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Home My WebLink About05-04 Comments (2)TO: Finance Department FROM: Pam Deeter, Office Assistant 11 SUBJECT: Return Of Sign Deposit DATE: September 14, 2004 Please send a check in the amount of 550.00 to: R SA!psd FILE COPY MEMORANDUM i COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 The amount of $50.00 was deposited in line item #3 -010- 019110 -0008 for the person named below as a deposit for one sign for a Rezoning application #05 -04 for Burlington LLC. 1-le has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular hill cycle. Burlington L.LC 103 Winslow Ct Winchester, VA 22602 107 North Kent Street Winchester, Virginia 22601 -5000 gilbert w. clifford 8i.Ssociates a division of Patton Harris Rust Associates,pc Engineers. Surveyors. Planners. Landscape Architects, P 117 East Plccadlly Street, Suite 200 Winchester, Virginia 22601 T 540.667.2139 F 540.665.0493 To: Jeremy Camp From: Thomas Price Date: April 8, 2004 Project Name /Subject: Burlington LLC Rezoning PHR +A Project file Number: cc: Memorandum Jeremy Attached is the revised application for Burlington LLC. Please review and let me know if this is acceptable before I have the Owner officially sign the proffer and submit to you with the appropriate number of copies and fee for the official submission. In response to your comments dated March 2, 2004, please see below: 1) Buffers and Screens are identified by numbers and addressed in the Proffer Statement. See Sheet 1 thru 3 of the Proffer Statement. 2) Type of Screen is identified under Item 1 (Sheet 1 of 3) of the Proffer Statement. 3) See Item Number 3 of the Proffer Statement. 4) See Item Number 2 of the Proffer Statement 5) A Shared Entrance with Motel 8 is not possible. Meetings with Staff and VDOT have determined that a Right In /Right Out Access at the existing Route 50 Entrance is acceptable. City of Winchester also asked that we consider this option. Owner has agreed. See Proffer Item Number 4. New plan sent to VDOT and they have approved. See attached comment sheet from VDOT. 6) See Item Number 5 of the Proffer Statement 7) See Item Number 6 of the Proffer Statement 8) This will be addressed at Site Plan Stage. 9) Power of Attorney Form Attached 10) Deed and Plat Attached 11) Tax Ticket Attached 12) Chris Mohn and Eric Lawrence have determined that an Impact Model is not necessary. 13) Check (Fee) is attached. 14) Agency Comment attached. Please give me a call after reviewing this package. Thanks Tom Price The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Gilbert W. Clifford Associates, Inc. Telephone: 667 -2139 Address: 117 E. Piccadilly Street, Suite 200 2. Property Owner (if different than above) Name: Burlington, LLC REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA Winchester, Virginia 22601 Address: 150 Wingate Drive, Winchester, VA 22601 3. Contact person if other than above Name: Chuck Maddox Location Map Plat Deed of property Verification of taxes paid Telephone: 540- 648 -4283 Agency Comments Fees Impact Analysis Statement Proffer Statement Telephone: 667 -2139 4. Checklist: Check the following items that have been included with this application. 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Bipen Patel 6. A) Current Use of the Property: B) Proposed Use of the Property: 7. Adjoining Property: See Attached PARCEL ID NUMBER behind the former Hardee's Restaurant. Vacant Hotel Parking Lot USE ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers). East of Winchester and north of US Route 50, on the east side of Tulane Drive, 2 c Acres Current Zoning Zoning Requested 0.78 RP B2 0.78 Total acre ge to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning'staff will use the maximum possible density of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number 64A -2 -12 13 Districts Magisterial: Shawnee High School: James Wood Fire Service: Millwood Station Middle School: James Wood Rescue Service: Millwood Station Elementary School: Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. 11. The following information should be provided according to the type of rezoning proposed: Single Family Home -1 Non Residential Lots Square Footage of Proposed Uses Office Service Station Retail Manufacturing Restaurant Warehouse Other Number of Units Proposed Townhome Multi Family Mobile Home Hotel Rooms Parldng lot for 100 room motel 3 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I.(we) understand that the sign issued when this application is submitted must be placed at the front property line at least seven days prior to the Planning Commission public hearing and the Board of Supervisors' public hearing and maintained so as to be visible from the road right -of -way until the hearing. I (we) hereby certify that this application and its accompanying materials are true and accurate to the best of my (our) knowledge. Applicant(s) Owner(s) ate Date Date Date 4 asfl aumoZ le l eiluapisag Commercial eia.iawmo3 leia.iawruoO lequaprsag p lalawwoO Ieialawwo3 i e plawwoO I I i 04 -A -110 I Shenandoah University I 1460 University Drive, Winchester VA 22601 HE Educational ZH ZS Z H I del ZH 1 ZEE ZH ssaappd 106 Princeton Drive, Winchester, VA 22602 104 Princeton Drive, Winchester, VA 22602 1370 Neff Ave., Suite U, Harrisonburg, VA 22801 937 Front Royal Pike, Winchester, VA 22602 P.O. Box 2126, Winchester, VA 22604 103 Princeton Drive, Winchester, VA 22602 P.O. Box 334,•New York, NY 10021 P.O. Box 334, New York, NY 10021 108ZZ VA `amquosuJEll `fl alms aAV 3.1ai1 OL£i MEN Raymond M Kackley Harley N Oates Sr. Apple Blossom Properties Sahi Ayann, Inc. WMW investments Ruth T. Sherwood I Delco Development Co. Delco Development Co. Apple Blossom Properties Q 0I Z Vb9 1 T Z V179 V fl 117 S VV I ZOT Vb9 i LOT -V -69 PrelinrinaryMatters Pursuant to Section 15.2 -2296 et. e of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional rezoning, the undersigned applicant herby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application for the rezoning of 0.78 acres from the Residential Performance (RP) to Business General (B -2). Development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Monetary Contribution REZONING REQUEST PROFFER Property Identification Number 64A -2-12 64A-2-L3 Shawnee Magisterial District BURLINGTON, LLC ROUTE 50 EAST The undersigned, who owns the above described property, hereby voluntarily proffers that if the IV Board of Supervisors for the County of Frederick, Virginia approves the rezoning for the 0.78 acres, 1/4 with frontage along Tulane Drive in the Shawnee Magisterial District of Frederick County, Virginia from RP to B -2. This monetary proffer provides for $2,000.00 for Frederick County Fire and Rescue and $1,000.00 for Sheriffs Office. Payment shall be made at the time of issuance of building permit. On Site Development The Applicant shall perform and provide the following in accord with the attached Generalized Development Plan (GDP): Item 1 A full landscape screen along the north and east sides of the subject property as shown as item 1 on the GDP. This shall include an opaque fence 6' high and plantings consisting of 3 trees each 10' of screen, one of which shall be deciduous, with caliper at planting of 2 Item 2 The site being rezoned shall be used only for parking required for the B -2 use on the adjoining parcel to the south. Item 3 Road access to the combined B -2 use shall be only by approved VDOT entrances on the south parcels and no entrance shall be requested on streets fronting on the parcel requested for rezoning. Page 1 of 3 Item 4 The existing Millwood Pike (Route 50) entrance (1) shall be restricted by approved site plan to right in /out to allow westbound entrance from and exit to Route 50. Item 5 The 3 combined parcels for B -2 use shall have one only VDOT approved entrance on Tulane Drive to the west. 1. Respectfully submitted, PROPERTY OWNER By: Date: 36" high at planning, on 10' center to center spacing along the frontage with Tulane I e of the rezoned parcel. Item 6 An evergreen screen consisting of approved The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was acknowledged before me this day of 2004, by My commission expires Notary Public Page 2 of 3 BURLINGTON L.L.C. GENERALIZED DEVELOPMENT PLAN FREDERICK COUNTY, YIRGINL4 gilbert w. clifford associates a Qmson of Patton, Harris, Rust Associates, pc 117 E R oe, A IRndxsta, Virginia 22601 WYE: (540) 667-2139 FM: (540) 665 -0493 Sheet 3 of 3 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 -North Kent Street, Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540 -665 -6395 Know All Men By These Presents: Thaf 1(We)` (Name) WMV Investments Burlington, LLC (Phone)540- 678 -4283 (Address) 150 Wingate Drive, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land (`Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by .02 -2194 Instrument No. 716 on Page 86 and is described as 64A 2 12 13 College Park Parcel: 64A Lot: Block: 4 Section: j Subdivision: N A do hereby make, constitute and appoint: Ronald Mislowsky (Name) Charles E. Maddox, VP, PHR &A (Phone) 540 66 (Address)1.17 E. i ad a' v tr t, W he er VA 601 To act as my true and lawful attomey -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning applications for my (otir) above described Property, including: X Rezoning (Including proffers): Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision %X Site Plan My attomey -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. -In witness thereof, y �,(e) have hereto t my (our) hand and seal this 1 9 day of De cember 200 3 Signatu e(s) �j i e ne7 6 l State of Virginia, City /County of Winchester To -wit. I,0()Chri7f, V a(f15 a- Notary Public in and for the jurisdiction aforesaid certify that the person(s), who signed to the foregoing instrument and who is (are) known to me, pers ally appeared before me and has acknowiedged the same before me in the jurisdiction aforesaid this J ay of, 1200 Notary Public My, Cornrnissi on Expires: March 2, 2004 Mr. Tom Price Gilbert W. Clifford Associates, Inc. 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Preliminary Review Comments for Burlington Rezoning Property Identification Numbers (PIN) 64A -2 -12 and 64A -2 -13 107 North Kent Street Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /665 -6395 Dear Tom: Thank you for providing me with the opportunity to review the preliminary rezoning application for the proposed development referred to as the Burlington Rezoning. This rezoning application proposes to rezone .78 acres from the RP (Residential Performance) District to the B2 (Business General) District with the intent of using the property as a parking lot for a future hotel /motel. Staff's review comments are listed below for your consideration. 1) General Development Plan. Please show and/or label all zoning buffers and screens and proffered landscaping improvements on the General Development Plan. Please remove what appears to be existing trees from the GDP. These trees can be kept; however, showing them on the GDP is more confusing than helpful. Please also consider proffering general conformance with the GDP. 2) Screening Detail. An upgraded fence and screen would benefit adjoining residential properties. Please consider including a screening detail with the proposed GDP. 3) Access Management. Allowing access to the property exclusively through the southern parcel (hotel site) and removing all existing entrances would help mitigate potential traffic impacts. Staff would suggest that this type of proffer be considered. 4) Allowable Uses. Staff suggests that the owner consider proffering to only use the property as a parking lot. This would ensure that the property would not be used for something else in the future without further review by the County. Page 2 Preliminary Review Comments Burlington REZ Mr. Tom Price March 2, 2004 Millwood Pike Entrance. Staff opposes not removing the existing entrance off of Millwood Pike, because this entrance does not meet the minimum spacing distance from the Tulane Drive Intersection. Please consider removing this entrance from the rezoning's GDP. A sh entrance with the Motel 8 site would be desirable over such an entrance. A waiver from the Planning Commission would be necessary to allow this entrance to remain where it is. Tulane Drive Entrance. Consider proffering language which limits the hotel site to only one entrance off of Tulane Drive, and that this entrance will be at the location shown on the General Development Plan. 7) Landscaping. Please note that you do not show an evergreen hedge row screen around the entire perimeter of the parking areas facing adjoining roads. Such an evergreen hedge row would be required by the Zoning Ordinance to screen the parking areas (headlights) from Tulane Drive and Millwood Pike. Updating any proposed landscaping illustrations would be appropriate. 8) Parking Layout. Please be advised that the landscaped islands shown in the center of the proposed parking lot of the subject properties appear unusual and will be questioned if a site plan shows this same layout. Staff would suggest eliminating the four parking spaces within this center landscaped area and replacing them with landscaped area. 9) Special Limited Power of Attorney. Please have the property owner complete the attached special limited power of attorney form which authorizes you to represent them during the application process. 10) Deed and Plat. Please provide a copy of the most recently recorded deed and plat or survey of the .78 acre parcel. A copy of the deed and plat of the old Hardee's lot would also be h since you are including this lot in the GDP. 11) Verification that Taxes have been Paid. Please provide a receipt from the Treasurer's office which verifies that real estate taxes to the property have been paid. 12) Impact Statement. Please provide an impact analysis statement for this rezoning as specified in the rezoning application. 13) Fees. The fee for this application includes a $1,000.00 base fee plus $50.00 per acre, and a $50.00 public hearing sign fee. Thus, a total of $1,089.00 is due upon submission of the official rezoning application. r Page 3 Mr. Tom Price Preliminary Comments Burlington REZ March 2, 2004 14) Agency Comments. Please provide appropriate agency comments for the following agencies: Frederick County Fire Marshal, Frederick County Public Works, Frederick County HRAB, Frederick County Parks Recreation, City of Winchester, Frederick County Sanitation Authority, Frederick County Service Authority, Virginia Department of Transportation, and the Frederick County Attorney's Office. All of the above comments must be appropriately addressed before staff can accept this rezoning application. Please do not hesitate to contact me with questions regarding this application. Sincerely, e Jeremy F. Camp, Planner II JFC/bhd Attachment: Power -of- Attomey Statement Deppftment of Public Work's Comments: 0 i fa VI" vvxv &kis( \nAt- vt @L-060a VVs S....\ S1 i.^ (WIVles, AA1 -\-o cic142, t i .1 A. e. o or t c A. s t 1 I An. W I 1 Public Works Signature Date: 1 1 1 .A i 1i Notice to Dept. of Public Works (I lease Return This orm to the Applicant Rezoning Comments Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Applicant's Name: Mailing Address: behind the former Hardee's Restaurant. Current Zoning: RP Gilbert W. Clifford Assoc. Inc. c/o C. E. Maddox, Jr. P.E., VP 117 E. Piccadilly Street Suite 200 Winchester VA 22601 Frederick County Department of Public Works Burlington, LLC Hand deliver to: Frederick Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4 Floor 107 North Kent Street Winchester, VA 22601 Apglican lease fill of Departure tpo ublic th =their rev,, e w map,, i roffer statement-, i s act analysrs,:and ras _accuratelyas e m order to assts e Attach a copy o your applieat on orm, l co ation any other pe rtinent informa ion:' Phone: (540)667 -2139 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, CBtArl n� Zoning Requested: B -2 Acreage: 0.78 Acres 10 Department of Inspections Comments: 1 Co inin -en et.r o 11 P I ha CK o f 5 '1o Public Works Signature Date:,.I� 0 Notice to Dept. of Publi irks Please Return This m to the Applicant Rezoning Comments Current Zoning: RP Mail to: Frederick Co. Dept. of Inspections Attn: Director of Irispections 107 North Kent Street Winchester, VA 22601 (540) 665-5650 Frederick County Department of Inspections �d-c -k t Wo l w �th�tl l ier o Z rc� A t h y co o ou 1 a n form loc 't∎ ,�,d '8 ��'iJam ke's- py y p 4^'t map :proffer statement impactsanalysts aan iany S y^�"�V —ar V' y 1 F�e iii '4'j :frra a .art'-` ,ry ..z_ Applicant's Name: Gilbert W. Clifford Assoc., Inc. Phone: (540)667 -2139 Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Zoning Requested: B -2 Acreage: 0.78 Acres Hand deliver to: Frederick Co. Dept. of Inspections Attn: Director of Inspections Co. Administration Bldg., 4` Floor 107 North Kent Street Winchester, VA 22601 Burlington LL€- Virginia Department of Transportation Comments: k e documentation within the application to rezone this property appears to have little measurable impact on Routes50 797. These utes are the VDUI roadways which has been considered as the access to the property referenced. VDU is satisfied that the -sportation proffers offered in the Burlington, LLC rezoning application dated March 17, 2004 addresses transportation concerns ,oudIeu wnn l Ie yuesL. v data from the J.T.E. Trip Generation Manual, Seventh Edition for review. VDOT reserves the right to comment on all right -of -way Sc, including dedication,, traffic improvements drainage. Any right of way signalization, and off site roadway and work performed on State's right -of -way must be covered under a I n se pe is permit is issued by this office and requires an inspection fee and ety bond coverage. VDOT Signature Date: -313 w Notice to Advisory Board Please Return This Form to the Applicant RI to a flc nc th 51 Rezoning Comments Mail to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Edinburg, VA 22824 behind the former Hardee's Restaurant. Current Zoning: RP Virginia Department of Transportation Burlington, LLC Hand deliver to: Virginia Dept. of Transportation Attn: Resident Engineer 14031 Old Valley Pike Winchester, VA 22601 in onT sf citrate i `e tf ri Yti li 1+A cFr v, a App�lican nt t Please fill ut the fo rlatio cccura y as`poss 1 rderr -to stthe r Department of. Transportation with=thelr review Attach three c u opies ofnyor application form] cati loon prof v k4'.aw"""',;SS statement, impact analysis, °and any others c z°:�: ipe S Applicant's Name: Gilbert W. Clifford Assoc. Mailing Address: c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, Phone: (540)667 -2139 Zoning Requested: B -2 Acreage: 0.78 Acres 10 Frederick Winchester Health Department's Comments: tkc.irh D= 44 nm a a i le til!..1 f VVV? SC'Waf 4t (..4'i if 44 S ignature Date: ..;7/23 oy Notice fo Health Department Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Applicant's Name: Mailing Address: behind the former Hardee's Restaurant. Current Zoning: RP Gilbert W. Clifford Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street Suite 200 Winchester, VA 22601 Zoning Requested: B -2 Burlington, LLC (4--. Frederick Winchester Health Department and deliver to: Frederick Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722 -3480 a,pphc` IIIM- ea e it d utttheG t for ma loin ac fdra tely asI'poss b e n ord atoeassis`theaF ede iek r estrQea1t Deeparrtme t thei At a a a pli atronn form _y Proffer statement,�rmpact> ana sis,. andeanyiother .�pert'tmentmformatlon: Phone: (540)667 -2139 C Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, Acreage: 0.78 Acres otp9 o4 DOi 2' I,k1.1Q4A -4 i.? E13 15 Fire and Rescue Company's Comments +c //Cc 2 ea,✓C S ,t/:sc%J 7a /-rcc..:,,,,, AC/L,.a._ Z ..-+.0,-.2.-x-7_ Tiz. ✓c,E' c Fire Rescue Company's Signature Date: :/2---- •;7/84,9 Notice to Fire Rescue Company Please Return This Form to the Applicant Rezoning Comments Name of Fire Rescue Co. Millwood Station Fire and Rescue Company Address Phone P.O. Box 3037 Winchester, VA 22604 667 -1535 r App ant x, Please out the in onnatto as e r tely as ssible in`;,orderv a s st he Firea d4 R escue4Squadpwrthittherr review-z t ach a'py of(-.yo ur applination form,% Iocation map;cpi offer; i x.R,i T" .rk Att- "i"� r, Ta ..aT3'i f,a21 J s 'M' statement impacttanalysis nd;anv otheropertment =information behind the former Hardee's Restaurant. Current Zoning: RP Applicant's Name: Gilbert W. Clifford Assoc., Inc. Mailing Address: c/o C. E. Maddox, Jr.. P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 g Burlington, LLC Phone: (540)667 -2139 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, Zoning Requested: B -2 Acreage: 0.78 Acres 21 Superintendent of Public Schools' Comments: i -ice. O Superintendent Signature Date Notice to School Superintendent Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick Co. Public Schools Attn: Superintendent P.O. Box 3508 Winchester, VA 22604 (540) 662 -3888 Superintendent of Frederick Co. Public Schools Hand deliver to: Frederick Co. Public Schools Attn: Superintendent School Administration Bldg. 1415 Amherst St. Winchester, VA 22601 ti per,. p r rt rde 1 A phcant Please fil out the �fo anon a accurately as pos s ib le r in t o r ass s the Superintendent of Public Schobi s'.with h�s,ievre sAttach� a copy of�your app tionCtorm 't' `�'�ux t...,y .:I_. pia- L' F'is. ..:'L'f_ '4* i i r`t andtany e t smw �3 i location ap, =proffer statement mpaat�anahsus;•an anyeother pertment,infor h Applicant's Name: Gilbert W. Clifford Assoc., Inc. Mailing Address: c/o C. E. Maddox Jr. P.E., VP 117 E. Piccadilly Street. Suite 200 Winchester, VA 22601 Phone: (540)667 -2139 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Zoning Requested: B -2 Burlington, LLC Acreage: 0.78 Acres 13 February 17, 2004 Mr. Tom Price Gilbert W. Clifford Associates, Inc. 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 RE: Request for Historic Resources Advisory Board (BRAID Comments Burlington LLC Rezoning Dear Mr. Price: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic properties and it is not necessary to schedule a formal review of the rezoning application by the DRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the properties nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify any core battlefields that this proposed rezoning would directly impact. These properties are within the study area of the First and Second Battles of Winchester; however, they are currently part of College Park subdivision and already contain a house and, therefore, have lost their integrity. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, v Candice E. Mills Planner I CEM/bad w e 107 North Kent Street Winchester, Virginia 22601 -5000 COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 W SERVING THE TOP OF VIRGINIA 9 �HOR 1 �i February 11, 2004 Thomas Price Gilbert W. Clifford Associates 117 East Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning, Comment Burlington LLC Shawnee Magisterial District Dear Mr. Price: The proposed rezoning request for the Shepard properties is in conformance with the Frederick County Comprehensive Policy Plan and the proposed zoning is compatible with airport operations. It appears that this rezoning will not have an impact on operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, S. R. Manuel Executive Director WINCHESTER REGIONAL AIRPORT 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662 -2422 Winchester Regional Airport's Comments 1 7 111Ot- Winchester Regional Airport Signature Date: l'M'\'2n'u,,,A) Notice to Winchester Regional Airport Please Return This Form to the Applicant Rezoning Comments Applicant's Name: Mailing Address: Current Zoning: RP 111 Mail to: Winchester Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA 22602 (540) 662 -2422 behind the former Hardee's Restaurant. Winchester Regional Airport Hand deliver to: Winchester, Regional Airport Attn: Executive Director 491 Airport Road Winchester, VA Gilbert W. Clifford Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, Burlington, LLC A pph l ease ��ll outn h eVr a on i 4 urate as poss aC to assist t W inc h ester L e ggional Airpo l ther vie"wx-,eAtt c a op o f r ppll ca loc >map, r� rofferostatement, impact analysts; andtan,yiother perhnentrinformationn ;a i a >e Phone: (540)667 -2139 Zoning Requested: B -2 Acreage: 0.78 Acres 19 Dept. of Parks Recreation Comments: No Comment 2/5/04 Signature Date: 7YY2 Dj/Jfw--- Notice to a t. of Parks Recreation Please Return This Form to the Applicant Rezoning Comments Applicant's Name: Mailing Address: Current Zoning: RP Mail to: Frederick County Dept. of Parks Recreation 107 North Kent Street Winchester, VA 22601 (540) 665-5678 behind the former Hardee's Restaurant. Gilbert W. Clifford Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Frederick County Department of Parks Recreation Hand deliver to: Frederick County Department of Parks Recreation Co. Administration Bldg., 2 °a Floor 107 North Kent Street Winchester, VA 22601 Burlington, LLC ary cap P,lea'se fi4�1 orit h er nf� a's'` accurra el asp ;po sable mn ord re to�assis the $u a- 4a.t�. U T '4 k 'q Mfit Departmentp ucs R, t ecreat oii witl their rev ew" E1�t ach a copy yordapp�lrca ,Llocat oril `e em nt;'impactla alt's stanitauj otheripert n ntmf r` z Phone: (540)667 -2139 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, Zoning Requested: B -2 Acreage: 0.78 Acres 12 Sanitation Authority Comments: �✓-e oZo vz. e a Sanitation Authority Signature Date its ,i. 6 FA2, d Notice to Sanitation u ority Please Return This Form to the Applicant Rezoning Comments Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868 -1061 Frederick County Sanitation Authority Hand deliver to: Frederick Co. Sanitation Authority Attn: Engineer 315 Tasker Road Stephens City, VA Burlington, LLC Oppl ^wa': please e n s r• 9 Applicant Pleasegfill out�the mformat�on as'accuratgly as�eossible uthority h their review attach copy of y i; aptli a ion statement, mpact analysis an an otherJ. pent tsm forma on.. Applicant's Name: Mailing Address: Gilbert W. Clifford Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Phone: (540)667 -2139 Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant Current Zoning: RP Zoning Requested: B -2 Acreage: 0.78 Acres 14 City of Winchester's Comments: A 10 C r7L Ud r dbH, -lc n ,01( ,J A r]i(e, j, fre, -1--D Ek ED Se hs e 1-2 5) nv el con, ne In-k.rSgcF, S?F.i75 1, if Bas" ?Lc) 910JJ Gem s, t ler 14LI ,'F 4 r y r, 'i h CO cee55 on a f 11-7446 USF of 5?Nf Ski e7 e;1 /rq tvr «ll i f -I rhr v- de,,J.5, City if Winchester's L� Signature Date: ---.Th Notice to City of' cheste Please Return This Form to the Apfilicant Rezoning Comments Current Zoning: RP 1 Mail to: Winchester City Planning Department Attn: Planning Director 15 North Cameron Street Winchester, VA 22601 (540) 667 -1815 Applicant's Name: Mailing Address: City of Winchester z` Mt �.x rr xr -msra c .l =r-x,. c •r vApphcant iPlease fiillaout =the m a as p ossible ,n -,40zg 4 a.' s ,i eg� Winches wit «review Attach as copy of vourtapp1 form mpact rstatement i analysis,rand any other information e3',ytac.. L k ti :.ad- a to f pertinent y�c stic cfirvaw y 4 xN '�iLf`� 4b '4 '��'R' !�q.m.'3PV✓� iK EFK '.L..�Y� t behind the former Hardee's Restaurant. Gilbert W. Clifford Assoc., Inc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester VA 22601 Hand deliver to: Winchester City Planning Department Attn: Planning Director Rouss City Hall 15 North Cameron Street Winchester, VA Location of Property: East of Winchester and north of tiS Route 50, on the east side of Tulane Drive, Burlington, LLC Phone: (540)667 -2139 Zoning Requested: B -2 Acreage: 0.78 Acres 18 J ezonint Comments rs--lrail to: Frederick Co. Fire Marshal 1 07 N. Kent St. VCTinchester, VA 22601 (S 40) 665 -6350 ivnipl of Please filltout the c t se rmation as a c e a kr ounty ire'Ma ha'I�,wt phis evv1 w tta hta co Y possible m order =lo a�s' �t1i Fed k„ curat] p a o fer s to ma py� °f 3`o app] cano for P m _act analysis a ta tn l ocation ma na any�oth'er pertinent mtorm ationn.. App] icant's Name: Mailing Address: Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant. Current Zoning: RP Frederick County Fire Marshal Hand deliv=er to: Frederick Rescue Dept. Attn: Fire Marshal Co. Administration Bldg., 1 Floor 107 N. Kent Street Winchester, VA 22601 Gilbert W. Clifford Assoc. Inc. c/o C. E. Maddox. Jr. P.E. VP 117 E. Piccadill Street Suite 200 Winchester VA 22601 Zoning Requested: B -2 Burgin ton LLC Phone: 540 667 -2139 Acreage: 0.78 Acres Fire Marshal's Signature Date Notice to Marshal Please Retur Fed W�Servi a Authority's Comments: Fred -Winc Service ut rity's Signature Date Wii.1/4~' 1/4-7: s A64 Notice to Fred -Wine Service Authority Please Return This Form to the Applicant Rezoning Comments Mail to Fred -Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 Applicant's Name: Mailing Address: behind the former Hardee's Restaurant Current Zoning: RP Frederick Winchester Service Authority Gilbert W. Clifford Assoc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Zoning Requested: B -2 Burlington, LLC Hand deliver to: Fred -Winc Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 1 s a. pleas fill outtthe' iiiformat�on s accurately,' as, possi i oriler ss the AP P h cant S �9--- -4 4 5cs,.,a v..ac�r `e x �A�,-- M "rs.✓�r 1 -s a ^r m� �i s��..t Ts. r x.. ,'�a'�! D ep m ofPub W oo11 n n rreev t' la ha `c p o your apph "fo o ate .ma rofferistatement, unp act analysis, and any other mformation. tact Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Driv Phone: (540)667 -2139 Acreage 0.78 Acres P02 6 l HVW Og 24 j I County Attorney's Comments: „.3 L. a Assistant County Atto i eir Signature Dat Notice to; ounty; Attorney,,,, PleiseReturngliisForm r to_the Applicant Rezoning Comments Mail to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA 22601 (540) 665-6383 clf x, e=rx vs. r a f”- a a +as 4 at.° r a� ra. Appl ant P 7eas�l tth nforn tro F ordertoa stthe 1 .Attorne s oruce with.their reviews Atta o applicatio f o r m loc at i on z ma t a' �e,> --sols "sae`e.ta'tfig 3'°3saz¢"'r taa'Y�x a• �i a5r .`ih .w pro NaRa4 ttr'+ ffer statement „impact analysts, and any other, pertinent mfor 4 <r.. Applicant's Name: Mailing Address: Location of Property: East of Winchester and north of US Route 50, on the east side of Tulane Drive, behind the former Hardee's Restaurant Current Zoning: RP Frederick County Attorney Gilbert W. Clifford Assoc. c/o C. E. Maddox, Jr., P.E., VP 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Burlington, LLC Hand deliver to: Frederick County Attorney Co. Administration Bldg., Suite 202 107 North Kent Street Winchester, VA Phone: (540)667 -2139 Zoning Requested: B -2 Acreage: 0.78 Acres 7 n N m N m 0 N 00 9 01 -.4 CD I3 CNN] N INN 4 l e 00 'I 3 O. w0 0CD 0 CO 4 0 CD 07 0( 0 L CUD 2• m it Nm N 3D CD m a 2 s H O. N 07 CON 000U) 09 N 3 c 0 3 111 I I mm• 2 0 9N r or Ian w r m n m Zan •0 C 1 n 1 m N m C9 W m OJ 00 Nan CLm I 0m4 co 4 4. OW I C ,4 N• CD 1 m oc N CD CD m. W 0 CAN N Po co NN �0 0 OD .4 NrF mm CU CD I -1 923 C 079, CI D 0 0) 07 3 03 3 3 .t C m 01 3 m m 03 3 0) Cr r•• CO 3 a N 0— •m N a2 1 CI 01 N '7 323 CD N CD CD 01 0 N a N C 07 N m 3 0 a 07 4 m D 4 Nn0) 2 WN 2• CO C a m.. 3 m 3 O 3 2 CO 11 2 C C Ian ICJ CO N A CD 07 i m r I0� N I W I 1111 er N o n m m N I ID �I. 3RISON JOHNSTON ATTORNEYS AT LAW ANCNESTER. VIRGINIA 1 02002194 0 0 CO THIS DEED, made this 1 day of T/,., /4_,.2002, by and between MILDRED A. FLEET, Widow, of the first part, hereinafter called the Grantor; and BURLINGTON, L.L.C., a Virginia Limited Liability Company, of the other part, 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 and appurtenances thereto belonging, all of that certain lot of land, together with all rights, rights of way and appurtenances thereunto belonging, lying and being situate on the South side of Princeton Drive, in Shawnee Magisterial District, Frederick County, Virginia, designated as Lot No. 12 on the plat of College Park Subdivision, prepared by Lee A. Ebert, C. L. S., of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia in Deed Book 261 at page 208; Lot No. 12 having a frontage on said Princeton Drive of 100 feet and extending back for a distance of 202.24 feet on its eastern boundary and 208.8 feet on its western boundary with a width in the rear of 70 feet; and being described in the Deed of Dedication dated November 30, 1959, and recorded In the aforesaid Clerk's Office in Deed Book 261 at Page 206, to which Deed and plat and the references therein contained, reference is made for a further description of said property; and being a portion of the same property which was conveyed to Marvin C. Fleet and Mildred A. Fleet, his wife, as tenants by the entirety, with survivorship as at common law, by deed from Francis P. Lagos, et ux dated May 18, 1965 and recorded in the aforesaid Clerk's Office in Deed Book 311 at Page 218. Upon the death of Marvin C. Fleet, intestate on June 15, 2002, Mildred A. Fleet, the Grantor herein, became the sole owner of said property. Reference is hereby made to the aforesaid instruments for a further and more particular description of the property herein conveyed. iRISON JOHNSTON ATTORNEYS AT LAW IINCHE STER, VIRGINIA itt '11 i "1':1 IP This conveyance is made subject to all easements, rights of way and restrictions of record, If any, affecting the subject property. WITNESS the following signature and seal: STATE OF CITY /COUNTY OF �.g--✓�.. f_ To -wit: Mildred rWeet. The foregoing instrument was acknowledged before me this /3 day of rr b 20,L9..,� .i r' widow. My commission expires VIRGINIA FREDERICK COUNTY, C to on This instrument of writing produced at and with certificate of acknowledgement th' t annexed was admitted to record. T imposed by Sec. 58.1 -S02 of a0 ,and 58.1 -801 have been paid, if assessable -2- 1• Notary ISuti1 Air) Clerk 0 0 USON B JOHNSTON ATTORNEYS AT LAW WINCHESTER NRGINLA S o 030000966 0 ry 0 THIS DEED OF CORRECTION made and dated as of the of January, 2003, by and between MILDRED A E EET, Widow, of the one part, hereinafter called the Grantor, and $URLINGTON, L.L.C„ a Virginia Limited Liability Company, of the other part, hereinafter called the Grantee. WHEREAS, by Deed dated December 13, 2002, of record in the Clerk's Office of the Circuit Court of Frederick County, Virginia, as LR020021941, the Grantor herein conveyed a certain property to the Grantee herein, said property being therein designated as Lot 12 on the plat of College Park Subdivision (Tax Map Parcel 64A- 2 -12); and WHEREAS, it was the intention of the Grantor to include in the aforesaid conveyance two contiguous tracts of land, one designated as Lot 12 (Tax Map Parcel 64A- 2-12) which was conveyed by said Deed and one designated Lot 13 (Tax Map Parcel 64A- 2-13) which was omitted; and WHEREAS, in order to correct the aforesaid Deed, the parties have agreed to this conveyance. WITNESSETH: That for and in consideration of the mutual benefits to be derived therefrom and the consideration heretofore paid, the Grantor does hereby convey with General Warranty and with English Covenants of Title unto the Grantee, in fee simple, together with all rights, rights of way, privileges, appurtenances and improvements thereunto belonging, all the following described realty, to -wit: All those two (2) certain lots or parcels of land lying r' ,SON B JOHNSTON ATTORNEYS AT LAW WINCHESTER, VIRGINIA 1 and being situate on the South side of Princeton Drive, Shawnee Magisterial District, Frederick County, Virginia, designated as Lots No. 12 and 13 on the plat of College Park Subdivision, prepared by Lee A. Ebert, C.L.S„ of record in the aforesaid Clerk's Office In Deed Book 281, at Page 208, Lot No. 12 having a frontage on said Princeton Drive of 100 feet and extending back for a distance of 202.24 feet on its Eastern boundary and 208.8 feet on its Western boundary, with a width in the rear of 70 feet, and Lot No. 13 having a frontage of said Princeton Drive of 80 feet and extending back for a distance of 208.8 feet on its Eastern boundary and 199.03 feet on its Western boundary, with a width in the rear of 67.9 feet; and being the same realty conveyed to Marvin C. Fleet and Mildred A. Fleet, his wife, as tenants by the entirety, with survivorship as at common law, by deed from Francis P. Lages, et ux, dated May 18, 1965, duly recorded in the aforesaid Clerk's Office in Deed Book 311, at Page 218. Upon the death of Marvin C. Fleet, intestate, on June 15, 2002, Mildred A. Fleet, the Grantor herein, became the sole owner of said property. A reference to the aforesaid instruments and to the references therein contained is here made for a further and more particular description of the realty hereby conveyed. This conveyance is made subject to all legally enforceable restrictive covenants, rights of way and easements of record, if any, affecting the aforesaid realty. WITNESS the following signature and seal: S Mildred A. Fleet 0 O CO SON JOHNSTON l 0 RNEYS AT LAW WINCHESTER, VIRGINIA 1 STATE OF NEBRASKA, CITY /COUNTY OF Lim 1-6v11 To -wit: The foregoing instrument was acknowledged before me in my jurisdiction aforesaid this day of January, 2003, by Mildred A. Fleet, Widow. My commission expires GENERAL pv. Stsle Nehn KARYN NYTA E. MONE'r 0 My Comm. Exp. Sept. 5, 2004 (NOTARY SEAL) VIRGINIA FREDERICK COUNTY, SCI; This instrument of writing was produced to me on at <4 41 cr otary Public and with certificate of acknowledgement thereto annexed was admitted to record. T imposed by Sec. 58.1 -802 of S and 58.1 -801 have been paid, if assessable