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HomeMy WebLinkAbout09-02 Aikens Property - Stonewall - BackfileCASH Date 1 00276E r r Received From 1�rlQ � - r a Addre�• 1 For s M jU 4. AM? OFF, ACCOUN CASH AM? PAID CHECK v+ B�/ R �/ BALANCE MONEY ORDER❑ DUE CDCREDITCMDIJ REZONING TRACKING SHEET Check List: Application Form Proffer Statement Impact Analysis Adjoiner List DATE e-12-a2 Application received/file opened Fee & Sign Deposit _ Deed Plat/Survey Taxes Paid Statement Impact Model Run _ 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 8'/2" x I I" black and white location map ordered from Mapping • ( y • Jai, File given to office manager to update Application Action Summary PC public hearing date ACTION: r � p2iip n 4 'Am" ja - - % BOS public hearing date ACTION: APPRnVF'fl 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.) Action letter mailed to applicant Reference manual and D-base updated "I 3y �aZ File given to office manager to update Application Action Summary (final action) eq-2-1-oZ o`t-??-o Z File given to Mapping/GIS to update zoning map Zoning map amended l' Cwo1'C=mmArsckjnS rcr Revised 05/09/02 J 6 ... COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 September 27, 2002 G. W. Clifford & Associates, Inc. c/o Charles E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 RE: REZONING 909-02 FOR AIKENS PROPERTY Dear Mr. Maddox: The Predcrick County Board of Supervisors approved the above -referenced application to rezone 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3 (Industrial Transition) District. This property is located west and adjacent to Martinsburg Pike (Rt. 1 1) and south and adjacent of Stine Lane and is identified with Property Identification Numbers 54-A-21; 54- A-20A; 54-A-20 and 54-A-22 in the Stonewall Magisterial District. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, 1 /C-nlyl; JeCamp Planner II JFC\cih cc: Lynda Tyler, Stonewall District Supervisor* Jane Anderson, Real Estate* Marcus Lemasters, GIS* John Light, Stonewall District Planning Commissioner* em: Charles Del-Iaven, Jr., Stonewall District Planning Commissioner* (* - without proffers) 107 North Kent Street • Winchester, Virginia 22601-5000 REZONING APPLICATION #09-02 AIKENS PROPERTY Staff Report for the Board of Supervisors Public Hearing Prepared: September 16, 2002 This report is prepared by the Frederick County Planning Staff to provide infolvnation to the Planning Commission and the Board of Supervisors to assist their in making a decision on this application. It may also be usefiul to others interested in this zoning matter. Reviewed Action Planning Commission: 09/04/02 Recommended Approval Board of Supervisors: 09/25/02 Pending PROPOSAL: To rezone 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (BL1S111css General) to B3 (Business Industrial Transition). LOCATION: This property is located west and adjacent to Martinsburg Pike (Rt. 1 1) and south and adjacent of Stine Lane. 1,IAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBERS: 54-A-21; 54-A-20A; 54-A-20 and 54-A-22 PROPERTY ZONING & PRESENT USE: Zoned: M 1 (Industrial, Light) Land Use: Industrial & Commercial M2 (Industrial, General) (With Railroad) B2 (Business, General) ADJOINING PROPERTY ZONING & PRESENT USE: North: Zoned B2 (Business, General) District Use: Industrial/Offices Zoned M2 (Industrial, General) District Use: 111dllstrlal South: Zoned 132 (Business, General) District Use: Commercial East: Zoned M2 (Industrial, General) District Use: Industrial West: Zoned MI (Industrial, Light) District Use: Industrial/Offices Zoned M2 (Industrial, General) District Use: Industrial i 0 REZ 909-02, Aikens Property Page 2 September 16, 2002 PROPOSED USE: Office ( Headquarters for H&W Construction) REVIEW EVALUATIONS: Virginia Dept. of Transportation: The documentation with the application to rezone this property appears to have a measurable impact on Route 11, Martinsburg Pike. Route 1 1 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 Aikens Property rezoning application dated July 2002, addresses transportation concerns associated with this request. Considering the relatively high traffic volumes on Route 11, care should be exercised to predict accurate site volumes at construction site plan stage. Before development, this office will require a complete set of construction plans detailing entrance designs, drainage features, and traffic flow data from the ITE Trip Generation manual, Sixtli 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. Fire Marshal: Fire & rescue access must be maintained at all times. Fire lanes to be identified by the Frederick County Fire Marshal's office. Fire hydrants are required to be with 300 feet of all portions of any commercial building per Frederick County Code. Plan approval recommended at tills time. Millwood Station Fire & Rescue: Proper hydrant spacing and stand -pipe system. Frederick -Winchester Health Department: Health Department has no objections at this time. Permits for water and sewer facilities must be obtained from appropriate agencies. CountyEngineer: See attached letter fi-oin H. E. Strawsni4er, .Ir., P.E., Director of Public Works, dated Jiil}l 2, 2002. Sanitation Authority: No Comment. Frederick -Winchester Service Authority: No comments; serviced FCSA - Opequon Facility. Historic Resources Advisory Board: Upon review of this rezoning, it appears the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the proposal by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property. The National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would impact. Thank you for the chance to comment on this application. • 0 REZ #09-02, Aikens Property Page 3 September 16, 2002 County Attorney: Need to specify when monetary contribution to be made; once owner(s) sign, they appear in proper form. City of Winchester: No Comments. Planning & Zoning: 1) Site Histol'y The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) depicts the zoning for the subject parcels which comprise the proposed rezoning as R-1 (Residential Limited) and M-2 (Industrial General). During the comprehensive rezoning of 1980, parcels 54- A-20, 54-A-22, and 54-A-20B were rezoned from the R-1 District to the R-3 (Residential General) District. Rezoning application #09-81 was later approved to rezone parcel 54-A-22 to the M1 (Industrial Light) District. Then with the approval of rezoning application #03-85, parcels 54-A-20 and 54-A-21 were rezoned to the B2 (Business General) District. The parcels are presently within the M1, M2, & B2 Zoning Districts. 2) Location The parcels which comprise the proposed rezoning are located west and adjacent to Martinsburg Pike (Route 1 1) and south and adjacent of Stine Lane. Lee Avenue (Route 764) is located to the south of the proposed area to be rezoned, but is not adjoining it. According to the Fredericl< County Eastern Road Plan, found in the Comprehensive Policy Plan, Martinsburg Pile (Route 1 1) is classified as a major collector road. Stine Lane is a private road. The subject parcels are surrounded by a mixture of industrial and commercial properties. In general, commercial properties exist to the north and south of the parcels. Industrial properties are located to the east and the west. 3) Comprehensive Policy Plan This proposal to rezone 1.39 acres from the Ml, M2, & B2 Zoning Districts to the B3 Zoning District is consistent with the objectives for the development of commercial property found in the Frederick County Comprehensive Policy Plan. The properties are located within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA); they are located along a major collector road; and are located in close proximity to large urban areas. The Frederick County Primary Road Improvement Plan of 2001 identifies the portion of Martinsburg Pike, which adjoins the subject parcels, as a road for future improvement. The general plan identified in this document is to create an urban four lane road system from the northern limits of Winchester to the intersection of Old Charles Town Road (Route 761). The REZ 909-02, Aikens Property Page 4 September 16, 2002 Frederick County Comprehensive Policy Plan identifies Martinsburg Pike (Route 1 1) as a road designated for a future bicycle path. 4) Site Suitability No flood plains, lakes or ponds, wetlands, sinkholes, prime agricultural soils, steep slopes, or woodlands have been identified on the site. The Frederick County Soil Survey indicates that two soil types exist in the area of the subject parcels. These soils are Frederick-Poplimento loanls, 2-7% slopes (1413), and Massanetta loam. The limitations for development on Frederick-Poplimento loanls, 2-7% slopes (14B) are the soils shrinking and swelling effect, the clay subsoil, low strength, lack of permeability, and slope. The limitation factor for development on Massanetta loam soils is the wetness of the soils. None of these factors appear to be of major concern with the proposed development of the subject site. The site exists within the Limestone/Carbonate Aquifers geologic are of the County. 5) Intended Use The applicant intends to rezone the subject property to the B3 (Business Industrial Transition) District. Although no proffers are provided which would limit other development permitted in the B3 Zoning District, the applicant has stated that the intent of the rezoning is to accommodate future expansion of the existing H&W Construction facility. 6) Potential Impacts a) Transportation The Impact Analysis Statement of this rezoning advises that the development of the 1.39 acres would generate all additional 100 automobile trips and 10 tractor -trailer trips per day, based oil a six day workweek. Presently, the site generates a total of 100 vehicles per day. The additional traffic generation is based oil projections made to account for 10 new employment positions created as a result of the expansion and business trips by clients. The Impact Analysis Statement also indicates that the principle access for automobiles will be an entrance onto Martinsburg Pike (Route 11). Trucks would access Stine Lane according the applicant's information. The applicant does not indicate that the railroad will be used for the proposed development. Planning Staff Comment: The 2000 Virginia Department of Transportation Daily Traffic Volumes Jurisdiction Retort 34 indicates that the Annual Average Daily Traffic for the portion of Martinsburg Pike (Route 1 1) adjoining the site of the proposed rezoning is 11,000. An additional 1 10 vehicle trips per day on Martinsburg Pike (Route 11) translates into a 1% increase in traffic. The H&W facility would REZ 909-02, Aikens Property Page 5 September 16, 2002 incur a 110% increase in traffic from existing conditions. b) Historic Resources Information provided witliin the applicant's Impact Analysis Statement identifies that no historic sites or structures will be impacted as a result of the proposed rezoning. SICI f Comment No significant historic structures or core battlefields are located on the site of this rezoning, based on the information found in the Frederick County Rural Landmarks Survey and the National Park Service Study of Civil War Sites in the Shenandoah Valley. However, there are numerous civil war historical sites which are located in close proximity of the subject parcel. Sonic of these historical resources are the 2" ' Battle of Winchester, Star Fort, Rutherford Farm, and the 3`d Battle of Winchester. These historic resources are assets to Frederick County which may be utilized more in the future. Therefore, staff believes consideration of improving the viewshed along Martinsburg Pike (Route 11) should be given. Staff suggests that additional landscaping and/or architectural standards be looked at for this development. c) Water & Sewer The Impact Analysis Statement indicates that the anticipated water and sewer demand for the proposed development is 5,000 gallons per day. It also states that sewer and water shall be provided from connections to FCSA facilities in the Lee Avenue right-of-way. d) Drainage The applicant's Impact Analysis Statement says that the drainage of the site is presently carried to the intermitted stream channel located on the southern end of the site. The Impact Analysis Statement further indicates that it is anticipated that a stormwater management basin will be utilized to manage stormwater. Staff Comment The County Engineer has identi fled a historic drainage problem in the area. FIe suggests that the two commercial properties to the south of the development be included in any future stormwater management plans for this development. IIe also indicated that the Virginia Department of Transportation (VDOT) is currently in the process of upgrading drainage structures under Lee Avenue so stormwater can be directed under Martinsburg Pike (Route 11). • REZ #09-02, Aikens Property Pagc 6 September 16, 2002 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 proffer statement provides a monetary payment of $3,000 dollars to help mitigate some of the impacts that the development will have on Fire & Rescue Services and Police Services. $2,000 would go to Fire & Rescue and $1,000 would go to the Sheriff's Office. Proffer revisions submitted after the 914102 Planning Commission meeting: The monetary contributions would be paid at the time of the issuance of the brrilrlirrg permit. The applicant has also proffered a 10 foot planting strip between the parking lot and Route IL STAFF CONCLUSIONS FOR 09/04/02 PLANNING COMMISSION MELTING: Overall, the concept to rezone this 1.39 acres of land does not appear to have any significant impacts. The property is within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) and is presently zoned M1, M2, and B2. Furthermore, the plan is consistent with the Comprehensive Policy Plan. There is a major collector road and an alternative access road to the property; and the site is located close to large areas of industrial development, which typically support B3 Zoned land. Staff believes that the applicant should be prepared to address the minor concerns which have been raised by the County Attorney and the County Engineer. Planning Staff recognizes the need to also consider the following concerns: • Consideration of bicycle facilities on the property as designated for in the Comprehensive Policy Plan. The applicant should be prepared to address the issues identified in this report, those issues raised by the review agencies, the Planning Commission, and the Board of Supervisors. PLANNING COMMISSION SUMMARY & ACTION OF 09/04/02: The applicant indicated there was a substantial amount of land between the existing edge of pavement on Rt. 11 and their property line to accommodate a bicycle path, if that was the County's chosen element for that area. Regarding additional landscaping, the applicant stated their intentions to exceed the B3 ordinance requirements for landscaping, including perimeter and interior trees, and shrubs; in addition, they would maintain a ten -foot buffer strip along the parking lot for landscaping and install a commercial entrance with transitions. It was also noted by the applicant that they will be coordinating with the County's engineer to improve the drainage across Lee Avenue during the site plan process. In addition, they will amend their proffer statement to specify that monetary contributions will be made at the time of 0 0 RLZ 809-02, Aikens Property Page 7 September 16, 2002 building permit acquisition to satisfy the County Attorney. There were no citizen comments regarding the proposal. No issues of concern were raised by the Commission and members spoke favorably about the proposal, particularly because it was a request from an existing, reputable company, the request was basically a down -zoning, and the development would provide considerable visual improvement to the site along Rt. 11. The Commission unanimously recommended approval. (Note: Commissioner Triplett was absent from the meeting.) O`-Agcndu�CO\I\IENTS\REZONING\Staff Rcl�r02002Wkcns Prolxrty scpl 0 REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA 77ie 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: Gilbert W. Clifford & Associates, Inc. Telephone: 667-2139 Address: c/o Charles E. Maddox Jr. P.E. VP 117E Piccadilly Street Suite 200 Winchester VA 22601 2. Property Owner (if different than above) Name: Walter and Harry Aikens Telephone: 667-3752 Address: P.O. Box 2468 Winchester, Virginia 22604 3. Contact person if other than above Name: Charles E. Maddox, Jr. P.E. Telephone: 667-2139 G W Clifford & Associates, Inc. 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deep of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X • S. 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: Harry W. Aikens Walter H. Aikens 6. A) Current Use of the Property: B) Proposed Use of the Property 7. Adjoining Property: M-1 and B-2 B-3 (Industrial Transition) PARCEL ID NUMBER USE ZONING 54-A-25 A Industrial M-2 54-A-27 Industrial M-2 54-A-42 Commercial B-2 54-A-44 Vacant B-2 54-A-45 Commercial B-2 54A-1-15A Industrial M-2 54-A-19 Commercial M-2 54A-1-15B Industrial M-1 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). West and adjacent to U.S. Route 11 (Martinsburg Pike) and south and Adjacent of Stine Lane. 2 • 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 54 A 21 54-A-20A, 54-A-20 54-A-22 Districts Magisterial: Stonewall High School: James Wood Fire Service: Millwood Station Middle School: James Wood Rescue Service: Millwood Station Elementary School: Stonewall 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 1.34 M-1 B-3 .05 B-2 B-3 1.39 Total acreage to be rezoned 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed Single Family Home 0 Townhome 0 Non -Residential Lots 0 Mobile Home 0 Square Footage of Proposed Uses Office 10,200 Service Station Retail 0 Manufacturing Restaurant 0 Warehouse Other Multi -Family 0 Hotel Rooms 0 I 0 0 0 3 L G F-1 11 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) (::Date Charles E. Maddox, Jr., P.E., — ilbert W. Clifford & Associates, Inc. 7 zJ. Owner(s) 4-1 /L; 8 �w Date -L/, `� S� — o Har �ikens 7 Date -Z— Walter H. Aikens 9 • Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name: James D & Ralph D Shocke y P.O. Box 2530, Winchester VA 22604 Property # 54-A-25A Name: James D & Ralph D Shockey P.O. Box 2530, Winchester, VA 22604 Property # 54-A-27 Name: Karl D & Judith Custer 130 Lee Ave., Winchester, VA 22601 Property # 54-A-42 Name: Harry W. & Walter H Aikens P.O. Box 2468, Winchester, VA 22604 Property # 54-A-44 Name: Harry W. & Walter H Aikens P.O. Box 2468, Winchester, VA 22604 Property # 54-A-45 Name: Shockey Industries, Inc. P.O. Box 2530, Winchester, VA 22601 Property # 54A-1-15A Name: John D. Glover & Sons, Inc. P.O. Box 2761, Winchester, VA 22604 Property # 54-A-19 Name: Slaughter Properties P.O. Box 696, Winchester VA 22604 Property # 54A-1-15B Name: Fort Collier Group 6231 Leesburg Pike, Suite 600, Falls Church, VA 22044 Property # 54-A-36I 5 Aikens Properly II. General Criteria and Summary The Impact Analysis Statement in Section III is provided in summary form for the property owned by Harry and Walter H. Aikens. The property is located on U.S. Route 11 north of Winchester. The land to be rezoned totals 1.39 acres. The parcel is currently zoned M-1 and B-2. The requested rezoning is to change the current 1.39 acres of M-1 and B-2 to B-3 (Industrial Transition). The Impact Analysis Statement for the Aikens land is prepared as required by the Frederick County Board of Supervisors for rezoning approval of the property. The model projects a positive fiscal impact. The owners/developers have proffered an amount that will benefit Fire and Rescue and Sheriff support in the Winchester area. There are no residential units proposed as part of this rezoning request. The property will support an office complex including a 10,200 SF business office use. The rezoning petition is prepared with special attention to compliance with issues related to the County Comprehensive Plan. Action: PLANNING COMMISSION BOARD OF SUPERVISORS AMENDMENT September 4, 2002 - September 25, 2002 - Recommended Approval ❑ APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #09-02 OF AIKENS PROPERTY WHEREAS, Rezoning #09-02 of Aikens Property, was submitted by G. W. Clifford & Associates, Inc., to rezone to rezone 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3 (Business Industrial Transition). This property is located west and adjacent to Martinsburg Pike (Rt. 11) and south and adjacent of Stine Lane and is identified with Property Identification Numbers 54-A-21; 54-A-20A; 54-A-20 and 54-A-22 in the Stonewall Magisterial District; and WHEREAS, the Planning Commission held a public hearing on this rezoning on September 4, 2002;and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on September 25, 2002;and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive Policy Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to change 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3 (Business Industrial Transition) as described by the application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes 0:21-02 ri LJ 0 This ordinance shall be in effect on the date of adoption. Passed this 25°i day of September, 2002 by the following recorded vote: Richard C. Shickle, Chairman Gina A. Forrester W. Harrington Smith, Jr Lynda J. Tyler Aye Sidney A. Reyes Aye Margaret B. Douglas Aye Robert M. Sager Aye PDRes. 1121-02 04lgcndu\COAfAIGNTS\RLIONING\RGSOLUTN'v\ikcns NoMly wpd Aye Aye Aye A COPY ATTEST John R. iley, Jr. Frederick County Administrator REZONING REQUESTPROFFER Property Identification Number 54-A-21, 54-A20-A, 54-A-20 & 54-A-22 Stonewall Magisterial District AIKENS PROPERTY ROUTE 11 NORTH Preliminary Matters Pursuant to Section 15.2-2296 et. Seg.,of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of' Supervisors of Frederick County, Virginia, shall approve Rezoning Application ! - for the rezoning of 1.39 acres fi-om the Light Industrial (M- I ) and Business General (B-2) to Industrial Transition (B-3). 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These prof?-ers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.39 acres, with frontage along U.S. Route I I in the Stonewall Magisterial District of Frederick County, Virginia from M-1 and B-2 to B-3. This monetary proffer provides for $2,000.00 for Frederick County Fire and Rescue and $1,000.00 for Sheriff's Office. Payment shall be made at the time of issuance of building permit. ParkinV, Lot A 10' clear planting strip shall be provided between the U.S. Route 1 1 right of way line and the parking lot limits to allow planting of street trees and landscaping. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. (Revision 9/9/02) Page] of 2 0 REZONING REQUEST PROFFER Property Identification Number 54-A-21, 54-A-20A, 54-A-20 & 54-A-22 Stonewall Magisterial District Aikens Property Respectfully submitted, PROPERTY WNCR By: /lam, Date: -"// % / O STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: C Ttie forVo#�lg,instrument was ac}�t�ow,lcdged before me this �ti day of 2002, by /H My commisssjp4_ expires /—� , . a 0/ -a Z/ Notary Public Page 2 of 2 rtW . clifford & associate , ine gilbe , INCORPORATED 1972 Engineers — Land Planners — Water Quality 9 September 2002 Mr. Jeremy Camp Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Aikens Rezoning U. S. Route 11 North Dear Jeremy, Board of Directors: President: 'nuomns J. O'Toole, Y.E. Vice Presidents: Charles L. Maddos, Jr., P.L. F.arl R. Sutherland, P.E. Ronald A. Mislowsky, RE David J. Saunders, P.E. Directors: William L. Wright Michael A. I lammer 'Ihotnas W. Price Attached please find the proffer for the Aikens Rezoning to be heard by the Board of Supervisors on September 25t1i. Two changes have been made to update the proffer statement pursuant to agreement with the Planning Commission on September 4ll'. We have specified that cash proffers are to be paid at building permit and specified the10' planting strip along U.S. Route 11. Attached is the signed and notarized revision for your use. Sincerely yours, gilbert iy,-�lifford & assocotes,,>tc. If C. E. Maddox, Jr., P.E., Vice CENUkf Enclosure cc: Walter Aikens sident S E P 1 0 200E HR. 01" PLANNINC'[�FVFL.OPMFNI gh117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 c-(nail gwcaram r@eartliliilk.net A4emGer American Cousullitig Aitgitieers Coulicil 9 • • • • REZONING REQUEST PROFFER Property Identification Number 54-A-21, 54-A20A,54-A-20 & 54-A-22 Stonewall Magisterial District AIKENS PROPERTY ROUTE 11 NORTH 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 rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #fQq_: 1for the rezoning of 1.39 acres from the Light Industrial (M-1) and Business General (B-2) to Industrial Transition (B-3). Development of the subject property shall be done in conformity with the terns and conditions set forth herein, except to the extent that such terns 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.39 acres, with frontage along U.S. Route l l in the Stonewall Magisterial District of Frederick County, Virginia from M-1 and B-2 to B-3. This monetary proffer provides for $2,000.00 for Frederick County Fire and Rescue and $1,000.00 for Sheriff's Office. The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. in the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PROPERTY O NER By: Date: ''- '?— O"7__ STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: Thp�f.o``re Doing inst men was acknowledged before me this 2002, by L(JC? �1, i�.� My commission expires ZOOS • Notary Public day of ( (1 + , gilGert w. Clifford & associatip, inc. 117 Gast Piccadilly Street, .Vuite 200 Trinchester, Virginia 22601 540-667-2139 Fax:540-665-0493 e-mail: gwcarani(ti)earthlink.net To: Frederick We are sending; you Hand Delivered E]Sllop Drawings Copy of Letter 0 Attached Change Order Prints 1-1 Plats LETTER OF TROSMITTAL Present Date Job No. 8/ 15/02 Attention: Jeremy Canl Re: Aikens Property Route I 1 North Under Separate via Samples Plans Copies Date Description 1 Rezoning Request Proffer with original signature Are Transmitted aFor Approval For Your Use aAs Requested MFor Review or Comment aFor Bids Due Remarks Copy To: Approved/Submitted Approved/As Noted Return/Corrections 2002 the following; items Specifications Other Resubmit for Approval a Submit for Distribution Returned Corrected Prints Loan Print/Return aReturn/with Signatures tj UG j DEPT. OF PLI\NNNG,DEVELOPMENT R eeduwj Signed C. B. Maddox, Jr., P.C., VP Rev 3.0 3/10/97 ' Respectfully submitted, PROPERTY WNER ' By: [I � I � I � I Date: Z - .:Z Y —p 2-- STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this 2002, by My commission expires Notary Public 1 �- REZONING REOUEST PROFFER ' Property Identification Number 54-A-21, 54-A20A, 54-A-20 & 54-A-22 Stonewall Magisterial District AIKENS PROPERTY ROUTE 11 NORTH ' 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 rezoning, the undersigned applicant ' herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application # for the rezoning of 1.39 acres from the Light Industrial (M-1) and Business General (B-2) to Industrial Transition (B-3). 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 Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These ' proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution ' The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 1.39 acres, with ' frontage along U.S. Route 11 in the Back Creek Magisterial District of Frederick County, Virginia from M-1 and B-2 to B-3. This monetary proffer provides for $2,000.00 for Frederick County Fire and Rescue and $1,000.00 for ' Sheriff's Office. The conditions proffered above shall be binding upon the heirs, executors, adminisi successors in interest of the Applicant and Owner. In the event the Frederick Supervisors grant said rezoning and accepts these conditions, the proffered conditio land rezoned in addition to other requirements set forth in the Frederick County Co - l/ , `CJ -d'ay of y6rs, assigns and 'ounty Board of shall apply to the � I RezoninIZ Comments Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant: Please fill out the information as. accurately as possible. in.order. to assist the Department, of Public -Works .with their. review:: -.----A' h° a =copy of_yaur.: application . form, location _map, proffer statement; iimoact analysis, end any ..other pertinent_' 'information. Applicant's Name: Gilbert W. Clifford & Assoc., Inc. Phone: (540)667-2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: Aikens Rezoning — west and adjacent to U.S. Route 11 (Martinsburg Pike) and South and adjacent of Stine Lane Current Zoning: M-1 &B-2 Zoning Requested: B-3 Acreage: 1.39 Fred -Wine Service Authority's Comments: no cmmme46 - S"A FC,5A — QNqu_, n �tccli� Fred-Winc Service Authority Signature & Date SIC(, az Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant 19 A/G4V M v M" M M M M M r M M M M M IM M r M OUTPUT MODULE APPLICANT: PIN 54-A-20 Net Fiscal Impact LAND USE TYPE Commercial Costs of impact -Credit: INPUT MODULE/Credlts.10 be Take Total Potential Adjustment For REAL EST VAL S1,020,000 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ Tax Credits Revenue- Net Capital Net Cost Per FIRE & RESCUE 9 Capital F.acilliies col sum only) Oper Cap Equip Expendl ebt S. Taxes, Other (Unadjusted) Cost Balance Facilities_ Impact Dwetfing Unit Fire and Rescue Department S3,622 SO SO $3,622 ERR Elementary Schools SO — ---- Middle Schools SO SO SO SO SO SO ERR High Schools SO — -- Parks and Recreation SO SO SO SO SO ERR Public Library SO SO SO SO SO ERR Sheriff's Offices SO S324 SO SO S324 $324 SO ERR Administration Building SO SO SO SO SO ERR Other Miscellaneous Facilities SO S3,761 S757 S4,518 S4,518 SO ERR SUBTOTAL S3,622 S4,085 S757 $0 $4,842 S4,842 SO ERR LESS: NET FISCAL IMPACT $182,213 $182,213 $182,213 (S182.213.) ERB NET CAP. FACILITIES IMPACT Sol ERR 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 = 1.433 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: Prcffer 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. 54-A-20A; -21; -20; -22 Rezoning: As sumes 1.3819acres zoned B3, with a maximum of 10,200 s q 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. i 4� Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING REVIEW AND APPROVAL OF THE AIKENS PROPERTY ROUTE II NORTH Stonewall Magisterial District July, 2002 Prepared by: Gilbert W. Clifford & Associates, Inc. 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2131 Fax:540-665-0493 E-mail: gwcaram@earthlink.net 4_.0 v-J1 \." ' . JUL (: )M _.v'LG�:., ri�j I ' Aikens Property III. a Impact Analysis A. Site Background and History • Impact Analysis Statement H&W Construction is a major construction firm located in the Frederick County area and has conducted its business on a site adjacent to this proposed rezoning petition for many years. H&W and its associated companies have grown to the degree where a main office facility needs to be constructed at a new location. After several years of working on this location agreements are in place to acquire additional lands necessary to create a combined property as shown on Figure 1. This provides suitable land area for the headquarters site. An element of H&W operations requires heavy equipment be stored and maintained within the existing M- 1 property to the west. Continuing this heavy equipment use on the existing site provides a more suitable zone for this purpose. The construction of a quality office facility as a buffer to the Route 11 viewshed is appropriate and good planning for such a facility. It has been determined that the B-3 zone would provide the best capability to build this quality facility. It is proposed that a 10,200 SF office facility be constructed on this site at the approximate location shown with curb and gutter parking lot and landscaping and with connections to the staging yard area to the rear. U 1 11 IEXtVMG PROP '`• i P ZON114G ZONING PARCEL INFORMATION 04 STINE' L �/ iJ O NO PARCEL NUMBER LANE � � � w" �'=&i HARRY W. AIKENS & I'�, M1 CHANGE WALTER H. AIKENS ._.,,g A NO DB 815 PG 816 + + �_ r a+ •,,, 'G .^�.,r','„'"-,,..,.•-M 1 I 0.090 ACRES HARRRW. AI & 0 f O M1 NO W 0.329 ACR S CHANGE DEI 815. PG 816 Aq�� pA�� PIN: 54-A-24 it EX.OFFI` HARRY W. AIKENS & ## /-� WALTER H. AIKENS & SHOP i \ + ++ �' ' , \ �'^.,. € i ( i l� 1 Mt CHANGE 0.772 ACRES �j . + +�. { O DB 403, PG 583 ,f 1 ++ +++ y . 'S.., PIN: 54--A-23 9 © j +++ ++ QO•s .. 1 l fY p dd,,.,.--..:. • . f HARRY W. AIKENS do r,F PART WALTER H. AIKENS i' t i lI g �l + + "�! ag� "+, { L t O M2 OF TO 0.366 ACRES \+ + + >. *f.q %',, t� B-3 DB 815, PG 1320 v �, a" PIN: 54-A-20A •X �,�✓31� ; HARRY W. AIKENS k j Y , WALTER H. AIKENS DB 403 PG 581 0.029 ACRES S + + j s PIN: 54-A-21 ° 'i _ + �, ° f �• I HARRY W. AIKENS & I 'x^'=r ++ ++ 'a"� i;• i t NO WALTER H. AIKENS M1 CHANGE 0.325 ACRES a'p PDB IN 815, PC 818 22A ,a� ZO RZYAQi b 1 HARRY W. AIKENS & B-2 B-3 WALTER H. AAJKENS CRES { 3{ .+++r4 +++� c .. '7.3.e ' '�"-., ... O I 0.359 ACRE125 S ''4�,, DB 597 PG 20 ... .. ',r+:4'' ~ �\r.{ PIN: 54-A-20 Q M-1 + E, '+«,. - NO PARCEL NUMBER JAMES D_ SHOCKEY, t 6ig (O BEY o + + $t( `pa''' #'� H M1 NO RALPH D. SHOCKEY & G - ..-•�z�?. O CHANGE JAMES 540SHOCKEY4 JR. f3i x �n i 0.172 ACRES i='m.. Fill . $ s rx I JAMES D. SHOCKEY, SO.aE { 4;' I PART RALPH D. SHOCKEY & 6, Pm,wpe A `'• _ i , �' O M1 OF 70 JAMES D. SHOCKEY. JR. B-3 0.987 ACRES '. DB 544, A 320 PIN: 54-A-22 '. 9 �, W. AIKENS & r HARRY W O WALTER H. AIKENS 96' ING�? ,: J B-2 NO 0.312 ACRES CHANGE RES3/EGRES9 ES C5 DB 781 PG 1253 ES PIN: 54-A-45 { TO Atil� TO _ 4- MID) .,,4 ^� '....� x _ HARRY W. AIKENS & VVVViii1i���MM�AAAA!!ll����VVrr"'^`- NO WALTER H_ AIKENS - 0.272 ACRES PROPo £D ,,,• �/ -.+,•�1 'z t p O i B-2 CHANGE DB 781 PG 1253 -PBOPOBlm a PL �'+ t ^. PIN: 54-A-44 ' caAm--tam tm+cs DE7EN71 , ( r , µ4 / From Shake N A/k— / _ . I .. `q/ .. 31s61 SO.fT- -+r'' � � KARL D. & i { POND . - L.. � � 3 S N JUDITH E. CUSTER '`'�• g �1 _ © B-2 CHANGE DB PIN454-A-42 0 �R®011s i0 H-) 2 ��7f� NO PARCEL NUMBER .... � sY•�'": V.I A JAMES D. SHOCKEY, SHOCKEY ' ) .. .. ... F U B_2 NO RALPH& III . , pp • ..,... t JAMES D. SHOCKEY. JR. C77✓ELBl1 CHANGE DBK 540 PG 736 .F r ... .:,. 5O I 0.115 ACRES -z ...... t. rN F, :k':.aj� 1: ... r{ ' NO PARCEL NUMBER t ����.J { F' JAMES D+ SHOCKEY. 1. { 1 E �q NO CHANGE JAMES No H D. SD. HOCKEY. JR. !�! 1: �' , .!�'i�.• { g �.. 1 T i 0.086 ACRES DB 540 PG 73 j t { ....//J +i+waEa�n�1 ' .4 54-A 25A t , 0. SHOCKEY, ' i, O NO RALPH JAMESD. SHOCKEY �& , JA MES D. SHOCKEY. . � O M1 CHANGE DK 509 PG 436 4.271 ACRES ----� LEE AVENUE �C�UrE l I 41. AIKENS PROPERTY gilbert w. clifford & associates, inc. CONCEPT PLAN Fngineers Land Planners water Quality �z ti 117 E. Picadilly Si. Winchester, Virginia 22601 STONFWAII MACISTER/AL DISTRICT FREDERICK COUNTY. VIRGINIA VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL gwcliff®mnsinc.com Aikens Property ImpactAnalysis Statement B. Location and Access The location is as shown on the Figure 2 area wide map. The site is located within an area of U.S. Route 11 north which is significantly developed with construction and business activities. Adjacent to the site is Shockey Industries and across the street is Frederick Block. Separated from but adjacent to the south is Weber's Nursery. The Winchester & Western rail line follows the northern portion of the site. The project has ideal access onto U.S. Route 11 and onto Stine Lane where use is already heavy industrial. Suitable site distance and access can be provided at these two points. Preliminary access points are shown on the Generalized Plan, Figure 3. 0 • A9• w ` %4 Ait "ta.`, * •' f Ira Figure 2 AIKENS PROPERTY ti AERIAL MAP MAG157FRIAL D157PICF FREDERICK gilbert w. clifford associates, inc. Engineers Land Planners Water Quality 117 E. Picadilly St. Winchester, Virginia 22601 VOICE (540) 667-2139 FAX: (540) 665-0493 ENAIL 9wclifi@mnsinc.corn � I 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 VI A J71 I I om & SHOP N, 7 J PT� J "low --m ? OTHER H PROPERTY Z&iD: M—Y& 4. U0, p TH M. STO iftICE BUUD V� ,f ell py, DROVED ACOESS M= Ail TEA Us ROUTE 11 r C4 py WWI&= Mpgfv7 I PMOND z H&W; . ........ ThER 'PROPERTY ONED; B— 26 Ayy -z LEE AVENUE J AIKENS PROPERTY gilbert w. Clifford & associates, inc. o Pioneers Land Planners Water Quabty GENERALIZEDDEVEMcMENT PLAN Q) 117 E PicuaSL Wmhester, Virginia 22601 STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY VIRGINM VOICE: (W) 667-2139 FAX: (540) 665-0493 EML gwdiff0mmin-mm Aikens Property Impact Analysis Statement C. Site Suitability The site is ideally suited for the purpose intended. An existing residential structure will be removed from the site. Drainage is provided by a west to east swale intersecting the U.S. Route 11 drainage system to the south. A stormwater basin will intercept the majority of site drainage and discharge to this swale. Close interconnection with existing operations will allow suitable command and control for a business of this nature. The parcels assembled for this development and rezoning are shown on Figure 1 as follows: Present Future Parcel Area Zone Zone D .2275 Ac M-2 B-3 E .029 Ac B-2 B-3 G .394 Ac B-2 B-3 I .7314 Ac M-1 B-3 1.3819 Ac Aikens Property Impact Analysis Statement D. Traffic Currently the H&W facility creates about 100 automobile trips and 10 tractor -trailer trips per day for a six day workweek. It is not anticipated that tractor -trailer trips will increase as a result of this rezoning, however the automobile access trips will be increased by 100 per day to support 10 new employment conditions created as a result of the expansion and business trips by clients. Principle access for the office facility (automobiles) will be U.S. Route 11 subject to VDOT concurrence as shown on Figure 4. Also, Figure 4 shows the anticipated trip count at the various points of connection to state and local streets. Existing B-2 zoned land will remain as zoned to the south but be available for additional parking or other uses as the business grows. i y f +k EXISTING ACCESS'_ TO _STINE LA1VE'� ' IM NE �T o y 11 o AT n 1 i 1 aii.. 'S 4'�. t . p . ' •� Yf 1+A •.,, is � � l 1 �J-4 J ^�. 3 £ kC t 6� � � y r �'�ot.; \ � i , �d •,pig �.*s �� l t OCR. p � a O IMPROVED ACC SS ;' ° .•� ' • �, M — - / TO US `°ROUTE 11 ;. i-•. F � 1 F i 20Q CARSI I i� �- py ' e # t�43 1 ^ jjj ! :$ 1 Smi 1d ' 1 1'; ,. it_° AVENUE f y _ qure 4 AIKENS PROPERTY gilbert W. clifford & associates, inc. TRANSPORTA TION PLAN Eng*Me= Land Pla>mmm water Quality o \ & BUILD -OUT 117 E PicodMy St. Winchester, Virginia 22601 STONEWALL AIAGISTER14L DISTRICT FREDERICK COUNTY, �IRGIM VOICE: (540) 667-2139 F/OL• (540) 665-N93 9AA L: quiff4mnsinc com Aiken Properly Impact Analysis Slalemeni E. Sewage Conveyance and Water Suply Existing connections to the utility systems will remain in the M-1 zone as a result of this project. Anticipated water and sewer demand for the project will be 5,000 gallons per day and space is available for this use. Sewer and water shall be provided from connections to FCSA facilities in the Lee Avenue right of way. 4 ' ANE } ✓' * 4� J�( }' i h'k �?aq 1 f 11 S r•'f F� u 4 1S t �k 1 f k N 4v ZN lilt., IF Z is avi, + '° may ..✓"" } ;, s � r'1 !1`. �'^� �' 1 i LEE VENUE eF �..,. ZX Fcsa wArF-R-7d1i►— Figure 5 441 AIKENS PROPERTY gilbert we clifford *& associates, inc. 0 UTILITIES FLAN I Engimem Land Phmnm Water Quality O O 117 E Pica^ St. Vfinchester, Virginia 22601 STONEWALL _MAGISTER/AL D/STRICT FREDERICK COUNTY, K9RGINIA VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL: gwdif Omnsinc.com Aikens Property • • Impact Analysis Stalemenl F. Site Drainage Drainage is presently carried to the intermittent stream channel located on the southern end of the site shown on Figure 6. It is anticipated that this stream channel will be left an open where possible with stormwater management facilities provided to handle direct discharge to the stream channel. The site will contain a series of stormwater inlets and storm pipes connecting to the stormwater management basin. The natural stream channel will be landscaped to provide appropriate viewshed along the Route 11 corridor. A future parking lot and other use may cross the natural Swale where a culvert system would be installed at a later time in accord with B-2 requirements. i dA 24 - w TIDE. "LANE 14 14 tia 9 �S b y r = f � o I ; SAT F e k — x j 1 fay' All nt! afi eYV' 1 j 4 ,ry 1'j. 4ayt' ;� :j, b '1 I } ,�• �. `! i .} .j"�Y"VV"� t i»:. , Z i � 1 °+� g 1.,4 LEE AVENUE t Figure 6 AIKENS PROPERTY Silbert w. clifford & associates, inc. `O DRAINAGE PLAN Land> Wad �'n' 117 E. FKo* SL fthester, Ywginio 22601 STONEWALL MAGISTERIAL DISMICT FREDERICK COUNTY ORGINW VOICE: (540) 667-2139 FAX: (540) 665-0493 EMAIL gwciff@mnsinc.com � I Aikens Property Impact Analysis Statement G. Solid Waste Disposal Facilities Solid waste disposal will be handled by contract carrier to the Frederick County Landfill. It is anticipated that an increase of approximately 12 tons per year will result in this rezoning. Aikens Property Impact Analysis Statement H. Historic Sites and Structures A review of the County's resource maps for historic sites and structures indicates no historic sites will be impacted as a result of this rezoning. An application for review by the Historic Resources Advisory Board has indicated that a review is not necessary on this site rezoning. Aikens PropertY Impact Analysis Statement I. Impact on Community Facilities Impact on community facilities are as follows: Schools - No identified impact Sheriff - Normal patrol service @'/4 liour per day at $60/hr. = $5,475/annum Fire & Rescue - Rough estimate from average of previous years. I call per year @ $2,000 cost. Parks & Recreation - No identified impact. Solid Waste - The payments made to commercial liauler reimburse County for costs of operation at landfill (Enterprise Fund). � I Aiken Properry * hnpacl AnalysisSlalemenl J. Environmental Impacts The subject site has been 75% ± disturbed by previous construction activity and uses. A stream channel does exist across the property. The Director of Public Works correctly points out that the area along this stream including upstream of this site has had a drainage problem for many years. VDOT has a plan for improvement of the drainage system across Lee Avenue which affects lands not included in this rezoning. The underlying geology is limestone bedrock separated by lenses of clay and provides moderate difficulty to construction. No special concerns are evident however, a geologic report for foundations is suggested prior to construction of the building. It is suggested that the owner work with Public Works to help implement the VDOT drainage improvements on Lee Street and eliminate the storm pond. Additional proffers are not suggested by this environmental review. Woodlands — None Steep Slopes — None Prime Ag. Soils — NA Wetlands — None Femo Flood Plain Figure 7 q� AIKENS PROPERTY gilbert w. clifford & associates, inc. ENVIRONMENTAL IMPACTS Engineers Lana PWmm Water QuaHty 117 E. Picadll Sf_ V indwster, Virgin 22601 STONEWALL MAGISTERIAL DISTRICT FREDERICA' COUNTY, 14RGINW VOICE (540) 667-2139 FAX: (540) 665-0493 EMNL• gwdiff@mnsinc.com * 1 15i':1 320 0 [y 1r This instrument prepared by or under the direction of: George J. Kalapos, Jr. Assistant General Counsel Attorney for Grantor Business Addresst 258 Elm Street Now Canaan, Connecticut 06840 " THIS QUITCLAIM DEED, cads this 28th day of February, 1994, .•. between WIh ESTER i WESTERN RAIrnOAD COHPAHY, a Virginia a corporation, whosu sailing address is P.O. Box 264, 126 East Piccadilly Street, Winchester, VA 22601, hereinafter called • "Grantor", and HARRY WILLIAM ATKE iS and WALTER HARRISON aIMZ, as joint tenants with right of survivorship, whose mailing address is p.o. Sur: 2460, Winchester, Virginia 22604, hereinafter called "Grantee", as hereinafter provided, WITNESSETH: THAT Grantor, for and in consideration of the sum of TWENTY THOUSAtD EIGHT HUNDRED SEVLHTY-FIVE AND N0/100 DOLLARS ($20,675.00), to it in hand paid by Grantees, the receipt of which is hereby acknowledged, does hereby RELEASE, REMISE and forever QUITCLAIM unto Grantees for their joint lives, with the remainder to the survivur or them, and said survivor's heirs, legal representatives and assigns, all right, title and interest in and to that certain tract or parcel of land situate, lying and being at MincDestar. County of Frederick, Commonwealth of Virginia, hereinafter designated "the Premises," sore particularly described in 6x-tibit A, attached hereto and incorporated herein, and containing 15,296 square feet, sore or lees. As the adjacent landowner, Grantees are familiar with the currrent and past use(s) of the Premises and the physical and &nviroamental condition thereof. Grantees accept the Premises in ,as is' condition as of the date of this conveyance. Grantees expressly assure all obligations, liability and responsibility for physical and/or environmental condition of the Premisus, prior to and including the date of conveyance, and agree to defend, protect, in4amnify and hold Grantor harmless from any and all loss, damages, suits, penalties, costs, liability, and/or expenses (including, but not limited to reasonable investigative and/or legal ex ealosses) arising out of any claim(a), present, past or damaqu to any property, including the Promisees, injuries to or d&ath of any person(ss), contamination of or adverse effects upon the environment (air, ground or water), or any violation of statutes, ordinances, orders, rules, or regulations of a governmental entity or agen caused by or resulting from prese or existence of any hazard material, hazardous substance, hazardous waste in, on or under the Premises. Grantees acknowledge that the provisions of this covenant and the condition of the Premises have been considered as part of the consideration for this conveyance. Grantees, on behalf of Grantees, Grantees' successors and assigns, hereby covenants and agrees with Grantor that Grantor shall not: (1) be required to erect, maintain or participate in th* cost of any barricades along any boundary lines between the Preminn-; and the adjacent land(s) of Grantor or of any other company drriliated with Grantorl or (2) be liable for any damage, loss or injury that may result by reason or the non-existence of barricades or the condition of any barricades constructed by :,ranteas. Grantees assume all liability and responsibility reapaeting barricades, or the absence thereof. Grantees, by acceptance of this dead, hereby covenant that it, its successors, hairn, legal representatives or assigns, shall maintain the existing drainage on the Premises in such a manner as to rot inpzir adjacent railroad operating property drainage and to not redirect or increase the quantity or velocity of surface water runoff or any streams into said Grantor's drainage system or upon tlas railroad operating property or other lands and facilities of Grantor. If said Premises or existing drainage are modified or Improved, Grantees agree to construct and maintain, in accordance with all applicable statutes, ordinances, buildings and subdivision codes, covenants and restrictions, an adequate drainage system from tbu Preais.rs to the nearest public or non --Grantor owned drainage or storm sewer system, in order to prevent the discharge of roof, surface, stream and other drainage waters upon said railroad orrating property or upon other adjacent lands and facilities of Grantor. Said covenant(s) shall run with title to the Premises conveyed, and bind upon Grantees, Grantees' heirs, legal representatives and assigns, or corporate successors and assigns, and anycwA claiming title to or holding Premises through Grantees. ! TO HAVE AHD TO HOLD the Premises, and all the estate, riyht, title, lien, interact and claim whatsoever of Grantor therein, either in law or equity, and all improvements thereon and appurtenances thereto, unto the proper use, benefit and enjoyment or Grantsss, Grantees' heirs and assigns or successors and assigns, f oreve.: . DKC l �i, I a22 The Grantees acknowa and accept the terms and cond ns of this conveyance and eence their acceptance thereof by it signatures set forth herein below. IN WITNESS WHEREOF, WINCHESTER i! WESTERN RAILROAD COMPANY, pursuant to due corporate authority, has caused its name to be sign*d hereto by its officers hereunto duly authorized and its corporat* Beal, duly attested, to be hereunto affixed. WINCHESTER & WESTERN RAILROAD COMPANY LOUIS R. MASTANDREA_ Vic�P; ident/Traffic''"'"�,, Attest: �"-' SEAL) /" GEORG J. s, JR•_ ., Asainta s cretarj► ,+` lyJll r))I�� /,,, AN LLIAH AIKENS WALTER HARRISON AIKENS M 1."&%"andrVAM N-B r SPATE OF CONNECTICUT) • OK(')' 15 1: 1 3 2 3 40 ) SS. COUNTY OF FAIRFIELD ) I, l,J�i[,it/� 1AA7'iN , a Notary Public of said City and County, do certify that on z 5 F= 94 _ _, before me in said City and County personally came LOUIS R. MASTANDREA, to me known, and known to me to be one of the persons whose name is subscribed to thu above instrument, whc, being by me first duly sworn, did depose, acknowledge and sr.,, that lie resides at 35 Standish Drive, Ridgefield, CT 06877; that he in the Vice Presidant/Traffic of WINCHESTER i WESTERN RAILROAD COMPANY, the corporation described In and which he executed said instrument; he in fully Informed of the contents of the instrument; that he knows the seal of said corporations that the seal affixed to eaid instrument is such seal; that it was so affixed by authority of the ,9aard of Directors of said corporation; that he signed his name thereto for said corporation pursuant to such authority; and that said instrument is the free act and deed of said corporation..,., . IN NIT a= WHEREOF, I hereto set this day and year written above. ley coemission expires on: 3-31- STATE OF CONNECTICUT Co(AerY or FAI"IELD my hand and off L al seal. , , • Notary Public J .. a Notary Public of the State of Connecticut and the County of Fairfield, do certify that on the date below, before me in said County came GEORGE J. KALAPOS, JR., ( ) to se known, and or ( ) proven by satisfactory current e•viderrce to be the person whose name is subscribed to the above t.nstr%urmt, wtso, being by me first duly sworn, did make oath, ackno"ledge and say that; he resides in Stratford, Connecticut; he is Assistant Secretary of MIMCHESTEP i WESTERN RAILROAD COMPANY, the corporation described in and which executed said instrument; he is fully informed of the contents of the instrument; he knows the seal of said corporation; the seal affixed to said instrument is such seal; it was so affixed by authority of the Board of Directors of amid corporation; he signed his name thereto for said corporation pursuant to Board authority; and instrument is the free act and deed of said corporation; and the conveyance herein is not part of a transaction, sale, lease, exchange or other transfer or conveyance of all or substantially all of the property and/or assets of the Grantor. e��rjl.��3Z�l IN WITNESS WHEREOF, I hereunto set my hand and official seal, this o2477W day of _ �8 , 1994. Notary Public Print Name:tjnlnr,4tt�t�/�'fr Hy commission expires: State of Virginia at large, of �!! _� TO WIT: The foragoinq deed was executed and acknowledged before me by 1_ thict .1Z� day of �! J 1994. My commission expires: -° •31 N ary 46blic State.of Virginia at large, of ' , TO WIT: .PK& fnr6nninn dood was exocudad and acknowledged before me by l-'�z L /1, iL.ti, l d'-�hia day of -2na'1cA—. 1994. my commission expires:/ Not ry PutWic PA' BVAWRY LAME' AQUUSTME•NOeft U I • HARRY W. AIKEN-5 8 WALTER H LIKENS STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA 30 )ANUARY 1994 STE�" FORT QQU !}! TES $UNN l E AWE I I NDUSTRK-4 f+•� ..moor / I \ J22 n j �� �• \ T FORT OLLIER ARCA Lao r-tow slRwcrait� ceFr>�ua>e 1 CEWMY THAT TK LAW M TM f1A O M01I G THE LAID COMVEYlED TO NAARY W. AMIM3 AND WAITER H AIKEM3 BY DEED &U= IZ JAY ts" M DEED NOW M?. PW IM AND A PO(MOM OF THE LAID CDMMEYEO TO THE WINCHE3TER AND POTCMAC N b&p MO COWVmy AM THE CIAMCML Me %ALLEY AM YARTMNI M IMLROAD CAIIAMY MY DEED DATED 20 SETTE110EA bM2 M am NOOK LK PAQE M yM VkIMW A,& R Apron OM TWt3 FtAF. M MTH THI MM COMUT MD M ACCMAMM WITH THE MM OF THE WUM- NMIas7 anon. F9f7'1RTv1 a Y1 cm �i� �M ■iQ.Nbti /,U ON& Ail QMT L. ALLEN EBERT L Ee er �� PROFESSIONAL LAND SURVEYOR $r(/ ^• � — 35 W 80SC4*0 Sr. (LICENSE) Na WA"STER, VA 22601-4740 1498 703 667 3233 �A'0 tlUXV•frYQ /-*xl, & i A o7m n • c� aM to 0 io n n ti Z L � N W 0 —MOM M MET) .... ZfjMM DOUNDAAY ey N -, o y 33,/l0 14 SO. FT. . . � `jp• ro Na 1498 The accompanying Plat• cuts a BOUNDARY LINE ADJUSTMEI9 Survey of die. Land conveyed tarry W. Aiken and Walter H. Aiken by Deed dated 12 July 1985 in Deed Book 597, Page 125, and a 15,296 sq. ft. portion of the Land conveyed to The Winchester and Potomac Railroad Company and the Cumberland V►dlcy anxi Martinsburg Rnilroad,Company by Deed dated 20 September 1912 in D to Book 134, Page 295. The said Land, designated as No. 1025, fronts the Northwestern Boundary Line of Martinsburg Pike, U. S. Route 11, ufd lies in Stonewall District, Frederick County, Virginia: Beginning at an Iron pin (set) in the Northwestern Line of Martinsburg Pike, a comer to the Shockey Realty Company Land; thence with lice said Line, N 26° 35' 00' E - 115.27 R. to an iron pin (set), a corner to the Railroad retained portion; thence with the two following Lines of the said Other Land, N 10° 15' 00" W - 303.03 ft. to an iron pin (s,:t); theme N 57' 26' 56" W - 61.33 ft. to an iron pin (sd), a cocoa• to the Aikeru Land; theme with the three following Lines of die said Land and the two following Lines of the said Shockley Realty Company Land, S 10" 15' 00" E - 260.37 R. to an iron pin (set); thence N 630 00' 00" W - 53.06 R- to as iron pia (set); dwnce S 300 20' 00' W - 151.50 R. to an iron pin (set); t#teace S 61. 30' 00' E - 149.62 fL to the beginning. Cominiiog: 33,110 Sq. FL Stnv .- 30 January 1994 jj LP R (UCE 1498 \'W o, 11D w�a� rn roVEPWX CoLwrr, SCT. evn TWA rJI ran M" •d to rw• on the 1. .1 r0MeOn n, led co'0.ax o1 &clnowlMpnwnl merva annexed A� w ,.Coro ran rf;tl"d op src 64.1402 a s' ((r�lm T ana 66.1.WI rsre W*n pail. M aurual,4. IV (}�rM rn N O 0 w 0 0 0 N O M Z S61'24'30"E 66.74' 1 >. BOUNDARY INFORMA T/NO WAS TAKEN FROM DEEDS AND PLATS OF RECORD. NO FIELD SURI/EY WAS MADE OR IS IMPLIED. `0s Sao �s.�. ,s o.. �9 • 000' 28690 SF 0.6586 ACRES 60525 SF 1.3895 ACRES S30'20'00"W S26'45'04"W —� —51.21 ' 40.37' rn--- S61°30'00"E 149.62' w O in r7 00 z 31836 SF 0.7308 ACRES N61°24'30"W 25.00' N29` 10'27"E 32.96' N O; C, j cn 0 O J cn 0 Oi 0 cn N61°27'21 "W 205.00' AIKENS PROPERTY gilbert w. Clifford &associates, inc. CONSOLIDATED PLAT SHOWING Engineers Land Planners water Quality 0 PROPOSED REZONING AREA 117 E. Picodill St. Viinchester, Virginia 22601 FREDERICK COUNTY, VIROIN/A VOICE: (540) 667-2139 FAX: (540) 665-0493 EML: gwcfiff@mnsinc.com FORT COLLIER FARMS, INC. " 2S,]5�•Q TO: :: DEED JAMFF SGH K y T A RIIC t as i b00Kj'} (wLE 3 Gu THIS DEAD 1 made and dated this /b�� day of /1 _113-�i.�-� v' 1981 by and between ` , TORT COLLIER• (^`�`�►) C PA 8, INC., a Virginia corporation, party of the first part,''and ES D. SHOCKEY, RALPH D. SHOCKEY and JAMES D. BHOCKEY, JR. . Tradin a g s shocks Rsalt Cots Y Y Pant. a Virginia partnership, III ' Parties of the Ncon,l part. MITWCSSZTHt 1 V That for and in consideration Of the elm of inn Dollars (i10.00) and other good and valuable consideration, the receipt of all of which is hereby acknowledged, the party of ty the tire! Past does hereby Y grant'and convey with general warranty �1 of title ant* the parties of the second part, as specific partner- 411LLiP property, pursuant to Title 50, Code of Virginia 1950, as ar041406e4, in fee • iwple, the fallowing described property and • apPertaaaaces tMseatrto bilongittgt 11 tlyt certain parcel or tract of laud 1M Amin! being ' situate an the western aide or Route 11 . (the Martinsburg Pike), stoftekt,all 9"iat:erial District, Frederick 1 County, Virgin", containing 42,9R6 square feet, and being more particularly described oa the Plat and survey of Thomas A. shockey, LAM surveyor, dated October 27, 1941, . • Copy of which is attached hereto and by this reference made a part hereof. The land ' c o"yed herein is all of the remaining land *oaveYed to Pont Collier Pangs, Inc. desig- aatedl as tract or parcel 020 by that certain 4eed of correction dated Deceaber 8, 1965 and recorded in the Clerk's office of the 1 Circuit Court of Predoriok County in Deed Book 317, at lag* I64, and designated as parcel •1• in that certain dead dated January 21, 1965, of record in the aforesaid Clerk's Oifica in Dead book 207, at Page 275. Reference ia.hare made to the aforesaid instruments and - t-Eo atta,,-bmeats and Uat references therein contained !or a further 5 and a*ru particular description of the property hereby conveyed. + i 'Krill conveyance is made subject to all duly recorded and eaforonatale restrictions, eaassa nts and rights of way. � I w 544 net 321 The party of the first part covenants that it has a right to convey said property to the parties of the second part/ that it has done no act to encumber said propertyl that it will execute such further assurances of title to said property as may be requisital that it is seised in fee simple of the property conwyedl and that the parties of the second part shall have quiet possession of said property free from all encumbrances. The undersigned covenant that the execution of this dee6 has been authorised by all necessary corporate action. IN IIITNSSS WHSREOF said corporation has signed its corporate name and affixed its corporate seal by the proper officers thereinto duly authorisedi FORT COLLIER FARMS, INC. 01 S A C v ; my (BEN ( BEAN �\ # A L r t o Jr., Vice President a General fill,e Manager elm of VIRAIMZA To -Vito I. ,WA, N. \�c` ef , a Notary Public in and for the State and aforesaid, do hereby certify that I. Feed Stine, Jr.,^wbose name is signed to the foregoing deed dated the _ of \ h C�,,.�. 1 r 1901, on behalf of Fort Collie Fares, Inc. as its Vice President and General Manager, with the &sal of said corporation duly affixed and attested by its Secrets, has acknowledged the same to be the act and deed of said corporat before as in my state and aforesaid. Given under my hand this_LL day of , My commission expires M'C4wW+1wE9kn"7.19U erg rotary Public--- - 2 .. I Was t MONSI W s, Show N. Hokw w Sn«t1«et I 44 r�(� 322 eaac 5 SHOCKEY REALTY CQ Me. 540 -73• S 29. 10 21 W. - 15aO 3 1 a _i )- ^ •0 ; M W G! � ]C d Q V N • _ ` . •N N N L m � tx s 29' id 2e W — 32.>it� _ N 30.2d Od E d 8 42,986 N SQ FT W J� 1 J ' ' W 1 U. W� N ; 2 s W ~ 1 V to d O ap ROUE PIKE o 11 + • ' MpR?IN58'W� C • v r r • r ell "C4 a 1 Sheet 2 of 2 boat 544 pAu 323 ,he attached plat is a survey of all the remaining land conveyed to Fort Collier ' Farms, Inc. (Tract 2) by Deed of 0orrection dated December 8, 1965. The Laid land fronts the Western side of Route 11 mad lies in Stonewall District, Frederick County, Virginia. ' Doginaing at an iron piA(found) in a joint driveway in the Property line of Route 11 &Ad corner to Robert N. Fuller, said point being 5.4' from the South and of s stonewall. Theme with Fuller and am wally with the ,enter of the joint driveway N 11e 34' 18" Y - . 1".51' is an iron p1A(fomd)I TAea,e continuing with Fuller N 30e 20' 00" E - 51.21' to an iron pis(found) corner to Harry M. Alkenel Thence with Aiken■ N 610 24, 30" Y - 140.21' to ea iron piA in .the line of Shockey Realty Co.l Thence with Shockey Realty Co. 8 29e 10' 2r V - 150.00' to an iron pis(found)I Thence 8 610 24' 30" R - 100.00' to an•irm pim(fsund)I Thence 8 29e 10' 27" Y - 32.96' to an iron pin corner to Checker ' Oil Ce.l Rrem,e S 61e �7. 210 s - 205.00' to an iron pin(found) in the Property Line st Rests ul Thence with Uste'il X 220 07' IV t-.132.86' to the point of beginning. >l�arwtral - Ostaber 2p, 19ft unTNOAIAt A. JWI' 1271 • .t;yno s��l 1,110ALVA FEiENRIC..: : i ; ,. TvIn inrltumr• 1 ., {naluoo.; to ono on till) 0-7� sad 1,61h io al I�at lh.iroto annocad vr.u1 J. i of have loon p,,ld, it s".sable. Clark 643 * • ROBERT N. FULLER, ET UX TO: DEED HARRY W. AIKENS, ET AL . d,•***�*-k*�-��r** k�-*�r�r�-k*: *•,tom-k�x* 6X59TPG125 day of , THIS DEED, made and dated this /X� 0 1985, is by and between ROBERT N. FULLER and ANNA V. FULLER, his wife, hezeinafter referred to as the Grantors; and HARRY W. AIKENS and WALTER H. AIKENS, hereinafter referred to as the Grantees. WITNESSLTH; that for and in consideration of the sum of TEN DOLLARS ($10.00) and other valuable consideration, the receipt of which in hereby acknowledged, 'he Grantors do hereby grant and convey with General Warranty of Title and English Covenants of Title unto the Grantees, in fee simple, as tenants in coimon, all of that certain parcel of land.fronti.ng the Western boundary line of the Martinsburg Pike (U.S. Route ill) just North of the City of Winchester, Virginia, in Stonewall Magisterial District, described N N on a plat end survey dated December 23, 1970, by Lee A. Ebert, a C.L.B., as follows: 14 to 4 BEGINNING at an iron pin in the Western > boundary line of Route No. 11, a corner to the Fort Collier Farms, Inc. land, the said point being in the center line +' of a joint drive, running with the two following lines of the said land - with the center line of the said joint drive c - N 61. 30' W - 149.62 feet to an iron pin (found); thence N 300 20' E - 151.50 feet to an iron pin corner to the Bayliss land; thence with the ;southern line of the said land S 630 E - 53.06 teat to an iron `r pin in the Western line of the railroad x land; thence with the said line S 100 r� 15' E - 111.40 feet to an iron pin in the Western boundary line of Rout,3 111; thence o with the said line S 261 J5" W - 40.21 feet to the beginning, con%-.aining 17,184.27 °i square feet, and BEING the name land con- veyed to the Grantors by Deed dated the 25th day of April, 1973, and rezorded in the Office of the Clerk of the Circuit Court for irederick County, Virgirta, in Deed Book 407, at Page .561. This land is conveyed subject to eaceme.,ts, rights of • way and restrictions of record affecting said land. 0 • OX 5 9 7 ?G 126 WITNESS the following signatures and seals t: /L�r.l !_ (SEAL) ROBERT N. FULLER N FULLER l� (SEAL) STATE Or VIRGINIA CITY OF WINCHESTER, to wits The foregoing instrument was acknowledged before me this /am day of , 1985, by ROBERT N. FULLER and ANNA V. FULLER, his wife. My Commission Expires:. ` `''.11q�s� br Notary Public • -,JUI.A This Wwrument lti p was produced to ma on the d;,y of , 19�_, atOr� r1. u:d with csrtilicate a owl,d)meat thoroto annoxod was :dndttal' rocord. Ln wwl by Sao. 58.54.1 of and 58 54 have boon paid, if aiasosable Clor1 0 • 6K0151 �1320 • IF, I � I Thin instrument propared by or under the direction of: George J. Kalapos, Jr. Assistant General Counsel Attorney for Grantor Businsas Addressl 25s Elm Strut Ne% Canaan, Connecticut 06840 "as QUITCLAIK DEED, Made this 28th day of February Virginia W STRRN �It ROAD COHPA1i , a between W1KQLLUZL �-- corporation, whose mailing address is P.O. Box 264, 126 East Piccadilly Street, Winchester, VA 22601, hereinafter called "Grantor", and HARRY WILLIAM &Ili= and WALTER HARRISON &IMar as joint tenants with right of survivorship, whose mailing address is p.o. Hcut 2460, Winchester, Virginia 22604, hereinafter called "Grantee", as hereinafter provided, WITNESSETH: THAT Grantor, for and in consideration of the sum of TWENTY T4i0USAMD EIGHT HUNDRED SEvLNTY-FIVE AND N0/100 DOLLARS (S20,875.00), to it in hand paid by Grantees, the receipt of which is hereby acknowledged, does hereby RELEASE, REMISE and forever QUITCLAIM unto Grantees for their joint lives, with the remainder to the survivur or them, and said survivor'n heirs, legal representatives and assigns, all right, title and interest i beingand to that certain tract or parcel of land situate, lying and at Winchester, County of Frederick, Commonwealth of .Virginia, iin�Exiaibit A,i attaacchedheheretoseand more incorporatedparticularly heroin,andescribed d containing 15,296 square feet, more or lees. As the adjacent) doftGisafamiliar curr�t and patus(landowner, ohe Premises and the physical and anvirosaental condition thereof. Grantees accept the Premises in ,as is" condition as of the date of this conveyance. Grantees expressly "suns all obligations, liability and responsibility for physical and/or environmental condition of the Premisus, prior to and including the date of conveyance, and agree to defend, protect, in64=ify and hold Grantor harmless from any and all loss, damages, suYts, pantlties, costs, liability, and/or expenses (including, but not limited to rbasonable investigative and/orfuture,legal ga ex enlosses) arising out of any claim(s), present, pastor or damaqu to any property, including the Promises, injuries to or dr,ath of any person(rs), contamination of or adverse effects upon t. rax A \*s40W%wa ir,�-air 11 I ) I I the environment (air ground or water), or any vi0lat'on of statutes, ordinance orders, rules, or regulations any governmental entity o gency, caused by or resulting from sence or existence of any hazardous material, hazardous substance, or hazardous waste in, on or under the Premises. Grantees acknowledge that the provisions of this covenant and the condition of the Premises have been considered as part of the consideration for this conveyance. Grantees, on behalf of Grantees, Grantees' successors and assigns, hereby covenants and agrees with Grantor that Grantor shall not: (1) be required to erect, maintain or participate in th* cost of any barricades along any boundary lines between the Premises and the adjacent land(s) of Grantor or of any other company affiliated with Grantor; or (2) be liable for tiny damage, loss or injury that nay result by reason of the non-existence of barricades or the condition of any barricades constructed by Grantees. Grantees asaums all liability and responsibility reapacting barricades, or the absence thereof. Grantees, by acceptance of this deed, hereby covenant that it, its successors, hairs, legal representatives or assigns, shall awintain the existing drainage on the Premises in such a manner as to not impair adjacent railroad operating property drainage and to not redirect or increase the quantity or velocity of surface water runoff or any streaas into said Grantor's drainage system or upon VA railroad operating property or other lands and facilities of Grantor. If said Premises or existing drainage are modified or improved, Grantees agree to construct and maintain, in accordance with all applicable statutes, ordinances, buildings and subdivision codes, covenants and restrictions, an adequate drainage system from ttw prexisos to the nearest public or non -Grantor owned drainage or storm sewer &yet", in order, to prevent the discharge of roof, surface, stream and other drainage waters upon said railroad operating property or upon other adjacent lands and facilities of Grantor. Said covenant(s) shall run with title to the Premises conveyed, and bind upon Grantees, Grantees' heirs, legal representatives and assigns, or corporate successors and assigns, and anycxw claiming title to or holding Premises through Grantees. TO HAVE AND TO BOLD the promises, and all the estate, right, title, lion, interact and claim whatsoever of Grantor therein, either in law or equity, and all improvements thereon and appurtanances thereto, unto the proper use, benefit and enjoyment of Grant*", Grantees' heirs and assigns or successors and assigns, f oreve.: . if 0K0151 )1J92.2 The Grantees aawledge and accept the terms and cbitions of this conveyance and evidence their acceptance thereof by their signatures set forth herein below. IN WITNESS WHEREOF, WINCHESTER L WESTERN RAILROAD COMPANY, pursuant to due corporate authority, has caused its name to be signed hereto by its officers hereunto duly authorized and its corporate coal, duly attested, to be hereunto affixed. WINCHESTER i WESTERN RAILROAD COMPANY Byl LOUIS R. MASTANDREA_• Vic ident/Trnf f ic'' Attest: _`�Aj�_',:' SEAL)'. GEORG J. POS, JR._ „ Assista S cr�� etarj� . Ai j .1 Y�fLLlAM AIKENS WALTER HARRISON AIKENS v � I � I � I � I I I I I 11 0 �. BK SPATE OF CONNECTICUT) ' ) SS. l:OUNTY OF FAIRFIELD ) / I _�WA/y*%yt /�RrCjiN , a Notary Public of said City ' and county, do certify that on Z-5 F20594 _`, before me in said City and County personally came LOUIS R. MASTANDREA, to me known, and known to me to be one of the persons whose name is subscribed to the above instrument, whc, being by me first duly ' sworn, did depose, acknowledge and sro,• that lie resides at 35 Standish Drive, Ridgefield, CT 068771 that hip is the Vice Prssidsnt/Traft'ic of WINCHESTER & WESTERN RAILROAD COMPANY, the corporation described In and which he executed said instrument; he Is fully informed of the contents of the instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such seal; that it was so affixed by authority of the beard of Directors of said corporation; that he signed his name thereto for said corporation pursuant to such authority; and that ' said instrument is the free act and deed nf said corporation.,., IN WITWLSS WHEREOF, I hersta bet my hand and off:; al 'soul, , this day and year written above. �' •: lej couL%ission expires on: :23L Notary Public STATE Or COO(NECTICUT ) ' ) SS. COCAflY OT irAIRlIEI.O ) I. AA.NANA" TA/ , a Notary Public of the State of ' Comwcticut and the County of Fairfield, do certify that on the date below, before as in said County case GEORGE J. KALAPOS, JR., ( ) to me known, and or ( ) proven by satisfactory current ' evidenoe to be the person whose name is subscribed to the above instrument, ww, being by me first duly sworn, did make oath, ackrxxrledge and say that; he resides in Stratford, Connecticut; he is Assistant Secretary of WINCNESTEP i WESTERN RAILROAD COMPANY, this corporation deacribed in and which executed said instrument; he ' is fully informed of the contents of the instrument; he knows the seal of said corporation; the seal affixed to said instrument is on.%ch seal; it was so affixed by authority of the Board of Directors of slid corporation; he nigned his name thereto for said ' corporation pursuunt to Board authority; and instrument is the free act and deed of said corporation; and the conveyance herein is not part of a transaction, sale, lease, exchange or other transfer or c)Lnveyar" of all or substantially all of the property and/or siesta of the Grantor. Ci 1 • no 1 51:11 3211 0 IN WITNESS WHEREOF, I hereunto set my hand and official seal, 1 this o�57* day of _8 , 1994. Notary Public Qj �= a: Print Name: Hy commission expires: VE`�4 •.• 1 State of Virginia at large, 4-- of 2tzAi4a)—, TO WIT: The foregoing deed was executed and acknowledged /before me by /10 kL [� thia .4 day of �,LCL L__, 1994. My commission expires: �° 3 N ary VUblic 1 _ Stat*.of Virginia at large, Of , TO WIT: '&A foregoing dead was execuLd and acknowledged before me by a y"� day of 22j&?e , 1994. 1 _ My commission expires:/ ' Nottry Pu is 1 1 M IMP" %YoY VFC/ml•!w� PASE I OF 3 MUMMY L/NE AN NT.- HARRY W. AIKENS 8 WALTER h AIKENS STONEWALL DISTRICT FREDERICK COUNTY VIRGINIA 30 JANUARY 1994 sw F«I silo STE FORT Goii�E �� 16OR SUNN EI \ ��....� AWE NOUSTW " T TES \R\ J22 j ���• FORT OLLIER ARCH A • 11 / - LACAT IOM • / r . LOW 8M MIEtiM CgffFtJQE Ri i CE1T THAT TIE SAW M TM G V[ THE LAID COMTED TO HARRY M. AIKENS AND WALTLR FL AIKENS EY DEED "M It AA.Y 12" RI OM 0" W?. PASSIM AND A PORT OI Of THE LAND CONVEYED TO THE WOCHESTER AND POTOMAC raUMO CWMV Alp THE CSAFIIERA1p VAUV AND MARTUML/M RALROAD COMMA MY DUD DATED 20 SEPTEMBER I" M am 414 PALS tf4 / / c � TM & Or TMS PLO. r WTH TFE FM COOO t W N ACCaVRMMCE WITH THE MKS Of THE LWW- 1� a m FEawE10R a TFi sm &UUM Z=s krVisidsat r � a. n�Let�rr AJI T N. R. 1 zazq� L. ALLEN EBERT L H EB ar PROFESSIONAL — 33 LAND SURVEYOR w. 80SCA WO SK (LICI49nw 8 ""STOr 14.a8 VA 22601-4740 703 667 3233 xA, b, OvUR0 1 01 1 J L U ! • h 1 0 • ! ,� 3 jZGwM p a I'a a N�3 ti W a. i—FVW NI MET) � 1�"lt• "C�,_4i� Oa • ... zomm 9OUND lty • p d4 to i 1 z �dt 3 3 \ � W n.rxaa - A -to ! 338110 rrAA ti 1 •� Q59 UN01 JIo1 JLI The accompanyolat represents a BOUNDARYLINE ADJUS*.NT Survey of tic Land conveyed to Harry W. Aiken and Walter 11. Aikens by Deed dated 12 July 1985 in Deed Book 597, Page 125, and a 15,296 sq. ft. portion of the Land conveyed to The Winchester and Potomac Railroad Company and the Cumberland Valley and Martinsburg Railroad, Company by Deed dated 20 September 1912 in DeW Book 134, Page 295, The said Land, designated as Nu. 1025, fruits the Northwastem Boundary Line of Martinsburg, Pike, U. S. Route 11, and lies in Stonewall District, Frederick County, Virginia: Beginning at an Iron pin (set) in the Northwestern Line of Martinsburg Pike, a corner to the Shockey Realty Company Land; thence with die said Line, N 26' 35' 00" E - 115.27 ft. to an iron pin (set), a corner to the Railroad retained portion; theme with the two following Lines of the said Other Land, N 10" 15' 00" W - 303.03 ft. to an iron pin (sad); thernc N 57. 26' 56" W - 61.33 ft. to an iron pin (set), a coma- to the Aikeris Land; thence with the three following Lines of die said La-d and the two following Lines of the said Shockey Realty Company Land, S 10. 15' 00' E - 260.37 R. to an iron pin (set); thence N 63° 00' 00" W - 53.06 fL to an km pin (set); thence S 30' 20' 00' W - 151.50 ft, to an iron pin (set); rl , - , S 61' 30' 00" E - 149.62 ft. to the beginning. CooWning: 33,110 Sq. FL Survcyod: 30 Jwxwy 1994 L WALL EH R ,r lh P (UCER1 No. 1498 VVK0NW Ff,CoCRICK 00,WTY. sCT. TV4 of .nin ru ►>rod ad to ma on IM l3f=01 Md rin c4.U1x of acinowIMymont Ins(03 ■nneiad spa to raco+d Tax tr.purod by Sec 5e.1.1102 of and blt.l 8O1 P.tva Wan paid. M aasvaaablo. Ga�M • 0 2351K 1-12-73 i*.1B:dj i #354 FRANCIS M. BAYLISS, ET ALL TO :: :: DEED HARRY WILLIAM AIKENS, ET ALS TItIS DEED made and dated this ,%"day of 19 /.�' , by and between FRANCIS M. BAYLISS, 14ARTIIA M. BAYLISS, this wife, a.nd OLIVE K. BAYLISS, divorced, parties of the first part, hereinafter called the Grantors, and IIARRY WILLIAM AIKENS and IWALTER HARRISON AIKENS, parties of the second part, hereinafter (called the Grantees. WITNP.SSET11: 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 acknowledge(], (the Grantors do hereby grant and convey with general warranty of title unto the Grantees, in fee simple, jointly with right of, survivorship as at common law, it being intended that the part Of the one first dying should then belong to the other, his heirs or assigns, all of that certain lot or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate on the West side of the Martinsburg Pike in Stonewall Magisterial District, Frederic), County, Virginia adjoining the right of way of the Winchester and .Potomac Railroad Company on the South, the property of Ituriter Stine on the East, the property of Francis M. Bayliss on the North, and the property of Earl N. Newcome on the West; said parcel has a Southern boundar of 63 1/2 ft., an Eastern boundary of 8 ft.,.a Northern boundary of 50 It., and a Western boundary of 49 ft., and being the same land convoyed to Francis T9. Bayliss and Olive 1<. Bayliss (his then dife)I by deed dated April 20, 1948, from Earl N. Newcomc, et ua, at record in the Office of the Clerk of the Circuit Court of 'rederick County, Virginia in Deed Book 206 at Page 100. Reference Ls made to the said deed for a more particular description of the flproperty herein conveyed. This conveyance is made subject to all casements, rights lof wa,.• and restrictions of record affecting the subject property. I I -1- MCKF.F AND IIUME'll AlYU11NN� VAA . Q2:l0 1 IV INI'IIRY'llf il, IIUI 11 .OUT., C1., [IIOX •tn[[T ear• 403 1a1 .,ti4 'peaceable possession of the said property, free from all liens and. encumbrancesf .and they will grant such further assurances of title asm'ay be requisite. WITNESS the following signatures and sealsi FRANCIS M. BAYLISS/ r MARTHA M. BAYLIS STATE OF VIRGINIA, / 1 OF,TO-WIT: 9 a Notary Public in and for the State and 'tic �~yaforesaid, do 'hereby certify that FRANCIS M. BAYLISS and MARTIA M. BAY'LISS, his wife, whose names are signed to tho foregoing Deed, bearing date of'/A.,,_�, _ j11 19 7. 1, have personally appeared before me and acknowledged the same in my State and .Laforesaid. Given under my hand this .�. day of f2_ «.4_,. e1 1 19" 1' . My Commission expires NOTARY PUBLIC' „ �. j)1Oc""?u'J'70 j:it o I I il:•:' . . •{ :l:l. t' }'• .I •. :< 1 1.1 ,lj •11. :f fl! '; "110 1111._ ' • ", 1.�. _ .. ;1111. .) • 1•� �:•a V: })Flat! �1 .Ili, I} d Sff .t J.•.'. -2- #3.55 C��G 235101 FRANCIS M. BAYLISS, ET ]IlC * . 3 1-12-73 TO :. :: DEED B: iB :• d j HARRY WILLIAM AIKENy9, ET AIS i I' McIt AND 111."il.lali .\• 1.11•�I.1N AI' 1.AN '• W1N1'lINNrIN. VA. RYIIUe 1 . ' 11 .OYrN C.-C.1.r A.1T I • �II TiliS DI•:)rD made and dated this •12!/;4ay of T19 , by' and between FRANCIS M. BAYLISS and 14ARTIL'+ M. BAYLISS, his wife � ,.parties of the first part, hereinafter called the Grantors, and 11ARkY WILLIAM AIKENS and WALTER 11ARRISON AIKENS parties of the second part, hereinafter called the Grantees.. WITNESSET11: That for and in consideration of the sum of II'fen ($10.00) Dollars, cash in hand paid, and other good and valualzle consideration, the receipt of which is hereby acknowledge], the Grantors do hereby yrant and convey with general warranty of title unto the Grantees, in fee simple, jointly with right of surv.i.vorship as at common law, it being intended that the part Of the one first dying should then belong to the other, his heirs or assigns, all of that -certain lot or parcel of land, together With the improvements thereon and the appurtenances thereunto belonging, lying and being situate in the Richards-Orndorff Addition to Winchester, in Stonewall Magisterial District, Frederi 1: County, Vir.11inia, frontillU 50 ft. on the Eastern side of First Street and extending back Eastward a uniLorm width a distance of 1.50 ft. to an alley in the rear, togcthcr with. the right to the use of said' alley in commnon with adjacent property owners, and being the same land designated as Lot No. 36 on plat of Richards- .)rndorff Addition, and being the same land conveyed to Francis 1%1. Bayliss by deed dated October 31, 1947, from ;':comas W. Lupton, a't ux, of i`ecor.d in the Office. of the Clerk of the Circuit Court of Frederick County, Virl.l.i.nia in Deud Book 204 cit: Pi'(JU 91. Re:feren c is made to said pl.,,it :end deed for a more particular description of the property heroin convoyed. This conveyance is made subject to all easements, rights )f way and restrictions -of record affecting the suij'ject property. The'. Grantors do hereby covenant that they have the right .o convey -to the: Granteeaf that the Gr<ntees shall have quiet and j -1- \1c•1CFr. AND 111IT1.R1t A 1'fUI1Nh1'N AT LAM 1 \\•INCII KNTKrt, VA. 22001 11 .OUIN C.M IION .i llL[T The Grantors do hereby covenant that they.have the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further'assurances of title as may be requisite.. .WITNESS the following signatures and seals: (SL•IAL) FRANCIS M. BAYLISS/ (SLAT.) MARTHA M. BAYLISS (SEAL) LIVE X. Bi'.YLISS STATE OF VIRGINIA, 1'�t�• �,,, %�, , OF a Notary Public in and for the State andT aforesaid, do hereby certify that FRANCIS M. BAYLISS and MARTHA M. BAYLISS, his wife, whose names are signed to the foregoing Deed, bearing•date of % �' 7 19 S , have personally appeared before meland acknowledged the same in my State and eelfjl F ' aforesaid. Given under my hand this. ay of ,.,�.�, 19. My Conunission expires, NOTARY PUBLIC 1_. STATE OF VIRGINIA, AI Cc v�Z OF ���..[�� ,TO -WIT: a Notary Public in and ,for the State an �J.t foresaid, do hereby certify that OLIVE K., BAYLISS,divorcedse name is signed to the foregoing deed, date ledg�;12'y 1973, has personally appeared before me and acknow same in .my State and �, •. aforesaid. Given under my hand this rl day of , 1973. My Commission expires ;�, / . % NOTARY/ PUBLIC 7.�::.�, It a1:4;J :i..biJ. ,19r. M M M M M M � M M 0 T A X R E C E I P T - E A R 2 0 0 2 Ticket 14t:000024700( @@ FREDERICK COUNTY Date 5/30/2002 C. WILLIAM ORNDOFF, JR Register: BCC/BC P.O. BOX 225 Trans. #: 05818 Dept # RE200201 WINCHESTER VA 22604-0225 ACCT# 15262 2002 REAL ESTATE TAXES Previous .39 ACRE 54 A 20 Balance $ 207.71 Acres: .39 Principal Being Paid $ 103.85 Land: 59500 Imp: 8600 Penalty $ .00 Interest $ .00 AIKENS, HARRY W & WALTER H Amount Paid $ 103.85 *Balance Due • PO BOX 2468 as of 5/30/2002$ 103.86 WINCHESTER, VA 22604 1668 Check 294.63 # MARA 2119 Pd by AIKENS, WAALTER H ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) • T A X R E C E I P T - E A R 2 0 0 2 Ticket 4:000024700( FREDERICK COUNTY Date 5/30/200z C. WILLIAM ORNDOFF, JR Register: BCC/BC P.O. BOX 225 Trans. #: 05819 Dept # RE200201 WINCHESTER VA 22604-0225 ACCT# 15262 2002 REAL ESTATE TAXES Previous .39 ACRE 54 A 20 Balance $ 103.86 Acres: .39 Principal Being Paid $ 103.86 Land: 59500 Imp: 8600 Penalty $ .00 Interest $ .00 AIKENS, HARRY W & WALTER H Amount Paid $ 103.86 *Balance Due PO BOX 2468 as of 5/30/2002$ .00 WINCHESTER, VA 22604 1668 Check 294.64 # BBT 1042 Pd by AIKENS, HARRY W ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) M M � M � � M � M M M � = M M i w M T A X R E C E I P T - E A R FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2002 REAL ESTATE TAXES 2 0 0 2 Ticket #:0030018000 @@ Date 6/11/2002 Register: LBX/CK Trans. #: 96013 Dept # RE200201 ACCT# 15265 Previous 1.36 ACRES 54 A 22 Balance S 228_14 Acres: 1.36 Principal Being Paid $ 228.14 Land: 74800 Imp: 0 Penalty $ .00 interest $ SHOCKEY, JAMES D., RALPH D., Amount Paid $ .00 228.14 *Balance Due PO BOX 2530 as of 6/11/2002$ .00 61INCHESlER, VA 22604 1730 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) • M M M M M M M M M M r � M M M M M M • T A X R E C E I P T - E A R 2 0 0 2 Ticket #:000025000C @@ FREDERICK COUNTY Date 5/15/2002 C. WILLIAM ORNDOFF, JR Register: LMM/LM P.O. BOX 225 Trans.: 05695 Dept # RE200201 WINCHESTER VA 22604-0225 ACCT# 33868 2002 REAL ESTATE TAXES Previous .13 ACRE 54 A 20A Balance $ 103.70 Acres: .13 Principal Being Paid $ 103.70 Land: 34000 Imp: 0 Penalty $ .00 • Interest $ .00 AIKENS, HARRY WILLIAM Amount Paid $ 103.70 & WALTER HARRISON AIKENS *Balance Due PO BOX 2468 as of 5/15/2002$ .00 WINCHESTER, VA 22604 1668 Check 1327.36 # FM 59536 Pd by AIKENS, HARRY WILLIAM ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) � M MI M M r M M M m m' M � � M M M M T A X R E C E I P T - E A R FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2002 REAL ESTATE TAXES 13 ACRE 54 A Acres: 2 0 0 2 Ticket 1#:000025000C Date 5/15/2004 Register: LMM/LM Trans. #: 05695 Dept # RE200202 ACCT# 33868 Previous 20A Balance $ 103.70 .13 Principal Being Paid $ 103.70 00 Land: 34000 Imp: 0 Penalty $ Interest $ .00 • AIKENS, HARRY WILLIAM Amount Paid $ 103.70 & WALTER HARRISON AIKENS *Balance Due PO BOX 2468 as of 5/15/2002$ .00 WINCHESTER, VA 22604 1668 Pd by AIKENS, HARRY WILLIAM ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) Post Office Box 696 Winchester, Virginia 22604 \� 5,10-667-1261 • 540-667-8645 fax www. frede ri ckb lock.co m FREDERICK BLOCK Brick & Stone August 26, 2002 Attn: Eric Lawrence Frederick County Planning Commission 107 N. Kent St Winchester, VA 22601-5000 Dear Mr. Lawrence: In reference to Rezoning #09-92 of The Aikens Group we, as adjoining property owners, feel this will benefit our area. As I understand it, Walter Aikens' plans are for a new office building. The reputation of The Aikens Companies is that they always build quality projects. The Route 11 North Quarter will benefit greatly with this project. We whole heartedly support any efforts on behalf of The Aikens Group to improve this area. We do support their rezoning efforts. Sincerely, Stephen R. Slaughter President AUG 2 8 '1.0N JEP1*.OFPU NNN11N-G,,DEVELOPMENI r 0 THE SHOCKEY COMPANIES P. O. BOX 2530, WINCHESTER, VIRGINIA 22604-1730 (540) 667-7700 FAX (540) 665-3211 August 26, 2002 Frederick County Planning Commission Attn: Eric Lawrence 107 N. Kent Street Winchester, VA 22601-5000 Reference: Rezoning 409-92 The Aikens Group Dear Commissioners: We are the adjoining property owners for the above referenced rezoning. This is to let you know that we fully support this rezoning request. We have been business neighbors of the Aikens for many years and are pleased they have the opportunity to expand and improve our neighborhood. Not only will it help our neighborhood but will help the community in general, since they plan to build a new office building on this rezoned parcel. We hope you will act favorably on this request. Should you have any questions or concerns please do not hesitate to call. Sincerely, J. Donald Shockey, Jr. Cc: Walter Aikens AUG 2 6 2002 DL-Pl, 0f PUS MING/DEVELMMEi ' SHMEY SpLff�(ODCKEY THE PARTNER OF CHOICE The Shockey Companies P.O. Box 2530 VVinchester, Virginia 22604-1730 Address Correction Reque0ed P&A d beh%llelf- Frederick County Planning Commission Attn: Eric Lawrence 107 N. Kent Street Winchester, VA 22601-5000 • , t w. Clifford & associates ine gltlber, INCORPORATED 1972 Engineers — Land Planners — Water Quality I August 2002 Board of Directors: President: Mr. Eric Lawrence •rhomas J. O'Toole, RE - County Planning Vice Presidents: Vice Charles E. Maddox, Jr.,1 L 107 N. Kent Street liarl R. Sutherland, RE Winchester, Virginia 22601 Ronald. , P.E. .AS. R Da%rd .1. Sounders, P.Ii. Directors: RE: Aikens —Route 11 North Rezoning ht William L. Wrim Michael A. I Jammer '111omos W. Price Dear Eric, Please find attached 22 copies of the Rezoning Package for Aikens — Route 1 I North located at the Aikens site adjacent to Shockey Industries along Route 11 North. Comment sheets are attached along with a check in the amount of $648.65 per County filing requirements. If I can answer any questions please give me a call anytime. Sincerely, gDell- . clifford & associates, inc. Thomas W. Price TWP/kf Enclosure 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcarani@earthlink.net Member American Consulling A'llgineers Council G i'.` �o � ��t 0 gilbert w. clifford & associates, inc. 117 E. Piccadilly Street, Suite 200 Mnchester, rirginia 22601 540-667-2139 Fax:540-665-0493 e-nail: pvcaram a earthlink.net To: Review We are sending you Hand Delivered 0 Shop Drawings 0 Copy of Letter Attached ❑ Change Order Prints Plats �14hr,; r,� LETTER OF TRANSMITTAL Present Date Job No. 7-1-02 Attention: Review Agencies Re: Aikcns Rezonine 0 Under Separate via aSamples Plans Copies Date Description Aikens Property Rezoning Application Booklets 0 Are Transmitted 0 For Approval For Your Use aAs Requested 0 For Review or Comment For Bids Due Remarks Copy To: 0 Approved/Submitted Approved/As Noted 0 Return/Corrections ApprovalISignature 20 the following items ❑ Specifications x0 Other 0 Resubmit for Approval 0 Submit for Distribution Returned Corrected Prints Loan Print/Return Return/with Signatures JUL )OOi Signed Charles E. Maddox, Jr., P.E., VP Rev 3.0 3/10/97 • COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 July 12, 2002 Charles E. Maddox, Jr., Vice President G.W. Clifford & Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Potential Rezoning of Aikens Property Submitted for Preliminary Review: July 2, 2002 Dear Chuck: I have had the opportunity to review the draft rezoning application for the Aikens property, located on Martinsburg Pike (Route 11 N). I suggest that you consider adding the following information when the formal rezoning petition is submitted to the County for consideration: Surveyed Plat. Please provide a surveyed plat of the subject property, which shows all property lines and proposed zoning boundary lines. Metes and Bounds should be provided to verify exact locations of lots and zoning boundaries. C2)v Unclear or Inconsistent Information. The County's maps provide unclear information regarding the zoning boundary of the M2 strip of land you are proposing to rezone to B3. This piece of land does not appear to exist on our maps. It appears to be a right-of-way for the railroad. The County's maps show Lot 54-A-20A across the railroad, at the corner of Rt. 11 and Stine Lane, not on the west side of the railroad as you show. Please clarify these issues prior to submitting your final application! I am providing you with a photocopy of the Frederick County Zoning Map of the area around the Aikens Property. Call me if I can help with this matter. 3 � Adjoining Properties. Please add the following properties to the list of adjoining properties: 54-A-36I, 54-A-24, 54-A-23, 54-A-22A, and 54-A-20B. Include all other relevant information concerning these properties in your application, including the current use, owners name and address, and zoning district information. () Transportation Data. Please reference the source of the information for the provided transportation data. Keep in mind that the projected traffic counts should be based on the worst possible scenario. Please state this in your Impact Analysis Statement. Because the application does not proffer a maximum building size or limit certain uses, calculations need to be based on the maximum possible building size and the use with the most possible traffic generation. 5) Bicycle Plan. The Frederick County Comprehensive Policy Plan indicates that Martinsburg Pike (Route 11) is a road for "short-term designation" of a bicycle path. Please be prepared to address this comprehensive land use issue. 107 North Dent Street v Winchester, Virginia 22601-5000 • Page 2 Mr. Charles E. Maddox, Jr., Vice President Review Comments for Aikens Preliminary REZ Application July 12, 2002 Environmental Impacts. The Impact Analysis Statement does not indicate where existing flood plains, wetlands, steep slopes, mature woodlands, prime agricultural soils, and soil or bedrock conditions which would create construction difficulties or hazards are located. Also, the Impact Statement does not explain how this rezoning and development will impact these environmental features, if they exist. 7) Route 11 Screening. A landscape screen along Route 11 would significantly benefit the visual appearance of the area. This is particularly important in this area because the nearby historical resources are assets of Frederick County which may be utilized more in the future. Proffer Statement Error. The proffer statement states that the property is located in the Back Creek <_ Magisterial District of Frederick County. This is found under the "Monetary Contribution" section of the proffer statement. This is obviously a typographical error. Please change this to state that the property is within the Stonewall Magisterial District. 9) Category A Buffer. Please keep in mind as you plan for this development that a Category A buffer is required between the B2 and B3 Zoning Districts. 10) F.C. Capital Facilities Impact Model. The impact model run of the Capital Facilities Impact Model is inaccurate, because it assumes that the maximum building size will be 10,200 square feet. A maximum building size is not proffered; therefore, you should use a square footage of 18,848 per acre for the B3 Zoning District. Enclosed is a copy of the model nin for this rezoning which I have prepared. I1 Tax Receipts. You have provided receipts of taxes paid for Lots 54-A-20, 54-A-22, and 54-A-20A. Please provide receipt of taxes paid for 54-A-21 also. 12y Agency Comments. Please provide agency comments from the Frederick County Attorney, VDOT, Public Works, Fire Marshal, Frederick County Sanitation Authority,(Frcderick County Service Author City of Winchester, Millwood Fire and Rescue, and the HRAB. 13) Application Fees. Please provide the appropriate fee for the rezoning application. Your fee calculations provided appear to be correct (550.00 base fee + 35.00 per acre for 1.39 acres + 50.00 sign fee = $648.65 Total Application Fee). 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 continents regarding this rezoning application during the review of formal application. Please contact me with any questions regarding this project. Sincerely, Jeremy F. Camp - Planner II JFC/rsa/Enclosures HLE: U:Ucremy\Rezonings\Aikens�AikensRezonin-PreIiininaryReview.wpd to 00 OUTPUT MODULE APPLICANT: Aikens Net Fiscal Impact LAND USE TYPE Commercial Costs of Impact CLedit; Credits lo�esalce REAL EST VAL $1,695,292 Required (entered in Cur. Budget Cur. Budget Cap. Future CIP/ FIRE & RESCUE 5 C.apU II Fames col sum only) 4peLCapl=quip Expend/Debt_S_, Taxes_Qtner Fire and Rescue Department S5,566 Elementary Schools SO Middle Schools SO $0 SO High Schools $0 Parks and Recreation SO $0 Public Library SO SO Offices SO $1,014 SO SO •Sheriffs Administration Building $0 SO Other Miscellaneous Facilities SO $2,432 S2,686 SUBTOTAL S5,566 $3,447 $2.686 SO LESS: NET FISCAL IMPACT $1,193,371 NET CAP. FACILITIES IMPACT Total Potential Adjustment For Tax Credits Revenue- Net Capital Net Cost Per (Unadjusted) CQs0alaace EacilitiesJmps-1ct DW-etlin9 Unit SO $0 $5,566 ERR $0 SO $0 ERR $0 $0 $0 ERR SO SO SO ERR $1,014 $1,014 SO ERR SO SO SO ERR $5,118 S5,118 SO ERR $6,132 $6,132 SO ERR $1,193,371 $1,193,371 1.193.3 ERR �501 ERR INDEX: "1.0" If Cap. Equip Included: 1.0 INDEX: "1.0" if Rev -Cost Bal, "0.0" if Ratio to Co Avg: 0.0 Rev -Cost Bal = 1.000 PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Co Avg = 1.342 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). 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 07/12/02 JFC Project Description: Assumes 000 Single Family Dwellings and 26,046.051 sq.ft. retail on 1.3819 acres zoned B3 District. 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. 2001MODEL • • July 2, 2002 Mr. Charles E. Maddox, Jr., P.E. Vice President Gilbert W. Clifford and Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Aikens Property Rezoning - Route 11 North Frederick County, Virginia Dear Chuck: COUNTY of FREDERICK Department of Public Works 540/665-5643 FAX: 540/ 678-0682 Based on the proposed rezoning, it appears that drainage issues will need to be addressed to accommodate the proposed site development. There has been a long history of drainage problems in the vicinity of Lee Avenue, in particular, on lots K, J and a portion of I. Therefore, adequately addressing these problems will be critical to a successful development. The Virginia Department of Transportation is currently in the process of upgrading the drainage structures under Lee Avenue. Additional channel upgrades will most probably be required downstream of Lee Avenue to convey the storm flows to the box culvert located under Route 11. It is possible that these upgrades can be incorporated with the site development within the proposed rezoning and lots K and J rather than constructing a detention pond. Regardless of which drainage improvements are implemented, the adjacent properties should be evaluated to insure that they will not be negatively impacted by the development. It is suggested that parcels K and J be included in the future development to insure a successful drainage plan. This consideration should be referenced in the impact analysis discussions. Sincerely, Harvey . Strawsnyder, Jr., P.E. Director of Public Works HES/rls cc: Frederick County Planning and Zoning File C:\C oret\wo rd Pe rfect\Rli and a\aikens rezco m.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 Subject: Aikens Rezoning Date: Wed, 03 Jul 2002 15:37:35 -0400 From: Eric Lawrence <elawrenc@co.frederick.va.us> To: Jeremy Camp <Jcamp@co.frederick.va.us>, Abbe Kennedy <akennedy@co.frederick.va.us> Jeremy - I'd like for you to work on the Aikens Rezoning. This rezoning is an attempt to aliveate the Mary's Used Car violation on Route 11 North, adjacent to Shockey HQ. Please see me so that we might discuss some of the background. I would ask that we get a preliminary review letter out by week's end (July 12th). -Eric Eric R. Lawrence, AICP, CZA Director Department of Planning and Development County of Frederick 107 N. Kent Street Winchester, Virginia 22601 540.665.5651 540.665.6395 fax elawrenc@co.frederick.va.us 1 of 1 7/8/02 8:44 AM gilbert w. clifford & associates, ine INCORPORATED 1972 Engineers — Land Planners — Water Quality July 2, 2002 Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Village at Harvest Ridge Residential Rezoning Aikens/Route 11 North Commercial Rezoning Dear Eric, Board of Directors: President: Thomas J. o'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. IIammer 'Thomas W. Price Thank you for meeting with me last week on the two above referenced rezonings. Per your request, I have submitted comment sheets to the following agencies for their review. Village at Harvest Ridge: (Residential) • Planning Department • Frederick County Attorney • HRAB • VDOT • Public Works • Fire Marshal • Parks and Recreation • Public Schools • FCSA • City of Winchester • Round Hill Community Fire and Rescue Aikens (Route 11 North: (Commercial) • Planning Department • Frederick County Attorney • VDOT • Public Utilities • Fire Marshal • FCSA • City of Winchester • Millwood Fire and Rescue BEGEN ,JUL L%:2-00Z ,)LP,, 0i=' I'LAi�\iivG i1E.11GLOP1IFN1' AL 117 East Piccadilly Strcct, Stiitc 200, Winclicster, Virginia 22601 IM (540) 667-2139 Fax (540) 665-0493 c-niail gwcar in a carthlink.nct Alemberil merican Consnliing Engineers Council gilbert w. clifford & associates, inc INCORPORATED 1972 Engineers — Land Planners Water Quality July 2, 2002 Eric Lawrence Frederick County Planning 107 N. Kent Street Winchester, VA 22601 RE: Village at Harvest Ridge Residential Rezoning Aikens/Route 11 North Commercial Rezoning Dear Eric, Board of Directors: President: Thomas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.E. Earl R. Sutherland, P.E. Ronald A Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A Hammer Thomas W. Price Thank you for meeting with me last week on the two above referenced rezonings. Per your request, I have submitted comment sheets to the following agencies for their review. Village at Harvest Ridge: (Residential) • Planning Department • Frederick County Attorney • HRAB • VDOT • Public Works • Fire Marshal • Parks and Recreation • Public Schools • FCSA • City of Winchester • Round Hill Community Fire and Rescue Aikens (Route 11 North: (Commercial) • Planning Department • Frederick County Attorney • VDOT • Public Utilities • Fire Marshal • FCSA • City of Winchester • Millwood Fire and Rescue • HARB HIV REG .,. JUL02200 ))EPJ', O f'I�1fd I�J�,;1E1�E;L.QPUIEI��' 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@eartlilink.net Member American Consulting Engineers Council 4 0 • gilbert w. cli -ford and associates, hic Page 2 If I can answer any questions, please give me a call anytime. Sincerely, gile4 •t w. Clifford & ssociates, inc. G�, Thomas W. Price gilbert w, clifford and associates, inc Page 2 If I can answer any questions, please give me a call anytime. Sincerely, gil w. Clifford & ssociates, inc. Thomas W. Price O C c Y N N O� 0 A O Ul r r O r ru In O Ln r W -3 O Ln r O i Security Features Included. v D Z 0 S Z Z rn Cp = Z Cri D rn Z < v �9 G)C ZNI D 0 O 3 D Z Aikens Rezoning/U.S. Route 11 North Agency Comment Summary 5 August 2002 Agency Millwood Fire & Rescue VDOT County Attorney Planning Staff Comment Owner/Eneineer Response Proper hydrant spacing and standard This will be addressed on Site Plan pipe required. submission. Transportation proffers o.k. Special care Comment to be addressed at site plan. needed for entrances at site plan. When will monetary contribution be made. Sign proffer. `(1) =Surveyed (2) Unclear Information (3) Adjoining Properties (4) Transportation Data (5) Bicycle Plan (6) Environmental Impacts (7) Route I Screening (8) Proffer Error (9) Category "A" Buffer (132 to 133) (10) hnpact Model _ Cash proffer to be paid at time of building permit. Proffer revised and signed. Plat is being prepared by Marsh & Legge and will be available before the hearing. A copy of deed of conveyance is attached. It clearly shows that Aikens obtained the subject land by quit claim deed from Winchester & Western Railroad and merged the land into tax parcel 54-A-20. 24, 23 and 22A are owned by Aikens, these have been added. 20B is not a parcel. 36I has been added to adjoining owners list. The projected traffic is the owner's peak day counts which are the best data available. The existing zone on the property is B-2 and M-1 which by right can generate many more trips than indicated. There is no need to proffer a building size although the owner is clear on his plan to build a 10,200 SF office at this time on this site. We will plan on discussing the County's ideas for bikeways. The attached plan showing those items identified is attached. A 10' planting space is provided along U.S. Route 11 between the parking lot and U.S. Route 11 right of way. Dense planted 2' shrubs are to be planted to shield headlights. Deciduous trees to be planted at 50' intervals along this frontage. This has been added to the proffer statement. Magisterial District is changed to "Stonewall." Noted The underlying zoning allows this site to develop and conveys this right to the owner. Cash proffers are not applicable to this situation which makes the issue of the model an academic exercise. The owner voluntarily proffers to help the Fire and Rescue and Sheriff. a;K�s RIZ C�ro� k� • U Tax Receipts (12) Agency Comments (13) Application Fee • Aikens Rezoning/U.S. Route 1 l North Agency Comment Summary 5 August 2002•Page 2 Are included iii the submitted material behind the deeds. Provided Provided Public Works Improving channel from Lee Ave. to Suggest improving onsite channel to handle U.S. Route 11 10 year stone flow to accommodate VDOT project. To be specified on site plan. Future planning for existing B-2 parcels to be addressed at time of site plan. No rezoning is requested for these parcels. City of Winchester No comment Fire & Rescue Identify fire lanes To be shown on site plan. FCSA No comment. FWSA No continent. Attached. Ai'teus R ezoning/N.S. Route I I North Agency Comment Summery 5 August 2002 A2ency Comment ®wner/Engineyr Response N itl3vood Proper hydrant spacing and standard This will be addressed on Site Plan Fire & Rescue pipe required. submission. VDDT Transportation proffers o.k. Special care Comment to be addressed at site plan. needed for entrances at site plan. County Attorney When will monetary contribution be Cash proffer to be paid at time of building made. Sign proffer. permit. Proffer revised and signed. Planning Staff (1) Surveyed Plat Plat is being prepared by Marsh & Legge and will be available before the hearing. (2) Unclear Information A copy of deed of conveyance is attached. It clearly shows that Aikens obtained the subject land by quit claim deed from Winchester & Western Railroad and merged the land into tax parcel 54-A-20. (3) Adjoiniing Properties 24, 23 and 22A are owned by Aikens, these have been added. 20B is not a parcel. 36I has been added to adjoining owners list. (4) Transportation Data The projected traffic is the owner's peals day counts which are the best data available. The existing zone on the property is B-2 and M- I which by right can generate many more trips than indicated. There is no need to proffer a building size although the owner is clear on his plan to build a 10,200 SF office at this time on this site. (5) Bicycle Plan We will plan on discussing the Comity's ideas for bikeways. (6) Environmental Impacts The attached plan showing those items identified is attached. (7) Route 11 Screening A 10' planting space is provided along U.S. Route I between the parking lot and U.S. Route I right of way. Dense planted 2' shrubs are to be planted to shield headlights. Deciduous trees to be planted at 50' intervals along this frontage. This has been added to the proffer statement. (8) Proffer Error Magisterial District is changed to "Stonewall." (9) Category "A" Buffer (132 to 133) Noted (10) Impact Model The underlying zoning allows this site to develop and conveys this right to the owner. Cash proffers are not applicable to this situation which makes the issue of the model an academic exercise. The owner voluntarily proffers to help the Fire and Rescue and Sheriff. • u (11) Tax Receipts (12) Agency Comments (13) Application Fee Public Worl3 Improving channel from Lee Ave. to U.S. Route 11 City of 'Winchester No comment Fire & Rescue Identify fire lanes FCSA No comment. Aikens Rezoning/U.S. Route 1 1 North Agency Comment Summary 5 August 2002•Page 2 Are included in the submitted material behind the deeds. Provided Provided Suggest improving onsite channel to handle 10 year storm flow to accommodate VDOT project. To be specified on site plan. Future plamiing for existing B-2 parcels to be addressed at time of site plan. No rezoning is requested for these parcels. To be shown on site plan. FWSA No comment. Attached. . Clifford & associates ini� gilbert w , INCORPORATED 1972 Engineers — Land Planners — Water Quality 8 August 2002 Mr. Jeremy Camp Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 RE: Aikens Property Dear Jeremy, Thank you for your comments of July 121". Board of Directors: President: '1710mas J. O'Toole, P.E. Vice Presidents: Charles E. Maddox, Jr., P.L. Hurl R. Sutherland, P.E. Ronald A. Mislowsky, P.E. David J. Saunders, P.E. Directors: William L. Wright Michael A. I Jammer Thomas W. Price Attached is our reply to the Agency comments including yours, in preparation for a public hearing before the Planning Commission. The survey plat is being prepared and will be in your hands within a week. The boundary of this rezoning is well defined by the deeds submitted. We would appreciate you scheduling the Planning hearing with the understanding an approved plat would be available at that time. Sincerely yours, gilbert w. Clifford & asso ' es, inc. C. E. Maddo • r., P.E. Vice President CEM/kf Enclosure cc: Mr. Walter Aikens I.,i,[G 0 0 2002 gb 117 East Piccadilly Street, Suite 200, Winchester, Virginia 22601 (540) 667-2139 Fax (540) 665-0493 e-mail gwcaram@earthlink.net AlfL'mbei- Aniefim l Con.yulling A'ngineeis Council �``=' f- 0J \ G,'DDELORIENT .0.: 11 14 Jp"F 00 wot ,L • `L dt ., r ` \ a' { .�`t%: �� • 'alb �J4 'tea � �j. •� Amor J �w � MR A A - /If •�I+ �'t.� •- .a �• _ -3 1� ?t «-~y',:�,�1jy\�i w t�• •1. •. r .-A.`T IL 4 t, 41, ' T 1 + t a eil r P 1 d • •T • - 1 '""Now" I 'I COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 1`Ir-)-rlr'IrmIrJi`I rjF ?UAL I FIE: A'RlI`IG September 11, 2002 1'0: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #09-02 OF THE AIKENS PROPERTY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, September 25, 2002, at 7:15 p.m. in the board room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia to consider the following: Rezoning #09-02 of the Aikens Property, submitted by G. W. Clifford & Associates, Inc., to rezone 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3 (Industrial Transition) District. This property is located west and adjacent to Martinsburg Pike (Rt. 11) and south and adjacent of Stine Lane and is identified with Property Identification Numbers 54-A-21, 54-A-20A, 54-A-20, and 54-A-22 in the Stonewall Magisterial District. 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, )eremy F.tCamp Planner II JFC/cih O Agendas Adjoma Un 2002 Rczomngs Red Bud Run wpf 107 North Kent Street • Winchester, Virginia 22601-5000 • This is to certify that the attached correspondence was mailed to the following on (I � � C� from the Department of Planning and Development, Frederick County, Virginia: 54 - A- - 19- GLOVER, JOHN D. & SONS, INC. PO BOX 2761 WINCHESTER,VA 22604 1961 54A - 1- - 15-B SLAUGHTER PROPERTIES PO BOX 696 WINCHESTER,VA 22604-0696 54 - A- - 36.1 FORT COLLIER GROUP 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044.2102 54 - A. - 25-A �' 3 -1 SHOCKEY, JAMES D. & RALPH D. PO BOX 2530 WINCHESTER,VA 22604-1730 54 - A- - 42- CUSTER, KARL D & JUDITH CIO CUSTER CHIROPRACTIC CLINIC 130 LEE AVE WINCHESTER,VA 226014940 54 - A- - 44-E'Ur� AIKENS, HARRY W & WALTER H PO BOX 2468 WINCHESTER,VA 22604 1668 STATE OF VIRGINIA COUNTY OF FREDERICK Gilbert W. Clifford & Assoc.. Inc. Attn: Charles Maddox 117 F. Piccadilly Street, Suite 200 Winchester, VA 22601 Jeremy F. Cl n`p, Planner II ,Frederick Co. Planning Dept. I, il1h Onn 11-1 I� , 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 Ci ( I (1j, , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this I 1 f 1 day of My commission expires on � .bR l LrZ l 3 ( ") Lj- L- H7-'- C ARY PUBLIC A COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 INIOTIFICMIONI OF PUBLIC FIEARONG August 21, 2002 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: REZONING #09-02 OF THE AIKENS PROPERTY 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 #09-02 of the Aikens Property, submitted by G. W. Clifford & Associates, Inc., to rezone 1.34 acres from M1 (Light Industrial) and .05 acres from B2 (Business General) to B3 (Industrial Transition) District. This property is located west and adjacent to Martinsburg Pike (Rt. 11) and south and adjacent of Stine Lane and is identified with Property Identification Numbers 54-A-21, 54-A-20A, 54-A-20, and 54-A-22 in the Stonewall Magisterial District. 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, /11 (el W/ate Jeremy F. Camp Planner II JFC/ch 0 \Agcndm\Adjoincr I.n\2002\Rezonings\Red Bud ltun.wpd 107 North Kent Street • Winchester, Virginia 22601-5000 1 AV • s4--A-z7- This is to ertify that the attached correspondence was mailed to the following on I — �_ from the Department of Planning and Development, Frederick County, Virginia: 54 - A- - 25-A SHOCKEY, JAMES D PO BOX 2530 WINCHESTER, VA s44 -I- 15A . & RALPH D. 22604-1730 54 - A- - 42- CUSTER, KARL D & JUDITH CIO CUSTER CHIROPRACTIC CLINIC 130 LEE AVE WINCHESTER, VA 22601 4940 54 -A- 44- .54-A-.-l)20) 0A AIKENS, HARRY W & WALTER H PO BOX 2468 WINCHESTER, VA 22604.1668 54 - A- - 19- GLOVER, JOHN D. & SONS, INC. PO BOX 2761 WINCHESTER, VA 22604-1961 54A - 1- - 15-B SLAUGHTER PROPERTIES PO BOX 696 WINCHESTER, VA 22604.0696 54 - A- - 36-1 FORT COLLIER GROUP 6231 LEESBURG PIKE STE 600 FALLS CHURCH, VA 22044-2102 STATE OF VIRGINIA COUNTY OF FREDERICK Gilbert W. Clifford & Assoc.. Inc. Attn: Charles Maddox 117 E. Piccadilly Street. Suite 200 Winchester, VA 22601 Jer y F. Camp, Planner ff Frederick Co. Planning Dept. I, a Mn H 11 , 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 F3 • a I - C)Q , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this a N e x day of GLJS4- oZW O My commission expires on [Lj ,I / JO NO ARY PUBLIC TO: Barbara i Data Processing FROM: Carol H� - Planning Department Please print _+�7i sets of labels by: 01 THANK YOU!! Adjoining Property Owners Rezoning Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name: James D & Ralph D Shockev P.O. Box 2530 Winchester VA 22604 Property # 54-A-25A Name: James D & Ralph D Shockey P.O. Box 2530 Winchester, VA 22604 Propertv # 54-A-27 Name: Karl D & Judith Custer 130 Lee Ave. Winchester VA 22601 Property # 54-A42 Name: Harry W. & Walter H Aikens P.O. Box 2468 Winchester, VA 22604 Provertv # 54-A-44 Name: Harry W. & Walter H Aikens P.O. Box 2468 Winchester, VA 22604 Property # 54-A-45 Name: Shockey Industries, Inc. P.O. Box 2530, Winchester, VA 22601 Property # 54A-1-15A Name: John D. Glover & Sons, Inc. P.O. Box 2761 Winchester, VA 22604 Property # 54-A-19 Name: Slaughter Properties P.O. Box 696 Winchester VA 22604 Property# 54A-1-15B Name: Fort Collier Group 6231 Leesburg Pike Suite 600 Falls Church, VA 22044 Property # 54-A-36I . P_s Vert f«d S4-A-),i 54-A-z0A S"4 -4 - �o 54-A_ZZ. 14� ,�dam �W 0- 5 r • Rezoning Application Fees $550.00 Base Fee $48.65 ($35.00 per acre x 1.39 acres) $50.00 Sign Fee $648.65 Total Rezoning Application Fee