HomeMy WebLinkAbout03-09 Miller Auto (and Waiver) 4 Lots 15.2181 Acres Shawnee - Backfile1.
2
SUBDIVISION CHECKLIST
Comment sheets from the following agencies, along with any marked copies of the
plan:
Sanitation Authority
Inspections Department
Fire Marshall
City of Winchester GIS
Health Department
Parks & Recreation
County Engineer
L/ One copy of the subdivision application
TRACKING SHEET
D q Application received
To be filled in if an MDP is associated with
this subdivision
MDP #
Approved by BOS•
Admin. Approval:
Fee paid ( $ b o )
Information entered in D-base and Reference Manual
7 0 Application Action Summary updated
Sys ID #
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
Bond estimate (if required) $_
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RECEIVED FROM
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FOR �ltAi'.� Vis
AMT. OF
CASH
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AMT. PAID
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BALANCE
MONEY
DUE
ORDER
No.
DOLLARS $��
BY
APR 1 2009
Painter -Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540-662-5792
officeCc�painterlewis. com
April 1, 2009
Mr. Eric Lawrence, Director
Frederick County Planning Department
107 North Kent Street
Winchester, VA 22601
RE: MASTER DEVELOPMENT PLAN
WAIVER REQUEST
TM# 75-A-11 C
Dear Mr. Lawrence,
This letter is to request a waiver for the requirement of a Master Development Plan for
the property identified as TM#75-A-11 C containing 15.4509 acres and zoned B2
Business General. The property, which is located on Valley Pike, near Kernstown, in
southern Frederick County, is currently developed as Miller Volkswagon and Cross Point
Motor with the remainder to be potentially a car dealership as indicated in the layout plan
of the Cross Point project. I have attached a copy of the proposed Minor Subdivision
plat for your review with this request.
The proposed Minor Subdivision meets criteria outlined in §165-134 of the Frederick
County Zoning Ordinance based on the following:
• The subdivision does not include new streets, roads or right-of-ways,
does not extend any existing or dedicated street and does not
significantly change the layout of any existing or dedicated street;
• The subdivision does not propose any stormwater management system
and does not necessitate significant changes to existing stormwater
management systems;
• The proposed use or planned future development is not impacted by the
subdivision; and
• The subdivision is planned in a manner that is harmonious with
surrounding properties and land uses.
Please do not hesitate to contact this office if you would have any questions or need
additional information.
JOB NUMBER: 0809009
Sincerely,
Jil Frie
Engineering Admin. Assistant
PAINTER-LEWIS, P.L.C.
Enclosure
9 1.1 ki III Ji 1 :i :1 :i ti111101Z111
cK Co SUBDIVISION REQUEST #03-09
MILLER AUTO SALES
W Staff Report for the Board of Supervisors
Prepared: August 24, 2009
Staff Contact: Mark R. Cheran, Zoning Administrator
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 08/05/09 Recommended Approval
Board of Supervisors: 09/09/09 Pending
EXECUTIVE SUMMARY:
On August 5, 2009, the Planning Commission unanimously recommended approval of the
waiver from the public road frontage requirements. The Planning Commission also unanimously
recommended that Staff be granted administrative approval authority for a four -lot subdivision.
Subdivision Request #03-09, Miller Auto Sales
August 24, 2009
Page 2
LOCATION: The property is located on the eastern side of Valley Pike (Route 11), south of the
Route 37 interchange at Kemstown Commons.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75-A-11C
PROPERTY ZONING & PRESENT USE: B2 (Business General) District
Land Use: Auto Dealership
ADJOINING PROPERTY ZONING & USE:
North: B-2 (Business, General)
South: B-2 (Business, General)
East: Interstate 81
West: B-2 (Business, General)
Use: Commercial
Use: Auto Dealership
Use: Interstate Highway
Use: Commercial/vacant
SUBDIVISION SPECIFICS: Subdivision of 15.2181 acres into four (4) parcels of 6.7482,
2.6838 acres, 2.8567 acres and 2.9294 acres. All parcels are zoned B-2 (Business General).
Fire and Rescue: No comments
Sanitation Authority: No comments
Planning: This property had been zoned B-2 (Business General) when Frederick County
adopted zoning in 1967, and has no approved Master Development Plan (MDP). This request is
for subdivision of 15.2181 acres into four (4) parcels of 6.7482, 2.6838 acres, 2.8567 acres and
2.9294 acres. These parcels are located within the Route 11 South Corridor Land Use Plan and
the Sewer Water Service Area (SWSA) as indicated by the 2007 Comprehensive Policy Plan of
Frederick County
Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General
Business) Zoning District without an approved Master Development Plan (MDP) be presented to
the Board of Supervisors for final approval (Chapter I 44-12-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, Planning Commission and Board of Supervisors review and action on this
Subdivision request is necessary.
Subdivision Request #03-09, Miller Auto Sales
August 24, 2009
Page 3
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 commercial
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 a
private commercial 50 foot ingress/egress from Valley Pike (Route 11). This 15.2181 acre
parcel abuts Valley Pike (Route 11), and is served by a single entrance onto Route 11.
STAFF RECOMMENDATION FOR 08/5/09 PLANNING COMMISSION MEETING:
In order for the proposed commercial lots on the Miller Auto Sales 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.
Staff is seeking two actions:
• Recommendation from the Planning Commission regarding the waiver of public road
frontage.
• Recommendation from the Planning Commission regarding administrative approval
authority for a four -lot subdivision.
PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/05/09 MEETING:
The applicant's representative was present to answer questions from the Commission.
There were no citizen comments.
A Commissioner asked the staff who would be responsible for the road maintenance. Staff
replied that the property owner would enter into a road agreement or covenant with the property
owners group to maintain the roads. No other issues or areas of concern were raised by the
Commission.
The Planning Commission unanimously recommended approval of the waiver from the public
road frontage requirement. The Planning Commission also unanimously recommended that the
staff be granted administrative approval authority for a four -lot subdivision.
(Note: Commissioners Mohn and Kerr were absent from the meeting.)
Following the required public hearing, a decision regarding this Subdivision Request
application by the Board of Supervisors would be appropriate. The applicant should be
prepared to adequately address all concerns raised by the Board of Supervisors.
0 300 600
Miller Auto Sales
Waiver Request
PIN: 75 — A — 11 C
ti
CURRENT LAND USE
Case Planncr.:MAeian
Future Rt37 Bypass
Long Range Land Use
Highway Commercial
Recreation
OApplication
Rural Community Center
Industrial
Natural Resources & Recreation
♦ •
w Urban Development Area
Residential
i Mixed Use Industrial \ office
_. Open Space
SWSA
� Mixed Use Age Restricted
� Urban Center
� y,
`�t,*z,� Institutional
Mixed -Use
>15< Neighborhood Village
Historic \ DSA
Business
01 Planned Unit Development
1�zlll Mixed Use Commercial \ Office
1,200 Feet
Map Document (f \_i_Locator_Mps12009\Walver_MillerAutoSales
mxd) 6129/2009 -- 1.12 16 PM
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Miller Auto Sales
Waiver Request
PIN: 75 - A - 11 C
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CURRENT ZONING
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Case Planner Mchcran
4 + Future Rt37 Bypass Zoning M2 (Industrial, General District)
OApplication BI (Business, Neighborhood District) - MHI (Mobile Home Community District)
. •
Urban Development Area B2 (Business, General Distrist) Illft MS (Medical Support District)
ONW SWSA • B3 (Business, Industrial Transition District) 44& Rl (Residential Planned Community District)
410 EM (Extractive Manufacturing District) - R5 (Residential Recreational Community District)
• HE (Higher Education District) _ _. RA (Rural Area District)
MI (Industrial, Light District) RP(Residential Performance District)
0 300 600
1,200 Feet
Map Document (F.\_l_l-ocator_Mps\2009\Waiver_ MillerAutoSales mxcl) 6/29/2009 -- 1.12.16 PM
�77
COUNTY of FREDERICK
Department of Planning and Development
107 North Kent Street ! Winchester, Virginia 22601-5000
Telephone: 540/665-5651 FAX:540/665-6395
WAIVER/EXCEPTIONS REQUEST APPLICATION
1. Applicant:
Name: i e� Awf6 &jeG Telephone: 50 • 369 - 5 COO
Mr.,John Mc itcr
Address: 38 c' 5 UCJ ,ucu Pike
Wi hchestcrg VA, Da eta
2. Property owner different than above):
"ft k,- r A S &nC1
Name: 1)C-�_"ALEM4 W M, J I Telephone - 969
Address: 399
IA/ i rlck 5kfi . VIA ';2 C,_.LE�
3. Contact person (if other than above):
Name: MvTn Pal ni-er Telephone: Sq-6 - (cb3 -S%qa
6LAEF ltwis P L-C .
4. Waiver request details (include specific ordinance requirements to be waived):
56ct,v s� &N ` 14 4.2q.0 - Allow p r'i \raie access mem e n t
-to MI -nor su b. iy t Sl r'1 tv VjC--VA VZ.ot 0 e Vv, C un. GLU-t ram( 6-1 V OO T
5. Property Location: The property is located at (give exact location based on nearest road and distance
from nearest intersection, using road names and route numbers):
6. Parcel Identification/Location: Parcel Identification Number
Magisterial District: 'S CL R
7. Property zoning and current use: Zoned: f3y S i h e5S 6)Cr1,e_rCc I District
Current Use: 0 c nm rnerck ak
8. Attachments: Adjoining Property Owners List V Existing/recorded V1_
Proposed Plats
Name and Property Identification Number
Address
Name: Garden of Eden, L.L.C.
118 Gordon Road
Property # 75-3-21
Falls Church, VA 22046
Name: Orange Partners, L.L.0
500 Pegasus Court
Property # 75-5-10
Winchester, VA 22602
Name: ALDI, Inc.
8751 Gas House Pike
Property # 75-5-4
Frederick, MD 21701
Name: Orange Partners, L.L.C.
500 Pegasus Court
Property # 75-5-5
Winchester, VA 22602
Name: Bowman -Shoemaker Companies, Inc.
P.O. Box 480
Property # 75-A-2
Stephens City, VA 22655
Name: Valley Farm Credit FLCA
P.O. Box 2700
Property # 75-A-2G
Winchester, VA 22604
Name: David Shin
838 Bent Creek Drive
Property # 75-A-2E
Lititz, PA 17543
Name: Sulky Drive Land Trust
103 North Braddock St.
Property # 75-3-20
Winchester, VA 22601
14
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' APPROVED BY
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F 16K COUN Y SANITATION AUTHORITY A
R ICK COUNJY SUBDIVISIONAM/
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06
WGINIA DEPARTMENT 7RANSPORM
OWNER'S CONSENT
THE ABOVE AND FOREGOING MINOR SUBDIVISION OF THE PROPERTY OF MILLER AUTO SALES, INC., A VRGIN/A
LIMITED LIABILITY COMPANY & DEALERSHIP MANAGEMENT COMPANY, LLC, A 14RCIN/A CORPORATION, AS APPEARS
IN THE ACCOMPANYING PLAT, /S WITH THE FREE CONSENT AND IN ACCOR AN E WITH THE DESIRES OF THE
PRI£TORS, AND TRUSTEES, IF ANY.
UNDERSIGUD7,/av
gyof -Zy-O
BY: 1 BY:
ON !2T OF MI'AUTO SALES DATE ON BEHALF OF SHIP MANA ENT COMPANY, LLC DATE
STATE OF iMn�G —,/ NOTARY PUB C
W I nCY' �t
CITY/COUNTY OF
� y� p
1HE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS DAY OFJune _,200s BY ON BEHALF OF MILLER AUTO SALES.
{�
INC.. A MRONIIAjLIMITED LIABNTY COMPANY. ! AA AA PA
�1 L � n � �
STATE OF
MY COMMISSION EXPIRES
CITY/COUNTY OF
THE FOREGDING INSTRUMENT WAS ACKNOWLEDGED BEFORE BEFORE ME THIS DAY OF TO� 2009 BY BEHALF OF DEALERSHIP
MANAGEMENT COMPANY,LLC. A VIRGINIA CORPORATION.
O✓ 1 1
lo-'31-IrYMILIC
MY COMMISSION EXPIRES
SURVEYOR'S CERTIFICATE
l HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS MINOR SUBDIVISION PLAT /S 7HE SAME LAND CONVEYED TO
MILLER AUTO SALES, INC., A VIRGIN/A LIMITED LIABILITY COMPANY & DEALERSHIP MANAGEMENT COMPANY, LLC, A
WRGINIA CORPORAT7ON BY DEED DA7E0 AUGUST 12, 2004 AND RECORDED AS /NS7RUMENT 1040016095 IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, WRG/NIA.
MINOR SUBDIVISION
},TH OF
OF THE PROPERTY OF
�r4,c
MILLER AUTO SALES, INC.
o{`�P
A VIRGINIA LIMITED LIABLITY COMPANY &
DEALERSHIP MANAGEMENT COMPANY, LLC
ELLIOTT RITCHIE, JR.
A 141?GINIA CORPORA TION
No. 1318
INSTRUMENT f040016095
��7/p�
SHAWNEE MAGISTERIAL DISTRICT
COUNTY I A
FRDA
OR-
L9'�'D
DATE.-K
MARCH 31, 2009
sUfo-so,
0902005-CrossPointe-Miller-SUB REWSED: MAY 27, 2009 SHEET 1 OF 4
AMW
PAINTER- LEWIS, P. L. C.
817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792
Winchester, Virginia 22601 Facsimile (540) 662-5793
CONSULTING
ENGINEERS Email: office®painterlewis.com
S:LS.ry \MMS-Oms -- IiIlaW90z005GmtPtiMeA AV
CURVE TABLE
No
RADIUS
ARC
CHORD
I BEARING
TAN
DEL TA
01
176. 64
33.16
33. I I
S 4638 39 E
16. 63
10 45 19
C2
200.00
73.30
46 DO E
37.07
21 r70 00
C3
282.61
163.17
4333 E
83.93
33-04 54
C4
459.50
190.45
78 40 E
96.61
23 44 51
C5
265.00
418.53
46 06 E
=S7J97'45"
267.28
9079 29
C5A
265.00
264.95
37 45 E
14474
577709
CSB
265.DO
153.58
1'0731 E
79.01
3372 19
EASEMENT CURVE TABLE
No
RADIUS
ARC
CHORD
BEARING
TAN
DELTA
EC1
307.61'
153.44'
151.85'
N 4758'37'
78.35'
28'34'46"
EC2
299.61'
23.54'
23.54'
N 31'26'10" W
11.78'
4'30'08"
EC3
476.50'
288.31'
283.93'
N 11'51'06" W
148.72'
34'40'00"
EC4
231.00'
JK2L
318.93'
S 88 10-41" W
220.41'
871'39"
EC5
EC6
2LQL
RUE
443.80'
205.33'
22: 9'
203.35'
N 89'46'06" E
S 15'23'36- E
283.42'
104.69'
90 '29"
27'34'59"
EC7
2461
7.324
83'35"
38.97'
17-44-58 "
ECS
257.61'
689
678..0723'
S5403602
34.67'
1519*56"
EASEMENT
LINE TABLE
No BEARING *358T4'
E1 S 5401'46" E
E2 S 30*4431 E
E3 S 9 28'15" E 17.07'
E4 S 5618'46" W 8.00'
E5 S 4528'3 ' E 50.00'
E6 N 4459'10" W 61. 4'
E7 N 4 '03'56" E 8.00'
E8 N 5011'35" W 77.09'
AREA TABULATION
LOT 1 6.7482 ACRES
LOT 2 + 2.6838 ACRES
LOT 3 + 2.8567 ACRES
LOT 4 + 2.9294 ACRES
R/W DEDICATION + 0.2328 ACRES
ORIGINAL AREA 15.4509 ACRES
W0317XI
LEGEND
HMF - HIGHWAY MONUMENT FOUND
IRF - IRON ROD FOUND
BRL - BUILDING RES7RICT70N LINE
EX WATER EASEMENT
SANITARY
SEWER EASEMENT
EX SANITARY SEWER &
WATER EASEMENT
PROPOSED PRIVATE
ACCESS EASEMENT
1. NO 777ZE REPORT FURNISHED. EASEMENTS MAY EXIST THAT
ARE NOT SHOWN ON THIS PLAT.
2. PROPERTY IDEN 77FICA 77ON No. 75-A-11C
J. IRON RODS HAVE BEEN, OR WILL BE SET, AT ALL PROPERTY
CORNERS NOT PREWOUSL Y MONUMENTE'D.
4. BOUNDARY INFORMA77ON SHOWN HEREON IS BASED UPON PLAT
OF SURVEY EN7777E0 FINAL PLAT - A POR77ON OF THE LAND OF
BAT7ZEF7ELO PARTNERSHIP" DA7ED NOVEMBER 21, 1985,
PERFORMED BY THOMAS A. SHOCKEY AND RECORDED WITH DEED IN
DEED BOOK 608 AT PAGE 273.
PR/VA TE ACCESS EASEMENT NOTE
THE PROPOSED SHARED PRIVATE DRIVEWAY IS NOT BUILT ACCORDING TO STREET STANDARDS OF AND WILL NOT BE
MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATI0N OR THE COUNTY OF FREDERICK. THE IMPROVEMENT
AND MAINTENANCE OF SAID DRIVEWAY SHALL BE THE SOLE RESPONSIBILITY OF THE OWNERS OF LOTS WHICH ARE
PROVIDED WITH ACCESS VIA THE DRIVEWAY. SAID SHARED PRIVATE DRIVEWAYS WILL NOT BE CONSIDERED FOR
INCLUSION INTO THE STATE SECONDARY SYSTEM UN77L THEY MEET THE APPLICABLE CONSTRUCTION STANDARDS OF
THE VIRGINIA DEPARTMENT OF TRANSPORTATION THE COST OF BRINGING SAID DRIVEWAYS TO ACCEPTABLE
STANDARDS SHALL NOT BE BORNE BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION NOR BY FREDERICK COUNTY.
MINOR SUBDI VISION
OF THE PROPERTY OF
t
�rA
MILLER AUTO SALES, INC.
VIRGINIA LIMITED LIABLITY COMPANY &DEALERSHIP
MANAGEMENT COMPANYLLCle
0. 9A
VIRGINIA CORPORA TION
INSTRUMENT 0040016095SHAWNEE
MAGISTERIAL DISTRICT
FRDATEC MARCH 31, 2009 K COUNTY /A0902005-CrossPointe-Miller-SUB
REVISED: MAY272009 SHEET 2 OF 4AMW
PAINTER-LEWIS, P. L. C.
817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792
Virginia 22601 Facsimile (540) 662-5793
CONSUL-nNWinchester,
ENGINEERS Email: office®painterlewis.com
5:LSu "\0902005-C-fti 4-Miller\09 WS<x falM %18.&g
GRAPHIC SCALE
100 0 50 100 200
VM '( ,�i'y PIKE S 45'28'39" E
1 inch = 100 ft. r'j ---
US ROUTE 80' R/w - N 36.43_5-- E -------'_= _--
--.. J-_-- 77771'
_ 5�L
LOT 4
TM 75_A-11C
2 9294 ACRES
I
EX 20' S ITARY SE R EASEMENT, /
Q
S 4459I70"
61. B"
l
/
.4
.
I ,: ..:
...-..l
EX SANITARY SEWER do
a
WATER EASEMENT
LOT 3
SEE SHEET 4
N
R W DEDICATION
0.2326 ACRES _
E 5::! 25.. I Al W }j}
w
w.:
LOT 1
T
o•�
TM 75-A-11L
6.7482 ACRES
TM 75-A-11C
15.4509 ACRES
(ORIGINAL AREA)
ZONED: 132 USE: COMMERCIAL
35' BRL —
— NT.*.:7 E 20691 —
N 3a 44 21 _ 226 91 . j
B
S 44'31'21' W 206.91'
LOT-2-- — 35' BRL
SEE SHEET 4
SEE SHEET 4
N
to
n
0
0
J
CID.
qWr
zw
U U
rn w
w
am
ao
ww
Z N
0
0
k
z
MINOR SUBDI KSION
OF THE PROPERTY OF
MILLER AUTO SALES, INCA
14RGINIA LIMITED LIABLITY COMPANY &DEALERSHIP MANAGEMENT COMPANY, LLC
eAMW
A WRGINIA CORPORA TION
INSTRUMENT 1040016095
SHAWNEE MAGISTERIAL DISTRICTFREDERDATE
MARCHIC31, 2009TYSCALE. Il''f00'
0902005-CrossPointe-Miller-SUB REWSED: MAY272009 SHEET 3 OF 4
PAINTER- LEWIS,
P. L. C.
817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792
Virginia 22601 Facsimile (540) 662-5793
CONSULTINWinchester,
ENGINEERS Email: office®painterlewis.com
s:\_S"o \0s02005 - uu Pol rc - mlllewzoost roi ns BAV
SEE SHEET 3
EX
LOT
3
61.
1
�
/._... -
EX SANITARY SEWER k
WATER,EASEMENT
Abe
LOT 3
TM 75—A-11N
2.8567 ACRES
50' BRL
Wpm
.
LOT 1
�..?o
SEE SHEET 3
U
TM 75—A-11C
15.4509 ACRES
o
(ORIGINAL AREA)
p
ZONED: B2 USE: COMMERCIAL
35' E
35' 1
LOT 2
TM 75—A-11M
2.6838 ACRES
50 BRL
i E5
y N
�zM
N
IRF INTERSTATE 81 TM 75-5-e
GRAPHIC SCALE VARIABLEWIDTH LIMITED ACCESS R/wN/F COMMONWEALTH OF VIRGKA
DEPARTMENT OF TRANSPORTATION
100 0 50 100 200 INS/ OOM527
1 I I ZONED: B2 USE: VACANT
1 inch = 100 ft.
MINOR SUBDII9SION
�PS,TH of v
OF THE PROPERTY OF
t
MILLER AUTO SALES, INC
A WRGINIA LIMITED LIABLI TY COMPANY &
DEALERSHIP MANAGEMENT COMPANY, LLC
ELLIOTT RITCHIE, JR.
A WRGINIA CORPORATION
No. 1318
INSTRUMENT 1040016095
5 Y(j9
SHAWNEE MAGISTERIAL DISTRICT
FREDEROR-
DATE.- MARCH/C 1 COUNTY
SCALE.- WRGINIA 1 `100'
tq� SW-4
090 200 5- CrossPoin te- M ill er- SU B REVISED: MAY 27 2009 SHEET 4 OF 4
NMW
PAINTER-LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792
Virginia 22601 Facsimile (540) 662-5793
CONSULTINWinchester,
ENGINEERS G Email: office®painterlewis.com
5:LSurvey\0902005 - GossPoiiRe - Mllc',09D�
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC MEETING
August 26, 2009
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: SUBDIVISION #03-09 AND WAIVER REQUEST OF MILLER AUTO SALES
On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting
being held on Wednesday, September 9, 2009 at 7:15 p.m. in the Board Room of the Frederick
County Administration Building at 107 N. Kent Street, Winchester, Virginia.
The meeting is to consider the Subdivision #03-09 and Waiver Request of Miller Auto Sales,
submitted by Painter -Lewis, P.L.C., to create four out -parcel lots, and waiver of the Code of
Frederick County, Subdivision of Land, Chapter 144, Article V Design Standards, § 144-24 Lot
Requirements, (C) Lot Access. The property is located on the eastern side of Valley Pike (Route 11),
south of the Route 37 interchange at Kernstown Commons, in the Shawnee Magisterial District, and
is identified by Property Identification Number 75-A-I IC.
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,
r,
ar R. Che
Zoning and Subdivision Administrator
un"1 1L61TII
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
This is to certify that i the attached correspondence was mailed to the following on
from the Department of Planning and Development, Frederick
County, Virginia:
75 -A- - 11-C
MILLER AUTO SALES INC
& DEALERSHIP MGMT CO LLC
3951 VALLEY PIKE
WINCHESTER VA 22602.2465
Painter -Lewis PLC
817 Cedar Creek Grade, Ste. 120
Winchester, VA 22601
75 - 3- - 21-
GARDEN OF EDEN LLC
118 GORDON RD
FALLS CHURCH VA
75 - 5- - 10-
ORANGE PARTNERS LLC
500 PEGASUS CT
WINCHESTER VA
75 -5- - 4-
ALDI INC
8751 GAS HOUSE PIKE
FREDERICK MO
STATE OF VIRGINIA
75 *A* - 2-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA 22655.0480
75 - A- - 2-13
VALLEY FARM CREDIT FLCA
PO BOX 2700
WINCHESTER VA 22604-1900
75 - A- - 2-E
SHIN DAVID
838 BENT CREEK DR
LITITZ PA 17543-8378
22046.4605 75 - 3- - 20-
PERRY RANDY R ETALS
PO BOX 807
STEPHENS CITY VA
22602-4596
22655.0807
21701.4793
'i
Mark R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
COUNTY OF FREDERICK
I, , a Notary Public in and for the State and County
aforesaid, dodiereby certify that ark R. Cheran, Zoning & Subdivision Administrator for the
Depart � ent f Planning and Development, whose name is signed to the foregoing, dated
has personally appeared before me and acknowledged the same in my
Stat and ounty aforesaid.
Given under my hand this day of
My commission expires on
11
BEVERLY H. DELLINGER
NOTARY ID # 331878
NOTARY PUBLIC
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES JULY 31, 2011
WE
4
1901 1F.11 U've
� �� /
COUNTY of FREDERICK
Department of Planning and Development
540/ 665-5651
FAX: 540/ 665-6395
NOTIFICATION OF PUBLIC MEETING
July 24, 2009
TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS
RE: SUBDIVISION # 03-09 AND WAIVER REQUEST OF MILLER AUTO SALES
On behalf of the Frederick County Planning Commission, you are hereby notified of a public
meeting being held on Wednesday, August 5, 2009 at 7:00 p.m. in the Board Room of the
Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia.
The meeting is to consider the Subdivision #03-09 and Waiver Request of Miller Auto Sales,
submitted by Painter -Lewis, P.L.C., to create four out -parcel lots, and waiver of the Code of
Frederick County, Subdivision of Land, Chapter 144, Article V Design Standards, § 144-24 Lot
Requirements, (C) Lot Access. The property is located on the eastern side of Valley Pike (Route 11),
south of the Route 37 interchange at Kernstown Commons, in the Shawnee Magisterial District, and
is identified by Property Identification Number 75-A-I IC.
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,
�j
NI k R. Cheran
Zoning and Subdivision Administrator
MRC/bad
107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000
This is to certify that the attached correspondence was mailed to the following on
J � a LP from the Department of Planning and Development, Frederick
County, V ginia:
75 -A- - 11-C
MILLER AUTO SALES INC
& DEALERSHIP MGMT CO LLC
3951 VALLEY PIKE
WINCHESTER VA 22602-2465
Patton Harris Rust Associates, PC
117 E. Piccadilly Street, Suite 200
Winchester, VA 22601
75 - 3- - 21-
GARDEN OF EDEN LLC
118 GORDON RD
FALLS CHURCH VA 22046-4605
75 - 5- - 10-
ORANGE PARTNERS LLC
500 PEGASUS CT
WINCHESTER VA 22602-4596
75 -5- - 4-
ALDI INC
8751 GAS HOUSE PIKE
FREDERICK MO 21701.4793
STATE OF VIRGINIA
COUNTY OF FREDERICK
75 - A- - 2-
BOWMAN-SHOEMAKER
COMPANIES INC
PO BOX 480
STEPHENS CITY VA 22655.0480
75 - A- - 2.G
VALLEY FARM CREDIT FLCA
PO BOX 2700
WINCHESTER VA 22604.1900
75 - A- - 2-E
SHIN DAVID
838 BENT CREEK OR
LITITZ PA 17543.8378
75 - 3. - 20.
PERRY RANDY R ETALS
PO BOX 807
STEPHENS CITY VA 22655.0807
R. Cheran, Zoning & Subdivision Administrator
Frederick County Planning Department
I, jalS4_Y\_U L . WQA_ Qe&2 , a Notary Public in and for the State and County
aforesaid, do hereby certify that Mark R. Cheran, Zoning & Subdivision Administrator for the
Department of Planning and Development, whose name is signed to the foregoing, dated
" 9 , has personally appeared before me and acknowledged the same in my
State ana County aforesaid.
Given under my hand this � day of Z _ 20�
My commission expires on 5u.rL1 30 , 02.0Ix
DIANE L. WALSH
i; JOTARY PUBLIC -REGISTRATION M 354475 NOTARY PU C
COMMONWEALTH OF VIRGINIA
MY COMMISSION EXPIRES
JUNE 30, 2012
w 4/ V)�/P\
A ILL E A A - A LDS
PIAJ�
TO:BARBARA-DATA PROCESSING
FROM:BEV - Planning Dept.
Please print f labels by
3 ° _sets
Name and Property Identification Number
Address
Name: Garden of Eden L.L.C.
118 Gordon Road
Property# 75-3-217
Falls Church, VA 22046
Name: Orange Partner , L.L.0
500 Pegasus Court
Property # 75-5-10
Winchester, VA 22602
Name: ALDI, Inc.
8751 Gas House Pike
Property # 75-5-4
Frederick, MD 21701
Name: Orange Partners, L.L.C.
500 Pegasus Court
Property # 75-5-5
Winchester, VA 22602
Name: Bowman-Shker Companies, Inc.
P.O. Box 480
Propertyoer}�fa
# 75-A-2 !/
Stephens City, VA 22655
Name: Valley Farm Cred" FLCA
P.O. Box 2700
Property # 75-A-2G
Winchester, VA 22604
Name: David Shin
838 Bent Creek Drive
Property # 75-A-2E
Lititz, PA 17543
Name: Sulky Drive Lan rust
103 North Braddock St.
Property # 75-3-20 ,/
Winchester, VA 22601
14
c� Cp SUBDIVISION REQUEST #03-09
MILLER AUTO SALES
aStaff Report for the Planning Commission
Prepared: July 10, 2009
Staff Contact: Mark R. Cheran, Zoning Administrator
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 08/05/09 Pending
Board of Supervisors: 09/09/09 Pending
LOCATION: The property is located on the eastern side of Valley Pike (Route 11), south of the
Route 37 interchange at Kernstown Commons.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 75-A-11C
PROPERTY ZONING & PRESENT USE: B2 (Business General) District
Land Use: Auto Dealership
ADJOINING PROPERTY ZONING & USE:
North: B-2 (Business, General)
South: B-2 (Business, General)
East: Interstate 81
West: B-2 (Business, General)
Use: Commercial
Use: Auto Dealership
Use: Interstate Highway
Use: Commercial/vacant
SUBDIVISION SPECIFICS: Subdivision of 15.2181 acres into four (4) parcels of 6.7482,
2.6838 acres, 2.8567 acres and 2.9294 acres. All parcels are zoned B-2 (Business General).
Subdivision Request #03-09, Miller Auto Sales
July 10, 2009
Page 2
Fire and Rescue: No comments
Sanitation Authority: No comments
Planning: This property had been zoned B-2 (Business General) when Frederick County
adopted zoning in 1967, and has no approved Master Development Plan (MDP). This request is
for subdivision of 15.2181 acres into four (4) parcels of 6.7482, 2.6838 acres, 2.8567 acres and
2.9294 acres. These parcels are located within the Route 11 South Corridor Land Use Plan and
the Sewer Water Service Area (SWSA) as indicated by the 2007 Comprehensive Policy Plan of
Frederick County
Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General
Business) Zoning District without an approved Master Development Plan (MDP) be presented to
the Board of Supervisors for final approval (Chapter I 44-12-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, 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 commercial
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 a
private commercial 50 foot ingress/egress from Valley Pike (Route 11). This 15.2181 acre
parcel abuts Valley Pike (Route 11), and is served by a single entrance onto Route 11.
STAFF RECOMMENDATION FOR 08/15/09 PLANNING COMMISSION MEETING:
In order for the proposed commercial lots on the Miller Auto Sales 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.
Staff is seeking two actions:
• Recommendation from the Planning Commission regarding the waiver of public road
frontage.
• Recommendation from the Planning Commission regarding administrative approval
authorityfor a four -lot subdivision.
All issues and concerns raised by the Planning Commission will be forwarded to the Board of
Supervisors for their consideration.
Eric Lawrence
From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Smith, Matthew,
P.E.[Matthew.Smith@vdot.virginia.gov]
Sent: Thursday, April 23, 2009 9:24 AM
To: office@painterlewis.com
Cc: Smith, Matthew, P.E.; Hoffman, Gregory; Baluch, Stephen; Sweitzer, Barry; Eric Lawrence;
John Bishop
Subject: Miller Auto Sales - Minor Subdivision Plat
Attachments: SCN_20090423101404_001. pdf
Attention: Mr. Elliott Ritchie
A VDOT review has been completed on the Miller Auto Sales Minor Subdivision Plat. VDOT requests
right-of-way dedication along Route 11 frontage to accommodate roadway improvements to the
north and future urban four -lane divided roadway (as called for in the County's Eastern Road Plan).
The attached plat shows the dedication needed. Any existing utility easements within this dedication
need to be vacated through this plat.
<<SCN_20090423101404_001. pdf»
If you have any questions, please feel free to give me a call.
Matthew B. Smith, P.E.
Residency StaffEngineer
VDOT - Edinburg Residency
14031 Old Valley Pike
Edinburg, VA 22824
Phone # (540) 984-5615
Fax # (540) 984-5607
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ELUOTT RITCHIE,'JR.
A 14RGINIA CORPORA T/ON
No. 1318
INSTRUWSVT ,3F040016095
SHAWNEE MAGISTERIAL DISTRICT
WRGIN
DATE.' MARCHI CUN31, C20009TYSCALE.- I 1 "=100'
0902005-CrossPointe-Miller-SUB SHEET 3 OF 4 AMW
PAINTER-LEWIS, P.L.C.
817 Cedar Creek Grade, Suite 120 Telephone (540) 662-5792
Winchester, Virginia 22601 Facsimile (540) 662-5793
ENGINEERS Email: office®painterlewis.com
oFRE COPY
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/ 665-6395
April 14, 2009
Ms. Jill Fries
Painter -Lewis, P.L.C.
116 South Stewart Street
Winchester, Virginia 22601
RE: MDP (Master Development Plan) Waiver Request
Miller Auto Sales, Inc.
Zoning District: B2 (Business General); Shawnee Magisterial District
Property Identification Number (PIN): 75-A-11C
Dear Jill:
I am in receipt of your letter, dated April 1, 2009, which requests a waiver to the requirement for a
master development plan to enable the subdivision of parcel 75-A-11C, which consists of 15.4508 acres,
into four separate parcels proposed to be served by a public road. This property is located on Valley
Pike (Route 11) near Kernstown; the owner of these parcels is listed as Miller Auto Sales, Inc.
Section 165-134 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, plats must be reviewed by Frederick County, including a public
meeting for review by the Planning Commission and the Board of Supervisors. Please note that since a
private road is being proposed, a waiver of the state road requirement must be requested from the Board
of Supervisors.
Please /contt me if you have any questions regarding this letter.
Sincer
ErictR.Zawrence, AICP
Planning Director
ERL/CEP/bad
cc: Mark R. Cheran, Zoning & Subdivision Administrator
107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000
Painter -Lewis, P.L.C.
817 Cedar Creek Grade, Suite 120
Winchester, Virginia 22601
540-662-5792
office(o)painterlewis. com
June 24, 2009
Mr. Mark Cheran
Frederick County Planning Department
107 North Kent Street
Winchester, VA 22601
RE: MILLER AUTO GROUP
WAIVER/EXCEPTIONS REQUEST APPLICATION
Dear Mr. Cheran
Enclosed, please find for your review, the following information for the Waiver
Application listed above:
■ A Waiver/Exceptions Request Application
■ A list of adjoining properties
■ Five (5) copies of the proposed plat signed by VDOT, Frederick
County Sanitation, and the Owner.
■ A fee check, in the amount of $500.
Please do not hesitate to contact this office if you would have any questions or need
additional information.
Sincere
Ji Frie
Engineering Admin. Assistant
PAINTER-LEWIS, P.L.C.
Enclosure
CC' Mr. John Miller, Owner
Miller Auto Sales
JOB NUMBER: 0902005
Document Approval Form
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
Candice
Mark
Dana
Eric
Mike
John
COMMENTS:
Received by Clerical Staff (Date & Time): �DS Q 2! (i
U:\Pam\Common\Document Approval Form.wpd
SUBDIVISION 03-09 (& WAIVER) MILLERt AUTO
Shawnee 4 LOTS 15.2181 ACRES ,.APPTZ(