HomeMy WebLinkAbout08-02 Bowman-Shoemaker Properties - Opequon - BackfileREZONING TRACKING SHEET
Check List:
Fee & Sign Deposit v
Application Form Deed
Proffer Statement Plat/Survey
Impact Analysis Taxes Paid Statement
Adjoiner List Impact Model Run
DATE
% Z Application received/file opened
Reference manual updated/number assigned
D-base updated
Copy of adjoiner list given to staff member for verification
Four sets of adjoiner labels ordered from data processing
One 81/2" x I I" black and white location map ordered from Mapping
8 1 U2 rsc-- . File given to office manager to update Application Action Summary
�Z'4- 0Z - PC public hearing date ACTION: e Qa(/S
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BOS public hearing date ACTION: /iPPRnirFTl
Signed copy of resolution for amendment of ordinance, with conditions proffered
[if applicable], received from County Administrator's office and given to office
manager for placement in the Proffers Notebook. (Note: If rezoning has no
proffers, resolution goes in Amendments Without Proffers Notebook.)
/-)-3 -0,7j Action letter mailed to applicant
Reference manual and D-base updated
l -28-U 3 ile given to office manager to update Application Action Summary (final action)
B/- --dam File given to Mapping/GIS to update zoning map
Zoning map amended
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REZONING APPLICATION 08-02 OF BOWMAN/ SHOEMAKER
The Planning Commission unanimously recommended approval of Rezoning Application #08-02
of Bowman/ Shoemaker, submitted by Greenway Engineering, to rezone 10.09 acres from RA
(Rural Areas) to B2 (Business General) District with the revised proffers as submitted by the
applicant.
(Note: The following Commissioners were absent from the meeting: Unger, Light, Straub, Fisher)
a
TO: Finance Department
0
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
MEMORANDUM
FROM: Beth Ann Hall, Secretary I
RE: Return Of Sign Deposit
DATE: January 23, 2003
The amount of $50.00 was deposited in line item #3-010-019110-0008 for the person named below
as a deposit for a sign for Rezoning Application #08-02. They have now returned the sign and are
therefore entitled to the return of their deposit. You may pay this through the regular bill cycle.
Please send a check in the amount of $50.00 to:
Elizabeth Properties, LC
P.O. Box 480
Stephens City, Virginia 22655-2929
RSA/bah
O
U:\Beth\Common\SIGN DEPOSIT RETURN MEMO.wpd
107 North Kent Street • Winchester, Virginia 22601-5000
REZONING APPLICATION #08-02
BOWMAN/SHOEMAKER PROPERTIES
Staff Report for the Board of Supervisors Meeting
Prepared: January 14, 2003
Staff Contact: Jeremy F. Camp, Planner II
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 /natter.
Reviewed Action
Planning Commission: 09/04/02 Tabled
11 /20/02 Tabled
12/18/02 Recommended Approval
Board of Supervisors: 01/22/03 Pending
PROPOSAL: To rezone 10.09 acres from RA (Rural Areas) to 132 (Business General).
LOCATION: This property is located south of Fairfax Pike (Rt. 277), approximately 800 feet cast of
the intersection of Rt. 277 and Double Church Road (Rt. 641).
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBERS: 86-A-81
PROPERTY ZONING & PRESENT USE:
Zoned: RA (Rural Areas)
Present Use: Single Family Residential
ADJOINING PROPERTY ZONING & PRESENT USE:
North: Zoned M1 (Industrial, Light) District
Zoned RP (Residential Performance) District
South: Zoned RA (Rural Areas) District
East: Zoned
B2 (Business, General) District
West: Zoned
M2 (Industrial, General) District
Zoned
B2 (Business, General) District
Use: Trucking
Use: Single Family Residential
& Townhouses
Use: Single Family Residential
& Commercial
Use: Undeveloped
Use: Office & Commercial
Use: Office & Commercial
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REZ #08-02, Bowman/Shoemaker Properties
Page 2
January 14, 2003
PROPOSED USE: Office Uses
REVIEW EVALUATIONS:
Virginia Dept. of Transportation: VDOT is satisfied that the revised transportation proffers in the
Bowman/Shoemaker Rezoning application dated October 14, 2002, address transportation concerns
associated with this request (see attached VDOT letter dated October 18, 2002).
Update: (see attached revised VDOT comments dated November 26, 2002 in resImnse to the revised
proffer statement)
Fire Marshal: Fire and rescue apparatus access must be maintained at all times. "Fire Lane No
Parking" signs required at fire hydrants, and normal and emergency access points. Fire hydrants are
required to be with 300 feet of all points of any commercial building. Hydrants shall be placed within
three feet of the curb line. Plan approval recommended.
Stephens City Fire & Rescue: Based on the changes made to the Impact on Development, specifically
to Stephens City Fire and Rescue, we do not have any problems with the rezoning of the aforementioned
property. If you should have any questions, please do not hesitate to contact me.
County Engineer: We offer no comments at this time.
Sanitation Authority: No Comment.
Frederick -Winchester Service Authority: No comments; no concerns.
Historic Resources Advisory Board: Upon review of this rezoning, it appears the proposal does not
signi ficantly impact historic properties and it is not necessary to schedule a formal review of the proposal
by the HRAB. As you have indicated in your impact statement, according to the Rural Landmarks
Survey, there are no significant historic structures located on the property nor are there any possible
historic districts in the vicinity. It can also be noted that the National Park Service Study of Civil War
Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would
directly impact. Thank you for the chance to comment on this application.
County Attorney: Appear to be in proper form.
Health Department: health Department has no objection to the request if the following items are
addressed: 1. In Phase 1, no more than six people (210 gpd water use) to occupy facility. 2. In Phase
2, all facilities must be serviced by Municipal water and sewer.
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REZ #08-02, Bowman/Shoemaker Properties
Page 3
January 14, 2003
Planning & Zoning:
1) Site History
The original Frederick County Zoning Map (U.S.G.S. Stephens City Quadrangle) depicts the
zoning for the property which comprises the proposed rezoning as A-2 (Agricultural General). On
February 14, 1990 the A-2 and A-1 (Agricultural Limited) Zoning Districts were consolidated to
create the RA (Rural Areas) Zoning District. The current zoning of the property is RA.
2) Location
The parcel which comprise the proposed rezoning is located on the south side of Fairfax Pike
(Route 277). It is approximately 800 feet to the east of the road intersection of Fairfax Pike and
Double Church Road. According to the Frederick County Eastern Road Plan, found in the
Comprehensive Policy Plan, Fairfax Pike is classified as a minor arterial road. Double Church
Road is classified as a major collector road.
The property is surrounded by a mixture of land uses. Commercial and industrial properties are
located to the east and west; residential and agricultural properties are located to the south;
residential properties are located to the north; and industrial uses are located to the north and west.
3) Comprehensive Policy Plan
The proposal to rezone the subject property to commercial is consistent with some of the objectives
for commercial development found in the Frederick County Comprehensive Policy Plan. For
instance, the property is located along a minor arterial roadway; is adjacent to other properties
zoned commercial; and is accessible to numerous citizens. No small area land use plans exist in
the area of the subject property. The property is not located within the Urban Development Area
(UDA) or the Sewer & Water Service Area (SWSA).
The portion of Fairfax Pike (Route 277) from I-81 to White Oak Road (Route 636) is a road
improvement project identified in the Eastern Road Plan, found in the Frederick County
Comprehensive Policy Plan. This road improvement project is also on the Frederick County
Primary Road Improvement Plan.
4) Site Suitability
No flood plains, lakes or ponds, wetlands, sinkholes, natural stormwater retention areas, steep
slopes, or woodlands have been identified on the parcel of this rezoning application. The property
is within the Stephens Run Area Watershed, as identified in the Frederick County Comprehensive
Policy Plan.
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REZ #08-02, Bowman/Shoemaker Properties
Page 4
January 14, 2003
The Frederick County Soil Survey indicates that all of the soil on the subject parcel is 2-7%
Blairton silt loam (3B). This soil is identified as prime agricultural farmland in the Frederick
County Soil Survey. Only minor construction concerns are generally associated with this type of
soil. These concerns include a seasonal high water table, depth to bedrock, and potential frost
action. The permeability of Blairton silt loam is generally moderately slow. The site exists within
the Martinsburg shale geologic area of the County, which is similar to most area of urban
development in the County.
5) Intended Use
The applicant proposes the establishment of office uses. The submitted proffer statement offers
to limit the total building structures to 100,000 square feet. The first Phase of development is
proposed to have up to 5,000 square feet of building structures, and will only utilize the existing
structure on the property. The second Phase of development would account for the remaining
square footage; however, would only occur if the property is given the authority to have public
sanitary services.
6.) Potential Impacts
a) Transportation
Lnpact AnaNsis Statement
Information provided within the applicant's Impact Analysis Statement advises that traffic
generation from the 10.09 acres would produce 1,101 VPD on the existing road system, as
calculated utilizing The Institute of Transportation of Engineers Trip Generation Retort, 6`1'
Edition, based on office uses on a weekday at build -out. The Impact Analysis Statement breaks
this projection down between the two proposed Phases of development. Phase I would generate
55 VPD. Phase II would generate 1,046 VPD. The hmpact Analysis Statement indicates that the
current traffic volume along Fairfax Pike (Route 277) is 11,000 VPD.
Planin'z Staff Connnent
The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Retort 34
indicates that the Annual Average Daily Traffic for Fairfax Pike (Route 277) is 11,000 vehicle
trips. The Impact Analysis Statement indicates that the proposed development would increase
the existing traffic along Fairfax Pike (Route 277) by 1,101 vehicles per day. This translates into
a 10% increase in traffic along Fairfax Pike.
The Virginia Department of Transportation (VDOT) has reviewed and approved the applicant's
rezoning application and proffer statement. VDOT's letter dated August 2, 2002 acknowledges
that the proposed proffer statement addresses transportation concerns. This letter also recognizes
the need for a future left turn lane and taper to access the site if build -out occurs before Fairfax
Pike (Route 277).
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REZ #08-02, Bowman/Shoemaker Properties
Page 5
January 14, 2003
The Traffic Impact Analysis dated June 24, 2002, provides an accurate depiction of the current
traffic situation along Fairfax Pike (Route 277). It also provides information regarding the
projected impacts to this existing roadway. The proffer statement proposed by the applicant
details numerous transportation related conditions that would be binding if the property is
rezoned.
b) Historic Resources
Inipact Analysis Statement
Information provided within the applicant's Impact Analysis Statement identifies several historic
structures within the proximity of the subject property. It further advises that none of these
structures were deemed to be historically significant by the Frederick County Rural Landmarks
Survey Report. The Impact Analysis Statement also indicates that there are no possible historic
districts located in or within the property, based on the Frederick County Comprehensive Policy
Plan.
c) Water and Sewer
Impact Analysis Statement
The Impact Analysis Statement provided by the applicant for this rezoning provides the projected
impact which the proposed rezoning would have on sanitary sewer services and water supply
systems. A total of 20,000 Gallons Per Day (GPD) is projected. The Impact Analysis Statement
utilized the Land Development Handbook Dewberry & Davis, 1996, page 461 in arriving at this
calculation.
Planning Staff Comment
The property considered for rezoning is not located within the Sewer & Water Service Area
(SWSA) or the Urban Development Area (UDA). The applicant has made an attempt to address
this concern by proffering no development beyond the existing structure until the site is given the
authority to use public sanitary services. The Health Department has indicated that a new health
permit is necessary for the change of use of the existing structure into office uses.
The Board recently heard a request to expand the SWSA to encompass the subject property. The
Board decided that a comprehensive study of the entire area was warranted before making a
decision on the request. Presently this study is one of the tasks schedule for the Comprehensive
Plans and Programs Subcommittee (CPPS).
REZ #08-02, Bowman/Shoemaker Properties
Page 6
January 14, 2003
7) Proffer Statement
The applicant has submitted a proffer statement which has been signed by the property owner,
notarized, and reviewed by the County Attorney's office. The following is a SUmmary of the
conditions voluntarily proffered by the applicant:
Proffer A - The property would only be used for offices with no more than 100,000
square feet of building structures. The first phase of development will be
to convert the existing structure into an office building with no more than
5,000 square feet. The remaining land will not be developed to office use
until the property is authorized to have public sewer service.
Proffer B - Right-of-way is offered to be granted to VDOT along Fairfax Pike (Route
277) to accommodate future road improvements and bicycle facilities;
the number of entrances off of Fairfax Pike (Route 277) is restricted; and
a signalization agreement will be entered into with VDOT for a traffic
signal prior to approval of the first site plan for Phase II.
The applicant also proffers to provide a 60-foot right-of-way and road
through the subject property to be potentially used as a state road in the
future.
Planning Sla[f Connnent
Staff suggests that the proposed development have no more than two
entrances off of Fairfax Pike. The wording used by the applicant in the
Impact Analysis Statement and Proffer B seems to be give conflicting
information regarding the number of proposed entrances.
Proffer C - A lighting plan would be provided for each site plan in Phase II.
Plannin'z Sta(fConnneni
Staff would Mote that the proffer does nol address a Phase I LighlingPlan.
Proffer D - All parking would be setback from Fairfax Pike (Route 277) by at least
20 feet. A three -foot -high berm would be provided in this setback area,
which would be planted with evergreen shrubs.
Proffer E - All future business signs would be limited to 100 square feet, be of
monument sign style, and not exceed 15 feet in height.
Proffer F - A monetary payment of $2,500 would be paid to the Frederick County
Treasurer for Fire & Rescue services.
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REZ #08-02, Bowman/Shoemaker Properties
Page 7
January 14, 2003
STAFF CONCLUSIONS FOR 09/04/02 PLANNING COMMISSION MEETING:
The 10.09 acres proposed to be rezoned to commercial property is not located within the county's Urban
Development Area (UDA) and Sewer and Water Service Area (SWSA). Other than this concern
regarding the UDA and SWSA, the rezoning application appears to be consistent with the
Comprehensive Policy Plan's goals for commercial development. The subject property is located along
a major roadway; is within convenient access to residential uses; and is near other commercial
properties.
The applicant has submitted a proffer statement in an attempt to mitigate the impacts associated with this
commercial rezoning request. The proffer statement includes the voluntary restriction of all
development for Phase II until the property is given the authority to access public sanitary services. The
proffer statement also addresses many other concerns regarding the proposed rezoning petition.
Staff believes that the applicant should be prepared to address the following issues to the satisfaction of
the Planning Commission prior to a recommendation being forwarded to the Board of Supervisors:
• The property is not within the UDA or the SWSA. Existing septic system capacity for Phase I
and the evaluation of the applicant's response to the property not being located within the UDA
or SWSA should be evaluated.
• The number of proposed entrances off of Fairfax Pike should be clarified. To minimize the
potential traffic impacts, staff supports that the property be limited to no more than two
entrances.
PLANNING COMMISSION SUMMARY & ACTION OF 9/04/02 MEETING
On September 9, 2002, the Frederick County Planning Commission tabled Rezoning Application #08-02
so the applicant might consider the traffic impacts that the proposed development would have on Fairfax
Pike (Route 277). In particular, the Planning Commission was concerned about what would happen if
Phase II were built prior to the anticipated improvements to Fairfax Pike. Some Planning
Commissioners believed that Fairfax Pike could not support a 100,000 square foot office building until
it is improved to a four lane road.
There were no citizen comments.
(Note: Con-unissioner Triplett was absent from the meeting.)
•
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REZ #08-02, Bowman/Shoemaker Properties
Page 8
January 14, 2003
UPDATE SINCE PLANNING COMMISSION MEETING ON 9/04/02
A revised application, impact analysis statement and proffer statement were submitted on October 25,
2002 by the applicant. In addition, revised agency review comments were provided from the Virginia
Department of Transportation (VDOT), the Health Department, the Fire Marshal, and the County
Attorney. A summary of the changes to the application, impact analysis statement, and proffer statement
are noted below:
Revised Application (Dated 10125102)
• Phase II is now proposed for office or commercial uses. The original application
proposed only office uses.
Revised Impact Analysis Statement (Dated 10114102)
The impact analysis statement was revised to calculate the traffic impact if Phase II were
developed as a shopping center. In this worst -case traffic scenario, traffic along Fairfax
Pike (Route 277) would increase by 4,802 VPD. This calculates to a 40% overall
increase in traffic to Fairfax Pike. Phase I accounts for only .05% of this increase. A
10% overall increase in traffic to Fairfax Pike was proposed in the original application
when only office uses were proposed for Phase II.
Revised Proffer Statement (Dated 10/14102)
The proffer statement has been revised to allow commercial and office uses in Phase II.
As the previous proffer statement indicated, Phase I would only be used for office uses.
A new proffer is provided which restricts certain land uses. These restricted land uses
include electric, gas and other utilityfacilities and offices, retail nurseries and lawn and
garden supply stores, automotive dealers (excluding gasoline service stations SIC -
5541), hotels and motels, organizational hotels and lodging, car washes, miscellaneous
repair services, golf driving ranges and miniature golf courses, membership
o)ganizations, self-service storage facilities, coimnercial batting cages operated
outdoors, adult care residences and assisted care facilities, and adult retail. All other
uses permitted in the B2 Zoning District would still be allowed if the rezoning
application is approved. As the applicant has stated in the impact analysis statement, this
could include a shopping center. It could also enable a restaurant, office building, movie
theater, or model home sales office.
The transportation proffer (proffer B) has been revised to clarify that there will be no
more than two commercial entrances to Fairfax Pike. One of these entrances will be the
existing loop entrance on the property.
RCZ #08-02, Bowinan/Shoemaker Properties
Page 9
January 14, 2003
• The transportation proffer (Proffer B) was also revised to indicate that a detailed traffic
study will be conducted in accordance with VDOT for each site plan proposed for Phase
IL Furthermore, any improvements necessary to maintain a Level of Service of C or
better will be incorporated into each site plan submission. The applicant has proffered
to implement the improvements deemed necessary by VDOT.
STAFF CONCLUSIONS FOR NOVEMBER 20, 2002 PLANNING COMMISSION MEETING
The applicant has made an attempt to address the concerns identified during the Planning Commission
meeting on September 4, 2002. The applicant has proffered that any road improvements to Fairfax Pike,
which are necessary to maintain or exceed a Level of Service C, will be paid for by the developer. The
applicant has also clarified that there will only be two entrances onto Fairfax Pike. Staff does, however,
identify a few concerns with the new application. These concerns are noted below:
The applicant's change from strictly offices to offices and/or commercial uses in Phase II may
potentially lead to a greater traffic impact.
As with the original application, the fact that the property is not located within the Urban
Development Area (UDA) or the Sewer- and Water Service Area (SWSA) should be evaluated.
The Planning Commission expressed concern of this issue during the September 4`f' meeting.
The applicant should be prepared to address any concerns raised in this report, as well as the concerns
raised by the Planning Commission and the Board of Supervisors.
PLANNING COMMISSION SUMMARY & ACTION OF THE 11/20/02 MEETING:
The applicant argued that there is not necessarily a County requirement or policy stipulating that
properties be within the UDA or SWSA to qualify for rezoning approval. However, he pointed out
that the application did include a revised proffer that precluded development in Phase II until the
property is entitled to have public sewer and water service.
The applicant further noted that the proffers had been revised to address the Commission's
transportation concerns. Specifically, it was explained that the revised proffer stated that a detailed
traffic study would be conducted for each site plan of Phase II. Furthermore, the developer would
pay for all road improvements required by VDOT. Despite this revision, Commissioners continued
to have concerns regarding the impacts of Phase II traffic on Fairfax Pike (Rt. 277), especially at peak
traffic periods when trips generated by the high school, the proposed office building, and shopping
centers would sinnrltaneously converge on the roadway. It was noted that the transportation impacts
of the proposed Phase II development may be difficult to mitigate until Fairfax Pike was improved
to accommodate the projected traffic volume. It was acknowledged that the scope of improvements
necessary to enable the additional trips may ultimately involve the expansion of Fairfax Pike to a four-
REZ 808-02, Bowman/Shoemaker Properties
Page 10
January 14, 2003
lane roadway extending from the I-81 interchange to Double Tollgate. Due to these outstanding
concerns, the Commissioners did not believe they could forward a recommendation of approval to
the Board of Supervisors until the issue of Phase II traffic impacts was satisfactorily resolved.
VDOT's resident engineer expressed concern that the established traffic impact analysis process would
be undermined by agreements between the County and applicants that artificially establish the
maximum vehicle trips permitted for a given development, regardless of their location on the road and
the ultimate impact of the proposal on the system as a whole. Such an approach was identified as
decidedly piecemeal in nature and, therefore, contrary to identifying and managing impacts
comprehensively. It was noted that deviation from the traffic impact analysis process in this case
would be especially risky given the general agreement that Fairfax Pike had already reached its
saturation point as it could result in the introduction of "fatal flaws" into the transportation system.
The applicant offered to produce written revisions to the transportation component of his proffers
addressing the stated concerns of VDOT and the Commissioners so that a negative recommendation
from the Commission could be avoided. The applicant agreed to waive the statutory time
requirements for action on the application to enable its tabling so that sufficient time would be
available for preparation and submission of the revised proffer language. The applicant offered a
revision that would state the following: 1) Phase II, Step A, will not exceed 250 tpd, 2) Phase II, Step
B, will not be developed until Fairfax Pike (Rt. 277) is improved, and 3) a traffic study will be
conducted for each site plan of Phase II to ensure that acceptable levels of service will be maintained.
VDOT's resident engineer and the Commissioners believed these revisions represented an appropriate
resolution of identified concerns and, therefore, the Commission unanimously agreed to table the
rezoning until the Commission's second meeting in December.
There were no public comments.
(Please note: Conunissioners Kriz, Rosenberry, and Unger were absent from the meeting.)
UPDATE SINCE PLANNING COMMISSION MEETING ON 11/20/02:
The applicant has submitted a revised proffer statement which has been signed by the property owner
and reviewed by the County Attorney. The Virginia Department of Transportation (VDOT) has also
reviewed the revised proffer statement and believe it satisfies their concerns. The revised proffer
statement includes the following changes to Proffer B7:
• The development of Phase II will be limited to 250 vehicle trips per day (VPD) until Fairfax Pike
(Route 277) is improved.
• A detailed traffic study will be conducted for each site plan in Phase II to ensure that an
acceptable level of service is maintained on Fairfax Pike. No development of Phase II will occur
unless an acceptable level of service is proven through the traffic study process.
REZ #08-02, Bowman/Shoemaker Properties
Page 11
.January 15, 2003
\Staff notes that the revised proffer appears to be consistent with what was discussed between the
applicant and the Planning Commission during the November 20°i meeting. During the December
18°i meeting, the applicant should be prepared to explain to the Planning Commission how the revised
proffer statement addresses the transportation issues associated with this rezoning. In addition to this,
staff is still concerned with the fact that the property requested to be rezoned is outside of the UDA
(Urban Development Area) and the SWSA (Sewer and Water Service Area).
PLANNING COMMISSION SUMMARY & ACTION OF THE 12/18/02 MEETING:
The Planning Commissioners were presented with the revised rezoning application by staff and, after
some discussion, recommended approval with the revised proffer statement. The Commissioners
believed that the revised proffer statement, submitted by the applicant, appropriately addressed the
traffic concerns that were raised during their previous meetings. During discussion, it was noted that
the issue regarding sewer and water service was ultimately the decision of the Board of Supervisors.
STAFF CONCLUSIONS FOR JANUARY 22, 2003 BOARD OF SUPERVISORS MEETING:
Rezoning application #08-02, for the rezoning of 10.09 acres from the RA (Rural Areas) District to
the B2 (Business General) District, has been reviewed and recommended for approval by the
Frederick County Planning Commission. Upon review by the Board of Supervisors, special
consideration should be given regarding the fact that the site is located outside of the Sewer and Water
Service Area (SWSA), particularly as applied to Phase II of the proffered development. All other
issues have been addressed to the satisfaction of the Planning Commission and the relevant review
agencies. Any additional concerns identified by the Board of Supervisors should be appropriately
addressed by the applicant.
0:UgendnsICOd7d7EN7SIRF.70N/NGIStaf I?epor1120021Rowmmn_S7meumkerwpd
Rezoning Comments
Y.
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
1550 Commerce Street
Winchester, Virginia
App i6ant: , Pl'ease'f Il out the information as accurately a� posSzble zn oider�to assist the Vurgirita
..i 1 , r -
, 1 Y`4
Dcpn�tmerit of I xaz�s��ortation vrnth their reY✓uet Y t =Attet� a copy ,+,f".oar ,plrc�itio;r' fa: nx,
location map, proffer.-statein'exit, izupact analysis, and any otl�er'pertinent information
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: 500 Fairfax Pike; south side of Fairfax Pike, approximately 800 feet east
of the intersection with Double Church Road.
Current zoning: RA District Zoning requested: B2 District • Acreage: 10.09
Virginia Department of Transportation Comments:
See attached VDOT comments dated October 18, 2002.
*** Revised * * See attached revised VWT comments
dated November 26, 2002
in response to the revised proffer statement.
VDOT Signature & Date: 10/18/02
Transport on Assistant Rl�si.dent Engineer
Notice to VDOT — Please Return This Form to the Applicant
10-18-02; 9:46AM;
Greenway Englneer;540 984 5607 It 2/ 2
• •
Philip A. Shucet
COMMISSIONER
COMMONWEALTH of VIRGINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
EDINBURG, VA 22824
October 18, 2002
VDOT Comments to
Bowman/Shoemaker Companies
Rezoning Application
JERRYA. COPP
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984.5607
The documentation within the application to rezone this property appears to have
significant measurable impact on Route 277, Fairfax Pike. This is the VDOT
roadway which has been considered as the access to the property referenced.
VDOT is satisfied that the transportation revised proffers offered in the
Bowman/Shoemaker Rezoning application dated October 14, 2002 addresses
transportation concerns associated with this request.
Before development, this office will require a complete set of construction plans
detailing entrance designs, drainage features, and traffic flow data from the I.T,E,
Trig 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,
Thank you for allowing us the opportunity to comment.
Homer F. Coffman, Tr . Asst. Resident Engineer
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
COMMONWEALTH of VIRCjINIA
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
Philip A. Shucet 14031 OLD VALLEY PIKE
COMMISSIONER EDINBURG, VA 22824
November 26, 2002
VDOT Comments to
Bowman/Shoemaker Companies
Rezoning Application
Itt Response to Revised Noffef' Statetttetit
Dated Novettibet• 20, 2002
JERRYA. COPP
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
The revised proffer statement appears to satisfy the transportation issues
associated with this request.
Before development, this office will require a complete set of construction plans
detailing entrance designs, drainage features, and traffic flow data from the I.T.E.
Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to
comment on all right-of-way needs, including right-of-way dedications, traffic
signalization, and off -site roadway improvements and drainage. Any work
performed on the State's right-of-way must be covered under a land use permit.
This permit is issued by this office and requires an inspection fee and surety bond
coverage.
Thank you for allowing us the opportunity to comment.
Ben H. Lineberry, Jr .E.,
Trans. Ass't. Resident Engineer
VirginiaDOT.org P
WE KEEP VIRGINIA MOVING
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
Please fill out the information as accurately as possible in order to assist the agency with their
review. Attach a copy of your application form, location map, proffer statement, impact
analysis, and any other pertinent information.
Applicants Name: Greenway Engineering
Address: 151 Windy Hill Lane
Winchester, VA 22602
Phone Number: 540-662-4185
Location of property: 500 Fairfax Pike; south side of Fairfax Pike; approximately 800 feet east
of the intersection with Double Church Road.
Current Zoning: RA District Zoning Requested: B2 District Acreage 10.09
Frederick -Winchester Health Department's Comments: ,
i
c � 1 o v re �16�
/J-7u Sf be jerv((-v Y ZV n2a-1--1 /, dal CI , /,Ye,
Superintendent's Signature & Date: :>dulG _ J�__a %— o 2-
Notice to Health Department — Please Return This Form to the Applicant
K-.
Rezoning Comments • •
Frederick County Attorney
Mail to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-6383
I
Hand deliver to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Fourth Floor
Winchester, Virginia
(540) 665-5651
Applicant: Please fill out the information as accurately as possible in order to assist the County
Attorney's office with their review. Attach a copy of your application form, location map,
proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: 500 Fairfax Pike; south side of Fairfax Pike, approximately 800 feet east
of the intersection with Double Church Road
Current zoning: RA District Zoning requested: B2 District Acreage: 10.09
County Attorney's Comments: AW01-a
Assistant County Attorney's
Signature & Date: ��,y✓�1,�,— /d /� o r�
Notice to County Attorney - Please Return This Form to the Applicant
�CV15ED
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
To be completed by Planning Staff ,.. -
Fee Amount Paid
�.7,'" . .
Zoning Amendment Number Do n-�v2,, Date Received
PC Hearing Date y-¢�0� j'_0.. BOS Hearing Date Z--1 O�?
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:
Naive: Greenway Engineering Telephone: (540)-662-4185
Address: 151 Windy Hill, Winchester, VA 22602-
2. Property Owner (if different from above)
Naive: Beverley B. Shoemaker Telephone: 869-1800
Address: P.O. Box 480 Stephens City, VA 22655
3. Contact person if other than above
Naive: Evan Wyatt Telephone: (540)-662-4185
4. Checklist: Check the following items that have been included with this
application.
Location map ® Agency Comments
Plat ® Fees
Deed to Property ® Impact Analysis Statement
Verification of taxes paid ® Proffer Statement
R�u
v
NOV 0 6 2002
FREDERICKC011 NT
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:
Beverley B. Shoemaker
6. A) Current Use of the Property:
B) Proposed Use of the Property:
7. Adjoining Property:
Single -Family Residential
Office & Commercial
PARCEL ID NUMBER
USE
ZONING
86-((A))-82
Commercial & Office
M2
86-((A))-77
Single -Family Residential
RA
86-((A))-78
Single -Family Residential
RA
86-((A))-80
Undeveloped Commercial
B2
86-((A))-86 & 87
Trucking
MI
86-((A))-89
Single -Family Residential
RP
86-5-A
Single -Family Residential
RP
86-A-85E
Single -Family Residential
RP
86-((A))-90
Single -Family Residential
RP
86C-2-83A
Residential
RP
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road naives and route number):
South on Route 277 (Fairfax Pike), approximately 800 feet east of the intersection of
Route 277 and Route 641 (Double Church).
•
Information to be Submitted for Capital Facilities Impact Model
In order for the Plaruiing 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 86-((A))-81
Districts
Magisterial: Opequon High School: Sherando
Fire Service: Stephens City Middle School: Aylor
Rescue Service: Stephens City Elementary School: Bass Hoover
10.
11.
Zoning Change: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Requested
10.09
RA
B2
10.09
Total Acreage to be rezoned
The following information should be provided according to the type of
rezoniIlg proposed:
Number of Units Proposed
Single Family homes: Towr-liome: Multi -Family
Non -Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office & 100,000 sq.ft. in two phases, Service
Commercial: Phase I - 5,000 sq.ft office Station:
Phase II - 95,000 sq.ft. office &
cornmercial.
Retail: Manufacturing:
Restaurant: Warehouse:
Other
•
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property line at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s): ^ � l� • Date:
Date:
Owner (s): Date:
Date:
0 Z,S 17—
10-2s-60--
OUTPUT MODULE
APPLICANT: Bowman/Shoemaker
Net Fiscal Impact
LAND USE TYPE Commercial Costs of
Impact Credit:
Credits to be TakE
Total Potential
Adjustment For
REAL EST VAL S6,508,838 Required
(entered in
Cur. Budget Cur. Budget Cap.
Future CIP/
Tax Credits
Revenue-
Net Capital
Net Cost Per
FIRE & RESCUE 11 Capital- Faciltiies
col sum only)
Oper_Cap Equip
Expend/Debt S.
Taxes, Other
(Unadjusted)
Cost Balance
Facilities Impact
Dwelling.Unit
Fire and Rescue Department $55.706
SO
$0
S55,706
ERR
Elementary Schools SO
—
—
Middle Schools SO
SO
SO
SO
SO
SO
ERR
High Schools SO
—
--
Parks and Recreation $0
$0
SO
SO
$0
ERR
Public Library SO
SO
SO
$0
$0
ERR
Sheriffs Offices SO
$3,895
SO
SO
S3,895
$3,895
SO
ERR
Administration Building SO
SO
SO
$0
SO
ERR
Other Miscellaneous Facilities SO
S9,339
$10,311
$19,650
S19,650
SO
ERR
SUBTOTAL S55,706
S13,234
S10,311
SO
S23,545
S23,545
S32,161
ERR
LESS: NET FISCAL IMPACT
S4,577,622
S4,577,622
$4,577.622
($4,577,622)
ERR
NET CAP. FACILITIES IMPACT
I
SolERR
INDEX: "1.0" If Cap. Equip Included 1.0
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Av g: 0.0 Rev -Cost Bal = 1.000
PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342
METHODOLOGY 1.
Capital facilities requirements are input to the firs t 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 interest because they are cash payments up front. Credits do include interest if the projects are debt financed.
NOTES: Model Run Date 11/06/02 J FC (Prepared for Rev ised Application Dated October 25, 2002)
Project Description: Assumes 5,000 sq.ft. of office use and 95,000 square feet of retail us a on 10.09 acres zoned B2 District
Property Identification Number (PI N) 86-A-81
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 day s from the model run date.
2001 MODEL
•
IMPACT STATEMENT
BOWMAN/SHOEMAKER
COMPANIES REZONING
Opequon District
Frederick County, Virginia
TM 86-((A))-81
10.09 Acres
October 14, 2002
Current Owner: Beverley Shoemaker
Contact Person: Evan A. Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering June 24, 2002 Shoemaker I-Idgts Rezoning
October 14, 2002
SHOEMAKER GLOBAL HEADQUARTERS REZONING
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County
by the proffered rezoning of a 10.09-acre parcel owned by Beverley Shoemaker. The
subject site is located on the south side of Route 277 (Fairfax Pike), and Approx. 800 ft.
east of the intersection of Route 277 and Route 641 (Double Church Road). The current
zoning is RA, Rural Areas District. The applicant proposes to rezone the property from
RA to B2 (Business General).
Basic information
Location:
Magisterial District:
Property ID Numbers:
Current Zoning:
Current Use:
Proposed Use:
Proposed Zoning:
Total rezoning area:
Proposed build -out:
COMPREHENSIVE PLAN
I. Policy
South of Route 277 and east of the Intersection of
Route 277 & Route 641
Opequon
86-((A))-81
RA
Residential
Business General
B2
10.09 acre
100,000 square feet office and commercial
The Land Use Chapter of the Comprehensive Policy Plan does not include a wide -
area development plan for this geographic area of the County; however, the Fairfax
Pike corridor has been a developing corridor over the past fifteen years. Land uses
within the immediate area of the subject property include many residential
subdivisions, several commercial sites including a shopping center, the Sherando
High School and the Sherando Regional Park. The business area strategies within the
Land Use Chapter of the Comprehensive Policy Plan call for the provision of
locations for substantial expansion of retail, service and office use in the County with
safe and efficient access. The business area strategies call for the development of
major business developments on arterial corridors that provide for design, layout,
function and appearance of the corridors.
2
Greenway Engineering June 24, 2002 S•maker Hdqts Rezoning
October 14, 2002
2. Sewer and Water Service Area
The 10.09-acre property is located adjacent to the Sewer and Water Service Area
(SWSA). Currently, the SWSA boundary includes all properties on the north side of
Fairfax Pike from Interstate 81 Exit 307 to White Oak Road (Route 636) and all
properties on the south side of Fairfax Pike from Interstate 81 Exit 307 to Double Church
Road (Route 641). Recently, the Board of Supervisors adopted an expansion of the
SWSA to include additional properties on the south side of Fairfax Pike just to the east of
the subject property, including the Sherando High School property, the Sherando
Regional Park property and several residential parcels along Hudson IIollow Road
(Route 636). A request to include the subject property into the SWSA is currently under
consideration by the Board of Supervisors
3. Frederick County Zoning Ordinance
Article X, Business and Industrial Zoning Districts, provides a statement of intent for
each category of business and industrial zoning for Frederick County. The statement of
intent for the B2, Business General District is to provide large areas for a variety of
business, office and service land use located on arterial highways at major intersections
and interchange areas. These areas are intended to provide direct access to major
thoroughfares for the general public and delivery truck traffic. The direct access to major
thoroughfares is intended to be controlled to promote safe and orderly development for
properties with adequate frontage and depth.
A. SUITABILITY OF THE SITE
Access
The subject site, tax parcel 86-((A))-81, has approximately 1,000 feet of frontage on
Fairfax Pike (Route 277). The existing structure on the subject property has direct access
to Fairfax Pike through a looped "horseshoe" driveway. This existing driveway is
intended to serve the Phase I office development. The Phase II office and commercial
development will be limited to access through one commercial entrance to the west of the
existing loop driveway and through access off of a proposed 60-foot road system which
will intersect with Fairfax Pike and proceed in a southwestern direction through the limits
of the subject property. Traffic signalization will be proposed at the intersection of
Fairfax Pike and the 60-foot road system to facilitate Phase II traffic movement
Flnnd Plninc
The subject property is located on the FEMA National Flood Insurance Plan Map
#510063-0200-B. The entire site is located as "Zone C", area outside the 100-year flood
plain.
3
Greenway Engineering June 24, 2002 Amaker Hdqts Rezoning
October 14, 2002
Wetlands
The National Wetlands Inventory Map indicates that no wetlands exist on the subject
property.
Steep Slope
The subject property does not contain areas of steep slope.
Mature Woodlands
The subject property does not contain woodland areas.
Soil Types
The following soil types contained in this tract have been obtained from the Soil Survey
of Fredrick County, published by the USDA Soil Conservation Service.
The subject site is located on map sheet number 47, and contains one soil type:
313- Blairton silt loam — 2-7 percent slope, covers 100% of site. This soil type is
identified in Table 5 — Prime Farmland on page 123 of this document. This soil type will
not create construction difficulties or hazards.
B. SURROUNDING PROPERTIES
Adjoining property zoning and present use (see existing zoning map):
North: Zoned RP, Residential Performance District
Zoned M1, Light Industrial District
South: Zoned RA, Rural Areas District
East: Zoned B2, Business General District
West: Zoned M2, Industrial General District
Residential
Industrial
Residential
Undeveloped Commercial
Heavy Commercial & Office
4
Greenway Engineering
C. TRAFFIC IMPACT
June 24, 2002 Arnaker I-Idgts Rezoning
October 14, 2002
1. According to the VDOT Functional Classification located in the Transportation
Chapter of the Frederick County Comprehensive Policy Plan, Route 277 is classified
as a minor arterial road. The proposed change in zoning will provide the opportunity
for the existing structure to change its form of operation to an accepted B2 Zoning
classification style of business for the Phase I development limit of 5,000 square feet,
and will provide for the future use of the subject property during the Phase II
development which proffers a maximum of 95,000 square feet of additional office
and retail use for a total site build out of 100,000 square feet.
Page 7 of the 2000 Virginia Department of Transportation Daily Traffic Volumes
Manuel identifies an average daily traffic volume of 11,000 vehicle trips on Fairfax
Pike between Interstate 81 Exit 307 and White Oak Road (Route 636). The Institute
of Transportation Engineers Trip Generation Manual provides traffic generation
information for shopping center use and office use as follows:
Route 277 Traffic = 11,000 VPD (2000 Volumes)
Route 277 Traffic = 12,128 VPD (2002 Estimated Volumes with 5% annual increase)
Average Vehicle Trips = 11.01 VPD'
Average Vehicle Trips = 49.97 VPDI
Square Footage of Business = 5,000 sq.ft. (Phase I)
= 95,000 sq.ft. (Phase II)
= 100,000 sq.ft. total build out
Projected Traffic = 55VPD (Phase I)
= 4,747 VPD (Phase II)
= 4,802 VPD total build out
Percentage of Traffic Increase for Route 277 Daily Traffic Volume = 0.05% (Phase I)
= 39% (Phase II)
= 40% build out
'This figure is in accordance to the I.T.E., Trip Generation Manual, 6"' Edition, and is
projected for a general business office, as per 1000 Sq. Feet Gross Floor Area, on a
weekday (page 1052 in the manual).
2This figure is in accordance to the I.T.E., Trip Generation Manual, 6"' Edition, and is
projected for a shopping center, as per 1000 Sq. Feet Gross Floor Area, on a Saturday
(page 1340 in the manual).
The Phase I development limit of 5,000 square feet creates a negligible increase in the
average daily traffic volume on Fairfax Pike. The Phase II development has proffered
conditions, which offer a 60' access road connection to Fairfax Pike at a signalized
intersection and traffic studies for Phase II site plans to maintain a LOS C. These
improvements reasonably mitigate the increased average daily traffic volume increase
on Fairfax Pike that will occur over time
5
Greenway Engineering June 24, 2002 Shoemaker I-Idgts Rezoning
October 14, 2002
D. SEWAGE AND CONVEYANCE TREATMENT & WATER SUPPLY
The subject site is located adjacent to the southern boundary of the Sewer and Water
Service Area (SWSA) located on Fairfax Pike (Route 277). An 8" sewer main is
currently in place on the north side of Fairfax Pike directly across from the subject
property. An 8" sewer main also exists on the south side of Fairfax Pike to the west of
the subject property that serves the Rite Aid parcel. A 12" water main is currently in
place on the south side of Fairfax Pike which provides water service to the subject
property.
The impact of this proposed rezoning of the 10.09-acre parcel from RA to B-2 on sewage
conveyance and water supply is based on the square footage of the proffered office and
commercial use being 100,000 sq. ft. Design figures show an estimated 200 GPD, for
both the sewer and water systems, per 1,000 square feet of ultimate floor space (These
numbers are in reference to the Land Development Handbook, Dewberry & Davis, 1996,
page 461). The figures below represent the impact that the total build out of the proffered
square footage of office and commercial use has on the sewage conveyance and water
supply systems.
Q = 200 GPD per 1,000 Sq. Ft.
Q = 200 GPD x 100 (1,000 sq. ft.)
Q = 20,000 GPD
The numbers clearly represent that the total development of the subject property will
have a minor impact on the sewage conveyance system and water supply systems. The
Phase I development will utilize the existing public water supply and the existing sewage
septic system for the proffered office square footage, while the proffered 95,000 square
feet of office and commercial use in Phase II will be developed in conjunction with
public sewer. The Frederick -Winchester Health Department comment dated August 29,
2002 states that this is appropriate.
E. DRAINAGE
The subject property drains from south -to -north towards Fairfax Pike. The Phase I office
development will not require the need for stormwater management facilities as the
current acreage adequately handles the runoff from the existing structure. The Phase II
office and commercial development will be designed in accordance with all applicable
state and local stormwater management requirements for detention and erosion and
sedimentation control.
10
0
Greenway Engineering
F. SOLID WASTE DISPOSAL
i
June 24, 2002 Shoemaker Hdqts Rezoning
October 14, 2002
The impact on solid waste disposal facilities can be projected from an average annual
business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of business
floor space (This number can be found in the Civil Engineering Reference Manual, 0'
edition).
DV = 5.4 Cu. Yd. per 1,000 sq. ft.
DV = 5.4 Cu. Yd. x 100 (1,000 sq. ft.)
DV = 540 Cu. Yd.
The proposed business parcel will have a minimal impact landfill use.
G. HISTORICAL SITES AND STRUCTURES
The Rural Landmarks Survey Report for Frederick County, Virginia Phase I -III, 1988-
1992 identifies several structures within the proximity of the subject property that were
inventoried. None of the inventoried structures were deemed to be historically
significant; therefore, none of the structures were included on the list of Potentially
Significant Properties found on page 248-249 or on the list of Sites Potentially Eligible
for the State or National Register of Historic Places found on page 250 of this report.
The subject property is not located in or within the proximity of Possible Historic
Districts identified in Chapter 2 — History of the Frederick County Comprehensive Policy
Plan found on page 2-10.
H. IMPACT ON COMMUNITY FACILITIES
The County's Capital Facilities Fiscal Impact Model has been prepared for the proposed
rezoning of the 10.09-acre site based on a proffered maximum square footage of office
and commercial use. The revenues received for capital facilities costs are significant and
offset all impacts to county services. The applicant has proffered a monetary contribution
for fire and rescue services due to the net capital facilities impact demonstrated by the
model. This monetary contribution exceeds the percentage of the net capital facilities
impact to revenues which should adequately address any impact to fire and rescue
services.
7
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA O�
To be completed by Planning Stuff ,f M
Fee. Amount Paid
Zoning Amendment Number Date Receive
PC Hearing Date J -- I30S 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: Greenway Eng.ineerinTelephone: (540)-662-4185
Address: 151 Windy Hill, Winchester, VA 22602
2. Property Owner (if different from above)
Name: Beverley B. Shoemaker Telephone: 869-1800
Address: P.O. Box 480 Stephens City, VA 22655
3. Contact person if other than above
Name: Evan Wyatt Telephone: (540)-662-4185
4. Checklist: Check the following items that have been included with this
application.
Location map ® Agency Comments
Plat ® Fees
Deed to Property ® Impact Analysis Statement
Verification of taxes paid ® Proffer Statement
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:
Beverley B. Shoemaker
6. A) Current Use of the Property:
B) Proposed Use of the Property:
7. Adjoining Property:
Single -Family Residential
Office
PARCEL ID NUMBER
USE
ZONING
86-((A))-82
Commercial & Office
M2
86-((A))-77
Single -Family Residential
RA
86-((A))-78
Single -Family Residential
RA
86-((A))-80
Undeveloped Commercial
B2
86-((A))-86 & 87
Trucking
M1
86-((A))-89
Single -Family Residential
RP
86-5-A
Single -Family Residential
RP
86-A-85E
Single -Family Residential
RP
86-((A))-90
Single -Family Residential
RP
86C-2-83A
Townhouse Residential
RP
8. Location: The property is located at (give exact located based on nearest road
and distance from nearest intersection, using road names and route number):
South on Route 277 (Fairfax Pike), approximately 800 feet east of the intersection of
Route 277 and Route 641 (Double Church).
0
0
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 86- A -81
Magisterial:
Fire Service:
Rescue Service:
10,
11,
Opequon
Stephens City
Stephens City
Districts
High School:
Middle School:
Elementary School
Sherando
Aylor
Bass Hoover
Zoning Cliange: List the acreage included in each new zoning category
being requested.
Acres
Current Zoning
Zoning Re nested
10.09
RA
I32
10.09
Total Acreage to be rezoned
The following information sliould be provided according to the type of
rezoning proposed:
Number of Units Proposed
Single Family homes: Townhome: Multi -Family
Non -Residential Lots: Mobile Home: IIotel Rooms:
Square Footage of Proposed Uses
Office: 100,000 sq.ft. in two phases-, Service
Phase I - 5,000 sq.ft Station:
Phase II - 95,000 sq.ft.
Retail: Manufacturing:
Restaurant: Warehouse:
Other
12. Signature:
I (we), the undersigned, do hereby respectfully make application and petition the
Frederick County Board of Supervisors to amend the zoning ordinance and to change
the zoning map of Frederick County, Virginia. I (we) authorize Frederick County
officials to enter the property for site inspection purposes.
I (we) understand that the sign issued when this application is submitted must be
placed at the front property lone at least seven days prior to the Planning Commission
public hearing and the Board of Supervisors' public hearing and maintained so as to
be visible from the road right-of-way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the bet of my (our) knowledge.
Applicant(s):CL,t lL
Owner (s):
Date: 3 07- _
Date:
Date: oa
Date:
3owman/Shoamakar Comnanias - Location Main
BOWMAN/SHOEMAKER COMPANIES REZONING
Adjoining Property Owners
Naine
Tax Map #
Address
ER Neff, Inc
86-((A))-77
PO Box 1027
Stephens City, VA 22655
Rachel S. Orndorff
86-((A))-78
1140 Ashby Station Road
Front Royal, VA 22630
Fruit Limited Partnership
86-((A))-80
PO Box 740
Warrenton, VA 20188
James L & Jane II Bowman
86-((A))-82
448 Fairfax Pike
Stephens City, VA 22655
Linwood D. Ritter
86-((A))-85E
746 Double Church Road
Stephens City, VA 22655
Joseph W Jr &
86-((A))-86,87
469 Fairfax Pike
Alice M Athey
Stephens City, VA 22655
Samuel N &
86-((A))-89,90
683 Payne Road
Jo Ann Whitacre
Clearbrook, VA 22624
Kenneth E Herbaugh
86-((5))-A
561 Fairfax Pike
Stephens City, VA 22655
Georgetown Court
86C-((2))-83A
RR 1 Box 198
Homeowners Association
Stephenson, VA 22656
File #3269/EAw/dls
• 0
AMENDMENT
Action:
PLANNING COMMISSION: December 18, 2002 - Recommended Approval
BOARD OF SUPERVISORS: January 22, 2003 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #08-02 OF BOWMAN SHOEMAKER
WHEREAS, Rezoning #08-02 of Bowman/Shoemaker Properties, was submitted by Greenway
Engineering to rezone 10.09 acres from RA (Rural Areas) to B2 (Business General) District for property
located south on Fairfax Pike (Rt. 277), approximately 800 feet east of the intersection of Rt. 277 and
Double Church Road (Rt. 641) and identified with Property Identification Number 86-A-81 in the
Opequon Magisterial District; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on December 18,
2002; and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on January 22, 2003;
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 10.09 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.
11DRes 403-03
•
•
This ordinance shall be in effect on the date of adoption.
Passed this 22°d day of January, 2003 by the following recorded vote:
Richard C. Shickle, Chairman
Gina A. Forrester
W. Harrington Smith, Jr.
Lynda J. Tyler
-
Aye Sidney A. Reyes
Nay Margaret B. Douglas
Aye Robert M. Sager
Nay
Nay
Aye
Aye
A COPY ATTEST
J*,R. Riley, Jr.
Frederick County Administrator
I'DRes. 803-03
O.\gaidas'CO\1A1IiNTS�RI'J.ONMG\RGSOLU'fN\Bowman Shucmaku w�xl
Greenway Engineering • June 21, 2002 Bow1o" i/Shoci—aker Companies
October 14, 2002 Rezoning
November 20, 2002
BOWMAN/SHOEMAKER COMPANIES REZONING
Tax Parcel 86-((A))-81
Opequon Magisterial District
Preliminary Matters
Pursuant to Section 15.2-2296 Bt. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #&�
for the rezoning of 10.09 acres from the Rural Areas (RA) District to the Business
General (132) District; development of the subject property shall be done in conformity
with the terms and conditions set forth herein, except to the extent that such terms and
conditions may be subsequently amended or revised by the applicant and such be
approved by the Frederick County Board of Supervisors in accordance with the said Code
and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers
shall be deemed withdrawn and have no effect whatsoever. These proffers shall be
binding upon this applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the land owned by James L.
Bowman being all of Tax Map Parcel 86-((A))-81 and further described in Deed Book
332 Page 340 recorded in the Frederick County Clerk of Courts Office.
A.) Use and Structural Development of Property
1.) The applicant hereby proffers to develop the property for office and commercial
use only and limit the total structural area to 100,000 square feet for the entire
10.09-acre site.
2.) The applicant hereby proffers to develop the 10.09-acre site in two phases. Phase
I will be limited to 5,000 square feet of office space and Phase II will account for
the balance of the proffered total structural square footage for the 10.09-acre site.
3.) The applicant hereby proffers to utilize the existing 3,596-square-foot structure on
the 10.09-acre parcel for office use in Phase I.
4.) The applicant hereby proffers to prohibit any development of office or
commercial use in Phase II until the 10.09-acre parcel is authorized to have public
sewer service.
Pile 113269/I:Aw
Grcemvay Engineering • June 21, 2002 BowITT' i/Shoemaker Companies
October W, 2002 Rezoning
November 20, 2002
5.) The applicant hereby proffers to prohibit the development of the following land
uses on the 10.09-acre site:
Use SIC
Electric, gas and other utility facilities and offices
49
Retail nurseries and lawn and garden supply stores
526
Automotive dealers (excluding gasoline service stations SIC - 5541)
55
Hotels and motels
701
Organizational hotels and lodging
704
Car washes
7542
Miscellaneous repair services
76
Golf driving ranges and miniature golf courses
7999
Membership organizations
86
Self-service storage facilities
-----
Commercial batting cages operated outdoors
-----
Adult care residences and assisted care facilities
-----
Adult retail
-----
B.) Transportation
1.) The applicant hereby proffers to dedicate right-of-way along Fairfax Pike (Route
277) for future road improvements by Virginia Department of Transportation in
accordance with the preliminary engineering documents identified as F.I. Plans,
Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km
east of CL I-81 To: 0.276 km East of Rt. 636; Project 0277-034-103, PE-101, RW
201, C-501.
2.) The applicant hereby proffers to develop a 60' right-of—way from an intersection
with Fairfax Pike to the southern limits of the 10.09-acre parcel as a Phase II
improvement in accordance with the attached Exhibit A, attached to and made part
of these proffers. This right-of-way will be designed and constructed as a part of
the first site plan in Phase II which accesses the 60' right-of-way.
3.) The applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation for the installation of a traffic signal at the
intersection of Fairfax Pike and the 60' right-of-way. This signalization agreement
shall be executed with the Virginia Department of Transportation prior to the
approval of the first site plan in Phase II, which accesses the 60' right-of-way.
4.) The applicant hereby proffers to limit the intersection points with Fairfax Pike to
utilize the existing loop driveway only for the Phase I office development.
5.) The applicant hereby proffers to limit the 10.09-acre site to a total of two
intersection points. The existing loop driveway for the Phase I office development
shall account for one of the intersection points until the connection is severed from
Route 277.
Pile 113269/FAW
2
Greemvay Engineering • June 21, 2002 Bo'On/Shocitaiker Companies
t October lit, 2002 Rezoning
November 20, 2002
6.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive casement
along the Fairfax Pike (Route 277) property frontage for the purpose of allowing
the development of a bicycle facility as identified by the Frederick County
Comprehensive Policy Plan's Bicycle Plan. This casement will be dedicated to the
appropriate entity prior to the construction of the bicycle facility.
7.) The applicant hereby proffers to litnit the development within Phase II to a total of
250 vehicle trips per day (VPD) for that phase until the improvements to Fairfax
Pike are provided in accordance with the preliminary engineering documents
identified as F.I. Plans, Plan and Profile of Proposed State Highway, Frederick
County From: 0.168 lun east of CL I-81 To: 0.276 km East of Rt. 636; Project
0277-034-103, PE-101, RW 201, C-501. A detailed traffic study will be provided
for each site plan proposed in Phase II to ensure that an acceptable level of service
is maintained on Fairfax Pike resulting from the traffic generations from this site.
All traffic studies prepared for site plans within the Phase II development will be
in accordance with the Virginia Department of Transportation's guidelines and
procedures. Development within Phase II will only occur if an acceptable level of
service for Fairfax Pike is proven through the traffic study process.
C.) Lighting
The applicant hereby proffers that all building mounted lights and pole -mounted
lights will be of a downcast nature and shielded and directed away from adjacent
properties surrounding the proposed project. Pole -mounted lights will not exceed 25
feet in height. Lighting plans will be submitted for each site plan in Phase II for
review and approval by the Frederick County Planning Department prior to
installation.
D.) Parking Lot Location and Design
The applicant hereby proffers that all parking lots constructed in Phase II will be
located a minimum of 20 feet from the dedicated Fairfax Pike right-of-way. An earth
berm that is a minimum of three (3) feet in height will be installed within the 20-foot
parking lot setback distance and will be landscaped with evergreen shrubs that are a
minimum of 24 inches in height at the time of planting to create a visual separation
between Fairfax Pike and the parking lots for the office buildings.
E.) Business Signs
The applicant hereby proffers that all freestanding business signs will be
monument type construction and that pole mounted signs will be prohibited. No
monument sign will exceed 15 feet in height or 100 square feet in area for the
message portion of the monument sign.
Pilc #3269/LAW 3
Greenway Engineering
• June 21, 2002
October 14, 2002
November 20, 2002
F.) Monetary Contribution to Offset Impact of Development
Bowfn/Shoeivaker Companies
Rezoning
The undersigned owner of the above -described property hereby voluntarily proffer
that in the event rezoning application # 0 2 is approved, and the property is
subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of
Frederick County, Virginia the following amount:
$ 2,500 for Frederick County Fire and Rescue to be redistributed to Stephens City
Volunteer Fire & Rescue Company for capital facilities costs
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid within ninety (90) days
following approval of the rezoning by the Board of Supervisors.
G.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully Submitted:
By:'_ -
Beverley . hoemaker Date
Commonwealth of Virginia,
City/County of rt� "el lC lC To Wit:
The foregoing instrument was acknowledged before me thisc3�y of A 6 0611( .z'/_
.V bD"�-
by
Notary Public
My Commission Expires
File #3269/EAW
4
MARK D. SMITH
No.022837
a ~
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I DATE: JULY 2. 2002 1
I SCALE: 1"=300' 1
DESIGNED BY:EAN
JOB NO.3289
SHEET I OF 1
Greenway Engineering • June 21, 2002 Bowniohocmaker Companies
October lit, 2002 Rezoning
BOWMAN/SHOEMAKER COMPANIES REZONING
Tax Parcel 86-((A))-81
Opequon Magisterial District
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application 408-02
for the rezoning of 10.09 acres fi•orn the Rural Areas (RA) District to the Business
General (132) District; development of the subject property shall be done in conformity
with the terms and conditions set forth herein, except to the extent that such terms and
conditions may be subsequently amended or revised by the applicant and such be
approved by the Frederick County Board of Supervisors in accordance with the said Code
and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers
shall be deerned withdrawn and have no effect whatsoever. These proffers shall be
binding upon this applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the land owned by .lames L.
Bowman being all of Tax Map Parcel 86-((A))-81 and further described in Deed Book
332 Page 340 recorded in the Frederick County Cleric of Courts Office.
A.) Use and Structural Development of Property
1.) The applicant hereby proffers to develop the property for office and commercial
use only and limit the total structural area to 100,000 square feet for the entire
10.09-acre site.
2.) The applicant hereby proffers to develop the 10.09-acre site in two phases. Phase
I will be limited to 5,000 square feet of office space and Phase II will account for
the balance of the proffered total structural square footage for the 10.09-acre site.
3.) The applicant hereby proffers to utilize the existing 3,596-square-foot structure on
the 10.09-acre parcel for office use in Phase I.
4.) The applicant hereby proffers to prohibit any development of office or
commercial use in Phase II until the 10.09-acre parcel is authorized to have public
sewer service.
5.) The applicant hereby proffers to prohibit the development of the following land
uses on the 10.09-acre site:
Use SIC
Electric, gas and other utility facilities and offices 49
Retail nurseries and lawn and garden supply stores 526
Automotive dealers (excluding gasoline service stations SIC - 5541) 55
File I13269/11Aw
• 0
RECEIV/-ED
FREDERICK COUNTY
PL4""NG & DEVELOPMENT
Greenway Engineering June 21, 2002
Bownio' ' 'hoemaker Companies
October 14, 2002
Rezoning
Use
t �;j�.�'�' �.',IJR"�,,k -Y�
SIC
Hotels and motels
701
Organizational hotels and lodging
704
Car washes
7542
Miscellaneous repair services
76
Golf driving ranges and miniature golf courses
7999
Membership organizations
86
Self-service storage facilities
-----
Commercial batting cages operated outCloors
-----
Adult care residences and assisted care facilities
-----
Adult retail
-----
B.) Transportation
1.) The applicant hereby proffers to dedicate right-of-way along Fairfax Pike (Route
277) for future road improvements by Virginia Department of Transportation in
accordance with the preliminary engineering documents identified as F.I. Plans,
Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km
east of CL I-81 To: 0.276 km East of Rt. 636; Project 0277-034-103, PE-101, RW
201, C-501.
2.) The applicant hereby proffers to develop a 60' right-of—way from an intersection
with Fairfax Pike to the southern limits of the 10.09-acre parcel as a Phase II
impI'ovement In accordance with the attached Exhibit A, attached to and made part
of these proffers. This right-of-way will be designed and constructed as a part of
the first site plan in Phase II which accesses the 60' right-of-way.
3.) The applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation for the installation of a traffic signal at the
intersection of Fairfax Pike and the 60' right-of-way. This slgnalizatlon agIeement
shall be executed with the Virginia Department of Transportation prior to the
approval of the first site plan in Phase I1, which accesses the 60' right-of-way.
4.) The applicant hereby proffers to limit the intersection points with Fairfax Pike to
utilize the existing loop driveway only for the Phase I office development.
5.) The applicant hereby proffers to limit the 10.09-acre site to a total of two
intersection points. The existing loop driveway for the Phase I office development
shall account for one of the intersection points until the connection is severed from
Route 277.
6.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement
along the Fairfax Pike (Route 277) property frontage for the purpose of allowing
the development of a bicycle facility as identified by the Frederick County
Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the
appropriate entity prior to the construction of the bicycle facility.
7.) The applicant hereby proffers to conduct a detailed traffic study in accordance
with the Virginia Department of Transportation's guidelines and pi'oCCCILires for
each site plan proposed for the Phase II. All site plan submissions thereafter shall
Pile 113269/EAw
2
Greenway Engineering June 21, 2002 Bowni'j1T/shocniaker Companies
October 14, 2002 Re .01i�nl�1J 1'LNI�,
include a traffic study update of the original study unless waived by VDOT. Any
improvements deemed necessary by the Virginia Department of Transportation to
maintain a level of service of C or better will be incorporated into said site plans
submissions. These improvements will be paid for by each respective user in
whole or part as deemed necessary by the Virginia Department of Transportation.
These monies are to be used for said improvements and will be made available for
matching funds for any County, State, of Federal programs that are entered Into by
Frederick County to implement the Route 277 improvement project.
C.) Lighting
The applicant hereby proffers that all building mounted lights and pole -mounted
lights will be of a downcast nature and shielded and directed away from adjacent
properties surrounding the proposed project. Pole -mounted lights will not exceed 25
feet in height. Lighting plans will be submitted for each site plan in Phase II for
review and approval by the Frederick County Planning Department prior to
installation.
D.) Parking Lot Location and Design
The applicant hereby proffers that all parking lots constructed in Phase II will be
located a minimum of 20 feet fronn the dedicated Fairfax Pike fight -of -way. An earth
berm that is a minimum of three (3) feet in height will be installed within the 20-foot
parking lot setback distance and will be landscaped with evergreen Shrubs that are a
nlilnimum of 24 inches in height at the time of planting to create a visual separation
between Fairfax Pike and the parking lots for the office buildings.
E.) Business Signs
The applicant hereby proffers that all freestanding business signs will be
monument type construction and that pole rnountcd Signs will be prohibited. No
monument sign will exceed 15 feet in lncight Or 100 square feet in area for the
nnessage portioIn of the monument Sign.
F.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above -described property hereby voluntarily proffer
that in the event rezoning application # 08-02 is approved, and the property is
subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of
Frederick County, Virginia the following amount:
$ 2,500 for Frederick County Fire and Rescue to be redistributed to Stephens City
Volunteer Fire & Rescue Company for capital facilities costs
Pile 113269/1:A\V
3
Gremway Engineering June 21, 2002 Bowmaii/shoeniaker Companies
October 14, 2002 Rezonino
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid within ninety (90) clays
following approval of the rezoning by the Board of Supervisors.
G.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors to the Interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully Submitted:
By: S Q-a 5 D
Beverley B .0
ioemaker Date
Commonwealth of Virginia,
City/County of To Wit: h
The foregoing instrument was acknowledged before me this o�� 1� of b ��
20(gby
Notary Public
My Commission Expires d ��
File 113269/1-AW 4
Greenway Engineering June 21, 2002 Bowman/Shower Companies
Rezonin
�v
BOWMAN/SHOEMAKER COMPANIES RE _
Tax Parcel 86-((A))-81
Opequon Magisterial District
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application-4 A
for the rezoning of 10.09 acres from the Rural Areas (RA) District to the Business
General (B2) District; development of the subject property shall be done in conformity
with the terms and conditions set forth herein, except to the extent that such terms and
conditions may be subsequently amended or revised by the applicant and such be
approved by the Frederick County Board of Supervisors in accordance with the said Code
and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers
shall be deemed withdrawn and have no effect whatsoever. These proffers shall be
binding upon this applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the land owned by James L.
Bowman being all of Tax Map Parcel 86-((A))-81 and further described in Deed Book
332 Page 340 recorded in the Frederick County Clerk of Courts Office.
A.) Use and Structural Development of Property
1.) The applicant hereby proffers to develop the property for office use only and limit
the total building structures to 100,000 square feet for the entire 10.09 acres.
2.) The applicant hereby proffers to develop the office use in two phases. Phase I
will be limited to 5,000 square feet of office space and Phase II will account for
the balance of the proffered total structural square footage for the 10.09-acre
parcel.
3.) The applicant hereby proffers to utilize the existing structure on the 10.09-acre
parcel for office use in Phase I.
4.) The applicant hereby proffers to prohibit any development of office use in Phase
II until the 10.09-acre parcel is authorized to have public sewer service.
B.) Transportation
1.) The applicant hereby proffers to dedicate right-of-way along Fairfax Pike (Route
277) for future road improvements by Virginia Department of Transportation in
accordance with the preliminary engineering documents identified as F.I. Plans,
Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km
east of CL I-81 To: 0.276 km East of Rt. 636; Project 0277-034-103, PE-101, RW
201, C-501.
File #3269/EAW
Greenway Engineering • June 21, 2002 Bowman/Shoe ,,aker Companies
Rezoning
2.) The applicant hereby proffers to develop a 60' right-of—way from an intersection
with Fairfax Pike to the southern limits of the 10.09-acre parcel as a Phase II
improvement in accordance with the attached Exhibit A, attached to and made part
of these proffers. This right-of-way will be designed and constructed as a part of
the first site plan in Phase II which accesses the 60' right-of-way.
3.) The applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation for the installation of a traffic signal at the
intersection of Fairfax Pike and the 60' right-of-way. This signalization agreement
shall be executed with the Virginia Department of Transportation prior to the
approval of the first site plan in Phase II, which accesses the 60' right-of-way.
4.) The applicant hereby proffers to limit the intersection points with Fairfax Pike to
utilize the existing loop driveway only for the Phase I office development and to
limit the Phase II office development to two new intersection points.
5.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement
along the Fairfax Pike (Route 277) property frontage for the purpose of allowing
the development of a bicycle facility as identified by the Frederick County
Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the
appropriate entity prior to the construction of the bicycle facility.
C.) Lighting
The applicant hereby proffers that all building mounted lights and pole -mounted
lights will be of a downcast nature and shielded and directed away from adjacent
properties surrounding the proposed project. Pole -mounted lights will not exceed 25
feet in height. Lighting plans will be submitted for each site plan in Phase II for
review and approval by the Frederick County Planning Department prior to
installation.
D.) Parking Lot Location and Design
The applicant hereby proffers that all parking lots constructed in Phase II will be
located a minimum of 20 feet from the dedicated Fairfax Pike right-of-way. An earth
bean that is a minimum of three (3) feet in height will be installed within the 20-foot
parking lot setback distance and will be landscaped with evergreen shrubs that are a
minimum of 24 inches in height at the time of planting to create a visual separation
between Fairfax Pike and the parking lots for the office buildings.
E.) Business Signs
The applicant hereby proffers that all freestanding business signs will be
monument type construction and that pole mounted signs will be prohibited. No
monument sign will exceed 15 feet in height or 100 square feet in area for the
message portion of the monument sign.
Pile 113269/EAw
2
Greenway Engineering • June 21, 2002 Bowman/Shoei'laker Companies
Rezoning
F.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above -described property hereby voluntarily proffer
that in the event rezoning application # is approved, and the property is
subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of
Frederick County, Virginia the following amount:
$ 2,500 for Frederick County Fire and Rescue to be redistributed to Stephens City
Volunteer Fire & Rescue Company for capital facilities costs
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid within ninety (90) clays
following approval of the rezoning by the Board of Supervisors.
G.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully Submitted:
By:(14"Y" -off
Beverley B. hoemaker Date
Commonwealth of Virginia,
City/,Cour� ity of� To Wit:
The foregoing instrument was acknowledged before me this '6 day of yt 1 -1
200�by J
Y Public
My Commission Expires � �� Notar
File #3269/EAW
3
Greenway Engineering June 21, 2002 Bowman/Shoe*r Companies
Rezoning
BOWMAN/SHOEMAKER COMPANIES REZONING
Tax Parcel 86-((A))-81
Opequon Magisterial District
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #
for the rezoning of 10.09 acres from the Rural Areas (RA) District to the Business
General (132) District; development of the subject property shall be done in conformity
with the terms and conditions set forth herein, except to the extent that such terms and
conditions may be subsequently amended or revised by - the applicant and such be
approved by the Frederick County Board of Supervisors in accordance with the said Code
and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers
shall be deemed withdrawn and have no effect whatsoever. These proffers shall be
binding upon this applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the land owned by James L.
Bowman being all of Tax Map Parcel 86-((A))-81 and further described in Deed Book
332 Page 340 recorded in the Frederick County Clerk of Courts Office.
A.) Use and Structural Development of Property
1.) The applicant hereby proffers to develop the property for office use and limit the
total building structures to 100,000 square feet for the entire 10.09 acres.
2.) The applicant hereby proffers to develop the office use in two phases. Phase I
ra ��
w-
t ill be limited to �,000 square feet of office space ace and Phase II will account for
N the balance of the proffered total structural square footage for the 10.09-acre
p q g
parcel.
3.) The applicant hereby proffers to utilize the existing structure on the 10.09-acre
�r parcel for office use in Phase 1.
0
4.) The applicant hereby proffers to prohibit any development of -office use in Phase
II until the 10.09-acre parcel is authorized to have public sewer service.
P
?y
n f ,lgfpn of No !�
ti,eoE/
B.) Transportation 1, AEf-FX_r,u.t as `-1Is
/�Atia llOPn a i& - 17 ,
1.) The applicant hereby proffers to dedicate right-of-way along Fairfax Pike (Route
277) for future road improvements by Virginia Department of Transportation in
accordance with the preliminary engineering documents identified as F.I. Plans,
Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km
east of CL I-81 To: 0.276 km East of Rt. 636; Project 0277-034-103, PE-101, RW
201, C-501.
File #3269/EAW
`vreenway Engineering • June 21, 2002 Bowman/Shooer Companies
*NSi I Rezoning
4 Z
) The applicant hereby proffers to develop a 60' right-of—way from an intersection
w cv�Q C with Fairfax Pike to the southern limits of the 10.09-acre parcel as a Phase II
k6 improvement in accordance with the attached Exhibit A, attached to and made part
of these proffers. This right-of-way will be designed and constructed as a part of
the first site plan in Phase II which accesses the 60' right-of-way.
3.) The applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation for the installation of a traffic signal at the
intersection of Fairfax Pike and the 60' right-of-way. tion agreement
shall be executed with the Virginia Department o Trans rtation prior to the
approval of the first site plan in Phase II which accesses e of -way.
4.) The applicant hereby proffers to limit the intersection points with Fairfax Pike to
utilize the existing loop driveway only for the Phase I office development and to
limit the Phase II office development to two new intersection points.
5.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement
along the Fairfax Pike (Route 277) property frontage for the purpose of allowing the
d elopment of a bicycle facility as identified by the Frederick County
mom rehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the
�'
P Y Y
�i appropriate entity prior to the construction of the bicycle facility.
o h- r-J C.) Lighting
The applicant hereby proffers that all building mounted lights and pole -mounted
lights will be of a downcast nature and shielded and directed away from adjacent
properties surrounding the proposed project. Pole -mounted lights will not exceed 25
feet in height. Lighting plans will be submitted for each site plan in Phase II for
review and approval by the Frederick County Planning Department prior to
installation.
D.) Parking Lot Location and Design
The applicant hereby proffers that all parking lots constructed in Phase II will be
located a minimum of 20 feet from the dedicated Fairfax Pike right-of-way. An earth
berm that is a minimum of three (3) feet in height will be installed within the 20-foot
parking lot setback distance and will be landscaped to create a visual separation
between Fairfax Pike and the parking lots for the office buildings.
. E.) Business Signs
ff `� he applicant hereby proffers that all freestanding business signs will be monument type
�3'vnstruction and that pole mounted signs will be prohibited. No monument sign will
exceed 15 feet in height.
F.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above -described property hereby voluntarily proffer
that in the event rezoning application # is approved, and the property is
�(, File 93269/EAW 2
Greenway Engineering ` June 21, 2002 Bowman/Shoe er Companies
Rezoning
subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of
Frederick County, Virginia the following amount:
$ 2,500 for Frederick County Fire and Rescue
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid at the time of the issuance of the
first building permit for development within Phase I1.
G.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully Submitted:
Beverley B. Shoemaker
Commonwealth of Virginia,
City/County of
Date
To Wit:
The foregoing instrument was acknowledged before me this day of
2001 by
Notaiy Public
My Commission Expires
File 13269/EAw 3
OUTPUT MODULE
APPLICANT. Bowman/Shoemaker
Net Fiscal Impact
LAND USE TYPE Commercial Costs of
Impact Credit:
Credits to be Take
REAL EST VAL $6,508,838 Required
(entered in
Cur. Budget Cur. Budget Cap.
Future CIP/
FIRE & RESCUE 11 Capital Faciltijes
col sum only)
Oper Cap Equip
Expend/Debt S.
Taxes, Other
Fire and Rescue Department $55,706
Elementary Schools $0
Middle Schools $0
$0
$0
High Schools $0
Parks and Recreation $0
$0
Public Library $0
$0
Sheriffs Offices $0
$3.895
$0
$0
Building $0
$0
!Administration
)ther Miscellaneous Facilities $0
$9,339
$10,311
SUBTOTAL $55.706
$13,234
$10,311
$0
LESS: NET FISCAL IMPACT
$4,577,622
NET CAP. FACILITIES IMPACT
Total Potential
Adjustment For
Tax Credits
Revenue-
Net Capital
Net Cost Per
(Unadjusted)
Cost Balance
Facilities Impact
Dwelling Unit
$0
$0
$55,706
ERR
$0
$0
$0
ERR
$0
$0
$0
ERR
$0
$0
$0
ERR
$3.895
$3,895
$0
ERR
$0
$0
$0
ERR
$19,650
$19.650
$0
ERR
$23,545
$23,545
$32,161
ERR
$4,577,622
$4.577,622
$4.577.622
ERR
sol
F RR
INDEX: "1.0" If Cap. Equip Included: 1.0
INDEX: '1.0' if Rev -Cost Bal, '0 0' rf Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000
PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342
METHODOLOGY 1.
Capital- facilities requirements are input to the first column as calculated in the model.
2.
Net Fiscal Impact NPV from operations calculations is input in row total of second column
(zero if negative): included are the one-time taxes/fees for one year only at full value.
3.
NPV of future oper cap equip taxes paid in third column as calculated in fiscal impacts.
4.
NPV of future capital expenditure taxes paid in fourth col as calculated in fiscal impacts.
5.
NPV of future taxes paid to bring current county up to standard for new facilities, as
calculated for each new facility.
6.
Columns three through five are added as potential credits against the calculated capital
facilities requirements. These are adjusted for percent of costs covered by the revenues
from the project (actual, or as ratio to avg. for all residential development).
,AMOTE: Proffer calculations do not include interest because they are cash payments up front. Credits do include interest if the projects are debt financed
NOTES: Model Run Date 07/12/02 JFC
Project Description: Assumes 100,000 sq ft. of retail use on 10 09 acres zoned 82 District
Property Identification Number (PIN) 86-A-81
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.
2001 MODEL
t �
Rezoning Comments
Frederick County Fire Marshal
Mail to:
Frederick County Fire Marshall
Attn: County Planner
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-6350
Hand deliver to:
Frederick County Fire & Rescue Dept.
Attn: Fire Marshal
County Administration Bldg., 1" Floor
107 North Kent Street
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the
Frederick County Fire Marshall with their review. Attach a copy of your application form,
location map, proffer statement, impact analysis, and any other pertinent information.
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: 500 Fairfax Pike; south side of Fairfax Pike, approximately 800 feet east
of the intersection with Double Church Road.
Current zoning: RA District Zoning requested: B2 District Acreage: 10.09
Fire Marshal's Comments:
Fire Marshal's Signature & Date:
Notice to Fire Marshal — Please Returh This Form to the Applicant
ec e- 0
/G 4-0C G.
Frederick CountyFireand Rescue
rr
4;
Office of the Fire.`Marshal ;� `� �,'
,
Plan`Review and Comments
Control number
Date received Date reviewed Date Revised
RZ02-001OR
10/30/2002 10/30/2002 10/29/2002
Project Name
Applicant
Bowan -Shoemaker Co. Rezoning
Greenway Engineering
Address
City State Zip Applicant Phone
151 Windy Hill Lane
Winchester VA 22602 540-662-4185
Type Application
Tax ID Number Fire District Rescue District
Rezoning
86-A-81 11 11
Current Zoning
RA
Automatic Sprinkler System
No
Other recommendation
Emergency Vehicle Access
Adequate
Siamese Location
Not Identified
Recommendations
Automatic Fire Alarm System
Yes
Requirements
Hydrant Location
Not Identified
Roadway/Aisleway Width
Not Identified
Election District
Opequon
Residential Sprinkler System
No
Fire Lane Required
Yes
Special Hazards
No
Emergency Vehicle Access Comments
Fire and rescue apparatus access must be maintained at all times. Fire LaneNo Parking signs required at fire hydrants,
and normal and emergency access points
Access Comments
Additional Comments
Fire hydrants are required within 300 feet of all points of any commercial building. Hydrants shall be
placed within 3 feet of the curbline.
Plan Approval Recommended Reviewed By Signature
Yes Timothy L. Welsh Title
Rezoning Comments 0
Frederick -Winchester Heal�thDepartment
iiiaaiiii iiiaa�ziiii�✓aaiiiOM=
Mat to:
Frederick -Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Winchester, Virginia 22601
(540) 722-3480
41Ci�- CO,G
4 �
w
1734
Hand deliver to-
Frederick- Winchester Health Department
Attn: Sanitation Engineer
107 North Kent Street
Suite 201
Winchester, Virginia
Please fill out the information as accurately as possible in order to assist the agency with their
review. Attach a copy of your application form, location map, proffer statement, im act
analysis, and any other pertinent information. p
Applicants Name: Greenway Enaineerina
Address: 151 Windy Hill Lane
Winchester VA 22602
Phone Number: 540-662-4185
Location of property: 500 Fairfax Pike; south side of Fairfax Pike; approximately 800 feet east
of the intersection with Double Church Road.
Current Zoning: RA District Zoning Requested: B2 District
Acreage 10.09
Frederick -Winchester Health Department's Comments:
-9�- I V-ZZA. t/ "d 0, . ,
Superintendent's Signature & Date:
Notice to Health Department - Please Return This Form to the Applicant
8- 2-02;10:42AM;
GreenWoy
Enpine540 984 5607 # 1/ 3
0
Phlllp A. Shucet
COMMISSIONER
COMMONWEALTH of VIRGINIA
Mr. Evan A. Wyatt, AICP
C/O Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
EDINBURG, VA 22824
August 2, 2002
Ref: Bowman/Shoemaker Companies Rezoning Application
Parcel 86-((A))-81
Route 277, Fairfax Pike
Frederick County
Dear Evan:
JERRYA. COPP
RESIDENT ENGINEER
TEL (540) 984-5600
FAX (540) 984-5607
A VDOT review has been completed on the parcel rezoning application dated
July 3, 2002 (received July 3, 2002) for the referenced project.
We do think the proffers offered address transportation concerns. However, if the
proposal assumes the Route 277 project referenced in the body of the rezoning
application to be in place prior to build out of the outlined phases of proposed site
usage, our concern would be that the contingent need for left turn lane and tapers to
access the site may be difficult to achieve in the available right-of-way and the length of
left turn lane and tapers extending possibly 800' each direction from proposed access
location in the event the Route 277 project were not in place at build out of site plan.
If there are any questions or concerns, please call.
Sincerely,
Barry J. Sweitz , ns. oa +1E
r
For: Steven A. Melnikoff, Transpeer
Enclosures <<_>.
xc: Mr. Dave Heironimus, Mr. Jeremy Camp r
VirginiaDOT.org
WE KEEP VIRGINIA MOVING
8- 2-02;10:42AM;
Greenway
0
Enalneer;540 984 5607 it 2/ 3
0
Philip A. Shucet
COMMISSIONER
COMMONWEALTH ®f VIRC-j]INI A
DEPARTMENT OF TRANSPORTATION
EDINBURG RESIDENCY
14031 OLD VALLEY PIKE
EDINBURG, VA 22824
August 2, 2002
VDOT Comments to
Bowman/Shoemaker Companies
Rezoning Application
JERRYA. COPP
RESIDENT ENGINEER
TEL (540) 984.5600
FAX (640)984.5607
The documentation within the application to rezone this property appears to have
significant measurable impact on Route 277, Fairfax Pike. This Is the VDOT
roadway which has been considered as the access to the property referenced.
VDOT is satisfied that the transportation proffers offered in the
Bowman/Shoemaker Rezoning application dated July 3, 2002 addresses
transportation concerns associated with this request, However, see attached letter
from VDOT to Greenway Engineering dated August 2, 2002.
Before development, this office will require a complete set of construction plans
detailing entrance designs, drainage features, and traffic flow data from the I.T.E.
Trip Generation Manual, Sixth Edition for review. VDOT reserves the right to
comment on all right-of-way needs, including right-of-way dedications, traffic
signalization, and off -site roadway improvements and drainage. Any work
performed on the State's right-of-way must be covered under a land use permit.
This permit is issued by this office and requires an inspection fee and surety bond
coverage.
Thank you for allowing us the opportunity to comment.
Steven A. Melnikoff, Transpo Ion Engineer
VirginlaDOT.org
WE KEEP VIRGINIA MOVING
8- 2-02;10:42AM; Greenway Englneer;540 984 5607 # 3/ 3
Rezoning Continents
�
Virginia Department of Transportation
Mail to:
Virginia Department of Transportation
Attn: Resident Engineer
14031 Old Valley Pike
Edinburg, Virginia 22824
(540) 984-5600
Hand deliver to:
Virginia Department of Transportation
Attn: Resident Engineer
1550 Commerce Street
Winchester, Virginia
Applicant's Name: Greenwav Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: 500 Fairfax Pike: south side of Fairfax Pike, approximately 800 feet east
of the intersection with Double Church Road.
Current zoning: RA District Zoning requested: B2 District Acreage: 10.09
Virginia Department of Transportation Comments:
See attached comment and letter dated August 2, 2002 from VnOT to
Greenwav Engineering.
VDOT Signature & Date:
Notice to VDOT — Please Return This Form to the Applicant
•
0
Rezoning, Comments
IX
Fire and Rescue Company
,tame of Fire & Rescue Companv:
Stephens City Fire & Rescue Company
Address & Phone
P.O. Box 253
Steplens City, VA 22655
369-4576
Applicant: Please fill out the information as accurately as possible in order to assist the
Fire and Rescue Squad with their review. Attach a copy of your application form, location map,
proffer statement, impact analysis, and any other- pertinent information.
Applicant's Name
Mailing Address:
Location of Property
Greemvay 1,rigineerint;
l51 Windv Hill Lanc
Winchester. VA 22602
Telephone: 540-062-4185
500 Fairfax Pike: south side of Fairfax Pike. approximated 800 feet east
intersection with Double Church Road
Current zoning: RA District Zoning requested: 132 District Acreage: 10.09
�y
I
Based on the changes made to the Impact on Development, specifically to Stephens City
Fire and Rescue, we do not have any problems with the rezoning of the aforementioned
Property. If you should have any questions, please do not hesitate to contact me.
Fire & Rescue Company's ?/-7—
S �?-
Si�znaturc & DaLe:
GregoryL. Locke, Fire and Rescue Chief
Notice to Firt? & Rescuk, Cunt an - Please Return This Form to (lie, NpOic:.arlt:
Frederick' C-94.0 t di re
t t 1 I!
•' - t t s t )$ i t l I{ 1�'- 7 s} 1
Dep�lr�ment
office of the Fj a illlarsal' ti'r't 1 i'r
a
IMP v1' W;An Comments Y t ` '
Control number Date received Date reviewed Date Revised
RZ02.0010 07/03/2002 07/09/2002
Project Name Applicant
Bowman-Shoomakor Companies Greenway Engineering
Address City State Zip Applicant Ph
151 Windy Hill Lane Winchester VA 22601 540-662.4185
Type Application Tax ID Number Fire District
rezoning 86-A-86 11
Current Zoning
RA Recommendations
Automatic Sprinkler System Automatic Fire Alarm Syste
Yes Yes
Other recommendion
Fire extinguishers, smoke detectors
Emergency Vehicle Access
Not Identified
Siamese Location
Not Identified
Requirements
Hydrant Location
Not Identified
Roadway/Aisleway Width
Not Identified
Rescue District
11
Election District
Opequon
Residential Sprinkler System
No
Fire Lane Required
Yes
Special Hazards
No
Emergency Vehicle Access Comments
Fire and rescue apparatus access must he maintained at all times. Fire Lane No Parking
signs required at fire hydrants, and normal and emergency access points.
Access Comments
Additional Comments
Fire hydrants are required within 300 feet of all points of any commercial building. Hydrants shall be
placed within 3 feet of the curbline.
Plan Approval Recommended Reviewed By Signiture
Yes K. Steudl
Title
•
urpA
y ov
a
Rezoning Continents
;:.�:. F.:.r! i�, ri.v �., rs i/., rid/i�;q: rri..!.F.!.�i �!� i%'! {i!�.: i; .; :.:/::.�: i;'/..•:l'/::'
...,,,,,,.,.,,i;is:i;z:::..,,.,,.,,.,,,,,,,,;;).,...,,,,.,.,.,iL;•/i/n,GG/,,,/..,,/i,,,/.,,,.,//„!;,:i}:':;L;.LYi.. a.,..,,,,;.,, �;�/..,✓/ .,
Historic Resources Advisory Board
Mail to: JUL. (, j Z002 Hand deliver to:
Frederick County Frederick County
Department of Plannnnc, &7 Development,_ Department of Planning &Development
107 North Kent Street --' `"� Cy '�- IT Co. Administration Building) 4`t' Floor
Winchester, Virginia, 22601
(540) 665-5651
107 North Kent Street
Winchester, Virginia
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: 500 Fairfax Pike; south side of Fairfax Pike, approximately 800 feet east
of the intersection with Double Church Road.
Current zoning: RA District Zoning requested: B2 District Acreage: 10.09
Advisory Board Comments:
Signature & Date: �(I� ��� n n "
i
Notice to Advisory Board — Please Return This Form to the Applicant
L�
July 25, 2002
Mr. Evan A. Wyatt, AICP
Greenway Engineering
1 5 1 Windy Hill Lane
Winchester. VA 22602
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
RC: Request for Historic Resources Advisory Board (HRAB) Comments
Bowman - Shoemaker Companies Rezoning Application
Dear Evan:
Upon review of the proposed rezoning, it appears that the proposal does not significantly impact
historic properties and it is not necessary to schedule a formal review of the rezoning application by
the HRAB. As you have indicated in your impact statement, according to the Rural Landmarks
Survey, there are no significant historic structures located on the property nor are there any possible
historic districts in the vicinity. It can also be noted that the National Park Service Study of Civil War
Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning
would directly impact.
Thank you for the chance to comment on this application. Please call if you have any questions or
concerns.
Sincerely.
4
Rebecca Ragsdale
Planner I
RAR/kac
U:' COM N1ITFEGS\H RAB'Cominems�Shoemaker.wpd
•
107 North Kent Street - Winchester, Virginia 22601-5000
Rezoning Comments
ii'r.:':::r:.;;:�{ni:!.iii:4:%r{,ry{:�.%ir�rrii::•: f�.., .x: :1%'r:.%r: •.w{:.w: :::i v:::.:•w:,:.i
��•':�%�:<.�.:.:::r::1:;i..,.:...:::;:;�:�5::� :.:/..:. .:r.� �1:. •. / /,:: .:r:: ....�,i.,,.:.x�•%�::ur.�af%%r<r��:r::: r:
:::y:�%.,.:..:.:... •:./.1�:.1�//i.:1i.r.. ram,.... 1. !� :. n.. .i..... .f� .
r
.:Y.%.,....,........,.,.,,,.�:',•":,...�3�%�......:,r.,..:./f��l/./�.ur/,�/...,..,iril/,��r`i.:%ii':.r...�/.r9/,�lrim:.u::.�,%:i:ii:,..r//,.,,.!!:
Frederick County Sanitation Authority
Mail to:
Frederick County Sanitation Authority
Attn: Engineer
P.O. Box 1877
Winchester, Virginia, 22604
(540) 868-1061
Hand deliver to:
Frederick County Sanitation Authority
Attn: Engineer
315 Tasker Road
Stephens City, Virginia
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: 500 Fairfax Pike, south side of Fairfax Pike, approximately 800 feet east
of the intersection with Double Church Road.
Current zoning: RA District Zoning requested: B2 District Acreage: 10.09
Sanitation Authority Continents:
Sanatation Authority Signature & Date:
r
Notice to Sanitation Authori� Please Return This Form to the Applicant
Rezoning Conunents •
:;:r.i::....r.i..,;:,.•:..:.5':;":;<;4:i.�hi%�:/i iir,../..�.�/� vi,'i%ir i:�;;:;'%i/%�i����'"4�Y%:i�i;�/�yi
✓�/,'/:;rr,�;;i,4;.nir,.,`>Ln;;;,,n,:ni �i.'.%:/i.':%:;i/,2ii's: �;iii/ �;i/„ia / � ;�// �d� .:// /i,/ ;;.:i %�/ i/�/��i„%/i///iir, ,f./, /i�ii,
Frederick —Winchester Service Authority
Mail to:
Fred-Winc Service Authority
Attn: Jesse W. Moffett, Executive Director
P.O. Box 43
Winchester, Virginia 22604
(540) 722-3579
Hand deliver to:
Fred-Winc Service Authority
Attn: Jesse W. Moffett
107 North Kent Street
Winchester, Virginia
Applicant's Name: Greenway EnQineerina Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: South on Route 277 (Fairfax Pike), approximately 800 feet east of the
intersection of Route 277 and Route 641 (Double Church Road)
Current zoning: RA Zoning requested: B2 Acreage: 10.09
Fred-Winc Service Authority's Comments:
oo coranimt5 (10 w-acemS
Fred- Wine Service Authority's
Signature & Date: Lt�w` 7 30( d2-
Notice to Fred-Winc Sez-vic Authority — Please Return This Forin to the Applicant
•
Rezoning Comments
::r:r,;,i:%!!!.>:%.%!.r.ro;y,.;!:;>:n;,r...�:!: �.;:r..rv.%,•: ry '/•J'%!i%r.'/r!�;n�!.>:.:!r!r.;:r.r�%..i.%r..;iG:�/Jr.%ir.%/'rr%/%'.`i"/'1i{.r /n;i ;`:%i. :.:.%,,.!:,r,:rr
i. i�..... i..i ifr:.,r:/f'/:iii
Frederick County Attorney
Mail to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-6383
Hand deliver to:
Frederick County Attorney
Co. Administration Bldg., Suite 202
107 North Kent Street
Fourth Floor
Winchester, Virginia
(540) 665-5651
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: 500 Fairfax Pike: south side of Fairfax Pike, approximately 800 feet east
of the intersection with Double Church Road
Current zoning: RA District Zoning requested: I32 District Acrcage: 10.09
County Attorney's Comments:
i
Al-C e i w
Assistant County Attorney's 7
Signature & Date: 0a,
��
Notice to County Attorney — lease Return This form to the Applicant
03-
4'
Rezoning Comments • •
�!.'l.!r,.'r.!+1,.?� �!%!? �.'%%%i%/,.1.%fll/.f/%/?!�%i%/: %' %%f %%'/,' / , ii/ ri ! i r r ;.i/✓.i;'; ii. i rli rii/••{,iir� r r rii/',i f rY r' / r;%
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., 4"' Floor
107 North Kent Street
Winchester, Virginia
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy IIill Lane
Winchester, VA 22602
Location of property: 500 Fairfax Pike; south side of Fairfax Pike, approximately 800 feet east
of the intersection with Double Church Road.
Current zoning: RA District Zoning requested: B2 District Acreage: 10.09
Department of Public Work's Comments:
IiVP
Public Works Signature & Date: �� C� lam✓ t-� %J%O��
O
Notice to Dept. of Public Works — Please Return This Form to the Applicant
Rezoning Coimnents •
i%.;//�/:/i%•::`:�.'i':.%:?>',':�:�:'/.:%j/:`./. it// . •%F/: iir ,i!<%ir,.i;:::' .�� /�/� ��! /.�/�/u.!,f�i/'i'i/i� %!: %,/���r//
!:�/,..!% nn�..r„/orr/.•, fr.!,/.:..i l:/f./////;/�/,:nn/nun//.../i n/�,/�jj/// j�j/�/r%��:i.r /iiii vi'/ /✓f/./.� rr� %�/�r�//„////�ii %'.
Frederick County
Department of Planning and Development
Mail to:
Department of Planning and Development
Attn: County Planner
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-5651
Hand deliver to:
107 North Kent Street
Fourth floor
Winchester, Virginia
(540) 665-5651
Applicant's Name: Greenway Engineering Telephone: 540-662-4185
Mailing Address: 151 Windy Hill Lane
Winchester, VA 22602
Location of property: 500 Fairfax Pike,• south side of Fairfax Pike, an roxjmatqjy;8QQ' feet east
of the intersection with Double Church Road
;,EFT, OF FLP,;��\I `dG,'DFVELOPWENTI
Current zoning: RA District Zoning requested: I32 District Acreage: 10.09
Planning Departinent Coinments:
Superintendent's Signature & Date:
Notice to Planning Departinent — Please Return This Form to the Applicant
OUTPUT MODULE
APPLICANT: PIN 86-A-81
Net Fiscal Impact
LAND USE TYPE Office
Costs of Impact Credit: INPUT MODULEACredfts to be Taker
Total Potential
Adjustment For
REAL EST VAL $10,000.000
Required (entered In Cur. Budget Cur. Budget Cap. Future CIP/
Tax Credits
Revenue-
Net Capital
Net Cost Per
FIRE & RESCUE: 11
Capital Faciltlles col sum only) Oper Cap Egulo Expend/Debt S. Taxes, Other
IUnadiustedl
Cost Balance Facilities Impact
Dwelling Unit
Fire and Rescue Department
$65,600
$0
$0
$65,600
ERR
Elementary Schools
$0
$0
—
$0
—
$0
ERR
Middle Schools
$0 $o $0
High Schools
$0
$0 $0
$0
$0
$0
ERR
Parks and Recreation
$0
$0
$0
$0
ERR
Public Library
Sheriffs Offlces
$0
$0 $3,180 $0 $0
$3,180
$3,180
$0
ERR
Administration Building
$0 $0
$0
$0
$0
ERR
Other Miscellaneous Facilities
$0 $36,873 $7,420
$44,292
$44,292
$0
ERR
SUBTOTAL
$65,600 $40.053 $7,420 $0
$47,473
$47,473
$18,127
ERR
LESS: NET FISCAL IMPACT $1,773,667
$1,773,667
$1,773,667
NET CAP. FACILITIES
IMPACT
Lip
INDEX: "1.0" If Cap. Equip Included: 1.0
INDEX: "1.0" If Rev -Cost Bal, "0.0" If Ratio to Cc 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 06/25/02 ERL
P.I.N. 86-A-81 Rezoning: Assumes 10 acres zoned B2, with a maximum of 100,000 sq ft of 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.
0
L]
IMPACT STATEMENT
BOWMAN/SHOEMAKER
COMPANIES REZONING
Opequon District
Frederick County, Virginia
TM 86-((A))-81
10.09 Acres
June 24, 2002
Current Owner: Beverley Shoemaker
Contact Person: Evan A. Wyatt, AICP
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
540-662-4185
Greenway Engineering • June 24, 2002 Shoemaker Global-Ieadquarters
Rezoning
SHOEMAKER GLOBAL HEADQUARTERS REZONING
INTRODUCTION
This report has been prepared for the purpose of assessing the impact on Fredrick County
by the proffered rezoning of a 10.09-acre parcel owned by Beverley Shoemaker. The
subject site is located on the south side of Route 277 (Fairfax Pike), and Approx. 800 ft.
east of the intersection of Route 277 and Route 641 (Double Church Road). The current
zoning is RA, Rural Areas District. The applicant proposes to rezone the property from
RA to B2 (Business General).
Basic information
Location:
Magisterial District:
Property ID Numbers:
Current Zoning:
Current Use:
Proposed Use:
Proposed Zoning:
Total rezoning area:
Proposed build -out:
COMPREHENSIVE PLAN
1. Policy
South of Route 277 and east of the Intersection of
Route 277 & Route 641
Opequon
86-((A))-81
RA
Residential
Business General
B2
10.09 acre
100,000 square feet office
The Land Use Chapter of the Comprehensive Policy Plan does not include a wide -
area development plan for this geographic area of the Cotmty; however, the Fairfax
Pike corridor has been a developing corridor over the past fifteen years. Land uses
within the immediate area of the subject property include many residential
subdivisions, several commercial sites including a shopping center, the Sherando
High School and the Sherando Regional Park. The business area strategies within the
Land Use Chapter of the Comprehensive Policy Plan call for the provision of
locations for substantial expansion of retail, service and office use in the County with
safe and efficient access. The business area strategies call for the development of
major business developments on arterial corridors that provide for design, layout,
function and appearance of the corridors.
2
Greenway Engineering June 24, 2002 Shoemaker Global Headquarters
Rezoning
2. Sewer and Water Service Area
The 10.09-acre property is located adjacent to the Sewer and Water Service Area
(SWSA). Currently, the SWSA boundary includes all properties on the north side of
Fairfax Pike from Interstate 81 Exit 307 to White Oak Road (Route 636) and all
properties on the south side of Fairfax Pike from Interstate 81 Exit 307 to Double Church
Road (Route 641). Recently, the Board of Supervisors adopted an expansion of the
SWSA to include additional properties on the south side of Fairfax Pike just to the east of
the subject property, including the Sherando High School property, the Sherando
Regional Park property and several residential parcels along Hudson hollow Road
(Route 636). A request to include the subject property into the SWSA is currently under
consideration by the Board of Supervisors
3. Frederick County Zoning Ordinance
Article X, Business and Industrial Zoning Districts, provides a statement of intent for
each category of business and industrial zoning for Frederick County. The statement of
intent for the B2, Business General District is to provide large areas for a variety of
business, office and service land use located on arterial highways at major intersections
and interchange areas. These areas are intended to provide direct access to major
thoroughfares for the general public and delivery truck traffic. The direct access to major
thoroughfares is intended to be controlled to promote safe and orderly development for
properties with adequate frontage and depth.
A. SUITABILITY OF THE SITE
A crP.q.
The subject site, tax parcel 86-((A))-81, has approximately 1,000 feet of frontage on
Fairfax Pike (Route 277). The existing structure on the subject property has direct access
to Fairfax Pike through a looped "horseshoe" driveway. This existing driveway is
intended to serve the Phase I office development. The Phase II office development will
be limited to access through one commercial entrance to the west of the existing loop
driveway and through access off of a proposed 60-foot road system which will intersect
with Fairfax Pike• and proceed in a southwestern direction through the limits of the
subject property. Traffic signalization will be proposed at the intersection of Fairfax Pike
and the 60-foot road system to facilitate Phase II traffic movement
Flnod Plnim
The subject property is located on the FEMA National Flood Insurance Plan Map
#510063-0200-B. The entire site is located as "Zone C", area outside the 100-year flood
plain.
3
Greenway Engineering • June 24, 2002 Shoemaker Global Headquarters
Rezoning
We lnndc
The National Wetlands Inventory Map indicates that no wetlands exist on the subject
property.
Steep Slope
The subject property does not contain areas of steep slope.
Maine Woodlands
The subject property does not contain woodland areas.
Soil Types
The following soil types contained in this tract have been obtained from the Soil Survey
of Fredrick County, published by the USDA Soil Conservation Service.
The subject site is located on map sheet number 47, and contains one soil type:
313- Blairton silt loam — 2-7 percent slope, covers 100% of site. This soil type is
identified in Table 5 — Prime Farmland on page 123 of this document. This soil type will
not create construction difficulties or hazards.
B. SURROUNDING PROPERTIES
Adjoining property zoning and present use (see existing zoning map):
North: Zoned RP, Residential Performance District
Zoned Ml, Light Industrial District
South: Zoned RA, Rural Areas District
East: Zoned B2, Business General District
West: Zoned M2, Industrial General District
Residential
Industrial
Residential
Undeveloped Commercial
Heavy Commercial & Office
11
Greenwa Engineering June 24, 2002 Shoemaker Global Y n Headquarters
g g
Rezoning
C. TRAFFIC IMPACT
1. According to the VDOT Functional Classification located in the Transportation
Chapter of the Frederick County Comprehensive Policy Plan, Route 277 is classified
as a minor arterial road. The proposed change in zoning will provide the opportunity
for the existing structure to change its form of operation to an accepted B2 Zoning
classification style of business for the Phase I development limit of 5,000 square feet,
and will provide for the future use of the subject property during the Phase II
development which proffers a maximum build out of 100,000 square feet.
Page 7 of the 2000 Virginia Department of Transportation Daily Traffic Volumes
Manuel identifies an average daily traffic volume of 11,000 vehicle trips on Fairfax
Pike between Interstate 81 Exit 307 and White Oak Road (Route 636). The Institute
of Transportation Engineers Trip Generation Manual provides traffic generation
information for general office use as follows:
Route 277 Traffic = 11,000 VPD
Average Vehicle Trips = 11.01 VPD'
Square Footage of Business = 5,000 sq.ft. (Phase I)
= 95,000 sq.ft. (Phase II)
= 100,000 sq.ft. total build out
Projected Traffic = 55VPD (Phase I)
= 1,046 VPD (Phase II)
= 1,101 VPD total build out
Percentage of D-aff c Increase for• Route 277 Daily Ti•aff c Volume = 0.5% (Phase I)
= 9.5% (Phase II)
= 10% build out
'This figure is in accordance to the I.T.E., Trip Generation Manual, 6"' Edition, and is
projected for a general business office, as per 1000 Sq. Feet Gross Floor Area, on a
weekday (page 1052 in the manual).
The Phase I development limit of 5,000 square feet creates a negligible increase in the
average daily traffic volume on Fairfax Pike. The Phase II development has proffered
conditions which offer a 60' access road connection to Fairfax Pike at a signalized
intersection. These improvements reasonably mitigate the increased average daily
traffic volume increase on Fairfax Pike that will occur over time
D. SEWAGE AND CONVEYANCE TREATMENT & WATER SUPPLY
The subject site is located adjacent to the southern boundary of the Sewer and Water
Service Area (SWSA) located on Fairfax Pike (Route 277). An 8" sewer main is
currently in place on the north side of Fairfax Pike directly across from the subject
property. An 8" sewer main also exists on the south side of Fairfax Pike to the west of
5
Greenway Engineering June 24, 2002 Shoemaker Globa I-leadquarters
Rezoning
the subject property that serves the Rite Aid parcel. A 12" water main is currently in
place on the south side of Fairfax Pike which provides water service to the subject
property.
The impact of this proposed rezoning of the 10.09-acre parcel from RA to B-2 on sewage
conveyance and water supply, is based on the square footage of the proffered office use
being 100,000 sq. ft. Design figures show an estimated 200 GPD, for both the sewer and
water systems, per 1,000 square feet of ultimate floor space (These numbers are in
reference to the Land Development Handbook, Dewberry & Davis, 1996, page 461). The
figures below represent the impact that the total build out of the proffered square footage
of office use has on the sewage conveyance and water supply systems.
Q = 200 GPD per 1,000 Sq. Ft.
Q = 200 GPD x 100 (1,000 sq. ft.)
Q = 20,000 GPD
The numbers clearly represent that the total development of the subject property will
have a minor impact on the sewage conveyance system and water supply systems. The
Phase I development will utilize the existing public water supply and the existing sewage
septic system for the proffered office square footage, while the proffered 95,000 square
feet of office use in Phase II will be developed in conjunction with public sewer.
E. DRAINAGE
The subject property drains from south -to -north towards Fairfax Pike. The Phase I office
development will not require the need for stormwater management facilities as the
current acreage adequately handles the runoff from the existing structure. The Phase II
office development will be designed in accordance with all applicable state and local
stormwater management requirements for detention and erosion and sedimentation
control.
F. SOLID WASTE DISPOSAL
The impact on solid waste disposal facilities can be projected from an average annual
business consumption of landfill volume of 5.4 cubic yards per 1,000 sq ft. of business
floor space (This number can be found in the Civil Engineering Reference Manual, 4`h
edition).
DV = 5.4 Cu. Yd. per 1,000 sq. ft.
DV = 5.4 Cu. Yd. x 100 (1,000 sq. ft.)
DV = 540 Cu. Yd.
The proposed business parcel will have a minimal impact landfill use.
G
Greenway Engineering • June 24, 2002 Shoemaker Global Headquarters
Rezoning
G. HISTORICAL SITES AND STRUCTURES
The Rural Landmarks Survey Report for Frederick County, Virginia Phase I -III, 1988-
1992 identifies several structures within the proximity of the subject property that were
inventoried. None of the inventoried structures were deemed to be historically
significant; therefore, none of the structures were included on the list of Potentially
Significant Properties found on page 248-249 or on the list of Sites Potentially Eligible
for the State or National Register of Historic Places found on page 250 of this report.
The subject property is not located in or within the proximity of Possible Historic
Districts identified in Chapter 2 — History of the Frederick County Comprehensive Policy
Plan found on page 2-10.
H. IMPACT ON COMMUNITY FACILITIES
The County's Capital Facilities Fiscal Impact Model has been prepared for the proposed
rezoning of the 10.09-acre site based on a proffered maximum square footage of office
use. The revenues received for capital facilities costs are significant and offset all
impacts to county services. The applicant has proffered a monetary contribution for fire
and rescue services due to the net capital facilities impact demonstrated by the model.
This monetary contribution exceeds the percentage of the net capital facilities impact to
revenues which should adequately address any impact to fire and rescue services.
7
•
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11
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PROPOSED
60' R.O.W.
RK D. SMITH
No, 022837—
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ZONING LEGEND
RA
RURAL AREAS DISTRICT
z
RP
RESIDENTIAL PERFORMANCE DISTRICT
2
0
R4
RESIDENTIAL PLANNED COMMUNITY
R5
RESIDENTIAL RECREATIONAL COMMUNITY
MHI
MOBILT HOME COMMUNITY DISTRICT
Ell
NEIGHBORHOOD BUSINESS DISTRICT
82
BUSINESS GENERAL DISTRICT
DATE: JULY
2, 2002
83
INDUSTRIAL TRANSITION DISTRICT
MI
LIGHT INDUSTRIAL DISTRICT
SCALE: 1'-300'
M2
INDUSTRIAL GENERAL DISTRICT
DESIGNED BY:EAW
EN EXTRACTIVE MANUFACTURING DISTRICT
HE
HIGHER EDUCATION DISTRICT
JOB NO.3269
SHEET 1
OF I
M/I
62 BOWMAN
86 A 82
M2
NEFF, E. R., INC.
86 A 77
RA
ATHEY
86 A 86
M1...
ATHEY
1 M1
BOWMAN
86 A 81
RA
ORNDORFF
86 A 78
RA
wgetown Colxt / RP
HOA RP ��, RP
86C 2 to WHITACRE P r
RP 86 A 89 PRE
EI
! 3
1 RP
10
FRUIT LIMITED
PARTNERSHIP
86 A 80
B2
W
86 A 81
REZ # 08 - 02
Location Map For:
Bowman / Shoemaker
Properties
PIN:
86-A-81
0 70 140 Feet
mw==%�
Aug. 20, 2002
T A X R E C E I P T
FREDERICK COUNTY
- Y E A
R 2 0 0 2
Ticket
#:00027480001 Q(�
C. WILLIAM ORNDOFF, JR
Date
5/31/2002
P.O. BOX 225
Register: LBX/JK
Trans.
#: 81889
WINCHESTER VA 22604-0225
Dept #
RE200201
ACCT#
2SS73
2002 REAL ESTATE TAXES
10.09 ACRES
86 A
81
Previous
Acres:
10.09
Balance $
1259.96
Land: 10050Q
Imp:
Principal Being Paid $
312600
1259.96
Penalty $
.00
BOWMAN, JAriES L
Interest S
.00
Amount Paid $
1259.96
448 FAIRFAX PIKE
*Balance Due
STEPHENS CITY VA
as
of 5/31/2002S
.00
22655 2969
Pd by
ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE)
10
0
1889 '
FLOYD E. ORNDORFF, EXOR.,,ET AL`3
TO: :: DEED
JAMF.3 L. BOWMAN, ET UX
**II**************
DELIVERED TO: 7
DATE
5-25-67
M & B:dj
0312
PETER K. MCK99
BWJAMIN M. BUTL[R
ATTOCNCre AT I.AM
pINCHC1TCR- '100INIA
229.,
i
KCE
. I .
THIS DEED made and dated this 2,,Lday of _)j1967,
by and between FLOYD E. ORNDORFF, EXECUTOR OF THE ESTATE: OF
HARRY R. ORNDORFF, DECEASED, and FLOYD E. ORNDORFF and RACHEI
i
S. ORNDORFF, his wife, parties of the first part, hereinafter called the j
Grantors, and JAMES L. BOWMAN and MARY JANE BOWMAN, his wife,
(i parties of the second part, hereinafter called the Grantees.
WHEREAS, Harry R. Orndorff died seised and possessed of the
II hereinafter described realty; and
i
II WHEREAS, Floyd L . Orndorff did duly qualify as the Executor of
�I the Estate of Ilarry R. Orndorff, Deceased, which qualification is of record
In the Office of the Clerk of the Circuit Court of Frederick County, Virginia
I
' in Will Book 66 at Page 385; and
WHEREAS, Harry R. Orndorff did, by the third Paragraph of hisl
Last Will and Testament, .duly admitted to probate In the aforesaid Clerk's
Office in Will Book 66 at Page 383, devise a portion of the hereinafter realty
to his son, Floyd E. Orndorff; and
WHEREAS, by the fifth Paragraph of said Last Will and Testamel�t,
he did authorize his Executor to sell either publicly or privately his remainin }
realty.
NOW, THEREFOR[:, WITNESSE-rii: That for and In consideration
of the sum of Ten ($10.00) Dollars, cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby acknowledged, the said
Floyd E. Orndorff, Executor of the Estate of I larry R. Orndorff, Deceased,
does hereby grant and convey with special warranty of title; and Floyd E.
i
Orndorff and Rachel S. Orndorff, his wife, do hereby grant and convey with
general warranty of title unto James L. Bowman and Mary Jane Bowman, his
wife, as tenants by the entirety, with right of survivorship as at common law,
Blo (jq J) 6l
i
•
IiL'fif\ Ju I'i10E v�%1
It being intended that the part of the one first dying should then belong to the
other, his or her heirs or assigns, all of that tract of land containing 10.094 ! j
es located one and one-half miles [3ast of Stephens City, Virginia on the
acres
South side of State I lighway No. 277 and situate in Opequon Magisterial Distridt,
Frederick County, Virginia, and more fully described as follows:
"Beginning at (I ) an iron peg on the South side of
State l lighway No. 277, a corner to the Appalachian
Fruit Company land; thence with the Appalachian
Fruit Company land and the Fast side of a 20 ft.
-right-of-way S 2:3 deg. 00 min. W 588.0 feet to (2)
an iron peg, a corner to Appalachian Fruit Company
land and a 20 ft. right-of-way; thence with two new
division linL!s through the land of I larry Orndorff lsstate
N 52 deg. 46 min. W 386.2 feet to (3) an iron peg; thence
N 50 deg. 22 min. W 402.3 feet to (4) an iron peg, a j
corner to Coffelt; thence with Coffelt N 63 deg.' 12 min.
W 3(X).2 feet to (5) a post in concrete in Coffelt's line
and corner to Bowman; thence with Bowman N 26 deg.
40 min. L" 283.8 feet to (6) an iron peg on the South
side of State highway No. 277; thence with said I lighway
S 71 deg. 04 min. G 1049.7 feet to the point of beginning,
containing 10.094 acres, more or less."
according to the plat survey and of Richard U. Goodd, Certified Surveyor,
dated May 18, 1967, attached hereto and made a part hereof; and being a portion
of the realty of which harry R. Orndorff died seised and possessed and a
portion of the realty devised by the Last Will and Testament of Ilarry R.
Orndorff to Floyd C. Orndorff.
There is hereby reserved unto the Grantors a 20 ft. right-of-wa�,
to State 1lighway No. 277, as shown on, the aforesaid plat and, survey.
I I
This conveyance is expressly made subject to all legally enforcer
able easements, rights of way and restrictive covenants of record affecting
I the same.
Except as noted above, the Grantors covenant that they have the
1P[TXA K. MCKEK right to convey to the Grantees, that the Grantees shall have quiet and peace-
■[HJAMIN M. •UTL[K
ATTOA,KYO AT LAW
'"'"°""" saable possession of the said property, free from all liens and encumbrances
N1
and they will grant such further assurances of said title as may be requisite.
-2-
- r
r
. I
• I
i
ISGC+ :Svc PMtiE• ..t �7 ,
• i
WITNESS the following signatures and seals:
F. , xecutor of the i
Estate of Ilarry R. Orndorff, Deceased `
LLC,' (SEAL/
' �I' t C 'L Z t ltl•��
I s
ji
SEALJ
I
STATE OF VIRGINIA,
C C'/ , TO -WIT:
a Notary Public in and for the
1� I'
I` State and aforesaid, do hereby certify that FLOYD E. ORNDORFF.
II Executor of the Estate of Harry R. Orndorff, Deceased,
FLOYD E. ORNDORFF,
Iand RACHEL S. ORNI)ORFF, his wife, whose names are signed to the fore-
i n
1967, In ve personally
going Deed, bearing date on the ��day of
III appeared before me and acknowledged the same in my State and
aforesaid.
r
irereA K. MCKCC
i •CKJAMrM M. OUTLCR
RTreR,+cw R� uRr
"'.CMcsT[w• r,RGINIA
S1N1
Given under my hand thislay of 1,
1967.
My Commission expires
1
BOOK PhCE
3
q
I 'a 100' 200 300r '
tT
• �D
a'
STATE HI HWAY N0.277 S 710 04' 49.7r �
— 1
_ _ _ -DOWER-LINE
6 UNDER GROUND TEIEpMONE C;ABIC
z HARRY ORNDORFF ESTATE. 6
Q To I V
� o �
o JAMES BOV2.4AN HQL,sE m
O S �_ mcc
aD W 10.094 ACRES U 4j" So 'n U.
4—CISTERN 3: z
3 N 63 12 W 306.2 ELL p Q
COFFFLT 50 22, V
40 W BARN �+
a
HgRR yER 1,qN p 32 46,w I Q
oRNOORFp ae6'2� 2
EST
The above tract of land, located 1� milos East of Stephens City
on the South side of State Highway No. 277 and situate in Onequon
Magisterial District, Frederick County, Virg-lnia, is'bounded as follOws:
^.I✓ Beginning at (1) an iron peg on the South side of State Highway
No. 277, a corner to the Appalachian Fruit Company land; thence with
the Appalachian Fruit Company land and the East aide of a 20 ft. right-
,
of -way S 23 deg. 00 min..W 588.0 feet to (2). an iron peg, a corner to
Appalachian Fruit Compaciy land and a 20 ft. right-of-way; thence with two
new division lines through the.land of Harry Orndorff Estate N 52 deg.
v 46 min. W 386.2 feet to (3) an iron peg; thence N 50 deg. 22 min. W
•402.3 feet to (4) an iron peg,
a corner to Coffelt; thence with Coffelt
U 63 deg. 12 min. W 306.2 feet to (5) a po4t in concrete in Coffelt's
line and corner to Bowman; thence with Bowman N 26 deg. 40 min. E 283•8
feet to (6) an iron peg on the South side of State Highway 24o. 277; thence
with said highway S 71 deg. 04 min. E 1049.7 feet to the point of
beginning, containing 10.094 acres, more or less.
RICHARD U. (',OWIE
CEft1'iF''1FD 1URVE1UR
I4AY 18, 1 67
'11.;GI' 11A FREDVI CK COUNTY, SCr. th wrt,fwot� of u: ,valym«v � ��(��p 2
jhm k%:rvn'4(d_ Oct q.' to n;h" "NiA.Y of
Qoannexed w odmned
at ' ,w
to nwfd, —
i
r
.33--Z/3.
Y
0"?
LAST WILL TTFSTTAIEN'T
OF
DAMES L. BOWMAN
k`MMUCK'COUNTY, VMGilr U
EXECUTOR
ALTERNATE EXEC[ TOR*
$EMLEY B. -S11019MAKER
1F & M $ANK WINCHESTER
*[o serve only upon death, resipadon, hwbdjV to serve or ceNsatiorr to serve of the E utor
My bnmedlate Family
Daughter
Granddaughter
B,pvertey B. Shoemaker
Rachel L -Shoemaker
I declare this to be my Last Will and Testament and revoke all prior wills and
codicils. I appoint the Executor and the alternate Executor named above, and the alternate
Executor will serve only in the event the named Executor declines, fails, or is unable to
serve. I direct that to the extent permitted by law, any fiduciary serving under this will,
including any successor fiduciary, will not be required to file annual accountings and that no
surety be required on the bond of any such fiduciary.
I give, devise and bequeath all of the rest, residue and remainder of my estate to the
Trustees of the ,lames L. Bowman Trust, originally executed on May 31, 1994, and as
amended and restated contemporaneously with this will, for administration and distribution
as a part of that trust. If for any reason I cannot pass assets from this will to that trust, then
I incorporate that trust by reference into this will to be administered as a testamentary trust.
I direct that my Executor has full power and discretion in the management and control of
my estate, with the right and power to sell all, or any portion, as my Executor may deem
necessary, in the sole discretion of my Executor, and any other powers available to my
Executor under the laws of the Commonwealth of Virginia that may be required in order to
carry out the intent of this will, including the powers set forth in Section 64.1-57 of the
Virginia Code, which are incorporated here by this reference. My Executor may pay my
debts and expenses of estate administration from my estate before distribution to the
Trustees, or make arrangements for the Trustees to pay all such items, as my Executor may
deem best,
I have signed my will consisting of two typewritten pages on this 7 th day of
March 1997.
(SEAL)
JANS L. BOWMAN
C3
w
C0
The Testator signed, sealed and declared this as his will in our presence on the date
shown above. At the Testator's request, we have signed our names as witnesses, believing
the Testator to be of sound mind and memory and acting under no constraint or undue
influence. All of this occurred at the same time, and we and the Testator were present
together throughout. �- C,�� /?
J)
COMMONWEALTH OF VIRGINIA
CITY OF WINCHESTER, TO -WIT:
Before me, the undersigned authority, on this day personally appeared James L.
Bowman, John W. Truban and Sharon D. Holliday , known to me
to be the Testator and the witnesses, respectively, whose names are signed to the attached
or foregoing instrument and, all of these persons being by me first duly sworn, James L.
Bowman, the Testator, declared to me and to the witnesses in my presence that the said
instrument is his Last Will and Testament and that he had willingly signed or directed
another to sign the same for him, and executed it in the presence of said witnesses as his free
and voluntary act for the purposes therein expressed; that said witnesses stated before me that
the foregoing will was executed and acknowledged by the 'Testator as his Last Will and
Testament in the presence of said witnesses who, in his presence and at his request, and in
the presence of each other, did subscribe their names thereto as attesting witnesses on the day
of the date of said will; and that the Testator, at the time of the execution of said will, was
over the age of eighteen (18) years and of soun%and disposing mind and memory.
(SEAL)
Subscribed, sworn and acknowledged befor&afe by James L. Bowman, the Testator,
and John W. Truban and Sharon, D. Holliday , witnesses, this 7th
day of March , 1997.
(SEAL) OGYUV4� X � alt� gz
Notary Public
My Commission expires
May 31, 1999
This instrument was prepared by. -
Owen and Truban PLC
103 North Braddock Street, P. O. Box 267
Winchester, Virginia 22604
JW r/dcWO/97
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GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
T R A N S M I T T A L
Project Name: Bowman -Shoemaker Companies Rezoning
File No.: 3269
Date: November 5, 2002
To: FC Planning
Attn: Jeremy Camp
Copied:
From: Evart Wyatt
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: r- Urgent F For YOUr Review I As You Requested F Please Comment
Message:
I-Ii Jeremy,
Please find attached the following information as requested:
• The original proffer statement.
• A new comment from the Fire Marshal.
• The revised application that identifies 6B as proposed office and commercial Use.
Have a good clay!
Evan
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway Q vlSLlalllnk.com
RECEIVE®
N 0 V 0 6 2002
FREDERICK COUNTY
PLANNING & DEVELOPMENT
0 -6- •
The vote on the motion to table failed by a unanimous vote for denial, based on Mr. Cook's
counsel.
Chairman DeHaven commented about the applicant's attempt to place a great deal of
development on a small parcel that already has access problems. He stated that the developer has gone a long
way towards attempting to do everything within their power to address the transportation concerns. He
believed the perfect solution was not created, however, it was an improvement over what exists there today.
Chairman DeHaven believed it was not an ideal solution, but he did believe it was a workable one.
Other Commissioners voiced their opinions that the transportation problems were the crux of
the matter; there was also the uncertainty of the interstate interchange and an eastern bypass.
Commissioner Rosenberry moved to deny the rezoning. This motion was seconded by
Commissioner Fisher and passed by a majority vote.
BE IT RESOLVED, That the Frederick County Planning Commission does hereby recommend denial of
Rezoning 906-02 of Rex Dalrymple, submitted by Valley Mill, L.L.C., to rezone 3.18 acres, located along
Valley Mill Road (Route 639) at Berryville Pike (Route 7), from RP (Residential Performance) to B2 (Business
General) District.
YES (TO APPROVE THE MOTION): Straub, Gochenour, Watt, Light, Kriz, Fisher, Rosenberry
NO: Unger, Morris, DeHaven, Thomas, Ours
Rezoning 908-02 of Bowman/Shoemaker, submitted by Greenway Engineering, to rezone 10.09 acres
from RA (Rural Areas) to B2 (Business General) District. This property is located south of Fairfax Pike
(Rt. 277), approximately 800 feet east of the intersection of Rt. 277 and Double Church Road (Rt. 641),
and is identified with P.I.N. 86-A-81 in the Opequon Magisterial District.
Action - Tabled for 60 Days
Planner Jeremy F. Camp stated that the 10.09 aces proposed to be rezoned to commercial
property is not located within the County's Urban Development Area (UDA) and Sewer and Water Service
Area (SWSA), however, die subject property is located along a major roadway, it is within convenient access
to residential uses, and it is near other commercial properties. Planner Camp stated that other than this
concern, the application appears to be consistent with the goals of the Comprehensive Policy Plan for
commercial development. He pointed out that the applicant has submitted a proffer statement in an attempt
to mitigate the impacts associated with the rezoning; the proffer statement includes the voluntary restriction
of all development for Phase II until the property is given the authority to access public sanitary services.
Planner Camp continued, stating that the applicant should be prepared to address the following
issues: 1) the existing septic system capacity for Phase I and the evaluation of the property not being located
within the UDA or SWSA; and 2) the number of proposed entrances off of Fairfax Pike should be clarified;
the staff supports limiting entrances to no more than two, to minimize potential traffic impacts.
Frederick County Planning Commission
Minutes of September 4, 2002 Page 929
Mr. Evan A. Wyatt, with Greenway Engineering, the design engineering firm representing the
owner, Ms. Beverley B. Shoemaker, described for the Commission a conceptual 60' right-of-way, traversing
this property and other properties to the south, which would connect Double Church Road (Rt. 641) to Fairfax
Pike (Rt. 277) with a proposed traffic signal on Fairfax Pike. Mr. Wyatt said they are not proposing to
construct the entire road, but are simply providing an opportunity to accommodate the road as properties to
the south develop. Mr. Wyatt believed the rezoning request was appropriate, even though the property was
not located in either the UDA or die SWSA, for the following reasons: 1) this has been a developing corridor
since the mid 1980's, it is the only parcel between I-81 Exit 307 that is not zoned either commercial or
residential on the south side of Fairfax Pike (Rt. 277); 2) it has 1,000' of road frontage, it has direct access,
it has adequate width and depth to provide for the development; 3) it is in keeping with the land uses that
already exist along the corridor.
Regarding the adequacy of the septic system, Mr. Wyatt said that under Phase I they are
limiting the use of the existing structure on the property to Mrs. Shoemaker's office for her and her two
employees. He said die Health Department has given approval for Phase I to be on the septic, provided usage
doesn't exceed 210 gallons per day. Regarding the entrances, Mr. Wyatt pointed out they have adequate
frontage for four entrances, but will limit the number to two, with one being a signalized intersection on Fairfax
Pike (Rt. 277) and the second located towards the west.
Chairman DeHaven called for public conunents, but no one came forward to speak.
Comnissioner Thomas had concerns for development beyond the Phase I development stage,
stating that it is not feasible from a traffic standpoint until VDOT has expanded Fairfax Pike (Rt. 277) from
two to four lanes, from I-81 past the high school. He did not believe Fairfax Pike (Rt. 277), in its current
condition, could accommodate the traffic from a 100,000-square-foot office building. Commissioner Thomas
remarked that unless Phase H would not be developed until VDOT expanded Fairfax Pike (Rt. 277) to four
lanes, he could not support the rezoning at this time.
Commissioner Ours wanted to go on record in support of Commissioner Thomas' comments,
based on the development that has occurred along Fairfax Pike (Rt. 277) over the past 12 years. He, too, was
not in support of any additional development until VDOT facilitated improvements on Fairfax Pike (Rt. 277).
Commissioner Ours remarked that his objection also included any potential development down to Double
Church Road (Rt. 641); he said he objected to the second phase of Woodside Estates because of the traffic it ___
generates on Double Church Road and at the intersection of Rt. 277 and Double Church Road.
Commissioner Rosenberry was opposed to the proposed rezoning because of the uncertainty
that sewer and water would be available to serve Phase II of the proposed development.
Upon motion made by Commmissioner Thomas and seconded by Commissioner Ours,
BE IT RESOLVED, That the Frederick County Planning Commission does hereby unanimously table
Rezoning #08-02 of Bowman/Shoemaker, to rezone 10.09 acres from RA (Rural Areas) to B2 (Business
General) District, for 60 days to allow the developer and the owner to consider the phasing of Phase II as it
relates to traffic impacts on Fairfax Pike (Rt. 277) prior to Fairfax Pike (Rt. 277) being developed and
improved to four lanes.
Frederick County Planning Commission
Minutes of Septcnhber 4, 2002 Page 930
0 •
It\ GREENWAY ENGINEERING
A47- 151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
T R A N S M I T T A L
Project Name: Bowman/Shoemaker Companies Rezoning
File No.: 3269
Date: October 25, 2002
To: FC Planning
Attn: Jeremy Camp
Copied:
Prom: Evan Wyatt
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: F Urgent r For Your Review f — As You Requested f- Please Continent
Message:
Hi Jeremy,
Please find attached the revised Impact Statement and Proffer Statement for the
Bowman/Shoemaker Companies Rezoning. As you know, this information has been revised to
reflect the concerns raised by Roger Thomas regarding traffic impacts. Please also find attached
the new review agency comments from VDOT and the County Attorney pertaining to these
revisions. Both agencies are comfortable with the revisions to this application. Also attached is
61 color exhibits and the revised Health Department comment from August — I wasn't sure if you
received it.
Please review this information and contact me if you have any questions. As always, thank you
for your assistance!
Have a good day!
Evan
O C T 2 ) 2002
1�tN 1: OF PLANNING/DEVELOPMENT
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway@visuallink.com
Rezoning Comments
";%!�'i.....,ii..:...�;;..;;:•;�liii'.%'/./'/...ii:ii;;;;/f�,,,�li�/ /i/ ! % U / ' / /"/;;,ii/„•i; ii,��/f: is/////i';i.�rii//r/,../!/i/!'/./•.i�:
Frederick County
Department of Planning and Developm' F—(,;
Mail to:
Department of Planning and Development
Attn: County Planner
107 North Kent Street
Winchester, Virginia, 22601
(540) 665-5651
J U L ( ' � 1002
Hand deliver to:
107 North Kent Street
Fourth Floor
Winchester, Virginia
(540) 665-5651
Applicant's Name: Greenway En ineerin Telephone: 540-662-4185
Mailing Address: 151 Windy IIill Lanc
Winchester, VA 22602
Location of property: 500 Fairfax Pike; south side of Fairfax Pike, approximately 800 feet east
of the intersection with Double Church Road.
Current zoning: RA District Zoning requested: B2 District Acreage: 10.09.
Planning Department Comments:
Superintendent's Signature & Date;
Notice to Planning Department — Please Return This Form to the Applicant
•
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
July 17, 2002
Mr. Evan Wyatt
Greenway Engineering
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Preliminary Review Comments for Draft Bowman -Shoemaker Companies REZ
Property Identification Number (PIN) 86-A-81
Dear Evan:
I have had the opportunity to review the draft rezoning application referred to as the Bowman -Shoemaker
Companies Rezoning. I suggest that you consider the following comments prior to submitting a formal rezoning
petition to the County:
General Comments:
fl**1) SWSA & UDA. The property of this preliminary rezoning application is not located within the
Frederick County SWSA (Sewer Water Service Area) or the UDA (Urban Development Area). Prior
to rezoning the property, approval should be granted to allow urban development and sewer services.
2) Capital Facilities Impact Model. I am providing you with a copy of the output module for the Capital
Facilities Impact Model with calculations based on the subject rezoning petition. Please include this in
your final rezoning application.
3) Adjoining Property Owners. Please add Lots 85-5-A and 86-A-85E to the list of adjoining property
owners. Include all other relevant information concerning these properties in your application, including
the current use, owners name and address, and zoning district.
4) Surveyed Plat. Please provide a surveyed plat of the subject property, which shows all proposed zoning
boundary lines. Metes and Bounds should be provided to verify exact locations of zoning boundaries.
The plat should be titled, "Proposed Zoning."
5) Verification of Taxes Paid. Please provide a receipt which verifies that the property taxes are paid on
the subject property.
6) Application Fees. A total application fee of $953.15 ($550.00 base fee + (10.09 acres x $35.00) +
$50.00 sign fee) is due at the time you formally submit the rezoning application.
7) Agency Comments. Please provide agency comments from the Frederick County Attorney, VDOT,
Public Works, Fire Marshal, Frederick County Sanitation Authority, Frederick County Service Authority,
Stephen's City Fire and Rescue, and the I-IRAB.
107 North Dent Street • Winchester, Virginia 22601-5000
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Page 2
Mr. Evan Wyatt
Preliminary Review of Bowman -Shoemaker Companies REZ
July 17, 2002
Impact Analysis Statement Comments:
8) Current Use. In the Introduction Section of the Impact Analysis Statement, the current use of the
property is shown as, "Agricultural Undeveloped." Please change this language to state that the current
use of the property is residential.
9) Typographical Errors. Under F, in the Impact Analysis Statement, the word, "Waste," is not spelled
correctly. Please correct as necessary.
A0) Projected Sewer & Water Impact. The Impact Analysis Statement calculates the potential sewer &
water impact based on 100,000 square feet of office space. Please revise your calculations to account
for the greatest possible impact. The greatest possible impact would be retail, unless it is proffered
otherwise.
11) Mathematical Error. The Impact Analysis Statement states that the estimated sewer and water impact
is 200 GPD, per 1,000 square feet of office floor area. However, it then shows a total impact of 10,000
GPD. If the total floor area could be 100,000 square feet of office floor area, then the total potential
impact to the sewer and water supply would be 20,000 GPD (100,000 x 200 = 20,000). Please correct
as necessary.
�12) Projected Traffic Impact. The Impact Analysis Statement calculates the potential traffic impact based
on 100,000 square feet of office space. Please revise your calculations to account for the greatest
possible impact. The greatest possible impact would be retail, unless it is proffered otherwise.
13) Inconsistency About Proposed Entrances. The Impact Analysis Statement, under the section referred
to as Access, states that the Phase II development shall be limited to "one commercial entrance to the
west of the existing loop driveway." In contrast to this, proffer 134 states that no more than two (2)
entrances shall be provided for Phase II. Please clarify how many entrances will exist after total build -
out, and make any necessary changes.
14) Soil & Bedrock Conditions. Please state whether or not any soil or bedrock conditions exist on the
property which would create construction difficulties or hazards.
Proffer Statement Comments:
15) Proposed Uses. If it is the intent that only office uses be permitted on the property, it would be
beneficial to clarify this in the proffer statement. Presently, the proffer statement does not specifically
restrict any of the permitted uses within the B2 Zoning District.
16) Typographical Errors. There are several typographical errors on Page 2 of the draft proffer statement.
Under 133 the "p" is left out of the word Transportation. Under 135 and E the lines have not been tabbed
over as the majority of the document has.
0
Page 3
Mr. Evan Wyatt
Preliminary Review of Bowman -Shoemaker Companies REZ
July 17, 2002
17) Proffer A (4). It may be inappropriate to assume that the subject property will be "authorized to have
public sewer service" in the future. I suggest that the language of this proffer be modified.
18) Proffer B. The proposed road mentioned in Proffer B (2) is not a component of the Frederick County
Primary or Secondary Road Plans. It may not be appropriate to propose this road as a mitigation effort,
because the properties which it will transverse are not located within the UDA or SWSA. As an
alternative mitigation effort, perhaps you would consider a shared entrance onto the property instead of
the proposed road. In addition, I would also like to note that Proffers B (1), (3) and (5) may need to be
revised after VDOT has had the opportunity to comment on the proposed rezoning.
19) Proffer D. What does it mean that the berm proposed in Proffer D will be landscaped to provide a visual
separation? If the intent is to provide more landscaping than would normally be required by the Zoning
Ordinance, I suggest that this proffer clarify what type of landscaping shall be proposed.
20) Proffer E. A business sign can be as large as 150 square feet in the 132 Zoning District. It may not be
appropriate to have a sign as large as this on the subject property. Limiting the square footage of future
signs would be a good attempt to mitigate some of the potential impacts of rezoning this property.
21) Proffer F. There would be impact to Fire & Rescue Services for Phase I of the proposed development.
Instead of proffering a monetary contribution for Phase II only, perhaps it would be more appropriate
to provide all, or a portion of this contribution, during Phase I.
Thank you for providing me an opportunity to review this preliminary zoning petition. Once you have received
all comments and satisfactorily considered the issues raised, the petition may be formalized with the appropriate
property owner signatures on the application and proffer statement. Staff reserves the right to provide additional
comments regarding this rezoning application during the review of a formal application.
Please contact me with any questions regarding this project.
Sincerely,
Jeremy F. Camp,
Planner II
Enclosure
JFC/bah
U. UerenrylRezorringsIBoivmmi-Slioemnker CompmiieslSlhoenrakerRezoaringPreiintinmyReview.tvpri
OUTPUT MODULE
APPLICANT: Bowman/Shoemaker
Net Fiscal Impact
LAND USE TYPE Commercial
Costs of
Impact Credit:
CredRs_to_b2_I8e
Total Potential Adjustment For
REAL EST VAL 56,508,838
Required
(entered in
Cur. Budget Cur. Budget Cap.
Future CIP/
Tax Credits Revenue- Net Capital
Net Cost Per
FIRE & RESCUE, 11
Capital-EacMea
col sum only)
OpeLCap-Equip
ExRend[Debt_S.
Taxes Other
(Unadjusie-d) CosLBalance Eaditie-Impact
Dwrellin9_Unit
Fire and Rescue Department
$55,706
$0 SO $55,706
ERR
Elementary Schools
SO
— —
Middle Schools
SO
$0
$0
$0 SO $0
ERR
High Schools
$0
— —
Parks and Recreation
\ $0
$0
SO $0 SO
ERR
Public Library
SO
$0
SO SO SO
ERR
Sheriffs Offices
\ S0
53,895
SO
SO
$3,895 53,895 / SO
ERR
Administration Building
0
SO
$0 S SO
ERR
Other Miscellaneous Facilities
SO
$9,339
$10,311
S19,650 S19,650 $0
ERR
$23,545 $32,161
ERR
SUBTOTAL $55,706
LESS: NET FISCAL IMPACT
$4,5 622
$13,234
$10,311
$0
'__�231545
$4,577,622 $4,577,622 $4,577.622
ERR
NET CAP. FACILITIES
IMPACT
1 501ERR
INDEX: "1.0" If Cap. Equip Included: 1.0
INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to vg: 0.0 Rev -Cost Bal = 1.000
PLANNING DEPT PREFERENCES 0 1.0 Ratio to Co Avg = 1.342
alculated irythe model.
METHODOLOGY 1. Capital facilities requirements are input to the first colum\_ude
2. Net Fiscal Impact NPV from operations calculations is iw tota of second column
(zero if negative); included are the one-time taxeslfees y Y only at full value.
3. NPV of future oper cap equip taxes paid in third columnulat in fiscal impacts.
4. NPV of future capital expenditure taxes paid in fourth lculate ' fiscal impacts.5.
NPV of future taxes paid to bring current county uto sfor new lilies, ascalculated
for each new facility.
6. Columns three through five are added a tentiai credinst the calculate capitalfacilities
requirements. These area " sted for percent covered by the re nuesfrom
the project (actual, or as ' to avg. for all residevelopment).NOTE:
Proffer calculations do not include interest becaus ey are cash payments up frodits do include interest if
projects are debt financed.
NOTES: Model Run Date 07/12/02 JFC
Project Description: Assumes 100,000 of retail use on 10.09 acres zoned 62 District
Property Identification Number P ) 86-A 81
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.
2001 MODEL
0
ft\ GREENWAY ENGINEERING
%47 151 Windy Hill Lane
Winchester, Virginia 22602
Foumkd in 1971
T R A N S M I T T A L
Project Name: Bowman -Shoemaker Companies Rezoning
File No.: 3269
Date: December 4, 2002
To: FC Planning
Attn: Jeremy Camp
Copied:
From: Evan Wyatt
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: F- Urgent r For Your Review r-; As You Requested F- Please Comment
Message:
Hi Jeremy,
Please find attached the following information as requested for the 12/18/02 Planning
Commission meeting:
• Revised proffer statement with original signature and notary.
• New VDOT comment dated 11/26/02
• New County Attorney comment dated 12/4/02
Have a good day!
Evan
RECEIVED
DEC 0 4 2002
FREDERICI(COUNTY
PLANNING & DEVELOPMENT
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway@visualliiik.com
DEC-03-01, 16:08
FROM-GREENWAY ENGINEERING P.C.
GREENWAY
54UTZZ95ZB
ENGINEERING
151 windy Hill Lane
Winchester, Virginia 22602
Telephone 540-662-4155
FAX 540-722-9528
FACSIMILE TRANSMITTAL. SHEET
FROM:
TO_ Jay cook Evan Wyatt
T-665 P.001/004 F-39T
DATE:
COMPANY: DECEMBER 3, 2002
FC Attomey's Office _
TOTAL NU. OF PAGES INCLUDING COVER:
FAX NUMBER:
667-3454
PHONE NUMBER: SENDER'S REFLRENCE NLER:
YOU1t KEFEREFCr• NUNCBER:
RE:
Bownian/Shoemaker Proffer
0 URGENT ❑ FOR REVIEW ❑ PLEASE COMMENT ❑ PLEASE REPLY ❑ PLEASE RECYCLE,
ZOTES/COMMENTS:
Hi Jay,
Please find the information as requested. The only modification to the proffer sWenlent Is
item B7 that is a result of the comments made during the last Planning Cormnission meeting.
Please call me if you need anything else and we will get it to you ASAP!
Thank you for your assistance!
Evan
Engiuecrs Surveyors
founded in 1971
DEC-03-011. 16:08
FROM-GREENWAY ENGINEERING P.C.
to
54UTZZ95ZB
0
T-665 P.002/004 F-39T
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia22602
TRANSMITTAL
Project Name: Bowman -Shoemaker Companies Rezoning
File No.: 32-69
Date: November 26, 2002
To: FC County Attorney Office
Attn: Jay Cook
Copied:
Remarks: I-- Urgent I- For Your Review
Message:
From: Evan Wyatt
GREEN WAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
f , As You Requested i- Please Cozranent
Hi Jay,
Please find attached a new comment sheet and the revised proffer statement based ono he
concerns raised during the November 20, 2002 Planning Cornmission meeting -
The nly
modification to the proffer statement is item E7_ I spoke with Eric and he advised me Thal he
reviewed this modification with VDOT and they are comfortable with it.
This is scheduled to go back to the Planning Commission on December 18, 2002; therefore,
please advise me of any additional information you need and we will get it to you ASAP!
Happy holidays!
Evan
Engineers Surveyors
Telephone 540-662-41 S5 FAX 540-722-9528
greenway@visuallink.com
540TZZ95ZB T-665 P.003/004 F-39T
DEC-03-OZ 16:08 FROh1-GREENK'AY ENGINEERING P.C.
Gre(-nway Engineering
June 21, 2002 Boan/Shoemaker Companies
October 14, 2002 Rezoning
November 20, 2002
6_) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement
along the Fairfax Pike (Route 277) property frontage for the purpose of allowing
the development of a bicycle facility as identified by the Frederick County
Comprebensive Policy Plan's Bicycle Plan_ This easement will be dedicated to the
appropriate entity prior to the construction of the bicycle facility_
Mg7 ��� 7.) The applicant hereby proffers to limit the development widen Phase 11 to a total of
250 vehi--le trips per day �'D) for that phase until the improvements to Fairfax:
Pike are provided in accordance with the preliminary engineering documents
identified as F.T. Plans, Plan and Profile of Proposed State Highway, Frederick
County From- 0.168 kin east of CL I-81 To: 0 276 km East of Rt. 636; Project
0277-034-103. PE-101, RW 201, C-501. A detailed traffic study will be provided
for each site plan proposed in Phase 11 to ensure that an acceptable level of service
is majnt�ained on Fairfax Pike resulting from the traffic generations from This site.
All traffic studies prepared for site plans within the Phase H development, will be
in accordance with the Virginia Department of Transportation's guidelines and
procedures. Development within Phase 11 will only occur if an acceptable level of
service for Fairfax Pike is proven through the traffic study process.
C.) Lighting,
The applicant hereby proffers that all building mounted lights and pole -mounted
lights will be of a downcast nature acid shielded and directed away from adjacent
properties surrounding the proposed project. Pole -mounted lights will not exceed 25
feet in height- Lighting plans will be subn-fitted for each site plan in Phase II for
review and approval by the Frederick County Planning Department prior to
installation.
D.) Parking Lot Location and Design
The applicant hereby proffers that all parking lots constructed in Phase 11 will be
located a miniminn of 20 feet from the dedicated Fairfax Pike right-of-way. An earth
berm that is a minimum of three (3) feet in height will be installed within the 20-foot
parking lot setback distance and will be landscaped with evergreen shrubs that are a
minimum of 24 inches in height at the time of planting to create a visual separaTion
between Fairfax Pike and the parking lots for the office buildings.
E.) Business Sims
The applicant hereby proffers that all freestanding business signs will be
montmlent We construction and that pole mounTcd signs will be prohibited_ No
monument sign will exceed 15 feet in height or 100 square feet in area for the
message portion of the monument sign.
Flc 43269/EAW
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 1971
T R A N S M I T T A L
Project Name: Bowman -Shoemaker Companies Rezoning
File No.: 3269
Date: November 26, 2002
To: FC Planning
Attn: Jeremy Camp
Copied:
From: Evan Wyatt
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: 1-- Urgent 1-- For Your Review r As You Requested r- Please Comment
Message:
Hi Jeremy,
Please find attached a copy of the revised proffer statement based on the concerns raised during
the November 20, 2002 Planning Commission meeting. The only modification to the proffer
statement is item B7. I have forwarded the modified proffer statement to VDOT and the County
Attorney for comment. Please advise me of any additional information you need and we will get
it to you ASAP!
Happy holidays! ( B ® ((`
Evan R EC � ! �f E U..�1..... t
00V 2 6 2002
FREDERICK COUNTY
PLANNING & DEVELOPMENT
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway@visual l ink.com
Greenway Engineering • June 21, 2002 Bo4kn/Shoemaker Companies
October 14, 2002 Rezoning
November 20, 2002
BOWMAN/SHOEMAKER COMPANIES REZONING
Tax Parcel 86-((A))-81
Opequon Magisterial District
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq, of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application ##
for the rezoning of 10.09 acres from the Rural Areas (RA) District to the Business
General (132) District; development of the subject property shall be done in conformity
with the terms and conditions set forth herein, except to the extent that such terms and
conditions may be subsequently amended or revised by the applicant and such be
approved by the Frederick County Board of Supervisors in accordance with the said Code
and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers
shall be deemed withdrawn and have no effect whatsoever. These proffers shall be
binding upon this applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the land owned by James L.
Bowman being all of Tax Map Parcel 86-((A))-81 and further described in Deed Book
332 Page 340 recorded in the Frederick County Clerk of Courts Office.
A.) Use and Structural Development of Property
1.) The applicant hereby proffers to develop the property for office and commercial
use only and limit the total structural area to 100,000 square feet for the entire
10.09-acre site.
2.) The applicant hereby proffers to develop the 10.09-acre site in two phases. Phase
I will be limited to 5,000 square feet of office space and Phase II will account for
the balance of the proffered total structural square footage for the 10.09-acre site.
3.) The applicant hereby proffers to utilize the existing 3,596-square-foot structure on
the 10.09-acre parcel for office use in Phase I.
4.) The applicant hereby proffers to prohibit any development of office or
conurrercial use in Phase II until the 10.09-acre parcel is authorized to have public
sewer service.
Pile I13269/EAw
4
June 21, 2002 Bow/Shoemaker Companies
Greenway Engineering •
October 14, 2002 Rezoning
November 20, 2002
5.) The applicant hereby proffers to prohibit the development of the following land
uses on the 10.09-acre site:
Use SIC
Electric, gas and other utility facilities and offices
49
Retail nurseries and lawn and garden supply stores
526
Automotive dealers (excluding gasoline service stations SIC - 5541)
55
Hotels and motels
701
Organizational hotels and lodging
704
Car washes
7542
Miscellaneous repair services
76
Golf driving ranges and miniature golf courses
7999
Membership organizations
86
Self-service storage facilities
-----
Conunercial batting cages operated outdoors
-----
Adult care residences and assisted care facilities
-----
Adult retail
-----
B.) Transportation
1.) The applicant hereby proffers to dedicate right-of-way along Fairfax Pike (Route
277) for future road improvements by Virginia Department of Transportation in
accordance with the preliminary engineering documents identified as F.I. Plans,
Plan and Profile of Proposed State IIighway, Frederick County From: 0.168 km
east of CL I-81 To: 0.276 kin East of Rt. 636; Project 0277-034-103, PE-101, kW
201, C-501.
2.) The applicant hereby proffers to develop a 60' right-of—way from an intersection
with Fairfax Pike to the southern limits of the 10.09-acre parcel as a Phase II
improvement in accordance with the attached Exhibit A, attached to and made part
of these proffers. This right-of-way will be designed and constructed as a part of
the first site plan in Phase II which accesses the 60' right-of-way.
3.) The applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation for the installation of a traffic signal at the
intersection of Fairfax Pike and the 60' right-of-way. This signalization agreement
shall be executed with the Virginia Department of Transportation prior to the
approval of the first site plan in Phase II, which accesses the 60' right-of-way.
4.) The applicant hereby proffers to limit the intersection points with Fairfax Pike to
utilize the existing loop driveway only for the Phase I office development.
5.) The applicant hereby proffers to limit the 10.09-acre site to a total of two
intersection points. The existing loop driveway for the Phase I office development
shall account for one of the intersection points until the connection is severed from
Route 277.
File 93269/C•AW 2
Greenway Engineering • June 21, 2002 Bo*/Shoemaker Companies
October 14, 2002 Rezoning
November 20, 2002
6.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement
along the Fairfax Pike (Route 277) property frontage for the purpose of allowing
the development of a bicycle facility as identified by the Frederick County
Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the
appropriate entity prior to the construction of the bicycle facility.
7.) The applicant hereby proffers to limit the development within Phase II to a total of
250 vehicle trips per day (VPD) for that phase until the improvements to Fairfax
Pike are provided in accordance with the preliminary engineering documents
identified as F.I. Plans, Plan and Profile of Proposed State Highway, Frederick
County From: 0.168 km east of CL I-81 To: 0.276 km Bast of Rt. 636; Project
0277-034-103, PE-101, RW 201, C-501. A detailed traffic study will be provided
for each site plan proposed in Phase II to ensure that an acceptable level of service
is maintained on Fairfax Pike resulting from the traffic generations from this site.
All traffic studies prepared for site plans within the Phase II development will be
in accordance with the Virginia Department of Transportation's guidelines and
procedures. Development within Phase II will only occur if an acceptable level of
service for Fairfax Pike is proven through the traffic study process.
C.) Lighting
The applicant hereby proffers that all building mounted lights and pole -mounted
lights will be of a downcast nature and shielded and directed away from adjacent
properties surrounding the proposed project. Pole -mounted lights will not exceed 25
feet in height. Lighting plans will be submitted for each site plan in Phase II for
review and approval by the Frederick County Planning Department prior to
installation.
D.) Parking Lot Location and Design
The applicant hereby proffers that all parking lots constructed in Phase II will be
located a minimum of 20 feet from the dedicated Fairfax Pike right-of-way. An earth
berm that is a minimum of three (3) feet in height will be installed within the 20-foot
parking lot setback distance and will be landscaped with evergreen shrubs that are a
minimum of 24 inches in height at the time of planting to create a visual separation
between Fairfax Pike and the parking lots for the office buildings.
E.) Business Signs
The applicant hereby proffers that all freestanding business signs will be
monument type construction and that pole mounted signs will be prohibited. No
monument sign will exceed 15 feet in height or 100 square feet in area for the
message portion of the monument sign.
Pile 113269/EAw 3
Greenway Engineering June 21, 2002 Boon/Shoemaker Companies
October 14, 2002 Rezoning
November 20, 2002
F.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above -described property hereby voluntarily proffer
that in the event rezoning application # is approved, and the property is
subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of
Frederick County, Virginia the following amount:
$ 2,500 for Frederick County Fire and Rescue to be redistributed to Stephens City
Volunteer Fire & Rescue Company for capital facilities costs
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid within ninety (90) days
following approval of the rezoning by the Board of Supervisors.
G.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully Submitted:
By: L .-c2 al
Beverley hoemaker Date
Conunonwealth of Virginia,
��City/County $ c To Wit: of �t �:'�'c
The foregoing instrument was acknowledged before me thisc9/6,/day of 14160 �
Al
/ Notary Public
My Commission Expires (rjL�s� C� �� ���,7
File 1132691 AW 4
Greenway Engineering • June 21, 2002 ALShoemaker Companies
October 14, 2002 Rezoning
November 20, 2002
6.) The applicant hereby proffers to provide a ten -foot (10) non-exclusive easement
along the Fairfax Pike (Route 277) property frontage for the purpose of allowing
the development of a bicycle facility as identified by the Frederick County
Comprehensive Policy Plan's Bicycle Plan. This easement will be dedicated to the
appropriate entity prior to the construction of the bicycle facility.
7.) The applicant hereby proffers to limit the development within Phase II to a total of
250 vehicle trips per day (VPD) for that phase until the improvements to Fairfax
Pike are provided in accordance with the preliminary engineering documents 13
identified as F.I. Plans, Plan and Profile of Proposed State Highway, Frederick low -
County From: 0.168 km east of CL I-81 o: 0.276 km East of Rt. 636; Project +►
0277-034-103, PE-101, RW 201, C-501detailed traffic study will be provided'�W�i
for each site plan proposed in Phase II to ensure that an acceptable level of service
Is maintained on Fairfax Pike resulting from the traffic generations from this siPe
All traffic studies prepared for site plans within the Phase II development will
in accordance with the Virginia Department of Transportation's guidelines and
procedures. Development within Phase II will only occur if an acceptable level of
service for Fairfax Pike is proven through the traffic study process.
C.) Lighting
The applicant hereby proffers that all building mounted lights and pole -mounted
lights will be of a downcast nature and shielded and directed away from adjacent
properties surrounding the proposed project. Pole -mounted lights will not exceed 25
feet in height. Lighting plans will be submitted for each site plan in Phase II for
review and approval by the Frederick County Planning Department prior to
installation.
D.) Parking Lot Location and Design
The applicant hereby proffers that all parking lots constructed in Phase II will be
located a minimum of 20 feet from the dedicated Fairfax Pike right-of-way. An earth
berm that is a minimum of three (3) feet in height will be installed within the 20-foot
parking lot setback distance and will be landscaped with evergreen shrubs that are a
minimum of 24 inches in height at the time of planting to create a visual separation
between Fairfax Pike and the parking lots for the office buildings.
E.) Business Signs
The applicant hereby proffers that all freestanding business signs will be
monument type construction and that pole mounted signs will be prohibited. No
monument sign will exceed 15 feet in height or 100 square feet in area for the
message portion of the monument sign.
File #3269/EAW 3 14
i ri^i I't
Alternative Proffer B.7.)
The applicant hereby proffers to limit the development within Phase II to a total of 250
vehicle trips per day (VPD) for that phase until the improvements to Fairfax Pike are
provided in accordance with the preliminary engineering documents identified as F.I.
Plans, Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km
east of CL I-81 To: 0.276 km East of Rt. 636; Project 0277-034-103, PE-101, RW 201,
C-501. A detailed traffic study ivill be provided for each site plan of Phase II to ensure
that the proposed development ivill not diminish the level of service of Fair fax Pike below
a level acceptable by �lyl
6 Frederick County n ��Developmentivithin Phase II will Duoccur if an acceptable level of service for Fairfax Pike is proven
through the traffic study process. All traffic studies prepared for site plans within the
Phase II development will be in accordance with the Virginia Department of
Transportation's guidelines and procedures.
Greenway Engineering 10 June 21, 2002 134man/Shoemaker Companies
October 14, 2002 Rezoning
November 20, 2002
F.) Monetary Contribution to Offset Impact of Development
The undersigned owner of the above -described property hereby voluntarily proffer
that in the event rezoning application # is approved, and the property is
subsequently developed within a B2 zone, the undersigned will pay to the Treasurer of
Frederick County, Virginia the following amount:
$ 2,500 for Frederick County Fire and Rescue to be redistributed to Stephens City
Volunteer Fire & Rescue Company for capital facilities costs
This payment is intended to offset the additional cost to Frederick County due to an
increased demand on public services and will be paid within ninety (90) days
following approval of the rezoning by the Board of Supervisors.
G.) Signatures
The conditions proffered above shall be binding upon the heirs, executors,
administrators, assigns and successors in the interest of the applicant and owner. In the
event the Frederick County Board of Supervisors grants this rezoning and accepts the
conditions, the proffered conditions shall apply to the land rezoned in addition to other
requirements set forth in the Frederick County Code.
Respectfully Submitted:
Beverley B. Shoemaker
Commonwealth of Virginia,
City/County of
Date
To Wit:
The foregoing instrument was acknowledged before me this day of
2001 by
Notary Public
My Commission Expires
Pile #3269/GA1V
Greenway l ngineering • June 21, 2002 131RmardShoemaker Companies
October 14, 2002 Rezoning
November 20, 2002
BOWMAN/SHOEMAKER COMPANIES REZONING
Tax Parcel 86-((A))-81
Opequon Magisterial District
Preliminary Matters
Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and
the provisions of the Frederick County Zoning Ordinance with respect to conditional
zoning, the undersigned applicant hereby proffers that in the event the Board of
Supervisors of Frederick County, Virginia, shall approve Rezoning Application #
for the rezoning of 10.09 acres fi•om the Rural Areas (RA) District to the Business
General (B2) District; development of the subject property shall be done in conformity
with the terms and conditions set forth herein, except to the extent that such terms and
conditions may be subsequently amended or revised by the applicant and such be
approved by the Frederick County Board of Supervisors in accordance with the said Code
and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers
shall be deemed withdrawn and have no effect whatsoever. These proffers shall be
binding upon this applicant and their legal successors, heirs, or assigns.
The subject property, more particularly described as the land owned by James L.
Bowman being all of Tax Map Parcel 86-((A))-81 and further described in Deed Book
332 Page 340 recorded in the Frederick County Clerk of Courts Office.
A.) Use and Structural Development of Property
1.) The applicant hereby proffers to develop the property for office and commercial
use only and limit the total structural area to 100,000 square feet for the entire
10.09-acre site.
2.) The applicant hereby proffers to develop the 10.09-acre site in two phases. Phase
I will be limited to 5,000 square feet of office space and Phase II will account for
the balance of the proffered total structural square footage for the 10.09-acre site.
3.) The applicant hereby proffers to utilize the existing 3,596-square-foot structure on
the 10.09-acre parcel for office use in Phase 1.
4.) The applicant hereby proffers to prohibit any development of office or
commercial use in Phase II until the 10.09-acre parcel is authorized to have public
sewer service.
Idle #3269/GAW
Greenway Engineering • June 21, 2002 130mardShoemaker Companies
October 14, 2002 Rezoning
November 20, 2002
5.) The applicant hereby proffers to prohibit the development of the following land
uses on the 10.09-acre site:
Use SIC
Electric, gas and other utility facilities and offices
49
Retail nurseries and lawn and garden supply stores
526
Automotive dealers (excluding gasoline service stations SIC - 5541)
55
Hotels and motels
701
Organizational hotels and lodging
704
Car washes
7542
Miscellaneous repair services
76
Golf driving ranges and miniature golf courses
7999
Membership organizations
86
Self-service storage facilities
-----
Commercial batting cages operated outdoors
-----
Adult care residences and assisted care facilities
-----
Adult retail
-----
B.) Transportation
1.) The applicant hereby proffers to dedicate right-of-way along Fairfax Pike (Route
277) for future road improvements by Virginia Department of Transportation in
accordance with the preliminary engineering documents identified as F.I. Plans,
Plan and Profile of Proposed State Highway, Frederick County From: 0.168 km
east of CL 1-81 To: 0.276 kin East of Rt. 636; Project 0277-034-103, PE-101, RW
201, C-501.
2.) The applicant hereby proffers to develop a 60' right-of—way from an intersection
with Fairfax Pike to the southern limits of the 10.09-acre parcel as a Phase II
improvement in accordance with the attached Exhibit A, attached to and made part
of these proffers. This right-of-way will be designed and constructed as a part of
the first site plan in Phase II which accesses the 60' right-of-way.
3.) The applicant hereby proffers to enter into a signalization agreement with the
Virginia Department of Transportation for the installation of a traffic signal at the
intersection of Fairfax Pike and the 60' right-of-way. This signalization agreement
shall be executed with the Virginia Department of Transportation prior to the
approval of the first site plan in Phase II, which accesses the 60' right-of-way.
4.) The applicant hereby proffers to limit the intersection points with Fairfax Pike to
utilize the existing loop driveway only for the Phase I office development.
5.) The applicant hereby proffers to limit the 10.09-acre site to a total of two
intersection points. The existing loop driveway for the Phase I office development
shall account for one of the intersection points until the connection is severed from
Route 277.
Pile #3269/LANV
•
COUNTY of I+REDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC HEARING
January 8, 2003
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REZONING #08-02 OF BOWMAN/SIIOEMAKER PROPERTIES
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing
being held on Wednesday, January 22, 2003, at 7:15 p.m. in the board room of the Frederick County
Administration Building at 107 N. Kent Street, Winchester, Virginia to reconsider the following:
Rezoning #08-02 of Bowman/Shoemaker Properties, submitted by Grcenway Engineering, to rezone
10.09 acres from RA (Rural Areas) to B2 (Business General) District. This property is located south
on Fairfax Pike (Rt. 277), approximately 800 feet cast of the intersection of Rt. 277 and Double Church
Road (Rt. 641) and is identified with Property Identification Number 86-A-81 in the OpegU011
Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
ercl y F. Camp
Planner II
JFC/cih
0 b\gcndu\Adjoincr Lirs\?002\Rczonings\13osvman Shocmakar.wI)d
107 North Kent Street • Winchester, Virginia 22601-5000
r
This is to certify that the attached correspondence was mailed to the following on
ZOO, fi-om the Department of Planning and Development, Fredericl<
County, rginia: 86 - A- - 86-
ATHEY, JOSEPH W JR & ALICE M
86 - A- - 77. 469 FAIRFAX PIKE
NEFF, E. R., INC. STEPHENS CITY, VA 22655.2980
PO BOX 1027 86 - A- - 89-
STEPHENS CITY, VA 22655.1027 WHITACRE, SAMUEL N & JO ANN
86 -A. - 78-
ORNDORFF, RACHEL S
1140 ASHBY STATION RD
FRONT ROYAL, VA 22630.2027
86 - A- - 80-
FRUIT LIMITED PARTNERSHIP
CIO CAPITOL PROPERTIES, INC
PO BOX 740
WARRENTON, VA 20188.0740
86 - A- - 82-
BOWMAN, JAMES L & JANE H
PO BOX 480
STEPHENS CITY, VA 22655.0480
86 - A- - 85-E
RITTER, ELIZABETH ANN
746 DOUBLE CHURCH RD
STEPHENS CITY, VA 22655.3221
STATE OF VIRGINIA
COUNTY OF FREDERICK
683 PAYNE RD
CLEAR BROOK, VA 22624.1706
86 -5- - A-
HERBAUGH, KENNETH E
561 FAIRFAX PIKE
STEPHENS CITY, VA 22655.2981
86 - A- - 81.
P�u��� BOWMAN,JAMESL
I PO BOX 480
STEPHENS CITY, VA 22655.0480
Mr. iMark D. Smith, P.C., L.S.
warm, Grecnway Cngincering
I 5 I Windy Hill Lane
Winchester, VA 22602
j remy F.,Camp, Planner II
Frederick Co. Planning Dept.
I, ��Ab 1-i"on iA l � 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 0()3, has
personally appeared before me and acknowledged the same in my State and C unty aforesaid.
Given under my hand this day of
My commission expires on�A
alo
\--N TARY PUBLIC
r
TO: Barbara - Data Processing
FROM: Carol Hufnning Dept.
Please print sets of labels by:
THANKS!!!
BOWN1AN/S110EMAKER COMPANIES REz,
Adjoining Property Owners
Name Tax Map # Address
ER Neff, Inc 86-((A))-77
Rachel S. Orndorff 86-((A))-78
Fruit Limited Partnership 86-((A))-80
PO Box 1027
Stephens City, VA 22655
1140 Ashby Station Road
Front Royal, VA 22630
PO Box 740
Warrenton, VA 20188
James L & Jane H Bowman
86-((A))-82
448 Fairfax Pike
Stephens City, VA 22655
Linwood D. Ritter
86-((A))-85E
746 Double Church Road
Stephens City, VA 22655
Joseph W Jr &
86-((A))-86,87
469 Fairfax Pike
Alice M Athey
Stephens City, VA 22655
/Samuel N &
86-((A))-89,90
683 Payne Road
Jo Ann Whitacre
Clearbrook, VA 22624
Kenneth E Herbaugh 86-((5))-A 561 Fairfax Pike
Stephens City, VA 22655
f�
✓ Georgetown Court 86C-((2))-83;q RR 1 Box 198
Homeowners Association Stephenson, VA 22656
V
J
tment
1.
THANK YOU!!
File N326WEAW/dls
0 •
I
December 6, 2002
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
�I O'1IFIr.Af10IN1 Or" PUBL IC ir1EAik1NIG
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REZONING #08-02 OF BOWMAN/SHOEMAKER PROPERTIES
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, December 18, 2002, at 7:00 p.m. in the board roorn of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia to reconsider the following:
Rezoning #08-02 of Bowman/Shoemaker Properties (tabled at the 9/4/02 and 11/20/02 meetings),
submitted by Greenway Engineering, to rezone 10.09 acres from RA (Rural Areas) to B2 (Business
General) District. This property is located south on Fairfax Pike (Rt. 277), approximately 800 feet east
of the intersection of Rt. 277 and Double Church Road (Rt. 641) and is identified with Property
Identification Number 86-A-81 in the Opequon Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
Jeremy F. Camp /
Planner II
JFC/cih
O \Agaidasb\djoincr Lvs\2002\Rczonings\8owman Shocmakcr. pd
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
/,7 - 14' - t%21, from the Department of Planning and Development, Frederick
County, Virginia:
Bs
86 A - 77-
NEFF, E. R., INC.
PO BOX 1027
STEPHENS CITY, VA 22655 1027
86 A 78
ORNOORFF, RACHEL S
1140 ASHBY STATION RD
FRONT ROYAL, VA 22630 2027
86 A 80
FRUIT LIMITED PARTNERSHIP
CIO CAPITOL PROPERTIES, INC
PO BOX 740
WARRENTON, VA 20188 0740
86 A 82
BOWMAN, JAMES L & JANE H
PO BOX 480
STEPHENS CITY, VA 22655 0480
86 A - 85 E
RITTER, ELIZABETH ANN
746 DOUBLE CHURCH RD
STEPHENS CITY, VA 22655 3221
Mr. Mark D. Smith, P.E., L.S.
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
Ss A
ATHEY, JOSEPH W JR & ALICE M
469 FAIRFAX PIKE
STEPHENS CITY, VA 22655 2980
86 A - 89
WHITACRE, SAMUEL N & JO ANN
683 PAYNE RD
CLEAR BROOK, VA 22624 1706
86 5 A
HERBAUGH, KENNETH E
561 FAIRFAX PIKE
STEPHENS CITY, VA 22655 2981
86C 2 1 A
GEORGETOWNE COURT HOMEOWNERS ASSOC.
RR 1 BOX 198
STEPHENSON, VA '22656 9801
86 A 81
BOWMAN, JAMES t
�{G PO BOX 480
r STEPHENS CITY, VA 12655 0480
Je emy F. Camp, Planner II
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I, 4-1h r I [ }- f I I , a Notary Public in and for the State and County
aforesaid, do hereby certify that Jeremy F. Camp, Planner II for the De artment of Planning and
Development, whose name is signed to the foregoing, dated 6 - (C C� , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of
My commission expires on WJ)
�- 1F RY PUBLIC
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
IOTIFICAMANI Or PUBLIC H A;tI�IG
November 6, 2002
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REZONING #08-02 OF BOWMAN/SHOEMAKER PROPERTIES
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, November 20, 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 08-02 of Bowman/Shoemaker Properties (tabled at the 9/4/02 meeting), submitted by
Greenway Engineering, to rezone 10.09 acres from RA (Rural Areas) to B2 (Business General) District.
This property is located south on Fairfax Pike (Rt. 277), approximately 800 feet east of the intersection
of Rt. 277 and Double Church Road (Rt. 641) and is identified with Property Identification Number 86-
A-81 in the Opequon Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
Jeremy F. Camp
Planner II
JFC/cih
0.4\gcndm\Adjoincr Ltrs\2002\ILczonings\Bowman ShocmAcr.wpJ
107 North Kent Street • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
/ - 6 r d 7 from the Department of Planning and Development, Frederick
County, Virginia: 86 - A- - 78-
86 . A• - 85•E
RITTER, LINWOOD D
746 DOUBLE CHURCH RD
STEPHENS CITY, VA 22655.3221
86 - A• • 86-
ATHEY, JOSEPH W JR & ALICE M
469 FAIRFAX PIKE
STEPHENS CITY, VA 22655.2980
ORNDORFF, RACHEL S
1140 ASHBY STATION RD
FRONT ROYAL, VA 22630.2027
86 - A- - 80-
FRUIT LIMITED PARTNERSHIP
CIO CAPITOL PROPERTIES, INC
PO BOX 740
WARRENTON, VA 20188.0740
86 - A- - 89- 86 - A- - 82- s � i
WHITACRE, SAMUEL N & JO ANN BOWMAN, JAMES L & JANE H
683 PAYNE RD PO BOX 480
CLEAR BROOK, VA 22624-1706 fflAT ^-R/t STEPHENS CITY, VA 22655
86 - 5- - A-
HERBAUGH, KENNETH E Mr. Mark D. Smith, P.L., L.S.
561 FAIRFAX PIKE Greenway Engineering
STEPHENS CITY, VA 22655.2981 151 Windy Hill Lanc
Winchester, VA 22602
86C - 2- - 1-A
GEORGETOWNE COURT HOMEOWNERS ASSOC.
A "'1R'1�_ 0)(198
P I>7 Agree SISTEPHENSO�N, VA 22656.9801
86 • A• - 77-
NEFF, E. R., INC. n
PO BOX 1027 'y ,
STEPHENS CITY, VA 22655 1027 J remyFeCarnp, Planner II
Frederick Co. Planning Dept.
STATE OF VIRGINIA
COUNTY OF FREDERICK
I &ffi mf) I�q " , a Notary Public in and for the State and County
aforesaid, do hereby certify that Jeremy F. Camp, Planner II for the Department of Planning and
Development, whose name is signed to the foregoing, dated L I - (0, 02 , has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this day of 0o ern rnD�)
My commission expires on Fc-h-un l i a 8
ARY PUBLIC
A
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
I 1 JTIFICATICANI OF PUBLIC HEEAwWi lG
August 21, 2002
TO: THE APPLICANTS) AND/OR ADJOINING PROPERTY OWNERS(S)
RE: REZONING #08-02 OF BOWMAN/SHOEMAKER PROPERTIES
On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing
being held on Wednesday, September 4, 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 #08-02 of Bowman/Shoemaker Properties permitted by Greenway Engineering, to rezone
10.09 acres fi-om RA (Rural Areas) to B2 (Business General) District. This property is located south
on Fairfax Pike (Rt. 277), approximately 800 feet east of the intersection of Rt. 277 and Double Church
Road (Rt. 641) and is identified with Property Identification Number 86-A-81 in the Opequon
Magisterial District.
Any interested parties having questions or wishing to speak may attend this public hearing. A copy of
the application will be available for review at the Handley Library the week of the meeting, or at the
Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia.
Sincerely,
Jeremy F. Camp
Planner II
JFC/cih
0 b\gmdus Adjoincr Ltrs\2002\Rczonings\Bowman Shocmakcr.rvIA
107 North Kent Street • Winchester, Virginia 22601-5000
0
•
This is to certify that the attached correspondence was mailed to the following on
,Q 2 /-- OZ� from the Department of Planning and Development, Frederick
County, Virginia,
86 • A• 89•
86 - A- - 77-
NEFF, E. R., INC.
PO BOX 1027
STEPHENS CITY, VA
86 - A- - 78-
ORNDORFF, RACHEL S
22655.1027
1140 ASHBY STATION RD
FRONT ROYAL, VA 22630-2027
86 • A• - 80-
FRUIT LIMITED PARTNERSHIP
CIO CAPITOL PROPERTIES, INC
PO BOX 740
WARRENTON, VA 20188.0740
86 - A. - 82-�g1
BOWMAN, JAMES L & JANE H
PO BOX 480
STEPHENS CITY, VA 22655
86 . A- • 85•E
RITTER, LINWOOD D
746 DOUBLE CHURCH RD
STEPHENS CITY, VA 22655.3221
86 - A- - 86-
ATHEY, JOSEPH W JR & ALICE M
469 FAIRFAX PIKE
STEPHENS CITY, VA 22655.2980
STATE OF VIRGINIA
COUNTY OF FREDERICK
WHITACRE, SAMUEL N & JO ANN
683 PAYNE RD
CLEAR BROOK, VA 22624.1706
86 - 5- - A-
HERBAUGH, KENNETH E
561 FAIRFAX PIKE
STEPHENS CITY, VA 22655.2981
86C - 2- - 1-A
GEORGETOWNE COURT HOMEOWNERS ASSOC.
RR 1 BOX 198
STEPHENSON, VA 22656-9801
Mr. Mark D. Smith, P.E., L.S.
Greenway Engineering
151 Windy Hill Lane
Winchester, VA 22602
- I - �t' JiY
emy F. C p, Plann r II
Frederick Co. Planning Dept.
0--nn Hn I l , a Notary Public in and for the State and County
aforesaid, do hereby certify that Jeremy F. Camp, Planner II for the Department of Planning and
Development, whose name is signed to the foregoing, dated C �)' C has
personally appeared before me and acknowledged the same in my State and County aforesaid.
Given under my hand this (� �� day ofJ
My commission expires on
Hag
�N ARY PUBLIC
6
TO: Barbara in Data Processing
• FROM: Caroff - Planning Department
Please print sets of labels by:
THANK YOU!!
BOWMAN/SHOEMAKER COMPANIES REz ucNjLv.%-.
Adjoining Property Owners
Name Tax Map # Address
ER Neff, Inc 86-((A))-77
, Rachel S. Orndorff 86-((A))-78
Fruit Limited Partnership 86-((A))-80
James L & Jane H Bowman 86-((A))-82
Linwood D. Ritter
' Joseph W Jr &
Alice M Athey
/Samuel N &
Jo Ann Whitacre
Kenneth E Herbaugh
✓ Georgetown Court
Homeowners Association
86-((A))-85E
86-((A))-86,87
86-((A))-89,90
86-((5))-A
IA
86C-((2))-83;V
L—
a
PO Box 1027
Stephens City, VA 22655
1140 Ashby Station Road
Front Royal, VA 22630
PO Box 740
Warrenton, VA 20188
448 Fairfax Pike
Stephens City, VA 22655
746 Double Church Road
Stephens City, VA 22655
469 Fairfax Pike
Stephens City, VA 22655
683 Payne Road
Clearbrook, VA 22624
561 Fairfax Pike
Stephens City, VA 22655
RR1Box 198
Stephenson, VA 22656
File 83269/EAW/dls
g zt- o�
•
0
A Closed Session of the Frederick County board of Supervisors was held on June 12, 2002,
at 5:00 P.M., in the Board of Supervisors' Meeting Room, 107 North Kent Street, Winchester,
Virginia.
PRESENT
Chairman Richard C. Shickle; Vice Chairman W. Iarrington Smith, Jr.; Robert M. Sager;
(Not present during this portion of the meeting, he arrived at 6:58 P.M.) Margaret B. Douglas;
Sidney A. Reyes; Gina A. Forrester; and Lynda J. Tyler.
BOARD RETIRES INTO CLOSED SESSION
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the Board retired
into Closed Session in accordance with the Code of Virginia, 1950, as amended, Section 2.1-344,
Subsection A, (1) to Discuss Personnel.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Absent at this time
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
BOARD WITHDRAWS FROM CLOSED SESSION
Upon motion made by Supervisor Smith, seconded by Supervisor Tyler, the Board withdrew
from Closed Session.
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Absent at this time C
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
BOARD RECONVENED INTO REGULAR SESSION
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the Board
reconvened into Regular Session and stated that nothing, other than what was stated as reason for
going into Closed Session was discussed. (TIME: 5:59 P.M.)
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Absent at this time
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
CHAIRMAN SHICKLE CALLS FOR THE BOARD TO GO INTO A
WORKSESSION
SUPERVISOR FORRESTER REQUESTS A SHORT RECESS
BOARD GOES INTO WORKSESSION
Upon motion made by Supervisor Smith, seconded by Supervisor Reyes, the Board went into
a worksession to discuss the following:
1. Discussion of Sewer and Water Service Area (SWSA) - Alternatives for Expansion
(Beverly Shoemaker Property). )Brought Back to Board at Request from May 22,
2002 Board Meeting.
2. Discussion of Fiscal Impact Model (Annual Update of Capital Facilities Proffer).
The above motion was approved by the following recorded vote:
Richard C. Shickle - Aye
W. Harrington Smith, Jr. - Aye
Robert M. Sager - Absent at this time
Margaret B. Douglas - Aye
Sidney A. Reyes - Aye
Lynda J. Tyler - Aye
Gina A. Forrester - Aye
D% �
CHAIRMAN CALLS FOR 5 MINUTE RECESS
-2-
•
0
D SCliSS1O1 OF SEWER AND WATER SERVICE AREA ISNN'SA1 -
-YLTERNATIVES FOR EXPANSION (BEVERLY SHOEMAKER PROPERTY).
(BROUGHT BACK TO BOARD AT REQUEST FROM MAY 22, 2002 BOARD
MEETING.)
Planning Director Lawrence presented this information to the Board once again, advising that
information pertaining to this request has been prepared by Mark Smith of Greenway Engineering.
Mr. Smith has requested the expansion of the Sewer and Water Service Area (SWSA) to incorporate
a 10.03 acre parcel in the Opequon Magisterial. The site is presently in residential use. The property
owner intends to ultimately utilize the existing residential structure as an office. He further advised
that when this was present to the Board at their meeting in May various Board members felt it would
be prudent to again look at the four previous SWSA alternatives for this area that were discussed
earlier this year. He further advised that staff has assembled these four alternatives, modified to
reflect a Board -approved SWSA expansion which occurred in February 2002.
Supervisor Smith asked to have Mr. Leonard's property included in this plan. He further
advised that the Board has discussed which properties in the area of Route 636 - 277 intersection
should be included within the SWSA numerous times over the past ten years. The Fulton property
was put in some year ago, at least three requests were considered from the Ritters to provide service
to the trailer park before the Board agreed to allow it. The four proposals were discussed earlier this
year for inclusion into SWSA. He further advised that each time this issue is discussed concerning
failing septic systems the Board has allowed the properties on Route 636 and Route 727 to be served,
based on that concern. He has constituents on Route 636 North and Route 277 with similar
problems. He has had one property owner contact him and asked that his property be considered for
inclusion into this request. He feels these citizens with similar problems need to be treated the same.
He would like to see the Board take a more thorough look at what should be placed within the
SWSA, rather than revisiting the issue every six months.
®RAFT
-3-
Administrator Riley asked Director Lawrence if there is a logical point of demarcation where
the water and sewer service line could be moved, that is currently on Route 636 going northeast that
would make sense as far as consistently is concerned as far as not only Mr. Leonard , but anything
else within that large area such as a gravity fed sewer or those sorts of things?
Director Lawrence advised that at this point, staff has not done any research to that degree.
Generally speaking the water and sewer service lines follows property line, roads, historically
follows the drainage lines, peaks and hills. In this area there is some drainage, but there are not
significant property lines, so additionally research would be needed in order to determine a good
location.
Supervisor Smith asked for clarification on the two maps that are showing the Leonard
property, he wanted to know which one was correct.
Director Lawrence advised that he felt the map provided by Mr. Leonard would be the more
accurate one.
Supervisor Smith asked Director Lawrence to pursue this further and let the Board know
what is correct, as this has been going on too long.
Supervisor Forrester - Asked if staff could set up some type of policy with a rating scale that
would give the Board criteria and that way the Board would not be in the situation Supervisor Smith
referred to in that the Board is revisiting this issue every six months.
Director Lawrence asked for clarification of this directive, are you saying from the land use
prospective.
Supervisor Forrester replied yes. Something to determine how something is weighted in
making a decision. She would like to see consistency.
Assistant Administrator Tierney advised that he was not recommending this necessarily, but
one possibility would be in situations like this, rather than moving the line, because everytime we
-4- `
move the line someone else is now adjacent to the line. The County could conceivably adopt a
policy that if your property, in a situation where 636 is the sewer and water service area line, that if
your have fi-ontage on 636 you would be eligible to tap into a sewer line, should it be on 636. That
way, only those that have frontage would be considered eligible to tie in to the sewer line. This is
an option, lie is not necessarily recommending it.
Chairman Shickle advised if staff can handle alternatives as to how this can be looked at, it
will be back before the Board. His particular problem on Route 277 is when citizens tell him they
have water, but they cannot hook up to sewer because they are not in the water and sewer service
area, this confuses him as to how Ile should be discussing this issue.
Director Lawrence advised that lie was hearing that the Board wanted some type of criteria
created in order to evaluate projects. The second suggestion is that staff come up with a
recommendation that might address Mr. Leonard's situation and whether or not lie should be
included in the sewer and water, whether it's through policy or through boundry adjustment. He
further asked for direction as to whether all of this should be brought back together or did the Board
want to act on the Shoemaker property separately.
The consensus of the Board was that everything should be included and brought back to the
Board at one time.
DISCUSSION OF FISCAL IMPACT MODEL (ANNUAL UPDATE OF CAPITAL
FACILITIES PROFFER)
Director Lawrence presented this information to the Board advising that during the March
2002 Planning Commissioners Retreat a section of the agenda concentrated on the county's Capital
Facilities Fiscal Impact Model. He further advised that at the conclusion of the retreat, staff was
directed to present the updated model to various agencies for their input. This model was presented
to parks and recreation Commission, School Board, Department of Fire and Rescue, and the Top of
-5-
GREENWAY ENGINEERING
151 Windy Hill Lane
Winchester, Virginia 22602
Founded in 191-1
4 Fe ion s rm, ed 4hls
tin
de posy t che,1�
TRANSMITTAL
Project Name: Bowman/Shoemaker Companies Rezoning
File No.: 3269
Date: August 7, 2002
To: FC Planning
Attn: Jeremy Camp
Copied:
From: Evan Wyatt/ds
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: f7i'Urgent r.7 For Your Review As You Requested ri Please Comment
Message:
Jeremy,
Attached are the following for the above rezoning project:
-Rezoning application
-Application fee check
AtutiV
-Zoning Map/Proposed Traffic and Signal Exhibit
-Copy of Deed/Will
; '`'G 0 8 2002
-Impact Statement
-Proffers
KEPT, OF PIANNINGIDEVELOPMENT;
-FC Planning continent sheet
-All Agencies comment sheets
-60 color copies of the Zoning Map/Proposed Traffic and Signal Exhibit for distribution
Call with any concerns
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway@visuaflink.com
0
GREENWAY ENGINEERING
151 Windy I-Iill Lane
Winchester, Virginia 22602
Founded in 1971
to
J U L la , ; 1002
T R A N S M I T T A L
Project Name: Bowman-Shoeinaker Companies Rezoning
File No.: 3269
Date: July 3, 2002
To: FC Planning
Attn: Jeremy Camp
Copied:
From: Evan Wyatt
GREENWAY ENGINEERING
Phone: 540-662-4185
Fax: 540-722-9528
Remarks: r Urgent ri For Your Review As You Requested r. Please Comment
Message:
I-Ii Jeremy,
Please find attached an advance copy of the rezoning proposal that I advised you of. Please
contact me once you have had an opportunity to review this information so we can discuss any
issues that may arise.
Have a good day!
Evan
Engineers Surveyors
Telephone 540-662-4185 FAX 540-722-9528
greenway a visuallink.com