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HomeMy WebLinkAbout11-06 Ronald and Velma Simkhovitch 2 Lots 8.45 Acres Stonewall - BackfileSubdivision Checklist 1. Comment sheets from the following agencies, along with any marked copies of the plan: VDOT City of Winchester GIS (Road Name Review) Sanitation Authority Health Departrnent Inspections Department Parks & Recreation Fire Marshal County Engineer 2. One copy of the subdivision application Application received. Fee paid (amount: $ � ) Information entered in d-BASE and Reference Manual File given to Renee' to add to Application Action Summary O l a Plat(s) signed by Subdivision Administrator Approval letter to applicant/agent a Copy of final subdivision plat(s) [with signatures) made and given to Mapping I'V and Graphics Manager for structure numbering assignment `7 Updated d-BASE and Reference Manual 3, 07, )Q l"ile given to Renee' -to update Application Action Summary Final plat(s) submitted with review agency signatures along with: -_--Recorded deed of dedication PC is s :,T Bond estimate (if required) $ -sau awallwbdivision.ut Revised- 0l'_4/02 O C. n 070003566 DIVISION OF 8.4547 ACRES —' Ronald S. & Velma B. Simkhovitch '_ Deed Book 948, Page 247 TM #54A-1-A June 29, 2006 Stonewall District, Frederick County, Virginia VICINITY SKETCH qq c Lill 14, 6 F SURVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the lands hereby divided is in the names of Ronald S. & Velma B. Simkhovitch and was acquired by them as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. Atz� /ti, , Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein divided is a portion of the land acquired by Ronald S. & Velma B. Simkhovitch by deed dated September 22, 1999 and recorded in Deed Book 948, Page 247. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This Division as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the same•,is hereby confirmed and submitted for record in the Clerk's Office of Frederick County, Vkgmia Ronald S. Simkhovitch Velma B. Simkhovitch NOTARY CERTIFICATE: STATE OF VIRGINIA;-EtTY/COUNTY OF r-A_ .LJLf('J<_ , to -wit: The foregoing owners consent and dedication was acknowledged before me this _day of 1 20C_. My commission expires o ary Public CERTIFICATE OF APPROVAL ;„' This Subdivision is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Frederick County Subdivision Administrator SHEET 1 of 2 5i r NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON NOVEMBER 29, 1999 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. OTHER RIGHTS -OF -WAYS OR EASEMENTS, IF ANY, ARE NOT SHOWN. AREA TABULATION EXISTING: TM #54A-1-A PROPOSED: NEW LOT TM #54A-1-A BUILDING RESTRICTION LINES ARE AS FOLLOWS: 50' FRONT 15' SIDE SHEET 2 OF 2 CURVE RADIUS I ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1869.86' 161.04' 160.99' N 34' 17'53" E 04'56'05" C2 1869.86' 311.51 311.15' N 41'32 16 E 09'32'42 C3 32.77' 32.34 31.05' S 28'S3'52 E 56'33 09 IRF IRS / \ � IRF !8IN CONC. MON. FOUND IRF = REIBAR FOUND ONT MEW LOT II IRS = REBAR SET / 13041 / IPF = IRON PIPE FOUND IPF ACRES / 54A-1-31A THE CONTRACTOR IRS YARD INC. #050 13821 8.4547 AC. 1.3041 AC. 7.1505 AC. J4'� l"i ��. DIVISION of 8,54547 ACRE TRACT STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: I" -- 200' DATE: JUNE 29, 2006 PRESENT OWNER: RONALD S. & VELMA B. SIMKHOVITCH TM #54A-1-A DB 948, P6 247 ZONED 82 d B3 PROJECT #010308 54—A-85 THE CONTRACTOR YARD, INC. #050013821 � � /`'' 54—A-1-0 / ACRES QUARLES IRF PETROLEUM INC. #020002649 IRF / IRF IPF LINE DISTANCE L1 _BEARING N 31'49'48" E 91.50' L2 S 58'49 12 E 529.65' L3 S 43'33'32" W 227.13 L4 S 58'47 09 E 251.39NF— L5 S 42' 19 48 W 117.71 ' L6 S 44'24'48" W 215.80' L7 N 59'40 12" W 726.00' L8 S 59*3719 E 34.03' L9 S 53'58 32 E 51.44' L10 I S 5736 02 E 121.81' �'� T H OF MICHAEL M. ARTZ y No. 1951Q�/ Lift SUR*4y.OIII Artz and Associates, PLC A Subsidiary of VaAe7 Batineeriaa. PLC LAND SURVEYING LAND PLANNING DEVELOPMENT 16 East Rowdily Street NTNCHESIER, VA 22601-4740 TEI. 340-557-3233 FAX 540-567-9188 TOLL FREE 1-800-755-7320 lqb O C.11 M MEMORANDUM OF SHARED PARKING THIS MEMORANDUM made thisju day of October, 2006 by Ronald S. Simkhovitch and Velma B. Simkhovitch, husband and wife, (hereinafter called "Owners"). RECITALS R-1 Whereas, Owners are fee simple owners of a certain tract of land containing a total of 8.4547 acres f; and, R-2 Whereas, Owners desire to subdivide the same, pursuant to that certain Plat and Survey drawn by Michael M. Artz, L.S., dated June 29, 2006; which divides the said tract into two parcels, including a new lot totaling 1.3041 acres f, including existing improvements that include a 17,500 square feet structure and related infrastructure and 10 parking spaces, and the residual lot containing 7.1505 acres f; and, R-3 Whereas, Owners intend in any subsequent deed(s) of conveyance to create certain easements for the benefit of each of the said parcels, including, inter alia, shared parking as contemplated and required by Chapter 165 of the Frederick County Zoning Code, §165-27 et seq,; and R4 Whereas, a minimum of 8_3 off-street parking spaces are required by the Zoning Code for the retail and restaurant uses associated with the 17,500 square feet structure; and R-5 Whereas, at least 73 of the 83 off-street parking spaces are to be located within and upon the existing or new parking areas contained in the said 7.1505 acres f; for the benefit of the abutting 1.3041 acres f, tract; and R-6 Whereas, the total spaces within the 7.1505 acres f tract shall equal the sum of the number required for each use sharing the parking (the original estimate of total required spaces for the site plan approved by the County of Frederick July 15, 2003 equal 335 spaces); and R-7 Whereas, the shared parking easement contemplated in any subsequent deed(s) of conveyance shall contain, inter alia, provisions assuring use of required parking spaces and proper maintenance of the parking area in accordance with Chapter 165 of the Frederick County Zoning Code, §165-27 B (4). Now therefore, in consideration of subdivision approval by the Frederick County Subdivision Administrator, the Owners covenant and agree that: 1) The foregoing recitals are incorporated by reference. 2) The easement for shared parking shall be a covenant that shall run with the land, and shall inure to the benefit of the owners, their successors and C) assigns, their agents, employees, business invitees, tenants and guests, and shall burden the respective parcels, perpetually. -�j 3) The owners agree for themselves, their successors and assigns to maintain the shared parking area in good condition and to perform such maintenance, repair and upkeep as is from time to time required and to share the costs of the same on a proportional or as otherwise agreed basis. 4) The owners shall reserve and grant for the benefit of the respective parcels reasonable rights of access and passage over the respective parcels for purposes of ingress and egress, maintenance and repair of parking easements, water, natural gas, utilities, cable, sewer and water -drainage easements and otherwise provide for repair and maintenance activities. 5) The location of at least 73 of the 83 parking spaces required to service the 1.3041 acres t tract, shall be within and upon the existing parking or new areas contained in the 7.1505 acres f tract, and 10 of the 83 parking spaces required to service the abutting 1.3041 acres f, shall be within and upon the 1.3041 acres f, tract. In addition, the total number of spaces within the 7.1505 acres f tract, excluding the 73 spaces allotted to the 1.3041 acres f tract, shall also equal the sum of the number required for each use within the 7.1505 acres f tract. 6) The shared parking easement shall be created by express grant and /or reservation or exception in the deed(s) of conveyance. Witness: Received: For the County of F ederick: By. VIRGINIA: FREDERICK COUNTY, SCT. This instrument of writing was prodtwed to me oon at1- :ind with certificate of admowledgement thereto annexed was admitted to record. Tax imposed by Sec, 58.1.802 of S , and 58.1-801 have been paid, ff aasessabk 4ow 4444-V , Qerk MEMORANDUM OF SHARED PARK NG THIS MEMORANDUM made this day of October, 2006 by Ronald S. Simkhovitch and Velma B. Simkhovitch, husband and wife, (hereinafter called "Owners"). RECITALS R-1 Whereas, Owners are fee simple owners of a certain tract of land containing a total of 8.4547 acres f; and, R-2 Whereas, Owners desire to subdivide the same, pursuant to that certain Plat and Survey drawn by Michael M. Artz, L.S., dated June 29, 2006; which divides the said tract into two parcels, including a new lot totaling 1.3041 acres f, including existing improvements that include a 17,500 square feet structure and related infrastructure and 10 parking spaces, and the residual lot containing 7.1505 acres f; and, R-3 Whereas, Owners intend in any subsequent deed(s) of conveyance to create certain easements for the benefit of each of the said parcels, including, inter alia, shared parking as contemplated and required by Chapter 165 of the Frederick County Zoning Code, §165-27 et seq,; and R4 Whereas, a minimum of 83 off-street parking spaces are required by the Zoning Code for the retail and restaurant uses associated with the 17,500 square feet structure; and R-5 Whereas, at least 73 of the 83 off-street parking spaces are to be located within and upon the existing or new parking areas contained in the said 7.1505 acres f; for the benefit of the abutting 1.3041 acres f, tract; and R-6 Whereas, the total spaces within the 7.1505 acres f tract shall equal the sum of the number required for each use sharing the parking (the original estimate of total required spaces for the site plan approved by the County of Frederick July 15, 2003 equal 335 spaces); and R-7 Whereas, the shared parking easement contemplated in any subsequent deed(s) of conveyance shall contain, inter alia, provisions assuring use of required parking spaces and proper maintenance of the parking area in accordance with Chapter 165 of the Frederick County Zoning Code, §165-27 B (4). .Now therefore, in consideration of subdivision approval by the Frederick County Subdivision Administrator, the Owners covenant and agree that: 1) The foregoing recitals are incorporated by reference. Z) The easement for shared parking shall be a covenant that shall run with the land, and shall inure to the benefit of the owners, their successors and assigns, their agents, employees, business invitees, tenants and guests, and shall burden the respective parcels, perpetually. 3) The owners agree for themselves, their successors and assigns to maintain the shared parking area in good condition and to perform such maintenance, repair and upkeep as is from time to time required and to share the costs of the same on a proportional or as otherwise agreed basis. 4) The owners shall reserve and grant for the benefit of the respective parcels reasonable rights of access and passage over the respective parcels for purposes of ingress and egress, maintenance and repair of parking easements, water, natural gas, utilities, cable, sewer and water -drainage easements and otherwise provide for repair and maintenance activities. 5) The location of at least 73 of the 83 parking spaces required to service the 13041 acres t tract, shall be within and upon the existing parking or new areas contained in the 7.1505 acres f tract, and 10 of the 83 parking spaces required to service the abutting 13041 acres f, shall be within and upon the 1.3041 acres t, tract. In addition, the total number of spaces within the 7.1505 acres f tract, excluding the 73 spaces allotted to the 1.3041 acres f tract, shall also equal the sum of the number required for each use within the 7.1505 acres f tract. ,) The shared parking easement shall be created by express grant and /or reservation or exception in the deed(s) of conveyance. Witness: Received: _- For the County of F ederick: By DIVISION OF 8.4547 ACRES Ronald S. & Velma B. Simkhovitch Deed Book 948, Page 247 TM #54A-1-A June 29, 2006 Stonewall District, Frederick County, Virginia VICINITY SKETCH SURVEYOR'S CERTIFICATE: I, Michael M. Artz, a duly authorized land surveyor, do hereby certify that the lands hereby divided is in the names of Ronald S. & Velma B. Simkhovitch and was acquired by them as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. AL4 Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein divided is a portion of the land acquired by Ronald S. & Velma B. Simkhovitch by deed dated September 22, 1999 and recorded in Deed Book 948, Page 247. Said deed being of record in the Clerk's Office of Frederick County, Virginia. This Division as it appears on the accompanying plats is with the free consent and in accordance with the desires of the undersigned owners of said land and the semis hereby confirmed and submitted for record in t6Clerk's Office„of Frederick County, Vkninia Ronald S. Simkhovitch NOTARY CERTIFICATE: STATE OF VIRGINIA;-EffWCOUNTY OF LC`1L , to -wit: t! - The foregoing owners consent and dedication was acknowledged before me this _day of At i t iA, 20. My commission expires ( U t(olary Public CERTIFICATE OF APPROVAL This Subdivision is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. acr date Frederick County Subdivision Administrator SHEET 1 of 2 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON NOVEMBER 29, 1999 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. OTHER RIGHTS —OF —WAYS OR EASEMENTS, IF ANY, ARE NOT SHOWN. AREA TABULATION EXISTING: TM #54A-1-A PROPOSED: NEW LOT TM #54A-1-A 8.4547 AC. 1.3041 AC. 7.1505 AC. O = POINT IRF = REBAR FOUND IRS = REBAR SET IPF = IRON PIPE FOUND BUILDING RESTRICTION LINES ARE AS FOLLOWS: 50' FRONT 15' SIDE CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1869.86' 161.04' 160.99' N 34' 17'53" E 0r56'05" C2 1869.86' 311.51 311.15' N 41'32 16 E 1 OW32 42" C3 32.77' 32.34' 31.05' S 28'53 52" E 56'33 09 /o,�'fit, \\� IRF PIE0 77.1505 /� 54-A-1-8 IPF v / / 1.3041T / / / IRS ACRES IRF / Ql1ARLE5 ACRES / `V / 54A-1-31A THE CONTRACTOR IRS N, YARD INC. DIVISION of 8,94547 ACRE TRACT CONC. D MON. / FOUN/ STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: I" = 200' DATE: JUNE 29, 2006 PRESENT OWNER: RONALD S. & VELMA B. SIMKHOVITCH TM #54A-1-A DB 948, PG 247 ZONED B2 d B3 PROJECT 101030a IRF 54-A-85 THE CONTRACTOR YARD, INC. #050013821 PE#0o2=2649 \ % IRF / IRF IPF IPF LINE BEARING DISTANCE L1 N 31'49'48" E 91.50' L2 S 5649' 12" E 529.65' L3 S 43'33'32 W 227.13' L4 S 58'47 09 E 251.39' L5 S 42' 19 48 W 117.71 ' L6 S 44 24'48" W 215.80' L7 N 5W40 12" W 726.00' L8 S 59'37 19 E 34.03' L9 S 53'58'32" E F 51.44' L10 S 5W36'02" E .81' 121 Artz and Associates, PLC A 3ubsidie7 of VaUey Sueneerim. PLC LAND SUR4E41NG LAND PIANNNO Ofimlonm ut 16 East Piocodly Stro WROOIER, VA. 22601-4740 TEL 340-667-3233 FAX 540-567-9183 ML FREE 1-800-755-7320 SUBDIVISION REQUEST # 11-06 RONALD AND VELMA SIMKHOVITCH Staff Report for the Board of Supervisors Prepared: August 29, 2006 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: 08/16/06 Recommended Approval Board of Supervisors: 09/13/06 Pending LOCATION: The property is located at the intersection of Martinsburg Pike (Route 11) and Park Center Drive (Route 1323). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54A-1-A PROPERTY ZONING & PRESENT USE: B-2 (Business General) Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: M-2 (Industrial General) Use: Industrial South: RP (Residential Performance) Use: Residential East: B-3 (Industrial Transition) Use: Commercial West: M-1 (Industrial Light) Use: Commercial SUBDIVISION SPECIFICS: Subdivision of an 8.45 acre into two parcels of 1.3041 acres and 7.15 acres zoned B-2 (Business General) and B-3 (Industrial Transition). Subdivision Application #11-06, Ronald & Velma Simkhovitch August 29, 2006 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: No comments Sanitation Authority: City of Winchester Public Utilities can serve this proposed subdivision with sewer and water. Planning: This request is for subdivision of an 8.457 acre lot into a parcel of 1.3041 acres. This 8.457 acre property is currently split -zoned B-2 (Business General) and B-3 (Industrial Transition) Zoning Districts. The 1.3041 acre property is zoned B-2 and the residue 7.1505 acre property is zoned B- 2/13-3. These properties will have access to Martinsburg Pike (Route 11); though access easements. Theses easements will serve the restaurant, vacant property, and fuel center. Both of these properties will be subject to the proffers and conditions of Rezoning #04-03 approved April 9, 2003. 1) Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District, and the B-3 (Industrial Transition) Zoning District without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapterl44-12-B). This proposed subdivision met the requirements for a waiver from the MDP requirements; the applicant has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. This project contains land zoned B-2 and B-3, and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action on the Subdivision request is necessary. STAFF RECOMMENDATION FOR 08/16/06 PLANNING COMMISSION MEETING: Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. PLANNING COMMISSION SUMMARY AND ACTION OF THE 08/16/06 MEETING: Staff noted that a shared parking agreement will need to be approved by the Zoning Administrator before the plats can be approved. A Commission member inquired if enough space was available to accommodate the parking and setbacks for the proposed subdivision. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 30, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION #11-06 FOR RONALD AND VELMA SIMKHOVITCH On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, September 13, 2006 at 7:15 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Subdivision #11-06 for Ronald and Velma Simkhovitch, submitted by Mark Stivers, Esq., for Commercial Use. The property is located at the intersection of Martinsburg Pike and Park Center Drive (Route 1323), and is identified with Property Identification Number 54A-1-A, in the Stonewall Magisterial District. 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. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, Mark R. Cheran Zoning 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 from the Department of Planning and Development, Frederick County, Virginia: 54A - 1- - A- SIMKHOVITCH, RONALD S & VELMA B 2929 VALLEY AVE g�V1' WINCHESTER, VA 22601-2631 Mark E. Stivers, Esquire PO Box 1737 Winchester, VA 22604P V� 43 -A- - 31- SHADE EQUIPMENT COMPANY, INC. PO BOX 2437 WINCHESTER, VA 22604-1637 43 - A- - 35- ZUCKERMAN, AARON & 606 TENNYSON AVE WINCHESTER, VA. 22601.3213 54A - 1- - B- QUARLES PETROLEUM, INC 54 - A- - 85- THE CONTRACTOR YARD, INC ATTN: JERRY WILHITE 900 W TRADE ST STE 715 CHARLOTTE, NC 28202.1144 54A-1--31- PACKARD, DONALD E SR & FRANCES J 1214 MARTINSBURG PIKE WINCHESTER, VA. 22603.5426 1701 FALL HILL AVE STE 200 FREDERICKSBURG, VA 22401 3564f Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK i a Notary Public in and for the State and County aforesaid, doLVereby certify that M k R. Cheran, Zoning & Subdivision Administrator for the Depart nt Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State d County aforesaid. Given under my hand this day of 00� My commission expires on r of d© NOTARY P LIC COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING August 2, 2006 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS(S) RE: SUBDIVISION #11-06 FOR RONALD AND VELMA SIMKHOVITCH On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, August 16, 2006 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia. This meeting is to consider Subdivision #11-06 for Ronald and Velma Simkhovitch, submitted by Mark Stivers, Esq., for Commercial Use. The property is located at the intersection of Martinsburg Pike and Park Center Drive (Route 1323), and is identified with Property Identification Number 54A-1-A, in the Stonewall Magisterial District. 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. Information regarding this application will also be available via the Planning Department's Web Page at www.co.frederick.va.us. Sincerely, *arkCheran Zoning Administrator 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify R;?-A t attached correspondence was mailed to the following on County, Virginia: from the Department of Planning and Development, Frederick 54A - 1- - A- SIMKHOVITCH, RONALD S & VELMA B 2929 VALLEY AVE WINCHESTER, VA 22601.2631' ` Mark E. Stivers, Esq. 20 E. Cork St. Winchester, VA 22601 43 -A- - 31- SHADE EQUIPMENT COMPANY, INC. PO BOX 2437 WINCHESTER, VA 22604-1637 43 - A- - 35- ZUCKERMAN, AARON & 606 TENNYSON AVE WINCHESTER, VA. 22601.3213 54 - A- - 85- THE CONTRACTOR YARD, INC ATTN: JERRY WILHITE 900 W TRADE ST STE 715 CHARLOTTE, NC 28202.1144 54A - 1- - 31- PACKARD, DONALD E SR & FRANCES J 1214 MARTINSBURG PIKE WINCHESTER, VA. 22603.5426 54A - 1- - B- QUARLES PETROLEUM, INC 1701 FALL HILL AVE STE 200 FREDERICKSBURG, VA 22401.3564 Mark R. Cheran, Zoning & Subdivision Administrator Frederick County Planning Department STATE OF VIRGINIA COUNTY OF FREDERICK I, , a Notary Public in and for the State and County aforesaid, do #ereby'cerTify that Mar R. Cheran, Zoning & Subdivision Administrator for the Depart ne t Nf Planning and Development, whose name is signed to the foregoing, dated has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this 0,-Jd day of My commission expires on off( l VA"MMy 1A /, M// TO: BARBARA-DATA PROCESSING FROM:BEV - PI nning Dept. Please print sets of label i�'lfr �( SANK SI 9. List of Adjoining Properties: The following names and addresses are all ofthe 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 Address?a &*Z43? a)mC r, VA 7,7W Property ID # ayon aLC.1[2Y'mokLu Address 6C6ZFNh! tISQNa VZ :W i►'yi�"V Property ID # Address & 17 01 4W 1 w'+ 7o Property ID # 6Z -fj,.Q Address 900 W -Trod` 5� 5m 7�S Property ID #�- r�-� ", �•- VCYiG1�Cx PaGLaral Address /Z 14 nUtA IS6W? lVAMP Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2- 6/ ?bZ TO: BARBARA—DATA PROCESSING FROM : BEV - PlgnI Dept. Please print sets of lab el i-IANKSI 9. List of Adjoining Properties: The following names and addresses are all ofthe individuals, fimns, 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. ��� 512de le' ' &qL6Y-=C, Address?O BeX Zq3? wihc ir, uA 7,204 Property ID # i ron x CC1C2Y rYlfi1J 6C6�/�(� �/]�r��� Address �,�N �✓'�� " v� : "� [..i�s� l L/ Property ID # ..,� - ' Ouarto5?erol�, l m Address & � �� �� / Gt� r Property ID # J-JR— Address 9DO W -?ram 51-. '�19 715 Property ID # f�aC,�Gird S� Address /Z N i%? PkIS6WY Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2- t3/ Z Subdivision Application #11-06, Ronald & Velma Simkhovitch August 29, 2006 Page 3 Staff replied that sufficient land was available and the subdivision will not create any non- conformity. There were no citizen comments on the proposed subdivision. The Planning Commission unanimously recommended approval. (Note: Commissioners Watt and Oates were absent from the meeting.) Zoning M2 (Industrial, General District) ' B1 (Business, Neighborhood District) 40 MH1 (Mobile Home Community District) B2 (Business, General District) 40 MS (Medical Support District) 40 B3 (Business, Industrial Transition Di " R4 (Residential, Planned Community District) 40 EM (Extractive Manufacturing District RS (Residential Recreational Community District) 40 HE (Higher Education District) RA (Rural Areas District) ® M1 (Industrial, Light District) RP (Residential Performance District) SUB # 11 - 06 Ronald & Velma Simkhovitch (54A-1 -A) 0.025 0.05 Miles ,�� S &L ps�5- BROWNING•FERRISINDUSTRIES J OA 26D43 4 A 43 A 26A V7 751 rr� 43 A 2�. QPy O� 43 19 3 �2 a� OJ [V P° „S w j G 7 srP m 43 A 26 f '< as ✓ am` 43 A 33 SHENANDOAH SAND, INC 43 A 38 ' PRECISION CR LLC Gy 334 es 43 A 38B �--. SUNBELT RENTALS, ZUCKERMAN, AARON& 43 A 35 43 A 31 ,f } SHADE EQUIPMENT COMPANY, INC. %.• S4q 1 ' ' S Sq q 4 lq 7 f Sqq j 4 37 q , 441 o. 1? q 1 S4q ?g F4// 'Vol', r7 h 54A 1 A SIMKHOVITCH, RONALD S & VELMA B THE CONTRACTOR YARD, INC sqq 11 ; 1 ?8 54 A 85 c Sqq � ?6 8 S4 54 A 8404V KRAFT FOODS NORTH AMERICA, INC 54 A 36H 4 P 54A ' 18 79 4 54 A 361. MLSJ O Aio­­ Long Range Land Use Institutional Rural Community Center Recreation Residential Historic . Business ® Mixed -Use y,> Industrial 4W Planned Unit Development N FORT COLLIER GROUP CALLAHAM, WILLIAM R 54 A 36U r FORT COLLIER GROUP V o 54 A 36A 3 54 A 360 KINGSDOWN, INC ten,<r; SUB # 11 - 06 Ronald & Velma Simkhovitch (54A-1-A) 0 0.025 0.05 0.1 Miles 0/z� BROWNING-FERRIS INDUSTRIES * 26D 43 4 Q 43 A 26A A 37 ....�, ... 37 43=25 ' a <.... v, 43 A 26 0' t f 43 A 33 `.. SHENANDOAH SAND, INC - 43 A 38 °x 43 A 27 PRECISION DRIVE, LLC t , 43 q 3 43— 19' 3 es< SUNBELT RENTALS, INC 43 A 38B zP a, r , _ zucicERMAN,aARONs '`43 `,A 35 t 43 A 31 pa ' FORT COLLIER GROUP SHADE EQUIPMENT COMPANY, INC. 36P w 4 64 e� 4 4 e q 7rt S4 3 q 7 54A 1 A 54A 1 B 323 CALIAHAM1i, WILLIAM R SIMKHOVITCH, RONALD S & VELMA B 54 A 36U _ ay k Q r a + � W LTHE CONTRACTOR YARD, INC i 54 A 85 m � e as • W p KRAFT FOODS NORTH AMERICA, INC 54 A 36f{ - * �,.._w P _ 54 A 361� % OApplication 2 a 3 w 1320 h R * �e z +� s _41 ,yFORT COLLIER GROUP f# + Boa 4 54 A 36A `r y m , 3, 54' A 360°, , KINGSDOWN, INC. SUB # 11 - 06 Ronald & Velma Simkhovitch (54A-1-A) 0 0.025 0.05 0.1 �� \� w BROWNING-FERRIS INDUSTRIES 43 A 26A A 43 A 25 A 26 43 A 33 SHENANDOAH SAND, INC 43 A 27 24 vOSP�• 1323 43..4 3q. 3 43 19 3 43 A 31 SHADE EQUIPMENT COMPANY, INC. 54A 1 A q r SIMKHOVITCH, RONALD S & VELMA B is �q r Sq q rq r 3' 4 q s4q r �Srq r 3p 44 q r? 1 ?s r rr c' s4q THE CONTRACTOR YARD, INC S4q r ?8 54 A 85 � r`O . r , 4q o rp r �qr � q 9 44 r d q r ?S 54 A 84 / 43 A 38 PRECISION DRIVE, LLC ZUCKERMAN, AARON B 43 A 35 54A 1 B 44 KRAFT FOODS NORTH AMERICA, INC 54 A 36H r? o �q r 4 0� �4g 1 P $44 1 18 54 A 361 / OApplication NC 43 A 38B N._'FORT COLLIER GROUP 5A p 1323 jJ l CALLAHAM, WILLUIM R 54 , A 36U M � n a 54 A 360 KINGSDOWN, INC SUB # 11 - 06 Ronald & Velma Simkhovitch (54A-1-A) 0 0.025 0.05 0.1 r FORT COLLIER GROUP 54 A 36A �,y VYw r, APPLICATION AND CHECKLIST SUBDIVISION FREDERICK COUNTY, VIRGINIA Applicant/Agent: ,4')qX K f- STr VIE y.. S Address: Ov / Phone Number: 9yo - 7 Z Owner's Name: 20� n I UP r� St'rv� lC� n U Address: 0/0 2-1 29' Phone Number: S �{ U - Co �o �� -- T �� U Please list names of all owners, principals, and/or majority stockholders: SArn-e 4 s a 4>0Ue Contact Person: ,-)IA er F -S i , V � ✓t-S Phone Number: 5-1lo % Z Z- 6 1 !p NAME OF SUBDIVISION: N�w Number of Lots: Total Acreage:• A 1 Property Location: :rr\4C.4--Se c z 0-1 �'1^c..—�t ►-�i�w-�,�� �4 -PC4 ( C-e.r- t-�( -Dr ,V 2 (Give State Route # and name, distance and direction from intersection) Magisterial District: J e rva ( I )-4-d cp- 13 Property Identification Number (P.I.N.): �A- - /- A (Parent Tract) Property zoning and present use: I�_it a rr�,n� Adjoining property zoning and use: tz-+y*c K ye-t-A 7vi c,- Has a Master Development Plan been submitted for this project? If yes, has the final MDP been approved by the Board of Supervisors? What was the Master Development Plan title? Does the plat contain any changes from the approved MDP? If yes, specify what changes: Yes X No _Yes No Yes No Minimum Lot Size (smallest lot): 3 oY / ,4 c_ 7. /S S- 0-e X ,ke Number and types of housing units in this development: N�14 T 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: .Z4- 9. 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 G =e, Address?o &* M3 ? Vlndu6&r, 0 Z Property ID# 43- -51 �' � 2ua4 M013 Address6C6 T�iV N V5&1 V� : v1CjtaSEt,t', t/ Property ID # - %Uar&5?&%rolaAM Address & 17Dt *41 tt 62e'�= V /J ' Property ID # Address Property ID # f QGL�Lirci So% Address /Z l41 &Yt4 'n 6wy Pik' Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2 - V ?DZ DIVISION OF 8.4547 ACRES Ronald & & Velma B. Simkhovitch Deed Book 948, Page 247 TM #54A-1-A June 29, 2006 Stonewall District, Frederick County, Virginia VICINITY SKETCH SURVEYOR'S CERTIFICATE: I, Michael M. Arm, a duly authorized land surveyor, do hereby certify that the lands hereby divided is in the names of Ronald S. & Velma B. Simkhovitch and was acquired by them as stated in the Owner's Certificate. I further certify that these tracts are properly and accurately described and are within the boundaries of the original tracts. A. <99 Certified Land Surveyor OWNER'S CERTIFICATE: The undersigned fee simple owners hereby certify that the land herein divided is a portion of the land acquired by Ronald S. & Vehna B. Si nkhovitch by deed dated September 22, 1999 and recorded in Deed Book 948, Page 247. Said deed being of record in the Clerks Office of Frederick County, Virginia. This Division as it appears on the accompanying plats is with the fine consent and in accordance with the desires of the undersigned owners of said land and the spme)is hereby confirmed and submitted for record in t�klerks Office,.of Frederick County, Virginia NOTARY CERTIFICATE: STATE OF VIRGINIA;-effWCOUNTY OF r 4Ci9 h LK. to -wit: The foregoing owners consent and dedication was acknowledged before me this _day of 201Q�Q-. My commission expires .� tfbtary Public CERTIFICATE OF APPROVAL This Subdivision is approved by the undersigned in accordance with existing subdivision regulations and may be admitted to record. date Frederick County Subdivision Administrator SHEET 1 of 2 NOTES: 1. BOUNDARY SHOWN HEREON WAS DETERMINED BY A FIELD RUN SURVEY PERFORMED BY ARTZ & ASSOCIATES ON NOVEMBER 29, 1999 2. THIS PLAT IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. NO TITLE REPORT FURNISHED. 4. OTHER RIGHTS -OF -WAYS OR EASEMENTS, IF ANY, ARE NOT SHOWN. AREA TABULATION EXISTING: TM #54A-1-A PROPOSED: NEW LOT TM #54A-1-A N 8.4547 AC. 1.3041 AC. 7,1505 AC. O = POINT IRF = REBAR FOUND IRS = REBAR SET IPF = IRON PIPE FOUND BUILDING RESTRICTION LINES ARE AS FOLLOWS: 50' FRONT 15' SIDE CONC. [D" / FOUND / NEW LOT 13041 IPF / ACRES / ass J\ / 7v 54A-1-31A < THE CONTRACTOR IRS YARD, INC. #050013821 CURVE RADIUS ARC LENGTH CHORD LENGTH CHORD BEARING DELTA ANGLE Cl 1869.86' 161.04' 160.99' N 34'17'53" E 04'56'05" C2 1869.86' 311.51 311.15' N 41'32 16" E O 32'42 C3 32.77' 32.34 31.05' S 2&53 52" E 56'33'09 Ntr P CA \ \ IRF DIVISION of 8.4547 ACRE TRACT STONEWALL DISTRICT, FREDERICK COUNTY, VIRGINIA SCALE: N = 200' DATE: JUNE 29, 2006 PRESENT OWNER: RONALD S. & VELMA B. SIMKHOVITCH TM #54A-1-A DB 948, PG 247 ZONED 82 & B3 PROJECT 1010308 54-A-85 THE CONTRACTOR YARb INC. #0506 3821 7.7.1505 /54-A-1-B ACRES / (�UARLES IRF PETRbLEUM INC. #020002649 mom., � IRF /IRF�� / IPF LINE BEARING DISTANCE L1 N 31'49'48" E 91.50' L2 S 58*49'12" E 529.65 L3 S 43'33'32" W 227.13 L4 S 58'47'09" E 251.39' L5 S 42* 19 48" W 117.71 ' L6 S 44'24'48 W 215.80' L7 N 59'4012" W 726.00' L8 S 59*37'19 E 34.03' L9 S 53'58'32 E 51.44' L10 S 59'36'02 E 121.81' Artz and Associates, PLC A Subsidiary of Valley Sndneerint, PLC LAND SURVEYING 1M70 PIANNNG DEVELOPIENf 16 Easl PiasdiYy Sbed WMCHESR3t, VA 22111-4140 Rl 540-667-3233 FA% 540-667-9189 TOLL FREE 1 -M-755-7320 SUBDIVISION REQUEST # 11-06 4`cK ` cOG�a RONALD AND VELMA SIMKHOVITCH Staff Report for the Planning Commission w Prepared: July 31, 2006 38 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: 08/16/06 Pending fi W-j�R.OVM Board of Supervisors: 09/13/06 Pending LOCATION: The property is located at the intersection of Martinsburg Pike (Route 11) and Park Center Drive (Route 1323). MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 54A-1-A PROPERTY ZONING & PRESENT USE: B-2 (Business General) Land Use: Commercial ADJOINING PROPERTY ZONING & USE: North: M-2 (Industrial General) Use: Industrial South: RP (Residential Performance) Use: Residential East: B-3 (Industrial Transition) Use: Commercial West: M-1 (Industrial Light) Use: Commercial SUBDIVISION SPECIFICS: Subdivision of an 8.45 acre into two parcels of 1.3041 acres and 7.15 acres zoned B-2 (Business General) and B-3 (Industrial Transition). Subdivision Application #11-06, Ronald & Velma Simkhovitch July 31, 2006 Page 2 REVIEW AGENCY COMMENTS: Department of Transportation: No comments Sanitation Authority: City of Winchester Public Utilities can serve this proposed subdivision with sewer and water. Planning: This request is for subdivision of an 8.457 acre lot into a parcel of 1.3041 acres. This 8.457 acre property is currently split -zoned B-2 (Business General) and B-3 (Industrial Transition) Zoning Districts. The 1.3041 acre property is zoned B-2 and the residue 7.1505 acre property is zoned B- 2/13-3. These properties will have access to Martinsburg Pike (Route 11); though access easements. Theses easements will serve the restaurant, vacant property, and fuel center. Both of these properties will be subject to the proffers and conditions of Rezoning #04-03 approved April 9, 2003. Staff Review: The Subdivision Ordinance requires that land divisions in the B-2 (General Business) Zoning District, and the B-3 (Industrial Transition) Zoning District without an approved master development plan, be presented to the Board of Supervisors for final approval (Chapter I 44-12-B). The Master Development Plan (MDP) requirement may be waived under Section 165-134B of the Frederick County Zoning Ordinance provided: 1) No new streets, roads or right-of-ways, or extends any existing or dedicated street, road or right-of-ways and does not significantly change the layout of existing or dedicated streets, roads or rights -of -way. 2) Does not propose any stormwater management systems designed to serve more than one lot or significant changes to the existing stormwater management system. 3) The proposed subdivision is harmonious with the surrounding properties and land uses. 4) Is not an integral portion of a property proposed or planned for future development or subdivision. 5) That such development does not substantially affect the purpose and intent of this chapter. This proposed subdivision met the requirements for a waiver from the MDP requirements; the applicant has been granted a waiver of the MDP requirements. The design elements associated with the MDP have not been waived. This project contains land zoned B-2 and B-3, and does not have an approved MDP; therefore, Planning Commission and Board of Supervisors review and action on the Subdivision request is necessary. Subdivision Application #11-06, Ronald & Velma Simkhovitch July 31, 2006 Page 3 STAFF RECOMMENDATION FOR 08/16/06 PLANNING COMMISSION MEETING: Staff is seeking administrative approval authority; therefore, a recommendation from the Planning Commission to the Board of Supervisors regarding the subdivision request is desired. All issues and concerns raised by the Planning Commission will be forwarded to the Board of Supervisors for their consideration. Request for Subdivision Plan Comments City of Winchester Mail to• Hand deliver to: Winchester Planning Department 15 N. Cameron Street Attn: Planning Director Rouss City Hall 15 N. Cameron Street Winchester, VA Winchester, Virginia 22601 (540) 667-1815 Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach one (1) copy of the Subdivision Plan with the sheet. Applicant's Name: ��^,N ak #,- ,&d, URN w,f'- S, w,k,A, n 4r- I1 Address: 4/tom 7,9g7 '3 V u I l:ra, (,44jlVt� ZZ/sU7� Phone Number: 140' 6, toy - YL-5 0 Name of development and/or description of the request: S mod' i ,, ,, 04 LX UC� n • 4 SLi`l +r�r-f-,A,,4e-A Cry . — N----3 lei I.3yLl I Qc r�e� Location of property: Crr City of Winchester's Comments: *** Please return this form to applicant *** COUNTY Department of Plaming and Development 107 North Kent Street l Winchester, Virginia 22601-5000 Telephone: 540/665-5651 FAX:540/665-6395 WAIVER/EXCEPTIONS REQUEST APPLICATION 1. Applicant: j?cr\&l J, Utz unI- S' w NKlICA ; A-t Name: Telephone: 114,SSO Address: r-/0 24 Zg U,11, !� 4ye ✓I v,-- W I vlC � -e S-Ic-(- V 0, Z-z-& 0 2- 2. Property owner (if different than above): Name: Address: 3. Contact person (if other than above): Telephone: Name: N v4 2y- ST i v f +2 S Telephone: 4. Waiver request details (include specific ordinance requirements to be waived): iya- for reqits4 AAV( eta- e2�vo)', I -to 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): Of `Mw-i+rs`b��c; , l4 &"d Tt y C,J,-X 6. Parcel Identification/Location: Parcel identification Number Sq,( - f - A Magisterial District: -5+am? Lje, / 7. Property zoning and current use: Zoned: -[�Z A IS 3 District Current Use: B Z - o,,,,� r{ s-k-m, r,t 0,'rt 8. Attachments: Adjoining Property Owners List ✓ Existing/recorded and Proposed Plats 414g �cl ty7 OFFICE USE ONLY: Fee: $500 enclosed Receipt # d N w E REQUESTING AGENT: DEPT. OF GEOGRAPHIC INFORMATI FREDERICK COUNTY, VIRGDUA GIS, MAPPING, GRAPHICS WORK REQUEST DATE RECEIVED: //'� 40"o REQUESTED COMPLETION DATE: Department, Agency, or Company: I.- Mailing and/or Billing Address: Telephone: FAX. E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: (Write additi DIGITAL: PAPER FAX: SIZES: COLOR: BLACKIWHITE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: 0,000 v,,F-LA11 sl m kW o v rl—(�Y PIAJ -#--- NUMBER OF COPIES: HOURS REQUIRED: AMOUNT DUE: AMOUNT PAID: AMOUNT BILLED: METHOD OF PAYMENT: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) SUBDIVISION #11-06 RONALD & VELMA SIM MO Stonewall .4LOTS8.45 ACRESAnP_RoVr TCH � LF