Loading...
HomeMy WebLinkAbout05-09 Winchester Metals 2 Lots 15.828 Acres Stonewall - Backfilew/IIU159 SUBDIVISION CHECKLIST 1. Comment sheets from the following agencies, along with any marked copies of the plan: r/ VDOT City of Winchester GIS Sanitation Authority Health Department Inspections Department Parks & Recreation Fire Marshall County Engineer 2. One copy of the subdivision application TRACKING SHEET Application received 00 Fee paid ( $ �; UC7 r ) e filled in if an MDP is associated this su vision MDP # Approve y BOs: min. Approval: Information entered in D-base and Reference Manual Application Action Summary updated 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 a . -f oR 101, %i&ation Action Sum m ry updated (o Final plat(s) submitted with review agency signatures along with: Recorded Deed of Dedication Sys ID 4 Bond estimate (if required) $ w 0 m o N cV (V UQyv "G j11j N � Vl x (L i Lt d DATE (� L�� U NO. 12 3 7 RECEIVED FROM 1 Ci r JFOR RENT 11'� 'l � ® - j, yy� �` UFOR <�V' &LQ.Y✓`� �`�"y� �l vh� P -03 . AMT. OF ACCOUNT CASH AMT. PAID Q �^ CHECK BALANCE MONEY DUE ORDER 4a-A I ZA BY 7563-9241 EBY/cmj Cn 09U013785 0 0 THIS DEED, made and dated this 17' day of December 2009 by and between WINCHESTER METALS, INC., a Virginia Corporation, hereinafter called the Grantor, and DMJ HOLDINGS, L.L.C., a Virginia Limited Liability Company, 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, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain tract of land, lying and being situate in the Stonewall Magisterial District, Frederick County, Virginia, designated as Lot 1, containing 5.7599 acres, more or less, and more particularly described on the plat and survey drawn entitled "Final Plat of Subdivision of the Land of Winchester Metals, Inc., 195 Ebert Road", drawn by Douglas C. Legge, L.S., dated October 6, 2009 attached hereto and made a hereof as if set out in full. AND BEING a portion of the property conveyed to Winchester Metals, Inc., a Virginia Corporation by Deed from C & S Steel Fabricating, Inc., a Virginia Corporation, dated November 14, 1975 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 451, at Page 657. C& S Steel & Fabricating, Inc., changes its name to Charles Zuckerman & Son, Inc., by Articles of Amendment dated October 1, 1976 of record in the aforesaid Clerk's Office in Charter Book 4, at Page 409, and by Certificate of Amendment issued by the State Corporation Commission of the Commonwealth of Virginia dated October 5, 1976 of record in the aforesaid Clerk's Office in Charter Book 4, at Page 411. Charles Zuckerman & Son, Inc., changed its 'name to Winchester Metals, Inc., by Articles of Amendment dated June 17, 2004 of record in the aforesaid Clerk's Office as Instrument Number 050028256, and by Certificate of Amendment issued by the State Corporation Commission of the Commonwealth of Virginia, dated July 1, 2004 of record in the aforesaid Clerk's Office as Instrument Number 050028256. Reference is hereby made to the aforesaid instruments and the references contained therein for a further and more particular description of the property conveyed herein. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. 0 CD 0 cn The Grantor does hereby covenant that it has the right to convey to the Grantee; that the Grantee 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: WINCHESTER METALS, INC., a Virginia Corporation li�A(SEAL) DONALD M. PHEL , PRESIDENT STATE OF VIRGINIA COUNTY OF FREDERICK, To -wit: 1, Cathy M. Jewell, a Notary Public in and for the State and jurisdiction aforesaid, do hereby certify that Donald M. Phelps, as President, a duly authorized officer of Winchester Metals, Inc., dated this 17' day of December 2009 has personally appeared before me and acknowledged the same in my State and jurisdiction aforesaid. Given under my hand this 17' day of December 2009. Notary Public ,, ,, U ' pU:,1 IC x p."C. #13 067 NYL'Gn g5'D9 .0 P. C, SITE OGD C'yQRGES r0W ROAD 5 � P� VICINITY o s APPROVED BY • /d' i5.0 9 VIRG O T O TATION DATE IAASEPZAEN /9' oC7-o F!PERIC COUN TATION ORITY DATE FR DERICK COUNTY SUBDIVISION ADMINISTRATOR DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WINCHESTER METALS, INC., AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. ON BEHALF OF WINCHESTER METALS, INC.������ �'•, E MF NOTARY PUBLIC OF STATE OF : vAyeuo Z g pEG•g1rpl1 CITY/t'9tfNI-l' OF �{ L , �o o� : �, •• El ;• SLOB .......... �li�N4�0 THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON ry B (DATE) ON BEHALF OF WINCHESTER METALS, INC. &Aa6 ,�Y COMMISSION EXPIRES ON—Q 201 (NOTARY PUBLIC) a (DATE) SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL PLAT OF SUBDIVISION IS THE LAND CONVEYED TO WINCHESTER METALS, INC. (FORMERLY KNOWN AS CHARLES ZUCKERMAN & SONS), BY DEED DATED NOVEMBER 14, 1975, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 451 AT PAGE 657. FINAL PLAT OF SUBDIVISION ,TH O.P Dj OF THE LAND OF WINCHESTER METALS, INC. 195 EBERT ROAD 99 Dofiglas ge STONEWALL MAGISTERIAL DISTRICT Lie. No. 001197 FREDERICK COUNTY, VIRGINIA 94'D SUP jg, � DATE: 10/06/09 COVER SHEET SHEET 1 OF 2 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOU DOUN STREET -WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 -• FAX (540) 667-0469 EMAIL office@marshandlegge.com DWG NAME: ID2738-MRS tZ NOTES: 1. NO TITLE REPORT FURNISHED: THEREFORE, EASEMENTS MAY EXIST THAT ARE NOT SHOWN TM 44-A-12 ON THIS PLAT. - --- ZUCKERMAN ENTERPRISES, INC. 2. BOUNDARY INFORMATION SHOWN HEREON IS 08 310 - PG 699 BASED ON AN ACTUAL FIELD RUN SURVEY COMPLETED ZONED: M2 USE: RECYCLING OPERATIO ON SEPTEMBER 23, 2008. , ° 3. ACCORDING TO FLOOD INSURANCE RATE MAP NUMBER 51069CO250D, EFFECTIVE SEPT. 2, 2009, _ THE PROPERTY LIES IN ZONE A (NO BASE FLOOD ELEV hII477Rl/ DETERMINED), SPECIAL FLOOD HAZARD AREAS SUBJECT_° TO INUNDATION BY THE 1 % ANNUAL CHANCE FLOOD AND IN ZONE X, AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. LEGEND: CPF - CORNER POST FOUND IRF - IRON ROD FOUND IRS - IRON ROD SET IPF - IRON PIPE FOUND BRL - BLDG. RESTRICTION LINE TM 44-A-18 TRUSTEES OF WESLEYAN METHODIST FELLOWSHIP CHURCH DS 596 - PG 462 ZONED: RP USE: RELIGIOUS EX. 60' (0,0 591tipo q62 — — — 18217' ., zoOB 269 -A TM 44-A-15 zt RP SPRY DB 929 - PG 626 ZONED: RP USE: RES_ TM 44-A-14 ` STASIAK INSTR.020012758 ZONED: RP USE: RES. OB SOS OBE 3 US RE, �ENTjAL BDrCHF �A-11 R REVO INSl . e ZoiVEI)oOST BlE 0254 US RESID p 1 20' WATER ESMT HEREBY CREATED �B644Zy 36 --L44 !�� ZoNEE X ml ZQN til EMAINDEROFPARENT TRACT rl TM 44-A-12A 1 LOT 2 10.0677 ACRES ZONED:Ml I USE: MANUFACTURING f (1 S BRL � CRE r' -Al i S" ``� � I r uSF� I jr 42G45' I I RES.1 1 LOT 1 5.7599 ACRES ZONED: M1 �I�SE: MANUFACTURING' ���r l •31 ! I l JImo, y I E,}� b1ETq I vl �I I I, �75' II t450' TO INTX. CPF S 62M 06' E 685.05'( ' U. S. ROUTE l l EBERTROAD - VA. SEC.ROLITES37 i 1430i 200 0 200 50'R/W - DB 323 PG 320 1 INCH = 200 FEET FINAL PLAT OF SUBDIVISION OF THE LAND OF WINCHESTER METALS, INC. 195 EBERT ROAD STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 10/06/09 1 SCALE:1"=200' o� �o h INGRESS/EGRESS ESMT HEREBYCRE4TED ?0' WATER £SM'T HEREBY CREATED f� 4) CENTERLINE OF 50' UEESMT L 1=S28°00W 88.3' L2=S32°OOE 76.5' L3=S62'00'E-145T L4=S32°53'E-86.7' 71-f F4 1��f 9 Lic NOQ1 1' SHEET 2 OF 2 gN� Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com DRAWN BY: HH DWG NAME: ID2738-MRS CD CD O 0 0 V IRGINIA- FREDEMCKCOUMT-SC1- OD This instrument of writing was produced to me on a' atio n,N► and %ith certificate acknowledgement thereto annexed was admitted to record. Tax imftored by Sec. 5&1-= of and A k-80 L have bees paid, if assessable. oL SITE � o cy4�'�ES TOWN ROAD VICINITY MAP "=2000' Scale: 1 APPROVED BY VIR INI EPA T NT F ANS O TATION DATE D eF- NITATIO THORITY DATE WW4<OU FRTEbERICK COUNTY SU DIVISION ADMINISTRATOR DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WINCHESTER METALS, INC., AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. %tiltrofri `PNti MEADO�y�., ON BEHALF OF WINCHESTER METALS, INC. .� O .O�PPG NOTARY PUBLIC q : Q #3,Q STATE OFG���3°,t3 CIlk CITY/694�l-Pf OF iV,.„. ono t0 � ����0NWEP��� �� VV N� THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON_ ��},9�,�� ry ,y D 0cl BY (DATE) --��Q'Tji, x° /w, ff ON BEHALF OF WINCHESTER METALS, INC. )YIalreLoa)�Q =/Ar� COMMISSION EXPIRES ON (NO ARY PUBLIC) (DATE) SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL PLAT OF SUBDIVISION IS THE LAND CONVEYED TO WINCHESTER METALS, INC. (FORMERLY KNOWN AS CHARLES ZUCKERMAN & SONS), BY DEED DATED NOVEMBER 14, 1975, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 451 AT PAGE 657. FINAL PLAT OF SUBDIVISION OF THE LAND OF�Q` i TH OF G> WINCHESTER METALS, INC.. 195 EBERT ROAD 0 ou S . STONEWALL MAGISTERIAL DISTRICT Lic. No. 001197 FREDERICK COUNTY, VIRGINIA 0/i3O/io9 i�ND SURv�-vo DATE: 10/06/09 COVER SHEET SHEET 1 OF 2 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET -- WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL ofllce@marshandlegge.com DWG NAME: ID2738-MRS NOTES: 1. NO TITLE REPORT FURNISHED; THEREFORE, EASEMENTS MAY EXIST THAT ARE NOT SHOWN Z�N E P ON THIS PLAT. _ _ ZCN TM 44-A-12 2. BOUNDARY INFORMATION SHOWN HEREON IS ZUCKERMAN ENTERPRISES, INC. BASED ON AN ACTUAL FIELD RUN SURVEY COMPLETED DB 310 - PG 699 ZONED: M2 USE: RECYCLING OPERATIO ON SEPTEMBER 23, 2008. ° ° 3. ACCORDING TO FLOOD INSURANCE RATE MAP NUMBER 51069CO250D, EFFECTIVE SEPT. 2, 2009, THE PROPERTY LIES IN ZONE A (NO BASE FLOOD ELEV�/q TT RUN DETERMINED), SPECIAL FLOOD HAZARD AREAS SUBJECT ° TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD AND IN ZONE X, AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. LEGEND: CPF - CORNER POST FOUND IRF - IRON ROD FOUND IRS - IRON ROD SET IPF - IRON PIPE FOUND BRL - BLDG. RESTRICTION LINE TM 44-A-18 TRUSTEES OF WESLEYAN METHODIST FELLOWSHIP CHURCH DB 596 - PG 462 ZONED: RP USE: RELIGIOUS EX. 60' SOB 5'9 pG 462 J __ . TM 44-A-15 SPRY DB 929 - PG 626 ZONED: RP USE: REST` WH A-16 ZONED 89 - PGTACR146 —�` RP USE. R TM 44-A-14 STASIAK INSTR. 020012758 • ZONED: RP USE: RES. O� T SH A-13 Dg 502 O136 PG 6 USE RFS RP 33 'DENT/At BUTC TM44A-11 C L/V NCR vO AB,E IN TR 0800 T 20NFD 00254 USE. RES1D NT1AL i 20' WATER ESM'T� HEREBY CREATED ±450' TO INTX. CPF U. S. ROUTE 11 200 0 200 1 INCH = 200 FEET DATE: 10/06/09 I /r- —1 y 54:yy57" j26 45' LOT 1 / 5.7599 ACRES �S ZONED: M1 E: MANUFACTURIN /I /7 •aL,� 45 r21.2') rl _Tin 77' 9C N 56442�W ,360 �, IRF BRL — I 1 .I jm ZONE'PX� / ml ! i� �•�•10NE �I 'I REMAINDER OF I I PARENT TRACT I I TM 44-A-12A I I LOT 2 I I 10.0677 ACRES I ZONED: M1 I USE: MANUFACTURING I II 25' BRL I � lR �7 I iv 4p V JO S 62VO'06' E 685.05' (S54 52 E-N89. EBERT ROAD - VA. SEC. ROUTE 837 50'R4V - DB 323 PO 320 FINAL PLAT OF SUBDIVISION OF THE LAND OF WINCHESTER METALS, INC. 195 EBERT ROAD STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1 "=200' 2 �i 'INGRESS/EGRESS ESM'T HEREB Y CREA TED 20' WATER ESM'T HEREBY CREA TED 33.4) IRF CENTERLINEOF (43.0) 50' I/E ESM'T L 1=S28000'W-88.3' L2=S32000'E-76.5' L3=S62°00'E-145.7' L4=S32053'E-86.7' Aq ILTH OF j p �G' e Lic. No. 001197 SHEET 2 OF 2 L9ND SL3Rv�`Lo4' Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com DRAWN BY: HH DWG NAME: ID2738-MRS O �I df/FREDERICK l Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 - - - - -----December 10, 2009 Ms. Helen Hall Marsh & Legge Land Surveyors 560 N. Loudoun St. Winchester, VA 22601 RE: SUBDIVISION REQUEST #05-09 OF WINCHESTER METALS, INC. Dear Helen: This letter is to confirm that the above -referenced request for subdivision of 15.828 acres, creating two parcels of 5.7599 acres and 10.0677 acres, was reviewed by the Frederick County Board of Supervisors at their meeting on December 9, 2009, and administrative approval authority was granted to staff. The property is located on the southwest side of Ebert Road (Route 837), approximately 0.1 miles northwest of the intersection of Martinsburg Pike (Route 11) and Ebert Road and is identified by Property Identification Number 44-A-12A in the Stonewall Magisterial District. You previously provided this office with three properly signed copies of the plats. Our fee for signing the plats will be $400.00, $200.00 per lot. If you have any questions regarding the approval of this subdivision, please feel free to call this office. Sincerely, 1V�ark R. Chera` Zoning Administrator MRC/bad cc: Charles S. DeHaven, Jr., Stonewall District Supervisor Gary Oates and Richard Ruckman, Stonewall District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Winchester Metals, Inc., 195 Ebert Rd., Winchester, VA 22603 107 North Dent Street, Smite 202 ® Winchester, Virginia 22601-5000 Co SUBDIVISION REQUEST #05-09 WINCHESTER METALS, INC. Staff Report for the Board of Supervisors Prepared: December 3, 2009 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission 12/02/09 Recommended approval Board of Supervisors: 12/09/10 Pending LOCATION: The property is located on the southwest side of Ebert Road (Route 837), approximately 0.1 miles northwest of the intersection of Martinsburg Pike (Route 11) and Ebert Road. MAGISTERIAL DISTRICT: Stonewall EXECUTIVE SUMMARY FOR 12/09/09 BOARD OF SUPERVISORS MEETING: The applicant has requested a subdivision of 15.828 acres into two parcels of 5.7599 acres and 10.0677 acres for manufacturing use. Both parcels are zoned MI (Light Industrial). At their meeting of December 3, 2009, the Planning Commission unanimously recommended approval of this request. Staff is seeking administrative approval authority regarding this subdivision request. Subdivision Request #05-09, Winchester Metals, Inc. December 3, 2009 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 property is located on the southwest side of Ebert Road (Route 837), approximately 0.1 miles northwest of the intersection of Martinsburg Pike (Route 11) and Ebert Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-12A PROPERTY ZONING & PRESENT USE: M-1 (Industrial, Light) Land Use: Metal Recycling ADJOINING PROPERTY ZONING & USE: North: M-1 (Industrial Light) South: M-1 (Industrial Light) East: RP (Residential Performance) West: M-1 (Industrial Light) Use: Self-service storage Use: Metal Recycling Use: Residential Use: Metal Recycling SUBDIVISION SPECIFICS: Subdivision of 15.828 acres into two parcels of 5.7599 acres and 10.0677 acres for manufacturing use. REVIEW COMMENTS VDOT: This application for subdivision of this property appears to have little measurable impact on Route 837, the VDOT facility which would provide access to the property. Therefore, the plat is approved by this letter. Sanitation Authority: Show 20 foot water easement, private water line easement. Subdivision Request #05-09, Winchester Metals, Inc. December 3, 2009 Page 3 Staff Review: When Frederick County adopted zoning in 1967, this property was zoned M-1 (Industrial Light), and does not have �an approved Master Development Plan (MDP). The MDP requirement was been waived for this proposed subdivision. This request is for subdivision of 15.828+/- acres into two (2) parcels of 5.7599+/- acres and 10.0677+/- acres. These parcels are located within the North East Land Use Plan and the Sewer and Water Service Area (SWSA), as indicated by the 2007 Comprehensive Policy Plan of Frederick County The Subdivision Ordinance requires that land divisions in the M-1 (Industrial Light) Zoning District without an approved Master Development Plan (MDP) be presented to the 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, Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/02/09 MEETING: Commissioners commented that both parcels have frontage on Ebert Road, but access is through only one of the parcels. It was also noted that both sites have access to Martinsburg Pike through an existing 60-foot right-of-way, should they choose to use it. The applicant's representative said the existing entrance on Ebert Road has been reviewed and approved by VDOT; he said VDOT has provided an approval letter and has signed the plats. He pointed out that the existing entrance and features of this site will remain the same. Regarding the right-of-way to Martinsburg Pike, the land owner would have to seek commercial entrance permits from VDOT, if he wished to pursue construction of that entrance. There were no public comments. No other issues or areas of concern were raised by Commission members. The Commission unanimously recommended to the Board that staff be granted administrative approval authority for this subdivision request. (Note: Commissioner Triplett was absent from the meeting.) STAFF RECOMMENDATIONS FOR 12/09/09 BOARD OF SUPERVISORS MEETING: Staff is seeking administrative approval authority. CLAN LLC FeFRrRo �'�. . • ♦e a r°; e ee ZUCKERMAN ENTERPRISES INC eee ee y R40 ee ee Winchester Metals, Inc. SubWav # 05 - 09 Subdivision Wavier Request PIN: 44 - A - 12A Current Zoning Map Case Planner- Wheran w� Emure Rt37 Bypass Zoning 82 (Bosness. General HE (wgher Ed —non DI(Wd) 4M MNI (Mobile Rome Commun,ty Dr.o-,a)40 R5(Remderw11 R—eatwnal Community D¢trtol) Urban Development Area ZONE 4M B3(Busness, Industrial Bans,lion Dtstnct) ` M1 lntlustrial, LIght D,s ,O) • MS (Med,cal Support D,stricl) RA(Rural Aree Dla4ici) N 01UBWa10.5a BI (Business, Neighborhood District) 4M EM (Ertraenve Manulacluring D,M,0) M2 (Industrial, General E,,Vt t) Rajj> R4 (Residential Planned Commun,ty Drst-) RP (Res{deMral Perlormenca D,-O) - - � N,EwsA O wopedy ya,es 0 500 1,000 2,000 Feet Map Document (F \_ 1...1 ocator,_Mps\2009\SUBDIV0509 WinchesterMetalslnc 102009 mxd) 10/21/2009 --2 47 20 PM ,4vxzc-- 22-� G/ O'�� % %- 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: 1Anl) Vtl2VG4/a25, Telephone: .S ¢0 -8 �� O� C Address: -fib 9, R->N /i/uN S2FET 2. Property owner (if different than above): Name: k1ly(:14F'S2'G%/? /f%. '���, Telephone: -6,67 900o Address: /15 E/jC97- R04D AllzlC/fr-6 rm , A Z 2 &03 3. Contact person (if other than above): Name: 4�i) ID- WAZ-4- Telephone: -5 /U - 6-6 7 61-%,y 4. Waiver request details (include specific ordinance nrequirements to be waived): LSC� - � C N�I� ��liA�✓C �? COG/[-si �'f_ fl'�1JP 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): iuc- I-R6,,acgrY is 4p,- TEp oN TNT SLRofNw8si s, Or TNC /rV7E-k,5CCT/ KA. S'rc. RrE 8,37 v,/ 10kr .ti/OkT9t,*-5 nr //,s- 61/rc /I01fi2ri:Lt56u/2c- PikC) /IA/D G"56wr ieo.46. 6. Parcel Identification/Location: Parcel Identification Number 44 4 - /Z A Magisterial District: L 7. Property zoning and current use: Zoned: Al District Current Use: /V AV11/=A C,7'VR/l/�- 8. Attachments: Adjoining Property Owners List _ Existing/recorded and Proposed Plats OFFICE USE ONLY: Fee: $500 enclosed: Receipt #: /23 7 40 40 OCT 2 0 2009 ti 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 Z�u�/Z�tR�1 �ti�76RP/�rs�S,.ZNc. Address Z'7b /Qu. , i�i/n�Cff�s7F/2 , L14 zz6o3 Property ID # 4 ¢ _ A - /ZZ ,6U7C'HE02 fi'Zl'nC�6� C Address /`/ , e k1 vc#FSTc2, J1,4 zz,�.O3 Property ID P rtY 44- �4 - / / Address 2279 1-1MRTL 15,60KC, PIKFj l-111A1Cy657F2,1/,4 Z�C-'3 Property ID # ¢!4 _ A - rj/t1K �, 657�5/A K AddressZ6 9 r�ZR2rl� saui2(G P�k�, W�n/�/EG2 , ✓f� 22E os Property ID IVY Z�� 5,09Y Address 2259 &&71-AVJRG l�iKc, l�lnlcyC rc=Q� ✓A Zz663 Property ID # 6kvC'r A . GJfJ/7 C )er -�- AI1J-1 ~/�C'eC Address ? / �j/j27INs%� R� Plk"C, !v'1.�+/GN�src�?� V� 2z U3 PropertyID # 44 - A - / 6 TRUs r� E s QG l✓F�LtyR,c/ r'J�T/f�D/5T �Flll�h/SrJip GyU�cN 2239 ir .0 4 s vP-6- P/K� Address ' 57yry P�/N�� l�/� y, �� sly u26�, I//} 2�C� 7 Property ID # 44- ,4 '/0 Address Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2 - COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 August 13, 2009 P. Duane Brown, L.S. Marsh & Legge Land Surveyors, PLC 560 North Loudoun Street Winchester, Virginia 22601 RE: MDP (Master Development Plan) Waiver Request Winchester Metals, Inc. utiy;iiab t L Art: `al (-11 In4l L iiai); Stonewall iiiagi51District tci ia► u Property Identification Number (PIN): 44-A-12A Dear Duane: I am in receipt of your letter which requests a waiver to the requirement for a master development plan to enable the subdivision of parcel 44-A-12A, which consists of 15.828 acres, into two separate parcels (exhibit plat dated 7/15/09); each parcel will have frontage on Ebert Road. The owner of this parcel is listed as Winchester Metals, Inc. 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. In granting this MDP waiver, it is expected that the resulting subdivision plats properly address the F,,ert Road right-of-way dedic- t;on that is `..'arralated as -art of the curreptlN, undcrwaN, VDOT- Economic Development Access Funds Program improvements to Ebert Road. It is my understanding that Carroll Construction, through their agent Tim Painter, is coordinating the right- of-way assemblage process. Please coordinate with Mr. Painter to confirm that the necessary right- of-way has been provided along your property's frontage. 107 North Kent Street, Suite 202 a Winchester, Virginia 22601-5000 Lz! Page 2 P. Duane Brown, L.S. RE: MDP Waiver for Winchester Metals, Inc. August 13, 2009 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 e if you have any questions regarding this letter. Sincerely, Eric R. Lawrence, AICP Director, Department of Planning and Development ERL/bad cc: Lloyd Ingram, VDOT-Edinburg Residency Mark R. Cheran, Zoning & Subdivision Administrator LLD SITE es TOWN ROAD VICINITY Scale 0 OP APPROVED BY VIR INIA EPAAT NT BRANS O TATION DATE F RICK COUNTY SANITATION AUTHORITY DATE FREDERICK COUNTY SUBDIVISION ADMINISTRATOR DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING SUBDIVISION OF THE LAND OF WINCHESTER METALS, INC., AS APPEARS IN THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND TRUSTEES, IF ANY. MEAD ON BEHALF OF WINCHESTER METALS, INC. NOTARY PUBLIC - ¢ ��. "` 5s STATEOF o, 13 CITY/C—e6NTfOF yY'. �1h1 it) ''�'O�MDNWEP��e•e ��aaesaueee••° THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON C�rt�Jt �i 7� cn / BY (DATE) 221 ON BEHALF OF WINCHESTER METALS, INC. COMMISSION EXPIRES ON Q „„� • zo 13 ' (NOTARY PUBLIC) s ' (DATE) SURVEYOR'S CERTIFICATE 1 HEREBY CERTIFY THAT THE LAND CONTAINED IN THIS FINAL PLAT OF SUBDIVISION IS THE LAND CONVEYED TO WINCHESTER METALS, INC. (FORMERLY KNOWN AS CHARLES ZUCKERMAN & SONS), BY DEED DATED NOVEMBER 14, 1975, SAID DEED RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 451 AT PAGE 657. FINAL PLAT OF SUBDIVISION Z,TH OF OF THE LAND OF y j WINCHESTER METALS, INC. O G' f? 195 EBERT ROAD o� y 1 ! STONEWALL MAGISTERIAL DISTRICT ou aS Lic. No. 001197 FREDERICK COUNTY, VIRGINIA Ga/G�09 Lq'i'D SURVE��4 DATE: 10/06/09 COVER SHEET SHEET 1 OF 2 Marsh & Legge Land Surveyors, P.L.C. rt,.�hq 560 NORTH LOUDOUN STREET —WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 — FAX (540) 667-0469 EMAIL ofce@marshandlegge.com DWG NAME: ID2738-MRS NOTES: 1. NO TITLE REPORT FURNISHED; THEREFORE, ZONE ,A — — — EASEMENTS MAY EXIST THAT ARE NOT SHOWN ,-OZONE TM 44-A-12 ON THIS PLAT. ~ — - ZUCKERMAN ENTERPRISES, INC. 2. BOUNDARY INFORMATION SHOWN HEREON IS DB 310 - PG 699 BASED ON AN ACTUAL FIELD RUN SURVEY COMPLETED ZONED: M2 USE: RECYCLING OPERATION ON SEPTEMBER 23, 2008. o 3. ACCORDING TO FLOOD INSURANCE RATE MAP NUMBER 51069CO250D, EFFECTIVE SEPT. 2, 2009, THE PROPERTY LIES IN ZONE A (NO BASE FLOOD ELEVII/A TT RUN DETERMINED), SPECIAL FLOOD HAZARD AREAS SUBJECT o ° —� TO INUNDATION BY THE 1% ANNUAL CHANCE FLOOD AND IN ZONE X, AREA DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. LEGEND: CPF - CORNER POST FOUND IRF - IRON ROD FOUND IRS - IRON ROD SET IPF - IRON PIPE FOUND BRL - BLDG. RESTRICTION LINE TM 44-A-18 TRUSTEES OF WESLEYAN METHODIST FELLOWSHIP CHURCH DB 596 - PG 462 ZONED: RP USE: RELIGIOUS EX. 60' RAH; DB = 592 PG 462� — T M 44 A-1 IPE 782.17� DB 2691TgCRE r -N 543 OlVTMSPRY15 ZED. R? USEPG 4RESr / LOT 16 DB 929 - PG 626 / 5.7599 ACRI ZONED: RP USE: REST / ZONED: M TM 44-A-14 YsE: MANUFAC STASIAK INSTR.020012758 / ZONED: RP USE: RES. O / 17 TM 44A-13 N l l l DB SHOBE 502 -PG ZONED 633 USE. RESIDENTIgC sr I ti/ 7 FI BtjTCHERR A-11 /NS RNG R TABLE USE RESIp N �q i 20' WATER ESM'T HEREBY CREATED ±450' TO INTX. CPF U. S. ROUTE 11 200 0 200 1 INCH = 200 FEET S 62VO'06-E 685.05'(S5452Z- 89. EBERT ROAD - VA. SEC. ROUTE 837 50'RM<-- DB 323 PG 320 FINAL PLAT OF SUBDIVISION OF THE LAND OF WINCHESTER METALS, INC. 195 EBERT ROAD STONEWALL MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA DATE: 10/06/09 1 SCALE:1"=200' 0) 'INGRESS/EGRESS ESM'T HEREB Y CREA TED 20' WATER ESM'T HEREBY CREATED L 7=57$-UU'W-88.3' L2=S32'00'E-76.5' L3=S62'00'E-1457' L4=S32°53'E-86.7' o '�PLTH OF �s e Lic. No. 001197 SHEET 2 OF 2 LgND SURNS Marsh & Legge Land Surveyors, P.L.C. y 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 =a PHONE (540) 667-0468 - FAX (540) 667-0469 EMAIL office@marshandlegge.com DRAWN BY: HH DWG NAME: ID2738-MRS SUBDIVISION REQUEST #05-09 41GK CO°�, WINCHESTER METALS, INC. Kw ,o Staff Report for the Planning Commission w Prepared: November 18, 2009 Staff Contact: Mark R. Cheran, Zoning Administrator Reviewed Action Planning Commission 12/02/09 Pending Board of Supervisors: 12/09/10 Pending LOCATION: The property is located on the southwest side of Ebert Road (Route 837), approximately 0.1 miles northwest of the intersection of Martinsburg Pike (Route 11) and Ebert Road. MAGISTERIAL DISTRICT: Stonewall EXECUTIVE SUMMARY FOR 10/21/09 PLANNING COMMISSION MEETING: The applicant has requested a subdivision of 15.828 acres into two parcels of 5.7599 acres and 10.0677 acres for manufacturing use. Both parcels are zoned MI (Light Industrial). Staff is seeking administrative approval authority regarding this subdivision request; therefore, a recommendation from the Planning Commission to the Board of Supervisors subdivision request is desired. Subdivision Request #05-09, Winchester Metals, Inc. November 18, 2009 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 property is located on the southwest side of Ebert Road (Route 837), approximately 0.1 miles northwest of the intersection of Martinsburg Pike (Route 11) and Ebert Road. MAGISTERIAL DISTRICT: Stonewall PROPERTY ID NUMBER: 44-A-12A PROPERTY ZONING & PRESENT USE: M-1 (Industrial, Light) Land Use: Metal Recycling ADJOINING PROPERTY ZONING & USE: North: M-1 (Industrial Light) South: M-1 (Industrial Light) East: RP (Residential Performance) West: M-1 (Industrial Light) Use: Self-service storage Use: Metal Recycling Use: Residential Use: Metal Recycling SUBDIVISION SPECIFICS: Subdivision of 15.828 acres into two parcels of 5.7599 acres and 10.0677 acres for manufacturing use. REVIEW COMMENTS VDOT: This application for subdivision of this property appears to have little measurable impact on Route 837, the VDOT facility which would provide access to the property. Therefore, the plat is approved by this letter. Sanitation Authority: Show 20 foot water easement, private water line easement. Subdivision Request #05-09, Winchester Metals, Inc. November 18, 2009 Page 3 Staff Review: When Frederick County adopted zoning in 1967, this property was zoned M-1 (Industrial Light), and does not have an approved Master Development Plan (MDP). The MDP requirement was been waived for this proposed subdivision. This request is for subdivision of 15.828+/- acres into two (2) parcels of 5.7599+/- acres and 10.0677+/- acres. These parcels are located within the North East Land Use Plan and the Sewer and Water Service Area (SWSA), as indicated by the 2007 Comprehensive Policy Plan of Frederick County The Subdivision Ordinance requires that land divisions in the M-1 (Industrial Light) Zoning District without an approved Master Development Plan (MDP) be presented to the 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, Planning Commission and Board of Supervisors review and action on this Subdivision request is necessary. STAFF RECOMMENDATIONS FOR 12/02/09 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. COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC MEETING November 20, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNERS RE: SUBDIVISION REQUEST #05-09 OF WINCHESTER METALS, INC. On behalf of the Frederick County Planning Commission, you are hereby notified of a public meeting being held on Wednesday, December 2, 2009 at 7:00 p.m. in the Board Room of the Frederick County Administration Building at 107 N. Kent Street, Winchester, Virginia. On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public meeting being held on Wednesday, December 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 Subdivision Request 405-09 of Winchester Metals, Inc., submitted by Marsh & Legge Land Surveyors, P.L.C., to create a subdivision of 15.828 acres into two lots of 5.7599 acres and 10.0677 acres for manufacturing use. The property is located on the southwest side of Ebert Road (Route 837), approximately 0.1 miles northwest of the intersection of Martinsburg Pike (Route 11) and Ebert Road, in the Stonewall Magisterial District, and is identified by Property Identification Number 44-A-12A. 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, M rk 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 from the Department of Planning and Development, Frederick County, Virginia: 44 - A- - 12-A WINCHESTER METALS INC 195 EBERT RD WINCHESTER VA 22603.4703 Marsh & Legge Land Surveyors, P.L.C. 560 N. Loudoun St. Winchester, VA 22601 44 - A- - 12- ZUCKERMAN ENTERPRISES INC PO BOX 3275 WINCHESTER VA 22604.2475 44 -A- - 11- BUTCHER ARDEYTH 0 TRUSTEE 116 EBERT RD 22603 4700 WINCHESTER VA 44 - A- - 13- SHOBE JEFFERSON P. 2279 MARTINSBURG PIKE WINCHESTER VA 22603.4717 44 - A- - 14- STASIAK FRANK E 2269 MARTINSBURG PIKE WINCHESTER VA 22603.4717 STATE OF VIRGINIA COUNTY OF FREDERICK 44 - A- - 15- SPRY NANCY LEE 2259 MARTINSBURG PIKE WINCHESTER VA 22603.4717 44 - A- - 16- WHITACRE BRUCE A. & JULIA F. 2251 MARTINSBURG PIKE WINCHESTER VA 22603-4717 44 - A- - 18- WESLEYAN METHODIST CIO REV. GEORGE FRALEY 152 STONY POINTE WAY STRASBURG VA 22657.2675 44 - A- - 6-A FREDERICK COUNTY BUSINESS PARK LLC PO BOX 10519 BURKE VA 22009.0519 44 - A- - 5-A SHIRLEY ALLEN L. & DOROTHY H. 114 EBERT RD WINCHESTER VA 22603.4700 Irk R. Cheran, Zoning & Subdivision Administrator ;derick County Planning Department 1 . , a Notary Public in and for the State and County aforesaid, do ereby certi�thatrkheran, Zoning & Subdivision Administrator for the Depart ent of Planning and Development, whose name is signed to the foregoing, dated j / �p lO `1 _ , has personally appeared before me and acknowledged the same in my State/and County aforesaid Given under my hand this - day of My commission expires on Q26A, BEVERLY H. DELLINGER NOTARY ID # 331878 NOTARY PUBLIC NOTARY UBLIC COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES JULY 31, 2017 Easy Peel® Labels A i Bend along line to oAVERY®5161® Use Avery® Template 516115 red Paper �� expose Po 1 Edge TM � 44 - A- - 12-A WINCHESTER METALS INC 195 EBERT RD WINCHESTER VA 22603.4703 44 - A- - 12- ZUCKERMAN ENTERPRISES INC PO BOX 3275 WINCHESTER VA 22604.2475 44 -A- - 11- BUTCHER ARDEYTH 0 TRUSTEE 116 EBERT RD WINCHESTER VA 22603.4700 44 - A- - 13- SHOBE JEFFERSON P. 2279 MARTINSBURG PIKE WINCHESTER VA 22603.4717 44 - A- - 14- STASIAK FRANK E 2269 MARTINSBURG PIKE WINCHESTER VA 22603.4717 44 - A- - 12-A WINCHESTER METALS INC 195 EBERT RD WINCHESTER VA 22603.4703 44 - A- - 12- ZUCKERMAN ENTERPRISES INC PO BOX 3275 WINCHESTER VA 22604.2475 44 -A- - 11- BUTCHER ARDEYTH 0 TRUSTEE 116 EBERT RD WINCHESTER VA 22603.4700 44 - A- - 13- SHOBE JEFFERSON P. 2279 MARTINSBURG PIKE WINCHESTER VA 22603.4717 44 - A- - 14- STASIAK FRANK E 2269 MARTINSBURG PIKE WINCHESTER VA 22603.4717 ttiquettes faciles a peter A Utilisez le gabarit AVERY® 51610 Sens de chargement Repliez A la hachure afin de www.avery.com r6v6ler le rebord Pop-upTM 1-800-GO-AVERY Easy Peel® Labels ♦ 1 Bend along line to QAVERY05161® Use Avery® Template 51610 -led Paper �� expose Po, Edge TM 1 44 - A- - 15- SPRY NANCY LEE 2259 MARTINSBURG PIKE WINCHESTER VA 22603.4717 44 - A- - 16- WHITACRE BRUCE A. & JULIA F. 2251 MARTINSBURG PIKE WINCHESTER VA 22603.4717 44 - A- - 18- WESLEYAN METHODIST CIO REV. GEORGE FRALEY 152 STONY POINTE WAY STRASBURG VA 22657.2675 44 - A- - 6-A FREDERICK COUNTY BUSINESS PARK LLC PO BOX 10519 BURKE VA 22009.0519 44 - A- - 5-A SHIRLEY ALLEN L. & DOROTHY H. 114 EBERT RD WINCHESTER VA 22603.4700 44 - A- - 15- SPRY NANCY LEE 2259 MARTINSBURG PIKE WINCHESTER VA 22603-4717 44 - A- - 16- WHITACRE BRUCE A. & JULIA F. 2251 MARTINSBURG PIKE WINCHESTER VA 22603.4717 44 - A- - 18- WESLEYAN METHODIST CIO REV. GEORGE FRALEY 152 STONY POINTE WAY STRASBURG VA 22657.2675 44 - A- - 6-A FREDERICK COUNTY BUSINESS PARK LLC PO BOX 10519 BURKE VA 22009.0519 44 - A- - 5-A SHIRLEY ALLEN L. & DOROTHY H. 114 EBERT RD WINCHESTER VA 22603-4700 Etiquettes faciles a peter ♦ ; Repliez A la hachure afin de www.avery.com Utilisez le gabarit AVERY® 51610 Sens de chargement i rAvaler le rebord Pop-upTM 1-800-GO-AVERY Easy Peel Labels Use Avery® TEMPLATE 5161® A I M See Instruction Sheet seed Paper � i for Easy r' �l Feature i AVERY®51610 ab 69A - 1.30. 29 OLD VIRGINIA LA 101 L CHESTER, VA 22601.3827 69�-1-30- 29- OLD, LLC WINCHESTER,VA 226013827 Winchester Metals, Inc. 195 Ebert Rd. Winchester, VA 22603 ttiquettes faciles a peler A Consultez la feuille Utilisez le gabarit AVERY® 51610 Sens de chargement d'instruction www.avery.com 1-800-GO-AVERY i5ite . W IlUe. r I AJ - / — TO: BARBARA-DATA PROCESSING 9. List of Adjoining Properties: The following names and address, FROM: BEV - PI nning Dept. corporations owning property adjacent to the property for which the Please print sets of labels by including properties at the sides, rear, and in front of (across street THANKS! additional pages if necessary.) These people will be notified by mail of this appucauuii. NAME Z�U�I'�rlt/�� �tiir�RPl'rs�s,7�'�c. Address Z?� ,C3e2rA0- , W A H6:5 �/�., L114 zz6,0 3 Property ID # ¢ A _ /Z ,6i1iCHF0p, Address �`/ E/3E2� �1� , kh,e)c-#c:sir2, E%!� zz rty ID # Pro e 4- !� - i t ✓ P Jha Address 2279 121401.UBIR—C- Pia-) Property ID # 4, -,4 - /J ✓ /=/ it;{� �, �t/ad//iK � /L/ AJ 0 rJ /--' `s Address �G i MA1,TP S6045- PIA- , MI16i1 �T7-F"L,Vf�-ZZEe. Property ID # A/ A/ 510k Y Address PropertyID # 4-f-� 6kccl,-� C�Ji/�/7�1C�r - V �d Address //-Ijl�2Tlus6��kC PikC lt)pvc/f sTG, Ii�� z n3 Property ID #44 7-WLI5i'67Z�7 5 c3G 1J/gL5Z,,Y4,U j�Ztot\15HI" �&f o'C'14 Z23 /� �j ,LDS GJa L PiK� Address 152- <57yty* 1061Vi� W/N, <57724313L'21-; vA zz&7 Property ID # // �rr (� / z ` - A '/ZJ i✓ r- Address y Property ID # Address Property ID # Address Property ID # Address Property ID # - Page 2 - Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 13, 2009 P. Duane Brown, L.S. Marsh & Legge Land Surveyors, PLC 560 North Loudoun Street Winchester.; Virginia 22601 RE: MDP (Master Development Plan) Waiver Request Winchester Metals, Inc. Zoning District: M1 (Light Industrial); Stonewall Magisterial District Property Identification Number (PIN): 44-A-12A Dear Duane: I am in receipt of your letter which requests a waiver to the requirement for a master development plan to. enable the subdivision of parcel 44-A-12A, which consists of 15.828 acres, into two separate parcels (exhibit plat dated 7/15/09); each parcel will have frontage on Ebert Road. The owner of this parcel is listed as Winchester Metals, Inc. 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. In granting this MDP waiver, it is expected that the resulting subdivision plats properly address the Ebert Road right-of-way dedication that is warranted as part of the currently underway VDOT- Economic Development Access Funds Program improvements to Ebert Road. It is my understanding that Carroll Construction, through their agent Tim Painter, is coordinating the right- of-way assemblage process. Please coordinate with Mr. Painter to confirm that the necessary right- of-way has been provided along your property's frontage. 107 North Kent Street, Suite 202 ® Winchester, Virginia 22601-5000 Page 2 P. Duane Brown, L.S. RE: MDP Waiver for Winchester Metals, Inc. August 13, 2009 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 e if you have any questions regarding this letter. Sincerely, co/ntact R. Lawrence, AICP Director, Department of Planning and Development ERL/bad cc: Lloyd Ingram, VDOT-Edinburg Residency Mark R. Cheran, Zoning & Subdivision Administrator 0 MARSH & LEGGE LAND SURVEYORS, P.L.C. 560 North Loudoun Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@marshandlegge.coin July 21, 2009 Mr. Eric Lawrence, Director of Planning and Development County of Frederick, Virginia 107 North Kent Street Winchester, VA 22601 Re: Request for Waiver of Master Development Plan Requirement Tax Map Parcel 44-((A))-12A Stonewall Magisterial District, Frederick County, VA Dear Mr. Lawrence, J U L 2 1 2009 The purpose of this ierter is to request approval for a waiver of the Master Development Plan requirement for the above referenced site owned by Winchester Metals, Inc. as authorized in Section 165-134 of the Frederick County Zoning Ordinance. This parcel of land is zoned MI (Light Industrial District) and contains 15.828 Acres. The owner of this land desires to subdivide this parcel into two parcels. The basis for the request of the waiver of the Master Development Plan requirement is as follows. • The parcels will not include any new streets, roads or rights -of -way, will not further extend any existing or dedicated street, road or rights -of -way and will not significantly change the layout of any existing or dedicated street, road or rights -of -way • The parcels will not propose any stormwater management system designed to serve more than one lot and will not necessitate significant changes to existing stormwater management systems designed to serve more than one lot • The parcels will not be an integral portion of a property proposed or planned for future development or subdivision • The parcels are planned to be developed in a manner that is harmonious with surrounding properties and land uses. • The proposed subdivision does not substantially affect the purpose and intent of Section 165-134 of the Frederick County Zoning Ordinance. Enclosed is an advance copy of the proposed subdivision to be used in your consideration of this matter. If you need additional information or have any questions pertaining to this request, please contact our office at your convenience. Sincerely, P. Duane Brown, L.S. Enclosure II� jilRt N 56'4428" W 360.21' o CR I I Ur; U�I ILO 3 TM 44-A-12A w 0 10.0677 ACRES o M ZONED.- M 1 �r NI I z EX. 60' R/W --- 182.17' 362.39' j N 541357" W I I Ri a - 0 5.7599 ACRES 3 0 CD _ o A � Q, co o � = o I v i 31 EX. METAL i O I rn BLDG. ti pp� 4 Ln N � � I 9� a a _ 310.77' _ -3_27_ -- --- $ 62'00'06 A 68�'ORDUTE 837 EBERT ROAD - 200 0 200 SCALE: 1 " = 200' PLA T OF A POR77ON OF THE LAND OF WINCHESTER METALS, INC. INSTRUMENT 1050028256 STONEWALL MAGIS7FR/AL DISTRICT FREDERICK COUNTY 14RG/NIA DATE.• 7115109 I SCALE- 1"=200' I SHEET 1 OF 1 Marsh & Legge Land Surveyors, P.L.C. 560 NORTH LOUDOUN STREET - WINCHESTER, VIRGINIA 22601 DRAWN BY: HH PHONE (540) 667-0468 - FAX (540) 667-0469• - EMAIL office®marshandlegge.com DWG NAME: ID2738 Reauest for Site Plan Comments ; Virginia Department of Transportation Sip jg "''�AACy Mail to:Hand deliver to: Virginia Department of TransportationVirginia Department of Tr a sl3btpn—"--.. Attn: Resident Engineer2275 Northwestern Pike 14031 Old Valley PikeWinchester, Virginia 22603 Edinburg, Virginia 22824(540) 535-1818 (540) 984-5600 Please fill out the information as accurately as possible in order to assist the Virginia Department of Transportation with their review. Please attach five (5) copies of the site plan with traffic generation data and drainage calculations with this sheet Applicant's Name: A i?Sf! 4r4GE '�-4ujj Address: A.I. /L'uooU&I :-5 Ir i/,Vc ft14 ZOO / Phone Number. S*0 - 667 - 04-'66 Name of development and/or description of the Location of property: T4jr,qQgBBftent of Transportation's Comments: n tOr suhrtiv;,i, �.�. 13 .ru Request For Site Plan Comments Frederick County Sanitation Authoritv Mail to: Hand deliver to: Frederick County Sanitation Authority 315 Tasker Road Attn: Engineer Director Stephens City, VA P.O. Box 1877 (540) 868-1061 Winchester, VA 22604 (540) 868-1061 SEP 2 1 2009 D Please fill out the information as accurately as possible in order to assist the agency with their review. Please attach two (2) copies of the site plan with this sheet. ®0ly)1�7 Applicant's Name: Address: IUTI ST,M nlMM Name of development and/or description of the request: r-i vAt- Parr o,---- 5-06/)i�r s�L� A) IVIACHE= fr-r-.1-2 Location of property: 7'l'/r e L-��-4f - dF I?R�,) AE777Vc /n/77=2-5Ec7 0J v� tf-s:kol-r// </iNklft71-> Frederick County Sanitation Authority's Comments 49"1 W/*,&;- 2/ 5,�� Sanitation Authority use only Date received Date revision received Date approved Incomplete Incomplete Date reviewed Date reviewed Signature and Date Signature and Date (revision) 14 Ak MARSH & LEGGE LAND SURVEYORS, P L. C. 560 North Loudoun Street, Winchester, VA 22601 ■ 540-667-0468 ■ Fax: 540-667-0469 ■ E-mail: office@marshandlegge.com TRANSMITTAL COVER SHEET Date: October 20, 2009 Re: Winchester Metals TO: Mark Cheran Frederick County Planning 107 N. Kent Street Winchester, Virginia 22601 FROM: Douglas C. Legge WE ARE ENCLOSING THE FOLLOWING ITEMS: COPIES DATE DESCRIPTION 3 10-06-09 Final Plat of Subdivision of the Land of Winchester Metals, Inc., 195 Ebert Road, Frederick County, Virginia (ID2738). 1 09-21-09 Site Plan Comments from Frederick County Sanitation Authority. 1 09-24-09 Site Plan Comments from Virginia Department of Transportation. 1 10-07-09 Waiver/Exceptions Request Application (MDP Waiver Request). 1 10-07-09 Apppplication Fee Check #65898 from Winchester Metals, Inc., in the amount of $500.00 (Five Hundred Dollars). THESE ITEMS ARE TRANSMITTED FOR APPROVAL. REMARKS: N/A j OCT 2 0 2009 DEFT. OF GEOGRAPHIC INFORMATION SYSTEMS FREDERICK COUNTY, VIRGINIA GIS, MAPPING, GRAPHICS WORK REQUIEST DATE RECEIVED: aO REQUESTED COMPLETION DATE: REQUESTING AGENT: Department, Agency, or Company: Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROJECT: DESCRIPTION OF REQUEST: DIGITAL: SIZES: COLOR: FAX: rite additional information on back of request) '5UzA 10 is f 0 /j yt/f1 i V ,� os-o9 PAPER: FAX: E-MAIL: BLACK[WHITE: NUMBER OF COPIES: STAFF MEMBER: COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: HOURS REQUIRED: AMOUNT PAID: CHECK NO.# Frederick county GIS, 107 North Kent Street, Winchester, VA 22601, SUBD. WAIVER #05-09 WINCHESTER METALS Stonewall 2 LOTS 15.828 ACRES LAI 0 " T/// fl SMEAt T S UPC T2W made In USA