HomeMy WebLinkAbout02-02 Sherwood Bryant Back Creek - BackfileREZONING TRACKING SHEET
Date
Application received/file opened
Reference manual updated/number assigned
D-base updated
Q File given to office manager to update Application Action Summary
i/ Four sets of adjoiner labels ordered from data processing
aEW
7 40-ealor- aps ordered from Mapping & Graphics
7- l -0 -7-- /
Ta6� PC public hearing date ACTION: gP�(Lt�-d D� n rct L
u
- �Z'•C Z BOS public hearing date ACTION: �a1n -..l ozVA. rr -ye6(0,7-
Signed copy of resolution for amendment of ordinance, with conditions
proffered, received from County Administrator's office and placed in
Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in
Amendments Without Proffers notebook.)
9 - Z r]- QZ Action letter mailed to applicant
l Reference manual and D-base updated
y �O� Q a2 rSQ, File given to office manager to update Application Action Summary (final
action)
Oq - c7 " `- File given to Mapping & Graphics to update zoning map
09 - Z5 -CZ Zoning map amended
Other notes:
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CASH
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RECEIPT
Received From _ y
Address
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TCU,`�1 AM7 PAID BALANCE By
DUE
COUNTY of I+ REDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
September 26, 2002
John C. Lewis, P.E., C.L.A.
Painter -Lewis, P.L.C.
302 S. Braddock Street, Suite 200
Winchester, VA 22601
RE: REZONING 402-02 FOR SHERWOOD BRYANT
Dear John:
The Frederick County Board of Supervisors approved the above -referenced application to rezone
7.8691 acres from RA (Rural Areas) to B2 (Business General) District at their meeting on September
25, 2002. This property is located 200 feet east of the intersection of Rt. 751 and Rt. 50, on the
south side of Rt. 50, and is identified with Property Identification Number 28-A-63C in the Back
Creek District.
The proffers that were approved as a part of this rezoning application are unique to this property and
are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
Sincerely,
Abbe S. Kermedy
Senior Planner
ASK\cih
cc: Margaret Douglas, Back Creek District Supervisor*
Jane Anderson, Real Estate*
Marcus Lemasters, GIS
Sherwood Bryant
Greg Unger and Cordell Watt, Back Creek District Planning Commissioners*
(* - without proffers)
107 North Kent Street • Winchester, Virginia 22601-5000
0
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff: U�
Fee Amount Paid $
Zoning Amendment Number/%Q 0,;�, Date Received. .S 7-02,
PC Hearing Date �.,5— �'1 �44(..,t) BOS Hearing Date
The following information shall be provided by the applicant:
All parcel identification numbers, deed book and page numbers may be obtained from the Office of
the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester.
1. Applicant:
Name: Pa,�4�J.- Lc-,L,,s r P. L-C, Telephone: 5q0-66.1-67q
Address: 3g 2 S. -b(o-ld. oc.k. 5+.f 5 c a.o 0
Lam+ . n c k--e s �-w , '/ •A -a z Gy I
2. Property Owner (if different than above)
Name: ry C' k Telephone:
Address: P. U o x lq l
6,o(e.,V/ A as t.37
3. Contact person if other than above
Name:-Tn►.,,-, (!° Lc ;s, {�• E Telephone: (!5q0) (� �a -57g z
4. Checklist: Check the following items that have been included with this application.
Location map Agency Comments
Plat
Fees
Deed to property Impact Analysis Statement J
Verification of taxes paid Proffer Statement /
11
9
0
5. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties in interest of the land to be rezoned:
J �e1(vl13nd✓�aw1k
6. A) Current Use of the Property: V ca c r
B) Proposed Use of the Property:
7. Adjoining Property:
PARCEL ID NUMBER
ti- Fy �y
ca d - P«, - A:- E
,a s Li S`-1
zts-k-41
0
dJ
Fes('
G
.29-A-57
-H-(-Z Mok 1
8. Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
ZONING
�,00' i"as( o� o- -751 4 1�a,)kt---
5 Uy n 4,\" West -S 0 f- V .k- �5 U
12
Information to be Submitted for Capital Facilities Impact Model
In order for the Planning Staff to use its capital facilities impact model, it is necessary for the
applicant to provide information concerning the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number a 8i(A1
Districts
Magisterial: -6c,rv- Cr-,e,K High School:
Fire Service: Cam,orr- F;f,-- Co. ty Middle School:
Rescue Service: At, pr li Mounku..i\ r=.re., Elementary School:
'Rie5 C. J e. Ln . t c\
10. Zoning Change: List the acreage included in each new zoning category being requested.
Acres
Current Zoning
Zoning Requested_
BZ.
Total acreage to be rezoned
II. The following information should be provided according to the type of rezoning
proposed
Number gf� nits sed
Single Family h es: Townhome: ulti-Family:
Non -Residential L ts: Mobile Home: tel Rooms:
Office:
Retail:
Restaurant:
13
Service tation:
Manufac qng:
Warehouse:
Other:
•
�I
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public hearing
and the Board of Supervisors' public hearing and maintained so as to be visible from the
road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accufate to the best of my (our) knowledge.
Applicant(s): Date: �Z
Date:
Owner(s): -I�IJI,4-1'�r�/ G Date:
Date:
14
•
Adjoining Property Owners
Rezoning
Owners of property adjoining the land will be notified of the Planning Commission and the Board
of Supervisors meetings. For the purpose of this application, adjoining property is any property
abutting the requested property on the side or rear or any property directly across a public
right-of-way, a private right-of-way, or a watercourse from the requested property. The
applicant is required to obtain the following information on each adjoining property including the
parcel identification number which may be obtained from the office of the Commissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, 107 North Kent Street.
Name and Property Identification Number
Address
Name
Propefty #
Name
Property#
Name
Property #
Name
Property #
Name
Propertv #
Name
Property #
Name
Property #
Name
Property#
Name
Property
Name �.
Property #
15
REZONING APPLICATION #02-02
SHERWOOD BRYANT
Staff Report for the Board of Supervisors Meeting
Prepared: August 23, 2002
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 matte/•.
Reviewed Action
Planning Commission: 06/05/02 Tabled
07/01/02 Recommended Denial
Board of Supervisors: 08/14/02 Tabled (until next meeting)
09/25/02 Pending
PROPOSAL: To rezone 7.869 acres from RA (Rural Areas) to B2 (Business General District)
LOCATION: This property is located on the south side of Northwestern Pike (Route 50),
approximately 200 feet east of the intersection of Route 50 and Gore Road (Route 751.)
MAGISTERIAL DISTRICT: Back Creek
PROPERTY ID NUMBERS: 28-A-63C
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned RA (Rural Areas) District
South: Zoned RA (Rural Areas) District
East: Zoned B2 (Business General) District
Use: Residential, Commercial, Vacant
(Motel)
Use: Residential
Use: Commercial
0 •
REZ 902-02, Sherwood Bryant
Page 2
September 16, 2002
West: Zoned RA (Rural Area) District Use: Residential
PROPOSED USE: Commercial
REVIEW EVALUATIONS:
Vir iiiia Dept. of Transportation: The application to rezone this property appears to have significant
measurable impact on Route 50, Northwestern Pike, the VDOT facility which would provide access to
the property. Before development, this office will require a complete set of construction plans detailing
entrance designs, drainage features, and traffic flow data froin the ITE Trip Generation inallllal, Sixth
Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right -
Of -way dedications, traffic signalization and off -site roadway improvements and drainage. Any worl<
performed on the State's right-of-way must be covered under a land use permit. This permit is issued
by this office and requires an inspection fee and surety bond coverage.
Fire Nlarshal: Requirements will be evaluated during the site plan process. Additional comment: Water
supplies for firefighting. Plan approval recommended at this time.
Gore Volunteer Fire Department: Acceptable to GVIiRC.
Frederick -Winchester Health Department: Health Department has no objections at this time.
Permits for water and sewer facilities must be obtained from appropriate agencies.
County Engineer: We do not have any specific comments related to the proposed rezoning.
However, we do reserve the right to perform a detailed review will be done at the time of the site plan
submission.
Building Official: No comment required at this time. Shall comment at the time of site plan review.
Historic Resources Advisor By oard: Upon review of this rezoning, it appears the proposal does not
significantly impact historic properties. The HRAB offers no comment.
County Attorney: Once sigIled by owner, proffers appeal- to be in proper form.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Gore Quadrangle) depicts the zoning for
the property which comprises the proposed rezoning as A -I (AgriCUltUral-Limited). fhe A -I
(Agricultural Limited ) District zoning classification was modified to RA (Rural Areas) District
0 •
RCZ #02-02, Sherwood Bryant
Page 3
September 16, 2002
on February 14, 1990 during the comprehensive amendment to the County's Zoning Ordinance.
The property is located in the Gore area and contains a vacant commercial building which
formerly housed the U.S. Post Office. The parcel is approximately 7.869 acres.
2) Location
This property is located on the south side of Northwestern Pike (Route 50), approximately 200
feet east of the intersection of Route 50 and Route 751. Route 50 is classified as a major arterial
road. Lucas Lane (Route 750) is located adjacent to the site's southern boundary. The
Winchester and Western Railroad is adjacent to the site's eastern boundary.
3) Site Suitability
The site is gently rolling; the parcel is just outside of any flood hazard zone; no wetlands have
been identified on the site; and there are no steel) slopes on the site. Soils are identified as prime
farmland in the Soil Survey of Frederick County. The site has a high seasonal water table of 12"
or less. The high water table negatively impacts the classification of the on -site soils as prime
farmland. No areas of the site are suitable for a sanitary subsurface absorption system. The
presence of a high water table may affect the construction of building foundations. The applicant
has noted that the development of the site should be preceded by a geo-technical analysis of the
soil with respect to foundations.
The site contains frontage along Route 50, approximately 86.4 feet. Route 50 at the site is a four -
lane, divided highway. There is an existing median break directly opposite the entrance for the
site, which provides the site with good access and visibility from an arterial highway. The
recently -upgraded entrance to the new Post Office facility has access easements in place to allow
both the parcel containing the new Post Office and the subject parcel to utilize the same entrance.
4) Frederick County Comprehensive Plan
The subject parcel is within the Gore Rural Community Center area. The Comprehensive Policy
Plan recognizes that commercial uses will occur in the Gore Rural Community Center. In support
Of housing development and to augment the amount and types of business services available in
this area, the applicant suggests rezoning from the current RA zoning to a 132 zoning. Most
allowed business uses in the current RA zoning require a Conditional Use Permit, and the
applicant suggests a B2 zoning would define the types of businesses envisioned by the
Comprehensive Plan.
5) Intended Use
A specific use has not been identified. The applicant recognizes that the lack of available sewage
treatment facilities will restrict the amount of commercial development on the property.
REZ 402-02, Sherwood Bryant
Page 4
September 16, 2002
6) Potential Impacts
The applicant has provided information which Identifies the land Surrounding the Subject site.
The southwestern property line of the parcel is bordered by two parcels which are zoned RA and
are used for residential purposes. Other properties in the vicinity are zoned RA and are used for
residential purposes. The adjoining residential properties may be impacted by the proposed
commercial land use depeIlding upon the Structural height, the location and placement of slgnage
and lighting fixtures, and the location of parking and maneuvering areas.
The Zoning Ordinance does not require that a buffer or screen be installed between land used for
commercial purposes (as proposed) and land used for agriculture. Therefore, it will not be
required that the applicant establish a buffer against the adjoining agricultural use. Without the
buffer requirement, the building setbacks are established by the Zoning Ordinance to be zero feet
front side and rear property lines. Commercial uses could impact adjoining agricultural activities.
The types and character of the uses allowed by proffered restriction on the site to be rezoned will
generally be compatible with the surrounding uses. The potential businesses will have minimal
impacts associated with noise, glare, fumes, pollution, odors, and other nuisance factors. Whilc
the applicant has prohibited a number of uses, there continue to be uses that are inappropriate in
rural c0nlnlunity centers.
7) Proffer Statement
The applicant has submitted a proffer statement which has been reviewed by the County
Attorney's office. The applicant has offered the following proffered conditions:
STAFF CONCLUSIONS FOR 06/05/02 PLANNING COMMISSION MEETING:
The 7.869-acre Site proposed for rezoning Is located within the Gore Rural COIllmlllllty Centel-, as
identified in the 2000 Comprehensive Policy Plan. The Comprehensive Policy Plan indicates that
commercial uses that provide services for the residences of rural community centers are appropriate
within the Gore Rural Community Center. The site's location along Northwestern Pike (Route 50W)
provides for good access.
Staff would suggest that a request for commercial zoning in the Gore Rural Community Center not only
Introduces all OppOrtUlllty for service provisions t0 the Tura] community, but also introduces Visual and
vehicular impacts. Future development of the site should consider the predominantly residential and
agricultural uses in the vicinity of the subject site. The applicant could address the concerns of staff by
addressing the following issues:
Increased building and parking lot setbacks.
0 •
REZ 02-02, Sherwood Bryant
Page 5
September 16, 2002
• Landscape buffer and screening techniques.
• Limiting site access via Route 50 West.
• Establish height limits for structures erected on the site.
• Establish maximum sign heights and square footage that would be appropriate for the Rural
Community Center.
• Limiting OUtdoor lighting; redirecting glare fi-om adjoining properties.
• And the identification of uses permitted on the site, not those prohibited.
The applicant should be prepared to address the comments made by staff during the review of this
application by the Planning Commission and the Board of Supervisors.
PLANNING COMMISSION SUMMARY & ACTION OF 06/05/02 MEETING:
The owner's representative expressed their desire for the proposed use to be in keeping with the rural
character of the community. The owner's representative stated that because of the lack of public
water and sewer service in the area, the types of businesses able to utilize the site would be limited
in size and intensity. It was pointed out that the post office uses 150 gpd of their approved 1,000
gpd NPDES Discharge Permit, therefore, they have the capacity to place a use that would generate
no more than 850 gpd. In addition, they have limited the total cumulative gross retail office floor
area on the site to 40,000 square feet which results in a floor area ratio (FAR) of 0.12, thereby
ensuring a low -density, low -impact development.
Commission members expressed their concern that the sign heights and square footage requirements
for B2 may be excessive for use in a rural community center and suggested the applicant take this
into consideration. VDOT representatives, who were present at the meeting, requested that access
to Rt. 750 be prohibited, except for emergency vehicles.
There were no citizen comments regarding the proposed rezoning. Commission members believed
that some new service provisions, properly done, could benefit the Gore community; however, they
expressed their opposition to such uses as mini -storage units or used car lots because those uses
would not be visually appealing for the community or from Rt. 50. Commissioners pointed out the
benefits of rezoning a "commercial core" area in the community center, rather than spreading
commercial uses throughout the community. It was suggested that the applicant may want to
consider proffering out some additional uses that would be objectionable in a rural community center.
Although members of the Commission were generally in favor of the proposal, they believed the
applicant's proffer statement needed some clarification, the possibility of limiting sign height and size
needed to be re-examined, and the applicant needed to re-examine the list of uses that would be
prohibited. They also wanted the applicant to consider contacting residents of the community for
their views. The Planning Commission unanimously voted to table the request for 60 days to allow
the applicant enough time to re-examine the issues raised.
0 •
REZ 1102-02, Sherwood Bryant
Page 6
September 16, 2002
STAFF CONCLUSIONS FOR 07/01/02 PLANNING COMMISSION MEETING:
In response to concerns raised during the Planning Commission meeting on June 5, 2002, the applicant
has attempted to address the concerns in a revised proffer statement. This revised proffer statement
provides for establishing a maximum sign height of 25 feet, and limits access to the site from Route 750
for emergency vehicles only. The applicant has not addressed the concerns expressed by the
Commission regarding the square footage of signage or the potentially inappropriate land uses that
could result from a B2 rezoning in the Gore community.
The applicant should be prepared to address the comments made by staff during the review of this
application by the Planning Commission and the Board of Supervisors.
PLANNING COMMISSION SUMMARY & ACTION OF 07/01/02 MEETING:
Some of the Commission members stated that they had received negative comments from Gore residents
for a used -car lot. Commissioners inquired of the applicant's representative if he would be agreeable
to removing the used -car lot use and service station use from his application; the representative stated
that he would not be agreeable; lie believed that viable uses for this parcel should be allowed to be
determined by the market.
Three adjoining property owners spoke at the meeting. Two stated they were opposed to a used -car
lot and some of the other more intensive uses allowed in a B2 Zone. The third adjoiner did not object
to the rezoning; he thought this particular intersection at Gore was already unsightly, due to the motel
and the glare of lights at the new post office.
Commissioners discussed setbacks and buffering for the site and possibly limiting the area used for
display of vehicles, if a used -car lot was established. It was pointed out that the site had only 86' of road
frontage, which will need to accommodate an access road, thereby limiting the number of vehicles that
could be displayed in front. Members of the Commission pointed out the intent of establishing a
"neighborhood business center." However, the majority of the Commissioners were not in favor of the
rezoning as it was presented by the applicant and a recommendation of denial was made by the following
majority vote:
YES (TO DENY): Straub, Gochenour, Watt, Morris, Kriz, Triplett
NO: Unger, DeHaven, Thomas, Ours, Fisher
ABSTAIN: Light (Commissioner Light said he would abstain from voting because he was not
present for the entire discussion.)
(Note: Commissioner Rosenberry was absent from the meeting.)
•
REZ 02-02, Sherwood Bryant
Page 7
September 17, 2002
UPDATE SINCE PLANNING COMMISSION MEETING ON 07/01/02:
The applicant has submitted a revised proffer statement to address one of the issues of concern the
Planning Commission, staff and adjoining property owners. As noted in the Planning Commission
summary and action of July 1, two adjoining property owners spoke of their concern regarding a used
car lot and other possible uses within the B2 Zoning District.
The revised proffer statement, signed by the property owner on July 11, 2002, provides:
To prohibit the following uses from the site: Veterinary offices; animal specialty services;
restaurants; hotels and motels; organization hotels and lodging; car washes; motion picture
theaters; amusement and recreation services operated indoors; golf driving ranges and miniature
golf courses; child day care facilities; advertising specialties - wholesale; drive-in theaters;
commercial batting cages operated outdoors; adult care residences and assisted living care
facilities; commercial sport and recreation clubs; adult retail uses.
To establish a maximum building square footage of 40,000 sq. fl.
Monetary Contribution to Frederick County Service Organizations
$1,000 for impacts to General Fund of Frederick County for Gore Fire and Rescue Company
No. 14. This sum to be paid upon receipt of any building permit issued subsequent to the
approval of this rezoning by which the cumulative gross building area for any use, will exceed
10,000 square feet.
(New Proffers following 6/5/02 Planning Commission Meeting)
Maximum sign height shall be limited to 25 feet.
Access to the site from Route 750 shall be limited to emergency vehicles only.
(New Proffer following 7/1/02 Planning Commission Meeting)
The land shall not be used for automotive sales.
BOARD OF SUPERVISORS SUMMARY AND ACTION OF MEETING ON 8/14/02
Some of the Supervisors stated that they had received negative comments from Gore residents about
the potential use of the property as a gasoline service station. An adjoining property owner spoke at
the meeting stating his opposition to a service station. After discussion on this potential use on the
property, members of the Board of Supervisors decided to postpone the action until the next scheduled
Board of Supervisor's meeting. The motion to postpone was passed by unanimous decision.
REZ #02-02, Sherwood Bryant
Page 8
September 17, 2002
UPDATE SINCE BOARD OF SUPERVISORS MEETING ON 8/14/02:
The applicant has submitted a revised proffer statement to address an issue of concern of the Board of
Supervisors.
The revised proffer statement, submitted to the Planning Department, and signed by the owner on August
22, 2002 states :
The owner recognizes that the site is located within the Rural Community Center of Gore, but outside the
county Urban Development Area. The applicant recognizes that the that the lack of available sewage
treatment facilities will restrict the amount of commercial development on the property. Acknowledging
the importance of maintaining the rural character of the area, the owner is willing to proffer restrictions
on the types of commercial activities and the total amount of retail and/or office building area which can
be developed under the proposed 132zoning. The owner is also willing to eliminate full access to the site
fi-om Route 750.
• To prohibit the following uses from the site: Veterinary offices; animal specialty services;
restaurants; hotels and motels; organization hotels and lodging; car washes; motion picture
theaters; amusement and recreation services operated Indoors; golfdriving ranges and miniature
golf courses; child day care facilities; advertising specialties - wholesale; drive-in theaters;
commercial batting cages operated outdoors; adult care residences and assisted living care
facilities; commercial sport and recreation clubs; adult retail uses.
• To establish a maximum budding square footage of 40,000 sq. f<.
• Monetary Contribution to Frederick County Service Organizations
S 1,000 for impacts to General Fund of Frederick County for Gore Fire and Rescue Company
No. 14. This sure to be paid upon receipt of any building permit issued subsequent to the
approval of this rezoning by which the cumulative gross building area for any use, will exceed
1.0,000 square feet.
(New Proffers following 6/5/02 Planning Commission Meeting)
• Maximum sign height shall be limited to 25 feet.
• Access to the site from Route 750 shall be limited to emergency vehicles only.
(New Proffer following 7/1/02 Planning Commission Meeting)
• The land shall not be used for automotive sales.
• 9
REZ #02-02, Sherwood Bryant
Page 9
September 24, 2002
(New Proffer following 8/14/02 Board of Supervisors Meeting)
• The land shall not be used for gasoline service stations. (SIC 55)
0 b\gcnd,i \CO�IUHNI'S\RI'%ONING\Staff Rcpon\2002\Shcnvood Bryant HOS2 wI)d
0
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
August 21, 2002
Prepared for: Mr. Sherwood Bryant
P. O. Box 191
Gore, Virginia 22637
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@earthlink.net
Job Nurnber: 0111005
PROFFER STATEMENT
PARCEL ID 28 ((A)) 6)*
INTRODUCTION
The subject parcel contains 7.8691 acres. Currently all 7.8691 acres are zoned RA. All
adjacent property is zoned RA with the exception of one lot (28-A-14), that is located to
the east, which contains a commercial banking facility, and is zoned B2. The owner
desires to rezone the entire parcel from RA, Rural Areas District, to a B2, Business
General District, zoning. The intended purpose for the rezoning would be to allow the
owner to develop the property to provide services to the Rural Community Center at
Gore.
The owner recognizes that the site is located within the Rural Community Center of
Gore, but outside the county Urban Development Area. The applicant recognizes that
the lack of available sewage treatment facilities will restrict the amount of commercial
development on the property. Acknowledging the importance of maintaining the rural
character of the area, the owner is willing to proffer restrictions on the types of
commercial activities and the total amount of retail and/or office building area which
can be developed under the proposed B2 zoning. The owner is also willing to limit the
height of future signs associated with commercial uses. The owner is also willing to
eliminate full access to the site from Route 750.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # 02z02 for the rezoning of
7.8691 acres on Parcel 28-A-63C from RA to B2, development of this particular 7.8691
acres will be in conformity with the terms and conditions set forth in this document.
These terms and conditions may be subsequently amended or revised by the owner of
the property with permission from the Frederick County Board of Supervisors in
accordance with Frederick County codes. These proffers shall be binding on the owner
and their legal successors or assigns.
PROFFERS
1. For a period of time as long as the subject land maintains a B2 Zoning, the
following uses will be prohibited on the land:
1. Uses which are identified by the following Standard Industrial Codes:
a. 074-Veterinary offices with all activities and animals kept within the
fully enclosed primary structure;
b. 0752-Animal specialty services with all activities and animals kept
within the fully enclosed primary structure;
c. 55-Automotive dealers and gasoline service stations;
d. 58-Restaurants;
e. 701-Hotels and Motels;
f. 704-Organization hotels and lodging;
g. 7542-Car washes;
h. 7832-Motion picture theaters;
PROFFER STATEMENT
PARCEL ID 28 ((A)) 620 0
i. 79-Amusement and recreation services operated indoors;
j. 7999-Golf driving ranges and' miniature golf courses;
k. 8351-Child day-care facilities;
I. 5199-Advertising specialties -wholesale;
2 Drive-in theaters;
3. Commercial batting cages operated outdoors;
4. Adult care residences and assisted living care facilities;
5. Commercial sport and recreation clubs;
6. Adult retail uses.
2. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum amount of gross retail and/or office building floor area, in any
combination, which can be constructed on the subject parcel is 40,000 square
feet. This limits the total Floor Area Ratio of the 7.8691 acres to 0.12.
3. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum sign height shall be limited to 25 feet.
4. For a period of time as long as the subject land maintains a B2 Zoning, access
to the site from Route 750 shall be limited to emergency vehicles only.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the General Fund of Frederick County
for the benefit of the Gore Fire Company No. 14 the sure of $1,000.00 for impacts to
fire and rescue services. This sum will be paid upon receipt of any building permit
issued subsequent to the approval of this rezoning by which the cumulative gross
building area for any use, existing and/or proposed, on the subject parcel, or any
portion thereof, will exceed 10,000 square feet.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grants this rezoning and accepts these proffers, then
these proffers shall apply to the land rezoned in addition to the other requirements of
the Frederick County Code.
PROFFER STATEMENT
PARCEL ID 28 ((A)) 630
Submitted By:
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this day of
aooa, by 6kerwoo4
My commission expires on 7/.51 /O(o
Notary Public
SHEqLTON
28 RA 61
�r—
i
HAI
PAYNE iF
ENTERPRISES, TOWER
28 LLC DEVELOPERS, LLC
28 RA 62 28 A 63A
RA
BRYANT
28 RAA 63C
2 RA 9 �a\toad
es�e�a
G�es�et & N
CKEE
I 28 A 56 RA
RA
HAHN 285T� 8
_ 28 A 7 I T�
�c
_ .............. ,
Pike- - B2
ANDERSON B2
28 A 14
B2
REZ # 02 - 02
Location Map For:
Sherwood Bryant
PIN:
28-A-6
Action:
PLANNING COMMISSION
BOARD OF SUPERVISORS
AMENDMENT
July 1, 2002 -
September 25, 2002
Recommended Approval
❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02-02 OF SHERWOOD BRYANT
WHEREAS, Rezoning #02-02 of Sherwood Bryant, was submitted by Painter -Lewis, P.L.C. to
rezone 7.8691 acres from RA (Rural Areas) to B2 (Business General) District. This property is located
200 feet east of the intersection of Rt. 751 and Rt. 50, on the south side of Rt. 50, and is identified with
Property Identification Number 28-A-63C in the Back Creek District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 1, 2002; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 25,
2002;and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change 7.8691 acres from RA (Rural Areas) to B2 (Business General) District as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by
the applicant and the property owner.
PDRes ill3-02
• •
This ordinance shall be in effect on the date of adoption.
Passed this 25°i day of September, 2002 by the following recorded vote:
Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye
Gina A. Forrester- Aye Margaret B. Douglas Aye
W. Harrington Smith, Jr. Ave Robert M. Sager Ave
Lynda J. Tyler Aye
A COPY ATTEST
John ley, Jr.
Frederick County Administrator
PDRes. IN i 8-02
0 .Againi ICOMMENTS\RU- ..ONING\RGS0LUTN\Shm\,oW My-t e,I d
Alti'IENDNIENT
:fiction:
I'LANNING COf INUSSION: July 1, 2002 - Recommended Approval
BOARD 01: SUPERVISORS: September 25. 2002 U APPROVED ❑ DCNIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #02-02 OF SHERWOOD BRYANT
WHEREAS, Rezoning #02-02 of Sherwood Bryant, was submitted by Painter -Lewis, P.L.C. to
rezone 7.8691 acres from RA (Rural Areas) to B2 (Business General) Dist►ict. This property is located
200 feet east of the intersection of Rt. 751 and Rt. 50, on the south side of Rt. 50. and is identified with
Property Identification Number 28-A-63C in the Back Creek District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on July 1, 2002: and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 25,
2002: and
"'HEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to he
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan. -
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Nlap
to change 7.8691 acres from RA (Rural Areas) to B2 (Business General) District as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by
the applicant and the property owner.
ruin, IS I)_,
0 60
This ordinance shall he in effect on the date of adoption.
Passed this 25"' day of Septeniher, 2002 by the following recorded vote:
Richard C. Shickle, Chairman Aye Sidney A. Reyes Aye_
Gina A. Forrester Aye Margaret B. Douglas Aye
W. Harrington Sniith, Jr. &ve Robcrt M. Sager Ave
Lynda J. Tyler Aye
A COPY ATTEST
John I2 ley Jr.
Frederick County Administrator
lll)R ,, r:18.02
J �,;_n,:.nl!)�I111\(jHF./.I)>.IM �HI SUI I�I�)�7mrv,vc ltn.m+npl
0 •
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
August 21. 2002
Prepared for: Mr. Sherwood Bryant
P. 0. Box 191
Gore, Virginia 22637
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@earthlink.net
Job Number: 0111005
E
0
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63
INTRODUCTION
The subject parcel contains 7.8691 acres. Currently all 7 8691 acres are zoned RA. All
adjacent property is zoned RA with the exception of one lot (28-A-14), that is located to
the east, which contains a commercial banking facility, and is zoned B2. The owner
desires to rezone the entire parcel from RA, Rural Areas District, to a B2, Business
General District. zoning. The intended purpose for the rezoning would be to allow the
owner to develop the property to provide services to the Rural Community Center at
Gore.
The owner recognizes that the site is located within the Rural Community Center of
Gore, but outside the county Urban Development Area. The applicant recognizes that
the lack of available sewage treatment facilities will restrict the amount of commercial
development on the property. Acknowledging the importance of maintaining the rural
character of the area, the owner is willing to proffer restrictions on the types of
commercial activities and the total amount of retail and/or office building area which
can be developed under the proposed B2 zoning. The owner is also willing to limit the
height of future signs associated with commercial uses. The owner is also willing to
eliminate full access to the site from Route 750.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # GVO'Z- for the rezoning of
7.8691 acres on Parcel 28-A-63C from RA to B2, development of this particular 7.8691
acres will be in conformity w th the terms and conditions set forth in this document.
These terms and conditions may be subsequently amended or revised by the owner of
the property with permission from the Frederick County Board of Supervisors in
accordance with Frederick County codes. These proffers shall be binding on the owner
and their legal successors or assigns
PROFFERS
For a period of time as long as the subject land maintains a B2 Zoning, the
following uses will be prohibited on the land:
1. Uses which are identified by the following Standard Industrial Codes
a. 074-Veterinary offices with all activities and animals kept within the
fully enclosed primary structure-
b. 0752-Animal specialty services with all activities and animals kept
within the fully enclosed primary structure:
c. 55-Automotive dealers and gasoline service stations;
d 58-Restaurants;
e. 701-Hotels and Motels;
f. 704-Organization hotels and lodging:
g. 7542-Car washes;
h. 7832-Motion picture theaters:
0 •
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63"
i. 79-Amusement and recreation services operated indoors;
1. 7999-Golf driving ranges and miniature golf courses.
k. 8351-Child day-care facilities;
I. 5199-Advertising specialties -wholesale:
2 Drive-in theaters:
3. Commercial batting cages operated outdoors:
4. Adult care residences and assisted living care facilities:
5. Commercial sport and recreation clubs;
6. Adult retail uses.
2. For a period of time as long as the subject lard maintains a B2 Zoning. the
maximum amount of gross retail and/or office building floor area. in any
combination, which can be constructed on the subject parcel is 40,000 square
feet. This limits the total Floor Area Ratio of the 7 8691 acres to 0.12.
3. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum sign height shall be limited to 25 feet.
4. For a period of time as long as the subject land maintains a B2 Zoning. access
to the site from Route 750 shall be limited to emergency vehicles only.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the General Fund of Frederick County
for the benefit of the Gore Fire Company No. 14 the sum of S1.000.00 for impacts to
fire and rescue services This sum will be paid upon receipt of any building permit
issued subsequent to the approval of this rezoning by which the cumulative gross
building area for any use, existing and/or proposed, on the subject parcel. or any
portion thereof, will exceed 10.000 square feet.
The conditions proffered above shall be binding on the heirs. executors; administrators.
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grants this rezoning and accepts these proffers. then
these proffers shall apply to the land rezoned in addition to the other requirements of
the Frederick County Code.
0
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63
Submitted By:
,
Sherwood Bryant (property owner)
Date
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this a-�Z.,d day of
A(1T s+, aooa, by ,S erLJood F, jbcy.c,,-�
My commission expires on
713r1o�
•� u f -� 'W Z'te_;f�r~
Notary Public
202I�1
PROCESSING FEE, ON CERTAIN INDIVIDUALS
Pursuant to Section 15.2-1613.1 of the Code of Virginia, 1950, as amended, there is hereby imposed
a processing fee of twenty-five dollars ($25.00) on any individual admitted by either one of the,
district courts of the County of Frederick or the Circuit Court of the County of Frederick to an),
county, city, or regional jail following conviction of any offense. The fee shall be ordered by the
court as a part ofthe individuals' costs of cowl and it shall be collected by the clerk, deposited into
the account of the county treasurer, and shall be used by the sheriff of Frederick County to de ray
the costs of processing arrested persons into any of the said jails.
ASSESSb1ENT OF COURT COSTS FOR COURTHOUSE SECURITY
Pursuant to Section 53.1-120 (D) of the Corte of Virginia, 1950, as amended, there is hereby
assessed a fee of five dollars ($5.00) as pint of the costs in each criminal or traffic case which is
tried in either one of the district courts of the County of Frederick or in the Circuit Court of the
Coauy of Frederick and wlticln results in convictiotn of any statute ot, ordinance. This said fee shall
be collected by the clerk of the circuit court in which the case is heard, remitted to the Treasurer of
Frederick County, and held by the treasurer subject to appropriation by the board of supervisors
to the sheriff of Frederick County for the finding of courthouse security personnel.
The provisions of this article shall expire July 1, 2004 unless otherwise extended by the
Virginia General Assembly.
The effective date of this ordinance shall be August 14, 2002,
The above motion was approved by the following recorded vote:
Richard C. Shicklc - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Absent
Margaret B. Douglas - Aye
Sidney A. Reyes - Nay
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
PLANNING CONIMiSSION BUSINESS
PUBLIC HEARING
PUBLIC HEARING -REZONM1102-D20FS11ERWOODBRYANT SUBMITTED
BY PAiNTFR-I FWIS PLC TO REZONE 7.8691 ACRES FROA'i RA(RURAI,
AREAS) TO B2 (BUSINESS GENERAL) DISTRICT. THIS PROPERTY IS
LOCATED 200 FEET EAST OF THE INTERSECTION OF GORE, ROAD (RT. 751)
AND NORTHWESTERN PIKE WT. 50) ON THE SOUTH SIDE OF
NORTHWESTERN PIKE AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 28-A-63C IN THE BACK CREEK MAGISTERIAL
DISTRICT- POSTPONED FOR FURTHER REVIEW BY THE APPLICANT
Planner 11 Abbe Kennedy presented this request to the Board advising of the history of this
request, and at the Planning Commission meeting on July 1, 2002 had six members vote no request
with five voting yes, one abstention, and one absent, on this request. She further advised that the
Commissioners discussed setbacks and buffering for the site, and possibly limiting the area used for
display of vehicles, if a used -car lot was established. It was pointed out that the site had only 86' of
road frontage, which will need to accommodate an access road, thereby limiting the number of
(1llnule Book Number 28
Board of Supervisors Meeting of 08/14/02
203
vehicles that could be displayed in front.
Supervisor Forrester asked if the applicant would proffer out the filling station. She did not
notice in the revised comments where this had been addressed.
Supervisor Douglas asked if the applicant would be willing to take this out?
Mr. Anderson, area resident, advised the Board that is not in favor of gas being sold nor the
repair of vehicles.
Charles Brill, area resident, advised the Board that he feels restrictions are needed. He would
like to see the rural area be kept the same, if possible.
John Lewis, of Painter -Lewis, appeared before the Board, on behalf of the petitioner,
advising that this is a speculative request. He feels the best use for this parcel and land is
commercial. He feels the automobile sales are the issue here as it was with the Planning
Commission. He feels gasoline sales would serve this area well.
Supervisor Douglas advised that she had been contacted by the Post Office and they have
advised that "No Parking" would be permitted on this property.
Supervisor Forrester addressed the sewer situation and asked what commercial business
could go on this site knowing this situation.
Supervisor Reyes asked if B-2 would be permitted?
Attorney Ambrogi replied yes.
John Lewis advised the Board that "half a loaf if better than no loaf at all," and they would
take out the gas station if they need to.
Following additional discussion by the Board it was decided this should be postponed for
further review and study by the applicant.
Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, rezoning request
H02-02 of Sherwood Bryan( was postponed.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Absent
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
Minute nook Number 28
Board of Supervisors fleeting of 08/14/02
251
PLANNING COMMISSION BUSINESS
PUBLIC HEARING
PUBLIC HF,ARING - RE7AW4EgG #02-02 OFSIIERWOOD BIZYANT, SUBMI'I'TE D
I3Y PAINTER-LEWIS, P.L.C. TO REZONE 7.8691 ACRES FROM RA (RURAL
AREAS) TO B2 (BUSINESS GENERAL) DISTRICT. TIIIS PROPERTY IS
LOCATED 200 FEET EAST OFTHE INTERSECTION OF GORE ROAD (RT.751)
AND NORTHWESTTFRN PIKE (RT.50), ON THE SOUTH SIDE, OF
NORTHWESTERN PIKE (RT. 50), AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBER 28-A-63C IN THE BACK CREEK MAGISTERIAL,
DISTRICT. (POSTPONED FROM BOARD OF SUPERVISORS MEETING OF
AUGUST 14, 2002.) - APPROVED
Planner it Abbe Kennedy presented this request to the Board advising this had been to the
Board at an earlier meeting and was postponed at the request ofJohn Lewis of Painter -Lewis, P.L.C.
in order that he might further review this rezoning and the proffers offered.
John Lewis appeared before the Board to advise of the amendments.
Upon motion made by Supervisor Douglas, seconded by Supervisor Reyes, czszoi>iti 1102-02
of Sherwood Bryant was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. "Tyler - Aye
Gina A. Forrester - Aye
PUBLIC HEARING - REZONING 1109-02 OF AIKENS PROPERTY, SUBMITTED
BY G. NV. CLIFFORD & ASSOCIATES INC. TO REZONE 1.34 ACRES FROM MI
(LIGHT INDUSTRIAL) AND .05 ACRES FROM B2 (BUSINESS GENERAL) TO B3
(INDUSTRIAL TRANSITION) DISTRICT. TIIIS PROPERTY 1S LOCATED WEST
AND ADJACENT TO MARTINSBURG PIKE (RT. 11) AND SOUTH AND
ADJACENT TO STINE LANE AND IS IDENTIFIED WITH PROPERTY
IDENTIFICATION NUMBERS 54-A-21: 54-A-20A; 54-A-20 AND 54-A-22 IN THE
STONEWALL MAGISTERIAL, DISTRICT- APPROVED
Planning Director Lawrence presented this request to the Board advising that the Planning
Commission recommended approval.
There was no public comment.
Upon motion made by Supervisor Tylcr, seconded by Supervisor Tyler, rezoning request
1109-02 of Aikens Property was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Aye
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Minute Book Number 28
Board of Supervisors Mecting of 09/25/02
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
July 11, 2002
Prepared for: Mr. Sherwood Bryant
P. 0. Box 191
Gore, Virginia 22637
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@earthlink.net
Job Number: 0111005
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63Ce 0
INTRODUCTION
The subject parcel contains 7.8691 acres. Currently all 7.8691 acres are zoned RA. All
adjacent property is zoned RA with the exception of one lot (28-A-14), that is located to
the east, which contains a commercial banking facility, and is zoned B2. The owner
desires to rezone the entire parcel from RA, Rural Areas District, to a B2, Business
General District, zoning. The intended purpose for the rezoning would be to allow the
owner to develop the property to provide services to the Rural Community Center at
Gore.
The owner recognizes that the site is located within the Rural Community Center of
Gore, but outside the county Urban Development Area. The applicant recognizes that
the lack of available sewage treatment facilities will restrict the amount of commercial
development on the property. Acknowledging the importance of maintaining the rural
character of the area, the owner is willing to proffer restrictions on the types of
commercial activities and the total amount of retail and/or office building area which
can be developed under the proposed B2 zoning. The owner is also willing to limit the
height of future signs associated with commercial uses. The owner is also willing to
eliminate full access to the site from Route 750.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # for the rezoning of
7.8691 acres on Parcel 28-A-63C from RA to B2, development of this particular 7.8691
acres will be in conformity with the terms and conditions set forth in this document.
These terms and conditions may be subsequently amended or revised by the owner of
the property with permission from the Frederick County Board of Supervisors in
accordance with Frederick County codes. These proffers shall be binding on the owner
and their legal successors or assigns.
PROFFERS
For a period of time as long as the subject land maintains a B2 Zoning, the
following uses will be prohibited on the land:
1. Uses which are identified by the following Standard Industrial Codes:
a. 074-Veterinary offices with all activities and animals kept within the
fully enclosed primary structure;
b. 0752-Anirnal specialty services with all activities and animals kept
within the fully enclosed primary structure;
c. 58-Restaurants;
d. 701-Hotels and Motels;
e. 704-Organization hotels and lodging;
f. 7542-Car washes;
g. 7832-Motion picture theaters,
h. 79-Amusement and recreation services operated indoors;
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C0 •
i. 7999-Golf driving ranges and miniature golf courses;
j. 8351-Child day-care facilities,
k. 5199-Advertising specialties -wholesale,
2 Drive-in theaters;
3. Commercial batting cages operated outdoors;
4. Adult care residences and assisted living care facilities;
5. Commercial sport and recreation clubs;
6. Adult retail uses.
2. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum amount of gross retail and/or office building floor area, in any
combination, which can be constructed on the subject parcel is 40,000 square
feet. This limits the total Floor Area Ratio of the 7.8691 acres to 0.12.
3. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum sign height shall be limited to 25 feet.
4. For a period of time as long as the subject land maintains a B2 Zoning, access
to the site from Route 750 shall be limited to emergency vehicles only.
5. In accordance with the expressed desire of several of the Frederick County
Planning Commission members, the owner proffers, for a period of time as long
as the subject land maintains a B2 Zoning, that the land shall not be used for
automotive sales.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the General Fund of Frederick County
for the benefit of the Gore Fire Company No. 14 the sum of $1,000.00 for impacts to
fire and rescue services. This sum will be paid upon receipt of any building permit
issued subsequent to the approval of this rezoning by which the cumulative gross
building area for any use, existing and/or proposed, on the subject parcel, or any
portion thereof, will exceed 10,000 square feet.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grants this rezoning and accepts these proffers, then
these proffers shall apply to the land rezoned in addition to the other requirements of
the Frederick County Code.
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63�
Submitted By:
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrurnent was acknowledged before me this
by 5hcr�ood F, Bro,.I
My commission expires on Expiration Date July 31, 2002
Notary Public
7 41, day of
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
June 17, 2002
Prepared for: Mr. Sherwood Bryant
P. O. Box 191
Gore, Virginia 22637
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@earthlink.net
Job Number: 0111005
PROFFER STATEMENT
r PARCEL ID 28 ((A)) 63C
INTRODUCTION
The subject parcel contains 7.8691 acres. Currently all 7.8691 acres are zoned RA. All
adjacent property is zoned RA with the exception of one lot (28-A-14), that is located to
the east, which contains a commercial banking facility, and is zoned B2. The owner
desires to rezone the entire parcel from RA, Rural Areas District, to a B2, Business
General District, zoning. The intended purpose for the rezoning would be to allow the
owner to develop the property to provide services to the Rural Community Center at
Gore.
The owner recognizes that the site is located within the Rural Community Center of
Gore, but outside the county Urban Development Area. The applicant recognizes that
the lack of available sewage treatment facilities will restrict the amount of commercial
development on the property. Acknowledging the importance of maintaining the rural
character of the area, the owner is willing to proffer restrictions on the types of
commercial activities and the total amount of retail and/or office building area which
can be developed under the proposed B2 zoning. The owner is also willing to limit the
height of future signs associated with commercial uses. The owner is also willing to
eliminate full access to the site from Route 750.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # for the rezoning of
7.8691 acres on Parcel 28-A-63C from RA to B2, development of this particular 7.8691
acres will be in conformity with the terms and conditions set forth in this document.
These terms and conditions may be subsequently amended or revised by the owner of
the property with permission from the Frederick County Board of Supervisors in
accordance with Frederick County codes. These proffers shall be binding on the owner
and their legal successors or assigns.
PROFFERS
1. For a period of time as long as the subject land maintains a B2 Zoning, the
following uses will be prohibited on the land:
1. Uses which are identified by the following Standard Industrial Codes:
a. 074-Veterinary offices with all activities and animals kept within the
fully enclosed primary structure;
b. 0752-Animal specialty services with all activities and animals kept
within the fully enclosed primary structure,
c. 58-Restaurants;
d. 701-Hotels and Motels;
e. 704-Organization hotels and lodging;
f. 7542-Car washes;
g. 7832-Motion picture theaters,
h. 79-Amusement and recreation services operated indoors;
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C
i. 7999-Golf driving ranges and miniature golf courses;
j. 8351-Child day-care facilities;
k. 5199-Advertising specialties -wholesale;
2 Drive-in theaters;
3. Commercial batting cages operated outdoors;
4. Adult care residences and assisted living care facilities;
5. Commercial sport and recreation clubs;
6. Adult retail uses.
2. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum amount of gross retail and/or office building floor area, in any
combination, which can be constructed on the subject parcel is 40,000 square
feet. This limits the total Floor Area Ratio of the 7.8691 acres to 0.12.
3. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum sign height shall be limited to 25 feet.
4. For a period of time as long as the subject land maintains a B2 Zoning, access
to the site from Route 750 shall be limited to emergency vehicles only.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the General Fund of Frederick County
for the benefit of the Gore Fire Company No. 14 the sum of $1,000.00 for impacts to
fire and rescue services. This sum will be paid upon receipt of any building permit
issued subsequent to the approval of this rezoning by which the cumulative gross
building area for any use, existing and/or proposed, on the subject parcel, or any
portion thereof, will exceed 10,000 square feet.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grants this rezoning and accepts these proffers, then
these proffers shall apply to the land rezoned in addition to the other requirements of
the Frederick County Code.
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C
Submitted By. -
Sherwood Bryant opert owner)
C�j(,?e TT
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK, To -Wit:
The foregoing instrument was acknowledged before me this day of
June,, a00 a by Oc) ry a,vkA
My commission expires on �� 31, 0200
Notary Public
0 C)bsale- i e_�
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
April 9, 2002
C]
Prepared for: Mr. Sherwood Bryant
P. 0. Box 191
Gore, Virginia 22637
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@mnsinc.com
Job Number: 0111005
0
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C
•
-INTRODUCTION
The subject parcel contains 7.8691 acres. Currently all 7.8691 acres are zoned RA. All
adjacent property is zoned RA with the exception of one lot (28-A-14), that is located to
the east, which contains a commercial banking facility, and is zoned B2. The owner
desires to rezone the entire parcel from RA, Rural Areas District, to a B2, Business
General District, zoning. The intended purpose for the rezoning would be to allow the
owner to develop the property to provide services to the Rural Community Center at
Gore.
The applicant recognizes that the site is located within the Rural Community Center of
Gore, but outside the county Urban Development Area. The applicant recognizes that
the lack of available sewage treatment facilities will restrict the amount of commercial
development on the property. Acknowledging the importance of maintaining the rural
character of the area, the owner is willing to proffer restrictions on the types of
commercial activities and the total amount of retail and/or office building area which
can be developed under the proposed B2 zoning.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application #()I,=_Oj, for the rezoning of
• 7.8691 acres on Parcel 28-A-63C from RA to B2, development of this particular 7.8691
acres will be in conformity with the terms and conditions set forth in this document.
These terms and conditions may be subsequently amended or revised by the owner of
the property with permission from the Frederick County Board of Supervisors in
accordance with Frederick County codes. These proffers shall be binding on the owner
and their legal successors or assigns.
PROFFERS
1. For a period of time as long as the subject land maintains a B2 Zoning, the
following uses will be prohibited on the land:
1. Uses which are identified by the following Standard Industrial Codes:
a. 074-Veterinary offices with all activities and animals kept within the
fully enclosed primary structure;
b. 0752-Animal specialty services with all activities and animals kept
within the fully enclosed primary structure;
c. 58-Restaurants;
d. 701-Hotels and Motels;
e. 704-Organization hotels and lodging;
f. 7542-Car washes;
g. 7832-Motion picture theaters;
• h. 79-Amusement and recreation services operated indoors;
i. 7999-Golf driving ranges and miniature golf courses;
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C
j. 8351-Child day-care facilities;
k. 5199-Advertising specialties -wholesale;
• 2 Drive-in theaters;
3. Commercial batting cages operated outdoors;
4. Adult care residences and assisted living care facilities;
5. Commercial sport and recreation clubs;
6. Adult retail uses.
2. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum amount of gross retail and/or office building floor area, in any
combination, which can be constructed on the subject parcel is 40,000 square
feet.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the General Fund of Frederick County
for the benefit of the Gore Fire Company No. 14 the sum of $1,000.00 for impacts to
fire and rescue services. This sum will be paid upon receipt of any building permit
issued subsequent to the approval of this rezoning by which the cumulative gross
building area for any use, existing and/or proposed, on the subject parcel, or any
portion thereof, will exceed 10,000 square feet.
The conditions proffered above shall be binding on the heirs, executors, administrators,
• assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grants this rezoning and accepts these proffers, then
these proffers shall apply to the land rezoned in addition to the other requirements of
the Frederick County Code.
•
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C
Submitted By:
01 MN wvvu ui yai n I PI yr
Date:
STATE OF VIRGINIA, AT LARGE
COUNTY OF FREDERICK. To -Wit:
er)
The foregoing instrument was acknowledged before me this '7 day of
Hp.eck by Shcr�.�oo� F, B�yor.i
My commission expires on Expiration Date July 31, 2002
Notary Public
0
•
0 •
Action:
PLANNING COMMISSION
BOARD OF SUPERVISORS
AMENDMENT
July 1, 2002 -
August 14, 2002
Recommended Approval
❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING -
THE ZONING DISTRICT MAP QW/
REZONING #02-02 OF SHERWOOD BRYANT
WHEREAS, Rezoning #02-02 of Sherwood Brya%
rezone 7.8691 acres from RA (Rural Areas) to B2 Bus>
200 feet east of the intersection of Rt. 751 an . 50, o 1
Property Identification Number 28-A-63C ' e Back C
was subSDi
ainter-Lewis, P.L.C. to
Generct. This property is located
o t. 50, and is identified with
ree is
WHEREAS, the Planning Commission Id a public hearing on'tMs rezoning on July 1, 2002; and
WHEREAS, the Board of Supervisors held'�public hearing on this rezoning on August 14, 2002;
and
r
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be
in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map
to change 7.8691 acres from RA (Rural Areas) to B2 (Business General) District as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by
the applicant and the property owner.
PDRcs =1 8-02
0 •
This ordinance shall be in effect on the date of adoption.
Passed this 14`I' day of August, 2002 by the following recorded vote:
Richard C. Shickle, Chairman Sidney A. Reyes
Gina A. Forrester
Margaret B. Douglas
W. Harrington Smith, Jr. Robert M. Sager
Lynda J. Tyler
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
PDRes. It 18-02
0.\,%gcnduNCO\I\IGN'FS\RGLONING\RGSOI.UTN\Shcnvoai Oq,ant.%ypd
04/26/02 15:00 FAX IU06625793 PAINTER LEIIIS
6.
MM
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
2275 Northwestern Pike
Winchester, Virginia 22603
`�� 'spat; �e..::•..:� •::
�i •:scan#�::�leas�;�l�ou��th�:�nta�mation:its:�cei�xat�X��sp�a�s�'li�e:iri:order:fo,as .• .
• . f TTatis ...:ztLi%ri:�3't tithei TeYievtir: Ai�iey+
rrgtnLa. p :....Pp:..
a•lication�'o�;:lo:Galion:�ri�Ps:PTn�'er.sf�te�:��at��i�ip.$ctsg��s��;.aai�ai�ef:� �`•,:":�:�;•::.�..
oruiatr
ertiaent iitf
P ... .
Applicant's Name: � alLZ,-,Lb. Pk-L Telephone: rvLO Z c77q 2-
Mailing Address: :)-2-
Location of property: '2 mac-' ' L*N--f Cam' UaTy. t7.T "7 6l 'tiy7f 4D r - (
uue-,-,X, 4--,,1 pe� n F XZ-7C c'O
Current zoning: 1�-A Zoning requested: V22 Acreage:
rF
a Department of Transportation Comments:
plication to rezone thin property appeare to have significant. measurable impact on Route 50,
stern pike, the VDOT facility whi would prove access to t e property. ore ve inn ,
ffice will require a complete set of construction plans detailing entrance desigps, drainage
.� rt L r.. i. ^ r-ivw�.•�rii--tw'. ti4, t•,7. �-. ,•...: F9r �LY�eF'r�a.i+
ow
s the right to �t on all right-of-way needs, including right-of-way dedication, traffic
�at. F and off site roadway iTrmroywMts and drainage Anywork performed on the State's
f-way m1 t be covered under a land use permit. Ibis permit is issued by this office and
s an inspection fee and surety bond coverage. 'Thank you for allowing us the opportunity to
t .Signature & Date: Aril 24 2002
Notice to VDOT - Please Return Form to Applicant
20
Rezoning Comments
�iit�°-�'':ii�`'a..?$'�r;r:e.: . r, �.�'''a, �'� Y•sv'*Fi�.��`e'��^.�:l.ismc;_C,;�;.�`..�;�tz3.�,«�L..�^^',�'.:vt",a:3,:."A`fr�ifs'�,�i��"u$:'%�:":^
Frederick County Fire Marshal
Mail to:
Frederick County Fire Marshal
107 North Kent Street
Winchester, Virginia 22601
(540) 665-6350
Hand deliver to:
Frederick County Fire & Rescue Dept.
Attn: Fire Marshal
County Administration Bldg., 1st Floor
107 North Kent Street
Winchester, Virginia
Apphcant: Please fill out the information`'as accurately as possible in order to assist the
t Fred'erick County ire Marshal with his review ;Attach a copy of your application form,
location map, proffer statement, impact is and any ether pertinent information.
Applicant's Name: P �a�-C�2- (,�w�5 < <�l.0 Telephone: Ckc-) (c-,, z.z-
Mailing Address: _Z{i2
Location of property: ?CV' L F l t. Y- V-L I E;l y i2-1 23 cv NA
UU��'C (i F Y2-(- 6)
Current zoning: (2 Zoning requested: k,z Acreage:
Fire Marshal's Comments:
Fire Marshal's Signature &Date:
Notice to Fire Marshal - Please Return This Form to the Applicant
22
Control number
RZ02.0001
Project Name
Sherwood Bryant
Address
302 S. Braddock Street
Frederick county Fire and Rescue
Department
Office of the Fire Marshal
Ilan Review and Comments
Date received Date reviewed
1/18/02 1/29/02
Applicant
Painter -Lewis P.L.C.
City State Zip
Winchester VA 22601
Type Application Tax ID Number
Rezoning I 28-A-63C
Current Zoning Election District
RA Back Creek
Recommendations
Automatic Sprinkler System Automatic Fire Alarm System
No No
Other recommendion
RegUirements
Emergency Vehicle Access Hydrant Location
Not Identified Not Identified
Fire Lane Required Siamese Location
Yes Not Identified
Roadway/Aisleway Width Special Hazards
Not Identified Yes
Emergency Vehicle Access
r IJ.13�Jljteel duce Trig site p9lem alracess.
Access Commen
Date Revised
Applicant Phone
540.662-5792
Fire District
14
Rescue District
14
Residential Sprinkler Syst
Yes
6
Frederick County Fire and Rescue
Department
Office of the Fire Marshal
Plan Review and Comments
Additional Comments
Water Supplies for firefighting.
r
Reviewed By Signiture
Timothy L. Welsh
Plan Approval Reecommended Title
Yes
03.,12 20o2 TUE 07:30 FkX
•
20011,001
Rezoning Comments
k ire and. Reseme Comgaav,
Name of Firm & Rmcue m gay_ AddreU & Ynone
6,.vUz . , v A ?-:? 3-1
Applicant's Name: Telephone: 54n- roc't -spa Z
Mailing Address:
l.0 �1G �Ci2 r to
Location of property: lcc sue, - Vh Z7 S-0 rR t. v-2'SST
"f.►C7a or,� Q:y 50
Current zoning: k2- A, _ Zoning requested: '?>2 Acreage: 3. 5,
Fire and Rescue Company's Comments.
I?i K-C
Fk.e & Roue Cnmpanv'S
S,i$aatura & Date,
o.s�u Com�a�ni =:Prise Retui_`This Worn to tY�e:Ap�gIiGant.
32
i
•
Rezoning Comments
::i:: �'' ";..yis,:1�;;v� - r:it::t;''._u'T.i..'�>.is.�...::i.i::".'�i_^":'�::�.._...�i:;il-.:t.;iJ.i�3�:r.:L'":1r_'.isl'_:�'isi.`.�`�.•.'3:�i_i:7°,LL';:fi�:Gdi.�
Frederick County Department of Public Works
Mail to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5643
Hand deliver to:
Frederick County Dept. of Public Works
Attn: Director of Engineering
County Administration Bldg., 4th Floor
107 North Kent Street
Winchester, Virginia
Applicant: PTeas'6fill� it,:the.in% rmation as-acciirately as; possible in order to assist the
Department of Public Works ygiil.their. review:_ Attach a. copy of your application form,
location msi proffec`stateiri`enf,.impact analysis,.and any other pertinent information.
Applicant's Name: �4�� M%�11 L-t%c �%tS , P LL Telephone: 5110 (�-&Z
Mailing Address:
Location of property: 2CV' k-:T� OE �tMlc 2 _ 5S 5 12T ^l
Current zoning: 2- A Zoning requested: ` Z- _ Acreage: T ?)
Department of Publ'c Work's Comments: rl
�o von � L2.X
A� vU
su �s
Public Works Signature & Date: r o2
Not ce.tQ`Dept: of �.01ic..Works nc' ase'ROturn�This Form to the Applicant,
21
Rezoning Comments
Frederick -Winchester Health Department
Mail to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Winchester, Virginia 22601,
(540) 722-3480
Hand deliver to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Suite 201
Winchester, Virginia
•Applicaut:'Please.'�MT"out..the-:iiifoi nation as:accurately as. possible in order to assist the
Frederick=Wirichester`.Health.:Department yvith their review.. Attach a copy of your
application farm;; I:ocation,:map;"proffer statement, impact analysis, and any other
ertiireht:informiatioii
Applicant's Name
Mailing Address:
Telephone: SLID
Z �,, 1Iti2��OOCA__ 1_T
Location of
property:
l,Ue-5_C --2 � �2 c3 O�—_ 1C ':5 y
Current zoning: 12. A Zoning requested: `C�5_ Acreage:
Frederick -Winchester Health Department's Comments:
ZLcJ
r
Health Dept. Signature & Date:
Notice to, Health Department = Please Return This Form to the Applicant
26
1:52p Frederick County Planning 5-6395 p.2
02 13:20 FAX 10025783 PAINTER LEW15 0 (2102
Historic Resources Advisory Board
M101 to:
Frederick County
Department of Planning & Development
107 North Kent Street
Winchester, Virginia 22601
(540) 665-5651
Hand deliver to,
Frederick County
Department of Planning & Development
Co. Aduiizustration Building, 4th FlGor
107 North Kent Street
Winchester, Virginia
-'az6imiplv, dspq0iibJc7ire order to assist ttie
poor
Applicant's Namc; PL-6- ---- Telephone: -:54�D
Mailing Address: C,-F etL07CU 2&)10
Location Of property: -2aj G r t�-124T k Wa I.:!) rI
wo-9kne C-+-- q,-r
Current zoning: _ V-14 Zoning requested: ?--,2 Acreage: -]J�
Advisory Board Comincau;
-0 06 &1 bF Ty�ls Fz!:g 11�
ANg,%,SArI-- POFS LIU N&9(FICAd-nL-)r- APACT- 41-MCICi
eKQ POK, I F-s 1±9 A-13 6 P E F, ffS U�
6dA ALF VKV—L.
6�
Sipature & 'Date: A4 A AlkA rf I
I�t �-Adv�isarv,-R� rd - Plewe Return Form ta Appficant
19
s
0
Rezoning Comments _
Frederick County Attorney
Mail to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia 22601
(540) 665-63 83
Hand deliver to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia
Applicant's Name: Th.k til`11--2- LOLULS , C? t .C- . Telephone: G4- C - (�61Z- s-I-Iz_
Mailing Address:G-V
Location of property: Z6V
UJ5�Qe of �2T SD
Current zoning: Y-\ Zoning requested: Acreage: -1, P)
County Attorney's Comments:
e v"L
Assistant County Attorney's
Signature & Date:
M.
" �—'/71b - --
OUTPUT MODULE
APPLICANT: PIN 28-A-63C
Net Fiscal Impact
LAND USE TYPE Commercial
Costs of
Impact_Credit:
INPUT MODULE Credits to_be_Take
REAL EST VAL S2,603,535
Required
(entered in
Cur. Budget
Cur. Budget Cap.
Future CIP/
FIRE & RESCUE 3
Capital Faciltiies
col sum only)
Oper. Cap.Equip
Expend/Debt S.
Taxes— then
Fire and Rescue Department
$18,976
Elementary Schools
SO
Middle Schools
SO
SO
SO
High Schools
SO
Parks and Recreation
SO
SO
Public Library
SO
SO
Sheriffs Offices
50
S795
SO
SO
Administration Building
SO
SO
Other Miscellaneous Facilities
SO
S9,218
S1,855
SUBTOTAL
S18,976
S10,013
S1,855
SO
LESS: NET FISCAL IMPACT
S1,555,119
NET CAP. FACILITIES
IMPACT
Total Potential Adjustment For
Tax Credits
Revenue-
Net Capital
Net Cost Per
(Unadjusted)
Cost -Balance
Facilities.lmpact
Dwelling Unit
SO
SO
S18,976
ERR
SO
SO
SO
ERR
SO
SO
SO
ERR
SO
SO
SO
ERR
S795
$795
SO
ERR
SO
SO
SO
ERR
511,073
511,073
SO
ERR
$11,868
S11,868
$7,108
ERR
$1.555,119
$1,555,119
(S1.555,119)
ERR
0
ERR
INDEX: "1.0" If Cap. Equip Included: 1.0
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000
PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.433
METHODOLOGY 1.
Capital facilities requirements are input to the first column as calculated in the model.
2.
Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative); included are the one-time taxes/fees for one year only at full value.
3.
NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4.
NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts.
5.
NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6.
Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
NOTE: Proffer calculations do not include include interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
NOTES: Model Run Date 04/9/02 ERL
P.I.N. 28-A-63C Rezoning: Assumes 7.8691acres zoned B2, with a maximum of 40.000 sq ft of retail/office use
Due to changing conditions associated with development in the County, the results of this
Output Module may not be valid beyond a period of 90 days from the model run date.
a
•
IMPACT ANALYSIS STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
April 11, 2002
•
Prepared for: Mr. Sherwood Bryant
P. 0. Box 191
Gore, Virginia 22637
Prepared by: PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@mnsinc.com
Job Number: 0111005
APR I ! IUU2
*01', OF PLAN NiN6 ii�.�_�.�','
IMPACT ANALYSIS STATEMT
PARCEL ID 28 ((A)) 63C
•
0
•
section
IMPACT ANALYSIS STATEMENT
TABLE OF CONTENTS
page
i.
INTRODUCTION
1
A.
SITE SUITABILITY
1
B.
SURROUNDING PROPERTIES
3
C.
TRAFFIC
3
D.
SEWAGE CONVEYANCE AND TREATMENT
4
E.
WATER SUPPLY
4
F.
DRAINAGE
5
G.
SOLID WASTE DISPOSAL FACILITIES
5
H.
HISTORIC SITES AND STRUCTURES
5
I.
COMMUNITY FACILITIES
6
J.
OTHER IMPACTS
6
APPENDIX
7
IMPACT ANALYSIS STATEMEJ6
PARCEL ID 28 ((A)) 63C
0
i. INTRODUCTION
Mr. Sherwood Bryant (the owner) is a private land owner with holdings in the Gore
area. In an effort to provide more opportunities for commercial services in the rural area
community, Mr. Bryant desires to rezone a single parcel along Rt. 50 in Frederick
County, Virginia to provide opportunities for the development of more diverse,
service -oriented businesses. The subject parcel is identified by Tax Map Number
28((A))63C and is currently zoned RA (Rural Areas District). The total area of the
parcel is approximately 7.8691 acres. The parcel contains a commercial building which
formerly housed the United States Post Office.
The Gore area is outside of the Frederick County Water and Sewer Service Area. As
such, the development potential of the subject property is limited, particularly by the
absence of sanitary sewer service. Any development on the property will be served by
on -site treatment facilities. These facilities will be limited by the Virginia Department of
Health to approximately 800 gallons per day of total sewage capacity. The owner will
proffer limited development on the property based upon the anticipated sewage
capacity. See Section D below.
The applicant desires to rezone the 7.8691 acres of the subject parcel from RA to B2,
Business General District. The intended purpose for the rezoning is to obtain a
zoning classification for the parcel that will allow for the development of business to
serve the Rural Community Center of Gore.
• A. SITE SUITABILITY
The Frederick County Comprehensive Policy Plan includes the subject parcel within the
Gore Rural Community Center area. Please refer to Exhibit 1. The Land Use Plan
states that the Rural Community Center Committee recommended that housing
development should be encouraged in the Gore area. In support of housing
development and to augment the amount and types of business services available to
the residents of the area, some rezoning from the RA zoning is desirable. A B2 zoning
will precisely define the types of businesses envisioned by the Comprehensive Plan.
Under the current RA zoning, most allowed business services require a Conditional
Use Permit.
The site contains frontage on Route 50. Route 50 at the site is a four -lane, divided
highway. There is an existing median break directly opposite the entrance to the site.
This provides the site with good access and excellent visibility from an arterial highway.
The entrance has been upgraded recently to accommodate the construction of a new
post office facility. Access easements are in place to allow both the parcel containing
the post office and the subject parcel to utilize the existing entrance.
The gently rolling topography of the site is well -suited for commercial construction. The
development of low impact, retail -type or business service -oriented stores which tailor
their product to the existing population of the area will provide a desirable expansion of
the Rural Community Center concept. The location along the Route 50 corridor fits the
page 1
IMPACT ANALYSIS STATEME*
PARCEL ID.28 ((A)) 63C 0
Comprehensive Plan's idealized concept of having "proximity to arterial routes". The
• absence of public water and sewer service will limit the amount of commercial
development possible on this site, thus assuring a rural character to the potential
commercial development.
100 YEAR FLOOD PLAIN
Federal Insurance Rate Map Community Panel Number 510063 0100 B shows the
subject area is adjacent to "Zone A, areas of 100-year flood; base flood elevations and
flood hazard factors not determined". The FIRM map indicates that the parcel is just
outside of any flood hazard zone. It appears from reading the FIRM maps, that the
limits of the 100 year flood plain are near the southeast corner of the property.
WETLANDS
No wetlands have been identified on the site.
STEEP SLOPES
The property generally slopes to the northeast toward the Winchester and Western
Rail Road. Fill dirt has been imported to the site to create a building pad for the existing
commercial building. Between the fill area and the rail road right-of-way, the slope of
the site ranges from 1-5%. Steep slopes are defined by the Frederick County Code as
slopes exceeding 25%. There are no steep slopes on the site.
MATURE WOODLANDS
Woodlands are generally defined by the Frederick County Code as including largely
mature trees in groves greater than 1 /4 acre. There are no mature woodlands located
on this site. A hedgerow consisting of subclimax species of trees such as Osage
Orange and Locust lines the east boundary of the property.
SOILS
According to the Soil Survey of Frederick County, the site contains the following soil
type: Zoar silt loam, 44C. This soil is a part of the Weikert-Gainesboro-Berks
association which includes gently sloping to very steep, well -drained soils formed in
material weathered from shale or fine-grained sandstone. Depth to bedrock is
approximately 60 inches or greater. The unified soil classifications are predominantly:
ML, CL, CL-ML, MH and CH. This soil is identified as prime farmland in the Soil Survey.
Recent soils investigations in association with the search for drainfield areas, indicates
that this particular site has a very high seasonal water table of 12" or less. The high
water table will negatively impact the classification of the on -site soils as prime
farmland. No areas of the site are suitable for a sanitary subsurface absorption system.
The presence of a high water table may affect the construction and performance of
building foundations. The development of the site should be preceded by a
geo-technical analysis of the soil conditions with respect to foundations.
B. SURROUNDING PROPERTIES
• The parcel to be rezoned is bordered on the east by a single parcel that is zoned B2
and has been used as a branch banking facility. To the south are the rights -of -way for
page 2
IMPACT ANALYSIS STATEMEO
PARCEL ID 28 ((A)) 63C 0
the Winchester and Western Rail Road and Route 750, Lucas Road. The southwestern
property line of the parcel is bordered by two parcels which are zoned RA and both are
used for residential purposes. The adjacent parcel to the west is zoned RA and
contains the United States Post Office. The adjacent parcel to the northwest is zoned
RA and contains a motel. Other adjacent parcels are zoned RA and are used for
residential purposes. Please refer to Exhibit 2.
Potential adverse visual impact from the proposed rezoning of the site will be mitigated
by buffering and screening elements between different zoning districts as required by
the Frederick County Zoning Ordinance. The types and character of the uses allowed
by proffer restriction on the site to be rezoned will be generally compatible with the
surrounding uses. The potential businesses will have minimal impacts associated with
noise, glare, fumes, pollution, odors, and other nuisance factors. Exhibit 3 contains a
generalized site plan that illustrates a development schematic showing points of
access, building setback lines, and required buffers.
C. TRAFFIC
It is anticipated that the majority of traffic accessing the site will enter and leave the
property via the existing entrance on Route 50. According to figures from the Virginia
Department of Transportation, the Average Annual Daily Traffic on Route 50 in 2000 at
this location was 10,000 vehicles. This figure is inclusive of all motorized vehicles. The
potential exists to develop a second point of access to the site from Route 750. The
Average Annual Daily Traffic on Route 750 in 1986 at this location was 260 vehicles.
However, this location will experience only minor amount of vehicular traffic due to its
location away from the significant traffic flow. VDOT has recommended that access to
Route 750 from the site be limited in order to prevent adverse impacts to Route 750.
Traffic impacts from the proposed rezoning will be estimated using the figures in the
ITE Trip Generation Manual, Sixth Edition. According to the ITE Manual, the most
traffic potentially generated by the property would be from retail sales. By proffer, the
owner is limiting the amount of retail sales area to a maximum of 40,000 gross square
feet. The type of retail use that will serve as a model for traffic impacts will be Specialty
Retail Center, Code 814. Specialty Retail Centers are generally small strip shopping
centers that contain a variety of retail shops and specialize in quality apparel, hard
goods, small merchandise stores and services such as real estate offices, dance
studios, florists, and health services.
Specialty Retail Center Code 814
Based on a projected gross leasable area of 40,000 square feet:
■ Weekday: 40.67 trips per 1000 sf = 1,623 trips
• Sunday: 20.43 trips per 1000 sf = 817 trips
■ Weekday A.M. Peak Hour: 6.41 trips per 1000 sf = 256 trips
■ Saturday: 42.04 trips per 1000 sf = 1,682 trips
• ■ Weekday P.M. Peak Hour: 4.93 trips 1000 sf = 197 trips
page 3
IMPACT ANALYSIS STATEMEI$
PARCEL ID 28 ((A)) 63C
The peak weekday trip estimate of 1,623 trips is approximately 16% of the VDOT AADT
value of 10,000 trips. Prior to any development, the developer/owner will be required to
is apply to the Frederick County Department of Planning and Development for site plan
approval, and VDOT would perform a full review of any commercial development.
Traffic impacts would be mitigated at that time by the design and construction of
improvements to Route 50 and possibly Route 750.
D. SEWAGE CONVEYANCE AND TREATMENT
There are currently no public sewage facilities available to serve the site. The site is
outside the Frederick County Sewer and Water Service Area. A recent investigation of
the on -site soils has revealed that the soils are not well -suited for the installation of a
subsurface absorption system for the disposal of sewage. During the construction of
the new U. S. Post Office on the adjacent property, Mr. Bryant applied for and received
a permit to discharge treated effluent from treatment facilities intended to serve the
adjacent parcel. The permit, VPDES No. VAG401933, is valid for a discharge of up to
1000 gallons per day. The treatment facility constructed in association with the U. S.
Post Office was designed to treat and discharge 150 gallons per day. Exhibit 5 contains
correspondence from the Department of Environmental Quality describing the
procedure required to construct additional treatment facilities which would discharge to
the same outfall location as the existing facility. The owner will be responsible for the
construction of the treatment facilities necessary to allow development to occur on the
subject parcel.
• The owner of the property will apply for the necessary permits to install an on -site
treatment system at the site plan stage. Under the current condition, any use to be
constructed on the site would be limited to the generation of approximately 800 gallons
per day of sewage effluent.
The amount of potential sewage treatment capacity available for the property is a
significant factor in determining the development potential of the site. It is anticipated
that the site will be developed for retail sales. According to the Commonwealth of
Virginia Sewage Handling and Disposal Regulations, Table 4.1-Sewage Flows, typical
flows for a "shopping center" are 200 to 300 gallons per day per 1000 feet of ultimate
floor space. Using a design demand value of 200 gpd/1000sf, a retail development
could include approximately 4,000 square feet of building area. The construction of
4,000 square feet of retail space on the subject 7.86 acre parcel would not be the
highest and best use of the land. On the other hand, a miscellaneous sales use may
have a very low sewage demand with restricted use public restroom facilities. Sewage
demand could be based upon the number of emplyees. Typical employee sewage
demand is 15 to 30 gallons per day. Using a design dernand value of 20 gpd/employee,
and one employee per 2000 square feet of sale display area, a retail development
could include approximately 40,000 square feet of building area. This type of retail
development could possibly be a grocery or the like.
• These values will be reviewed and confirmed by the Health Department at the time of
site plan submission. The rural character of the Gore area would be best preserved if a
page 4
IMPACT ANALYSIS STATEME16
PARCEL ID 28 ((A)) 63C 0
limit is placed on the amount of building area available to the subject parcel. By proffer,
the owner is willing to limit the amount of retail development space to 40,000 square
• feet.
E. WATER SUPPLY
There are currently no public water service facilities to serve the site. The site is
outside the Frederick County Sewer and Water Service Area. It is anticipated that an
adequate water supply can be obtained from a standard commercial well to be drilled
on the site, There is an existing on -site well serving the former U. S. Post Office, which
may be adequate to serve any proposed use. Any well and water supply works will
have to comply with the standards of the Virginia Department of Health, Office of Water
Programs.
F. DRAINAGE
The site is located between U. S. Route 50 and the Winchester & Western Rail Road.
Storm water runoff from off -site must pass beneath Route 50 and into an existing
drainage swale along the eastern property line, Drainage from the site flows toward the
rail road right-of-way and mingles with the off -site drainage at the southeast corner of
the property. From there, the water flows approximately 1000 feet to Back Creek. There
are no perennial streams on the site.
An increase in storm water runoff can be expected with any development on the parcel.
• Storm water management will be provided in accordance with the Frederick County
Code, Chapter 165. It is anticipated that storm water detention facilities will be created
to serve any proposed development.
G. SOLID WASTE DISPOSAL FACILITIES
The nearest citizens' trash convenience facility is located adjacent to Rt. 632,
Sandmine Road. No additional solid waste disposal facilities will be required for the
proposed development. The amount of solid waste generated by the development can
be estimated based on one pound per employee per day. Using a figure of 40
employees per acres, the estimated number of employees is 314. Tipping fees are
$35.00 per ton. Collection fees are $25.00 per ton. The annual cost projected to meet
waste disposal needs can be estimated by:
cost = cost per ton of waste x tonnage
$3,438.00 = $60.00 x (1x314) x (112000) x 365
H. HISTORIC SITES AND STRUCTURES
The site contains no known historic sites or structures as listed on the Virginia
• Landmarks Register and the National Register, The Rural Landmarks Survey Report
lists several structures within approximately one mile of the site, which were inventoried
page 5
IMPACT ANALYSIS STATEMS
PARCEL ID 28 ((A)) 63C 0
due to architecturally or historically significant sites or structures. Please refer to
Exhibit 4.
I. COMMUNITY FACILITIES
EMERGENCY SERVICES
Police protection is provided by the Frederick County Sheriff's Department. The nearest
fire responder facility is the Gore Fire Company No. 14. The nearest rescue responder
facility is the North Mountain Fire and Rescue Company No. 19. No additional fire and
rescue facilities will be required for the area proposed to be rezoned. The Frederick
County Capital Facilities Impact Model calculates that the projected capital cost for
emergency service facilities attributable to this development is $00.00. During the site
plan stage of development for the parcel, the Frederick County Fire Marshal will make
a determination of the need for water supplies for fire fighting based on the type of
building proposed for the site. The owner has agreed to make a financial contribution to
the general fund of Frederick County to offset impacts to fire and rescue services.
Please refer to the Proffer Statement contained in the Exhibits.
PARKS AND RECREATION
• The Frederick County Capital Facilities Impact Model calculates that the projected
capital cost for public park facilities attributable to this development is $00.00.
•
J. OTHER IMPACTS
The Frederick County Capital Facilities Impact Model calculates the following
additional fiscal impacts attributable to this development:
• Public Library - $00.00;
• Schools - $00.00
• Sheriff's Office - $00.00;
• Administration Building - $00.00;
• Other Miscellaneous Facilities - $00.00.
After adjustments for tax credits, the net capital facilities impact is $00.00. Please refer
to item 6 in the Appendix.
page 6
IMPACT ANALYSIS STATEME*
PARCEL ID 28 ((A)) 63C
•
•
IMPACT ANALYSIS STATEMENT
EXHIBIT 1 - PARCEL LOCATION EXHIBIT
1
EXHIBIT 2 - PROPERTY MAP
2
EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN
3
EXHIBIT 4 - HISTORIC STRUCTURES MAP
4
EXHIBIT 5 - HEALTH DEPARTMENT CORRESPONDENCE
5
EXHIBIT 6 - FISCAL IMPACT MODEL
6
EXHIBIT 7 - PROPERTY DEED
7
EXHIBIT 8 - CURRENT TAX STATEMENT
8
EXHIBIT 9 - PROFFER STATEMENT
9
page 7
IMPACT ANALYSIS STATEM�
PARCEL ID 28 ((A)) 63C
E
0 EXHIBIT 1 - PARCEL LOCATION EXHIBIT
•
�L
• • •
27
9
1 � 2s.
_ 14C
Northwestern
Pike
Rt. 50
See 33
Gore Road
Rt. 751
171
`, 8
2 of
172
2 pts.
167
166
129
Point of Rocks
\-APPROXI TE RURAL COMMI
CENTER 80 DARY
04
2 pt. I6 ,� 71A 71 Bock
0 120
Back Creek Rd,
y�
8% 7999
130
Rt. 704—
s 95
98 100
1
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9
N 101
2
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dc 10363
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c
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6
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22801
S
WINCHESTER, VIRGINIA
7
117
123
TELEPHONE
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8
FACSIMILE (5
122
DRAWING: TM-1
PARCEL
LOCATION EXHIBIT
S H E RWOO �
B RYANT PROPERTY
FREDERICK COUNTY SCALE: 1050000'
i JOB #9B05D05
VIRGINIA 03JAN02
IMPACT ANALYSIS STATEME*
PARCEL ID 28 ((A)) 63C
•
•
EXHIBIT 2 - PROPERTY MAP
page 9
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r JOB #9805005
VIRGINIA DATE: 03JAN02
i
•
0
MAY 2 12002
T, OF PLANNiNC-4DEVELOPMENT
IMPACT ANALYSIS STATEMEO
PARCEL ID 28 ((A)) 63C
i
•
EXHIBIT 3 - GENERALIZED SITE DEVELOPMENT PLAN
page 10
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302 S. 13RADDOCK ST., SUITE 200
WINCHESTER, VIRGINIA 22601
TELEPHONE (540) 662-5792
FACSIMILE (540) 662-5793
DRAWING: GSP-1
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GENERALIZED SITE PLAN FREDERICK COUNTY, JOBL#96050 50
VIRGINIA DATE: 03JAN02
0
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MAY 2 1 Z00Z
DEPT. OF PLANNINGEDEVELOPMENT
IMPACT ANALYSIS STATEMEJO
PARCEL ID 28 ((A)) 63C
•
•
•
0
EXHIBIT 4 - HISTORIC STRUCTURES MAP
Number
Common Name _;
W ilia Cather Birthplace
-- .
Character
side passage plan
34-161
34.162
Willow Shade
34-476
Gable Front House
34-477
Brill House & Smith Schoolhouse
34-478
lHouse on Rt. 50
W W I period
34-479
Smith -Anderson Log House
34-480
Dr. S. J. Smith House
central passa a single pile plan
34-481
Dr. Schaeffer House
34-1093
Gore Day School
WWI period
34-1094
Jerimiah Smith House
RevoIutiona ry War period
34.1095
House on Rt. 50
Revolutionary War period
34.1096
Seibert Cemetery
34-1097
Jerimiah Smith Cemetery
34.1514
Smith -Fries House
Agricultural Outbuildings
IMPACT ANALYSIS STATEME*
PARCEL ID 28 ((A)) 63C
0
•
0
EXHIBIT 5 - HEALTH DEPARTMENT CORRESPONDENCE
page 12
l! r' $
COMMONWEALTH ®f VIRCj INIIA
DEPARTMENT OF ENVIRONLIENT11L QUALITY
Valley Regional Office
James S. Gilmore, III
Governor Sireeu Address: 4411 Early Road, I Iarrisonburg, Virginia 22801
Mailing Address: P. O. Box 3000, Harrisonburg, VA 22801-9519
Ronald P. Hamm Telephone (540) 574-7800 Fax (540) 574-7878
Secretary of Natural Resources http://www.deq.state.vi.tts
December 10, 2001
John C. Lewis, P.E., C.L.A.
Painter -Lewis, P.L.C.
302 South Braddock Street, Suite 200
Winchester, VA 22601
RE: General VPDES Permit No. VAG401933, Gore U.S. Post Office
0 Dear Mr. Lewis:
•
Dennis H. Treacy
Director
R. Bradley Chewning, P.E.
Valley Regional Director
I received your letter inquiring about the procedures required for obtaining a permit to
construct a discharging system on the property of Gore U.S. Post Office which would discharge
through the same pipe as the existing Post Office system. Mr. Bryant must complete a Virginia
DEQ Registration Statement for the General Permit for Domestic Sewage Discharges of Less
Than or Equal to 1,000 Gallons Per Day. Complete the Registration Statement considering both
the existing system and the proposed system. Pay particular attention to question #8. This
question must be answered because of the proposed portion of the discharge.
Once the general permit has been issued, Mr. Bryant must obtain authorization from the
Virginia Department of Health (VDII) for the construction and operation of the sewage treatment
facilities. To obtain this authorization, please submit a copy of the plans and specifications for
the treatment facilities to this office and to VDH. For this facility, the appropriate VDII office is
Division of Wastewater Engineering, Rockbridge Square Shopping Center, 131 Walker Street,
Lexington, Virginia 24450 (phone: 540-463-1642). After review of the plans and specifications,
a Certificate to Construct will be issued. When construction is complete, VDH personnel will
conduct an inspection of the treatment facilities. If construction has been completed according to
the plans and specifications, and there are no other deficiencies, VDH personnel will recommend
issuance of a Certificate to Operate.
AN Agency of the Natural Resources Secretarial
0
John C. Lewis
• Page 2
If you have any questions dealing with this process or with completing the Registration
Statement, please give me a call at (540) 574-7892.
cc: Pile — Gore US Post Office
•
Sincerely, d 2'� /l
Brandon D. Kiracofe
Environmental Engineer
•
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JOB #980505005
VIRGINIA DATE: 03JAN02
a
0
IMPACT ANALYSIS WTEMENT
PARCEL ID 28 ((A))
40
•
•
•
T A X R E C E I P T -
FREDERICK COUNTY
C. WILLIAM ORNDOFF, JR
P.O. BOX 225
WINCHESTER VA 22604
2001 REAL ESTATE TAXES
9.47 ACRES
EXHIBIT 8 - CURRENT TAX STATEMENT
Y E A R 2 0 0 1
Ticket #:00036330001
Date
6/06/2001
Register:
ESR/CJ
Trans. #:
04452
Dept #
RE200101
ACCT#
29959
Previous
28 A 63C Balance $
Acres: 9.47
Principal Being Paid $
Land: 45200 Imp: 37400 Penalty S
Interest S
BRYANT, SHERWOOD F Amount Paid S
*Balance Due
PO BOA. 191 as of 6/06/2001$
GORE, VA
22637 0191
Pd by BACK CREEK FARM
ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST.
T A K R E C E I P T - Y E A R
�fi���-#SICK ; Olf�Tu
C. WILLIAM ORNDOFF, AN
P-0• SOX 229
VZNCNEXTER 3'rf c�C�'tiu"y
P001 REAL ESTATE TAXES
�' • A' P A CRCS Fts A
kcra�
251.93
251.93
.00
.00
251.93
.00
(DUPLICATE)
2 0 0 1 Ticket #:000363H0002 1
Late 1 2/13/211U2
Ps 0 .Titer : idommo
Trans. #: 02231
Dept # RE200102
AVC T# 65959
Previous
63C ffaiancQ * 69.65
' •. 47
Princi,oal BeinP .Paid � 6` LC
Land: 45200 Imp' 37400 Penalty 0 6,97
Interest * 1.92
�k?Y4l�7 .FuE,R4lnS�w F Afiraunt Paid # 76 - Sq
*6alanc-Q. Due
PO BOX 191 as of 2/13/2002$ .00
Gd RE, VA
a_?637 n'L91 C1n 'ti 78.3'i * 'Lb 291b
Pd by BRYANT, SHERWOOD F
XNY e'A't-ANtL "DUE -DVES '07. INCLUDE TFE'NALTY AND INTEREST.
page 15
(DUPLICATE)
•
•I
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Madam
7/21/gT
NNW e/ N 4e
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��ii�R1�RR*AR#*###i********11�i .
S IM ON maIrACRE, LT AL
TO tt tt DEED
SHERW00h F. DRYANT, ET UX * AARRARRiRRAAAR*R*RRA***RKBSSPGI y
Z7
THIS DKRD, made this 3:1:!1day of Alq" , 1987, by
and between SRARON WNITACIi. simelel KYNNITN LEE WHITACRE. JR.
and PINNY S. YMITACR%o his wifel CHARLES WE8LEY WHITACRE,
41m2101 MORAN K. W, being one aad thu same person as
Deborah K. Whitacre, and RICHARD L. L W, her husband,
horgiaafter called the Cremtoral and SHERWOOD F. BRYANT and
MOMISU BRYANT. his wife, hereinafter called the Grantees.
WITNLSSIM That for and to foaaidoratioa of the sum
of Tom Dollars ($10.00) sad other valuable consideration paid to
tke Creators ►y tho,Crantses on or before the delivery of this
dead, the receipt of which is hereby acknowledged, the Grantors
do horeby grant, 8011 and comvoy,•with general warranty and with
Isgllsh covenants of title eato the Gramtoss, is fee simple, the
following real-estate, together with all improvements and appur-
tenances thereto belonging bet subject to all easements and
legally enforceable restrictions and reservations of record af-
fectiss such realtyt
All of that certain lot or parcel of land,
together with all appurtenances and improvements
thereon, lying and being situate in back Creek
Magisterial District, Frederick County, Virginia,
near Gore, Virginia, being described as Lots A, B
and C, containing 131.816 acres in thpt certain
plat and rorvsy by Larry Nimelright, Lind Surveyor,
dated August 1, 1987, a copy of which is attached
hereto and incorporated, heroin. The Grantors herein
are devisees ugdor the Last Will and Testament of
Alma E. Lucas, who died 'June 16, 1983, seised and
Possessed of the property herein convsled, which
will is records d 'in' Will Book 83, Pase 4A3, smong
the records of Frederick County, Virginia. Alma E.
Lucas acquired a one-half 'undividad
Interest in the property by the Last Will
I
��$""a.
6 Mtsvew
MMO..K.R "row"
SK655rar28
mad Testament of her hus►an1 Leslie 0.
Lucas► which Mill to recorde1 is Will look
S5► faja A14. among the land records of
Frederick County► Virginia. This to in part
the area property whick wile conveyed to
Leslie C. Lucas 1sTad 1Also E. Lucas ►I deed
fetal w� — 15 in
recorded in
Deal boo , age r the aforesaid
Clerk's Office.
WITUSS the fell owing signatures sad seal•{
(8tAL)
eala (SRAL)
KENNETH 1. WHITACRE, JR.''
�j.„(SEAL): ,
WHITCHARLES-
• tsRALri,� t•.
D
,.
STAi'L Of VIRGINIA �. • .� .:
CITY/Sev* v of a„�'• ► •to —wit{
Thu foregoing itnstr.rmeati was acknowledged ►afoii•aa,•�
this .day of ► 1967► ►y Sharon Whltatrei .
My commission expires
'JOUJ44. r.&
tsry , ublicl
STATZ'OF VIR01MIA
CITY/GO M'fY of ► to -wit{
The foregoing instrument via acknowledged before as
this �1'lday of . 1987► by ionuoth L.
Whitacre, Jr. and Penal E..Whitacre► his wife.
My commission expires
2
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IK655Ps129
1A
.n.113 14 v M,
STATI Of VIRCHIA
CITY/OOYMIi rt to -wits
The forsgsing instrraeat was acknowledged before as
Chia dal et 1947, by Charles Wesley
Ykitaare.
NY asaaississ expires Y,
tacy 'r icy"`--
=TATA Of ILLINOIS '~v
CITT/COUKTT of to -Vito
The tsregoing instrestest was acknowledged before se
this .2L day of ,ILL& 1987. by Deborah K.
[elk ant Riehord••b. Rolk, bar husband.
NY asswission expires 1, A- ISO„j�1,gpj�_�
tart' Public77-4
3I
iSLARRY L. HIMELRIGH 1 MOFMANAL1wMXURYdYOR
~ !wM 7, Box 44{
IK 6 5 5 ro ISO 1k
rwMP'v""n10
'24
6
1
MWO M1IH111
AutuSt 1, ly�T
LOT "A"
"LAIMMIM ♦t as existing Ina pia on South side of trouts 50
and soraor to Stopleel thence with Aeute,50 J •Ye 10, 36" d 3o4.26
toot to an existing iron pia eoraer to V f I Vroporties, Ina.;
%Moos with V f • Properties, Ina. S 44e 49' 50" S 437.94 feet is
a& existing iron pin ou worth side St M. and M. Railroadl tnonce
with M. wad S. llatlread i Tse 02, 29" # 969.50 toot to an existing
ire& pin on east side of Routo 7501 thsaco with Route 750
M 69" 0T' 42% M 314.31 feet to as iron pia Set corner to Johnson)
tboaao witk Jehasoa and Sale X 240 301 02" w 316.1b Lost to as
existing tron.pin corner to Jtaplesl thsnoS 4itk JtapleS
S Oie 214 42" S 343.1111 foot to an existing iron pint thence
l 15e P61 29" 123R.j6 feet to the beginning containing 9.474 '
&oris."
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i
LARRY C. HIMELRIGHT M017MNYALUNDSURVEYOR
• Rouu 3, Box 440
Wrbw�,Ykanl� 22467 4
thaw 44&8741
•
August l$ 1947
Wr "A"
"&d01dNloo at as existing iron pin on oast side of Acute 750
awl south *ids or v. sal 1. hsilroaal thence with d. and V. Railroad
0 7l0 O=' 19" 4 d57.5d foot to an existing iron yin corn"r to
aMereoat tkeaee with Anderson d 440 49' 50" Y 12d.99 feet to a
poiatt tkenoo d 40 05' A" d 489.73 feet to an iron yin set cormlr
to Orndorttt thence with Oradortt 4 24c 451 05" 1 103.13 test to
as ire& pin get is **star of Route 750; thence w!:h *enter or
ttwts 750 4 W 41' 55" g 234.56 feet to a yointl thence with a
ewwe to the right having a radius of 222.d3 feet and s arc length
of 171.07 toe% to a poiatl theaoe M 400 420 06" ► 20.00 fuut to m
yeirt " north right of way line of stouts 7501 thence with right of
mW lino A 490 17' 51" • 76.00 foot to a point{ thence with a
wrwe to uw left having a radius if $94.27 toot tad a are length
et 145.75 toot to a peintt thonoo 1 70 15' 57" 1 241.19 fast
to a paiatj thosee X 69e 00' 46+' 440:39 feot.to the t+egianing
ooatalaiag 6.620 M-06."
•
_AIL-i
LARRY C. HIMELRIGHT MgF9dfONA1UNDJUAYlYOIt
Mom 3, M" 446
IK 6 5 POT a t w'w""v""�+'224"
M*r* 44$8741
August is 1947
LOB' "0"
"AWIMMIMO at as iron pin lot on east side of llouto 626 and
south aid* of Route 7501 themes with ports 750 d 690 000 40" r
75.54 fret to an irsa pin as% oeraer to Lot 11 thence with Lot 1
y 130 251 59" N 135.00 test to an iron pin estl thence with Lot 1
mA Lot 2 S 69* 000 46" tt 140.00 test to as tram pia sett thence
X 23* 1$* S9" A 135.00 feet to as iron pin set on south side of
Route 7501 th000s with Route 750 Y 690 001 46" Y 332.39 toot to A'
poiatl themo* tl 70* 151 S7" R 241.63 fast to a point{ theno* with
a curve to the riot having a radius of 350.27 fast and a arc
length of 131.11 Cost to a poiatl tMmoo g 490 170 52" a 76.01'
Cost to a point{ thence R 40e 42' 00" = 20.00 fast,to a point in
oontor of Route 7501 thence with center of Route 750 and a curve
to the left having a radius of 222.03 feet and a arc length of
171.07 toot to a point{ thence 9 66* 421 55" R 271.10 lost to a
poiatl thsace with a sum to the loft,kaving a radius of'370.02
tost'aad a arc length of 11t1.97 Get to a poiatl thence
R 6b0 200 01" R 49.57 feet to all iron pin set la lido of Andorsoul..
thence with Andersen J 460 05' 51" k 137.15 tuft to a 36" red oiki.
tawaQe with ki aly d 56c' 521 4all d 150.47 i'vot to a 56" white pine{
th*aoi 3 50 ;71 S7" 1 1247.17 toot to a planted stomi thence
3 520 401 W d 113.35 feet to an iron pin ast{ thence 3 310 40' 59"•M
260.74 foot to a planted stonel thouce d b40 191 01" t: uu4.40 feet
20 an iron pia setl thence 3 22055' 59" W 2532.75 feet to an.irun
pin sot in line.of Appalachain Trail Club Ino.1
L A R R Y C. H I M E L R I G H T MOftSSIONAL LAND SUR IBYOR
Mouto 3, Box 444
• iunbur*, VN/INo 22167
rK655raT99 ,fi„wµ♦e,�,
then** with Ayyalachoin TrMil 01uU Inc. W 3yu 46' 14" d 431.99
toot exiutinly iron yin cornur to karkel thenow with Karkn
u 30' W tV d 0749 foot to a poet) thence A 00 311 Yy" d
04 M feet to a 10" oak iu iine of .ughl thence with Pugh,
liitohollo ulirer, Mail aa6 hatler M 230 �51 59" 9 2742.66 foot
to as irM Pia got *a *cot lid* of 1*uto 6261 thence with toitte
6t6 WW a sung to the left bavlax a radiue'Of 242.85 feet and
a are loaeth of 37.14 feet to a toiatj th*aoe M 300 lye 16" Y
107M feet to taro 1*eiNUAS eoataiaing ll3.722 &or*@."
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1T c2 /' o DElt.TfS tx�STix 6 Sto,r A</
- ;� .N'�{ i(,JO • Otx•TLS 2�•y rl.v SET
svxySY of TMi ALMA s. LNCAS ESTAT[ j JAoPEICTr
R[CojtDED IN M, .'9. d3 pj• 545.
BACK CREEK MAGISTERIAL 0.157AIC.7
FREDERiC1K COUNTY, VIR&INIA
" PREPwRzo ar -
�t.ARltlf C. N/MLLIl16NT P.C_
PRoFESs/bNAL. LAND ,tuayeyeR
RTE 3 b*X +.f4 srarts4vx6-,VA.
PNo/va 445-8767
gL E[� O L7X N. OR F. •sAmmy OR wmi.rACRQ • '
SS-e32 48 W i S Z2•SS•59 Z532..75 t
1So.47 OO 1`
PNrJ SC&L•
pis'„ ; LOT C
AREAL /13.72 Ac._
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r r ? w 11 y A"vr4fo f� - v 4 0 to
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C+7 Is
~ L/K1 / q A
ti.cc try�C j A♦ !+ ( ti .RI OOtr►rLs 1hc,fT/rs /I,V tr:
� L +w 2 • � ��3tirr,'.'+� �� � .V •�! �DE.voltf /i,v sLT =1 ?��_ � � a
LsT 2 gr
less
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G /�i2� 2S•f1�L � -�
4+-eta Af- 0t P. /Y. wR 1t M/TtXtLL•' PUN" _ A._
�:,fllG•' 'OLIVL.0 xrx ass
-ON F. ALAtntY•
R-242-si �7.,t ♦ R-�i0.2'! L•tiI•N SUCVty 0,4 -rMO- ALMR �. Cerc.lS ESYRTd
: " ao• f1' W t /07." io S 41• 17'W 9 74.1 f IPQOPGET)�- aQECOEGB D IAI W. B. 0 S P•a. i S
3 S L�eo'4i�S 7"4 of N 40.4t'ove &*.so
4 S 230&S'S1"w 13S.00 /L R• suss 4 1171.07 Q, ck ctEzle AJACiST4ClAL 0JSTrPJCT
f S 6?e 00-4 0-S /40." tS M I60+2'SS-S 877.10
Z3•u's� E tasao /f A- a7o.IL' A.- 108.t7 49ACEDE12 Icy. COUNTY, VI&*4Fl4 l q
7 S Wr 00'44- E 331-31 fL N W ao 6I' 4 49.f7 SK2 tT i of z
s e 700,.e' ✓rA so -ON L1 /i i 46o0s'�I"L tS7.I! _-
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0
0604a
BIJERWOOD F. BRYANT, LIT UX
'PO it It tt TRUST
T. A. SCHULTZ, JR. ET AL TRS.
iK855PG138
g 1D 01 TRtl{T
THIS DNtO OF Tam, eerie this rrrn
.__ day
ere ns tNr a e raHt "tq s &a %no scat* or V roin k—
zrwnA
o iur , Virglala, aM UL gl
Virgin s, tastsea, * t er or t o r ou n. act, tar to rustas-, anDOMINION SARK or SMCMA"OM VALL;Y,
NATIONAL ASSOCIATION, a national banking association, 186 N. Loudoun
d root KaIlt winc optor al, Virg nt—lp'nM
, Nllte[
naT cilit7 i
WiT119Sig111, tkat for and to consldetselon of the sun of one Dollar
(f1.00) taah la heM Po"I the receipt of which 18 hereby acknowledged, am
la 0"Olderetlos of th*•loan hereafter described the Grantor dws hereby
grant and Convey with O*n*ral Worrsaty •and gaglieh COvenants of Title to
sold Truat*e the following property$
All Of that e*rteia lot or parcel of land,
together With all oppurtanescea gad lrprovereats
thereon, lyixg sad being siteate is sack Creek Mapis-
teria,l Dlatrict. Frederick Cornty, Virginia, sear Coro,
Virjiala, beia dsocribed *a .Lots A, 11 and C, contsixisg
131.816 acres s•that certain plat and sarvey•by Larry
Himelright, Lind Surveyor, dated Asgus.t 1, 1987t and
being the some property Coaveys.d to the Cruntore.hersta
by deed istended to be rec0rdad ims,sdiately prior
4ar*to.
TOGET FA with all heredltamonta and •aPpurtenrnces hereunto belonging
smd ell hats, issues and profits thereof and all improvements thereon and
All flxtrrsa sad aegasoriae now or hereafter annexed and attached
thereto. k
IN TRUST, to a*cwto unto kheeficlary the payment of the
indebtedness evidenced by C note, payable to the •rdar of
1*naflclary dat*d•), In the principal sus of
ONE. HUNDRED YI! r-OfUNL' '11IOUSA [Do lars (p151.400.04 )wit ln�i" tenet
rad•lastalle,*at Payments ae provided .therein, with t— h� balanct of the
Indebtedness it not sooner paid, due and payable on t 7 ISM
and IN TRUST to secure unto t a One iry t e
Kt orssnq o eae r as ev*ry e aeovenfn( and agreement herein or in said octal
watalned.
WNtRtVLR used herein'ths masculine goodur shall include the feminine
nd muter and the neuter gander •halt include the masculine and feminine
red ties singular form. shall. include the plural and AkI the.covenants'and
gr*ee*nts of Grantor shall extend to s•nd bind his :hairs: devisses,
uccessors,aad seslgns.
•
s
•
CWT0R covenant: An11I�6�'i&I13tAy and severally, with the Trustee
and the loneficlary as Iollowel
1. That nuthing herr.ln contained shall he eonstru0d to obligate the
ss"Otto lary to make W tnj eA advnncse to the Orantor slid that thte We
purpose of this dead of trust to to provide collateral security for
Presently enlstlng indebtedness and for loans and odvanees whiO in the
&►solute discretion of the IeneflelAry may hereafter be made to the
Grantor{
29 That he warrants gsiwrnlly the pruporty hereby conveyed{ that he
in seised thereof in tea simple and has a right to convey same; that he
will execute such further assurances thereof no may be requisite;
It That should the title to the herein described property be
acquired by any persen, parsons, partnership or corporation, other than the
Grantor, by voluntary or involuntary great or assignment, or in any other
manner withost the rsnsticfary's written consent, or should the acme be
enwsAered by the Grantor, his heirs, personal representatl.vse and &•signs,
without tke Beneficiary's written eonseat; t4en all said lnd:btedness shall
mt the aptioa of the Beneficiary Immdiately become due and owing as herein
MrovidNg
4. That he will pay or cause to be paid when due said principal sum
of all lrlthtednese hereby secured and any renewals or ext&naioas thereof,
toRetker with all lntmrest thereon, and all other euem payable by hie in
accordance with the terms of this dead of trust and the notes secured
hereby or say tenswals oe exteasions And that he hereby expressly waives
the benefit of all exemptions, homsRteA4 or otherwise, under thie lain of
this or Any ether state and AM" to pay they taiebtedness without any
set-off whatsoever;
f. That he will pay when due all taxes, lions, judgment• or
kssessmants heretofore or hereafter levied, assessed or constituting liens
upon the property hereby conveyed; and in the event Grantor tail• to pay
the sane when duo or tails to salntain insurance as herein provided, the
Beastictary say. make such payment or provide such insurance and amounts
paid therefor} shall become a part of the indebtedness secured hereby and
bear interest at the eaewl.rAte cue the note secured heroin from the day of
PayMGatl
4. That he will keep all improvements now or hereafter located oa•
the promises hereby conveyed IQ good repair; that he will maintain and work
the promises hereby conveyed Ice A good and husbandliko mannerl that he will
commit no west* and that he will not cut or remove or Permit 'to be cut or
removed any wood or timber frog said premisa except for domestic use
without the written consont'ot the None flclary And said Mneficiary shall
have the right by injunctloa or otherwise to prevent tho'cutting or removal
Of ANY wood or timber frog sold premises Irrespective of whether or not the
balamos of the security is ample to protect the lensficiaryl
SVCA-02(1/44) -2r
!. That he will prwtSKG$fi',GtZ3§C 1,30gfiaigry through its
Rutherigsd agents to enter upon the promises hereby evnvoyed at any
reaaoaablS tins toe the purpose of irnpscttng the order, conditior, and
repair of the buildings, ImPrownscto and other collateral located on the
promises and heroin socund;
B. That he will lnsun and keep insured ►uildings and other
laprawmsate now on or which may hereafter be placed on said ►rests"
rTainst lose or demote by fin, lightning, windstorm or tornado in
aospantos and amounts satisfactory to the BolAtietdry, any policy
Bvldoncins such Insurance to be deposited with and lose thoroundar.to be
>ayable to the Beneficiary as Its Interest may appear. In the event of
Lose Granter will givo tmnrdiets notice by mall to the Beneficiary, who my
asks proof at loea if not made promptly by Grantor, and each i.neurance
company concerned is hereby authorized and directed to make payment for
such loss to the order of the beneficiary only, instead of to the Granter
and the Beneficiary jointly, and the lnourance proceado, or any part
thereof, my be applied by the Beneficiary at its option to the reduction
Of the Priscipal balance of the debt secured hereby without retard to
amortization plan or the payment of Interest and property exponaos, or to
'he restoration or repair of the damagod property. to the event of
foreclosure of this dead of trust or the transfer of title to the mortgaged
property to extinguishment of the indebtedness secured hereby, all right,
title and Interest of the Grantor to and to any insurance policies than in
fora shall POOR to the purchaser or gunsrenteai
!. That if -at Say time hereof ter the Sinai Wary or Trustee shall
far ear rsaaon *ploy agents or attorneys in connection with .this trust,.
the Creator hereby agrees to pay the keasona►ls costs thereof, and any•
amowato Paid by the Bensficiary.or the Trustee for that purpose shall
beooas a part of the debt hereby secured and shall be payable on demand;
10. That he wtll'u" the pr"odo of the loaa(s) hereby secured for
the purposes set forth In his applicatton(e) for gold loon(s)l
U- Mt 40twithatandiag'sny of the provistons-of this dead of trust
for psymrnt of insuraaa prealums, taxes, and assessments, the Beneficiary
my at its option require the game to be paid to the Beneficiary in..
lastallmenta. That upon exercise of said option by written notice frws the
tonefictary, by ordinary mail, and in addition to installfent payments on
the debt ken'by secured, the Grantor shall pay to the Behafielary until
laid debt is fully paid, Instal1"ate of the taxes and special ossviiments
tart" or to bO.lsviod against thi promiees covered by this dead of trust,
mad tsstallmntO of the premium or premiums that will become dw and
payable to renew such insurance on the ptemises covered hereby against Igoe
3y fin' or other haxards, casualties and contingencies as may,bo reasonably
rsquireA'by the' lent iciary in amounts, for periods, and in a company
oc
�spahtsg satisfactory to the Beneficiary. These installments shall be
equal to the estimated premium or pnoluma for such Inauranco and taxes.and
_3..
MCA-02(1/86)
0
s
F- I
eK655PG739
assesemalrts Mx; due (as sattmati';; by the 1e1wf lcia•y) late all
Installments already paid thc,0 ot%i, divided by the number of Installsent
Payments (whalher annual, seat -annual, qusrterly or monthly) that are to
bees"• due on the debt hereby secured before one month prior to the date
when such preolu m nr premiumm and taxes and asseemoonte, will beco*e
Jolinrwent. The lonslielary shall hold such Installments In trust to pay
the prem/um or ►reRlur and taxem and assessment@ before the some become
deliwluentl
It. That he hereby sasigne to the lenetictary as additional
collateral all royalties or other monies due or to become due from any
surface or subsurface right or for any right or privilege other then for
Air, cultural purposes in any way affecting or pertaining to the property
hereby wav@yed and all wonloo which Ray beeooe due in any condsmnatton
ptoc*dlnjs affecting the said premises, and all agar received ery be
applied at the option of the Beneficiary to the discharge of any part or
All of the Indebtedness hereby secured, whether or ryot the same be due and payable or, at the option of tha Benwflciary, such sums Ray be returned to
the Urantor, aced the Creator will not grant any surface or subsurface
rights without the written consent of the Boneftcla ryl
II. That he will not, except with the written concurrence of the
lk "flciary, lea@@ or transfer to the owaar or operator of any other lands
ANY Part of any atobcoo
fter
exlstlpg or heWaftt and/or p@snut acreage allotment or allotments now
er to and/or on any of the property herein described
acW that be will not do or perform any act which Right Impair or tend to
iapsie the contlnw nce of such allotments on the said property, except that
this cewsn•nt •hall ip po way interfere with the Grantor's voting of
allotment controls wader the existing system of referendums{
14. $aid Grantor hereby grant, to the Beneficiary the right and power
to appoint a substitute truate@p or trustees, for any cause, including but
mot limited to declipstioa to accept the trust, resignation, death.
Incapacity, disability, refusal to Act. removal or absence from the state
>f the Trustee herein designated', or of any substitute trustee hereunder,
gad it is agreed that, upon the exercise of this power of the Ianeficlary.
:ha substituts trustee. or trustee., •hall be vested with all the powers. rights, authorities, and duties vested in the Trustee herstn designated and
At Naeficlary shall de@Ignate and appoint the substitute trusteep or
rustete, by an instrument duly sxecutad and aehnowledged.and filed for
veordatioc ta•the office of the clout of this court wherein this dead of
root is recorded{
15. That without affecting the liability of the Grantor or any other
eroop (exempt spy person expressly released In writing) for nor any of say
mdobtWooss reared hereby or for performance of any obligation payment
entconof
ere'% sad without sffectiag the rights of the Beneficiary with respect, to
ICA-420 /Bi)
•
t
t
eK655rctkd
r%Y security net expressly reloaded is writing, and without affecting the
priority of the lion at this dead of tryst, gonaticiary may, at any time
Ind from time to time, either before or after the maturity of said
lndo►tedndes, end without cotice to or the consent of any party hereto or
my other partyi (a) release ony person liable for payment of all or any,
part at the iade►tallness or for the performance of isny obligation{ (b) make
key agreement extending the time or otherwise altering the tens of payment
�r subordinating, modifytnR or otherwise dealing with the lion or charge
,ioreof{ (c) exercise or retrain from exercising or waive any right
Wofictary may haval (d) accept additional security of any kind{ (a)
rslonse or otherwise deal with any property, teal or perKonal, socurimA the
lndohtodnesa, including all or sny part of the property conveyed hereby
otthout affecting the lion priority of this dead of trust on the remainder
DI the property, for the full amount of any Indebtedness unpotdi
16. That, wpon default In the payment of the whole debt hereby
severed or any part thereof as the some shall become dua and payable, or ie
the ownt of a ► Hach of any of the tared, covenants end eondttions of this
dead of trust or the motels) hereby secured, or to the event the Grantor
should its or file any petition under the lankruptcy.Act or make an
assignment'tor the benefit of creditors or become insolvent, or file a
petition for ax arreagoment with creditors, the entire debt secured by this
deed of truat shall, at the option of ths.1onufictary, beeoiw imadiatoly
due and psyablel
11. That, wpm defwlt, to addition to any other remedies provided by
low, the Trustee shall have.the right, without notice, to take possession
of the property and to operate and sewage or Idiom the some and the Trustee
may asks any twaonabla and proper advon(*a for*the operation, maintenance
and management of. the promisee and any mole so advanced tholl become part
of the debt hereby suourod payable imeedlately.with interest from the date
of said payments)
14. That, upon default, the,Trusteo shall, upon the request of the
beaoticiary, sell the property hereby conveyed, either as a whole or 'in
parole, at pwblic.auctloa at the front door of the courthuuas of the
county who nia the property is located, or at such other place me. the
Trustdo may elect, for each, or upon such other tans agreeable to the
beneficiary ae the Trustoo may duem beneficial in tho-oKecutton of this
trust, after tint advertising the day sod'hour, place sill terms of such '
sale and a descriptioa of, the property to be sold by pulilicat*lon in does
newspaper of general circulation to th► county whore the property to
located, once a week for four succoedive wouka procedlgg the day of dale,
and the Trustee may advert.ieo in such other manner as will, to his opinion,
be best calcwln ed to attract bidders, and such sale may be adjourned from
time to ttme by oral proclamation at the time aW -place appointed for the
sole, and it neoossary in onking-such weld, the Trustee may suture a survey
of uaid property and the cost thereof shall become a part of executing this
i
-!-
IWA-02M46): ;
•
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ot
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trust; and immediately upon the !irvt insertion of the advertisement In
some newspaper, as sfo nesid, there shell be and become due by said Grantor
the Beneficiary all expenses Incident to said adver,ieing and any other
fees an4 costs incurred by reason of the dofault hereunder, including
trustees commission of 2-1/2% of the unpaid principal in tine evnnt
advartis@awent Is roads And payment is xuds by Grantor prior to foreclosure
sale, which said expense, (site and costs sold Grantor hervby covenants eo
Pay as a part of the Indebtedness hereby secured and neither Beneficiary
nor the Trustee hereunder shall be required to receive the principal and
interest only of the indebtednass hereby secured unless accompanied by a
tender of said expenses, fees, and costs, but acid eel* may be proceaded
with unless prior to the day oppoint*d therefore legal tender be made of
said principal, Interest, feu expenses and coati that the Trustee shall
Pay, out of the pro weds of valet FIRST, all coats of executing this
trust, Including a commission to the Trust@* of SX of the grns@ amount of
proceeds of sale and all attorn*y's fees, other okp*noes incurred in
execution of this trust, and all attorney'@ fees and costs in substituting
a ttvvt*el SECOND, the debt herby sscuredi and the residue, if any, shall
be paid to the Grantor, his petroonsl representatives or assigns; and the
Trustee shall nettle the accounts in accordance with the statutes in such
cases roads and providadl
19. That the Beneficiary, at its option, may require the Trustee to
Rive a bond satisfactory to the Beneficiary, conditioned upon the faithful
performance of the duties hereunder, and any preeium paid on such bond
shall booms a part of the cost of executing this trust.
MOTICS - THS DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL OR THg
TERMS THSRgOF STING MODIFIED IN THS RVg11T OF BAIA na CONYEYANCis OF THE
FRIDFSgTY SCCWUD NSRaBY.
MITMLSS the follow1% s curs• and a ls.
�(SEAL)
`BIKE th'00p Jr. ORYAN '
(SEAL)
WRR S Y liRYAN
• (SEAL)
(SEAL)
STATI Of VIRGINIA
CITY/CWM Of _ NINCHR$TgR , to -wits
SVCA-02(1/66)
Bn6S5�cT42
X, �- --�Li —O c4 w Note t•id►ltc
In and for4tt u r c t • a t• a!, o c a t r t a t
lthorrwody. CISl LRoii nar•(a an
i nv�'ta tWe �onYo�ns d••i ut trust, E••rlry� •tf the
day of r August-—. 19U__, has/hava th•ol• dar • nl •3R.d -the
a waA 64f iv
me.
Ciw*n under my hand this _:24�L) der of ,^ Auoy� _ d
Hy taro of office •Mpitv•t ~%�'ll��yy�.�_ %q s0
oury u lc
ts►IIRt R� C�7Urfrr, 701` of a—®"iw�ReA ,, /r��JJ
prvl.t•'f M KM on M
of w **two M+wM
. ncw4.
UCA-0:c1/e6>
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAY: 540/ 665-6395
MEMORAND UN1
TO: Finance Department
F ROM: Karen A. Cain, Office Assistant 11
-IJBJECT: Return Of Sign Deposit
DATE: February 27, 2003
The amount of $50.00 was deposited in line item 113-010-0191 10-0008 for the business named below
as a deposit for a sign for Rezoning; Application 02-02 for Sherwood Bryant. They have now
reLurnecl the sign anti are therefore entitled to the return of their deposit. You may pay this through
the regular bill cycle.
'lease send a check in the amount of $50.00 to:
Back Crock Farm
P.O. Box 191
Gore, VA 22637
RSA/kac
I �Karcmkaren; swlfC'onunon\SIGNR"I'RK LST�SIGNDVRCOM
107 North ]Kent Street o 'Winchester, Virginia 22601-5000
PAINTER-LEWIS, P.L.
CONSULTING ENGINEERS tel.: (540)662-5792
302 South Braddock Street, Suite 200 fax.: (540)662-5793
Winchester, VA 22601 email: paintlew@earthlink.net
21 AUGUST 2002
Ms. Abbe Kennedy
County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Re: BRYANT PROPERTY REZONING
GORE, VIRGINIA
Dear Abbe:
Along with this letter you will find two copies of the Proffer Statement with a revision
addressing the comments from certain members of the n regarding the
use of the property for gasoline stations. Please refer to Proffer #1.
If you have any questions, please call me.
E., C.L.A.
Cc: S. Bryant
File: 0111005
AUG 2 2 2001
IJETT, OFPLANNING/DEVELOPMFNI'
e ' �
VC
) p.(
PAINTER-LEWIS, P.L.C.
Sherwood Bryant • 16
Subject: Sherwood Bryant
Date: Fri, 23 Aug 2002 1 1:15:25 -0400
From: "Abbe S. Kennedy"<alcctuiedy@co.fredericic.va.us>
Organization: County of Frederick
To: John Lewis <painticw@carthlink.nct>
I-11 John,
'Hope you had a nice vacation!!
I am in receipt of your revised proffer statement for Sherwood Bryant. The next scheduled meeting for
the Board of Supervisors will be September 25, as they are not meeting on September I I this year.
Also, for the record, the attached memo to me dated August 21,002 stated "...revised proffer statement
with a revision addressing the comments from certain members of the Planning Commission regarding
the use of the property for gasoline stations...."
Did you mean certain members of the Board of Supervisors, this time?
Thanks.
Abbe Kennedy
Abbe Kennedy 4zkenned ( eo.frcdcrielc.va.us>
Senior Planner
County of Frederick
Department of Planning & Development
I of 1 9/11/2002 10:13 AEI
PAINTER-LEWIS, P.L.C. J
CONSULTING ENGINEERS tel.: (540)662-5792 `7 2
302 South Braddock Street, Suite 200 fax.: (540)662-5793
Winchester, VA 22601 email: paintlew@earthlink.net
11 JULY 2002
Ms. Abbe Kennedy
County of Frederick
Department of Planning and Development
107 North Kent Street
Winchester, VA 22601
Re: BRYANT PROPERTY REZONING
GORE, VIRGINIA
Dear Abbe:
Along with this letter you will find two copies or the Impact Analysis Statement with revisions
addressing the comments from certain members of the Planning Commission regarding the
use on the property for auto sales. Please refer to Proffer #5. 1 would like to make the
Planning Commission in general, aware of this revision to the Proffer Statement. Is that
something that you will do as a matter of course? Please advise.
If you have any questions, please call me.
Sijrn�ceel
Jo. Lewis, P.E., C.L.A.
Cc: S. Bryant
File: 0111005
JUL � 2001
PAINTER-LEWIS, P.L.C.
0
•
PAINTER-LEWIS, P.L.C.
paintlew@mnsinc.com
FAX Transmission
From: John Lewis
Date: 06/18/2002
To: Eric Lawrence
Time: 8:40:21 AM
Company: Frederick County Planning
FAX #: 665-6395
Number of pages including this one: 4
Eric:
I have revised the Proffer Statement to address
concerns of the planning
commission. Please schedule this for the next PC meeting.
Thanks
VOICE:540-662-5792 FAX:540-662-5793
302 South Braddock Street, Suite 200, Winchester, VA
22601
06/18/02 09: 03 UAX 15406625793 PAINTER H.'Wis
)k("j,IVH,y Rl"POR , I
TRANSMISSION OK
TX/RX NO.
9991
CONNECTION THI,
6656395
CONNECTION 11)
START
06/ 18 09: 01
USAGE TIMI",
01 '34
PAGES
4
RESULT
OK
IfIll
06,r17/2002 14:19 5406656395
FRED CO PLANNING DEP
•
PAGE 01/01
RED 402-02, Shenvood Bryant
Page 5
June 14, 2002
vehicular impacts. future development of the site should consipr thernrvd0 ...i�� �tl�,.*„�SrdeRii�; and
agricultural usos in the vicinity of the subject site. The appIi cant could arlriress tb.e concerns of staff by
addressing the following issues;
• Increased building and parking lot setbacks,
• Landscape buffer and screening techniques.
• Limiting site access via Route 50 West.
• Establish height limits for structures erected on the site.
• Establish maximum sign heights and square footage that would be ,appropriate for Me Rtmral
Community Center.
• Limiting outdoor lighting; redirecting glare from adioining properties,
,And the identification of uses permitted on the site, not those prohibited.
The applicant should be prepared to address the comments made by staff during the review of this
application by the Planning Commission and the Board of Supervisors.
P'LANNxN COlYIT'17iSSI0I�' SXJMMARi' ACTICiN QF OC!f!5(02 !kiEI;IING.
The owner's representative expressed their desire ,for the proposed use to be in knping 101ith the *: arai chv.acter
of the corrununity. The owner's representative stated that because of the lack ofpublic -water and sower service
in the area, the types of businesses able to utilize the site -.voald be limited in size and intensity, It was pointed
out that the post offrec uses 150-gallons -per-day of their approved 1,000-gallon-per-day _NTDES Discharge
permit, therelbrc, they have the capacity to place a use that would generate no more than 850-galtons -per-day.
In adQydon, triey have frinitedthe total cumulative gross retail office floor area on the site to 40,000 square feet.,
whierx results'rn a floor area ration (FAR) of 0.12, thereby ensuring a low -density, low -impact development.
Cwmlissivr, members expressed their concert that the sign heights and square footage requirements for B2 may
!i excessrYe for uae nr a rtlrai communit} center arld suggested the applicant take #his ixtto consideration, VDOT
rcrr:esent2�*�r��es, ���er� we7z Xireserh at tl7e meeting, requested that access to Rt. 770 be prohibited, except for
ernet'�er.cy vnr,teles.
-01-Cre were 110 citizen eorrunents regarding the prqposed rezoning. Cn»tnvssiora »>r„,1,ers L�� �:��ed thV,11 some riz:w
service provisions, properly done, could benefit the Gore community; ho,,vever, tlhe3• exprc%�.,e their opposit.
to such uses as rnini-storage units or used car lots because those uses would not be visuallyapperol;.,,s for Lb
community or from Rt. 50. Cottmtissioncrs pointed out the benefits of rezoning a. "commercial core" area in tbj-:
community center, rather than spreading commercial uses throughout the community, It teas suggested that the
applicant may want to consider proffering out some additional uses that xvould be reprehensible. Although
mcr 00rs 01']Me Commission Nvere generally in favor of the proposal.. they believed the applicant's proffer
st2,`ce71ent needed some clarincation, the possibility of limiting sign height and size deeded to be re-examined, and
el, -applicant weded io m-examine the list of uses that would be prohibited. The), also wanted the applicant to
rtsi : cor►tatiting vzsldent5 rrf the community for their views. The F7atuting C0111ntiSsioll unanimously voted
to t_h1C, the x gVCst &1-50 oxYF to al&w the apphcanr enougfl trine to rc-exvnine the issues raised.
File: 0:\Agendns\COh4i\4..ENTS\REZONING\StaffReport120021Rcnee Sltenvood 13ryant.,,vFd
06/18/02 09:01 FAX 15406625793 PAINTER LEWIS IM01
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Ti h, fi ,:!r L'��. .1 1 T"'i rh�ftki
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FAX TrA'A'sm issiUn
_16D
From: John Lewis Date: 06/18/2002
To: Eric Lawrence Time: 8:40.21 AM
Company: Frederick County Planning FAX #- 665-6395
Number of pages including this one: 4
Eric:
I have revised the Proffer Statement to address concerns of the planning
commission. Please schedule this for the next PC meeting.
Thanks
VOICE: 540-662-5792 FAX: 540-662-5793
B r�_dd 6 VA" 2 �Kches. erj�j: -2
06/18/02 00:01 FAX 15406625793 PAINTER LE{YIS
•
PROFFER STATEMENT
A PROPOSED REZONING
for
PARCEL ID - 28 ((A)) 63C
Back Creek Magisterial District
Frederick County, Virginia
June 17, 2002
Prepared for: Mr. Sherwood Bryant
P. 0. Box 191
Gore, Virginia 22637
Prepared by_ PAINTER-LEWIS, P.L.C.
302 South Braddock Street- Suite 200
Winchester, VA 22601
Tel.: (540)662-5792
email: paintlew@earthlink.net
Job Number: 0111005
06/18/02 09:01 FAX 15406625793 PAINTER LEWIS
PROFFER STATEMENT 0
PARCEL ID 28 ((A)) 63C
INTRODUCTION
The subject parcel contains 7,8691 acres. Currently all 7.8691 acres are zoned RA. All
adjacent property is zoned RA with the exception of one lot (28-A-14), that is located to
the east, which contains a commercial banking facility, and is zoned B2. The owner
desires to rezone the entire parcel from RA, Rural Areas District, to a B2, Business
General District, zoning. The intended purpose for the rezoning would be to allow the
owner to develop the property to provide services to the Rural Community Center at
Gore.
The owner recognizes that the site is located within the Rural Community Center of
Gore, but outside the county Urban Development Area. The applicant recognizes that
the lack of available sewage treatment facilities will restrict the amount of commercial
development on the property. Acknowledging the importance of maintaining the rural
character of the area, the owner is willing to proffer restrictions on the types of
commercial activities and the total amount of retail and/or office building area which
can be developed under the proposed B2 zoning, The owner is also willing to limit the
height of future signs associated with commercial uses, The owner is also willing to
eliminate full access to the site from Route 750.
Pursuant to the applicable provisions of the Frederick County Zoning Ordinance, the
undersigned applicant proffers that in the event that the Board of Supervisors of
Frederick County shall approve Rezoning Application # for the rezoning of
7,8691 acres on Parcel 28-A-63C from RA to B2, development of this particular 7.8691
acres will be in conformity with the terms and conditions set forth in this document.
These terms and conditions may be subsequently amended or revised by the owner of
the property with permission from the Frederick County Board of Supervisors in
accordance with Frederick County codes. These proffers shall be binding on the owner
and their legal successors or assigns,
PROFFERS
For a period of time as long as the subject land maintains a B2 Zoning, the
following uses will be prohibited on the land:
1. Uses which are identified by the following Standard Industrial Codes:
a. 074-Veterinary offices with all activities and animals kept within the
fully enclosed primary structure;
b. 0752-Animal specialty services with all activities and animals kept
within the fully enclosed primary structure;
c. 58-Restaurants;
d. 701-Hotels and Motels;
e. 704-Organization hotels and lodging;
f. 7542-Car washes;
g. 7832-Motion picture theaters;
h. 79-Amusement and recreation services operated indoors;
MM
06/18/02 09:01 FAX 15406625793 PAINTER LEIVIS 004
PROFFER STATEMENT
PARCEL ID 28 ((A)) 63C
i, 7999-Golf driving ranges and miniature golf courses;
j. 8351-Child day-care facilities;
k. 5199-Advertising specialties -wholesale;
2 Drive-in theaters;
3. Commercial batting cages operated outdoors;
4. Adult care residences and assisted living care facilities;
5. Commercial sport and recreation clubs;
6. Adult retail uses.
2. For a period of time as long as the subject land maintains a B2 Zoning, the
maximum amount of gross retail and/or office building floor area, in any
combination, which can be constructed on the subject parcel is 40,000 square
feet. This limits the total Floor Area Ratio of the 7.8691 acres to 0.12.
3, For a period of time as long as the subject land maintains a 132 Zoning, the
maximum sign height shall be limited to 25 feet.
4. For a period of time as long as the subject land maintains a 132 Zoning, access
to the site from Route 750 shall be limited to emergency vehicles only.
Monetary Contribution to Frederick County Service Organizations
The owner will donate or will cause to be paid to the General Fund of Frederick County
for the benefit of the Gore Fire Company No. 14 the sum of $1,000.00 for impacts to
fire and rescue services. This sum will be paid upon receipt of any building permit
issued subsequent to the approval of this rezoning by which the cumulative gross
building area for any use, existing and/or proposed, on the subject parcel, or any
portion thereof, will exceed 10,000 square feet.
The conditions proffered above shall be binding on the heirs, executors, administrators,
assigns, and successors in the interest of the owner. In the event that the Frederick
County Board of Supervisors grants this rezoning and accepts these proffers, then
these proffers shall apply to the land rezoned in addition to the other requirements of
the Frederick County Code.
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
INIOTIFICAT101*1 Or" PUBLIC HEARING3
September 11, 2002
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REZONING #02-02 OF SHERWOOD BRYANT
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public licaring
being held on Wednesday, September 25, 2002, at 7:15 p.m. in the board room of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
Rezoning #02-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone 7.8691 acres
from RA (Rural Areas) to B2 (Business General) District. This property is located 200 feet east of the
intersection of Rt. 751 and Rt. 50, on the south side of Rt. 50, and is identified with Property
Identification Nlunbcr 28-A-63C in the Back Creek District.
Any interested parties having qucstions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
Abbe S. Kenn ly
Senior Planner
ASK/cih
O \Agcndm\Adjoincr Ltrs\2002\ltcionings�-Shcnvood Bryant svpd
107 North Kent Street - Winchester, Virginia 22601-5000
w
This is to certify that the attached correspondence was mailed to the following on
- % from the Department of Planning and Development, Frederick
County, Virginia:
28 - A- - 63-A 28 -A- - 16-()-MJ 15
TOWER DEVELOPERS, LLC ANDERSON, ARLAN I & MARY N
PO BOX 310 PO BOX 3
MONROVIA, MD 21770-0310 -GORE, VA 22637.0003
28 - A- - 14- 28 - A- - 58-
ANDERSON, ARTHUR LYNDALL & BETTY K SPAID, NORMA S.
PO BOX 8
GORE, VA 22637.0008
28 - A- - 56-
MCKEE, JAMES ROBERT & RUBY K.
162 LUCAS LN
GORE, VA. 22637.2432
28 - A- - 62-
PAYNE ENTERPRISES, LLC
PO BOX 67
GORE, VA
28 - A- - 59-
HALE, RUTH A.
PO BOX 147
GORE, VA.
28 - A- - 63-C
BRYANT, SHERWOOD F
PO BOX 191
GORE, VA
22637.0067
1157 CARPERS PIKE
GORE, VA. 22637.2646
28 - A- - 57-
HAHN, JOSEPH MITCHELL
ATTN: AMY R MARKWOOD
PO BOX 1737
ROMNEY, WV 26757.4737
28 - A- - 61-
SHELTON, YVONNE RENEE
& EDWARD SCOTT
PO BOX 195
GORE, VA 22637-0195
28 - A- - 17-
BRILL, CHARLES THRUSHIE JR
6862 NORTHWESTERN PIKE
22637.0147 GORE, VA 22637.2440
22637.0191 Abbe S. Kennedy, Seni r Planner
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, Mh.finn Ha � I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Abbe S. Kennedy, Senior Planner for the Department of Planning
and Development, whose name is signed to the foregoing, dated C( • ( l - ()cl� , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this
I day of
My commission expires oneI'LiCt�l�t ,� ��, a��3
PAINTER-LEWIS, P.L.C.
302 S. Braddock Street, Suite 200
Winchester, VA 22601
- I,- -' _�_0
�--N ARY PUBLIC
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
September 11, 2002
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: MASTER DEVELOPMENT PLAN #05-02 OF FOXE TOWN PLAZA
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting
being held on Wednesday, September 25, 2002, at 7:15 p.m. in the board room of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia. This meeting is to
consider Master Development Plan #05-02 for the Foxe Towne Plaza, submitted by submitted by
G. W. Clifford & Associates, Inc., to develop a 5.649-acre tract for commercial uses. The property
is located southeast of the intersection of North Frederick Pike (Route 522 N) and Rt. 37, and to the
west of Fox Drive (Route 739), and is identified with Property Identification Number 42-A-195 in
the Stonewall Magisterial District.
Any interested parties may attend this meeting. A copy of the application will be available for review
at the Handley Library approximately one week before the meeting, or at the Department of Planning
and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
eremy p
Planner II
JFC/ch
O AgmdwAdpmna Ltrs`1002\MDP'Fose Towne Plmwpd
107 North Kent Street • Winchester, Virginia 22601-5000
0
0
This is to certify that the attached correspondence
was mailed to the following on
from Department
Planning and Development, Frederick
the of
County, Virginia:
42 -4- - A-
EMMART, W. H. & SONS, INC.
53F - 1- - 28-
PO BOX 2247
COTTERELL, CHRISTOPHER S & JULIE A
WINCHESTER, VA 22604-1447
100 RIDGE CT
WINCHESTER, VA 22603.4210
42 - A- - 195-
KRA FOOD SERVICES, LLC
53F - 1- - 15- 4WrlQY
KAY, JOHN B
1625 APPLE BLOSSOM DR
WINCHESTER, VA. 22601.5185
101 RIDGE CT
WINCHESTER, VA 22603-4210
42 - A- - 195-A
HALL, TRACY
53F - 1- - 14-
& HOWARD, ERIN
KOSCHENE, WEBB A
190 FOXRIDGE LN
100 FOX CT
WINCHESTER, VA 22603.4201
WINCHESTER, VA 22601
42 - 5- - C-2
LONG RURAL INTERNATIONAL LIMITED PR
53F - 1- - 1-
CIO THE LONG PROPERTY COMPANY
ARMSTEAD, JACQUELINE M
PO BOX 2263
MIDDLEBURG, VA 20118-2263
600 OE LA MONTAGNE #509
MONTREAL QUEBEC H3C 4S4 CANADA 00000
53 - A- - 42-A
y. '
C9A�
BAILEY, EARL S JR
—�
851 FOX DR
WINCHESTER, VA 22603.4270
42 - A- - 196- I i
FERRIS, HENRY J. & EVELYNE D. �t
CIO SHEETZ, INC.
5700 6TH AVE Jeremy F. Camp, Planner II
ALTOONA, PA. 16602.1111 Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, �h Y:� H n I I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Jeremy F. Camp, Planner II for the epartment of Planning and
Development, whose name is signed to the foregoing, dated (L C has
personally appeared before me and acknowledged the sameinmy State]and County aforesaid.
Given under my hand this I day of ���-1� �-t i I ✓1��
I' �
My commission expires on f c
Gilbert W. Clifford & Assoc., Inc. J�
Attn: Charles Maddox
117 E. Piccadilly Street, Suite 200 -_�Y ARY PUBLIC
Winchester, VA 22601
54F -f-L a •
135 Rj� tnt�
Ul�wc,�a� U� az6az
42 - A- - 197-
STINES CHAPEL
729 ROUND HILL RD
WINCHESTER, VA. 22602.2236
42 - A- - 198-K
H N FUNKHOUSER, INC
2150 S LOUDOUN ST
WINCHESTER, VA 22601
53D - 3- - 6-
DOERING INVESTMENTS, LC
343 WINDSOR LN
WINCHESTER,VA 22602
42 - A- - 194-
BENHAM, HARRY K III TRUSTEE
BROCKTON LAND TRUST
PO BOX 809
WINCHESTER, VA 22604-0809
53 - A- - 42-
CARPENTER, MICHAEL D
181 FOXRIDGE LN
WINCHESTER,VA 226034208
a
REZONING APPLICATION #02-02
SHERWOOD BRYANT
Staff Report for the Planning Commission
Prepared: May 22, 2002
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 -oning matter.
Reviewed Action
Planning Commission: 06/05/02 Pending
Board of Supervisors: 07/10/02 Pending
PROPOSAL: To rezone 7.869 acres from RA (Rural Areas) to B2 (Business General District)
LOCATION: This property is located on the south side of Northwestern Pike (Route 50),
approximately 200 feet east of the intersection of Route 50 and Gore Road (Route 751.)
MAGISTERIAL. DISTRICT: Back Creek
PROPERTY ID NUMBERS: 28-A-63C
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas) District
Land Use: Vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned RA (Rural Areas) District
South: Zoned RA (Rural Areas) District
East: Zoned B2 (Business General) District
West: Zoned RA (Rural Area) District
Use: Residential, Commercial, Vacant
(Motel)
Use: Residential
Use: Commercial
Use: Residential
REZ #02-02, Sherwood Bryant
Page 2
May 22, 2002
PROPOSED USE: Commercial
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: The application to rezone this property appears to have significant
measurable impact on Route 50, Northwestern Pike, the VDOT facility which would provide access to
the property. Before development, this office will require a complete set of construction plans detailing
entrance designs, drainage features, and traffic flow data from the ITE Trip Generation manual, Sixth
Edition, for review. VDOT reserves the right to comment on all right-of-way needs, including right-of-
way dedications, traffic signalization and off -site roadway improvements and drainage. Any work
performed on the State's right-of-way must be covered under a land use permit. This permit is issued
by this office and requires an inspection fee and surety bond coverage.
Fire Marshal: Requirements will be evaluated during the site plan process. Additional comment: Water
supplies for firefighting. Plan approval recommended at this time.
Gore Volunteer Fire Department: Acceptable to GVFRC.
Frederick -Winchester Health Department: Health Department has no objections at this time.
Permits for water and sewer facilities must be obtained from appropriate agencies.
County Engineer: We do not have any specific comments related to the proposed rezoning.
However, we do reserve the right to perform a detailed review will be done at the time of the site plan
submission.
Building Official: No comment required at this time. Shall comment at the time of site plan review.
Historic Resources Advisory Boar(I: Upon review of this rezoning, it appears the proposal does not
significantly impact historic properties. The HRAB offers no comment.
County Attorney: Once signed by owner, proffers appear to be in proper form.
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Gore Quadrangle) depicts the zoning for
the property which comprises the proposed rezoning as A-1 (Agricultural -Limited). The A-1
(Agricultural Limited ) District zoning classification was modified to RA (Rural Areas) District
on February 14, 1990 during the comprehensive amendment to the county's Zoning Ordinance.
•
• 0
Rl✓Z #02-02, Sherwood Bryant
Page 3
May 22, 2002
The property is located in the Gore area and contains a vacant commercial building which
formerly housed the U.S. Post Office. The parcel is approximately 7.869 acres.
2) Location
This property is located on the south side of Northwestern Pike (Route 50), approximately 200
feet east of the intersection of Route 50 and Route 751. Route 50 is classified as a major arterial
road. Lucas Lane (Route 750) is located adjacent to the site's southern boundary. The
Winchester and Western Railroad is adjacent to the site's eastern boundary.
3) Site Suitability
The site is gently rolling; the parcel is just outside of any flood hazard zone; no wetlands have
been identified on the site; and there are no steep slopes on the site. Soils are identified as prime
farmland in the Soil Survey of Frederick County. The site has a high seasonal water table of 12"
or less. The high water table negatively impacts the classification of the on -site soils as prime
farmland. No areas of the site are suitable for a sanitary subsurface absorption system. The
presence of a high water table may affect the construction of building foundations. The applicant
has noted that the development of the site should be preceded by a geo-technical analysis of the
soil with respect to foundations.
The site contains frontage along Route 50, approximately 86.4 feet. Route 50 at the site is a four -
lane, divided highway. There is an existing median break directly opposite the entrance for the
site, which provides the site with good access and visibility from an arterial highway. The
recently -upgraded entrance to the new Post Office facility has access easements in place to allow
both the parcel containing the new Post Office and the subject parcel to utilize the same entrance.
4) Frederick County Comprehensive Plan
The subject parcel is within the Gore Rural Community Center area. The Comprehensive Policy
Plan recognizes that commercial uses will occur in the Gore Rural Community Center. In support
of housing development and to augment the amount and types of business services available in
this area, the applicant suggests rezoning from the current RA zoning to a B2 zoning. Most
allowed business uses in the current RA zoning require a Conditional Use Permit, and the
applicant suggests a 132 zoning would define the types of businesses envisioned by the
Comprehensive Plan.
5) Intended Use
A specific use has not been identified. The applicant recognizes that the lack of available sewage
treatment facilities will restrict the amount of commercial development on the property.
REZ #02-02, Sherwood Bryant
Page 4
May 22, 2002
6) Potential Impacts
The applicant has provided information which identifies the land surrounding the subject site.
The southwestern property line of the parcel is bordered by two parcels which are zoned RA and
are used for residential purposes. Other properties in the vicinity are zoned RA and are used for
residential purposes. The adjoining residential properties may be impacted by the proposed
commercial land use depending upon the structural height, the location and placement of signage
and lighting fixtures, and the location of parking and maneuvering areas.
The Zoning Ordinance does not require that a buffer or screen be installed between land used for
commercial purposes (as proposed) and land used for agriculture. Therefore, it will not be
required that the applicant establish a buffer against the adjoining agricultural use. Without the
buffer requirement, the building setbacks are established by the Zoning Ordinance to be zero feet
from side and rear property lines. Commercial uses could impact adjoining agricultural activities.
The types and character of the uses allowed by proffered restriction on the site to be rezoned will
generally be compatible with the surrounding uses. The potential businesses will have minimal
impacts associated with noise, glare, fumes, pollution, odors, and other nuisance factors. While
the applicant has prohibited a number of uses, there continue to be uses that are inappropriate in
rural community centers.
7) Proffer Statement
The applicant has submitted a proffer statement which has been reviewed by the County
Attorney's office. The applicant has offered the following proffered conditions:
• To prohibit the following uses from the site: Veterinary offices; animal specialty services;
restaurants; hotels and motels; organization hotels and lodging; car washes; motion picture
theaters; amusement and recreation services operated indoors; golf driving ranges and miniature
golf courses; child day care facilities; advertising specialties - wholesale; drive-in theaters;
commercial batting cages operated outdoors; adult care residences and assisted living care
facilities; commercial sport and recreation clubs; adult retail uses.
• To establish a maximum building square footage of 40,000 sq. ft.
• To provide a monetary contribution of $1,000 for fire and rescue services.
STAFF CONCLUSIONS FOR 06/OS/02 PLANNING COMMISSION MEETING:
The 7.869-acre site proposed for rezoning is located within the Gore Rural Conununity Center, as
identified in the 2000 Comprehensive Policy Plan. The Comprehensive Policy Plan indicates that
commercial uses that provide services for the residences of rural community centers are appropriate
within the Gore Rural Community Center. The site's location along Northwestern Pike (Route 50W)
RE-Z #02-02, Sherwood Bryant
Page 5
May 22, 2002
provides for good access.
Staff would suggest that a request for commercial zoning in the Gore Rural Community Center not only
introduces an opportunity for service provisions to the rural community, but also introduces visual and
vehicular impacts. Future development of the site should consider the predominantly residential and
agricultural uses in the vicinity of the subject site. The applicant could address the concerns of staff by
addressing the following issues:
• Increased building and parking lot setbacks.
• Landscape buffer and screening techniques.
• Limiting site access via Route 50 West.
• Establish height limits for structures erected on the site.
• Establish maximum sign heights and square footage that would be appropriate for the Rural
Community Center.
• Limiting outdoor lighting; redirecting glare from adjoining properties.
• And the identification of uses permitted on the site, not those prohibited.
The applicant should be prepared to address the comments made by staff during the review of this
application by the Planning Commission and the Board of Supervisors.
O:\Agendas\COMMGN'I'S\RI:"/_ONING\Staff Report\2002\Slie rwood l31yan(.wpd
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Bit
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
OF PUB !C HE"A IINVI
August 6, 2002
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REZONING 902-02 OF SHERWOOD BRYANT
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, August 14, 2002, at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winclester, Virginia to consider the following:
Rezoning 1102-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone 7.8691 acres
from RA (Rural Areas) to B2 (13usiness General) District. This property is located 200 feet east of the
intersection of Rt. 751 and Rt. 50, on the south side of Rl. 50, and is identified with Property
Identification Number 28-A-63C in the Back Creek District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
Abbe S. Kennedy
Senior Planner
ASK/bah
0.\Agcndu\Adjoincr Ltrs\200?\Itczonings\.Shcnvood Iltynnt.wpd
107 North Kent Street - Winchester, Virginia 22601-5000
dab
0
This is to certify that the attached correspondence was mailed to the following on
z/,/,- 0 7 from the Department of Planning and Development, Frederick
County, Virginia:
28 - A- - 63-A
TOWER DEVELOPERS, LLC
PO BOX 310
MONROVIA, MO 21770-0310
28 - A- - 14-
ANDERSON, ARTHUR LYNDALL & BETTY K
PO BOX 8
GORE, VA 22637-0008
28 - A- - 58-
SPAID, NORMA S.
1157 CARPERS PIKE
GORE, VA. 22637-2646
28 - A- - 57-
HAHN, JOSEPH MITCHELL
ATTN: AMY R MARKWOOD
PO BOX 1737
ROMNEY, WV 26757.4737
28 - A- - 56-
MCKEE, JAMES ROBERT & RUBY K.
162 LUCAS LN
GORE, VA. 22637.2432
28 - A- - 62-
PAYNE ENTERPRISES, LLC
PO BOX 67
GORE, VA 22637.0067
28 - A- - 15-
ANDERSON, ARLAN IVON & MARY NAIL
PO BOX 3
GORE, VA 22637.0003
28 - A- - 59-
HALE, RUTH A.
PO BOX 147
GORE, VA. 22637-0147
28 - A- - 63-C
BRYANT, SHERWOOD F
PO BOX 191
GORE, VA 22637-0191
28 -A- - 61-
SHELTON, YVONNE RENEE
& EDWARD SCOTT
PO BOX 195
GORE, VA 22637-0195
28 - A- - 17-
BRILL, CHARLES THRUSHIE JR
6862 NORTHWESTERN PIKE
GORE, VA 22637-2440
Abbe S. Kennedy, Senior Planner
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I,_ ; 11 , a Notary Public in and for the State and County
aforesaid, do hereby certify that Abbe S. Kennedy, Senior Planner for the Department of Planning
and Development, whose name is signed to the foregoing, dated �- (,- (-L�. , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this ` 1 day of r
My commission expires on ) I i l t n 4
PAINTER-LEWIS, P.L.C. r WL
302 S. Braddock Street, Suite 200 TARY PUBLIC
Winchester, VA 22601
�l{/ cC
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICATION OF PUBLIC HEARING
June 17, 2002
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REZONING 802-02 OF SHERWOOD BRYANT
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Monday, July 1, 2002, at 7:00 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
Rezoning #02-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone 7.8691 acres
from RA (Rural Areas) to B2 (Business General) District. This property is located 200 feet east of the
intersection of Rt. 751 and Rt. 50, on the south side of Rt. 50, and is identified with Property
Identification Number 28-A-63C in the Back Creek District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
Abbe S. Kennedy
Senior Planner
ASK/bah
O.\AgcndOAdjoincr Ltrs\2002\ltczonings\Shcnvood Uryant.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
l 11r1P I IJnDafrom the Department of Planning and Development, Frederick
County, Virginia 28 - A- - 63-C D
28-A- 63A
Tower Developers, LLC
P.O. Box 310
tilonrovia, MD 21770-031 G
28 A- - 15) 1lp
ANDERSON, ARLAN WON & MARY NAIL
PO BOX 3
GORE, VA 22637-0003
28 A 58
SPAID, N 0 R M A S.
1157 CARPERS PIKE
ORE, VA. 22637.2646
28 - A- - 57
HAHN, JOSEPH MITCHELL
ATTN: AMY R MARKWOOO
PO BOX 1737
ROMNEY, WV 26757.4737
28 A- - 56
MCKEE, JAMES ROBERT & RUBY K.
162 LUCAS IN
GORE, VA. 22637.2432
28 A- - 59-
HALE, RUTH A.
OU�(�� BRYANT, SHERWOOD F
P �`'` PO BOX 191
GORE, VA 22637.0191
28 -A 61-
SHELTON, YVONNE RENEE
& EDWARD SCOTT
PO BOX 195
GORE, VA 22637-0195
28 - A- - 62-
PAYNE ENTERPRISES, LLC
PO BOX 67
GORE, VA 22637-0067
28 A- 17
BRILL, CHARLES THRUSHIE JR
6862 NORTHWESTERN PIKE
GORE, VA 22637-2440
28 A - 14
ANDERSON, ARTHUR LYNDALL & BETTY K
PO BOX 8
GORE, VA 22637-0008
PO BOX 147
GORE, VA. 22637-0147
Abbe S. Kennedy, Senior Plann
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
i. &�b 9n��� l_ , a Notary Public in and for the State and County
aforesaid, do hereby certify that Abbe S. Kennedy, Senior Planner for the Department of Planning
and Development, whose name is signed to the foregoing, dated , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this _I th day of Ju n e , 3 ooa
My commission expires on U QOD
TARY PUBLIC
0 0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
NOTIFICIM1011 OF MIIC HlEAR11 -:j
May 22, 2002
TO: TIIE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S)
RC: REZONING 9.02-02 OF SHERWOOD BRYANT
On behalf of the Frederick County Planning Cominlsslon, you are hereby notified of a public hearing
being held on Wednesday, June 5, 2002, at 7:00 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following:
Rezoning #02-02 of Sherwood Bryant, submitted by Painter -Lewis, P.L.C., to rezone 7.8691 acres
froln RA (Rural Areas) to B2 (Business General) District. This property is located 200 feet cast of the
intersection of Rt. 751 and Rt. 50, on the south side of Rt. 50, and is identified with Property
Identification Number 28-A-63C in the Back Creek District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
40�3A� -
Abbe S. Kennedy
Senior Planner
ASK/ch
0AAgcndm\Adjoincr LUs\2002\Itczonings\Shcnvoal Bryan[ %YJA
107 North Kent Street • Winchester, Virginia 22601-5000
rj
This is to certify that the attached correspondence was mailed to the following on
1)4,1 2� �,lr from the Department of Planning and Development, Frederick
County, Vi -giliia: 28 - A- - 63-C,> P
P
UBRYANT, SHERWOOD F
28 ,A - 63A
Tower Developers, LLC
P.O. Box 310
Monrovia, MD 21770-0316
28 - A- - 15%
ANDERSON, ARLAN [VON & MARY NAIL
PO BOX 3
GORE, VA 22637-0003
28 - A- - 58-
SPAID, NORMA S.
1157 CARPERS PIKE
GORE, VA. 22637-2646
28 - A- - 57-
HAHN, JOSEPH MITCHELL
ATTN: AMY R MARKWOOD
PO BOX 1737
ROMNEY, WV 26757.4737
28 - A- - 56-
MCKEE, JAMES ROBERT & RUBY K.
152 LUCAS LN
GORE, VA. 22637.2432
28 - A- - 59-
HALE, RUTH A.
PO BOX 147
GORE, VA. 22637.0147
PO BOX 191
GORE, VA 22637-0191
28 -A- - 61-
SHELTON, YVONNE RENEE
& EDWARD SCOTT
PO BOX 195
GORE, VA 22637.0195
28 - A- - 62-
PAYNE ENTERPRISES, LLC
PO BOX 67
GORE, VA 22637.0067
28 - A- - 17-
BRILL, CHARLES THRUSHIE JR
6862 NORTHWESTERN PIKE
GORE, VA 22637.2440
28 - A- - 14-
ANDERSON, ARTHUR LYNDALL & BETTY K
PO BOX 8
GORE, VA 22637.0008
Abbe S. Kennedy, S nior Planner
Frederick County Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
1, &ffi Nf) Ha I 1 , a Notary Public in and for the State and County
aforesaid, do hereby certify that Abbe S. Kennedy, Senior Planner for the Department of Planning
and Development, whose name is signed to the foregoing, dated rffi 1_.1 01 , , has
personally appeared before me and acknowledged the same in my State a id Co inty aforesaid.
Given under my hand this day of
My commission expires on
PAINTER-LEWIS, P.L.C.
302 S. Braddock Street, Suite 200 �N TARY PUBLIC
Winchester, VA 22601