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) $
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ORDER
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BY
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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.
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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
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APPROVED BY
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VIRG O T O TATION
DATE
IAASEPZAEN
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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.������
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NOTARY PUBLIC
OF
STATE OF
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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
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HEREBY CREATED
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til
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rl
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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
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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
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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.
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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
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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
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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
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1-800-GO-AVERY
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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
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Address �`/ E/3E2� �1� , kh,e)c-#c:sir2, E%!� zz
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Property ID # 4, -,4 - /J ✓
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Address �G i MA1,TP S6045- PIA- , MI16i1 �T7-F"L,Vf�-ZZEe.
Property ID #
A/ A/ 510k Y
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PropertyID # 4-f-�
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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
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Address 152- <57yty* 1061Vi� W/N, <57724313L'21-; vA zz&7
Property ID # // �rr (� /
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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
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--- 182.17' 362.39'
j N 541357" W
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_ 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
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