662-5792 cauurn� Winchester, Virginia 22601, Facsimile (540) 662-5793 ENUMMRS Email: Office @painterlewis. com IN THE ACCOMPANING PLATS, IS WITH THE JCE WITI-I TIIE DRSIRRC AMr) WT.0,T-ir'.c nT: -rc« UDNERSIGNED OWN �R,, PROPRIE j__(SEAL) ARD RIL OA 'ES PHAANN Vk/ (SEAL) L RITTER (SEAL) HELEN CI-IRISTINE ZIRKLE STATE OF VIRGINIA, CITYIOr,..-..., ,, �-rr�,�_tjet4&[eg/rd_ , to -wit: The foregoing rn ment was acknowledged before me in my City/County an�rjM�tti',,,� day of 2019, by RICHARD RILEY OATES. .•• ��'; �5. •' iJOTARY '• My Cormnission Expires: _(/ > ;' PUBLIC =: REG k 7032130 AtY COM,, iISSION : EXPIRES 0 'AR Y P L C •, y •, o3731rzo4: ', �o��ALTH OF�,��,• STATE OF VIRGINIA, CI I'YfEBI�Q YI' OF w �Ck psi t� 'to -wit: he foregoin instrument was acknowledged before me in my City/County day and State this of ttafH2019, by HELEN CHRISTINE ZIRKLE. My Conunission Expires: ' J�''NOTARY'' ui : PUBLIC % F' : REG # 7787281 NOTARY PUBLIC : C ,-WCOMMISSION; STATE OF VIRGINIA, r CITY/Cl7U1QT'Y`OFhC��Si �✓ o EXPIRES ; %� '•, 12/31/2&27`, �� u ' •....... �2 �o ' to -wit: The foregoing instrument was acknowledged before me in my City/County and Sj,,Wlf �- day of 2019, by LISI-iA ANN RITTER. K ER'''+ �.•`'�G� My Commission Expires: . /, ; PUBLIC o REG N 7787281 = 0:MYC0,11MISSION - NOTARY PUBLIC t EXPIRES i = •, 12/31/2022 .,,FALTH OF 11141 1 �,o L] • IN 0 � o TMa44—A—G! rc o EARNEST R. DAIL EY AND "cJ °- MARY K. BAILEY REVOCABLE it u Ex. Woll LMNC TRUST AGREEMENT I v a(Abondonod) — INSTR.1150010049 I a POIo I co N F2 i � Er. Aspholt Driveway IRF S49'21'32"E 252.62' Ex. Ex. , Polo !Rs I c�j Polo "o 7M-44-A-60 'y- m I N 25,099 Sr Or U 0.5792 ACRES I w ° S ^I I (n I I I C i N49'21'32"W 250.09' �i I -- U I Ex. Block 102.1 ' q �Lx. Well House I 7M-44-�A-59 Ex. WallJEY o(A6ondanad�Gone 25,001 SF Orn Re/l 0.57J9 ACRESQ1 Al I rn �Pol'✓Qase,gn _Ex. N Unif I p - 1x. Cone. Potlo I a. Shipping NConlalnorRunp a f r` �-�� N49'21,'32"%y 250.00' x• - o I b I a ' \, Cone, slob < f'ola O r 140.J' f ° r C o E. Asphalt Ex. Gravel j a• 9 I 7 � 71 a570 ACRES F Eo WoIF � o o 0 68.0 o ok g. �� I o Z Ex. f Conch rn Ex. I Story of Block Bldg. 15.8' -S o Ex. O 3� Fromo I Stoop J2674 n N Shod I Ex. �_ 47 ' i IRF 1.2� �Slgn Ex. C Fx. Propane Unit Ex- I SforyGos rank o O.6' TA/=44—A-57 IRF 1 I Ex. Polo Block Bldg. -r 2662 80.7' N CARY L. PAYNEI MIChAEL L. PANE I oTES• I INSTR.P.3000640 1. NO TITLE REPORT FURNISHED. 2. THERE MAY BE EASEMENTS AND OR RIGHTS OF WAYS THAT EXIST .THAT ARE NOT SHOWN ON 3. IRON RODS HAVE BEEN OR WILL BE SET AT ALL THIS PLAT. CORNERS NOT PREVIOUSLY MONUMENTED. 4. THE PROPERTY SHOWN HEREON LIES WITHIN ZONE X. PER FLOOD INSURANCE RATE MAP NUMBER 51069C095nn FFFFrTII r n 1 �,-.,r.-.,,.__ _ _ BOUNDARY SURVEY ��yTH OF OF THE PROPERTY OF AL ICE C. OA TES ESTA TE WILL FILE 160000189G�/ DEED BOOK 392, PAGE 214 ELLIOTTRITCHIE, JR. a TM=44—A-58, 59 & 60 No. TCHI FREDERICK COUNTY, VIRGINIA1318 DECEMBER 26, 2018 1807028 L4NA SURN�'�O4 SHEET 2 OF 2 ®mom PAINTER—LEWIS, P. L..C. 817 CEDAR CREEK GRADE Telephone (540) 662-5792 Muff Winchester, Virginia 22601 Facsimile (540)' 662-5793 Email: office@painterlewis.com CZ) C1 Ul VII<UfNlA: FI(EDERICK CUUNTY.SC I. This instrument of writing was produced to me on I — 24-201q--- at_ �a,•aS P� and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of 3 20 O and 58.1-801 have been paid, if assessable. )4"4 to Clerk COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 4, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1/05-19 FOR MARTINSBURG PIKE, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 18, 2019, at 7:00 pm in the Board ROOM of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider- the following application: Rezoning #05-19 for Martinsburg Pike, LLC., submitted by Painter -Lewis, PLLC. to rezone 1.724+/- acres from the RA (Rural Areas) District to the 132 (General Business) District with proffers. The properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of Stephenson Road in the Stonewall Magisterial District and are identified by Property Identification Numbers 44-A-58, 44-A-59 and 44-A-60. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 © Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia " 2601 DEC 1 39 Hasler FIRST-CLASS MAIL 12/04/2019 $00.50° k ZIP 22601 011D11646815 44 - A- - 61- BAILEY EARNEST R TRUSTEE BAILEY MARY KAY TRUSTEE 2700 MARTINSBURG PIKE STEPHENSON VA 22656.1712 Itl E 9 S l l I w `—a T P b Y T BC_ 72601-S00049 *051-7-07159-04-43 0 COUNTY of hREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 8, 2020 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RC: REZONING APPLICATION #05-19 FOR MARTINSBURG PIKE, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 22, 2020, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-19 for Martinsburg Pike, LLC., submitted by Painter -Lewis, PLLC. to rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. The properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of Stephenson Road in the Stonewall Magisterial District and are identified by Property Identification Numbers 44-A-58, 44-A-59 and 44-A-60. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 0 0 This is to certify that the attached correspondence was mailed to the following on 1 181 do from the Department of'Planning and Development, Frederick Cou1 ty, Virginia: 44 . A• - 58- MARTINSBURG PIKE LLC 109 WILD ROSE CIR 22602.6031 WINCHESTER VA 44 . A• - 59- MARTINSBURG PIKE LLC 109 WILD ROSE CIR 22602 6031 WINCHESTER VA 44 - A- • 57- PAYNE GARY L ETALS 358 VIEW W LN 22624.1803 CLEAR BROOK VA 44 - A• - 56- WAMPLER JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1769 44 - A• • 61- BAILEY EARNEST R TRUSTEE BAILEY MARY KAY TRUSTEE 2700 MARTINSBURG PIKE STEPHENSON VA 22656.1712 44 - A- - 73- HAGER BRANDY A HAGER DAIE B 2695 MARTINSBURG PIKE STEPHENSON VA .22656.1745 STATE OF VIRGINIA COUNTY OF FREDERICK 44 - A- - 74- KIRACOFE DOUGLAS 2687 MARTINSBURG PIKE STEPHENSON VA 22656.1719 44 - 1- - D- PAYNE GARY L ETALS 358 VIEW W LN CLEAR BROOK VA 22624.1803 44 • 1- - A• SIMKHOVITCH FAMILY LIVING PARTNERSHIP LP 2659 MARTINSBURG PIKE STEPHENSON VA 22656.1719 Ca ldice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept I,yo(un�.Jc, a_-Q-Q-- ( , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Plan�18 ing and Development, whose name is signed to the foregoing, dated Iqo , has personally appeared before me and acknowledged the same in illy Sta4 an i County aforesaid. Given under n1y hand this U day of L-'Ci )l u(,L l _L My commission expires On �/� .c _c✓ . y„ 1,� �� 1, '� e NOTARY PUBLIC PAMALA DFE !' I. NOTARY PULL W REGISTRATION COMMONWEALTH OF VIRQI":! MY COMMISSION EXPI!111t, DI CEMB1R•31 2U?.1 44 - A- - 60- MARTINSBURG PIKE LLC 109 WILD ROSE CIR WINCHESTER VA 22602.6031 44 - A- - 60- MARTINSBURG PIKE LLC 109 WILD ROSE CIR WINCHESTER VA 22602.6031 44 - A- - 60- MARTINSBURG PIKE LLC 109 WILD -ROSE CIR WINCHESTER VA 22602.6031 44 - A- - 60- MARTINSBURG PIKE LLC 109 WILD ROSE CIR WINCHESTER VA 22602.6031 • C� COUNTY of FREDERICK Dcpartmcnt of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 4, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 05-19 FOR MARTINSBURG PIKE, LLC On behalf of the Frederick County Planning Commission, you are liereby notified of a public liearing being lield on `'Wednesday, December 18, 2019, at 7:00 pin in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-19 for Martinsburg Pike, LLC., submitted by Painter -Lewis, PLLC. to rezone 1.724+/- acres from the RA (Rural Areas) District to the 132 (General Business) District Nvith proffers. The properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of Stephenson Road in the Stonewall Magisterial District and are identified by Property Identification Numbers 44-A-58, 44-A-59 and 44-A-60. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be available for review at the Handley Library and the Bo\vman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 This is to certify that the attached correspondence was mailed to the following on k�\ i from the Department of Planning and Development, Frederick Coui -ginia: 44 - A- - 58- MARTINSBURG PIKE LLC 109 WILD ROSE CIR WINCHESTER VA 44 - A- - 59- MARTINSBURG PIKE LLC 109 WILD ROSE CIR WINCHESTER VA 44 • A• • 57- PAYNE GARY L ETALS 358 VIEW W LN CLEAR BROOK VA 44 - A- - 74- KIRACOFE DOUGLAS 2687 MARTINSBURG PIKE STEPHENSON VA 22602.6031 22656.1719 44 1 D- PAYNE GARY L ETALS 358 VIEW W LN 22602.6031 CLEAR BROOK VA 22624 1803 44 - 1• - A- SIMKHOVITCH FAMILY LIVING PARTNERSHIP LP 22624.1803 2659 MARTINSBURG PIKE STEPHENSON VA 22656.1719 44 . A• • 56- WAMPLER JACK K SR & JACK K JR PIA WAMPLER'S MOBILE HOMES 2648 MARTINSBURG PIKE STEPHENSON VA 22656.1769 44 • A• - 61. BAILEY EARNEST R TRUSTEE BAILEY MARY KAY TRUSTEE 2700 MARTINSBURG PIKE STEPHENSON VA 22656.1712 44 - A- - 73- HAGER BRANDY A HAGER DALE B 2695 MARTINSBURG PIKE STEPHENSON VA 22656.1745 STATE OF VIRGINIA COUNTY OF FREDERICK Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Plan iin j and Development, whose name is signed to the foregoing, dated I Z �� I q , has personally appeared before me and acknowledged the same in illy State ailb County aforesaid. �—�k_ Given under my hand this dCay of �-C R AILI, 6-� U c My commission expires O11yQ.c �,�,•t �•QJl �� / c� C� � � ..+,,.,r�i.�?z•rwn•.��.rr x+'n �?srAb-k' :fir.'-' ,.•ttl NOTAIt 1'UR W113 NO, lsslv,,wo'),�v'4 VIN19HIA AO H1lV3MN0V1VW) V/_VV96 It NOIIVHIS109 1 oriand kHVION H313�Q t/�HIniN.� , v� '7 lri CI , � i J h r, K �Z, J. L Lf TO: LANCE -DATA i'KOGU. ,�LNLI FROM: PAM -P> NIW 'DEFT. pie~ PK4,x --- - t-------sety of labeler by v' v 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 2nd11oor of the Frederick County Administrative Building, 107 North Kent Street. Name and Proper-t% Identification Number Address `.u„c Gary L Payne etals 358 View W Lane Clear Brook VA 22656 Proper}=44-A-57 Name Jack K Wampler SR & JR 2648 Martinsburg Pike Stephenson, VA 22656 Propem » 44-A-56 Name Ernest & Mary Bailey. Trustee 2700 Martinsburg Pike Stephenson, VA 22656 Propem 444-A-61 Name Brandy & Dale Hager 2695 Martinsburg Pike Stephenson, VA 22656 Propem # 44-A-73 Name Douglas Keracote 2687 Martinsburg Pike Stephenson, VA 22656 Property # 44-A-74 .\ame Gary L. Payne 358 View W Lane Clear Brook, VA 22656 Property = 44-1-D Name Simkhovitch Family Living Part. LP 2659 Martinsburg Pike Stephenson, VA 22656 Propert. 44-1-A Name Property # Name Property # 16 V-kv COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Tax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 4, 2019 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1105-19 FOR MARTINSBURG PIKE, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 18, 2019, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 05-19 for Martinsburg Pike, LLC., submitted by Painter -Lewis, PLLC. to rezone 1.724+/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. The-prepeft-�Iocated at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of St henson Road in the Stonewall Magisterial District and are identified by Property Identification umbels 44-A-58, 44-A-59 and 44-A-60. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be avai able for review at the Handley Library and the Bowman Library the week of the meeti g, or at the Department of Planning and Development located at 107 North Kent Str et in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web , : www.fcva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 0 0 FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 10/25/19 REQUESTED COMPLETION DATE: 11/11/19 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation Locator TDR Ag & Forest District CIP Other 14 PIN: 44-A-58, 44-A-59, & 44-A-60 DESCRIPTION OF REQUEST: Rezoning #05-19 Martinsburg Pike, LLC . Please do the usual maps for Candice. Thank you! Thank You! Submit COUNTY of FREDBRICK Dcpartment of Planning and Devclopment 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 8, 2020 '1'0: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-19 FOR MARTINSBURG PIKE, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, January 22, 2020, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-19 for Martinsburg Pike, LLC., submitted by Painter -Lewis, PLLC. to rezone 1.7244-/- acres from the RA (Rural Areas) District to the B2 (General Business) District with proffers. The properties are located at 2674 and 2682 Martinsburg Pike approximately 1,000 feet south of Stephenson Road in the Stonewall Magisterial District and are identified by Property Identification Numbers 44-A-58, 44-A-59 and 44-A-60. Any interested parties having questions or wishing to speak may do so at the public hearing. A digital copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.feva.us. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 COUNTY ol'FRE.DFIRICK I)CI),11.1111cllt of Planning & Development 107 North I<Cllt S(I-CCt, SLlitc 202 Winchester, Virginia 22601 ISOVA 220 fif, 3 L 44 - A- - 61. BAILEY EARNEST R TRUSTEE BAILEY MARY KAY TRUSTEE 2700 MARTINSBURG PIKE 0 1/08!20-20 'A ZIP 22601 OIIDI1646815 STEPr--'---* ----- ---- H 0 SUCH N [A S E R lu H A HE TO 0 R� lc: A F' D 0 1 1) C) 0 0 9 9 � 8 11. 00,01W, nwiH,W WTWI W, Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. Ir THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME Or YOUR APPROVAL. IF TIIIS DOCUMENT DOES NOT A1EET YOUR APPRO1111L, PLEf1SE PROVIDE COMAIENTSAS TO b11111T YOU 111OULD LIKE TO IIAVE COMPLETED. Date & Time Candice Mark COMMENTS: Received by Clerical Staff (Date & Time): u Table of Contents Section Contents 1. Rezoning Application 2. Location Map 3. Deeds To Parcels 4. Taxes Current 5. Ltd Power of Attorney 6. Agency Comments 7. Impact Analysis Statement 8. Proffer Statement 0 1. Rezoning Application 0 '10/24/2019 lob # : 1807028 DIS'rRI13u'rr_; "1'O: Candice Perkins Painter -Lewis, P.L.C. 817 Ceclar Crock Grade, Ste. '120 Winchester, VA 22601 11:540-662-5792 F:540-662-5793 office a hainterlewis.com FROM: Mr. lohn C. Lewis FOR: ( )Submittal, Review & Comments ( )Revisions ( )Approval & Signature ( ) Other: SIGNATURE LINE OCi k hl L, f TRANSMITTAL oPainter-Lewis, P.L.C. '10/15/2019 817 Cedar Creek Grade, Ste. '120 Winchester, VA 22601 Job # : 1807028 P: 540-662-5792 F: 540-662-5793 Lanzetta office c painterimis.com DISTRIBU E' TO: Candice Perkins Frederuck Co. Planning FROM: Mr. John C. Levis FOR: ( )Submittal, Review & Comments ( )Revisions ( )Approval & Signature ( ) Other: QUANTITY DESCIUPT'ION STAFF 1 Letter JCL 1 Rezoning Application JCL 1 Check #1011 - $5,172.00 (Lanzetta) JCL SIGNATURE LINE