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HomeMy WebLinkAbout05-21 Paula O Henry PIN 54-A97U B2 to B3 - Backfiles �! REZONING TRACKING SHEET Check List: Application Form_ Fee & Sign Deposit _ Proffer Statement Deed Impact Analysis ,i Plat/Survey _ Adjoiner List Taxes Paid Statement File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Scan documents to Planning S: drive Application Action Summary updated Scan additional items as needed (Project Planner to direct) Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: a Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's ` t Reference manual updated D-base updated Scanning updated ,J/ Application Action Summary updated I / File given to Mapping to update zoning map Zoning map amended Sys ID # NOTES r- �•, ! � � p I �� RECEIVED FROM vlI �< < DDRESS 1 FOR VP7-a) 110 1 ACCOUNT HOW PAID ANM OF ACCOUNT GASH PAID CHECK BALANCEMONEY DUE ORDER No.320091 13Y )! C2001 f ED-E EM-. `' 81.800 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 January 13, 2022 Pennoni Associates Inc. David Prank 117 E. Piccadilly St. Suite 200 Winchester, VA 22601 RE: REZONING #05-21 Paula O. henry PIN: 54-A-97U Dear Mr. Frank: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting oil January 12, 2022. The above-refercnced application was approved to rezone 8.2 acres from the B2 (General Business) District to the B3 (Industrial "Transition) District. The property is located at the intersection of' Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Numbcr 54-A-97U. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, Candice Perkins, AICP, CZA Assistant Director CEP/pd cc: Judith McCann -Slaughter, Supervisor Stonewall District Gary Oates and William A. Orndoff', Stonewall Planning Commissioners Commissioner of Revenue Paula O. Henry P.O. Box 3282, Bald Head Island, NC 284618 107 North Kent Street, Suitc 202 9 Winchester, Virginia 22601-5000 Pam Deeter From: Microsoft Outlook To: Judy McCann -Slaughter Sent: Friday, January 14, 2022 9:01 AM Subject: Delivered: Rezoning #05-21 Paula O. Henry approval Your rnessage has been delivered to the following rccipients: Judy_t�•1cC�nn-Sl�iucilit�r_(jsl��ugl�tcr(a%fcv_�.us) Subject: Rezoning #05-21 Paula O. Henry approval Pam Deeter To: Judy McCann -Slaughter; Gary Oates Subject: Rezoning #05-21 Paula 0. Henry approval Attachments: Paula 0. Henry #05-21 Approval.doc Good morning, Please find the attached approval letter for Rezoning 405-21 Paula 0. Henry from Ms. Perkins. If you should have any questions, please contact Ms. Perkins. Pam Deeter, Senior Secretary Dept. Planning & Development 107 N. Kent St. Suite 202 Winchester, VA 22601 540-665-5651 �deeter @)fcva.u5 Pam Deeter From: Microsoft Outlook To: Gary Oates Sent: Friday, January 14, 2022 9:01 AM Subject: Relayed: Rezoning #05-21 Paula 0. Henry approval Delivery to these, recipients or groups is complete, but no delivery notification was semi by the destinatiori server: Gam Uat�s�Grc y�+rolf�inc<u�aol.c�m). Subject: Rezoning #05-21 Paula 0. Henry approval COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 29, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-21 FOR PAULA O. I-ILNRY On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being licld on Wednesday, January 12, 2022, at 7:00 pin in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Reronina #05-21 for Paula O Henry, submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres from the B2 (General Business) District to the B3 (Industrial "Transition) District. "Tile property is located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U. Citizens wishing to make public conllilClit on a public hearing item are strongly encouraged to do so in writing rather than in person at the nieeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www 1'cva.us/PCMcctings (Click on cConullent for the January 12, 2022, meeting). Email to County staff at kvacchio(a),i`cN/a.us or sconncr(a)fcva.Lis Mail to Planning Department -January 12, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop offyour comments. General inquiries concerning the above itcm(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the fill text of any ordinance or of any other item(s) to be adopted arc available at the Oflicc of Planning and Development or at: www I'CVa.11s/PCMCCtings. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning &, Development 107 North Kent Street. Suite_'O? Winchester. Vir_inia 22001 54 - A- - 97-U RECEIVED HENRY PAULA 0 40 112 STATE ST CHARLESTON SC t,,IIAR 3 r FREDERICK COUNTY r ANNING F,ND DEVELOPMENT .I 4=271@601287:t78 t{dD 29401.2810 V IZ r^, i U •I -ice? `t'. I N, - I`{.i SEND r1 iv '•, y A A 0 u 1 0 N v Ncj SO: S282 EAL D HEAD ISL h!C 2S-61-7302 R _ T LI R N T CI C = ?d r) = = I i 1;D REZONING APPLICATION #05-21 PAULA O. HENRY Staff Report for the Board of Supervisors Prepared: January 4, 2022 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/15/21 Recommended Approval Board of Supervisors: 01/12/22 Pending PROPOSAL: To rezone 8.2-acres from the B2 (General Business) District without proffers to the B3 (Industrial Transition) District without proffers. LOCATION: The property is located along Fort Collier Road (Route 1322), approximately 400'east of Baker Lane (Route 1300) and 1,400 feet north of Berryville Avenue (Route 7). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE O1/12/22 BOARD OF SUPERVISORS MEETING: This is a proposal to rezone 8.2-acres to the B3 Zoning District without proffers. The subject property was rezoned from the M 1 (Industrial General) District to the B2 District in 1987. The site is located within the limits of the Northeast Land Use Plan of the Comprehensive Plan. The Plan identifies this property with a commercial land use designation; the property is also within the limits of the Sewer and Water Service Area and the Urban Development Area. The existing B2 zoning and proposed B3 zoning are generally consistent with the goals of the Plan. Staff would note that the site is surrounded by a mixture of business, transitional, and residential zoning and therefore careful consideration should be made regarding impacts to surrounding uses. The intent of the B3 District is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. While some uses permitted within the B2 and B3 Districts do overlap, it should be noted that many uses are more intensive. The rezoning does not include proffers and would therefore permit any use allowed in the B3 Zoning District. The Planning Commission did not irlerrtifj) airy conceives with the request and recommended approval of the application at their' December 12, 2021 meeting. B•ollowirtg the reau/red nablic hearing, a decision regarding this rezoning application by the Board ofStrpervisors would be aLiropriate The Applicant should beprepared to ade(jnately address al/ concerns raised by the Board of'S((pervisors. Rezoning #05-21 Paula O. Henry January 4, 2022 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in narking a decisiolr oil this application. It may also be useful to others interested in this zoning matter. Unresolved Issue's concerning, this application are noted by Staff Where relevant thl'oughout this Staff /'eport. Revie`ved Action Planning Commission: 12/15/21 Recommended Approval Board of Supervisors: O1/12/22 Pending PROPOSAL: To rezone 8.2-acres from the B2 (General Business) District without proffers to the B3 (Industrial Transition) District without proffers. LOCATION: The property is located along Port Collier Road and Stratford Drive and is approximately 400'east of Baker Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-97U PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B3 (Industrial Transition) District Use: Warehousing B2 (General Business) District Commercial South: B2 (General Business) District Use: Vacant East: RP (Residential Performance) District Use: Residential (Huntington Meadows) B3 (Industrial Transition) District Use: Warehousing West: B2 (General Business) District Use: Commercial Rezoning #05-21 Paula O. Henry January 4, 2022 Page 3 REVIEW EVALUATIONS: Virginia Dept. of Transportation: Upon review of rezoning (application packet for the Paula Henry Property (application received in our office 8/2/2021), VDOT offers the following comments: The proposed rezoning from B2 to B3 would not result in a significant change to potential traffic generation and would not have a significant impact to the roadway network. Site access shall be designed and constructed per the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards, and all other applicable specification and standards. Please see letter from Bradley S. Riggleman, P.E. Area Lund Use Engineer clated September 8, 2021. Frederick Water: Please see letter from Eric Laivrence, ExeculNe Director cluledAugusl 5, 2021, Frederick County Department of Public Works: We offer no additional comments at this time. A comprehensive review shall occur at time of site plan submission. Please see agency comments sheet from Joe Wilder dated August 12, 2021. Frederick County Fire Marshall: Plan approved. Please see agency comments sheet from Achim Hounshell, LieulencinlMssistunt Fire Alfarshul clated August 3, 2021. Frederick County Attorney: No comment Please see email.Ji•om Roderick B. f ,'illiums, Counly Atlorney dated October 10, 2021. City of Winchester: No comments. Planning & Zoning: 1) Site Histoiy The original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned M2 (Industrial General) District. The Board of Supervisors approved Rezoning #29-87 on September 9, 1987, which rezoned the property to the B2 (General Business) District. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the Community's guide for making decisions regarding development, preservation, public facilities and other key components of Community life. The primary goal of this plan is to protect and improve Rezoning #05-21 Paula O. Henry January 4, 2022 Page 4 the living environment within Frederick County. It is in essence a composition of policies used to guide the future development of Frederick County. The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool and will be instrumental to the future planning efforts of the County. Comprehensive Plan -Land Use Compcilibilily The Northeast Frederick Land Use Plan of the Comprehensive Plan provides guidance on the future development of the property. The Plan identifies this property with a business land use designation; the property is also within the limits of the Sewer and Water Service Area. The existing B2 zoning is generally consistent with the goals of the Comprehensive Plan. In appropriate locations, B3 zoning may be consistent with the goals of the Plan. The intent of the B3 District is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. While some uses permitted within the B2 and B3 Districts do overlap, it should be noted that many uses are more intensive. 3. Access The site is proposed to be accessed via a full entrance on Fort Collier Road and would align with Stratford Drive (Route 1350). This access location is not proffered and therefore alternative or additional access may be developed if approved by VDOT. 4. Potential Impacts This site Is surrounded by a mixture of business, transitional, and residential zoning. The rezoning does not include proffers and would therefore permit any use allowed in the B3 Zoning District. Staff would suggest that the following aspects of the proposal be carefully considered: ■ Land use compatibility between this site and adjoining properties ■ Visibility and screening of outdoor storage that may develop ■ Interparcel connection with PIN 54-A-97F and 54-A-42 • Impacts on County services such as Fire and Rescue 5. Proffers: There are no proffers associated or proposed with this rezoning application. PLANNING COMMISSION SUMMARY ANI) ACTION FROM THE 12/15/21 MELTING: Staff provided an overview of the requested rezoning, following Staff's presentation, David Frank of Pennoni Associates, Inc., representing the Applicant came forward and shared a brief overview and Rezoning #05-21 Paula O. Henry January 4, 2022 Page 5 history of the proposed project. There were no public comments during the public hearing and the Planning Commission recommended approval of RLL #05-21 for Paula O. Henry. (Note: Commissioner Triplett was absent from the meeting.) Follorviuy the reauh-ed public hearinu, -adecision reuardittj'this rezoning application by Nre Board �)f Stipervisnrs would he rr�roiate The Applicant should be prepared to adequately address all cancerns raised by the card C)t' Sttgervisars. REZ # 05 - 21: Paula O. Henry PIN: 54 - A - 97U Rezoning from B2 to B3 Zoning Map roRr .G- OLLIERdG 7@ WEER 2mrr SI A 97U Q Application Parcels Sewer and Water Service Area B2 (General Business District) BJ (Industrial Transition District) M1 (Light Industrial District) RP (Residential Performance District) FORD DR f, W \ mC c Cc 4� Winchester g G ^� lERRT'7 SAVE Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 420 Feet Map Created: November 10. 2021 Q Application Parcels Sewer and Water Service Area Frederick County Planning & Development 107 N Kent St Winchester. VA 22601 540 - 665 - 5651 420 Feet Map Created: November 10. 2021 Long Range Lantz Use O Residential Q Business • Industrial Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 420 Feet Map Created: November 10, 2021 Ji1h, 2021 Ilemy Rezoning II IMPACT ANALYSIS July 2021 Henry Rezoning INTRODUCTION The 8.2-acre Henry Property fronting Fort Collier Road, identified as tax map parcel 54-A- 97-U, is ideally located for Industrial Transition District land uses. The Property is located in the Henry Business Park and is currently zoned B2 General Business District. The property was zoned 1\111 until the RZ #029-87 application for B2 and B3 land use was approved by the Frederick County Board of Supervisors on September 9, 1987. This application, in The Henry Business Park, is also located adjacent the City of Winchester — Frederick Count), boundary just north of Route 7 Bcriyville Pike. This application seeks to rezone the Property from B2 General Business District to B3 Industrial Transition District. The site is located wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). Rezoning the subject acreage to B3 will be consistent with the intended transitional commercial zoning envisioned for the subject property in the comprehensive plan and previously approved rezoning from the original INI1 use in RZ #029-87. The location of the property is also better suited for the B3 commercial land use than the B2 land uses which typically generate higher traffic volumes. The proposed B3 zoning would also be compatible and consistent with the B3 zoning across and along Fort Collier Road. B3 zoning for industrial transition uses would allow the site to develop as a commercial transitional area from the retail commercial land uses to the south within the City of Winchester limits and the M1 Industrial land uses in the JP Darlington Industrial Land subdivision to the north. The applicant is confident that the proposed rezoning is consistent with the land use policies of the Comprehensive Policy Plan, and development under the B3 zoning district wi11 not result in negative net impacts from the by -right current: I32 zoning. COMPREHENSIVE PLAN The subject property is identified on the Eastern Frederick County Long Range Land Use Plan (EFCLFJ UP) and the Northeast Frederick Land Use Plan (NELUP) and is wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). July 2021 henry Rezoning These documents are intended to serve as a guide for the intended future land uses within the SWSA and UDA as properties within those growth boundaries develop. Both plans identify the subject property as business and the adjacent property to the north as industrial. This land use designation is a direct reflection of the Property's current zoning designation. Consequently, the proposed rezoning of the subject property to B3 is in conformance with the Comprehensive Plan, as the property would develop as an extension of the existing and future commercial and industrial land uses intended by the plan. LAND USE The subject property seeks to rezone from the B2 district to the Transitional B3 district. The western side of the subject property borders the rear of existing business land uses that are compatible with the proposed B3 zoning. The proposed land use will also be compatible with the existing B3 zoned land uses across Fort Collier Road to the north. Traditional retail land uses are found to the south across the city -county boundary line in the City of Winchester. This existing retail land use has direct access to Route 7 Berryville Pike and typically generates higher traffic volumes than the proposed B3 zoning. ACCESS AND TRANSPORTATION The Property has approximately 800' of frontage on Fort Collier Road which provides quick access and connectivity to Route 7 and Interstate 81. Site access optimally lines ul across from the existing Stratford Drive intersection with Fort Collier Road. A secondary means of egress exists on Fort Collier Road and would need to conform to the current VDOT access management design regulations if utilized. The site is currently zoned B2 and the rezoning to B3 will likely result in equal or decreased total trip generation for future land uses. Actual trips and entrance design will be calculated and accommodated with any future Site Plan applications for the subject property. SITE SUITABILITY The site conditions relate very positively to the proposed development activities. The proposed rezoning would not result in impact on areas of steep slopes, stream channels, lakes, ponds, flood plain, or wetlands. The site generally slopes from 2-7% toward the north AN 2021 Hem), Rezoning and will drain into the existing storm sewer conveyance systems established with the design and construction of Fort Coltier Road and other adjacent drainage facilities. During the engineering phase of the project, a stormwater management plan will be created to adequately and effectively retain storrmvater in a manner that will avoid negative impacts on adjacent properties. SEWAGE CONVEYANCE AND WATER SUPPLY Sewage flows generated by the site will discharge into the existing Frederick Water sanitary sewer facilities present. on -site. A terminal sanitary manhole has been extended onto the property with prior construction projects. Likewise, existing Frederick Water potable water service has previously been extended onto the subject property. Use and access and extensions of these facilities will be coordinated with Frederick Water at the time of a future Site Plan application. It is not anticipated that rezoning die property to B3 will result in any increase in demand for water and sewer services already allowed under the current B2 zoning. HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify any structures of historic importance on the subject site. It is also observed that the urban and industrial development along Fort Collier Road has resulted in the loss of any historical integrity. As such, the infill development of the subject property wilt not impact historical sites and structures. IMPACT ON COMMUNITY FACILITIES The development of the allowed uses under the proposed B3 zoning will result in a net positive fiscal impact for Frederick County. Prop, :y Map - Frederick Cou, y, VA PI 23 24 3 4'6 r 15 1A 5 1.) j 44 M1 74 1 3i 4i6 63 S3 6*4 72 11 *� 27 45 51 4 2 9 1 .�,66 0 41 67 �/ 9 Ale, '� 2 9 4 51 51 30 97M 4 �57 t 2 1. 1` 10 • 2 31 •73 S6 • 97Ka776 1 32 UC: , 1 33 971 to 1i1361 14 34 :50 780 1 4 728 • 97G 7A ��4-5 4-4 3 970704 , • 971 97H 97- �1 42 Subject Property '� 112 Fredenck County Information Technologies 107 N Kent St Winchester, VA 22601 +( 540-665-5614 FWsndcCGUt*dws not pne any esp.wmd a urp/ed waffenbw. 0 155 310 owdows, repasawsoore. hdarmtes o/any kwd. atatueorlt or 00arwse. concsmnpery or eB olehe Frodwwk Covrey G!S data 1:3.600 24 • 484 w 1i171,N J' 2 84; 84A U t . - S-TRATFORD DR C y 1 j 53A r RP 2 3 r 1G167 5 't# 106 g110 4 C, 102 �2tiQ.T. 33 10 -44 32 106 31 101� 1�0 35 4h 10 150 1 • • 1 6 30 36 37 13 • • • 122 40 43 1 WES.T, 1 64 110 • • VIRWN� per^ 108 µ • 22 23 24 724 121 734 2 3 12 5�6 8 aI 1.3 1 07 7-10 43 26A 27 28 29 30 �t2 18 41 ��' ! 9 2 Wii aL'� aR v 710 9 12 j3 7 016 J 7 11 21 18. 15 10 7j10 G14 620 Feet J. ,IV Lj T ' Virginia Department of Transportation DATE: September 8, 2021 TO: David Frank, PLA, Pennoni FROM: Bradley S. Riggleman, P.E., Area Land Use Engineer RE: Paula Henry Property, Rezoning — VDOT Comments LAND USE MEMORANDUM Mr. Frank, Upon review of rezoning application packet for the Paula Henry Property (application received in our office 8/2/2021), VDOT offers the following comments: 1. The proposed rezoning from B2 to B3 would not result in a significant change to potential traffic generation, and would not have a significant impact to the roadway network. 2. Site access shall be designed and constructed per the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards, and all other applicable specifications and standards. Thank you for the opportunity to comment on this Rezoning request. Please feel free to contact me at 540-534-3223 if you have any questions or concerns. Sincerely, y Bradley S. Riggleman, P.E. Area Land Use Engineer— Edinburg Residency Cc: Mark R. Cheran, Frederick County Zoning and Subdivision Administrator John A. Bishop, AICP, Frederick Planning and Zoning Assistant Director, Transportation M. Tyler Klein, AICP, Frederick County Senior Planner File 315 Tasker Road Stephens City, Virginia 22655 August 5, 2021 David Frank Pennoni 117 East Piccadilly Street Winchester, Virginia 22601 d FREDERICK WATER PH (540) 868-1061 Fax (540) 868-1429 www.FrederickWater.com RE: Rezoning Application Comment Paula Henry Property Tax Map Numbers: 54-A-97U 8.2 acres Dear Mr. Frank: Eric R. Lawrence Executive Director Thank you for the opportunity to offer review comments on the Paula Henry Property commercial rezoning application package, dated July 2021, and received at Frederick Water on July 27, 2021. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. The project parcel is located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water's water and sewer services are available. The application's Impact Statement is silent on the projected quantities of water and sewer generation from the proposed land use but suggest demands will be similar to potential demands under the existing land use permitted by the underlying zoning. It is noted that neither the potential square footage nor the water and sewer demand projections are included in a proffer statement, so actual water and sewer demands could vary significantly based upon ultimate land use. Water service is available via existing 8- and 10-inch water mains located on the property. Adequate drinking water supply presently exists. A Frederick Water sanitary sewer manhole exists on the site. This manhole ultimately enables sanitary sewer flows to be conveyed via gravity sewer to the Opequon Water Reclamation Facility (OWRF). The gravity sewer flows through a series of pipes ranging from 8-inch to ultimately a 36-inch gravity sewer main. Treatment capacity does presently exist at the OWRF. Water At Your Service Page 2 Paula Henry Property comme. _,al rezoning application David Frank August 5, 2021 Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of the actual use proposed and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerel Eric R. Lawrence Executive Director Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of , Public Works with their review. Attach a copy of your application form, location map, proffer staterriGn>i, impact'$nalysis;;and any.other.,gertinenYinfo,.rinatiop; Applicant's Name: Pennoni Associates, Inc. Telephone: 540_771-2087 Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 Zoning requested: B3 _ Acreage:.8.2 Department of Public Works Comments: C"', Prt . Sii� rCVracc v✓ a� .0 7�irr__,� Public Works Signature & Date: Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 Rezoning Comments Frederick County Fire Marshal Mail to: Frederick County Fire Marshal 1800 Coverstone Drive Winchester, Virginia 22602 (540) 665-6350 Hand deliver to: Frederick County Fire & Rescue Dept. Attn: Fire Marshal Public Safety Building 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the infonnation as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer. statement, impact analysis, and any other pertinent information. Applicant's Name: Pennoni Associates, Inc. Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Telephone: 540-771-2087 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 Zoning requested: B3 or M1 Acreage: 8_2 Fire Marshal's Comments: Fire Marshal's Signature &Date: Notice to Fire Marshal - Please Return This Form to the Applicant PL A1�6 ill.., o � d 23 ME MARSHALL FREDFRICzf� COUNTY PLANS AIRpnOVED FIRE MARSHAL9 FRE-DERICK COUNTY r-R-ECEJVE1;� J11 " (' 2i111 rederick County Fire and Rc-cue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone:540-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Business Name Paula O. Henry Property Account8052376 Fort Collier Rd Winchester, Virginia 22602 Engineering Firm : Pennoni Associates, Inc. Received Date: 07/28/2021 Review Begin Date: 08/03/2021 Review End Date: 08/03/2021 Hours: 1.5000 Status: Approved Printed Date: 08/03/2021 occupancy Type: Property Use: Activity Number: 1071036 Review Cause: New Construction Project Name Request for Rezoning Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 Rezoning Comments Frederick County Attorney Mail to:, Frederick County Attorney Co. Administration Bldg., 3`d Floor 107 North Kent Street Winchester, Virginia 22601 (540)665-6383 Hand deliver to:, Frederick County Attorney Co. Administration Bldg., 3' Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. .. z Applicant's Name: Pennoni Associates, Inc. Telephone: 540-771-2087 Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 County Attorney's Comments: See Attached Assistant County Attorney's Signature & Date: Zoning requested: B3 Acreage: 8.2 Notice to County Attorney - Please Return This Form to the Applicant 20 Candice Perkins From: Rod Williams Sent: Monday, November 8, 2021 1:39 PM To: Candice Perkins Subject: FW: '[External]'Re: Paula Henry property rezoning, Tax Parcel 54-A-97U After review, no comment from me on the Henry rezoning. me! From: David Frank <DFrank@Pennoni.com> Sent: Sunday, October 10, 2021 7:46 PM To: Rod Williams <rwillia@fcva.us> Cc: Candice Perkins <cperkins@fcva.us>; John Bishop <jbishop@fcva.us> Subject:'[External]'Re: Paula Henry property rezoning, Tax Parcel 54-A-97U Thank you, Rod. I appreciate greatly your after hours attention and work. Have a great week. Get Outlook for iOS David Frank, PLA Office Director Pennons 117 East Piccadilly Street I Winchester, VA 22601 Direct: +1 (540) 771-2087 www.pennoni.com I DFrank@Pennoni.com From: Rod Williams <rwillia fcva.us> Sent: Sunday, October 10, 2021 6:10:45 PM To: David Frank <DFrank@Pennoni.com> Cc: Candice Perkins <cperkins@fcva.us>; John Bishop <ibishop fcva.us> Subject: Paula Henry property rezoning, Tax Parcel 54-A-97U David, I have now reviewed the materials that you forwarded for this proposed rezoning. As discussed, the item does not propose any proffers, so I have no comments to make regarding legal sufficiency of proffers. The materials in support of the proposed rezoning appear to be legally sufficient. I have not reviewed the substance of the proposed rezoning relative to applicable planning considerations, as it is my understanding that review will be done by staff and the Planning Commission. �I Roderick B. Williams County Attorney Frederick County, Virginia Rezoning Comments City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: PennonlAssociates, Inc. Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of property: At the Intersection of Stratford Dr and Fort Coll Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 Zoning requested: B3 Telephone: 510.711.2087 Acreage: 11.2 City of Winchester's Comments: rrn ih A) City of Winchester's Signature & Date: ldIS-1.2UZ Notice to City of Wincheste► I ase Return This Form to the Applicant 30 cb�tiplelQd big Plairniiig.�?�(rff' rv. >i to Atxufit Ppid• S. nidg'�Ametldinent.�iitiiEier,.� �J"5 �,i'•- ��stt�t�atcd�'G�Ile�tinc: t-4,i`j•. date #iccciyed:_ 1( :}' Z 1 1 ttcipated,? S`.�1<GajiEyg�afe4' REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Narne: Paula O Henry Specific Contact Person if Other than Above: Address: PO Box 3282, Bald Head Island, NC 284618 Telephone: 910-540-6777 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Finn Name: Pennoni Associates, Inc. Specific Contact Person at Firm: David Frank Address: 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 Telephone: 540-771-2087 Email: dfrank@pennoni.com Please note that, if a law firm, engineering firm, or other pet -son, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner- in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 4. Project Name (if any): Fort Collier Business Park S. Property Information: a. Property Identification Number(s): 54-A-97U b. Total acreage of the parcel(s): 8.2 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 8.2 d. Current zoning designation(s) and acreage(s) in each designation: M e. Proposed zoning designation(s) and acreage(s) in each designation: w f. Magisterial District(s): Stonewall g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): At the intersection of Stratford Drive and Fort Collier Road, approx. 1700 LF, north of route 7 Berryville Pike. h. Adjoining Properties: Parcel ID Number Use See Attached List Please attach aciaitionai pagc�s) ii necessary. Zoning Property identification numbers, magisterial districts, and deed book and page numbers/ instrument nurnbcrs may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity, that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Ms. Paula Henry Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: 0 Location Map 0✓ Plat Depicting Metes/Bounds of Proposed Zoning z✓ Impact Analysis Statement Proffer Statement (if any) �✓ Agency Comments �✓ Fee 0 Copies of Deed(s) to Property(ies) Q Tax Payment Verification 0 Digital copies (pd('s) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if an, Date If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 ADJOINING PROPERTY OWNERS I 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 21ld11oor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 8 42 Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 8 41 Name James Michael & Amy Wilson 236 Delmas Trail Winchester, VA 22602 Property # 54 A 97M Name Landon W Furlong 971 Old Factory Road Strasburg, VA 22657 Property # 54 A 97K Name Jeffrey G & Rosanna M Jenkins 1631 Redbud Road Winchester, VA 22603 Property # 54 A 97J Name Rease Enterprises, LLC 750 Baker Lane Winchester, VA 22603 Property # 54 A 971 Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 A 97F Name Huntington Meadows Homeowner Assoc. . r10 Don Butler 19 W. Boscawen Street Winchester, VA 22601 Property # 54L 11 53A Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 S 97L 16 Name and Property Identification Number Address Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 property # 54 A 97S Name Richard L Kent 484 Fort Collier Road Winchester, VA 22603 Property It 54 8 24 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 17 ADJOINTING PROPERTIES Parcel ID Number Use Zoning 1 54-8-42 Vacant -Commercial B2 2 54-8-41 Vacant -Commercial B2 3 54-A-97M Commercial B2 4 54-A-97K Industrial B2 5 54-A-971 Vacant -Commercial B2 6 54-A-971 Commercial B2 7 54-A-97F Vacant -Commercial B2 8 54L 11 53A Vacant -Exempt RA 9 54-A-97L Commercial B3 10 54-A-97S Commercial B3 11 54-8-24 lCommercial B2 Y, coG� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us N ux Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Paula O Henry Narne of Property Owner/Applicant Please note: If tho property owner/npplicanI is an entity, Itic namo of tlro entity shotdd appear above. If nnoltiplo persms own Ibc property or are applicants, an execidod powi;r oftdtunicy Gom each owner wilt be needed. PO Box 3282, Bald Head Island, N.C. 28461 910-540-6777 Mailurg Address of Property Owner/Applicant Telephone Nrunber as owner of, or applicant with respect to, the trnet(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 54-A-97 U do hereby make, constitute, and appoint: Pennoni Associates, Inc. Name of Attomey-In-Fact 117 E. Piccadilly Street Mailing Address of Attomey-In-Pact 540-771-2087 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓ Rezoning Subdivision Conditional Use Permit ✓ Site Plan ✓ Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority tooffer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appoin otherwise rf Signature Title (if § State of it shall: expire one year d or modifv it. ng on behalf of an the person signed th �4 it i s,�bcfore me in the )�cniol afo the day that it is signed, or at such sooner time as I County/City of IylJ�y*j�. 1.,CK , To wit: Notary1PAilic 'i 0 rutsLIU Z G tary Public in and for the jurisdiction aforesaid, certify that t personal I appeared before the and has acknowledged the s ZS day of -S 0 ps� f _, 20 ?—' My Commission Expires: o I Z Z ZUZ- Registration Number: 1 3� 210003247 This Declaration of Subdivision, Deed of Dedication, and Deed of Easement ("Declaration") is made and dated as of December A, 2020, by and among KIMERLY G. HENRY, divorced, and PAULA O. HENRY, divorced, parties of the first part and hereinafter called the "Declarants" (Grantors for indexing purposes), and FREDERICK COUNTY, 'VIRGINIA, party of.the second part and hereinafter called "Frederick County" (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY doing business as FREDERICK WATER, party of the third part and hereinafter called "Frederick Water' (Grantee for indexing purposes). RECITALS WHEREAS, Declarants are the owners in fee simple of the real property "Property") shown on the plat attached to this Declaration and incorporated herein by this reference (the "Plat"), and being the remaining portion of the same real property conveyed to Declarants from J.P. Darlington and Ruby S. Darlington by deed dated January 28, 1988, and of record in the land records of the Clerk's Office of the Circuit Court of Frederick County, Virginia ("Clerk's Office"), in Deed Book 671, Page 710. WHEREAS, Declarants desire to subdivide the Property, dedicate portions of the Property to Frederick County, Virginia, and grant casements to Frederick Water over portions of the Property upon the terms set forth herein and as shown on the Plat . WHEREAS, the subdivision of the Property by this Declaration is with the free consent and in accordance with the desires of the Declarants, and Declarants desire to subdivide the Property in accordance with the provisions of the local and state laws as are applicable, in force, and in effect as of the date of execution of this Declaration. Page 1 of 8 DECLARATION That for and in consideration of the Property and the benefits which will accrue by reason of this Declaration, Declarants do hereby iucorporate [tie above recitals into this Declaration as material terms and take the following actions. 1. Subdivision. Declarants hereby subdivide the Property and create two parcels of land containing 8.204 acres (Tax Map Number 54-A-97U) and containing 7.966 acres (Tax Map Number•54-A-97F) as set forth on the Plat. The platting and subdivision of the Property is made with the consent and approval of Declarants and appropriate authorities of Frederick County, Virginia, as evidenced by the signatures set forth on the Plat. 2. Dedication of Street. Declarants hereby dedicate and convey unto Frederick County, in fee simple and as an improvement to the public street, that portion of the Property five feet in width as set forth and identified on the Plat as "5.00' Strip Hereby Dedicate to Frederick County for R.O.W.," contiguous with Fort Collier Road, Virginia Route 1322, and containing 0.125 acres, inore or less. 3. Slope and Drainage Easements. Declarants hereby grant and convey unto Frederick County: 3.1. A nonexclusive, appurtenant, perpetual easement five feet in width as set forth and identified on the Plat as "5.00' Strip Hereby Added to the Ex. 20' Slope and Drainage Easement," along the eastern property line of the 8.204 acres parcel, and contiguous with the existing Slope and Drainage Easement established by that instrument of record in the land records of the Clerk's Office in Deed Book 754, Page 592, for the purpose of Page 2 of 8 c-� C; 00 11 constructing, maintaining, and repairing the slope and drainage needed for the adjacent road; II and 3.2. A nonexclusive, appurtenant, perpetual easement fifteen feet in width as set forth and identified on the Plat as "Hatched Area Denotes a 15' Wide Drainage and Grading Easement Hereby Dedicated," and located at the southeast corner boundary of the 8.204 acres parcel for the purpose of constructing, maintaining, and repairing the slope and drainage needed for the property. 4. Frederick Water Easements. Declarants hereby grant and convey unto Frederick Water, and its successors and assigns, the. nonexclusive, appurtenant, perpetual easements set forth and identified on the Plat as "'Hatched Area Denotes Addition to Ex. Frederick Water Easement to Create A 20' Wide Easement Over the Existing Sewer Line and Manhole," and "Cross -Hatched Area Denotes Proposed Frederick Water Easement Over the Existing Water Line" (the "Frederick Water Easements") for the purpose of installing, constructing, -operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), subject to the following conditions: 4.1. All Facilities which are installed in the Frederick Water Easements shall be and remain the property of Frederick Water, and its successors and assigns. 4.2. Frederick Water and its agents shall have full and free use of the Frederick Water Easements for the purposes named, and shall have all rights and privileges c-r reasonably necessary to the exercise of the Frederick Water Easements, including the right 0-1 access to and from the Frederick Water Easements, and the right to use adjoining land when necessary; provided, however, that this tight to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow Frederick Water to erect any building or structure of a permanent nature on such adjoining land. 4.3. Frederick Water shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Frederick Water Easements, including those existing at the time of execution of this Declaration, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of the Facilities; provided, however, that Frederick Water, at its own expense, shall restore, as nearly as possible, to their original condition all land or improvements included within or adjoining the Frederick Water Easements which Lre disturbed in any manner by the construction, operation, and maintenance of the Facilities. Such restoration shall include (i) the backftlling' of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Frederick Water Easements, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Frederick water Basements. Page 4 of 8 4.4. __J Co Declarants and their successors and assigned ("Owner") reserve & right to construct and maintain aroadways over the Frederick Water Easements and to make any use of the Frederick Water Easements which may not be inconsistent with the casement rights herein conveyed, or interfere with the use of the Frederick Water Easements by Frederick Water for the purposes listed above; provided, however, that Owner shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Frederick Water Easements without obtaining the prior written approval of Frederick Water. In the event a use of the Frederick Water Easements by Owner is approved by Frederick Water, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, al] costs required to accomplish such relocation or adjustment shall be paid by Owner. Owner agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Frederick Water Easements; provided, however, that such flowers, shrubbery, and vegetable plants are planted at Owner's risk and Frederick Water shall have no obligation to replant such flowers, shrubbery, and vegetable plants nor to compensate Owner i for such vegetation in the cvcnt-such vegetation is damaged or destroyed during the exercise of Frederick Water's rights under these Frederick Water Easements. 4.5. At such time as any portion of the land within the Frederick Water Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof For maintenance into the state highway system, all easement rights acquired by Frederick Water by this Declaration in such portion of land shall cease and terminate, provided that the Page S of 8 Commonwealth of Virginia or any appropriate agency thereof concurrently grants t Frederick Water all necessary permits for the continued operation, maintenance, inspection repair, and replacement of its facilities in said location. 4.6. The Owner covenants that it is seised of and has the right to conve, said Frederick Water Easements, rights, and privileges, that Frederick Water sliall have quie and peaceable possession, use, and enjoyment of the Frederick Water Easements, rights, anc privileges, and that Owner shall execute such further assurances thereof as may be required. 4.7. In the event Frederick Water notifies Owner of a violation of the terms of this Frederick Water Easements and Owner does not cure such violation within thirty (30) days of such notice,.Frederick Water may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's property deemed necessary by Frederick Water to access the Frederick Water Easements or to enforce Frederick Water's rights hereunder. 'All costs and expenses incurred by Frederick Water in exercising or enforcing its rights hereunder shall be paid or, at Frederick Water's election, reimbursed by Owner within thirty (30) days from the date Owner receives a bill or invoice from Frederick Water for such costs and expenses. If such costs and expenses are not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per year. Frederick Water shall have the right to enforce the terms of this Frederick Water Easements by any remedy available at law or in equity. 4.8. If Frederick Water is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of the Frederick Water Easements, Page 6 of A --n c> IIdten Frederick Water shall be awarded its costs and expenses, including reasonable attorney I fl fees. OD 4.9. Declarants agree that the agreements and covenants stated in this Declaration are not covenants personal to Declarants but are covenants running with the land which are and shall be binding upon Declarants, their heirs, personal representatives, successors, and assigns. 5. Frederick County, Virginia, and The Frederick County Sanitation Authority by the signature of each of its authorized agents on the.Plat do accept the dedication to public domain and easements respectively herein described as such. WITNESS the following signatures and seals . I SEAL) �kimr�rly-C;�-Ilan STATE of.FLO D CITY/ OL7NTY TO -WIT: The foregoing instrument was acknowledged before me this (L� day of 0AJ_w , 20,24, by Kimerly G. Henry. oP4 My commission expires Registration No. G G `\11111111111 I I l l// JO�x�Yt t.YNN SyFp ���i� Jam\ fi tNFiO'1 ems'• yF`''� 0�J1,RY?s ttyy� 4 * • • * otary Pu lic 161420 i �/-'�O�Hofa lSe�; •' O�� STAIr- Pagc 7 of S k (SEAL.) Paula 0. Henry, by John Willi gham, her attorney in fact under Power of Attorney, dated February 16, 2021 PaarotAttomg?io �7i1 & Rararded M �.rT�i�F tTedOdck County, VA/ Clrcel Court COMMONWEALTH OF VIRGINIA, CITY OF WJNCHESTER, TO-VVI'I': The foregoing instrument was acknowledged before me this Z3fd day o 2021, by John Willingham, attorney in fact for Paula 0. Henry , under Power o ,dated February 16, 2021: My commission expires �i w Registration No. h (D This Document Prepared by: Benjamin M. Butler, Esq. 112 S. Cameron St Winchester, VA 22601 . Va. State Bar 03157 Page 8 of 8 J, ary Public t Stephanie Jo Webster CammenWCahh of Virglnla Notary Public (I Commission No. 7162129 yv" MY Cortunlssbn Fxplroa 7/31,2022 VICINITY MAP 1 " = 2000' A MINOR SUBDIVISION ON THE LANDS OF THE KIMERL Y G. HENR Y AND PAULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 20, 2020 SURVEYORS CERTIFICATE I HEREBY CERTIFY THE PARCEL CONTAINED IN THIS MINOR SUBDIVISION 15 THE LAND CONVEYED TO KIMERLY G. HENRYAND PAULA 0. HENRYFROMJ. P. DARLINGTONANDRUBYS. DARLINGTONBYDEEDDATED -ANUARY28, 1968OF RECORD IN DEED BOOK 671 ON PAGE 710, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE. GAR R. OATES, LAND SURVEYOR AREA TABULATION PARCEL ZONED USE EX. AREA ADJ. AREA 54-(A)-97F B-2 VACANT 16.195 AC. 7.966 AC. 54-(A)-97U 3-2 VACANT N/A 8.204 AC. R.O.W. DEDICATION B-2 VACANT N/A 0.115AC, TOTAL 16.295 AC. 16.295 AC. NOTES 1. A FIELD SURVEY WAS PERFORMED 8YGREYWOLFE, INC. IN OCTOBER OF2020. 2. BASIS OF MERIDIAN IS GRID NORTH OF THE VIRGINIA STATE PLANE COORDINATE SYSTEM. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4, THERE WAS NO READILYAPPARENT EVIDENCE OF A CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 5. THIS PARCEL IS LOCATED ON fL00D INSURANCE RATE MAPS No. 51069CO209 IN FLOOD ZONE X' AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2, 2009. APPROVAL �No� Zaza FREDERICK WATER DATE DfGE VIRGINAD PA ME TRANSPORT G /DATE CZISION ADMINISTRATOR DA E D1073 Redbud Road ;;GreyWolfe, Inc. Winchester, VA22603 Land Surveying and ConsultingGreyWb1felnc@ao1.com 540-667-2001 OFC 540-545-4001 FAX DRAWN BY., GRO FILE NO: 0664 SHEET 1 OF 8 OWNERS CERTIFICATE C: THIS MINOR SUBDIVISION SURVEY OF THE LAND OF KIh1ERLY G. HENRYAND PAULA 0. HENRYAS APPEARS ON THE ACCOMPANYING PIAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, �-C PROPRIETORS, AND TRUSTEES, IFANY. ) / r SIGNATURE-KIMERLYG. - RY C014M N}SS(AL 0 VIRGI A cIj}'COUh7Y0 _ To1;7T.•RIEFOREGOINGOWNERSCERTIFIGITEWASACKM1'OWLEOGfDOEFORE 1 THIS a 2020, BY: PRINTED OWNER - PRIIIIED A'OTARYPUBLIO S7 TU REGI5TRA770N NUMBER l t t .Q� SOLr,s�!�.. !lYC0�;,11551011EhPIRES� ��_, p2.?—r•I: O � OIAR)- t� SEAL pU60AC a ,� ��rrrr111111 , ` SIM TURE - PAULA` _0. HENRY b �fj111 w1��11 11Qm t COI,WONWEALTH OF VIRGINIA C/TY(COVWYOFWilloNe\ t,TOlffT' 7HEFOREGOINGOIVNER'SCERTIFICATEIYASACKNOIAEOGEDBEFORE14EDWS` `M DAY OF BY. PRINTED 01WER NTUR �MREUITS`77ZA 77OONN NUMBER Mrcoq°.russloNExPiREs .U.0 3�,i?i f�c 11 Uo G Y R OATES o• 1518-B /o-zd zQ 0 lq�O SURv�� FILE NO: 0664 „ Stephanie Jo Webster '+ Conunormalth of Virg;nlo 9 ` Notary Public comntlssion No. 7162129 My Comrdssbn Expires 7131022 SEAL FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PA ULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inc. Winchester, VA22603 1 Land Surveying and Consulting GreyWo1Fe1nc@aoLcom w 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBF.R 20, 2020 1 SCALE: n/a SHEET 2 OF 8 200' 0' 200' \ GRAPHIC SCALE s C-6©� `\ �0 oo c-9 \ p0� F O o9 S\ 54.00' W � yo oti� ,o o h , . KIMERL Y G. HENRY, ET UX 54-(A)-97U t DB 671, PG 710 1 ZONED: B-2 8.204 ACRES i 5.00' STRIP HEREBY i DEDICATE TO j l` FREDERICK COUNTY 1 v FOR R.O. W. i 54-(A)-97F KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: 8-2 2 Z966 ACRES s��9'SOe As• A` RAMS ARC DELTA BEARING CHORD C-1 665.00' 673.67' 58'02'35" S 00°08'15" W 645.23' C-2 665.00' 47.53' 4°05'44' S 31 °11'25" W 47.53' C-3 25.00' 38.76' 88°4953" 582°0831"W 34.99' C-4 25.00' 39.78' 9100951" 5 07'5196"E 35.71' C-5 425.00' 76.68' 10°20'14" N 41 °4333" E 76.57' C-6 25.00' 45.38' 104°00'12" N 05°0675" W 39.40' C-7 665.00' 105.10' 9°0320" 554°0738"E 104.99' C-8 25, 00' 37.33' 8503348" S 8737'07" W 33.96' C.9 300.00' 14.25' 2043'17" 5 46'11'51 " W 14.25' C-10 375.00' 72.00' 11"00104" S 4200328' W 71.69' Ir o�PvTH pF f�C � Y�� v N . 1518-B /0-26 20 1,9�0 SUq,\J-t FILE NO: 0664 FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y A ND PA ULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road ��. GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWoifelnc@ao1..com 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 1 SCALE: 1 " = 200' SHEET 3 OF 8 TRANSFORMER 54-(8)-24 RICHARD L. KENT \ 100006304 ZONED: B-2 GAS MARKER \ \ O \ s/e " IRf \ \ 54-(A)-97U 5.00' STRIP HEREBY KIMERLYG. HENRY, ET UX ADDED TO THE EX. 2D' DB 671, PG 710 SLOPE AND DRAINAGE ZONED: 9-2 EASEMENT 8.204 ACRES 4 60' 0' 60, GRAPHIC SCALE �s s�o 4iU2�, F \ SEE CURVE TABLE ON SHEET 3 I EX. 2D' SLOPE AND I DRAINAGE EASEMENT DB 754, PG 592 l 5.00' STRIP HEREBY - DEDICATE TO FREDERICK COUNTY FOR R.O. W. I I I STRATFORD ' J DRIVE 1 I J l j / / O FINAL PLAT FOR LTH O� A MINOR SUBDIVISION ON THE LAND OF r` r KIMERL Y G. HENRYAND PAULA O. HENR Y ,D ES STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1518-B 1073 Redbud Road 76- d- #i, GreyWolfe, Inc. Winchester, VA22503 9 Land Surveying and Consulting GreyWolfelnc@aol.com SURD 549-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 SCALE: 1 " = 60' 1 SHEET 4 OF 8 54-(A)-97F KIMERLYG. HENRY, ET UX OB 671, PG 710 ZONED: B-2 7.966 ACRES 5.00' STRIP HEREBY DEDICATE TO FREDERICK COUNTY FOR R.O. W. ti s��9 FS- i SEE CURVE TABLE ON SHEET 3 FILE NO: 0664 54-(A)-97U KIMERLY G. HENRY, ET UX / DB 671, PG 710 �ss> ZONED: B-2-2 8.204 ACRES / iL�c� QP.a� Of�F_ L� /0 q�. 1ha, 0 � � 0 P / 1 / / 0 0 �P� ��g• / SOP ti RQ�J / i / 9 / / / 60' 0' 60, / GRAPHIC SCALE FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PA ULA 0. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road ji., GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWolfelncnaaoLcom w 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 1 SCALE: 1 " = 50' SHEET 5 OF 8 -n Gl I r\ p 1/1 IRF / A; p f/a "IRF / h3 O C-3 PP 54 (A) 97H BOWMAN & BOWMAN DB 680, PG 564 ZONED: B-2 1 4sue 1� ooj 54-(A)-97G LFS A. RIDGEWAY 196� s- 090013309 \/ ZONED: B-7 \� ti \s9s \ 54-(A)-97EMILL CREE INVE5TMENTSKLLC150012695 ZONED: B-1 / / 54-(A)-97T FRATERNAL ORDER \ OF EAGLES / 040000869 04 ZONED: B-2 SEE CURVE TABLE ON SHEET 3 54-(A)-97i SE ENTERPRISES, LLC 080005015 ZONED: B-2 '/a ° IRF / � 1y0, ON 00 Q`/B„IRF / 54-(A)-97F KIMERLY G. HENRY, ET UX 3/g " IRF DB 671, PG 710 ZONED: B-2 7.966 ACRES 60, 0' 60' �L GRAPHIC SCALE s�19, FINAL PLAT FOR NTH QF A MINOR SUBDIVISION o�P �I�C ON THE LAND OF g-r2 KIMERL Y G. HENR Y AND PAULA O. HENR Y A K, UA I t5 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA N6. 1518-8 Road /61d;Zo GreyWolfe, Inc. 1073ReWinchesterr,, VAVA 22602603 Land Surveying and Consulting GreyWoifelnc@aol.com SURv� 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 SCALE: 1 " = 60' SHEET 6 OF 8 / \ 54-(8)-41 Vpp 7 \ KIMERLY G. HENRY, ET UX OZONED. B 15 gP \ 54-(A)-97M / / \ DAMES 11I01AEL WA50N / 100011285 \ZONED: B-1 � / 59 (A) 97K LANDON W. FURLONG \ DB 777, PG 1870 \ \ O D ZONED: S- B-1 54-(A)-97J JEFFREY G. JENKINS, ET UX 050008754 ZONED: B-2 54-(A)-97i REASE ENTERPRISES, LLC 080005015 ZONED: B-2 .X. 30' DRAINAGE EASEMENT D8 701, PG 566 54-(8)-41 KIMERLYG. HENRY, ET UX DB 801, PG 445 ZONED: B-2 s S �6- F lsS X 30'D) INAGE EASEMENT DB 709, PG 773 S/g " IRF W. 30' DRAINAGE EASEMENT DB 701, PG 566 54-(A)-97U KIMERLYG. HENRY, ETUX DB 671, PG 710 ZONED: 8-2 8.204 ACRES pp HATCHED AREA DENOTES A 15' WIDE DRAINAGE A0p AND GRADING EASEMENT HEREBY DEDICATED rid 54-(A)-97F S so KIMEDB 671, PG HENRY, ET UX 10 94��'" 60' 0' ZONED: B-1 7.966 ACRES sfp'G� GRAPHIC SCALE FINAL PLAT FOR LTH OF A MINOR SUBDIVISION - I lire Z ON THE LAND OF rKIMERLYG. HENRYAND PAULA O. HENRY UJ4�ES ➢ STONEWALL MAGISTERIAL DISTRIC% FREDERICK COUNTY, VIRGINIA 1518-B 7O 2� Z� 1073 Redbud Road �'�, GreyWolfe, Inc. Winchester, VA22603 `�Np Ey�� Land Surveying and Consulting GreyWolfeinc@aolcom SUFty w 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 1 SCALE: 1 " : 60' SHEET 7 OF 8 E.. 5'SLOPEAND DRAINAGE EASEMENT �o DB 801, PG 449 -P���, � ogo EX. SLOPE AND \ DRAINAGE EASEMENT / \\ ARC DB 754, PG 592 \ �18.36' 7 \ � KIMERLY G. HENRY, ET UX DB 801, PG 445 ZONED: B-2 s/s 8 EX. SANITARY SEWER O EASEMENT �h DB 801, PG 449 r� �2�6F 1tih r� / hn4 Jsre %s ° IRF p 1� 5" IRf " �' '� �/ EX 30' DRAINAGE / EASEMENT IRF 17.37' DB 709, PG 773 O PP HATCHED AREA DENOTES /s / ADDITION TO EX. FREDERICK WATER EASEMENT TO CREATE so A 20' WIDE EASEMENT OVER THE EXISTING SEWER LINE s� AND MANHOLE TRANSFORMER C 60' 0' 60, GRAPHIC SCALE PLTH OFV I ,� Cr ,Q 2 Y R, ES D 1S18-8 Zo 19�o SURv�ycq FILE 54-(A)-97U KIMERLYG. HENRY, ETUX DS 671, PG 710 ZONED: B-2 8.204 ACRES ARC �40.09 CROSS -HATCHED AREA DENOTES PROPOSED FREDERICK WATER EASEMENT OVER THE EXISTING WATER LINE 54-(8)-24 RICHARD L. KENT 100006304 ZONED: B-2 S/s ' IRF SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KINERL Y G, HENR Y AND PAULA 0. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA A.' 1073 Redbud Road ��.. GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWoifelnc@aoLcom 540.667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 1 SCALE: I" : 60' SHEET 8 OF 8 VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on op,'Z a ( at T-1-1 P C11 and with certificate acknowledgement thereto annexed was admitted to record. Tax Imposed by Sec. 58.1.802 of $-, and 58.1-801 have been paid, If assessable. Clerk VICINITY MAP 1 " = 2000' A MINOR SUBDIVISION ON THE LANDS OF THE KIMERL Y G. HENR Y AND PAUL4 O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 20, 2020 SURVEYORS CERTIFICATE I HEREBY CERTIFY THE PARCEL CONTAINED IN THIS MINOR SUBDIVISION IS THE LAND CONVEYED TO KIMERLY G. HENRYAND PAULA 0. HENRYFROMJ. P. DARLINGTONAND RUBYS. DARLINGTON BYDEED DATED JANUARY 28, 1966OF RECORD IN DEED BOOK E71 ON PAGE 710, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE. GAR R. OATES, LAND SURVEYOR AREA TABULATION PARCEL ZONED USE EX. AREA ADJ. AREA 54-(A)-97F B-2 VACANT 16.295AC. 7.966AC. 54-(A)-91U 3-2 VACANT N/A 8.204 AC. R.O. W. DEDICATION B-2 VACANT N/A 0.125 AC. TOTAL 16.29S AC. 16.295 AC. NOTES 1. A FIELD SURVEY WAS PERFORMED BYGREYWOLFE, INC. IN OCTOBER OF2020. 2. BASIS OF MERIDIAN IS GRID NORTH OF THE VIRGINIA STATE PLANE COORDINATE SYSTEM. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THERE WAS NO READILY APPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 5. THIS PARCEL IS LOCATED ON fL00D INSURANCE RATE MAPS No. 51069CO209 IN FLOOD ZONE X' AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2, 2009. APPROVAL -3.W.- Zpza FREDERICK WATER DATE �pJ fFi OF L VIRGIN A D A ME TRANSPORT DATE z- R ER� SUBDIVISIONADMINISTRATOR DA TE U G Y ES v 11518-B A GreyWolfe, Inc. 1073 Redbud Road Winchester, VA22603 Land Surveying and Consulting GreyWollelncc&joLcom Q qN0 540-667-2001 OFC SUPNj�y0 540-545-4001 FAX DRAWN BY. GRO FILE NO: 0664 1 SHEET 1 OF 8 OWNERS CERTIFICATE C: THIS 1'IINOR SUUDNISIONSURVEY OF THE LAND OF KIMERLY G. HENRYAND PAULA 0. HENRYASAPPEARS ON THE ACCOAtPANY1NG PLAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, -C PROPRIETORS, AND TRUSTEES, IFANY. r ' �IGNA7URE-KIFffRLYG. ' RY COMB! L 0 VIRGI A CIZI'COUh7y0 _ 1 WJVr.'711EfOREGOING0MIERSCERMCA TE{%ASACKNOWLEDGEDBEFORE METHIS PRINItO OWNER • -:f��6�4 PRINTED NOTARYPUBLI SI 4TU REGISTRAT70N NUMBER MYCO'•1�+NSSIONEXPIRES �1 �_, 8C -Y- `���rl1nnrrr,�� ��O:�p'CARy t�-tr-.. is pUB�NGati. 70 ,0Nwf A I6H ���`�`• SEAL SI ATURE • PAULA 0. HENRY bY.�rl�o Wi1G+ ��1 COMMONWEALTH OF VIRGINIA aX�xnC� �- in -act CJTY1666 PYOF lta(he�b_, TOWfr' THE FOREGOING OWNER SCERTJFJCATEWASACKNOWLEOGEDBEFORE METIITS VVIA DAY OF 'fz r n&, /J,ZI BY.- PRIIATED OWNER rJ� PRI Y � 7A- r „ Slephonle Jo Webster ¢ UTN REGIS77ZA77ON6UMBER * CairvnorcxeallhofVirgnlo 9 Notary Public Commission No. 7162129 MYCO;WISSIONEXPIRES .V-V :��1 LY!!�� I/yComrNssbnFxpkes7A1=2 SEAL FINAL PLAT FOR �Pk-TH OF jo A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENRY AND PAULA O, HENRY STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA Redbud Road UO r1073 `GreyW oife, Ine. Winchester, VA 22603 Land Surveying and ConsultingGreyWO/felnc@ao/.conT w 540-667-2001 OFC 540-545.4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 1 SCALE: n/a SHEET 2 OF 8 200' 0' 200' GRAPHIC SCALE 6-6 C60,�c , \ C-9 sN / s2✓6moo. 9�59 � A `0. . a�O,�'c 1 , 6 / C-3^� 54-(A)-97U KIMERLY G. HENRY, ET UX DB 671, PG 710 ZONED: B-2 8.204 ACRES 54-(A)-97F KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 7.966 ACRES �9- pS- S 3603326" W 54.00' '1 ,1 i 5.00' STRIP HEREBY DEDICATE TO I FREDERICK COUNTY 16 FOR R.O. W. i e r lyF�� l A' RADIUS ARC DELTA BEARING CHORD C-1 66500' 673.67' 58"02`.35° S 00008'15" W 645.23' C-2 665.00' 47.53' 4°05'44" S 31 °1225" W 47.53' C-3 25.09' 38.76' 88°4953" S 82°08 31 " W 34.99' C-4 25.00' 39.78' 91 °0951" 5 0705146" E 35.71' C-5 425.00' 76,68' 10°20'14" N 41 °4333" E 76.57' C-6 25.00' 45.38' 104°00'12- N05°0625"W 39.40' C-7 665.00' 105.10' 900320" 554o0738"E 104.99' C-8 25.00' 3Z33' 85°3348" S 87°3707" W 33.96' C-9 300.00' 14.25' 2°43'17" 5 46°ll'51 " W 14.25' C-10 375. 00' 72.00' ll °DO'04" S 4200328' W 71.89' INAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y A ND PA ULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA GreyWolfe, Inc. Land Surveying and Consulting FILE NO: 0664 1 DATE: OCTOBER 20, 2020 1 SCALE: 1 " = 200' 1073 Redbud Road Winchester, VA 22603 Gre yWolfelnc@aol. com 540-667-2001 OFC 540-545-4001 FAX SHEET 3 OF 8 TRANSFORMER 54-(8)-14 RICNARD L. KENT \ 100006304 ZONED: B-2 ° \ \ GAS MARKER O \ S/B"IRF \ \ 1 , 54-(A)-97U 5.00' STRIP HEREBY KIMERLYG. HENRY, ET UX ADDED TO THE EX. 20' DB 671, PG 710 SLOPE AND DRAINAGE ZONED: 8-2 EASEMENT 8.204 ACRES 60' D' 60' GRAPHIC SCALE e,. OJG �y�2\9 F SEE CURVE TABLE ON SHEET 3 o_a�P�TH OFL,QG, NN I 1518-B /o Za 2.0 l,9No SURv�y�� FILE NO: 0664 1 EX. 20' SLOPE AND DRAINAGE EASEMENT I DB 754, PG 592 I I I 5.00' STRIP HEREBY DEDICA TE TO FREDERICK COUNTY FOR R.O.W m I� f I I STRATFORD ' DRIVE 1 FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PA ULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road i,i: GreyWolfe, Inc. Winchester, VA22503 Land Surveying and Consulting GreyWolf&Inc@aol.com 540-667.2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 SCALE: 1 " = 50' SHEET 4 OF 8 54-(A)-97U / KIMERLYG. HENRY, ETUX / DB 671, PG 710 / • �ss> ZONED: B-2-2 8.204 ACRES / Of �2 8J119 � NNI L� 54-(A)-97F KIMERLYG. HENRY, ETUX p OB 671, PG 710 ZONED: B-2 / �h° 7.966 ACRES Q hay � � 0 1 / /�0 o PO O 60' 0' 60' GRAPHIC SCALE SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR A MINOR SUBDIVISION O^a�LTH OF LJ�C ON THE LAND OF N r2 KIMERL Y G. HENRY AND PA ULA O, HENRY U R K. UA I ES D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA N . 1518-B 1073 Redbud Road `. _ GreyWolfe, Inc. Winchester, VA22603 q�0 SURv�yO� �wi Land Surveying and Consulting G540-667-2001 OFCm 540-545-4001 FAX FILE NO: 0664 1 DATE: OCTOBER 20, 2020 1 SCALE: 1 " = 60' SHEET 5 OF 8 �0 54-(A)-97i O.REIASE ENTERPRISES, LLC 080005015 / ZONED: B-2 IRF \ 318 " IRF O hip BOWMAN & BOWMAN / R p I/z "IRF DS 680, PG 564 ss r6o / phi ZONED: B 2 0.�� �9, sF 5 8 " IRF O 1°b, j C-3 PP 0 54-(A)-97F O KIMERLYG. HENRY, ET UX 2s 31s " IRF D8 671, PG 710 ZONED: B-2 1sy�„ 7966 ACRES •Oj, \ 54-(A)-97G \ CHAW ES A. RIDGEWAY \ 090013309 ZONED: B-Z INVESTMENTS,KLLC 150011695 / 20 60' oso 0' 60' ZONED: B-2 / \ tis GRAPHIC SCALE / o 54-(A)-97T FRATERNAL ORDER / OF EAGLES 04 040000864 �s ZONED: B•2 SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR NTH pF A MINOR SUBDIVISION THE LAND OF �P L, jON KIMERL Y G. HENR Y AND PA ULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY VIRGINIA U51 �1073 j�GreyWolfe, Inc. Redbud Road Winchester, VA22603 �w• Land Surveying and Consulting G540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 SCALE: 1 " = 60' SHEET 6 OF 8 U-I \ 54-(8)-41 KIMERLYG. HENRY, ET UX \, D6 801, PG 445 / �O ZONED:B-2 / \ KIMERL Y G. (HENRY, ET UX <: DB 801, PG 445 54-(A)-97M / O ZONED: B-2 / \ \ )AME5111C11AEL WILSON s / 100011285 / so ZONED: B-2 54-(A)-97K LANDON W. FURLONG \ ss DB 777, PG 1876 \ 050008754 ZONED: B-2 \ 54-(A)-97) JEFFREY G. )ENKINS, ET UX 050008754 ZONED: B-2 54-(A)-97i REASE ENTERPRISES, LLC 080005015 ZONED. B-2 0 Opp P 518"IRF� 54-(A)-97F KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 7.966 ACRES Or��TH OFV pG. I U V FC /O-zoZo 1,9�0 SUPNIO FILE NO: 0664 W. 30' DRAINAGE EASEMENT DB 701, PG 566 HATCHED AREA DENOTES A 15' WIDE DRAINAGE AND GRADING EASEMENT HEREBYDEDICATED OjLfs�F ��l EX. 30' DRAINAGE EASEMENT' DB 709, PG 773 s/e " IRF X. 30' DRAINAGE EASEMENT DB 701, PG 566 54-(A)-97U KIMERL YG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 8.204 ACRES 60' 0' 60' GRAPHIC SCALE FINAL PLAT FOR A MINOR .SUBDIVISION ON THE LAND OF KIMERL Y G. HENRYAND PAULA 0. HENRY STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWo1fdncL0aoLcom 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 1 SCALE: 1 " : 60' SHEET 7 OF 8 EX.S'SLOPEAND \ -0T1- DRAINAGE EASEMENT-1p �o DB 801, PG 449 o��F EX. SLOPE AND \ DRAINAGE EASEMENT / �\ ARC DB 754, PG 592 \`1�� � 18.96' I KIMERLYG. HENRY, ETUX I DB 801, PG 445 \\�C ZONED: B-2 EX. SANITARY SEWER 5/s "IRF / EASEMENT �h Op rs o DS 801, PG 449 / n0 'TSs. 5/s " 1Rf p o'1 5/s "IRF EX. 30' DRAINAGE EASEMENT 2737' D8 709, PG 773 O PP s/e "IRF HATCHED AREA DENOTES / ADDITION TO EX. FREDERICK WATER EASEMENT TO CREATE `ro A 20' WIDE EASEMENT OVER THE EXISTING SEWER LINE s� AND MANHOLE TRANSFORMER C 60' 0' 60' GRAPHIC SCALE FILE NO: 54-(A)-97U KIMERLYG. HENRY, ETUX DB 671, PG 710 ZONED: B-2 8.204 ACRES 0 �I :- -0 LO ARC �40.09' CROSS -HATCHED AREA DENOTES PROPOSED FREDERICK WATER EASEMENT OVER THE EXISTING WATER LINE 54-(8)-24 RICHARD L. KENT 100006304 ZONED: B-2 5/g " IRF SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PA ULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA ` 1073 Redbud Road 4�,_ GreyWolfe, Inc. Winchester, VA22603 4 Land Surveying and Consulting GreyWoifeInc@,?olcom 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 SCALE: 1 " : 60' SHEET 8 OF 8 11/5/21, 9:38 AM Untitled Page Inquiry of Real Estate Map Number: 54 A 97 U https://fctaxes.co.frederick.va.uslApplications/TR_Paytaxes/TicketsByMap.aspx?MACCT=8052376 1 /1 ORDINANCE Action: PLANNING COMMISSION: December 15, 2021 Recommended Approval BOARD OF SUPERVISORS: January 12, 2022 Pending ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-21 PAULA O. HENRY WHEREAS, REZONING #05-21 Paula O. Henry, Was SUbmittCd by Pennoni Associates, Inc. to rezone 8.2+/- acres fi•om the B2 (General Business) District to the B3 (111(iUSII'i,11'1'ransltioil) District.1'he property is located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U; and WHEREAS, the Frederick County Platlning Commission held a I)Llblic leafing oil this Rezoning oil December 15, 2021 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public Ilearing on this Rezoning during their regular meeting on January 12, 2022; and WHEREAS, the Frederick County Board of' Supervisors linds the approval of this Rezoning to be in the best interest of the public health, safety, welfare, and in conformance With the Comprehensive Plan. NONY, THEREFORE, BE IT ORDAINED by the Frederick County Board oi' Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 8.2+/- acres from the B2 (General Business) District to the B3 (In(Iustrial Transition) District. This ordinance shall be in effect on the (late of adoption. Passed this 12"' Clay of .lanuary 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman J. Douglas McCarthy Josh E. Ludwig Blainc P. Dunn Shawn L. Graber Robert W. Wells .11.1(htll MCCann-Slaughter A COPY ATTEST Michael L. Bollhoefer Frederick County Administrator PDRcs.#48-21 U REZONING APPLICATION #05-21 PAULA O. HENRY Staff Report for the Planning Commission Prepared: December 1, 2021 Staff Contact: Candice E. Perkins, AICP, CZA, Assistant Director Reviewed Action Planning Commission: 12/15/21 Pending Board of Supervisors: 01/12/22 Pending PROPOSAL: To rezone 8.2-acres from the B2 (General Business) District without proffers to the B3 (Industrial Transition) District without proffers. LOCATION: The property is located along Fort Collier Road (Route 1322), approximately 400'east of Baker Lane (Route 1300) and 1,400 feet north of Berryville Avenue (Route 7). EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 12/01/21 PLANNING COMMISSION MEETING: This is a proposal to rezone 8.2-acres to the B3 Zoning District without proffers. The subject property • was rezoned from the M I (Industrial General) District to the B2 District in 1987. The site is located within the limits of the Northeast Land Use Plan of the Comprehensive Plan. The Plan identifies this property with a commercial land use designation; the property is also within the linlits of the Sewer and Water Service Arca and the Urban Development Area. The existing/proposed zoning is generally consistent with the goals of the Plan. In appropriate locations, B3 zoning may be consistent with the goals ofthe Plan. Tile intent of the B3 District is to provide for ]lcavy conlnlcrcial activities, involving larger scale marketing Or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. hl some cases, such areas may be transitional, located between business and industrial areas. While some uses permitted within the B2 and B3 Districts clo overlap, it should be noted that many uses are more intensive. The rezoning does not include proffers and would therefore permit any use allowed in the B3 Zoning District. This site is surrounded by a mixture of business, transitional, and resiciential zoning and therefore careful CollS1Clei'ati011 should be made regarding unpacts to Su1TOL111dillg uses and visibility of potential outdoor storage areas. Impacts to County services such as Firc and Rescue have not been addressed with this application. A recommendation regarding this rezoning application to the Board of'Supervisors would be appropriate The Applicant should he prepared to adequately address all concerns raised hV the Planning Commission. 0 3 • Rezoning #05-21 Paula O. Henry December 1, 2021 Page 2 • 0 This report is prepared by the Frederick Cowin jy Planning Staff to provide information to the P!lnnning Commission and the Board of Supervisors to assist them in making a decision on this application. It ni(q also be useful to others interested in this Zoning matter. Unresolved Issues concerning this application are noted hh Staff where relevant throughout this Staff report. Reviewed Action Planning Conuuission: 12/15/21 Pending Board of Supervisors: 01/12/22 Pending PROPOSAL: To rezone 8.2-acres from the B2 (General Business) District without proffers to the B3 (Industrial Transition) District without proffers. LOCATION: The property is located along Fort Collier Road and Stratford Drive and is approximately 400'east of Baker Lane. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54-A-97U PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B3 (Industrial Transition) District B2 (General Business) District South: B2 (General Business) District East: RP (Residential Performance) District B3 (Industrial Transition) District West: B2 (General Business) District Use: Warehousing Commercial Use: Vacant Use: Residential (Huntington Meadows) Use: Warehousing Use: Commercial 4 Rezoning #05-21 Paula O. Henry December 1, 2021 Page 3 REVIEW EVALUATIONS: Viruinia Dept. of Transportation: Upon review Of rezoning (application packet for the Paula Henry Property (application received in our office 8/2/2021), VDOT of fcrs the following comments: The proposed rezoning from B2 to B3 would not result in a significant change to potential traffic generation and would not ]lave a significant impact to the roadway network. Site access shall be designed and conStl•ucted per the Most current revisions of the VDOT Road Design Manual, Road and Bridge Standards, and all other applicable specification and standards. Please see letter from Bradley S. Riggleman, P.E. Arco Land Use Engineer dated September 8, 2021. Frederick NVater: Please see letter -om Eric Lawrence, Executive Director elated August 5, 2021. Frederick County Department of Public Works: We offer no additional comments at this time. A comprehensive review shall occur at time of site plan submission. Please sec agency comments sheet from Joe Fl ilder dated August 12, 2021. . Frederick County Fire Marshall: Plan approved. Please see agency comments sheet from Adam Hounshell, Lieutenant/Assistant Fire Marshal dated August 3, 2021. Frederick County Attorney: No continent Please see email from Roderick B. 1pillicmis, Colnity Attorney dated October 10, 2021. City of Winchester: No comments. PlanniIliz & Zoninf,,: 1) Site Histor Tile original Frederick County Zoning Map (U.S.G.S. Winchester Quadrangle) identifies these properties as being zoned M2 (Industrial General) District. The Board of Supervisors approved Rezoning #29-87 on September 9, 1987, which rezoned the property to the B2 (General Business) District. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. Tile Comprehensive Plall is all Official 1)Llbhc (IOCLIIIICllt that SCI-VCS as the COI11111LIIlity'S guide for Making clecisions regarding development, preservation, public facilities and other • key components of Community life. The primary goal of this plan is to protect and improve k, Rezoning #05-21 Paula O. Henry December I, 2021 Page 4 the living environment within Frederick County. It is in essence a composition of policies used to guide the future development of Frederick County. The Area Plans, Appendix I of the Comprehensive Plan, are the primary implementation tool and will be instrumental to the IL1tUPe planning efforts of the County. Comprehensive Plan -Land Use Compatibility The Northeast Frederick Land Use Plan of the Comprehensive Plan provides guidance on the future development of the property. The Plan identifies this property with a business land use designation; the property is also within the limits of the Sewer and Water Service Area. The existing B2 zoning is generally consistent with the goals of the Comprehensive Plan. In appropriate locations, B3 zoning may be consistent with the goals of the Plan. The intent of the B3 District is to provide for heavy commercial activities, involving larger scale marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, SUCIl areas may be transitional, located between business and industrial areas. While some uses permitted within the B2 and B3 Districts do overlap, it should be noted that many uses are more intensive. • 3. Access The site is proposed to be accessed via a full entrance on Fort Collier Road and would align with Stratford Drive (Route 1350). This access location is not proffered and therefore alternative or additional access may be developed if approved by VDOT. 4. Potential Impacts This site is surrounded by a mixture of business, transitional, and residential zoning. Tile rezoning does not include proffers and would therel'orc permit any use allowed in the B3 Zoning District. Staff would suggest that the following aspects of tlic proposal be carefully considered: ■ Land use compatibility between this site and adjoining properties ■ Visibility and screening of outdoor storage that may develop ■ Interparcel connection xvith PIN 54-A-97F and 54-A-42 ■ Impacts on County services such as Fire and Rescue 5. Proffers: There are no proffers associated or proposed with this rezoning application. A recommendation regarding this rezoning application to the Board of Supervisors would be appropriate The Applicant should be prepared to adequ(ite/), address all concerns raised by . the Planning, Commission. 0 REZ # 05 - 21: Paula O. Henry PIN: 54 - A - 97U Rezoning from B2 to B3 Zoning Map iIAKERIN EM man E REI 1�05-21 F�J[ED Q Application Parcels Sewer and Water Service Area B2 (General Business District) B3 (Industrial Transition District) Mt (Light Industrial District) • RP (Residential Performance District) 1Q1 fORT COLUERRD s F, STFWFORD'DR f Ff4 eP op h W � � �R Wlncheistor 4g� ` "A"IEogr41, C/ aE111M1• 7 E •VE s —~' _ {N, W ?M'r E 1 Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 7 420 Feet Map Created: November 10, 2021 Q Application Parcels Sewer and Water Service Area 10, N we S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 420 feet Map Created: November 10, 2021 REZ # 05 - 21: Paula O. Henry PIN: 54 - A - 97U Rezoning from B2 to B3 Long Range Land Use Map 126 ULDRIG DR 126 (DING OR �' 12 � �� RAKERdN Ili ILDMG DR ns RAKER•LN DR 762 6AKER•lN 7S0 RAKER•LN 7u RAKER•lN � ne RAKER• W Q Application Parcels Sewer and Water Service Area Long Range Land Use Residential Business • • industrial b07111 FOR7 t:CLUER RD �E r �1 fORT COUIER RD 535 FORT COLLIER RD fI A 97U , i'J d� 44 ej.` 3 s Winchester 4 u lERRY'' EVE t" e N j�/ll����j} W TM{ E S Frederick County Planning & Development 107 N Kent St Winchester, VA 22601 540 - 665 - 5651 9 420 Feet Map Created: November 10, 2021 O T- fitly z0? 1 Henry RezaTing C II IMPACT ANAL YSIS 0 0 V- T- July 2021 Henry Rezoning INTRODUCTION The 82-acre Henry Property fronting Fort Collier Road, identified as tax map parcel 54-A- 97-U, is ideally located for Industrial Transition District land uses. The Property is located in the Henry Business Parlc and is currently zoned B2 General Business District. The property was zoned MI until the RZ #029-87 application for B2 and B3 land use was approved by the Frederick County Board of Supervisors on Septeynber 9, 1987. This application, in The Henry Business Park, is also located adjacent the City of Winchester — Frederick County boundary just north of Route 7 Berryville Pile. This application seeks to rezone the Property from B2 General Business District to B3 Industrial Transition District. The site is located wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). Rezoning the subject acreage to B3 will be consistent vvith the intended transitional commercial zoning envisioned for the subject property in the comprehensive plan and previously approved rezoning from the • original MI use in RZ #029-87. The location of the property is also better suited for the B3 commercial land use than the B2 land uses which typically generate higher traffic volumes. The proposed B3 zoning would also be compatible and consistent with the B3 zoning across and along Fort Collier Road. B3 zoning for industrial transition uses would allow the site to develop as a commercial transitional area from the retail commercial land uses to the south within the City of Winchester limits and the M1 Industrial land uses in the JP Darlington Industrial Land subdivision to the north. The applicant is confident that the proposed rezoning is consistent with the land use policies of the Comprehensive Policy Plan, and development under the B3 zoning district will not result in negative net impacts from the by -right current B2 zoning. COMPREHENSIVE PLAN The subject property is identified on the Eastern Frederick County Long Range Land Use Plan (EFCLRLUP) and the Northeast Frederick Land Use Plan (N13LUP) and is wholly within the Sewer and Water Service Area (SWSA) and Urban Development Area (UDA). N AN 2021 Hein), Rezoning • These documents are intended to serve as a guide for the intended future land uses within tic SWSA and UDA as properties within those growth boundaries develop. Both plans identify the subject property as business and the adjacent property to the north as industrial. This land use designation is a direct reflection of the Property's current zoning designation. Consequently, the proposed rezoning of the subject property to B3 is in conformance with the Comprehensive Plan, as the property would develop as an extension of the existing and future commercial and industrial land uses intended by the plan. LAND USE The subject property seeks to rezone from the B2 district to the Transitional B3 district. The western side of the subject property borders the rear of existing business land uses that arc compatible with the proposed B3 zoning. The proposed land use will also be compatible vrith the existing B3 zoned land uses across Fort Collicr Road to the north. 'Traditional retail land uses arc found to the south across the city -county boundary line in the City of Winchester. Tlus existing retail land use has direct access to Route 7 Berryville Pike and typically generates higher traffic volumes than the proposed B3 zoning. ACCESS AND TRANSPORTATION The Property has approximately 800' of frontage on Fort Collier Road which provides quick access and connectivity to Route 7 and Interstate 81. Site access optimally lines up across from the existing Stratford Drive intersection with Fort Collier Road. A secondary means of egress exists on Fort Collier Road and would need to conform to the current VDOT access management design regulations if utilized. The site is currently zoned B2 and the rezoning to B3 will likely result in equal or decreased total trip generation for future land uses. Actual trips and entrance design will be calculated and accommodated with any future Site Plan applications for the subject property. SITE SUITABILITY The site conditions relate very positively to the proposed development activities. The proposed rezoning would not result in impact on areas of steep slopes, stream channels, • lakes, ponds, flood plain, or ,,vedands. The site generally slopes from 2-7% toward the north M July 2021 Hemp R� • and will drain into the existing storm sewer conveyance systems established with the design and construction of Tort Collier Road and other adjacent drainage facilities. During the engineering phase of the project, a stormwater management plan will be created to adequately and effectively retain stormwater in a manner that will avoid negative impacts on adjacent properties. SEWAGE CONVEYANCE AND WATER SUPPLY Sewage flows generated by the site will discharge into the existing Frederick Water sanitary sewer facilities present on -site. A terminal sanitary manhole has been extended onto the property with prior construction projects. Likewise, existing Frederick Water potable water service has previously been extended onto the subject property. Use and access and extensions of these facilities will be coordinated with Frederick Water at the time of a future Site Plan application. It is not anticipated that rezoning the property to B3 will result in any increase in demand for water and sewer services already allowed under the current B2 zoning. • HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Swvey does not identify any structures of historic importance on the subject site. It is also observed that the urban and industrial development along Fort Collier Road has resulted in the loss of any historical integrity. As such, the inflll development of the subject property will not impact historical sites and structures. IMPACT ON COMMUNITY FACILITIES The development of the allowed uses under the proposed B3 zoning will result in a net positive fiscal impact for Frederick County. 0 / Prop :y Map - Frederick Cou, y, VA 2r f 7s 1sb �s • 1: 1.. 74 1 3i� M1 3 73 12 75A /64 72 1 , 27 • \t -) 3 �b �71 2 { �•66 .0 g1 t81 l` 20 41 6*Ov�</ 67 75A 2968 48S �5 9 4 483 i qV�'1 99 30 7M 42 C5 � •57 12 1 1 • 2 31 • 55 S6 • 97Ka 5 1 32 SAgVIL-afNGI0)% 1 33 97• 24 B3 ". e'10 8 Ih�t /P 61 484 1 'f/+ 36 114 34 050 ?60 • - --- W 3 971 535 -1 . 048 3 Subject - s35 / �49 a• Property S S S 102 .SO % 9 iH #1 a S J r►i�0 284A 9iG 284A L2L 7A .04- S ——STRA-TFC)RD DR 970704 6 1 53A y;f RP 2 • `6 3 01 �7 1 3 5 40 106 silo 105 102 �jNGT 33 10 106 1 ' 32 1S1 10 31 1 • 12 110 150 1 0 • 136 30 36 37 13 • • 0 122 40 1 45 S K�~K'Eg.� � 110 • • 62r70 'VJ •p 108 3 22 23 24 724 21 44 734 2• 12 8 11'3 1, 43 7.30 \ 26A 27 2• 2 30 •42 n 41 Jw 9 2 &AJ & D/fy�(.tae Q 7.2 2 • 8 12 • '3 7 16 7 11 1 18. 15 10 7101914 derick County Information Technologies 107 N Kent St Winchester, VA 22601 •�' 540 665-5614 Aq Fede•rdc CourMy does not give any expressed or lrrprr ksdween6s. 0 155 310 620 Feet cvdiwns. repesnea•ons, hdermfes olary kird, sfstusiry or o/renese, concerning any or el of fne Fredrick County G /S data 1:3, 600 LO It— • • C] V�D T I Virginia Department of Transportation DATE: September 8, 2021 TO: David Frank, PLA, Pennoni FROM: Bradley S. Riggleman, P.E., Area Land Use Engineer RE: Paula Henry Property, Rezoning — VDOT Comments Mr. Frank, EDINBURG RESIDENCY LAND USE MEMORANDUM Upon review of rezoning application packet for the Paula Henry Property (application received in our office 8/2/2021), VDOT offers the following comments: 1. The proposed rezoning from B2 to B3 would not result in a significant change to potential traffic generation, and would not have a significant impact to the roadway network. 2. Site access shall be designed and constructed per the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards, and all other applicable specifications and standards. Thank you for the opportunity to comment on this Rezoning request. Please feel free to contact me at 540-534-3223 if you have any questions or concerns. Sincerely, y Bradley S. Riggleman, P.E. Area Land Use Engineer— Edinburg Residency Cc: Mark R. Cheran, Frederick County Zoning and Subdivision Administrator John A. Bishop, AICP, Frederick Planning and Zoning Assistant Director, Transportation M. Tyler Klein, AICP, Frederick County Senior Planner File cn r FREDERICK 'WATER 315 Tasker Road PH (540) 868-1061 Eric R. Lawrence Stephens City, Virginia 22655 Fax (540) 868-1429 Executive Director www.FrederickWater.com August S, 2021 David Frank Pennoni 117 East Piccadilly Street Winchester, Virginia 22601 RE: Rezoning Application Comment Paula Henry Property Tax Map Numbers: 54-A-97U 8.2 acres • Dear Mr. Frank: Thank you for the opportunity to offer review comments on the Paula Henry Property commercial rezoning application package, dated July 2021, and received at Frederick Water on July 27, 2021. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. The project parcel is located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water's water and sewer services are available. The application's Impact Statement is silent on the projected quantities of water and sewer generation from the proposed land use but suggest demands will be similar to potential demands under the existing land use permitted by the underlying zoning. It is noted that neither the potential square footage nor the water and sewer demand projections are included in a proffer statement, so actual water and sewer demands could vary significantly based upon ultimate land use. Water service is available via existing 8- and 10-inch water mains located on the property. Adequate drinking water supply presently exists. A Frederick Water sanitary sewer manhole exists on the site. This manhole ultimately enables sanitary sewer flows to be conveyed via gravity sewer to the Opequon Water Reclamation Facility (OWRF). The gravity sewer flows through a series of pipes ranging from 8-inch to • ultimately a 36-inch gravity sewer main. Treatment capacity does presently exist at the OWRF. Water At Your Service Page 2 Paula Henry Property comme. _,al rezoning application David Frank August 5, 2021 Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of the actual use proposed and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerel,e Eric R. Lawrence • Executive Director E A 00 • .7 0 Rezoning Comments Frederick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, Virginia 22601 (540) 665-5643 Hand deliver to: Frederick County Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of , Public Works with their review. Attach a copy of your application form, location map, proffer state,rrierif, im.pact;inalysis� and any other portinentinfor OAtioA; Applicant's Name: Pennon! Associates Inc. Telephone: 540-771-2087 Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 _. Zoning requested: B3 _ Acreage:.8.2 Department of Public Works Comments: Ac tk-e -, 5 i-e-- re yr -e' . 2-, R / (Pc G 5i)1,, . Sv6w,fSSrH, Public Works Signature & Date: Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 rn T • Rezoning Comments n L_I Frederick County Fire Marshal Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer; statement, impact analysis, and any other pertinent information. Applicant's Name: Pennoni Associates, Inc. Mailing Address: 117 E. Piccadilly Street, Suite 200 'Winch , VA 22601 Telephone: 540-771-2087 Location of property: At the intersection of Stratford Or and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 _ Zoning requested: B3 or M1 Acreage: 8_2 Fire Marshal's Comments: Fire Marshal's Signature & Date: __•__ . O r3 Zl __ 11 Notice to Fire Marshal - Please Return This Form to the Applicant LAJ1 6 'Ar•,r e , " m _.� 23 rI E MARSHAL FREDE81 � COUNTY PLANS APPROVED FIRE MARSHAI 9 FREDERICK COUNTY • 0 rederick County Fire and R(:�..cue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone:540-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Business Name Paula O. Henry Property Account8052376 Fort Collier Rd Winchester, Virginia 22602 Engineering Firm : Pennoni Associates, Inc. Received Date: 07/28/2021 Review Begin Date: 08/03/2021 Review End Date: 08/03/2021 Hours: 1.5000 Occupancy Type: Property Use: Activity Number: Review Cause: Project Name Request for RezonIng *"ift Adam Hounshell Lieutenant/Assistant Fire Marshal Status: Approved Printed Date: 08/03/2021 1071036 New Construction Page 1 of 1 O N • Rezoning Comments 1] Frederick County Attorney Mail to:. Frederick County Attorney Co. Administration Bldg., 3`d Floor 107 North Kent Street Winchester, Virginia 22601 (540) 665-6383 Hand deliver to:, Frederick County Attorney Co. Administration Bldg., 3'd Floor 107 North Kent Street Winchester, Virginia Applicant: Please fill out the inforniation as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pennoni Associates, Inc. Telephone: 540-771-2087 Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, approx. 1 700 LF north of Route 7 Berryville Pike Current zoning: B2 Zoning requested: B3 Acreage: 8•2 County Attorney's Comments: See Attached Assistant County Attorney's Signature & Date: Notice to County Attorney - Please Return This Form to the Applicant 20 21 N N • Candice Perkins From: Rod Williams Sent: Monday, November 8, 2021 1:39 PM To: Candice Perkins Subject: FW: '[External]'Re: Paula Henry property rezoning, Tax Parcel 54-A-97U After review, no comment from me on the Henry rezoning. I= From: David Frank <DFrank@Pennoni.com> Sent: Sunday, October 10, 20217:46 PM To: Rod Williams <rwillia@fcva.us> Cc: Candice Perkins <cperkins@fcva.us>; John Bishop <jbishop@fcva.us> Subject: '[External]'Re: Paula Henry property rezoning, Tax Parcel 54-A-97U Thank you, Rod. I appreciate greatly your after hours attention and work. Have a great week. Get Outlook for iOS David Frank, PLA • Office Director Pennoni 117 East Piccadilly Street I Winchester, VA 22601 Direct: +1 (540) 771-2087 www.pennoni.com I DFrank@Pennoni.com From: Rod Williams <rwillia@fcva.us> Sent: Sunday, October 10, 2021 6:10:45 PM To: David Frank <DFrank@Pennoni.com> Cc: Candice Perkins <ccperkins fcva.us>; John Bishop <ibishop fcva.us> Subject: Paula Henry property rezoning, Tax Parcel 54-A-97U David, I have now reviewed the materials that you forwarded for this proposed rezoning. As discussed, the item does not propose any proffers, so I have no comments to make regarding legal sufficiency of proffers. The materials in support of the proposed rezoning appear to be legally sufficient. I have not reviewed the substance of the proposed rezoning relative to applicable planning considerations, as it is my understanding that review will be done by staff and the Planning Commission. 0 • Roderick B. Williams County Attorney Frederick County, Virginia C7 • Rezoning Comments City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pennon! Associates, Inc. Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of property: At the Intersection of Stratford Dr and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 Telephone: 540-771.2087 Zoning requested: Bs Acreage: 8.2 City of Winchester's Comments: AO City of Winchester's Signature & Date: ld 5 aUZ Notice to City of Winchester 1 ase Return This Form to the Applicant 30 23 f� 0 • ?o,b�•Foittpleleil hip Planniiij�Sl�fr' `��F �moutit'-P�fd � $'.:.. . I: •�• ., ., Zoz�(ag Arrienct?iitl�TuiiiGer• �'S'�"` ,i.'- :Afi'tiGipfci'i'C"klearitlg> ,e. ` ii I)at�iyntIpfed()S.'#Igj 7Eig i?atp%` REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Paula O Henry Specific Contact Person if Other than Above: Address: PO Box 3282, Bald Head Island, NC 284618 Telephone: 910-540-6777 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Pennoni Associates, Inc. Specific Contact Person at Firm: David Frank Address: 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 Telephone: 540-771-2087 Email: dfrank@pennoni.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Page 12 Iq CV LO N • 4. Project Name (if any): Fort Collier Business Park S. Property Information: a. Property Identification Number(s): 54-A-97U b. Total acreage of the parce](s): 8.2 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 8.2 d. Current zoning designation(s) and acreage(s) in each designation: M e. Proposed zoning designation(s) and acreage(s) in each designation: B-3 f. Magisterial District(s): Stonewall . g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): At the intersection of Stratford Drive and Fort Collier Road, approx. 1700 LF, north of route 7 Berryville Pike. h. Adjoining Properties: Parcel ID Number See Attached List Use Zoning Please attach additional pagc(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Oilicc of the Con1I11issioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 9 • 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Ms. Paula Henry 0 Please attach additional page(s) if necessary. 0 7. Checklist. Please check that the following items have been included with this application: 0 Location Map FV Plat Depicting Metes/Bounds of Proposed Zoning �✓ Impact Analysis Statement Proffer Statement (if any) 0✓ Agency Comments Fee Copies of Deed(s) to Property(ies) 0 Tax Payment Verification 0✓ Digital copies (pdCs) of all submitted items Page 14 ti N • 7. Signature(s): • I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if an, Date Atliq �Z1 If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, please use additional copies of this page. Page 15 00 CV • 0 C ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 21rd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 8 42 Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 8 41 Namc James Michael & Amy Wilson 236 Delmas Trail Winchester, VA 22602 Property # 54 A 97M Name Landon W Furlong 971 Old Factory Road Strasburg, VA 22657 Property # 54 A 97K Name Jeffrey G & Rosanna M Jenkins 1631 Redbud Road Winchester, VA 22603 Property # 54 A 97J Name Rease Enterprises, LLC 750 Baker Lane Winchester, VA 22603 Property # 54 A 971 Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 A 97F Huntington Meadows Homeowner Assoc. Namc . r1r) Don Butler 19 W. Boscawen Street Winchester, VA 22601 Property # 54L 11 53A Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 S 97L 16 rn N Name and Property Ideirtification Number Address • Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 A 97S Name Richard L Kent 484 Fort Collier Road Winchester, VA 22603 Property 11 54824 Name Property it Name Property # Name Property # Name Property # Name Property # Name Property it Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # • 17 CD M �1 • AD1OINTING PROPERTIES Parcel ID Number Use Zoning 1 54-8-42 Vacant -Commercial B2 2 54-8-41 Vacant -Commercial B2 3 54-A-97M Commercial B2 4 54-A-97K Industrial B2 5 54-A-971 Vacant -Commercial B2 6 54-A-971 Commercial B2 7 54-A-97F Vacant -Commercial B2 8 54L 11 53A Vacant -Exempt RA 9 54-A-97L Commercial B3 10 54-A-975 Commercial B3 11 54-8-24 lCommercial B2 T- M 4�G� C0G� Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Paula O Henry Name of Property Owner/Applicant please note: If Iho property ownednpplicani is an entity, the namo of tho entity should appear above. If muhiple person own ilia property or are applicuns, an executol powor of aIlomey liom cacti ow ier will be needed. PO Box 3282, Bald Head Island, N.C. 28461 910-540-6777 Mailutg Address of Property Owner/Applicant Telephone Nwntx:r as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 54-A-97 U do hereby make, constitute, and appoint: Pennoni Associates, Inc. Name of Attorney -In -Fact 117 E. Piccadilly Street 540-771-2087 Mailing Address of Attorney -In -Pact Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the followin ,for the above identified property: ✓ Rezoning Subdivision Conditional Use Permit ✓ Site Plan ✓ Master Development Plan (prelim. or final) Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to o er proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appc otherwise Signature Title (ifsij State of ' 1, the person it shall expire one year d or modify it. on behalf of an enti 13) signed me in the the day that it is signed, or at such sooner time as I County/City of Is —ell �jW I dCL To wit: 07 r-UDLII. U 1Zk1CK cov tary Public in and for the jurisdiction aforesaid, certify that t personally appeared before me and has acknowledged the s _ day of -�, 20 ?— 1 My Commission Expires: o I Z Registration Number: i N M • • E 210003247 This Declaration of Subdivision, Deed of Dedication, and Deed of Easement ("Declaration") is made and dated as of December A, 2020, by and among KINIERLY G. HENRY, divorced, and PAULA O. HENRY, divorced, parties of the first part and hereinafter called the "Declarants" (Grantors for indexing purposes), and FREDERICK COUNTY, VIRGINIA, party of,the second part and hereinafter called "Frederick County" (Grantee for indexing purposes), and THE I+REDERICK COUNTY SANITATION AUTHORITY doing business as FREDERICK WATER, party of the third part and hereinafter called "Frederick Water" (Grantee for indexing purposes). RECITAY S WHEREAS, Declarants are the owners in fee simple of the real property "Property") shown on the plat attached to this Declaration and incorporated herein by this reference (the "Plat"), and being the remaining portion of the same real property conveyed to Declarants from J.P. Darlington and Ruby S. Darlington by deed dated January 28, 1988, and of record in the land records of the Clerk's Office of the Circuit Court of Frederick County, Virginia ("Clerk's Office"), in Deed Book 671, Page 710. WHEREAS, Declarants desire to subdivide the Property, dedicate portions of the Property to Frederick County, Virginia, and grant casements to Frederick Water over portions of the Property upon the terms set forth herein and as shown on the Plat . WHEREAS, the subdivision of the Property by this Declaration is with the free consent and in accordance with the desires of the Declarants, and Declarants desire to subdivide the Property in accordance with the provisions of the local and state laws as are applicable, in force, and in effect as of the date of execution of this Declaration. Page 1 of 8 ._.p c� C) ry • 0 Pi M M —v DECLARATION C, That for and in consideration of the Property and the benefits which will accrue by reason of this Declaration, Declarants do hereby incorporate the above recitals into this Declaration as material terms and take the following actions. 1. Subdivision. Declarants hereby subdivide the Property and create two parcels of land containing 8.204 acres (Tax Map Number 54-A-97U) and containing 7.966 acres (Tax Map Number•54-A-97F) as set forth on the Plat. The platting and subdivision of the Property is made with the consent and approval of Declarants and appropriate authorities of Frederick County, Virginia, as evidenced by the signatures set forth on the Plat. 2. Dedieation of Street. Declarants hereby dedicate and convey unto Frederick County, in fee simple and as an improvement to the public street, that portion of the Property five feet in width as set forth and identified on the Plat as "5.00' Strip Hereby Dedicate to Frederick County for R.O.W.," contiguous with Fort Collier Road, Virginia Route 1322, and containing 0.125 acres, more or less. 3. Slope and Drainage Easements. Declarants hereby grant and convey unto I Frederick County_ 3.1. A nonexclusive, appurtenant, perpetual easement five feet in width as set forth and identified on the Plat as "5.00' Strip Hereby Added to the Ex. 20' Slope and Drainage Easement," along the eastern property line of the 8.204 acres parcel, and contiguous with the existing Slope and Drainage Easement established by that instrument of record in the land records of the Clerk's Office in Deed Book 754, Page 592, for the purpose of Page 2 of 8 co • • 0 -o C) --_t CD II constructing, maintaining, and repairing the slope and drainage needed for the adjacent road; I and 3.2. A nonexclusive, appurtenant, perpetual easement fifteen feet in width as set forth and identified on the Plat as "Hatched Area Denotes a 15' Wide Drainage and I Grading Easement Hereby Dedicated," and located at the southeast corner boundary of the 8.204 acres parcel for the purpose of constructing, maintaining, and repairing the slope and drainage needed for the property. 4. Frederick Water Easements. Declarants hereby grant and convey unto Frederick Water, and its successors and assigns, the. nonexclusive, appurtenant, perpetual easements set forth and identified on the Plat as "'Hatched Area Denotes Addition to Ex. Frederick Water Easement to Create A 20' Wide Easement Over the Existing Sewer Lure and Manhole," and "Cross 4-latched Area Denotes Proposed Frederick Water Easement Over the Existing Water Line" (the "Frederick Water Easements") for the purpose of installing, constructing, -operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), subject to the following conditions: 4.1. All Facilities which are installed in the Frederick Water Easements shall be and remain die property of Frederick Water, and its successors and assigns. 4.2. Frederick Water and its agents shall have full and free use of the Frederick Water Easements for the purposes named, and shall have all rights and privileges Page 3 of A LO CO) 1r u 0 reasonably necessary to the exercise of the Frederick Water Easements, including the right 01 access to and from the Frederick Water Easements, and the right to use adjoining land when necessary; provided, however, that thus right to use adjoining land shall be exercised only during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed to allow Frederick Water to erect any building or structure of a permanent nature on such adjoining land. 4.3. Frederick Water shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Frederick Water Easements, including those existing at the time of execution of this Declaration, deemed by it to interfere with the proper and efficient construction, operation, and maintenance of the Facilities; provided, however, that Frederick Water, at its own expense, shall restore, as nearly as possible, to their original condition all land or improvements included within or adjoining the Frederick Water Easements which are disturbed in any manner by the construction, operation, and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Frederick Water Easements, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, or other obstructions located within the Frederick water Easements. Page 4 of R 9 �J 0 4.4. c, Cl rn Declarants and their successors and assigned ("Owner") reserve t e right to construct and maintain roadways over the Frederick Water Easements and to make any use of the Frederick Water Easements which may not be inconsistent with the easement rights herein conveyed, or interfere with the use of the Frederick Water Easements by Frederick Water for the purposes listed above; provided, however, that Owner shall not erect any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Frederick Water Easements without obtaining the prior written approval of Frederick Water. In the event a use of the Frederick Water Easements by Owner is approved by Frederick Water, but requires the relocation of any of the Facilities or the adjustment of the depth of any of the Facilities, all costs required to accomplish such relocation or adjustment shall be paid by Owner. Owner agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Frederick Water Easements; provided, however, that such flowers, shrubbery, and vegetable plants are planted at Owner's risk and Frederick Witter shall have no obligation to replant such flowers, shrubbery, and vegetable plants nor to compensate Owner for such vegetation in the event such vegetation is damaged or destroyed during the exercise of Frederick Water's rights under these Frederick Water Easements. 4.5. ' At such time as any portion of the land within the Frederick Water Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof for maintenance into the state highway system, all easement rights acquired by Frederick Water by this Declaration in such portion of land shall cease and terminate, provided that the Page 5 of S • �J 01 M Co Commonwealth of Virginia or any appropriate agency thereof concurrently grants tc Frederick Water all necessary permits for the continued operation, maintenance, inspection, repair, and replacement of its facilities in said location. 4.6. The Owner covenants that it is seised of and has the right to convey said Frederick Water Easements, rights, and privileges, that Frederick Water shall have quiet and peaceable possession, use, and enjoyment of the Frederick Water Easements, rights, and privileges, and that Owner shall execute such further assurances thereof as may be required. 4.7. In the event Frederick Water notifies Owner of a violation of the terms I of this Frederick Water Easements and Owner does not cure such violation within thirty (30) days of such notice,. Fred crick Water may take such action as necessary to cure such violation, including ingress and egress over any portion of Owner's property deemed necessary by Frederick Water to access the Frederick Water Easements or to enforce Frederick Water's rights hereunder. 'All costs and expenses incurred by Frederick Water in exercising or enforcing its rights hereunder shall be paid or, at Frederick Water's election, reimbursed by Owner within thirty (30) days Yrom the date Owner receives a bill or invoice from Frederick Water for such costs and expenses. If such costs and expenses arc not paid within the thirty (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per year. Frederick Water shall have the right to enforce the terms of this Frederick Water Easements by any remedy available at law or in equity. 4.8. If Frederick Water is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of rice Frederick Water Easements, Page 6 of R 00 M • 1 -71D c> J I then Frederick Water shall be awarded its costs and expenses, including reasonable attorney 1 co rn II fees. 4.9. Declarants agree that the agreements and covenants stated in this Declaration are not covenants personal to Declarants but are covenants running with the land which are and shall be binding upon Declarants, their heirs, personal representatives, 11 successors, and assigns. 5. Frederick County, Virginia, and The Frederick County Sanitation Authority by the signature of each of its authorized agents on the.Plat do accept the dedication to public domain and easements respectively herein described as such. WITNESS the following signatures and seals. --� SEAL) �k�c�rl}�C.-IIu STATE of.F�D CITY/ OC LJNTY of _ TO -WIT: n The foregoing instrument was acknowledged before me this day of (akAA01(q, 20X, by Kimerly G. Henry. V u oZl My commission expires Registration No. G G ((off 1+2'b \N� 1-YNN SyF,o � 20� *� •� *�Rotary Pu lic AEG 167/20 �o •mo�oepnaeatn0.`o.. ate` ,.. �•':7Hola SeC•. ��� Page 7 of8 rn M (SEAL) Paula 0. Henry, by John Willi gham, her attorney in fact under Power of Attorney, dated February 16, 2021 rladotick County, VA/Mcuit Cowl COMMONWEALTH OF VIRGINIA, CITY OF WINCHESTER, TO -WIT: The foregoing instrument was acknowledged before me this -23vd day of 2021, by John Willingham, attorney in fact for Paula 0. Henry , under Power of ,dated February 16, 2021: My commission expires Registration No. This Document Prepared by: Benjamin M. Butler, Esq. 112 S. Cameron St Winchester, VA 22601 Va. State Bar 403157 0 �►Ilil_G N �'�, Sfephan(e Jo Wobstor r Commomvcnhh of Virglnla �i �: �} Commiss on No.b716212rJ `"�""" Afy Canunlssbn Fxplrro 7/31Q022 Page s ors O d' 0 • A MINOR SUBDIVISION ON THE LANDS OF THE KIMERL Y G. HENRY AND PAULA O. HENRY STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 20, 2020 SURVEYORS CERTIFICATE I HEREBY CERTIFY THE PARCEL CONTAINED IN THIS MINOR SUBDIVISION IS THE LAND CONVEYED TO KIMERL Y G. HENRYAND PAULA 0. HENRY FROM 1. A DA RLING TON A NO RUB YS. DARLINGTON BYDEED DATEDJANUARY26, 19880E RECORD IN DEED BOOK 671 ON PAGE 710, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE. GAR R. OATES, LAND SURVEYOR AREA TABULATION PARCEL ZONED USE EX. AREA ADJ. AREA 54-(A)-97F B-2 VACANT 16.195 AC. 7.966 AC. 54-(A)-97U B-2 VACANT N/A 8.204 AC. R.O.W. DEDICA770N B-2 VACANT N/A 0.125AC, TOTAL 16.295 AC. 16.295 AC. NOTES 1. A FIELD SURVEY WAS PERFORMED BYGREYWOLFE, INC. IN OCTOBER OF1020. 2. BASIS OF MERIDIAN IS GRID NORTH OF THE VIRGINIA STATE PLANE COORDINATE SYSTEM. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THERE WAS NO REA DIL Y A PPAREN T EVIDENCE OF A CEMETERY WITHIN CLOSE PROX114ITY TO THE BOUNDARY LINES. 5. THIS PARCEL IS LOCATED ON FLOOD INSURANCE RATE MAPS No. 51069CO209 IN FL00D ZONE X' AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2, 2009. APPROVAL Z%L� 3o T�1oy 7? 2� FREDERICK WATER DATE �p IJ�0,-,,, VIRGIN A D PA ME TRANSPORT N DATE FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DA 71E G Y S v 1518-B �� GreyWolfe, Inc. 1073 Redbud Road Winchester, VA22603 70 1e Za Land Surveying and Consulting w GreyWolfelncpaol.com � Q qN0 S40-667-2001 OFC S U Rv �y0 540-545-4001 FAX DRAWN 8Y. GRO FILE NO: 0664 1 SHEET 1 OF 8 OWNERS CERTIFICATE THIS 1,11NOR SUBDIVISIONSURVEYOF THE LAND OFKIPIERLYG. HENRYAND PAULA 0. HENRYAS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OFAND INACCOROANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, . PROPRIETORS, AND TRUSTEES, If ANY. ) — _SI_r1 A7URE - KLMERLYG. " RY COMA) Nwat 0 VIRGI A C� CDUh7Y 0 TO WIT.' 771E FOREGOILIG OWIIER S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME 17115 ,%YN1-Cxr L _ `c�C� PRINTED - MER _� I1ARMED h'OTARYPUBU 21CwU RM' NUMBER BER7SMC0AMI�SOLO�Q AR 01 i� C, ¢ = SEAL • �Q,Gc�,," �tL ' V —� 5Il ATURE - PAULA 0. HENRY by..61%i Willi+ nam COMMONREALTHOFVIRGINIA hi- elom ��- CITY ,11,Pf OF�,tW IYl (b�S�S'1� , TO IV1T.' THE FOREGOING OWNERS cERTIF wE WASACKNOWIEDGED BEFORE, T77I5 �� DAY OFS�(Ciii�._y.ZI BY.' �d �,tvn PRINTED OWNER pRI r 5lephanle Jo Webster b17UNomry lh PublR(� REGISM7TONNUMBER Cam nVirpinln aI � Nolory lic ti commission NO.7162129 MYCO4VII551ON&TIRES V 1 11yCommRolonEKptes7T'1ne22 SEAL FINAL PLAT FOR A MINOR SUBDIVISION gyp. rH OF (� j ON THE LAND OF o` �cr2 KIMERL. Y G. HENRY AND PAULA O. HENRY G Y R UA I E �' STONEY✓ALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 0. 1518-B 1073 Redbud Road 10-2.0 z- i*i GreyWolfe, Inc. Winchester, VA22603 GreyWolfelnc@vo%conT SURvw Land Surveying and Consulting 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 I SCALE: n/a SHEET 2 OF 8 C. N tf • • 200' 0' 200' GRAPHIC SCALE r ti C-6 ' /,Os �0 �6� O / `C-9 6F `536"3326'W 54.00' po oti�,o9 ;p 54-(A)-97U ` KIMERLY G. HENRY, ET UX ? 1 DB 671, PG 710 ZONED: B-2 8.204 ACRES I ' s 54-(A)-97F KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 ti 966 ACRES S� 19- SD7 5.00' STRIP HEREBY DEDICATE TO j FREDERICK COUNTY I " FOR R.O. W. i # 54-(A)-97U ` KIMERLY G. HENRY, ET UX ? 1 DB 671, PG 710 ZONED: B-2 8.204 ACRES I ' s 54-(A)-97F KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 ti 966 ACRES S� 19- SD7 5.00' STRIP HEREBY DEDICATE TO j FREDERICK COUNTY I " FOR R.O. W. i # RADIUS ARC DELTA BEARING CHORD C-1 665.00' 673.67 58001'35' S 00008'15' W 645.23' C-1 665.00' 47.53' 4005'44' 531'112S"W 47.53' C-3 25.00' 38.76' 88"4953" 58200831"W 34.99' C-4 25.00' 39.78' 91 °0951' S 07°5146" E 35.71' C-5 425.00' 76.68' 10070'14" N 4104333'E 76.57' C-6 25.00' 45.38' 104000'11' N 05°06'25" W 39.40' C-7 665.00' 105.10' 9°0320" S5400738"E 104.99' C-8 25.00' 37.33' 8503348' 587°3707'W 33.96' C-9 300.00' 14.25' 2°4317" 546°11'51'W 14.25' C-10 375.00' 72.00' 11 °00'04" S 42°03'18' W 71.89' FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENRY AND PAULA O. HENRY STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inc. Winchester, VA22603 j Land Surveying and Consulting GreyWoltelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 SCALE: 1 " = 200' SHEET 3 OF 8 M • • 54-(8)-24 O RICHARD L. KENT TRANSFORMER 100006304 ZONED: B-2 'moo F s/p"IRF 54-(A)-97U KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 8.204 ACRES 60' 0' 60' GRAPHIC SCALE of�F_ SEE CURVE TABLE ON SHEET 3 - FILE NO: 0664 o \ \GAS MARKER 5, 00' STRIP HEREBY 1 1 ADDED TO THE EX. 20' i SLOPE AND DRAINAGE EASEMENT EX. 20'SLOPEAND DRAINAGE EASEMENT DB 754, PG 592 I I I I - I 5.00' STRIP HEREBY DEDICATE TO FREDERICK COUNTY FOR R.O. W. ,, I m- I� 1 • JSTRATFORD DRIVE I FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERLY G. HENRYAND PAULA O. HENRY STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GmeyWo/felnc@aolcom w' 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 I SCALE: 1 " = 60' SHEET 4 OF 8 Nr Re • • • 54 (A)-97U - KIMERLYG. HENRY, ETUX DB 671, PG 710 �ss>a ZONED: B-2 / B.204 ACRES / J / 54-(A)-97F / KIMERLYG. HENRY, ET UX O OB 671, PG 710 ZONED: B-2 7.966 ACRES 5 00' STRIP HEREBY Z DEDIC4TE TO FREDERICK COUNTY FOR R.O. W. i SEE CURVE TABLE ON SHEET 3 Al c�QT�CIP 'L iT4A 60' 0' 60' GRAPHIC SCALE FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PA ULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, 1073 Redbud Road ijai. _ GreyWol#e, Inc. Winchester, VA22603 ; i" Land Surveying and Consulting GreyWo/felnc&o%cam 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 J DATE: OCTOBER 20, 2020 I SCALE: 1 " = 60' 1 SHEET 5 OF 8 11 L0 Iq • • 110� a Y2 IRF �h O C3 PP 54-(A)-97i ISE ENTERPRISES, LLC 080005015 ZONED: B-2 \ 54-(A)-97H BOWMAN 8 BOWMAN DB 680, PG 564 ZONED: B-2 aa. ti 6 54-(A)-97G \ CHARLESA. RIDGEWAY \ 090013309 \ZONED: B-2 ell- ZONED: \�FOF QF; F 54-(A)-97E MILL CREEK INVESTMENTS, LLC 1 rEp so ZOONED:NED:B-1 , / 54-(A)-97T FRATERNAL ORDEROF \ EAGLES 040000869 ZONED: B-2 SEE CURVE TABLE ON SHEET 3 / 54-(A)-97F KIMERLYG. HENRY, ET UX 3/8 " IRF DS 671, PG710 ZONED: B-2 7 966 ACRES 60' 0' 60' 4: GRAPHIC SCALE s�i)9, Sp `Y py FINAL PLAT FOR NTH pF A MINOR SUBDIVISION ON THE LAND OF a�P C� �r KiIMERL Y G. HENR Y AND PA ULA O. HENR Y 5STONEWALL iN1518-B MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA GreyWolfe, Inc. 1073 Redbud Road Winchester, VA22603 lq�O Land Surveying and Consulting G540-667I20010FCl o SURv��o� 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 1 SCALE: 1 " = 60' r SHEET 6 OF 8 0 • 54-(8)-41 p0 / KINERLYG. HENRY, ET UX DB 801, PG 445 O ZONED: B-2-1 N. / \ LAMES MICHAEL WILSON / 100011285 / ZONED., B-2 LANDON VY. FURLONG \ DB 777 PG 1870 \ to 54-(8)-41 KIMERLYG. HENRY, ETUX C� DB 801, PG 445 ZONED: B-2 s 050008754 EX. 30' DRAINAGE \ ZONED: B 2 EASEMENT DB 709, PG 773 \ \ EX. 30' DRAINAGE / EASEMENT \ / DB 701, PG 566 54-(A)-971 .UTREYG. J NKINS, ET UX 050008754 ZONED: B-2 54-(A)-97i REASE ENTERPRISES, LLC 080005015 ZONED: B 2 0 bORV S,48"IRF� 0 W. 30' DRAINAGE EASEMENT DB 701, PG 566 HATCHED AREA DENOTES A 15' WIDE DRAINAGE AND GRADING EASEMENT HEREBYDEDICATED 54-(A)-97F KIMERDB 671,1 PG ENR 7ET UX 10 7.966 ACRES jGZONED: B-2 700 -�, �LTFI OF lr� c ram, c° Y "R, SATES D . 1518-8 /07p Zo `9N0_ SUR�oyOq FILE NO: 0664 54-(A)-97V KIMERLYG. HENRY, ETUX D8 671, PG 710 ZONED: 8-2 8.204 ACRES S18"IRF 60' 0' 60' GRAPHIC SCALE FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERLYG. HENRY AND PAULA O. HENRY STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1 1073 Redbud Road 4'0, GreyWolfe, Inc. Winchester, VA22603 i �" Land Surveying and Consulting GreyWo/felnc@aoi.com 540-667-2001 OFC 540-545-4001 FAX DATE. OCTOBER 20, 2020 1 SCALE: 1 " : 60' SHEET 7 OF 8 • 0 EX..5'SLOPEAND DRAINAGE EASEMENT p �o DB 801, PG 449 EX. SLOPE AND \ \ rs� \ DRAlIJAGE EASEMENT 28.96 / \ ARC � DB 754, PG 592 \ ' / 54-(8)-41 �t � / KIMERLYG HENRY ET UX \ O " �pjO� l h�0 DB 801, PG 445 ZONED: B-2 EX. SANITARYSEWER EASEMENT r DB 801, PG 449 sue, �6 "6 F Iss %" IRF 8� CON 5/B ° IRF ARC hen �40.09 h C-8 O IRF " .v, r2S�12Z37 EX. 30' DRAINAGF EASEMENT 5/e DB 709, PG 773 O PP / "IRF HATCHED AREA DENOTES / ADDT17ON TO EX. FREDERICK WATER EASEMENT TO CREATE A 20' WIDE EASEMENT OVER a THE EXISTING SEWER LINE AND MANHOLE �. TRANSFORMER C 60' 0' 60' GRAPHIC SCALE 0664 54-(A)-97U KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 8.204 ACRES CROSS -HATCHED AREA DENOTES PROPOSED FREDERICK WATER EASEMENT OVER THE EXISTING WATER LINE 54-(8)-24 RICHARD L. KENT 100006304 ZONED: B-2 5/6 " IRF SEECURVE TABLE ON SHEET 3 FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PA ULA D. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting GreyWa1fe1nc@ao1C0m 540-667-2001 OFC 540-545-4001 FAX DATE. OCTOBER 20, 2020 1 SCALE: 1 " ; 60' SHEET 8 OF 8 00 Iq • • .7 VIRGINIA: FREDERICK COUNnSCT. This Instrument of writing was produced to me on and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of and 58.1-801 have been paid, if assessable yh'R Clerk as • • • m � _ SITE D a J �%O VICINITY MAP J L 1 " = 2000' EBB LL AVENUE ❑ e�® XIT 315 A MINOR SUBDMSION ON THE LANDS OF THE KIMERL Y G. HENRYAND PAULA O. HENRY STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OCT-OBER 20, 2020 SURVEYOR'S CERTIFICATE I HEREBYCERTIFY THE PARCEL CONTAINED IN THIS MINOR SUBDMSION IS THE LAND CONVEYED TO KIMERLY G. HENRYANOPAUM 0. HENRY FROMJ. A DARLINGTON AND RUSYS. DARUNGTONBY DEED DATED JANUARY28, 19880E RECORD INDEED BOOK 671 ON PAGE 710, OF RECORD IN THEFREDERICKCOUNTY CIRCUIT COURT CLERKS OFFICE. ' GAR R. OATES, LAND SURVEYOR AREA TABULATION PARCEL ZONED USE EX. AREA ADJ. AREA 54-(A)-97F B-2 VA59NT 16.195AC. 7.966AC. 54-(A)-97U B-2 VACANT N/A 8.204 AC. R.O.W. DEDIC477ON B-2 VACANT N/A 0.115AC TOTAL 16.195 AC. 16.295 AC. NOTES 1. A FIELD SURVEY WAS PERFORMED BY GREYWOLFE, INC. IN OCTOBER OF 2020. Z BASIS OF MERIDIAN IS GRID NORTH OF THE VIRGINIA STATE PLANE COORDINATE SYSTEM. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THERE WAS NO RLADILYAPPARENT EVIDENCE OF CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES 5. THIS PARCEL IS LOCATED ON FLOOD INSURANCE RATE MAPS N0, 51069CO209 IN FLOOD ZONE X'AREAS DETERMINED TO BE OUTSIDE THE a 2% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2, 2009. APPROVAL FREDERICK WATER DATE L i �PLTH OF VIRGIN D A ME�rRANSPORT DATE �D Q// 1 R ER SUBDIVISION ADMINISTRATOR DA E U G Y S . 1518-B 1073 Redbud Road 4. GreyWolfe, Inc. Winchester, VA12603 /p 26 Za Land Surveying and Consulting GreyWo1le1nc0ao1com w Q qN0 540-667-2001OFC SUP"Ay, 540-545-4001 FAX DRAWN BY.• GRO FILE NO: 0664 1 SHEET 1 OF 8 CD LO • OWNERS CERTIFICATE C THIS MINOR SUBDIVISION SURVEY OF THE LAND OF KIMERLY G. H£NRYAND PAULA O. HENRYAS APPEARS ON THE ACCOMPANYING PLAT IS WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, U PROPRIETORS, AND TRUSTEES, IFANY. ) A7URf - KlMfRCYG. RY COIfAfY0 L 0 !V A CITY175 To;f7T.• RIEFOREGOING OWNERSCERTIFICITEIVASACKNOIYLEDGEDBEFORE ME77115 oZ r Q-`C- , 2020, BY: �YY1{Gk1C� PRIMED JOMER PRY[TED NorARYPUBLI 51G7d1111T REGLSTRA7701J7J MYCOMbLISSION EXPIRES _ , _ ``sr�ui nr+r4 SOLOS!.,. 01 J°UB\-�9,.- 0 *EA 0i '''lriirrrr,�� SEAL 51- PAULA 0. HENRY byy.��r{�l,wilGl hcunl ' COMMONWEALTH OF VIRGINIA NX• aJ�7r�1 1n CTTY/C�HY9Of�IjQ(�QS X--,TO1Wr-THEFOREGOINGOI'INERSCERTIPICATEIVASACKNOMEOGEDBEFOREMETNIS DaA.YOF-fd2ftL-}BY PRINTED OWIER 713 4 PRII Y j MTURl/ REGISTRA77ONNUMBER MYCO�USSIONfXPIRL3 FILE NO: 0664 Stephanie Jo Webster Cammorrreallh of Virginia Notary Public Commission No. 7162129 My Commission Exptcs 713MOZ2 SEAL FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PAULA O, HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road A-1 GreyWolfe, Inc. Winchester, VA22603 Land Surveying and Consulting 6reyW6lfelnc@801com w 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 1 SCALE: n/a SHEET 2 OF 8 T LO • 0 200' 0' 200' GRAPHIC SCALE s • C9 �o " S 36 33 26 W \ 0 F ` / * G3sso�0�0 �0"h 54-(A)-97U jj KIMERLY G. HENRY, ET UX ti OZONE0 D: B-2 � ' 8.204 ACRES s F'B 54-(A)-97F KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-1 7.966 ACRES 4-� 5.00' STRIP HEREBY DEDICATE TO j FREDERICK COUNTY I FOR R.O. W. i # RADIUS ARC DELTA BEARING CHORD C-1 665.00' 673.67 58002'35' S 00006'15' W 645.23' C-2 665.00' 4Z53' 4005'44' S 31 °122S" W 47.53' C-3 25.00' 38.76' 8804953" 582"0831"W 34.99' C-4 25.00' 39.78' 91 °09,51, S 0705146' E 35.71' C-5 425.00' 76.68' 10020'14" N 41 °4333'E 76.57' C-6 25.00 45.38' 104000'12' N 0500625' W 39.40' C-7 665.00, 105.10, 900320' S5400738"E 104.99' C-8 25.00' 37.33' 85033 48' S 8703707" W 33.96' C-9 300.00' 14.25' 1 °4317" S 46°Il'51 "W 14.25' C-10 375.00' 72.00' 11 °00 04' S 4100328' W 71.89' FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PAULA 0. HENRY STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA i��j GreyWolfe, Inc. Land Surveying and Consulting FILE NO: 0664 1 DATE: SCALE: 1 " = 200' 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX SHEET 3 OF 8 N LO \ 54-(8)-24 O� \ • O RICHARD L. KENT TRANSFORMER 100006304 \ ZONED: 8-2 GAS M4RKfR \ % IRF 54-(A)-97U 5.00' STRIP HEREBY KIMERLYG. HENRY, ET UX ADDED TO THE EX. 20' � DB 671, PG 710 SLOPE AND DRAINAGE ZONED: B-2 EASEMENT 8.204 ACRES ` EX. 20' SLOPE AND DRAINAGE EASEMENT DB 754, PG 592 I I I I 5.00' STRIP HEREBY DEDICATE TO FREDERICK COUNTY FOR R.O. W. I STRATFORD r DRIVE 60' 0' 60, ' r GRAPHIC SCALE 1 lIi .yam ry, pp�� SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR LTH OF A MINOR SUBDIVISION O a�P jL; _ ON THE LAND OF N / j KIMERL Y G. HENR Y AND PA ULA O, HENR Y i"A' ES DSTONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1518-B 1073 Redtrud Road '° z6 i, GreyWolfe, Inc. Winchester, VA22603 `ENO E�O� Land Surveying and Consulting GreyWoifelnc@aoi.com SURv 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 SCALE: 1 " = 60' r SHEET 4 OF 8 M • r—I L 0 54-(A)-97F KIMERLYG. HENRY, ETUX DB 671, PG 710 ZONED: B-2 Z966ACRES 5.00'S7RIP HEREBY DEDIO9TE TO FREDERICK COUNTY FOR R.O. W. SEE CURVE TABLE ON SHEET 3 54-(A)-97U / KIMERLYG. HENRY, ETUX / DB 671, PG 710 ZONED: B-2 l 8.204 ACRES �sr�2vti�� l • / � J / �°'N 0k O / / 60' 0' 60' / GRAPHIC SCALE FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PA ULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, 1073 Redbud Road �yGreyWolfe, Inc. Winchester, VA22603 ii -GmYWolfelnc&oicom wLand Surveying and Consulting 540-567--2001 OFC 540-545-4001 FAX ALE NO: 0664 1 DATE: OCTOBER 20, 2020 1 SCALE: 1 " = 60' 1 SHEET 5 OF 8 I 1 Iq • • • \ p !/z'IRF z/z IRF \ 54-(A)-97H BOWMAN & BOWMAN OB 680, PG 564 ZONED: B-2 a�61 1� 3ti �h ���6Q1y d� oo� 54-(A)-97i SE ENTERPRISES, LLC 080005015 ZONED: B-1 %' IRF o� s ,ti00 p9 OS c� Q`/s " IRF / 54-(A)-97F KIMERLYG. HENRY, ETUX 3/a " IRF DB 671, PG 710 ZONED: B-1 7,966ACRES 54-(A)-97G \ CHARLES A. RIDGEWAY \ 090013309 ZONED: B-2 \ c �h000 \ ,4b, c� 54-(A)-97E \>\o, MILL CREEK J7r\ INVESTMENTS, 15001269 LLC ZONED: B-1 / / 54-(A)-97T FRATERNAL ORDER \ / OF EAGLES 04 040000864 ZONED: B-2 SEE CURVE TABLE ON SHEET 3 60' 0' 60' �L GRAPHIC SCALE s�j9S0 89 �Qs FINAL PLAT FOR �yTH Opp A MINOR SUBDIVISION ON THE LAND OF �f KIMERL Y G. HENR Y AND PA ULA O. HENR Y �Q �-2 A fZ, UA I t5 STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA N6. 1518-B /6�6�o j .. GreyWolfe, Inc. Road 1073ReV2603 Winchesterr,, VA 2260A SUPRN " I ," Land Surveying and Consulting w GreYWo&Jnc&ol.com 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 1 SCALE: I" = 60' r SHEET 6 OF 8 U) Ln C7 / \ 54-(8)-41 KIMERLYG. HENRY, ET UX DB 801, PG 445 / Q� ZONED:B-2-1 / 0' N. KIMERLY G. (HENRY, ET UX DB 801, PG 445 54-(A)-97M O ZONED: B-2 / \ \ JAMES MICHAEL WILSON s / 100011285 sp, ZONED: B-2 1st / 54-(A)-97K s`c LANDON W. FURLONG OB 777. PG 1870 \ ZONED: B-1 EASEMENT DB 709, PG 773 \ s/a"IRF� \ EX. 30' DRAINAGE EASEMENT \ / DB 701, PG 566 54-(A)-97J JEFFREY G. ANKINS, ET UX 050008754 ZONED: B-2 54-(A)-971 REASE ENTERPRISES, LLC 080005015 ZONED: B-2 0 a0�0 s/e " IRf� 1 W. 30'DRAINAGE EASEMENT DB 701, PG 566 HATCHED AREA DENOTES A 15' WIDE DRAINAGE AND GRADING EASEMENT HEREBYDEDICATED 54-(A)-97F . x KIMEDB 671HEN, PG Y, ET UX ZONED: B-2 7.966ACRES olGfs��t �F TH pFj" t, i - Y R.'6;4TES D 1518-B /0 7P Zo O� NO: 0664 54-(A)-97U KIMERLYG HENRY, ET UX DB 671, PG 710 ZONED: B-2 8.204 ACRES 60' 0' 60' GRAPHIC SCALE FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PAULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073 Redbud Road 4-0. GreyWolfe, Inc. Winchester, VA22603 i Land Surveying and Consulting GreyWolfelnc@aol.com w' 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 SCALE: 1 " : 60' 1 SHEET 7 OF 8 co • • EX. S'SLOPEANO �o�T DRAINAGE EASEMENT p o0 DB 801, PG 449 EX. SLOPEAND \\ � \ DRAINAGE EASEMENT 7 \ ARC OB 754, PG 592 18.36' � 54-(8)-41 KIMERLYG HENRY, ETUX I o, 0 AhpO / � �p, DB 801, PG 445 c� ZONED: B-2 WER /L ti 'Is 'IRF p .C�►\ .^� /tip u1 9 EX. SANITARYSE EASEMENT r DB 801, PG 44 F, 'TS S8� 5/8 " IRF ARC �40.09 h x %, IRF EX. 30' DRAINAGE EASEMENT 27.3T 08 709, PG 773 O PP / "IRF HATCHED AREA DENOTES s/s / ADDIRON TO EX. FREDERICK r ` WATER EASEMENT TO CREATE n A 20' WIDE EASEMENT OVER 1P THE EXISTING SEWER LINE AND MANHOLE �. TRANSFORMER C 54-(A)-97U KIMERLYG. HENRY, ETUX DB 671, PG 710 ZONED: B-2 8.204 ACRES 60' 0' 60' GRAPHIC SCALE CROSS -HATCHED AREA DENOTES PROPOSED FREDERICK WATER EASEMENT OVER THE EXIS77NG WATER LINE 54-(8)-14 RICHARD L. KENT 100006304 ZONED: B-2 %-IRF SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR LrH pF A MINOR SUBDIVISION �P ON THE LAND OF 0r KIMERL Y G. HENRY AND PA ULA D. HENRY U Y K, S D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA . 1518-B ` /O 1a Zo ► 1073 Redbud Road _ . 'its, . GreyWolfe, Inc. Winchester, VA22603 (q�O SURv���~ Land Surveying and Consulting GreyWo/felnc@ao%com 540-667--2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 SCALE: 1 " : 60'1 SHEET 6 OF 8 11/5/21, 9:38 AM Untitled Page I%- -cick Honic ri j a FrederICK L*Ow-Wt, rg , Pay/lfimckup T2,xes Inquiry of Real Estate Map Number: 54 A 97 U 0 0 https://fctaxes.co.frederick.va.us/Applications/TR_Paytaxes[TicketsByMap.aspx?MACCT=8052376 1/1 To he completed by Planning Strtf Fee Amount Paid $—AK Zoning Amendment Number _ Q 5- a. l Anticipated PC F-Icaring c . t � I_ Date Received I (1 2-1 Anticipated BOS F-Fearing Date — REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Paula O Henry Specific Contact Person if Other than Above. - Address: PO Box 3282, Bald Head Island, NC 284618 Telephone: 910-540-6777 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Pennoni Associates, Inc. Specific Contact Person at Firm: David Frank Address: 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 Telephone: 540-771-2087 Email: dfrank@pennoni.com Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting oil behalf of the Owner and/or executing papers Oil behalf of the owner Ill connection with the rezoning, the owner will need to execute a power of attorney form granting the fil-Ill 0r person such authority. Page 12 0 4. Project Name (if any): Fort Collier Business Park 5. Property Information: a. Property Identification Number(s): 54-A-97U b. Total acreage of the parcel(s): 8.2 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): 8.2 d. Current zoniIlg designation(s) and acreage(s) in each designation: IM e. Proposed zoning designation(s) and acreage(s) in each designation: B-3 f. Magisterial District(s): Stonewall g. Location - the property is located at (give street address(es) if assigned or othei-wise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): At the intersection of Stratford Drive and Fort Collier Road, approx. 1700 LF, north of route 7 Berryville Pike. h. Adjoining Properties: Parcel ID Number Use Zoning See Attached List Please attach additional pagc(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ InStI11111CIlt numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 1 0 • ' 6. Disclosure of real parties in interest. ' Virginia Code § 15.2-2289 p1'ovldes that localities may by ordinance rcquil'e any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected Including, In the case of corporate ownership, the name of stockholders, ' officers, and directors, and In any case the names and addresses of all real parties of Interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. ' Foi- each bLISlness entity that Is an owner oI' contract JAH-chaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not ' indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. ' Ms. Paula Henry IPlease attach additional page(s) if necessary. ' 7. Checklist. Please check that the following items have been included with this application: ' 0 Location Map R- Plat Depicting Metes/Bounds of Proposed Zoning ' ❑✓ Impact Analysis Statement Proffer Statement (if any) ' Agency Comments Fv Fee ' ❑� Copies of Deed(s) to Property(ies) ❑'� Tax Payment Verification ' ❑� Digital copies (pdf s) of all submitted items Page 14 ' 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick ' County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. ' I (we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public ' hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I U I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date If signing on behalf of an entity, please state name of entity and your title: ' Owner: Date If signing on behalf of an entity, please state name of entity and your title: ' Other Applicant Party (if any ' = Date to ' If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than two persons are owners, ' please use additional copies of this page. L E Page 15 11 ADJOINING PROPERTY OWNERS Owners of property adjoining the land will be notified of the Planning Commission and the ' Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested ' property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner oj'the Revenue is located on the 2nd floor of the ' Frederick County Administrative Building, 107 North Kent Sheet. I LIB C, r 11 r Name and Property Identification Number Address Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 8 42 Namc Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 8 41 Nanlc James Michael & Amy Wilson 236 Delmas Trail Winchester, VA 22602 Property # 54 A 97M Nanlc Landon W Furlong 971 Old Factory Road Strasburg, VA 22657 Property # 54 A 97K Name Jeffrey G & Rosanna M Jenkins 1631 Redbud Road Winchester, VA 22603 Property # 54 A 97J Name Rease Enterprises, LLC 750 Baker Lane Winchester, VA 22603 Property # 54 A 971 Nanlc Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 A 97F Huntington Meadows Homeowner Assoc. Namc c/o Don Butler 19 W. Boscawen Street Winchester, VA 22601 . Property # 54L 11 53A Nanlc Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 S 97L 16 11 r 11 L F I I r. Name and Property Identification Number Address Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property # 54 A 97S Name Richard L Kent 484 Fort Collier Road Winchester, VA 22603 Property # 54 8 24 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Namc Property # Name Property # Name Property # Name Property # Name Property # WA I • • ADJOINTING PROPERTIES Parcel ID Number Use Zoning 1 54-8-42 Vacant -Commercial B2 2 54-8-41 Vacant -Commercial B2 3 54-A-97M Commercial B2 4 54-A-97K Industrial B2 5 54-A-97J Vacant -Commercial B2 6 54-A-971 Commercial B2 7 54-A-97F Vacant -Commercial B2 8 54L 11 53A Vacant -Exempt RA 9 54-A-97L Commercial B3 10 54-A-97S Commercial B3 11 54-8-24 Commercial 1132 � I I � I Jul, 2021 Henri, Rezoning ' VI SPECIAL LIMITED POA i C Special Limited Power of Attorney a g > County of Frederick, Virginia Frederick Planning Website: www.fcva.us IIN Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Paula O Henry Nmne of Prolxxty Owner/Applicant Please note: If the property oiinedapplicant is an etility, the name of the entity shoald appear above. If mulliple persons own the property or are applictmIs, an executed Ixmer ofaltonicy from each omer will be ucedcd. PO Box 3282, Bald Head Island, N.C. 28461 910-540-6777 Mailuig Address of Property Owner/Applicant Telephone Nttntber as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 54-A-97U do hereby make, constitute, and appoint: Pennoni Associates, Inc. Name of Attorney -In -Fact 117 E. Piccadilly Street Meiling Address ofAttomey-In-Fact 540-771-2087 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in , for the above identified property: ✓ Rezoning Subdivision Conditional Use Permit ✓ Site Plan ✓ Master Development Plan (prelim. or final) rj Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to of er proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appolutlifewit shall expire one year otherwise re e' id or modify it. , Signature N Title ('if -sigaing on behalf of an cntit ) — State of the day ghat it is signed, or at such sooner time as I County/City of ���l�C�To wit: r Public in and for die jurisdiction aforesaid, certify that ;rsonally appeared before me and has acknowledged the clay of -S 0 `F 20 z, My Commission Expires: Z Z ZUZ L Registration Number: 1 Z:z �� To be completed by Planning St Ar, Fcc Amount Paid S - Zoning Amendment umber a ( Anticipated PC I-Iearin to -")_ji Date Received I I � Anticipated BOS Hearing Date I 1'r-aP, a REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Paula O Hen Specific Contact Person if Other than Above: Address: PO Box 3282, Bald Head Island, NC 284618 Telephone: 910-540-6777 Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Entail: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Pennoni Associates, Inc. Specific Contact Person at Firm: David Frank Address: 117 E. Piccadilly Street, Suite 200, Winchester, VA 22601 Telephone: 540-771-2087 Entail: dfrank@pennoni.com Please note that, if a law firill, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner it, connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person SUCK authority. Page 12 • 4. Project Name (if any): Fort Collier Business Park 5. Property Information: a. Property Identification Number(s): 54-A-97U b. Total acreage of the parcel(s): 8_2 c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): M d. Current zoning designation(s) and acreage(s) In each designatioIl: B-2 e. Proposed zoniIlg deslgnatloIl(s) and aci-cage(s) in each designation: B-3 f. Magisterial District(s): Stonewall g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based oil nearest road and distance from nearest intersection, using road (lames and route (lumbers): At the intersection of Stratford Drive and Fort Collier Road, approx. 1700 LF, north of route 7 Berryville Pike. Il. Adjoining Properties: Parcel ID Number Use Z0111119T See Attached List Please attach additional pagc(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Page 13 6. Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership Of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165- l 01.09, adopted such ail ordinance. For each business entity that Is an Owller 01' contract purchaser Of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amOunt Or extent Of the Ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Ms. Paula Henry Please attach additional page(s) if necessary. 7. Checklist. Please check that the following items have been included with this application: I�1 Location Map Plat Depicting Metes/Bounds of Proposed Zoning Impact Analysis Statement FProffer Statement (if any) 0 Agency Comments Fee 0 Copies of Deed(s) to Property(ies) Tax Payment Vcrification 0 Digital copies (pdf's) of all submitted items Page 14 7. Signature(s): I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (we) understand that the sign issued when this application is submitted must be placed at the fi-ont property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and maintained so as to be visible from the road right-of-way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Owner: Date If signing on behalf of an entity, please state name of entity and your title: Owner: Date If signing on behalf of an entity, please state name of entity and your title: Other Applicant Party (if any): — � Date tl W t�z If signing on behalf of an entity, please state name of entity and your title: If additional signature lines are necessary, such as if more than t-wo persons are owners, please use additional copies of this page. Page 15 6 • Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.fcva.us Department of Planning & Development, County of Frederick, Virginia 107 North Kent Street, Winchester, Virginia 22601 Phone (540) 665-5651 Facsimile (540) 665-6395 Know All Men By These Presents That: Paella O Henry Name of Prolxxty Owncr/Applicant Pla�se nWc: If the prolh:rly o+mcr/applicant is rut entity, the name of tho artily sho+dd nplx:ar nho+c. If mulliplu persars omi the property or nru npplicanis, an executed powor ofnllorncy dram each owier will be needed. PO Box 3282, Bald Head Island, N.C. 28461 910-540-6777 Mailing Address of Properly Owner/Applicant Telephone Number as owner of, oi• applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 54-A-97U do hereby make, constitute, and appoint: Pennoni Associates, Inc. Mune of'Atlorney-fn-Fact 117 E. Piccadilly Street Mailing Address of Attorney -In -Fact 540-771-2087 Telephone Number to act as my true and lawful attorney -in -fact for and in my name, place, and stead, with the same full power and authority I would have if acting personally, to file and act on my behalf with respect to application with Frederick County, Virginia for the follow in for the above identified property: PI Rezoning Subdivision Conditional Use Permit ✓ Site Plan ✓" Master Development Plan (prelim. or final) u Variance or Zoning Appeal and, further, my attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This appoints}t'ilit shall expire one year otherwise resc} td or [podify it. Title (if si ling on behalf of an enti Statc of d the day Shad it is signed, or at such sooner time as I County/City of �Y-ll�t _.L� t\ . To wit: Public in and for the jurisdiction aforesaid, certify that -rsonally appeared before Inc and has acknowledged the day of����_,20L 1 My Commission Expires: �D � Z Z Z(-)z- L Registration Number: 7_ 011- 7_ '\ 6n Z -'j S ORDINANCE Action: PLANNING COMMISSION: December 15, 2021 Recommended Approval BOARD OF SUPERVISORS: January 12, 2022 Approved ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #05-21 PAULA O. HENRY WHEREAS, REZONING #05-21 Paula O. Henry, was submitted by Pennoni Associates, Inc. to rezone 8.2+/- acres from the B2 (General Business) District to the 133 (Industrial Transition) District. The property is located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U; and WHEREAS, the Frederick County Planning Commission held a public hearing on this Rezoning on December 15, 2021 and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on this Rezoning during their regular meeting on January 12, 2022; 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 confonnance with the Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, is amended to rezone 8.2+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District. This ordinance shall be in effect on the date of adoption. Passed this 12'h day of January 2022 by the following recorded vote: Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye J. Douglas McCarthy Aye Robert W. Wells Aye Josh E. Ludwig Aye Judith McCann -Slaughter Aye Blaine P. Dun1 Aye A COPY ATTEST Michael L. Bollhoefer Frederick County Administrat PDRes#48-21 Res. No. 041-22 0 JNil' 202 / Ilen 1, Rezoning III AGENCY COMMENTS I I I August 16, 2021 Mr. David Frank Pennoni Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/665-6395 ' RE: Proposed Rezoning for Paula O. Henry Property Identification Numbers (PIN): 54-A-97U ' Dear Mr. Frank: I have had the opportunity to review the draft rezoning application for Paula O. Henry This ' application seeks to rezone 8.2 acres from the B2 (General Business) District without proffers to the B3 (Industrial Transition) District without proffers. The subject property is located ' along Fort Collier Road, approximately 400'east of Baker Lane in the Stonewall Magisterial District. Prior to formal submission to the County, please ensure that these comments and all review agency comments are adequately addressed. At a minimum, a letter describing how ' each of the agencies and their comments have been addressed should be included as part of the submission. ' 1. Northeast Frederick Land Use Plan. The 2035 Comprehensive Plan and the Northeast Frederick Land Use Plan provide guidance on the future development of the property. The Plan identifies this property with a business land use designation and is within the ' limits of the Sewer and Water Service Area. 2. Comprehensive Plan Conformance. The Comprehensive Plan designation of business ' is generally consistent with the existing B2 zoning of the site, and due to the intent of the B3 District, this request may not conform to the goals of the Plan. The intent of the B3 District is to provide for heavy commercial activities, involving larger scale ' marketing or wholesaling, in locations that are separate from but in the vicinity of business and industrial areas. In some cases, such areas may be transitional, located between business and industrial areas. While some uses permitted within the B2 and ' B3 Districts do overlap, it should be noted that many uses are more intensive. This site is surrounded by a mixture of business, transitional and residential zoning and therefore careful consideration should be made regarding the compatibility between ' this site and adjoining land uses. I ' Paula 0. Henry Rezoning Application August 16, 2021 ' Page 2 ' 3. Impact Statement. Please address the following: a. Remove "Policy" from the Comprehensive Plan title. b. Within the land use description — amend the description for the B2 from the "retail" based to - business, office and service uses as outlined in the Zoning District description in the Zoning Ordinance. ' 4. Site Considerations. It is noted that this application does not propose proffers. Staff would suggest that the following areas be studied with this application: a. Examination and identification of compatible uses (also noted in comment 2) ' b. Visibility and screening of outdoor storage that may develop in the future c. Interparcel connection with PIN 54-A-97F and 54-A-42 d. Impacts on County services such as Fire and Rescue 11 I FIB 5. Transportation Comments. Please note that the transportation comments on the rezoning application from John Bishop, Assistant Director - Transportation, are being provided to you in a separate letter. Staff may also provide additional comments related to the proposed changes if warranted subject to adjustments requested by VDOT. 6. Agency Comments. Please provide appropriate agency comments from the following agencies: Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshal, Frederick Water, County Attorney, and the City of Winchester. 7. Fees. Based on the fees adopted by the Board of Supervisors, the rezoning fee for this application would be $10,820 based upon acreage of 8.02 acres. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd � I U �V�D T J Virginia Department of Transportation DATE: September 8, 2021 TO: David Frank, PLA, Pennoni FROM: Bradley S. Riggleman, P.E., Area Land Use Engineer RE: Paula Henry Property, Rezoning — VDOT Comments Mr. Frank, EDINqURG RESIDENCY LAND USE MEMORANDUM Upon review of rezoning application packet for the Paula Henry Property (application received in our office 8/2/2021), VDOT offers the following comments: 1. The proposed rezoning from B2 to B3 would not result in a significant change to potential traffic generation, and would not have a significant impact to the roadway network. 2. Site access shall be designed and constructed per the most current revisions of the VDOT Road Design Manual, Road and Bridge Standards, and all other applicable specifications and standards. Thank you for the opportunity to comment on this Rezoning request. Please feel free to contact me at 540-534-3223 if you have any questions or concerns. Sincerely, Bradley S. Riggleman, P.E. Area Land Use Engineer— Edinburg Residency Cc: Mark R. Cheran, Frederick County Zoning and Subdivision Administrator John A. Bishop, AICP, Frederick Planning and Zoning Assistant Director, Transportation M. Tyler Klein, AICP, Frederick County Senior Planner File lJ ' 315 Tasker Road Stephens City, Virginia 226SS ' August 5, 2021 David Frank ' Pennoni 117 East Piccadilly Street Winchester, Virginia 22601 FREDERICK WATER PH (540) 868-1061 Fax (540) 868-1429 www.Frederic]<Water.com ' RE: Rezoning Application Comment Paula Henry Property Tax Map Numbers: 54-A-97U ' 8.2 acres Eric R. Lawrence Executive Director Dear Mr. Frank: Thank you for the opportunity to offer review comments on the Paula Henry Property ' commercial rezoning application package, dated July 2021, and received at Frederick Water on July 27, 2021. Frederick Water offers comments limited to the anticipated impact/effect upon Frederick Water's public water and sanitary sewer system and the demands thereon. T project The roject parcel is located within the sewer and water service area (SWSA), and therefore by county policy, Frederick Water's water and sewer services are available. The application's Impact Statement is silent on the projected quantities of water and sewer generation from the proposed land use but suggest demands will be similar to potential demands under the existing land use permitted by the underlying zoning. It is noted that neither the potential square footage nor the water and sewer demand projections are included in a proffer statement, so actual water and sewer demands could vary significantly based upon ultimate land use. ' Water service is available via existing 8- and 10-inch water mains located on the property. Adequate drinking water supply presently exists. ' A Frederick Water sanitary sewer manhole exists on the site. This manhole ultimately enables sanitary sewer flows to be conveyed via gravity sewer to the Opequon Water Reclamation ' Facility (OWRF). The gravity sewer flows through a series of pipes ranging from 8-inch to ultimately a 36-inch gravity sewer main. Treatment capacity does presently exist at the OWRF. Water At Your Service 1 r I I L n Page 2 • Paula Henry Property commAl rezoning application David Frank August 5, 2021 Water and sanitary sewers are to be constructed in accordance with Frederick Water standards and specifications. Easements will be required to accommodate infrastructure that is dedicated to Frederick Water. Please be aware that Frederick Water is offering these review comments without the benefit or knowledge of the actual use proposed and water and sewer demands for the site. Please keep in mind that water supplies and sanitary sewer conveyance capacities change daily; with each new customer connection bring additional demands and generated flows. This letter does not guarantee system capacities to accommodate your development proposal. Thank you for the opportunity to offer review comments. Sincerel Eric R. Lawrence Executive Director i Rezoning Comments Frederick County Department of Public Works Mail to: Hand deliver to: Frederick County Dept. of Public Works Frederick County Dept. of Public Works Attn: Director of Engineering Attn: Director of Engineering 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Suite 200 (540) 665-5643 Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Department of Public Works with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pennoni Associates, Inc. Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Telephone: 540-771-2087 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, Current zoning: B2 approx. 1,700 LF north of Route 7 Berrvville Pike Zoning requested: B3 _ Acreage: 8.2 Department of Public Works Comments: We- o I✓o a n a --, e - fT at. -f- Y-41:f f, i e . fc Public Works Signature & Date: Notice to Dept. of Public Works - Please Return This Form to the Applicant 22 0 0 Rezoning Comments Frederick County Fire Marshal %1�4 W —Y Mail to: Hand deliver to: Frederick County Fire Marshal Frederick County Fire & Rescue Dept. 1800 Coverstone Drive Attn: Fire Marshal Winchester, Virginia 22602 Public Safety Building (540) 665-6350 1800 Coverstone Drive Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County Fire Marshal with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Pennoni Associates, Inc. Telephone: 540-771-2087 Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 Zoning requested: B3 or M1 Acreage: 8_2 Fire Marshal's Comments: Fire Marshal's Signature & Date: Notice to Fire Marshal - Please Return This Form to the Applicant PL4d�6 asp, " o " o _. 23 F'RE MARSHAL FREMRI COUNTY PLANS APPROVED F9RIE MARSHAL9 FREDERICK COUNTY JUL 2 8 2021 Dederick County Fire and RAue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone:540-665-6350 Fax:540-678-4739 fmo@fcva.us Plan Review Rezoning Status: Approved Business Name Paula O. Henry Property Account 8052376 Fort Collier Rd Winchester, Virginia 22602 Printed Date: 08/03/2021 Engineering Firm : Pennoni Associates, Inc. Received Date: 07/28/2021 Occupancy Type: Review Begin Date: 08/03/2021 Property Use: Review End Date: 08/03/2021 Activity Number: 1071036 Hours: 1.5000 Review Cause: New Construction Project Name Request for Rezoning A 41 � Adam Hounshell Lieutenant/Assistant Fire Marshal Page 1 of 1 Rezoning Comments Frederick County Attorney Mail to: Hand deliver to: Frederick County Attorney Frederick County Attorney Co. Administration Bldg., 3'd Floor Co. Administration Bldg., 3rd Floor 107 North Kent Street 107 North Kent Street Winchester, Virginia 22601 Winchester, Virginia (540)665-6383 Applicant: Please fill out the information as accurately as possible in order to assist the County Attorney's office with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. _.._.__........ ------ ......... ...................... .._...._....._.................... ....__..._ Applicant's Name: Pennoni Associates, Inc. Mailing Address: 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Telephone: 540-771-2087 Location of property: At the intersection of Stratford Dr and Fort Collier Rd, approx. 1,700 LF north of Route 7 Berryville Pike Current zoning: B2 County Attorney's Continents: Assistant County Attorney's Signature & Date: Zoning requested: B3 Acreage: 8.2 Notice to County Attorney - Please Return This Form to the Applicant 20 0 Candice Perkins From: Rod Williams Sent: Monday, November 8, 2021 1:39 PM To: Candice Perkins Subject: FW: '[External]'Re: Paula Henry property rezoning, Tax Parcel 54-A-97U After review, no comment from me on the Henry rezoning. e From: David Frank <DFrank@Pennoni.com> Sent: Sunday, October 10, 2021 7:46 PM To: Rod Williams <rwillia@fcva.us> Cc: Candice Perkins <cperkins@fcva.us>; John Bishop <jbishop@fcva.us> Subject: '[External]'Re: Paula Henry property rezoning, Tax Parcel 54-A-97U Thank you, Rod. I appreciate greatly your after hours attention and work. Have a great week. Get Outlook for iOS David Frank, PLA Office Director Pennoni 117 East Piccadilly Street I Winchester, VA 22601 Direct: +1 (540) 771-2087 www.pennoni.com I DFrank(cDPennoni.com From: Rod Williams <rwillia fcva.us> Sent: Sunday, October 10, 2021 6:10:45 PM To: David Frank <DFrank@Pennoni.com> Cc: Candice Perkins <cperl<ins@fcva.us>; John Bishop <jbishop@fcva.us> Subject: Paula Henry property rezoning, Tax Parcel 54-A-97U David, I have now reviewed the materials that you forwarded for this proposed rezoning. As discussed, the item does not propose any proffers, so I have no comments to make regarding legal sufficiency of proffers. The materials in support of the proposed rezoning appear to be legally sufficient. I have not reviewed the substance of the proposed rezoning relative to applicable planning considerations, as it is my understanding that review will be done by staff and the Planning Commission. Roderick B. Williams County Attorney Frederick County, Virginia E 0 Rezoning Comments City of Winchester Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, Virginia 22601 (540) 667-1815 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, Virginia Applicant: Please fill out the information as accurately as possible in order to assist the City of Winchester with their review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Ponnonl Associates, Inc. Mailing Address: 117 E. Piccadilly street, Suite 200 Winchester, VA 22601 Location of property: At the intersection of Stratford Dr and Fort Colllor Rd, approx. 1,700 LF north of Route 7 Berryville Pike Telephone: 51e-771.2087 Current zoning: B2 Zoning requested: B3 Acreage. 8.2 City of Winchester's Comments: City of Winchester's Signature & Date: �UIS-1.207-1 Notice to City of Winchestet I ase Return This Form to the Applicant 30 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia(a�,fcva.us 2 Jule 2021 llenry Rezoning ' II IMPACT ANAL YSIS t AN 021 9 Henry Rezon L I I I I INTRODUCTION The 8.2-aci-e Henri, Property fronting Dort Collier Road, identified as tax map parcel 54-A- 97-U, is ideally located for Industrial Transition District land uses. The Property is located in the Henry Business Par]: and is currently zoned 112 General Business District. The property \vas zoned Nf l until the RZ #029-87 application for B2 and B3 land use Nvas approved by the Frederick Count), Board of Supervisors on September 9, 1987. This application in The Hens} Business Park, is also located adjacent the City of Winchester — Frederick Count), boundary just north of Route 7 Berryville Pikc. This application seeks to rezone the Property from B2 General Business District to B3 Industrial Transition District. The site is located wholly within the Sewer and Water Service Area (S\WSA) and Urban Development Area (UDA). Rezoning the subject acreage to B3 will be consistent with the intended transitional commercial zoning envisioned for the subject property in the comprehensive plan and previousl)' approved rezoning from the original N1I use in RZ #029-87. The location of the property is also better suited for the B3 commercial land use than the B2 land uses which typically generate higher traffic volumes. The proposed B3 zoning would also be compatible and consistent with the B3 zoning across and along Port Collier Road. B3 zoning for industrial transition uses would allow the site to develop as a commercial transitional area from the retail commcl-cial land uses to the south within the City of \Winchester limits and the MI Industrial land uses in the JP Darlington Industrial Land subdivision to the north. The applicant is confident that the proposed rezoning is consistent with the land use policies of the Comprehensive Policy Plan, and development under the B3 zoning district will not result in negative net impacts from the by -right current B2 zoning. COMPREHENSIVE PLAN The subject property is identified on the L-?astern [7rederic]c County Long Range Land Use ' Plan (EVCLRLUI� and the Northeast Frederick Land Use Plan (NFILUP) and is wholly "within the Sewer and \Water Service Area (S\v'SA) and Urban Development Area (UDA). E Juh, 2021 Hem 1, Rezonin 11 u u These documents are intended to serve as a guide for the intended future land uses within the SWSiA and UDA as properties within those growth boundaries develop. Both plans iclentifi the subject property as business and the adjacent property to the north as industrial. This land use designation is a direct reflection of the Property's current zoning; designation. Consequently, the proposed rezoning of the subject property to B3 is in conformance with the Comprehensive Plan, as the property- would develop as an extension of the existing and future commercial and industrial land uses intended by the plan. LAND USE The subject property seeks to rezone from the B2 district to the Transitional B3 district. The western side of the subject property borders the rear of existing business land uses that are compatible with the proposed I33 zoning. The proposed land use will also be compatible with the existing B3 zoned land uses across Port Collicr Road to the north. Traditional retail land uses are found to the south across the city -county boundary line in the City of Winchester. ''his existing retail land use has direct access to Route 7 Berryville Pike and typically generates higher traffic volumes than the proposed B3 zoning. ' ACCESS AND TRANSPORTATION The Property has approximately 800' of frontage on Port Collicr Road which provides quick ' access and connectivity to Route 7 and Interstate b 1. Site access optimally lines up across from the existing Stratford Drive intersection with Port Collicr Road. A seconclary means of egress exists on Port Collicr Road and would need to conform to the current VDOT access management design regulations if utilized. The site is currently zoned B2 and the rezoning to B3 will likely result in equal or decreased total trip generation for future land uses. Actual trips and entrance design will be calculated and accommodated with any' future Site Plan ' applications for the subject Property. ' SITE SUITABILITY The site conditions relate very Positively to the proposed clevelopment activities. The ' proposed rezoning would not result in impact on areas of steep slopes, stream channels, lagers, Ponds, flood plain, or wetlands. The site generally slopes from 2-7% toward the north I Juh, 2021 and will drain into the existing storm sewer conveyance systems established with the design and construction of Tort Collicr Road and other adjacent drainage facilities. During the engineering phase of the project, a stornnvatcr management plan will be created to adecluately and effectively retain stormwatet in a manner that xvill avoid ilcgativc impacts on adjacent properties. SEWAGE CONVEYANCE AND WATER SUPPLY ScNvage flows generated by the site will discharge into the existing Frederick \Water sanitary sewer facilities present on -site. A terminal sanitary manhole has been cxtcndcd onto the property with prior construction projects. Likewise, existing Frederick \Water potable water service has previously been cxtcndcd onto the subject property. Usc and access and extensions of these facilities will be coorclinated Nvith PrCCIcrICk \K'ater at the U111C Of a futUrC Site Plan application. It is not anticipated that rezoning the property to B3 will result in any increase in demand for ,vater and sewer services already allowed under the current B2 zoning. HISTORIC SITES AND STRUCTURES The Frederick County Rural Landmarks Survey does not identify an}, structures of historic importance on the subject site. It is also observed that the Urban and industrial clevelopnient along Port Collicr Road has resulted in the loss of any historical integrity. AS such, the infill dcvclopmcnt of the subject property will not impact: historical sites and structures. IMPACT ON COMMUNITY FACILITIES The dcvclopmcnt of the allOwcd uses under the proposed 133 zoning will result in a nct positive fiscal impact for Frederick County. Propifty Map - Frederick Cou*, VA 136 23 2r 97B 7S 139 138 25 �4 117� 136 134 4 M 1 6 S3 135 75A q7A 6` �,3 *3`00 27 %103 `5 '71 13.1 2 28 61 105,E 71� 81 1,0 1to9 0 /i t • 12 41 ��6��LCi'fr 67 68 75 A 29 -g 1 5113 59 88 �Sq1-24 1' 69 30 9• 1\ 4 •57 112 122 1074i 53 10 • 120 31 97K 36 % • O776 s 1,t8! 32 i' �¢2 38 v�'l ID-1 ;t2 1 33 1 7 J 1i 13w � 114 34 :50 760 102 /` 0 VA 10 •1 728 • 97G 7A i7,4 5 401 4-4 1iO4-3 97ED70-1 971 97H 977 97F 42 Subject Property B2 Frederick County Information Technologies 107 N Kent St Winchester, VA 22601 •'r 540-665-5614 VVVVVVti '+edenck County does no( give any expressed a apled wanent es. 0 155 310 condr0ons repiesenfaeons. ndarmtesofanykind sfafukry. or -verwse. concernngany or all of Me Frederick County GIS dais 1:3,800 24 • 434 W. W 101,O�J 2 84A 284A ——STRA-TFORD DF:- rY C 1 53A RP 2 3 OP 1,)167 1 3 5 • 106 81100 105 ^ 1%lb-. 4 102 C�7NG.10 33 9 10 106 �Eh 32 • 31 104 110 108 35 12 110 150 1-�6 34 • • 36 37 13 136 30 • • 122 40 1 45 155 wE S°T-Vr 1 2, 110 • 0 A • 62-70 k('JIyJA-PKWY- 108 44 3 22 23 24 724 121" 734 • 1250 • it3 2 5 26A B • 1 1 730 27 28 29 ,_ 042 30 h 718 CO 41 • 9 2 8-A 8 DJJyKtwe. 710 8 12 3 722. 16 �aW 7 11 7.21,¢ 18015 Q 10 1T7110914 620 Feet A4 J Juh, 2021 Ilenry Rezoning IV SUR VEYPLA T AND DEED )• J • This Declaration of Subdivision, Deed of Dedication, and Deed of Easement ("Declaration") is made and dated as of December LV , 2020, by and among KUYIERLY G. HENRY, divorced, and PAULA O. HENRY, divorced, parties of the fast part and hereinafter called the "Declarants" (Grantors for indexing purposes), and FREDERICK COUNTY, VIRGINIA, party of the second part and hereinafter called "Frederick County" (Grantee for indexing purposes), and THE FREDERICK COUNTY SANITATION AUTHORITY doing business as FREDERICK WATER, party of the third part and hereinafter called "Frederick Water" (Grantee for indexing purposes). RECITALS WHEREAS, Declarants are the owners in fee simple of the real property "Property") shown on the plat attached to this Declaration and incorporated herein by this reference (the "Plat"), and being the remaining portion of the same real property conveyed to Declarants from J.P. Darlington and Ruby S. Darlington by deed dated January 28, 1988, and of record in the land records of the Clerk's Office of the Circuit Court of Frederick County, Virginia ("Clerk's Office"), in Deed Book 671, Page 710. WHEREAS, Declarants desire to subdivide the Property, dedicate portions of the Property to Frederick County, Virginia, and grant casements to Frederick Water over portions of the Property upon the terms set forth herein and as shown on the Plat . WHEREAS, the subdivision of the Property by this Declaration is with the free consent and in accordance with the desires of the Declarants, and Declarants desire to subdivide the Property in accordance with the provisions of the local and state laws as are applicable, in force, and in effect as of the date of execution of this Declaration. Page 1 of s -0 c� co r.j J C7 DECLARATION C� ' That for and in consideration of the Property and the benefits which will accrue by reason of this Declaration, Declarants do hereby incorporate the above recitals into this ' Declaration as material terms and take the following actions. 1. Subdivision. Declarants hereby subdivide the Property and create two parcels ' of land containing 8.204 acres (Tax Map Number 54-A-97U) and containing 7.966 acres (Tax Map Number. 54-A-97F) as set forth on the Plat. The platting and subdivision of the Property is made with the consent and approval of Declarants and appropriate authorities of Frederick ' County, Virginia, as evidenced by the signatures set forth on the Plat. Frederick 2. Dedication of Street. Declarants hereby dedicate and convey unto ' County, in fee simple and as an improvement to the public street, that portion of the Property five feet in width as set forth and identified on the Plat as "5.00' Strip Hereby Dedicate to ' Frederick County for R.O.W.," contiguous with Fort Collier Road, Virginia Route 1322, and containing 0.125 acres, more or less. ' 3. Slope and Drainage Easements. Declarants hereby grant and convey unto Frederick County: 3.1. A nonexclusive, appurtenant, perpetual easement five feet in width as set forth and identified on the Plat as "5.00' Strip Hereby Added to the Ex. 20' Slope and ' Drainage Easement," along the eastern property line of the 8.204 acres parcel, and contiguous with the existing Slope and Drainage Easement established by that instrument of record in the land records of the Clerk's Office in Deed Book 754, Page 592, for the purpose of Page 2 of 8 I I I r r constructing, maintaining, and repairing the slope and drainage needed for the adjacent road; ' and 3.2. A nonexclusive, appurtenant, perpetual easement fifteen feet in width ' as set forth and identified on the Plat as "Hatched Area Denotes a 15' Wide Drainage and Grading Easement Hereby Dedicated," and located at the southeast corner boundary of the 8.204 acres parcel for the purpose of constructing, maintaining, and repairing the slope and drainage needed for the property. 4. Frederick Water Easements. Declarants hereby grant and convey unto Frederick Water, and its successors and assigns, the nonexclusive, appurtenant, perpetual reasements set forth and identified on the Plat as "'Hatched Area Denotes Addition to Ex. Frederick Water Easement to Create A 20' Wide Easement Over the Existing Sewer Line and rManhole," "Cross Water Easement Over the and -Hatched Area Denotes Proposed Frederick Existing Water Line" (the "Frederick Water Easements") for the purpose of installing, constructing, operating, maintaining, repairing, adding to or altering and replacing one or more present or future water mains and sanitary sewer lines, including, without limitation, fire hydrants, valves, vaults, meters, building service connections and connection lines, sanitary ' lateral lines, manholes and other appurtenant facilities (collectively, the "Facilities"), subject to the following conditions: 4.1. All Facilities which are installed in the Frederick Water Easements shall be and remain the property of Frederick Water, and its successors and assigns. 4.2. Frederick Water and its agents shall have full and free use of the Frederick Water Easements for the purposes named, and shall have all rights and privileges Page 3 of 8 11 c-> reasonably necessary to the exercise of the Frederick Water Easements, including the right ' access to and from the Frederick Water Easements, and the right to use adjoining land when necessary; provided, however, that this right to use adjoining land shall be exercised only ' during periods of actual construction or maintenance, and then only to the minimum extent necessary for such construction and maintenance; and further, this right shall not be construed ' to allow Frederick Water to erect any building or structure of a permanent nature on such adjoining land. 4.3. Frederick Water shall have the right to trim, cut and remove trees, shrubbery, fences, structures or other obstructions in or reasonably near the Frederick Water ' this Declaration, deemed by it Easements, including those existing at the time of execution of ' to interfere with the proper and efficient construction, operation, and maintenance of the Facilities; provided, however, that Frederick Water, at its own expense, shall restore, as nearly as possible, to their original condition all land or improvements included within or adjoining the Frederick Water Easements which are disturbed in any manner by the construction, operation, and maintenance of the Facilities. Such restoration shall include (i) the backfilling of trenches, (ii) repaving of asphalt, concrete, composite, and other impervious areas, (iii) the ' reseeding or resodding of lawns or pasture areas, and (iv) the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, structures, and other obstructions located outside the Frederick Water Easements, but shall not include the replacement of trees, flowers, shrubbery, vegetable plants, porous/permeable paving, pavers, ' structures, or other obstructions located within the Frederick water Easements. Page 4 of S 0 I c� Co 4.4. Declarants and their successors and assigned ("Owner") reserve tie ' right to construct and maintain roadways over the Frederick Water Easements and to make any use of the Frederick Water Easements which may not be inconsistent with the easement ' rights herein conveyed, or interfere with the use of the Frederick Water Eascmcnts by Frederick Water for the purposes listed above; provided, however, that Owner shall not erect ' any building or other structure, or install any underground facilities or utilities, or change existing ground elevation or impound any water on or within the Frederick Water Easements ' without obtaining the prior written approval of Frederick Water. In the event a use of the Frederick Water Easements by Owner is approved by Frederick Water, but requires the ' Facilities the the depth of any of the Facilities, all relocation of any of the or adjustment of ' costs required to accomplish such relocation or adjustment shall be paid by Owner. Owner agrees that no vegetation other than (i) grass, (ii) shrubbery, and (iii) flowers and vegetable ' plants with root systems that extend no more than 12 inches below the surface at maturity, may be planted in the Frederick Water Easements; provided, however, that such flowers, ' shvbbery, and vegetable plants are planted at Owner's risk and Frederick Water shall have no obligation to replant such flowers, shrubbery, and vegetable plants nor to compensate Owner ' for such vegetation in the event such vegetation is damaged or destroyed during the exercise of Frederick Water's rights under these Frederick Water Easements. ' 4.5. * At such time as any portion of the land within the Frederick Water Easements is accepted by the Commonwealth of Virginia or any appropriate agency thereof ' for maintenance into the state highway system, all easement rights acquired by Frederick Water by this Declaration in such portion of land shall cease and terminate, provided that the Page 5 of S I G J CO �I ' Commonwcalth of Virginia or any appropriate agency thereof concurrently grants to tFrederick Water all necessary permits for the continued operation, maintenance, inspection, repair, and replacement of its facilities in said location. ' 4.6. The Owner covenants that it is seised of and has the right to convey said Frederick Water Easements, rights, and privileges, that Frederick Water shall have quiet ' and peaceable possession, use, and enjoyment of the Frederick Water Easements, rights, and privileges, and that Owner shall execute such further assurances thereof as may be required. ' 4.7. In the event Frederick Water notifies Owner of a violation of the terms of this Frederick Water Easements and Owner does not cure such violation within thirty (30) ' days Frederick Water take to of such notice,. may such action as necessary cure such violation, ' including ingress and egress over any portion of Owner's property deemed necessary by Frederick Water to access the Frederick Water Easements or to enforce Frederick Water's ' righLs hereunder. All costs and expenses incurred by Frederick Water in exercising or enforcing its rights hereunder shall be paid or, at Frederick Water's election, reimbursed by Owner within thirty (30) days from the date Owner receives a bill or invoice from Frederick Water for such costs and expenses. If such costs and expenses are not paid within the thirty ' (30) day period referenced in the preceding sentence, all such costs and expenses shall immediately commence bearing interest at the rate of twelve percent (12%) per year. ' Frederick Water shall have the right to enforce the terms of this Frederick Water Easements by any remedy available at law or in equity. ' 4.8. If Frederick Water is adjudicated the prevailing party in any judicial proceeding between the parties regarding enforcement of the Frederick Water Easements, Page 6 of 8 I U 0 01 c> J then Frederick Water shall be awarded its costs and expenses, including reasonable attorney a OD fees. 4.9. Declarants agree that the agreements and covenants stated in this Declaration are not covenants personal to Declarants but are covenants running with the land which are and shall be binding upon Declarants, their heirs, personal representatives, successors, and assigns. 5. Frederick County, Virginia, and The Frederick County Sanitation Authority by the signature of each of its authorized agents on the Plat do accept the dedication to public domain and easements respectively herein described as such. WITNESS the following signatures and seals. SEAL) -I im STATE of.Flzo4Z[D CITY/COUNTY of TO -WIT: � �� The foregoing instrument was acknowledged before me this day of �� C�akUBIN 20,2{l, by Kimerly G. Henry. VV UU a1 My commission expires Q2 -,) L2- Registration No. U G WT42,b 0� 1111111111///�� XNt IYNN SyFA���i 0;a4�PJt 1s2a� OGG 161420 ` .. ... .iO�•'. oy�/ndad lho�. tom:; aQ\ .. ...... ... ..... ..... 'Pi'••Nola Ser' O<k-'� ...... .. A61 Page 7 of 8 I. (SEAL) ) Paula O. Henry, by John Willi gham, her attorney in fact under Power of Attorney, dated February 16, 2021 Powo,dAttom�t itacardtrd p C.i�Fvi Widodck County, VA/ Circuit Court COMMONWEALTH OF VIRGINIA, CITY OF WINCHESTER, TO -WIT: The foregoing instrument was acknowledged before me this TS_f6 day of "2021, by John Willingham, attorney in fact for Paula O. Henry , under Power of Attomedated February 16, 202 1.- -1 My commission expires Registration No.6 J C3� ary Public Stephanie Jo I'll 1 Commonwealth IV rginia Notary Public i �l1 Commission No. 7162129 ew 7/31/2022 This Document Prepared by: MY Commission Expires Benjamin M. Butler, Esq. 112 S. Cameron St Winchester, VA 22601 Va. State Bar 403157 Page 8 of 8 Aft m _ P � rrt Oa SITE a V 1CINI 0 0' V I( �� a�LL7BEg YVI LL E AVENUE ❑ EXIT 315- A MINOR SUBDIVISION ON THE LANDS OF THE KIMERL Y G. HENR Y ANO PAULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA OCTOBER 20, 2020 SURVEYORS CERTIFICATE I HEREBY CERTIFY THE PARCEL CONTAINED IN THIS MINOR SUBDIVISION IS THE LAND CONVEYED TO KIMERLY G. HENR YAND PAULA 0. HENRY FROM J. A DARLINGTON AND RUBY S. DARLINGTON BY DEED DATED JANUARY 28, 1988 OF RECORD IN DEED BOOK 671 ON PAGE 710, OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE. GAR R. OATES, LAND SURVEYOR AREA TABULATION PARCEL ZONED USE EX. AREA AD]. AREA 54-(A)-97F B-2 VACANT 16.29SAC. 7.966AC. 54-(A)-97U B-2 VACANT N/A 8.204 AC. R.O. W. DEDIC477ON B-2 VACANT N/A 0.125 AC. TOTAL 16.195 AC 16.295 AC. NOTES 1. A FIELD SURVEY WAS PERFORMED BYGREYWOLFE, INC. IN OCTOBER OF2020. 2. BASIS OF MERIDIAN IS GRID NORTH OF THE VIRGINIA STATE PLANE COORDINATE SYSTEM. 3. A TITLE REPORT HAS NOT BEEN FURNISHED; THEREFORE, OTHER EASEMENTS OR ENCUMBRANCES MAY EXIST THAT ARE NOT SHOWN ON THIS PLAT. 4. THERE WAS NO REA DIL Y A PPA REN T EVIDENCE OF CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES. 5. THIS PARCEL IS LOCATED ON FL00D INSURANCE RATE MAPS No. 51069CO209 IN FLOOD ZONE X'AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2, 2009. APPROVAL ' O FREDERICK WATER DATE OF Lr�C VIRGIN A DEPAIME TRANSPORT DATE o�p1,TH Z rREbERICK COUN7Y SUBDIVISION ADMINISTRATOR DA E 1073 Redbud Road ;;, GreyWolfe, Inc. Winchester, VA22603 O u G Y ES v 1518-B /0 16 26 �qNO 4 4 Land Surveying and Consulting GreyWoifelnc§aol.com 540-667-2001 OFC S U RNj 540-545-4001 FAX DRAWN BY: GRO FILE NO: 0664 1 SHEET 1 OF 8 OWNERS CERTIFIC4TE C' rHISNINOR SUBDIVISION SURVEY OF THE LAND OF KlAfERLVG. HENRYAND PAULA 0. HENRYASAPPE4RS ON THE — ACCONPANYING PLAT IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. ATURE - KIMERLYG. RY C0j4At0NWfALaL0LVJRGI A TTCOUNTYO,Towff.THEFOREGOIIJGOVYNERSCERTIFIGiTEVIASACKIIOWLEDGEDBEFOREMETHIS r \\ . \\ `�C= , 1020, BY: PRINTED OWNER PRINTED NOTARYPUBLI(J SITU RCGIST�`NUMBER MY COMMISSION EXPIRES_,t .`SOL.OS �OIAR')- SEAL G 0'. A U B`"\a ' Cc, EAO\ �0. SI i ATURE- PAULA 0. HENRY b �O<l„ Willi+ hLim COMMONWEALTH OF VIRGINIA �_rt" ^ `,U� " CITY(C�&b*i`Y OF W ill �C om!; _ , TO IYFr.' THE FOREGOING OVINER S CERTIFICATE WAS ACKNOIVLEDGE BFORF ME THIS �n T �1�L YOF L�[f k 3ZSi - BY.' PRINTED OWNER �7 PR! Y _ Stephanie Jo Webster Commomveallh of Virginia /ATUR REGISTRAT70NNUMBER d1 �o Notary Public �� M]�7 .i+� H Commission No. 7162129 d1YC0tlSSIOLJEXPIRfS Ut�l�V �h/ComMsslonExptres7/31Ra22 SEAL FINAL PLAT FOR A MINOR SUBDIVISION O^a�PLTH OF t, ON THE LAND OF KIMERL Y G. HENRY AND PA ULA O. HENRY G Y R. 0 TE �' STONEWALL MAGISTERIAL_ DISTRICT, FREDERICK COUNTY, VIRGINIA i0 IS IS - B 1073 Redbud Road 10'.20-ZC. A� GreyWolfe, Inc. Winchester, VA22603 <' �Q GreyWolfelnc@aol.com qNp SURvLand Surveying and Consulting 540 667 2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE._ OCTOBER 20, 2020 1 SCALE: n/a SHEET 2 OF 8 200' 0' 200' GRAPHIC SCALE r rr p -8 S 36 33 26 W 54.00' N" oL�O 54-(A)-97U KIMERLYG. HENRY, ETUX �. DB 671, PG 710 ZONED: B-2 ` 8.204 ACRES I I ' s ofLfso ;sr✓ 54-(A)-97F KIMERLY G. HENRY, ET UX DB 671, PG 710 ZONED: B-2 2^ Z966ACRES 5.00' STRIP HEREBY DEDICATE TO FREDERICK COUNTY iu FOR R.O. W. i # RADIUS ARC DELTA BEARING CHORD C-1 665 00' 673.67' 58002'35" S 00008'15" W 645.23' C-2 665.00' 47.53' 4005'44" S 31 °1275" W 47.53' C-3 25.00' 38.76' 8804953' S 6210831" W 34.99' C-4 25.00' 39.78' 91 °0951" S 0705146"E 35.71' C-5 425.00' 76.68' 10020'14" N 4104333' E 76.57' C-6 25.00' 45.38' 104000'12' N 0500625" W 39.40' C-7 6600' 105.10' 9°0320" S54°0738 "E 104.99' C-8 25.00' 37.33' 8503348" S 87037'07" W 33.96' C-9 300.00' 14.25' 2°4317" S46°11'51"W 14.25' C-10 375. 00' 72.00' °00'09" 11 S 42°0318' W 71.89' o a�PLTH OF C r U i1518-B 10 zo 2 SU FILE NO: 0664 FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y A ND PA ULA 0. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA GreyWolfe, Inc. i073Rer, VA2 60 ' Winchester, UA 22603 Land Surveying and Consulting GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 SCALE: 1 " = 200' SHEET 3 OF 8 8)-24 �\\RICHARO L. KENT TRANSFOR06304 ED: B-2 5/8 " IRF 54-(A)-97U KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 8.204 ACRES • 60' 0' 60' GRAPHIC SCALE ti�C�• Y��ry F \ SEE CURVE TABLE ON SHEET 3 ,CP1.TH OF `r'P C'r J1,518-B p /O26?,o O 0664 o \GAS MARKER 5 00' STRIP HEREBY 1 1 ADDED TO THE EX. 20' 1 SLOPEANO DRAINAGE ' 1 EASEMENT EX. 20'SLOPEAND DRAINAGE EASEMENT DB 754, PG 592 5.00' STRIP HEREBY DEDICATE TO FREDERICK COUNTY FOR R.O. W. STRATFORD 1 t DRIVE / Q FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PAULA O. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 10hesteGRedud Road GreyWolfe, Inc. VA2260 Winchester, VA Z2603 Land Surveying and Consulting GreyWolWnc@ao(.com 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 SCALE: 1 " = 60' SHEET 4 OF 8 54-(A)-97U KIMERLYG. HENRY, ETUX DB 671, PG 710 ZONED: B-2 / 8.204 ACRES / Of�F_ F / 54-(A)-97F KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 / h 7.966 ACRES QV ha% �1 Q � titi 5.00' STRIP HEREBY DEDICATE TO / FREDERICK COUNTY FOR R.O. W. / Sso / / / 60' 0' 60' / GRAPHIC SCALE i SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR LTH pp p VU15 A MINOR SUBDIVISION ON THE LAND OF KIMERLYG. HENRYAND PAULA 0. HENRY STONEWAL.L MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 4�i. GreyWolfe, Inc. 1073 Redbud Road Winchester, VA22603 Land Surveying and Consulting GreyWolfelncLSaoIcom 540-667-2001 OFC -540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 1 SCALE: 1 " = 60' SHEET 5 OF 8 c:r+ a M ti titi00 � 1/z'IRF h h1'tx 19 54-(A)-97H BOWMAN 8 BOWMA DB 680, PG 564 ZONED: B-2 C-3 " 19 00 6•,6., PP h0. s� j6 9� 1� 54-(A)-97G LES A. RIDGEWAY 090013309 ZONED: B-2 54-(A)-97i ISE ENTERPRISES, LLC 080005015 ZONED: B-2 N \ % IRF O o'tih 00 6S. 6 IRF / 54-(A)-97F KIMERLY G. HENRY, ET UX 3/8 " IRF DB 671, PG 710 ZONED: B-2 7.966 ACRES 0 \,r 'yh00 F,p Oh. \�9SF 54-(A)-97EMILL CREEK INVESTMENTS, LLC �j\Q ZNED., B- 95 ZONED., Aso 2 / FRATERNAL ORDER \ / OF EAGLES 04 040000864 ZONED: B-2 SEE CURVE TABLE ON SHEET 3 60' 0' 60' -D GRAPHIC SCALE s��9sO, �9 FINAL PLAT FOR NTH OF A MINOR SUBDIVISION A Lj� ON THE LAND OF KIMERL Y G, HENR Y AND PA ULA 0. HENR Y v A R UA I t5 D STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA N . 1518-B 1073 Redbud Road jl;. GreyWolfe, Inc. Winchester, VA2260.3 GreyWolfe1nc@ao%com qN0 SURv�w@ Land Surveying and Consulting 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 1 SCALE: 1 " = 60' SHEET 6 OF 8 54-(8)-41 KIMERLYG. HENRY, ET UX \ DB 801, PG 445 ZONED: B-2 -2 OJ Q- 0P 54-(A)-97M / / \ JAMES MICHAEL WILSON / 100011285 \ZONED:B-2 CANDON W. FURLONG. DB 777, PG 1870 N, \0 ZONED: D: B- B-2 54-(A)-971 DO/ JEFFREY G. JENKINS, ET UX ado 050008754 ZONED: B-2 \ �o EX. 30' DRAINAGE EASEMENT DB 701, PG 566 54-(A)-97i REASE ENTERPRISES, LLC 080005015 ZONED: B-1 HATCHED AREA DENOTES A 15' WIDE DRAINAGE AND GRADING EASEMENT HEREBYDEDICATED %"IRF _Y 54-(A)-97F KIMEDB 671H N ER Y, ET ZONED: B-2 UX 7.96E ACRES of�fs� e�J✓y, 0C� NTH OF Ll�C � fz UO V FC y /O-zn.2 `��o SURv�yo� NO: 0664 54-(8)-41 KIMERLY G. HENRY, ET UX DB 801, PG 445 ZONED: B-2 s SJ,�6`�6' F s '�1 X. 30' DRAINAGE EASEMENT DB 709, PG 773 s/a " IRF X. 30' DRAINAGE EASEMENT DB 701, PG 566 54-(A)-97U KIMERLYG. HENRY, ETUX DB 671, PG 710 ZONED: B-2 8.204 ACRES 60' 0' 60' GRAPHIC SCALE FINAL PLAT FOR A MINOR SUBDIVISION ON THE LAND OF KIMERL Y G. HENR Y AND PAULA 0. HENR Y STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1073ReRoad GreyWolfe, Inc Winchesterr,, VVAA 22603 i46� Land Surveying and Consulting is, GreyWolfelncL@aol.com 540-667-2001 OFC 540-545-4001 FAX DATE: OCTOBER 20, 2020 1 SCALE: 1 " : 60' SHEET 7 OF 8 E)(.5'SLOPEAND \ rr7 0,T DRAINAGE EASEMENT DB 801, PG 449�Fp EX. SLOPE AND \ ARC DRAINAGE EASEMENT \ DB 754, PG 592 KIMERLYG. HENRY, ETUX \ DB 801, PG 445 n ZONED: B-2 �> O ARC EX. SANITARYSEWER 5/e IRF �40.09' EASEMENT / 0 s DB 801, PG 449 0 1 1 1 1 1 1 1 1 1 6 0� Tss S/s " IRF p d O 10, .ram 5/s "IRF � SEX. 30' DRAINAGE EASEMENT DB 709, PG 773 f/8 Pp'IRF r� �0 CROSS -HATCHED AREA DENOTES PROPOSED FREDERICK WATER EASEMENT OVER THE EXI577NG WATER LINE 2Z37 HATCHED AREA DENO7ES ADDITION TO EX. FREDERICK s WATER EASEMENT TO CREATE o A 20' WIDE EASEMENT OVER THE EXISTING SEWER LINE r 4 54-(8)-24 AND MANHOLE RICHARD L. KENT TRANSFORMER 04 ZONED: 2 ' B- 54-(A)-97U KIMERLYG. HENRY, ET UX DB 671, PG 710 ZONED: B-2 8, 204 ACRES Q4 . 60' 0' 60' GRAPHIC SCALE S/g " IRF SEE CURVE TABLE ON SHEET 3 FINAL PLAT FOR LTH OF A MINOR SUBDIVISION a�P �1� ON THE LAND OF cr KIMERLYG. HENRY AND PAULA O. HENRY U Y K. ES STONEWALL MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA 1518-8 1073 Redbud Road GreyWolfe, Inc. Winchester, VA22603 �9Np EAO� Land Surveying and Consulting GreyWo/felncCaao%com SURD 540-667-2001 OFC 540-545-4001 FAX FILE NO: 0664 DATE: OCTOBER 20, 2020 1 SCALE: 1 " : 60' SHEET 8 OF 8 Q0 0 0 VIRGINIA: FREDERICK COUNTY.SCT. This instrument of writing was produced to me on to'Z- ac at A,-� rn and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ N Its , and 58.1-801 have been paid, if assessable -70 , Clerk 0 \_J Juh• 2021 //em-y Rezoning TAX TICKET 11/5/21, 9:38 AM I i Untitled Page rA 4, Pay/Lookup mares Inquiry of Real Estate Map Number: 54 A 97U https://fctaxes.co.frederick.va.us/Applications/TR_Paytaxes/TicketsByMap.aspx?MACCT=8052376 1/1 ' Frederick County, Virginia IMPACT ANALYSIS STATEMENT AND REZONING APPLICATION MATERIALS FOR REZONING RF,V1F'WAND APPROVAL O r T 1-I 1:�, Paula Henry Property i TM54-A-97-U Stonewall Magisterial District t fulY 2021 Revised November 2021 Prcharcd by: Pennoni Associates Inc 117 F- Piccadilly Strcct SUItc 200 Winchcstcr, Virginia 22601 ' Phonc: 540-667-2139 0 • .lulu 202 l Henn, Rezating Table of Contents I. Application Form 11. Impact Analysis III. Agency Comments IV. Survey Plat and Deed V. Tax Ticket VI. Special Limited Power of Attorney 0 Jith, 2021 llemy Rezoning I APPLICATION • f!Off T� 117 East Piccadilly Street Winchester, VA 22601 Tel: 540 — 667 - 2139 Fax: 540 — 665 - 0493 WE ARE SENDING YOU ❑ Shop Drawings ❑ Copy of Letter LETTER OF TRANSMITTAL TO: Frederick County Planning & Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 DATE 11/4/2021 JOB NO. STNCM20001 ATTENTION Candice Perkins RE: I Paula Henry Property - Rezoning Application ® Attached ❑ Under separate cover via ❑ Prints ❑ Plans ❑ Change Order Z Document Hand Delivery the following items: ❑ Samples ❑ Specifications LIST OF ITEMS TRANSMITTED COPIES DATE NO: DESCRIPTION 1 Rezoning Application 1 Fee Check 1 Impact Analysis w/Rezoning Application submission items THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ® For review and comment ❑ ❑ FOR BIDS DUE ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO SIGNED: David Frank, PLA If enclosures are not as noted, kindly notify us at once. Received By: Date: TR8100 01/2016 0 0 Document Approval Form NOV - 5 2021 FREDERICK COUNTY PLANNING AND DEVELOPMENT PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time '1 Candice � �' Mark Dave Tyler John Wyatt COMMENTS: Received by Clerical Staff (Date & Time): 2% COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 29, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-21 FOR PAULA O. HENRY On behalf of the Frederick County Board of' Supervisors, you arc hereby notified of a public hearing being held on Wednesday, January 12, 2022, at 7:00 pm in the Board Roonl of' the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-21 for Paula O Henry, submitted by Pcnnoni Associates, Inc., to rezone 8.2+/- acres from the 132 (General Business) District to the I33 (Industrial Transition) District. The property is located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U. Citizens wishing to make public conlmcnt on a public hearing item arc strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at A,ww.lcvl.us/I1CMcctiiigs (Click on eConlnlcnt for the January 12, 2022, meeting). Email to County staffat kvacchio(u)fcva.us or sconriera,lcva.us Mail to Planning Department -January 12, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop of7'your conlnlents. General inquiries concerning the above itenl(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of aily other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMectints. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CE1'/pd 107 North Kent Street, Suitc 202 • Winchester, Virginia 22601-5000 ... This is to/ certify that the attached correspondence was mailed to the following on from tape Department of Planning and Development, Frederick Coun , Virginia: 54 - A- - 97-K 54 - A- - 97-S FURLONG LANDON W HENRY KIMBERLY G 971 OLD FACTORY RD 132 PORTO VECCHIO WAY STRASBURG VA 22657.4607 PALM BEACH GARDENS FL 33418-6223 54 - A- - 97-J 54 -8- - 24- JENKINS JEFFREY G KENT RICHARD L JENKINS ROSANNA M 484 FORT COLLIER RD 22603 5780 1631 REDBUD RD WINCHESTER VA WINCHESTER VA 22603.4763 54 - A- - 97-U HENRY PAULA 0 54 - A- - 97-1 40 112 STATE ST REASE ENTERPRISES LLC CHARLESTON SC 29401.2810 750 BAKER LN 22603.5757 WINCHESTER VA 54 - 8- - 42- HENRY KIMERLY G 54 - A- - 97-F 132 PORTO VECCHIO WAY HENRY KIMERLY G PALM BEACH GARDENS FL 33418.62: 132 PORTO VECCHIO WAY PALM BEACH GARDENS FL 33418.6223 54 - A- - 97-M - 1. 1.NTINGTON A WILSON JAMES MICHAEL HU MEADOWS HOMEOWNERS ASSOC WILSON AMY CIO DON BUTLER 236 DELMAS TRL 19 W S ST WINCHESTER VA 22602.2106 WINCHHEESTEERR VA 22601-4701 Candice i;erkins, Assistant Director Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, (��v►s��G , a Notary Public in and for the State and County aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the Dep en of Planning and Development, whose name is signed to the foregoing, dated 1 � ,� -21 _, has personally appeared before me and acknowledged the same in my State and tounty aforesaid. Given under my hand this ' day of 0 My commission expires on NOTARY PUBLIC _ — -„_ , PAMALA DEETER NOTARY PUBLIC REGISTRATION # 354471, COMMONWEALTH OF VIRGIN MY COMMISSION EXPIRE. GJ 'ice" DECEMBER•31,2021 COUNTY of F REDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 1, 2021 TO: THE API'LICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) IZE: REZONING APPLICATION #05-21 FOR PAULA 0 HENRY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 15, 2021, at 7:00 pin in the Board Room of' the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-21 for Paula. O Henry, submittccl by Pcnnoili Associates, Inc., to rezone 5.2+/- acres from the 132 (General Business) District to the 133 (Industrial Transition) District. The property is located at the intersection of Stratford Drive (Route 1350) and 1�01-t C011ier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U. Cltizclls wishing t0 make public comment oil a public hearing iteill al-C Stl-011gly C11COL11-agCCl to C10 SO ill writing rather than in person at the 111Cetlllg. Comments oil the above may be Submitted to the commission via: Electronic commenting on the County wcbsitc at www.lcva.us/PCMcctint;S (Click on eComment for the December 15, 2021, meeting). Email t0 County staff at kvacchio(a)fcva.us or sconncr a)1cva.us Mail to Planning Department -December 15, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your conllllents. General inquiries concerning the above itcm(s) may be addressed to the Department of Planning and Development between the hours of 5:00 a.m. and 5:00 p.m. Monday through I riday, 107 North Kent Street, Wincliestcr VA 22601, (540) 665-5651. Any subject i-11es(s), inclucling the full text of' any ordinance or of any other item(s) to be adopted are available at the Oflice of Planning and Development Or at: www. f cva.us/PCM cct i nos. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on 1 -)- I I I -,)- I from the Department of Planning and Development, Frederick County, Virginia: 54-A-97U 54-8-24 Henry Paula O Kent Richard L 40 %2 State St. 484 Fort Collier Rd Charleston, SC 29401 Winchester, VA 22603 54-A-971 54-A-97S Rease Enterprises LLC Henry Kimberly G 750 Baker Lane 132 Porto Vecchio Way Winchester, VA 22603 Palm Beach Gardens, FL 33418 54-8-42 54-A-97F Henry Kimerly G Henry Kimerly G 132 Porto Vecchio Way 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Palm Beach Gardens FL 33418 54L-1-1-53A 54-A-97M Huntington Meadows Homeowners Assoc. Wilson James Michael c/o Don Butler Wilson Amy 19 W. Boscawen St 236 Delmas Trail Winchester, VA 22601 Winchester, VA 22602 54-A-97 K Furlong Landon W 971 Old Factory Rd Strasburg, VA 22657 54-A-97J Jenkins Jeffrey G - Jenkins Rosanna M 1631 Redbud Rd e-'�........... Winchester, VA 22603 Candice E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK a Noiary Public in and frn• the qtat� a„ri C`n,,,,r., aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Planning and Development, whose name is signed to the foregoing, dated C --?- � , has personally appeared before me and acknowledged the same in my State an County aforesaid. Given under my hand this 1 day of wy)•(1)--e A a () D My commission expires on AKY'41U1%METER r," •-RY PUBL.IC RE ..:, xl 'n!•! •J 354A74 COMty t V1'<G;NIA MY C. I v i,-lES DL, _: 11. .:^'i V-VUSc T �,C I-) q, 0 � t\ 0k q P. + +U u_ 4RNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 17, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-21 FOR PAULA O HENRY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 1, 2021, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-21 for Paula O Henry, submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District. The property is located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.fcva.us/PCMeetinps-(Click on eComment for the December 1, 2021, meeting). Email to County staff at kvacchio(Ocva.us or sconner(a6cvam Mail to Planning Department -December 1, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMeetinp,s. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on —I t 17 d_ from the Department of Planning and Development, Frederick C01114, Vi -ginia: 54 - 8- - 24- KENT RICHARD L 484 FORT COLLIER RD WINCHESTER VA 22603.5780 54 - A- - 97-S HENRY KIMBERLY G 132 PORTO VECCHIO WAY PALM BEACH GARDENS FL 33418.6223 54 - 8- - 42- HENRY KIMERLY G 132 PORTO VECCHIO WAY PALM BEACH GARDENS FL 54 - A- - 97-M WILSON JAMES MICHAEL WILSON AMY 236 DELMAS TRL WINCHESTER VA 54 - A- - 97-K FURLONG LANDON W 971 OLD FACTORY RD STRASBURG VA 54 - A- - 97-J JENKINS JEFFREY G JENKINS ROSANNA M 1631 REDBUD RD WINCHESTER VA STATE OF VIRGINIA COUNTY OF FREIDERICK 33418.6223 22602.2106 22657.4607 54 - A- - 97-U HENRY PAULA 0 40 112 STATE ST CHARLESTON SC 29401.2010 54 - A- - 97-J JENKINS JEFFREY G JENKINS ROSANNA M 1631 REDBUD RD WINCHESTER VA 22603.4763 54 - A- - 97.1 REASE ENTERPRISES LLC 750 BAKER LN WINCHESTER VA 22603.5757 54 - A- - 97-F HENRY KIMERLY G 132 PORTO VECCHIO WAY PALM BEACH GARDENS iL 33418.6223 54L - 1. 1. 53-A HUNTINGTON MEADOWS HOMEOWNERS ASSOC CIO DON BUTLER 19 W BOSCAWEN ST WINCHESTER VA 22601.4701 22603.4763 andice-E. Perkins, AICP, CZA Assistant Director Frederick County Planning Dept. 0 Cl- 1, _G "uJo.-�;(�e.� , a Notary Public in and for the State and County aforesaid, do hereby certify that Candice E. Perkins, Assistant Director for the Department of Plan in and Development, whose name is signed to the foregoing, dated I/ /7 �-1 , has personally appeared before me and acknowledged the same in my Statt al d County aforesaid. Given under my hand this % 7 day of 0 Zi e /14- < U \l My commission expires on �,/ , v,.�>_e� "3 1�1 NOTA qY PUBlqg .�..,`i-t-,:j�-�- — J 1/:ftY f'I, EGI1 OOATIUF MMORIAL1,, iV6l; vF �Vn,IYDE MSSIGf;+:+ ,.s7i;>,; Fl yMMEiEfCi;?1W COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 17, 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION 1/05-21 FOR PAULA O HENRY On bclialf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 1, 2021, at 7:00 pm in the Board Room of' the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-21 for Paula O Henry, submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres from the 132 (General Business) District to the 133 (Industrial Transition) District. The property is located at the intersection of Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U. Citizens wishing to make public comment on a public licaring item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.fcva.us/PCMeetinws (Click on eComment for the December 1, 2021, meeting). Email to County staff at kvacchio a)Icva.us or sconner(r),fcva.Lis Mail to Planning Department -December 1, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the liours of 8:00 a.m. and 5:00 pan. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject Iiles(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMectints. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 RECEIVED N 0 V 2 9 1 FREDERICK COUNTY U TF PLANNING AND DEVELOPMENT 2 2 601>5 000 rt qq ii f f-% H - ; 7;vtir 2-0 Hasler j-77 NMI -02tP 11l17f2021 54L - 1. 1- 53-A HUNTINGTON MEADOWS HOMEOWNERS ASSOC CIO DON BUTLER 19 W BOSCAWEN ST WINCHESTER VA 22601.4701 FIRST. -CLASS :P:1C'_ $00.532 ZIP 22601 011D11646815 RETURN TO SENDER 1 NOT DELIVERABLE AS ADDRESSED I UNABLE TO FORWARD BC: 22601509999 *1417-01690-17-42 '11111t111'111111111.111111Jill 1111111 1]11fill I FREDERICK COUNTY DEPARTMENT OF PLANNING AND DEVELOPMENT MAP REQUEST DATE RECEIVED: 11/08/21 REQUESTED COMPLETION DATE: 11/16/21 REQUESTING AGENT: Pam STAFF MEMBER: Candice TYPE OF MAP: Comp Plan Transportation _ Locator ✓ TDR Ag & Forest District CIP _ Otllcr ✓ PIN: 54-A-97 U DESCRIPTION OF REQUEST: Rez. #05-21 Paula O. Henry going from B2 to B3 Thank You! Submit Go to avery.com/templates Use Avery Template 5161 i 54 - 8- - 41- HENRY KIMERLY G 132 PORTO VECCHIO WAY PALM BEACH GARDENS FL 54 . 8- - 41- HENRY KIMERLY G 132 PORTO VECCHIO WAY PALM BEACH GARDENS FL 54-8.-41- HENRY KIMERLY G 132 PORTO VECCHIO WAY 33418.6223 PALM BEACH GARDENS FL 33418.6223 54 - 8- - 41- HENRY KIMERLY G 132 PORTO VECCHIO WAY 33418.6223 PALM BEACH GARDENS FL 33418.6223 Etiquettes d'adresse Easy Peel' Allez a avery.ca/gabarits C,11, .,,,%•,v.c0F1,, pet%.r1h kcplwz a le hachure atin de reveler Ic rebord Pop-up i Utilisez le Gabarit Avery 5161 1 'A - COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 17. 2021 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #05-21 FOR PAULA O HENRY On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, December 1, 2021, at 7:00 pm in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning #05-21 for Paula O Henry, submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District. The property is located at the intersection of Stratford Driv nd Fort Collier Roa a Stonewall Magisterial District and is identified by Property Identification Numb 54-A-97U. Citizens wishing to make public co ment on a public hearing en are strongly encouraged to do so in writing rather than in person at the me ting. Comments on the a e may be submitted to the commission via. I _> ��1"-tv (( 9�� Electronic commenting on the County wWsite at www.fcva.us/PC'Meet(Click on eComment for the December 1, 2021. meeting). Email to County staff at kvacclilo a fcva.us or sconner&fcva.us Mail to Planning Department -December 1, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601. (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 Forth Kent Street. Suite 202 • Winchester, Virginia 22601-5000 �- u ! TO: Lance -DATA PROCESSING ADJOINING PROPERTY' OWNERS FROM: Pam -Planning Dept. I b I b R t. 41 l• I f! Please print a ea y N L , I L; THANKS! Owners of property adjoining the land will be notified of the Planniniz 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 and. property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested propert-. The applicant is required to obtain the follo«ving information on each adjoining property including the parcel identification number xx•hich may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick Counti- .4dministrative Building, 107 :'Forth Kent Street. Name and Property Identification lumber Address Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 ropem = 54 8 42 Name Kimerly G Henry132 Porto Vecchio Way Palm Beach Gardens, FL 33418 P pem = 54 8 41 Name James Michael & Amy Wilson 236 Delmas Trail Winchester, VA 22602 ropertm = 54 A 97M ame Landon W Furlong Vr 971 Old Factory Road Strasburg, VA 22657 opers = 54A 97K Name Jeffrey G & Rosanna M Jenkins 1631 Redbud Road Winchester, VA 22603 Propem = 54 A 97J Name Rease Enterprises, LLC 750 Baker Lane Winchester, VA 22603 Propem = 54 A 971 1-2me Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Property = 54 A 97F Name Huntington Meadows Homeowner Assoc. c/o Don Butler 19 W. Boscawen Street Winchester, VA 22601 Propem = 54L 11 53A Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Propem = 554 S 97L U Name and Properh Identification Number address Name Kimerly G Henry 132 Porto Vecchio Way Palm Beach Gardens, FL 33418 Propem = 54 A 97S Name Richard L Kent 484 Fort Collier Road Winchester, VA 22603 Propem = 54 8 24 Name Propem = Name Propem- Name Propem Name Propem} _ Name Propem = Name Propem = Name Property = Name Proper[% = Name Propem Name Propem = Name Propem = Name Property = 17 Go to avery.com/templates Use Avery Template 5161 1 54 - A- - 97-L 54 - A- - 97-L HENRY KIMERLY G HENRY KIMERLY G 132 PORTO VECCHIO WAY 132 PORTO VECCHIO WAY PALM BEACH GARDENS FL 33418.6223 PALM BEACH GARDENS FL 33418.6223 54 - A- - 97-L 54 - A- - 97-L HENRY KIMERLY G HENRY KIMERLY G 132 PORTO VECCHIO WAY 132 PORTO VECCHIO WAY PALM BEACH GARDENS FL 33418.6223 PALM BEACH GARDENS FL 33418.6223 Etiquettes d'adresse Easy Peel - 1, Pat. Itrpli4t„h l,achuw atin do raveler Io rebord Pop-up I Allez a averyca/gabarits Utillsez le Gabarit Avery 5161 J COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 1, 2021 TO: TI-IE APPLICANT(S) AND/OR AD.IOINING PROP ER"I-Y OWN I]R(S) RE: REZONING APPLICATION #05-21 FOR I'AULA O HENRY On behalf of the Frederick County 1'la1111111g C01111111SSi011, yoll al-C Ilel'Cby notified of'a public hearing being held on Wednesday, December 15, 2021, at 7:00 pm ill the Board Room of' the I-rcderick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the follo\ving application: Rezoninb #05-21 for Paula O Henry, submitted by Pcnnoni Associates, Inc., to rezone 8.2+/- acres from the B2 (General Business) District to the B3 (Industrial Transition) District. The property is located at the intersection of Stratford Drive (Route 1350) and fort COIIiCI' Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U. Citizens wishing to make public con-imC11t on a public hearing item are strongly encouraged to d10 So in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County website at www.leva.us/PCMeetinl,,s (Click on cCo1mment IOr the December 15, 2021, meeting). Email to County staff at kvacchio0fcva.us or scoilner(a),lcva.us Mail to Planning Department -December 15, Public I-Iearing Conlnlents, 107 N. Kent St., Winchester, VA 22601. Include your name, address and maglstcrlal district. In person by calling (540) 665-5651 to arrange to dh-Op Off you• comments. General inquiries concerning the above item(s) may be addressed to the Department of' Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.lcva.us/PCMectintis. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North KCilt Street, Suite 202 9 Winchester, Virginia 22601-5000 COUNTY of FREDERICK Department of Planning & Development 107 North Kent Street, Suite 202 Winchester, Virginia 22601 NO voA 2200 Hasler 12101 t2021 ZIP 22601 011D11646815 54L-1-1-53A REGOVED Huntington Meadows Homeowners Assoc. c/o Don Butler 19 W. Boscawen St DEC, Winchester, VA 22601 AIT yy�1r -s f.Yr• nA 1W7 nn� 4 •: 3. :. :. it L :i. V LS' 1 i. ) t i ) L r,r)UNTY RETURN TO SENDER FRS^�n'ru L k = �.LOPMENT UNCLAIMED UNABLE TO FORWARD PLAM N' _Y$'$ i J'a p 8'9'9 i fii a""V'Ji93iv L" i 1 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING November 17, 2021 TO: "ITIE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICA'I'ION #05-21 FOR PAULA O I-IENRY On behalf of the Frederick County Planning Commission, you arc hereby notified ol' a public hearing being held on Wednesday, December 1, 2021, at 7:00 pm in the Board Room of' the Frederick County Administration Building at 107 North Kent Strect, Winchester, Virginia to consider the following application: Rezoning #05-21 for Paula O Henry, submitted by Pcmlonl Associates, Inc., to rezone 5.2+/- acres from the B2 (General Business) District to the B3 (Industrial TI-allSltloll) District. The property is located at the intersection of Stratford Drive (Route 1350) and Dort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Number 54-A-97U. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Comments on the above may be submitted to the commission via: Electronic commenting on the County websitc at www.lcva.us/PCMcetings (Click on eConlnlent for the December 1, 2021, meeting). Email to County staff at kvacchio(aNcva.us or sconncr((1fcva.us Mail to Planning Department -December 1, Public Hearing Comments, 107 N. Kent St., Winchester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above item(s) may be addressed to the Department of Planning and Development between the hours of' 5:00 a.m. and 5:00 p.m. Monday through Priday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the full text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.fcva.us/PCMectin�n's. Sincerely, Candice E. Perkins, AICP, CZA Assistant Director CEP/pd m 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 RECEIVED DEC 2 2021 FI3EDERICK COUMry PLANNING AND DEVELOPMENT COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Pax: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING December 1, 2021 TO: 'ITIE APPLICANT(S) AND/OR ADJOINING PROPER"fY OWNER(S) RE: REZONING APPLICATION #05-21 FOR I'AULA O I-IENRY On bchall' of the Frederick County Ilanning CoillllliSSloll, you arc hereby notified of a public hearing being lield on Wednesday, December 15, 2021, at 7:00 pm in the Board Room of' the Frederick County Administration Building at 107 North Kent SU-ect, Winchester, Virginia to consider the following application: Rezoning #05-21 for Paula O Henry, submitted by Pennoni Associates, Inc., to rezone 8.2+/- acres fi-om the 132 (General Business) District to the 133 (Industrial Transition) District. The property is located at the intersection of' Stratford Drive (Route 1350) and Fort Collier Road (Route 1322) in the Stonewall Magisterial District and is identified by Property Identification Numbcr 54-A-97U. Citizens wishing to make public comment on a public hearing item are strongly encouraged to do so in writing rather than in person at the meeting. Continents on the above may be submitted to the commission via: Electronic commenting on the County website at \vww.lcva.us/PCMeetinl (Click on cComment for the December 15, 2021, meeting). Email to County staffat kvaccliio(cr>icva.us or sconnel-0),Immis Mail to Planning Department -December 15, Public Hearing Comments, 107 N. Kcnt St., Winclester, VA 22601. Include your name, address and magisterial district. In person by calling (540) 665-5651 to arrange to drop off your comments. General inquiries concerning the above itcm(s) may be addressed to the Department of Planning and Development between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday, 107 North Kent Street, Winchester VA 22601, (540) 665-5651. Any subject files(s), including the hill text of any ordinance or of any other item(s) to be adopted are available at the Office of Planning and Development or at: www.Icva.us/PCMectini,,s. Sincerely Candice E. Perkins, AICP, CZA Assistant Director CEP/pd 107 North Kent Strect, Suite 202 9 Winchester, Virginia 22601-5000 COl NTN' of FREDF.RWK 1�� IklrrrUnrnt ut I'I,uinin,_ .` Ih•�rl��lmient 107 North Kent Strcct. ~uric 202 V1'inehc,,tcr. \'ir-,inia 22601 54-A-97 U Henry Paula O RECEIVED 40 Yz State St. Charleston, SC 29401 FREDERICK COUNTY PLANNING AND DEVELOPMENT riv '��cpR�crs n NOVA ?20 2021 PIS ri Hasler To Kim $00.53' DID 22601 011D1164681= Z rUKWAR U 11Mty t'X� 'k. 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