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HomeMy WebLinkAbout06-12 300N LLC Shawnee 2 Lots 6.67 Acres - BackfileSUBDIVISION CHECKLIST 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT Sanitation Authority Inspections Department Fire Marshall City of Winchester GIS Health Department Parks & Recreation County Engineer 2. One copy of the subdivision application TRACKING SHEET 7 Application received % Fee paid ( $ �d To be filled in if an MDP is associated with this subdivision MDP # Approved by BOS: Admin. Approval Information entered in D-base and Reference Manual WA, Application Action Summary updated �3- Plat(s) signed by Subdivision Administrator / Approval letter to applicant/copy to file & cc's Copy of final subdivision plat(s) [with signatures] made and given to GIS for structure numbering assignment Updated D-base and Reference Manual Application Action Summary updated Final plat(s) submitted with review agency signatures along with: Recorded Deed of Dedication Sys ID # Bond estimate (if required) $_ VICINITY MAP 1 " = 2000' APPLE BLOSSOM MALL •:� SITE 90 ti� o o a so AIRPORT FINAL PLAT OF A SUBDIVISION OF TAX PARCEL 64-(1) Al SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DECEMBER 3, 2012 OWNERS CERTIFICATE THE ABOVEAND FOREGOING SUBDIVISION SURVEY OF THE LAND OF 300N, LLC, AS APPEARS ON THE ACCOMPANYING PLAT, 15 WITH THE CONSENT OFAND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. SIGNATURE -AUTHORIZED REPRESENTA77* 01`300N, LLC tOMMONN�EALTN Of V/IRGINIA CITY/COUNTY OF� } a - , TO W,7..•THE FOREGOING OWNERS CER77FICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF IAA , 20(, BY: 300 AI u 4 OmN RM FRYE PRINTED OWNER NOTAAYK&ICiSM COMMONYYFIILTN OFVIROM IG� NOTARYPUBLIC Mt'OOMM WNE%PIRESAU =$l 20t5 PRINTED NOTARYAUBLIC 13 �q a 3 MY COMMISSION EXPIRES 8 -3 ( 'all S REGISTRATION NUMBER SURVEYORS CERTIFICATE 1 HEREBY CERTIFY THAT THE PARCEL CONTAINED IN THIS SUBDIVISION SURVEY IS THE LAND CONVEYED TO 300N, LLC, FROM MARK B. CALLAHAN, SUBSTITUTE TRUSTEE FOR VARDHAMAN, LLC, BY DEED OFRECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT 110006200 DATED 1ULY 11, 2011. GARYR OATES, LAND SURVEYOR PARCELS APPROVAL 64-(1)-AI 64-(1)-A2 Z.294 acres 4.373 acres Zoned: 0-3 Zoned: 8 3 F DERICK COUNTY SU8DIV ION ADMI STRATOR DATE �p,LTH Op` FREDUNTYSANITA770 A&NORITY DATE 2 (0 VIRGINIA D ARTMENT OF MASPORTA77ON DATE 1073 Redbud Road G R TES D Lic.. o. 1518-B*540-545-4001 GreyWolfe, Inc. Winchester, VA 22603 /1-3-/� Land Surveying and Consulting GreyWolfelnc@aol.com 540-667-2001 OFC qN0 SUP,\j FAX DRAWN BY: GRO FILE NO: 0346 SHEET 1 OF 2 e 64B-(A)-10/z'IRfO� T. E. HOMAN 040010397 I �- ZONED: RA 648-(A)-16 USE: RES. , BILL & BILLS AUTO SERVICE, INC. 010008067 ZONED: B-1 1/7 " IRF O. I USE: AUTO 64B-(A)-22 BILL & BILLS AUTO / SERVICE, INC. 010006065 0 �� ZONED: RA I ,� °titi USE. • AUTO. I / b�0 �p J� l 64-(1)-Al 2.294 AC. f 64B'(A).21 II 1 / N� �g;ro 1 6 R. H. TURNER 050030303 I tip hct ZONED: RA a o USE; RES. II ebb I �� MI x� ` h 64-(I)-A2 I 4.373 AC. / 5" TRIANGULAR STONE FOUND l ti 1 S 64-(A)-88 WINCHESTER REGIONAL AIRPORT OB 659, PG 175 \ \ ZONED: RA USE: AIRPORT \ \ p \ 1/z°IRf L.5 R7E521- FRONT ROYAL PIKE - R.O. W. VARIES S/ "IRF WITH VDOT �� R.6. W.� PLASTIC CAPS 64-(A)-A3 SHENANDOAH IRF UNIVERSITY 080007627 I' IPF - ZONED: 8-2, B-3 USE: VACANT S� PROPOSED 20' UTILITY ESMT FOR 64-(1)-A2 O RAILROAD SPIKE fND. 64-(A)-A N SUMMIT COMMUNITY BANK 100005431 4, ZONED: 8-2, B-3 ti 3 USE: VACANT �a �! WINCREST DRIVE NOTE e THIS PRIVATE RIGHT Of WAY WAS DEDICATED IN DB 634 ON PG 51 FOR ALL ADJOINING PARCELS. THEAPPROVED MASTER DEVELOPMENT PLAN 15.07 .�W BY SHENANDOAH UNIVERSITY FOR THE DIVISION Of o� - • 64-(A)-A INTO FOUR LOTS PROPOSED TO EXTEND THE RIGHT Of WAYACROSS THEIR PROPERTY. THIS vl \ ROAD DOES NOT MEET THE VIRGINIA SECONDARY I I STREETACCEPTANCE REQUIREMENTS NECESSARY FOR INCLUSION IN THE SYSTEM OF STATE HIGHWAYS -�— AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR FREDERICK COUNTY. THIS ROAD 15 NOT ELIGIBLE FOR ANY FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY AND ALLOCATED BY THE COMMONWEALTH TRANSPORTATION BOARD. 64-(A)-A4 SHENANDOAH UNIVERSITY 080007827 ZONED: B-2, 5-3 USE: VACANT UNE BEARING LENGTH L-1 N 23°2153" E 65.46' L-1 N 6602120" W 241,14' L-3 N 06'40'05" W 38.60' L-4 N 54057'07" E 25.54' L-5 N 1404326" W 12.43' C 6 S 66°2101 " E I 17763' RADIUS I ARC I DELTA I BEARING CHORD C--1 1 577.77198.04'1 1903821 " 1 S 76°IO'11 ° E 197.07' GENERAL NOTES 1. A TITLE REPORT HAS NOT BEEN FURNISHED. EASEMENTS OR OTHER ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN. 2. BASIS Of MERIDIAN IS PLAT OF RECORD AT INSTRUMENT 060021845. 3. THESE PARCELS ARE LOCATED ON FLOOD INSURANCE RATE MAPS No. 51069CO200D IN FLOOD ZONE 'X' AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 1, 2009. 4. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES ABBREVIATIONS LEGEND BRL = BUILDING RESTRICTION LINE O = PROPERTY CORNER FOUND DB = DEED BOOK IRF = IRON ROD FOUND B = PROPERTY CORNER SET IRS = IRON ROD SET 5/8" X 24" REBAR WITH PG = PAGE 200 O 200 YELLOW PLASTIC CAP RES. = RESIDENTIAL R.O. W. = RIGHT OF WAY GRAPHIC SCALE FINAL PLAT OF �, pNLTH OFGf SUBDIVISION OF TAX PARCEL 64-(1) AI 2 SHAWNEE MAGISTERIAL DISTRICT G R R. T S FREDERICK COUNTY, VIRGINIA Lic. No. 1518-B I z-3 _ I L 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 AND SUR�Land Surveying and Consulting G540-667-2001 OFCm 540-545-4001 FAX FILE NO: 0346 DATE: DECEMBER 3, 2012 1 SCALE: 1'=200' 1 SHEET 2 OF 2 VIRGINIA: FR-DFRICK COUNTY.SCf. This instrument of writing was produced to me on 3-1$-13 at ,55,4.1w and with certificate acknowledgement thereto annexed was admitted to record. Tax imposed by Sec.58.1-802 of 00 $, and 58.1-801 have been paid, if assessable. � �O tea., , Clerk 7563-10535 EBY/ab M r 13000 3033 THIS DEED and RESERVATION OF EASEMENT, made and dated this 13" day of March, 2013, by and between 300N. LLC, a West Virginia Limited Liability Company, hereinafter called the Grantor, and BLUE RIDGE HOSPICE. INC., a Virginia Corporation, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, with survivorship as at common law, together with all rights, rights of way, privileges, improvements thereon and appurtenances thereto belonging, all of the following realty: All that certain lot or parcel of land, together with all improvements thereon situate in the Shawnee Magisterial District, Frederick County, Virginia, containing 2.294 acres, more or less, and identified as 64-1-A1 as shown on Final Plat of Subdivision of Gary R. Oates, L.S. dated December 3, 2012 attached hereto and incorporated herein. AND BEING a portion of the same property conveyed to 300N, LLC by deed dated July 11, 2011 from Mark B. Callahan, Substitute Trustee of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia as Instrument No. 110006200. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantor herein hereby reserves a 20' utility easement across the subject property for the benefit of the Grantor's'remaining parcel (64-I-A2). Said easement is depicted on the attached plat as "Proposed 20' Utility Easement". This easement is for all utilities including water, sewer, electric, gas, phone, etc. If in the future the Frederick County Sanitation Authority needs an easement for water and sewer to the Grantor's remaining parcel the Grantee will grant a 20' easement for water and sewer as long as its location does not hinder the Grantee's use of its facility. The Grantee joins in the execution of the deed to acknowledge this reservation of easements. The Grantor does hereby covenant that it has the right to convey to the Grantees; that the Grantees shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and it will grant such further assurances of title as may be requisite. WITNESS the following signature and seal: 300N, LLC, a West Virginia Limited liability Company BY `� (SEAL) PATRICK N. FRYE, AUTHORIZED REPRESENTATIVE STATE OF _ tS4 V i l'G CITY/COUNTY OF Q IA L_i , To -wit: k i -f C .r, A eS , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Patrick N. Frye, Authorized Representative of 300N, LLC, a West Virginia Limited Liability Company, whose name is signed to the foregoing Deed, dated the day of Match, 2013, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this J3-1 day of Match, 2013. 7 fD otary Pub is My Commission expires: Notary Registration #: OFFICIAL SEAL s NOTARY PUBLIC t STATE OF WEST VIRGINIA y V� JULIE A. CRITES SUMMIT FINANCIALGROUP ,., P. 0. BOX 179- 300 N. MAIN ST. • MOOREFIELD. WV 26536 • suuam My cornmiaaion expires January 10. 2019 CD v W BLUE RIDGE HOSPICE, INC. BY " 0,61 ER EST J. ARNEVA , JR. XECUTIVE DIRECTOR STATE OFy� rAnwo. CITY1G9F3AI•TY OF W To -wit: I, U� W . V:1 ram' , a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Ernest J. Carnevale, Jr., Executive Director of Blue Ridge Hospice, Inc. a Virginia Corporation, whose name is signed to the foregoing Deed, dated the 1 day of March, 2013, has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 13 day of March, 2013. •••.`W"8'`'�',�� Notary Public =••`QQ T My Commission expires: Q12i Lo►S puBUC Notary Registration #: I 1 to 63'7 S1 C:\WPDOCS\Deed\blueridgehospice.wpd 648-(A)-20 T. E. HOMAN 040010397 ZONED: RA 648-(A)-26 USE: RES. BILL & BILLS AUTO , SERVICE, INC. 010008067 ZONED: B-1 1/z " IRF USE: AUTO , 64B-(A)-22 / BILL & BILLS AUTO SERVICE, INC. 1/2 IRF L.5 RTE 522 - FRONT ROYAL PIKE- R.O.W. VARIES "3� ��•-- --- / 7 lj ' R. W. PLASTIC CAPS / ', 64-(A) A3 l / p i �/SHE/ I NDOAH UNIVERSITY /z IRF 080007827 1 " IPF - ZONED: 8-2, B-3 USE. VACANT v 010008065 ZONED: RA I aN'ti pti USE: AUTO. I bb J~ I 64-(1)-A1 I / 2.294 AC. °v I� �- I I 64B'(A)-21 I I R. H. TURNER I a I p 050030303 I ;� ZONED: RA USE; RES. 11 ebb /a I ti 5" TRIANGULAR STONE FOUND � s � 64-(A)-88 \ WINCHESTER \ REGIONAL AIRPORT \ DB 659, PG 175 \ ZONED: RA USE: AIRPORT • \ '/z "IRF PROPOSED 20' UTILITY ESMT FOR 64-(1)-A2INN ,O RAILROAD SPIKE FND. 64-(A)-A SUMMIT COMMUNITY BANK 100005431 1 ZONED: 8-2, 8-3 USE: VACANT Q I WINCREST DRIVE NOTE THIS PRIVATE RIGHT OF WAY WAS DEDICATED IN e DB 634 ON PG 51 FOR ALL ADJOINING PARCELS. THE APPROVED MASTER DEVELOPMENT PLAN 15-07 ti BYSHENANDOAH UNIVERSITY FOR THE DIVISION OF 64-(A)-A INTO FOUR LOTS PROPOSED TO EXTEND THE RIGHT OF WAYACROSS THEIR PROPERTY. THIS vl \ ROAD DOES NOT MEET THE VIRGINIA SECONDARY I STREET ACCEPTANCE REQUIREMENTS NECESSARY FOR INCLUSION IN THE SYSTEM OF STATE HIGHWAYS AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR FREDERICK COUNTY. THIS ROAD IS NOT ELIGIBLE FOR ANY FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY AND ALLOCATED BY THE COMMONWEALTH TRANSPORTATION BOARD. 64-(A)-A4 SHENANDOAH UNIVERSITY 080007827 ZONED: B-2, B-3 USE., VACANT LINE BEARING LENGTH L-1 N 23°2253" E 65.46' L-2 N 66021'20" W 241.14' L-3 N 06040'05" W 38.60' L-4 I N 54057'07" E 25.54' L-5 IN 14°43'26" W 12,43' L-6 I S 66021'01"E 177,63' # RADIUS ARC DELTA BEARING CHORD C-1 577.77' 198, 04' 1903821 " S 76010'11 " E 197. 07' GENERAL NOTES 1. A TITLE REPORT HAS NOT BEEN FURNISHED. EASEMENTS OR OTHER ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN. 2. BASIS OF MERIDIAN IS PLAT OF RECORD AT INSTRUMENT 060021845. 3. THESE PARCELS ARE LOCATED ON FLOOD INSURANCE RATE MAPS No. 51069CO200D IN FLOOD ZONE X' AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2, 2009. 4. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES ABBREVIATIONS BRL = BUILDING RESTRICTION LINE DB = DEED BOOK IRF = IRON ROD FOUND IRS = IRON ROD SET PG = PAGE RES. = RESIDENTIAL R. 0. W. = RIGHT OF WAY -p,LTH U,c Lic. No. 1518-B qN0 SURv�yO LEGEND O = PROPERTY CORNER FOUND O = PROPERTY CORNER SET 200' 0' 200' 5/8"X 24" REBAR WITH YELLOW PLASTIC CAP GRAPHIC SCALE FINAL PLAT OF SUBDIVISION OF TAX PARCEL 64-(l) Al SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA GreyWolfe, Inc. Land Surveying and Consulting 1073 Redbud Road Winchester, VA 22603 GreyWolfelnc@aol.com 540-667-2001 OFC 540-545-4001 FAX I I FILE NO: 0346 I DATE: DECEMBER 3, 2012 1 SCALE: 1 "=200' 1 SHEET 2 OF 2 COUNTY of FREDERICK Department of Planning and Development 5401665-5651 FAX: 540/665-6395 February 28, 2013 Ms. Gary R. Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 RE: SUBDIVISION AND WAIVER REQUEST #06-12 OF 300N, LLC Dear Gary: This letter is to confirm that the above -referenced request for subdivision of 6.67 acres, creating two parcels of 2.3 acres and 4.373 acres, was reviewed by the Frederick County Board of Supervisors at their meeting on February 27, 2013, and administrative approval authority was granted to staff. The Board of Supervisors also approved your request of a waiver from Section 144-24C of the Frederick County Code to allow these parcels to be served by a private access. Access to these parcels will be via the existing private 60 foot ingress/egress (Wincrest Drive) from Front Royal Pike (Route 522 South). The property is located adjacent and east of Route 522, .50 miles south of the intersection of Route 522 and Route 50, at 186 Wincrest Drive and is identified by Property Identification Number 64-1-A1 in the Shawnee Magisterial District. I am attaching three properly signed plats for the subject property. If you have any questions regarding the approval of this subdivision, please feel free to call this office. Sincerely, , �lar' k'hh Zoning Administrator MRC/bad cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 cO°�� SUBDIVISION REQUEST #06-12 300N, LLC Staff Report for the Board of Supervisors Prepared: February 21, 2013 Staff Contact: Mark R. Cheran, Zoning and Subdivision Administrator Reviewed Action Planning Commission 02/20/13 Recommended Approval Board of Supervisors: 02/27/13 Pending LOCATION: The subject property is located adjacent and east of Route 522, .50 miles south of the intersection of Route 522 and Route 50, at 186 Wincrest Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-1-A 1 EXECUTIVE SUMMARY FOR 02/27/13 BOARD OF SUPERVISORS MEETING: In order for the proposed commercial lots on the 300N, LLC property to be subdivided utilizing private roads, the Board of Supervisors will need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Section 144-24C requires the use of public roads to access each lot. At their meeting on February 20, 2013, the Planning Commission unanimously recommended approval of the waiver of the public road requirement, and also recommended administrative approval authority for the two -lot subdivision. The Board is asked to consider two actions: • Action regarding the waiver of the public road requirement. • Action regarding administrative approval authority for two -lot subdivision. Subdivision Request #06-12, 300N, LLC February 21, 2013 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 in the review of this application. It may also be useful to others interested in this zoning matter. LOCATION: The subject property is located adjacent and east of Route 522,50 miles south of the intersection of Route 522 and Route 50, at 186 Wincrest Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-1-Al PROPERTY ZONING & PRESENT USE: B3 (Business Industrial Transition) District Land Use: Office/Warehouse ADJOINING PROPERTY ZONING & USE: North: B2 (Business General) South: RA (Rural Areas) East: RA (Rural Areas) West: B1 (Business Neighborhood) M2 (Industrial General) Use: Vacant Use: Residential/Public Garage Use: Airport Use: Residential/Industrial SUBDIVISION SPECIFICS: Subdivision of 6.67 acres into two (2) parcels of 2.3 acres and 4.373. Fire and Rescue: No comments Winchester Regional Airport: Rezoning should not impact operations at the Winchester Regional Airport with the existing structures and use. My only comment would be that the owner be made aware of the proximity of the site within the approach surface of the runway and the likelihood on noise from arriving and departing aircraft. Any proposed new construction would be reviewed for impacts as part of the regular site plan review process. Subdivision Request #06-12, 300N, LLC February 21, 2013 Page 3 Planning: When Frederick County adopted zoning in 1967, this property was zoned B3 (Industrial Transition Business) District, and had no approved Master Development Plan (MDP). This request is for subdivision of a 6.67+/- acre parcel into two (2) parcels of 6.67+/- acres and 2.3+/- acres. These parcels are located within and the Sewer and Water Service Area (SWSA), as indicated by the 2030 Comprehensive Policy Plan of Frederick County. Staff Review: The Subdivision Ordinance requires that land divisions in the B3 Zoning District without an approved Master Development Plan (MDP) be presented to the Planning Commission and Board of Supervisors for final approval (Chapter I44-12-B). This proposed subdivision has met the requirements for a waiver from the MDP requirements, and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, the Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. Requested Waivers: The applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow these parcels to be served by a private access. This Section of The Frederick County Code requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to these parcels will be via the existing private 60 foot ingress/egress (Wincrest Drive) from Front Royal Pike (Route 522 South). PLANNING COMMISSION SUMMARY & RECOMMENDATION OF 2/20/13: Some members of the Commission had questions about whether additional development could occur at the rear of this property, which could potentially create traffic problems on Route 522. Staff noted the owner has by -right development rights under the B3 zoning and can fully develop the property with site plan approval. Staff pointed out the owner is simply requesting a waiver so they will not have to construct a public street. Staff noted that Wincrest Drive will still have to be built to private road standards with an asphalt environment. Members of the Planning Commission believed this waiver made sense for this particular site, since the owner can, by right, develop this property and traffic concerns will not be mitigated if the waiver is or is not granted. By a unanimous vote, the Planning Commission recommended the approval of the waiver of the public road requirement. The Planning Commission next recommended approval of allowing administrative approval authority for the two -lot subdivision, also by a unanimous vote. (Note: Commissioners Manuel and Oates abstained from discussion and voting.) Subdivision Request #06-12, 300N, LLC February 21, 2013 Page 4 STAFF RECOMMENDATION FOR 02/27/13 BOARD OF SUPERVISORS MEETING: In order for the proposed commercial lots on the 300N, LLC property to be subdivided utilizing private roads, the Board of Supervisors will need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Section 144-24C requires the use of public roads to access each lot. At their meeting on February 20, 2013, the Planning Commission unanimously recommended approval of the waiver of the public road requirement, and also recommended administrative approval authority for the two -lot subdivision. The Board is asked to consider two actions: • Action regarding the waiver of the public road requirement. • Action regarding administrative approval authority for two -lot subdivision. rs'aTe ea wo ,. _� f 1 I I i ICJ/ � .. -!■�' a Applications Parcels ate: Building Footprints ,4 `i 61 (Business, Neighborhood District) / `^ , ■ • 4111111111, B2 (Business, General District) B3 (Business, Industrial Transition District) EM (Extractive Manufacturing District) �E( HE (Higher Education District) BUFFLICK RD ' M1 (Industrial, Light District) i <. U► M2 (Industrial, General District) MH1 (Mobile Home Community District) t+l - MS (Medical Support District) OM (Office - Manufacturing Park) R4 (Residential Planned Community District) R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) Note: SUB # 06 - 12 Frederick County Dept of Planning &Development 3O0N LLC Subdivision 107 N Kentt St Request suite 202 Winchester, VA 22601 PINS: 540 - 665 - 5651 64 - 1 -Al Map Created: January 31, 2012 Staff: mcheran 0 165 330 660 Feet APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Date: Application # �- _" MDP?' Yes No If no, had MDPkequirement been waived by the Planning Director? Yes No If MDP requirement has not been N aived, fill in the following public hearing dates: Planning Commission: Q Board of Supervisors:_ Applicant/Agent: ' �,v c. C� ✓ lJi9 ''� Address: lO"7 kryRvD Phone Number: C -7 o� Owner's Name: boo /J , L L (— Address: P. t IS 6 � i -7 9 Phone Number: (5 `(� r34 -rZ / 0 Please list names of all owners, principals, and/or majority stockholders: Contact Person: Gt`- all TL Phone Number: ��`{�� �,� 7 z6cl l NAME OF SUBDIVISION: Number of Lots: Total Acreage: • 6 7 Property Location: x ��C /�/>,wt E r OA4 v� (Give State Route # and name, distance and direction from intersection) Magisterial District: all_ . e , Property Identification Number (P.I.N.): 0 N ( -A/ (Parent Tract) Property zoning and present use: 9- > Adjoining property zoning and use: 3 1� " �"A urti41e f ( r Hasa Master Development Plan been submitted for this project? Yes ___11No If yes, has the final MDP been approved by the Board of Supervisors? Yes No What was the Master Development Plan title? Does the plat contain any changes from the approved MDP? Yes ___,INO If yes, specify what changes: Minimum Lot Size (smallest lot): Number and types of housing units in this development: N /A I have read the material included in this package and understand what is required by the Frederick County Planning Department. I also understand that all required material will be complete prior to the submission of my site plan. Signature: Date: // .2G-/ 2 List of Adjoining Properties: The following names and addresses are all of the individuals, firms, or corporations owning property adjacent to the property for which the waiver or exception is being sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. Name and Property Identification Number Address NameShenandoah University 1460 University Drive Winchester, Virginia 22601 Property # 64-(A)-A4 Name Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 Property # 64-(A)-88 NameTim Homan 3372 Hunting Ridge Road Winchester, Virginia, 22603 Property # 64B-(A)-20 Name Bill & Bill's Auto Service, InC. 423 Front Royal Pike, Suite 1 Winchester, Virginia 22602 Property # 64B-(A)-22 & 64B-(A)-26 Name Regina H. Turner 421 Front Royal Pike Winchester, Virginia 22602 Property # 64B-(A)-21 NameAmerican Freightways P.O. Box 840 Harrison, AR 72602 Property # 64-(A)-6 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # O:\Land Use Applications\Applicazion Forms\Boundary Line Adjustment or Lot Consolidation application.wpd Revised 2/7/11 2 GREYWOLFE, INC. 1073 RE,DBUD ROAD • WINCHESTER, VA 22603 (540) 667-2001 9 (540) 545-4001 FAX GREYWOLFEINC@AOL.COM Frederick County Planning & Development November 13, 2012 Director of Planning 107 North Kent Street Winchester, VA 22603 Mr. Lawrence: On behalf of my client, I formerly request a waiver of the Master Development Plan requirement as allowed in the Frederick County Zoning Ordinance Chapter 165- 801.3B of tax parcel 64-(1)-A1. The property does not include new streets, roads or rights -of -way, does not further extend any existing or dedicated street, road or rights -of -way and does not significantly change the layout of any existing or dedicated street, road or rights -of - way. The property does not propose any stormwater management system designed to serve more than one lot and does not necessitate significant changes to existing stormwater management systems designed to serve more than one lot. The property is not an integral portion of a property proposed or planned for future development or subdivision The property is planned to be developed in a manner that is harmonious with surrounding properties and land uses. The property development does not substantially affect the purpose and intent of this chapter. Thank you, J.J. Gard R. Oates, LS-B, PE President COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 January 2, 2013 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Re: MDP (Master Development Plan) Waiver Request 300 N LLC Zoning District: B3 (Industrial Transition Business); Shawnee Magisterial District Property Identification Number (PIN): 64-1-A1 Dear Gary: I am in receipt of your letter regarding a waiver to the requirements for a master development plan to enable the subdivision of parcel 64-1-A1, which consists of 6.67 acres, into two separate parcels (exhibit plat dated December 3, 2012); the parcels will use the right-of-way known as Wincrest Drive for access to Route 522. The owner of this parcel is listed as 30ON LLC. Section 165-801.03 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed development meets these conditions. It does not extend any existing or dedicated street or change the layout of any existing street; it does not propose any stormwater management system designed to serve more than one lot; it is not an integral portion of a future development; it is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and, the development does not substantially affect the purpose and intent of the Zoning Ordinance. Therefore, your request for a waiver to the master development plan requirement is appropriate in this situation. Please be advised that this waiver does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. Prior to the subdivision of this property, the subdivision plats must be reviewed by Frederick County, including a public meeting for review by the Planning Commission and the Board of Supervisors. Please contact me if you have any questions regarding this letter. Sincerely, 1' V \. Eric 1R. Lawrence, AICP Director, Department of Planning and Development ERL/bad cc: Mark R. Cheran, Zoning & Subdivision Administrator 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 VICINITY MAP 1 " = 2000' APPLE BLOSSOM ®e MALL " SITE -po • tic o Q GAF n so N h ti o AIRPORT FINAL PLAT OF A SUBDIVISION OF TAX PARCEL 64-(I)-AI SHAWNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA DECEMBER 3, 2012 OWNERS CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION SURVEY OF THE LAND OF 300N, LLC, AS APPEARS ON THE ACCOMPANYING PLAT, IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, 1FANY. SIGNATURE -AUTHORIZED REPRESENTATIVE OF 300N, LLC COMMONWEAL TN OF VIR0W rA CITY/COUNTY OF IL Y v—�—zi -�- , TO WIT., THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF 1 rw ` . 10BY: lV L C C DAWN PUGH FRYE PRINTED OWNER NOTARY PUBLIC 138M COMMONWEALTH OF VIRGINIA 31, 2015 ____ SIGNATU—R NOTARY PUBLIC MY COMMISSION EXPIRES AUGUST PRINTED NOTARYPUBLIC 13 'E ciD-3 MY COMMISSION EXPIRES 9 — 3 I REGISTRATION NUMBER SURVEYORS CERTIFICATE I HEREBY CERTIFY THAT THE PARCEL CONTAINED IN THIS SUBDIVISION SURVEY IS THE LAND CONVEYED TO 300N, LLC, FROM MARK B. CALLAHAN, SUBSTITUTE TRUSTEE FOR VARDHAMAN, LLC, BY DEED OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERKS OFFICE AS INSTRUMENT 110006200 DATED JULY 11, 2011. GARY R OATES, LAND SURVEYOR PARCELS APPROVAL 64-(1)-AI 64-(1)-A2 2.294 acres 4.373 acres Zoned: B-3 Zoned: B-3 FREDERICK COUNTY SUBDIVI ION ADMI STRATOR DATE p -TH C1F�l FREDERI OUNTYSANITATIIOON A,6THORITY DATE O2 VIRGINIA D ARTMENT OF TRANSPORTATION DATE G 1? (GATES 1073 Redbud Road LiC. No. . 1518-B GreyWolfe, Inc. Winchester, VA 22603 Z_ Q- Land Surveying and Consulting GreyWo/felncCo@aoi.com 540-667-2001 OFC qN0 SURVlyp 540-545-4001 FAX DRAWN BY. GRO FILE NO: 0346 1 SHEET 1 OF 2 64B-(A)-20 E. HOMAN Ijz „ IRF T.• 040010397 1 -- ZONED: RA 64B-(A)-26 USE: RES. BILL & BILLS AUTO SERVICE, INC. 010008067 ZONED: B-1 '/1 "IRF oar USE: AUTO 64B-(A)-22 BILL & BILLS AUTO SERVICE, INC. 010008065 ZONED: RA USE: AUTO. h b /'� 64-(1)-A1 I o �h 2.294 AC I / h / ~ 41 64B'(A)-21 I I // d7�840 F1 R. H. TURNER ZONED. RA I ��,��0 `� J�ti m I o USE; RES. i 1 1PFj 64-(1)-A2 / 5" TRIANGULAR 4.373 AC. / STONE FOUND \ l 64-(A)-88 WINCHESTER \ \ 6fl / °' REGIONAL AIRPORT DB 659, PG 175 \ \ ZONED: RA USE: AIRPORT \ \ 1/�, IRF O 1.5 RTE 522 - FRONT ROYAL PIKE- R.O. W, VARIES / 5/8 "IRF WITH VDOT R. 0. W PLASTIC CAPS 64-(A)-A3 I SHENANDOAH IRF " ' UNIVERSITY 080007827 1_' IPF ZONED: B-2, B-3 - USE. VACANT PROPOSED 20' UTILITY ESMT FOR 64-(1)-A2 O • O RAILROAD SPIKE FND. 64-(A)-A SUMMIT COMMUNITY BANK 100005431 � ZONED: 8-1, 8-3 USE: VACANT I WINCREST DRIVE NOTE THIS PRIVATE RIGHT OF WAY WAS DEDICATED IN e OB 634 ON PG 51 FOR ALL ADJOINING PARCELS. THE APPROVED MASTER DEVELOPMENT PLAN 15-07 .�W BY SHENANDOAH UNIVERSITY FOR THE DIVISION OF 64-(A)-A INTO FOUR LOTS PROPOSED TO EXTEND h THE RIGHT OF WAY ACROSS THEIR PROPERTY. THIS vl \ ROAD DOES NOT MEET THE VIRGINIA l STREETACCEPTANCEREQUIREMENTSNECESSARYFOR INCLUSION IN THE SYSTEM OF STATE HIGHWAYS - L AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR FREDERICK COUNTYY, THIS ROAD IS NOT ELIGIBLE FOR ANY FUNDS APPROPRIATED BY THE GENERAL ASSEMBLY AND ALLOCATED BY THE COMMONWEALTH TRANSPORTATION BOARD. 64-(A)-A4 SHENANDOAH UNIVERSITY 080007827 ZONED: B-2, B-3 USE: VACANT LINE BEARING LENGTH L-1 N 23°2253" E 65.46' L-2 N 6602120" W 241.14' L-3 N 06040'05" W 38.60' L-4 N 54°57'07" E 25.54' L-5 N 1404326" W 12.43' �Itj S 66'21'01 " E 177, 63' # I RADIUS I ARC I DELTA I BEARING CHORD C-1 577.77' 198.04' 19038'21 " S 76°10'11 " E 197.07' GENERAL NOTES 1. A TITLE REPORT HAS NOT BEEN FURNISHED. EASEMENTS OR OTHER ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN. 2, BASIS OF MERIDIAN IS PLAT OF RECORD AT INSTRUMENT 060021845. 3. THESE PARCELS ARE LOCATED ON FLOOD INSURANCE RATE MAPS No. 51069CO200D IN FLOOD ZONE X' AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2, 2009. 4. THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES ABBREVIATIONS BRL = BUILDING RESTRICTION LINE DB = DEED BOOK IRF = IRON ROD FOUND IRS = IRON ROD SET PG = PAGE RES. = RESIDENTIAL R.O. W. = RIGHT OF WAY 200' 0' 200' GRAPHIC SCALE LEGEND O = PROPERTY CORNER FOUND O = PROPERTY CORNER SET 518"X 24" REBAR WITH YELLOW PLASTIC CAP FINAL PLAT OF �p,LTH op SUBDIVISION OF TAX PARCEL 64-(1)-AI SHAWNEE MAGISTERIAL DISTRICT AR7Y K. TES D FREDERICK COUNTY, VIRGINIA Lic. No. 1518-B lz-3 /L 1073 Redbud Road <, l�4f!,, r2 zc;./z GreyWoife, Inc. Winchester, VA 22603 O Gre Wolfelnc aol. com ENO SURvy Land Surveying and Consulting 540-667-2001 OFC 540-545-4001 FAX 77 FILE NO: 0346 DATE: DECEMBER 3, 2012 1 SCALE: 1 "=200' 1 SHEET 2 OF 2 �� ca SUBDIVISION REQUEST #06-12 300N, LLC Staff Report for the Planning Commission w Prepared: January 31, 2013 Staff Contact: Mark R. Cheran, Zoning and Subdivision Administrator Reviewed Action Planning Commission 02/20/13 Pending Board of Supervisors: 03/13/13 Pending LOCATION: The subject property is located adjacent and east of Route 522, .50 miles south of the intersection of Route 522 and Route 50, at 186 Wincrest Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-1-Al EXECUTIVE SUMMARY FOR 02/20/13 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the 300N, LLC property to be subdivided utilizing private roads, the Planning Commission will need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Staff is seeking two actions: • Recommendation from the Planning Commission regarding the waiver of public road requirement. • Recommendation from the Planning Commission regarding administrative approval authority for two -lot subdivision. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Subdivision Request #06-12, 300N, LLC January 31, 2013 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 in the review of this application. It may also be useful to others interested in this zoning matter. Reviewed Action Planning Commission 02/20/13 Pending Board of Supervisors 03/13/13 Pending LOCATION: The subject property is located adjacent and east of Route 522,50 miles south of the intersection of Route 522 and Route 50, at 186 Wincrest Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-1-A 1 PROPERTY ZONING & PRESENT USE: B3 (Business Industrial Transition) District Land Use: Office/Warehouse ADJOINING PROPERTY ZONING & USE: North: B2 (Business General) South: RA (Rural Areas) East: RA (Rural Areas) West: B 1 (Business Neighborhood) M2 (Industrial General) Use: Vacant Use: Residential/Public Garage Use: Airport Use: Residential/Industrial SUBDIVISION SPECIFICS: Subdivision of 6.67 acres into two (2) parcels of 2.3 acres and 4.373. Fire and Rescue: No comments Winchester Regional Airport: Rezoning should not impact operations at the Winchester Regional Airport with the existing structures and use. My only comment would be that the owner be made aware of the proximity of the site within the approach surface of the runway and the likelihood on noise from arriving and departing aircraft. Any proposed new construction would be reviewed for impacts as part of the regular site plan review process. Subdivision Request #06-12, 300N, LLC January 31, 2013 Page 3 Planning: When Frederick County adopted zoning in 1967, this property was zoned B3 (Industrial Transition Business) District, and had no approved Master Development Plan (MDP). This request is for subdivision of a 6.67+/- acre parcel into two (2) parcels of 6.67+/- acres and 2.3+/- acres. These parcels are located within and the Sewer and Water Service Area (SWSA), as indicated by the 2030 Comprehensive Policy Plan of Frederick County., Staff Review: The Subdivision Ordinance requires that land divisions in the B3 Zoning District without an approved Master Development Plan (MDP) be presented to the Planning Commission and Board of Supervisors for final approval (Chapter 144-12-B). This proposed subdivision has met the requirements for a waiver from the MDP requirements, and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, the Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. Requested Waivers: The applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow these parcels to be served by a private access. This Section of The Frederick County Code requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to these parcels will be via the existing private 60 foot ingress/egress (Wincrest Drive) from Front Royal Pike (Route 522 South). STAFF RECOMMENDATION FOR 02/20/13 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the 300N, LLC property to be subdivided utilizing private roads, the Planning Commission will need to grant a waiver of Section 144-24C of the Frederick County Subdivision Ordinance. Staff is seeking two actions: • Recommendation from the Planning Commission regarding the waiver of public road requirement. • Recommendation from the Planning Commission regarding administrative approval authority for two -lot subdivision. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Subdivision Request #06-12, 300N, LLC January 31, 2013 Page 3 Planning: When Frederick County adopted zoning in 1967, this property was zoned B3 (Industrial Transition Business) District, and had no approved Master Development Plan (MDP). This request is for subdivision of a 6.67+/- acre parcel into two (2) parcels of 6.67+/- acres and 2.3+/- acres. These parcels are located within and the Sewer and Water Service Area (SWSA), as indicated by the 2030 Comprehensive Policy Plan of Frederick County. Staff Review: The Subdivision Ordinance requires that land divisions in the B3 Zoning District without an approved Master Development Plan (MDP) be presented to the Planning Commission and Board of Supervisors for final approval (Chapterl44-12-B). This proposed subdivision has met the requirements for a waiver from the MDP requirements, and has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. Therefore, the Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. Requested Waivers: The applicant has requested a waiver from Section 144-24 C of the Frederick County Code (Subdivision) to allow these parcels to be served by a private access. This Section of The Frederick County Code requires that all new parcels must abut and have direct access to a state maintained public street/road. Access to these parcels will be via the existing private 60 foot ingress/egress (Wincrest Drive) from Front Royal Pike (Route 522 South). STAFF RECOMMENDATION FOR 02/20/13 PLANNING COMMISSION MEETING: In order for the proposed commercial lots on the 300N, LLC property to be subdivided utilizing private roads, the Planning Commission will need to grant a waiver of Section 144-24C of the Fred ric County Subdivision Ordinance. I V . � •"9 ing ommLksion regarding the waiver of public road requirement. •Ree regarding administrative approval authorityfor two -lot subdivision. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. PLANNING COMMISSION SUMMARY & RECOMMENDATION OF 2/20/13: Some members of the Commission had questions about whether additional development could occur at the rear of this property, which could potentially create traffic problems on Route 522. Staff noted the owner has by -right development rights under the B3 zoning and can fully develop the property with site plan approval. Staff pointed out the owner is simply requesting a waiver so they will not have to construct a public street. Staff noted that Wincrest Drive will still have to be built to private road standards with an asphalt environment. Members of the Commission believed this waiver made sense for this particular site, since the owner can, by right, develop this property and traffic concerns will not be mitigated if the waiver is or is not granted. By a unanimous vote, the Planning Commission recommended the approval of the waiver of the public road requirement. The Planning Commission next recommended approval of allowing administrative approval authority for the two -lot subdivision, also by a unanimous vote. (Note: Commissioners Manuel and Oates abstained from discussion and voting.) COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING February 13, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: SUBDIVISION #06-12 AND WAIVER REQUEST OF 300N, LLC On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, February 27, 2013 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This meeting is to consider Subdivision #06-12 and Waiver Request of 300N, LLC, submitted by GreyWolfe, Inc., to create two lots, and waiver of Subdivision of Land, Section 144-24, Lot Requirements, (C) Lot Access. The property is located on the east side of Front Royal Pike (Route 522) at 186 Wincrest Drive, and is identified by Property Identification Number 64-1-Al in the Shawnee Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 This is to c rti tha, the attached correspondence was ...diled to the following on from the Department of Planning and Development, Frederick County, Vir ua. 64B-A--21- 64 -1- - A-1 TURNER REGINA HAYMAKER 30ON LLC 425 FRONT ROYAL PIKE ATTN DEBT MANAGEMENT PO BOX 179 WINCHESTER VA 22602.7321 MOOREFIELD WV 26836 GreyWolfe, Inc. 64 - A- - A-4 1073 Redbud Rd. SHENANDOAH UNIVERSITY Winchester, VA 22603 1460 UNIVERSITY DR WINCHESTER VA 22601.5100 64 - A- - 88- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER VA 22602.4517 64B - A- - 20- HOMAN TIMOTHY E 3372 HUNTING RIDGE RD WINCHESTER VA 22603.2015 64B - A- - 22. BILL & BILL'S AUTO SERVICE INC 423 FRONT ROYAL PIKE STE 1 WINCHESTER VA 22602-7321 ..-K R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDEI I, , a Notary Public in and for the State and County aforesaid, do 16eby certify that M k R. Cheran, Zoning & Subdivision Administrator for the Dent o Planning and Development, whose name is signed to the foregoing, dated Cpk&/ i //- , has personally appeared before me and acknowledged the same in my State z nd County aforesaid. Given under my hand this 13-;&_ day of My commission expires on BEVNOTARY PUBLIC REGISTRATION 11 331878 COMMONWEALTH OF VIRGINIA MY CO ULMISSION EXPIRES NOTARY VBLIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING February 8, 2013 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: SUBDIVISION #06-12 AND WAIVER REQUEST OF 300N, LLC On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, February 20, 2013 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. This meeting is to consider Subdivision #06-12 and Waiver Request of 300N, LLC, submitted by GreyWolfe, Inc., to create two lots, and waiver of Subdivision of Land, Section 144-24, Lot Requirements, (C) Lot Access. The property is located on the east side of Front Royal Pike (Route 522) at 186 Wincrest Drive, and is identified by Property Identification Number 64-1-Al in the Shawnee Magisterial District. Any interested parties may attend this meeting. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, eaV Cheran Zoning and Subdivision Administrator MRC/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify th• the attached correspondence was illailed to the following on / from the Department of Planning and Development, Frederick County, Vir ainia: 64 -1- - A-1 30ON LLC ATTN DEBT MANAGEMENT PO BOX 179 MOOREFIELD WV 26836 64 - A- - A-4 SHENANDOAH UNIVERSITY 1460 UNIVERSITY OR WINCHESTER VA 22601-5100 64 - A- - 88- WINCHESTER REGIONAL 491 AIRPORT RD WINCHESTER VA 22602-4517 64B - A- - 20- HOMAN TIMOTHY E 3372 HUNTING RIDGE RD WINCHESTER VA 22603-2015 64B - A- - 22- BILL & BILL'S AUTO SERVICE INC 423 FRONT ROYAL PIKE STE 1 WINCHESTER VA 22602-7321 STATE OF VIRGINIA COUNTY OF FREDERICK 64B -A- - 21- TURNER REGINA HAYMAKER 425 FRONT ROYAL PIKE WINCHESTER VA 22602-7321 64 - A- - 6- AMERICAN FREIGHTWAYS CIO BURKE & ASSOC 3336 E 32NO ST STE 217 TULSA OK 74135 30ON LLC Attn: Debt Management PO Box 179 Moorefield, WV 26836 GreyWolfe, Inc. 1073 Redbud Rd. Winchester, VA 22603 Mar heran, Zoning & Subdivision Administrator Frederick County Planning Department I, - , a Notary Public in and for the State and County aforesaid, do ereby certify—tha-t-MaN R. Cheran, Zoning & Subdivision Administrator for the Dep nt f Planning and Development, whose name is signed to the foregoing, dated S � , has personally appeared before me and acknowledged the same in my State acid County aforesaid. Given under my hand this - day of c� &,Z-- My commission expires on Q'ZA,-' 2 t C� BEVERLY H. DELLINGE- NOTARY PUBLIC REGISTRATION # 33 i87P COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2015 A-1 /Vi �'.� i iLIC TO: BAKoARA-DATA PROCESSING � - � ��� FROM:BEV -Planning Dept. (�'f"� Plense print se�ts�o�AN by Listof Adjoining Properties: The following names and j or corporations owning property adjacent to the property fc sought, including properties at the sides, rear, and in front of (across street from) the subject property. (Use additional pages if necessary.) These people will be notified by mail of this application. Name and Property Identification Number Address NameShen11 andoah University 1460 University Drive Winchester, Virginia 22601 Property # 64-(A)-A4 Name Winchester Regional Airport 491 Airport Road Winchester, Virginia 22602 Property # 64-(A)-88 r/' NameTim Homan 3372 Hunting Ridge Road Winchester, Virginia, 22603 Property # 64B-(A)-20 Name Bill & Bill's Auto Service, InC. 423 Front Royal Pike, Suite 1 inchester, Virginia 22602 Property # 64B-(A)-22 & 64B-(A)-26 Name Regina H. Turner 421 Front Royal Pike Winchester, Virginia 22602 Property # 64B-(A)-21 NameAmerican Freightyiays P.O. Box 840 Harrison, AR 72602 Property # 64-(A)-6 Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Use Applications\Application Forna\Bou dary Line Adjustment or Lot Consolidation application—pd V7� M FIECOPY COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 January 2, 2013 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Re: MDP (Master Development Plan) Waiver Request 300 N LLC Zoning District: B3 (Industrial Transition Business); Shawnee Magisterial District Property Identification Number (PIN): 64-1-A 1 Dear Gary: I am in receipt of your letter regarding a waiver to the requirements for a master development plan to enable the subdivision of parcel 64-1-A1, which consists of 6.67 acres, into two separate parcels (exhibit plat dated December 3, 2012); the parcels will use the right-of-way known as Wincrest Drive for access to Route 522. The owner of this parcel is listed as 30ON LLC. Section 165-801.03 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed development meets these conditions. It does not extend any existing or dedicated street or change the layout of any existing street; it does not propose any stormwater management system designed to serve more than one lot; it is not an integral portion of a future development; it is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and, the development does not substantially affect the purpose and intent of the Zoning Ordinance. Therefore, your request for a waiver to the master development plan requirement is appropriate in this situation. Please be advised that this waiver does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. Prior to the subdivision of this property, the subdivision plats must be reviewed by Frederick County, including a public meeting for review by the Planning Commission and the Board of Supervisors. Please cgintact me if you have any questions regarding this letter. 1' f: Sincer1'1y, LA. - Eric Lawrence, AICP Director, Department of Planning and Development ERL/bad cc: Mark R. Cheran, Zoning & Subdivision Administrator 107 North Kent Street, Suite 202 9 Winchester, Virginia 22601-5000 Mark Cheran From: GreyWolfelnc@aol.com Sent: Monday, January 14, 2013 10:46 AM To: Mark Cheran Subject: Fwd: Blue Ridge Hospice Subdivision From: okvmanuel(a)-comcast.net To: GrevWolfeinc(caol.com Sent: 1/14/2013 10:30:04 A.M. Eastern Standard Time Subj: RE: Blue Ridge Hospice Subdivision Good morning Mr. Oates. I apologize for the delay in providing you any comments however I was out of the office most of December due to the holidays and then was lucky enough to get the flu right after Christmas which lasted up through last Thursday. Rezoning should not impact operations at the Winchester Regional Airport with the existing structures and use. My only comment would be that the owner be made aware of the proximity of the site within the approach surface of the runway and the likelihood of noise from arriving and departing aircraft. Any proposed new construction would be reviewed for impacts as part of the regular site plan review process. If you have any questions or need additional information please do not hesitate contacting me. Thank you for the opportunity to review the proposal. Renny Manuel Serena (Renny)-�Manu.eC Executive Director -Winchester RegionaC- Airport .Au.t(.ority 491 .Airport Road Winchester, -Virginia 22602 (54o) 662-5786 ofevmanuef@comcast.net From: GreyWolfeInc(alaol.com [mailto:GreyWolfeInc(a)aol.com] Sent: Monday, November 26, 2012 12:59 PM To: rshickle()gmail.com; okvmanuelCabcomcast.net Cc: elawrencCa�co.frederick.va.us; mcheran()co.frederick.va.us; gfisher@visuallink.com Subject: Blue Ridge Hospice Subdivision Mr. Shickle and Ms. Manuel, Attached is a draft copy of the proposed subdivision plat of the old Lumber Yard site on Route 522. 1 am sending this to Mr. Shickle, representative of Shenandoah University, and Ms. Manuel, Winchester Airport, as you are adjacent property owners. Blue Ridge Hospice has funds available to purchase the front building on this site, which they have been renting for a few years. There are no plans to construct anything new or alter the buildings in any way. The property will continue to use the right of way known as Wincrest Drive for access to Route 522. This was granted to the parcel per Deed Book 634 on Pages 51-55. Since the property is zoned B-3, a waiver will be sought from the Board of Supervisors to subdivide the parcel. You will be notified by the County when the public hearings will take place. I wanted to forward this plat to you before the meetings take place so that you may offer me any comments or concerns about this division. I look forward to hearing from you. Thank you, Gary R. Oates, LS-B, PE GreyWolfe, Inc. 1073 Red Bud Road Winchester, Virginia 22603-4757 (540) 667-2001 TRANSMITTAL LETTER GREYWOLFE, INC. 1073 REDBUD ROAD • WINCHESTER, VA 22603 (540) 545-7823 • (540) 545-4001 FAX o GREYWOLFEINC@AOL.COM Frederick County Planning & Development November 26, 2012 Subdivision Administrator 107 North Kent Street Winchester, VA 22603 Subject: Blue Ridge Hospice Mr. Cheran: Attached is the application, list of adjoiners, submittal of $500, and a draft copy of the proposed subdivision of Parcel 64-(1)-1A. I am formerly requesting waivers on behalf of my client to subdivide a parcel zoned B-3 that does not have a Master Plan per the Frederick County Zoning Ordinance and Section 144-24C of the Subdivision Ordinance in regards to direct access to public streets. Thank you, Gar R. Oates, LS-B, PE GreyWolfe, Inc APPLICATION FOR A WAIVER OR ORDINANCE EXCEPTION Applicant/Agent: Blue Ridge Hospice Address: 333 West Cork Street #405, Winchester, Virginia, 22601 Phone Number: (540) 536-5210 Property Owner's Name (if different from applicant): 300N, LLC Address: P.O. Box 179, Moorefield, West Virginia 26836 Phone Number: Contact Person (if different from applicant): GreyWolfe, Inc. - Gary R. Oates, LS-B, PE Phone Number: 540-667-2001 Waiver request details (include specific ordinance requirements to be waived): Subidivision of Industrial Land without a Master Development Plan and State Road Frontage Property Location (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): 186 Wincrest Drive off of Rt 522 South Parcel Identification/Location: 64-(1)-1 A Magisterial District: Shawnee Zoning and Current Use: Zoning District: B-3 Current Use: Office -Warehouse Attachments: Adjoining Property Owners List Existing/recorded and Proposed Plats ****For Office Use Only**** FEES FOR WAIVER OR ORDINANCE EXCEPTION AND CHECKLIST: ➢ $500.00 ➢ Attachments Existing/recorded and proposed plat(s) ➢ Completed adjo ing qoperties info. sheets)Receipt #: t l�Received by: f50 Date: 1 1 (Initials) Frederick County Department of Planning and Development 107 North Kent Street - North Building - 2"d Floor Winchester, Virginia 22601 Phone: (540) 665-5651 - Fax: (540) 665-6395 YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO T l"L YOU WOULD LIKE TO HA VE COMPLETED. Initials Date & Time` Candice Mark Dana Eric Mike John COMMENTS: t Received by Clerical Staff (Date & Time). (S:Office on Blackbox\Forms\Document Approval Form — 08/15/12) APPLICATION FOR A MINOR COMMERCIAL OR INDUSTRIAL SUBDIVISION Applicant/Agent: GreyWolfe, Inc — Gary R. Oates, LS-B, PE Address: 1073 Red Bud Road, Winchester, Virqinia, 22603 Phone Number: (540) 667-2001 Owner's Name (if different from applicants 300N, LLC Address: P.O. BOX 179, MOOREFIELD, WV, 26836 Phone Number: (540) 450-3062 PARCEL INFORMATION (Check One) Boundary Line Adjustment: Minor Subdivision: X Zoning$-3 Property Location (please give State Route # and name, distance and direction from intersection): East side of Front Royal Pike (Rt 522) at #186 Wincrest Drive Magisterial District: Shawnee Property Identification Number (P.I.N.): 64-(1)-1A (Parent Tract) ****For Office Use Only**** FEES FOR BOUNDARY LINE ADJUSTMENT AND FAMILY SUBDIVISION << $200.00 parent tract + $200.00/lot (Minimum Fee $400.00) Fee amount enclosed by applicant: $ (4 (jo `c Receipt #: (oZ , Received by:Date: 1 l (Initials) COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 January 2, 2013 Mr. Gary R. Oates GreyWolfe, Inc. 1073 Redbud Road Winchester, VA 22603 Re: MDP (Master Development Plan) Waiver Request 300 N LLC Zoning District: B3 (Industrial Transition Business); Shawnee Magisterial District Property Identification Number (PIN): 64-1-A 1 Dear Gary: I am in receipt of your letter regarding a waiver to the requirements for a master development plan to enable the subdivision of parcel 64-1-A1, which consists of 6.67 acres, into two separate parcels (exhibit plat dated December 3, 2012); the parcels will use the right-of-way known as Wincrest Drive for access to Route 522. The owner of this parcel is listed as 30ON LLC. Section 165-801.03 of the Frederick County Zoning Ordinance gives the Director of Planning and Development the ability to waive the requirement for a master development plan under certain conditions. The proposed development meets these conditions. It does not extend any existing or dedicated street or change the layout of any existing street; it does not propose any stormwater management system designed to serve more than one lot; it is not an integral portion of a future development; it is planned to be developed in a manner that is harmonious with surrounding properties and land uses; and, the development does not substantially affect the purpose and intent of the Zoning Ordinance. Therefore, your request for a waiver to the master development plan requirement is appropriate in this situation. Please be advised that this waiver does not eliminate any applicable development and design requirements of the Frederick County Subdivision and Zoning Ordinances. Prior to the subdivision of this property, the subdivision plats must be reviewed by Frederick County, including a public meeting for review by the Planning Commission and the Board of Supervisors. Please contact me if you have any questions regarding this letter. ,s Sincer0y, Eric. Lawrence, AICP Director, Department of Planning and Development ERL/bad cc: Mark R. Cheran, Zoning & Subdivision Administrator 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 VICINITY MAP 1 " = 2000' APPLE BLOSSOM MALL •:�� SITE o �F a so N o AIRPORT CC FINAL PLAT OF SUBDIVISION OF TAX PARCEL 64-(l) Al SHA WNEE MAGISTERIAL DISTRICT, FREDERICK COUNTY, VIRGINIA NOVEMBER 19, 2012 OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION SURVEY OF THE LAND OF 300N, LLC, AS APPEARS ON THE ACCOMPANYING PLAT, IS WITH THE CONSENT OF AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IFANY. SIGNATURE -AUTHORIZED REPRESENTATIVE OF 300N, LLC COMMONWEALTH OF {VIRGINIA CITY/COUNTY OF , TO WIT: THE FOREGOING OWNER'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF , 20 , BY: PRINTED OWNER SIGNATURE NOTARY PUBLIC PRINTED NOTARY PUBLIC MY COMMISSION EXPIRES REGISTRATION NUMBER SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE PARCEL CONTAINED IN THIS SUBDIVISION SURVEY IS THE LAND CONVEYED TO 300N, LLC, FROM MARK B. CALLAHAN, SUBSTITUTE TRUSTEE FOR VARDHAMAN, LLC, BY DEED OF RECORD IN THE FREDERICK COUNTY CIRCUIT COURT CLERK'S OFFICE AS INSTRUMENT 110006200 DATED JULY 11, 2011. GARYR. OATES, LAND SURVEYOR PARCELS APPROVAL 64-(1)-AI 64-(I)-A2 2.3 acres 4.373 acres Zoned: B-3 Zoned: B-3 FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE FREDERICK CO UN TY SA NITA TION A U THORITY DATE <, NLJH pF O� VIRGINIA DEPARTMENT OF TRANSPORTATION DATE O� 2 u AY GS v Li 518- 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 Land Surveying and Consulting GreyWoifelnc@aoi.com O� 540-667-2001 OFC S U Rv Ey 540-545-4001 FAX DRAWN BY: GRO FILE NO: 0346 1 SHEET 1 OF 2 64B-(A)-20 T. E. HOMAN 040010397 ZONED: RA USE., RES. 64B-(A)-26 — BILL & BILLS AUTO SERVICE, INC. 010008067 ZONED: B-1 USE: AUTO 64B-(A)-22 BILL & BILLS AUTO SERVICE, INC. 010008065 ZONED: RA I �, USE: AUTO. / lol / IQ I of 64B'(A)-21 I I R. H. TURNER I y I 050030303 ZONED: RA I o I ' Nf USE:, RES. i b I /h / STONE O ROUTE 522 - FRONT ROYAL PIKE - R. 0. W. VARIES 112"IRF L_3 e .---I --- / R/O/IRF WITH VDOT W. PLASTIC CAPS 64-(A)-A3 112 IRF SHENANDOAH UNIVERSITY 080007827 'Pl ti ZONED: B-21 B-3 RAILROAD SPIKE FND. USE: VACANT 0�1 p0 <) 64-(A)-A SUMMIT COMMUNITY BANK 100005431 i ZONED: B-2, B-3 USE: VACANT h 64-(I)-AI r� 2.3 AC. rn o WINCREST DRIVE NOTE �I,s• ���, W I THIS PRIVATE RIGHT OF WAY WAS DEDICATED IN DB 634 ON PG 51 FOR ALL ADJOINING PARCELS. THE APPROVED z MASTER DEVELOPMENT PLAN 15-07 BY SHENANDOAH a� O S' UNIVERSITY FOR THE DIVISION OF 64-(A)-A INTO FOUR LOTS PROPOSED TO EXTEND THE RIGHT OF WAYACROSS QC rn 1"IPFI� 64-(1)-A2 4.373 AC. I \ 64-(A)-88 WINCHESTER REGIONAL\ \ AIRPORT DB 659, PG 175 ZONED: RA USE. AIRPORT \ \ \ 112 "IRF C THEIR PROPERTY. THIS ROAD DOES NOT MEET THE VIRGINIA SECONDARY STREET ACCEPTANCE REQUIREMENTS NECESSARY FOR INCLUSION IN THE SYSTEM OF STATE HIGHWAYS AND WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR FREDERICK COUNTY. THIS ROAD IS NOT ELIGIBLE FOR ANY FUNDS APPROPRIATED BY THE GENERAL ASSEMBLYAND ALLOCATED BY THE COMMONWEALTH TRANSPORTATION BOARD, 64-(A)-A4 SHENANDOAH UNIVERSITY 080007827 ZONED: B-2, B-3 USE: VACANT LINE BEARING LENGTH L-1 N 23°38S9" E 65.40' L-2 N 66021 '01 " W 239, 00' L-3 N 07009'41 " W 45.10' L-4 N 37059'04" E 26.95' L-5 IS 66021'00" E 17763' # RADIUS ARC DELTA BEARING CHORD C-1 577, 77' 198, 04' 19°3821 " S 76010'11 " E 197, 07' GENERAL NOTES 1, A TITLE REPORT HAS NOT BEEN FURNISHED. EASEMENTS OR OTHER ENCUMBRANCES MAY EXIST WHICH ARE NOT SHOWN. 2. BASIS OF MERIDIAN IS PLAT OF RECORD AT INSTRUMENT 060021845. 3. THESE PARCELS ARE LOCATED ON FLOOD INSURANCE RATE MAPS No. 51069CO200D IN FLOOD ZONE X' AREAS DETERMIN, TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN DATED SEPTEMBER 2, 2009. 4, THERE WAS NO READILYAPPARENT EVIDENCE OFA CEMETERY WITHIN CLOSE PROXIMITY TO THE BOUNDARY LINES ABBREVIATIONS LEGEND BRL = BUILDING RESTRICTION LINE O = PROPERTY CORNER FOUND DB = DEED BOOK IRF = IRON ROD FOUND O = PROPERTY CORNER SET IRS = IRON ROD SET 518"X 24" REBAR WITH PG = PAGE YELLOW PLASTIC CAP RES. = RESIDENTIAL Oo° = CHAINLINK FENCE POST USED R. 0. W. = RIGHT OF WAY AS PROPERTY CORNER FINAL PLAT OF p,UTH p�c SUBDIVISION OF TAX PARCEL 64-(1)-A1 ?, SHAWNEE MAGISTERIAL DISTRICT u GA Y S D FREDERICK COUNTY, VIRGINIA Li 518-B 1073 Redbud Road GreyWolfe, Inc. Winchester, VA 22603 v�y0 Land Surveying and Consulting GreyWoifelnc@aoi.com S U P1540-667-2001 OFC 540-545-4001 FAX FILE NO: 0346 DATE: NOVEMBER 19, 2012 1 SCALE: N/A I SHEET 2 OF 2 Document Approval Form 2 6 IF' THIS -DOCUMENT DOES NOT MEET YOUR APPROVAL; PLEASE PROVIDE COMMENTS AS TO MI YOU WOULD LIKE TO HAVE COMPLETED. Initials Date & Time` Candice r:i Eric Mike John COMMENTS: c Received by Clerical Staff (Date-& Time): _ _- _4-i- . Z�7 _ I 7 (S:Office on Blackbox\Forms\Document Approval Form — 08/15/12) 0 f� coRECEIVED ° p cc DRESS cl � E v� LL V�} G C) O y N FOR —i OQ�> x a � AMT. OF ACCOUNT U bA � AMT. PAID N U �O BADUECE DA �/1 i n 4-i O C O N RECEIVED FROM _ 1 N 11 ADDRESS 3 C Ep ; O N FOR RENT` Ct Ln>b .� JFOR'�L��lt,l_f U bA AMT. A COUONT I CASH u V AMT. PAID406 �. CHECK V u O BADUECE I MONEY ORDER wa�3� 1� Z NO. lti",etc h��� t 7z =-----BOLLARS $ 4-' 0 Q) - N 00 L2-(- � I I �''" SUBDIVISION #06-12 jp014 LLC Shawnee 2 LOTS 6.67 ACRES` ■