HomeMy WebLinkAbout10-04 ApplicationJanuary 13, 2005
Thomas M. Lawson, Esquire
PO Box 2740
Winchester, VA 22604
RE: REZONING #10 -04, A.P.R. Mini Storage, LLC
Dear Mr. Lawson:
Sincerely,
<7/ 7/, L-Cc.
Candice E. Perkins
Planner II
CEP /bad
a RECOPY
cc: Paul Negley, A.P.R. Mini Storage, LLC, 127 Mercedes Ct., Winchester, VA 22603
Darren Foltz, Foltz Land Surveying, PO Box 23, Stephens City, VA 22655
Gene Fisher, Shawnee District Supervisor
William Rosenberry and Robert Morris, Shawnee District Planning Commissioners
Jane Anderson, Real Estate
COUNTY of FREDERICK
Department of Planning and Development
540/665 -5651
FAX: 540/665 -6395
This letter serves to confirm action taken by the Frederick County Board of Supervisors at their
meeting of January 12, 2005. The above- referenced application was approved to rezone 2.5473 acres
from RA (Rural Areas) District to B1 (Neighborhood Business) District and 10.1134 acres from RA
(Rural Areas) District to B2 (General Business) District; total acreage being 12.6607. The subject
property is located on the north side of Route 776 about 500 feet east of the intersection with Route 522,
and is identified with Property Identification Number 64B -A -38, in the Shawnee Magisterial District.
The proffer that was approved as a part of this rezoning application is unique to this property and is
binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your
records.
Please do not hesitate to contact this office if you have any questions regarding the approval of this
rezoning application.
107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000
North: RA (Rural Areas) Unimproved /Airport
South: RA (Rural Areas) Residential
East: RA (Rural Areas) Residential
West: RA (Rural Areas) Residential
REZONING APPLICATION #10 -04
A.P.R. MINI STOARGE, LLC
Staff Report for the Board of Supervisors Meeting
Prepared: December 30, 2004
Staff Contact: Candice E. Perkins, Planner II
This report is prepared by the Frederick County Planning Staff to provide information to the
Planting Commission and the Board of Supervisors to assist diem in making a decision on this
application. It nray also be useful to others interested in this zoning matter. Unresolved issues
concerning this application are noted by staff where relevant throughout this staff report.
Reviewed Action
Planning Commission: 08/18/04 Recommended Denial
Board of Supervisors: 09/08/04 Tabled at Applicants Request
13oard of Supervisors 11/10/04 Tabled to Review Revised Proffers
Board of Supervisors 01/12/05 t-'ending
PROPOSAL: To rezone a total of 12.6607 acres from the RA (Rural Areas) to the 131
(Neighborhood Business) District and the 132 (General Business) District. This application seeks to
rezone 2.5473 acres from RA (Rural Areas) District to B1 (Neighborhood Business) District and
10.1134 acres from RA (Rural Areas) District to 132 (General Business) District.
LOCATION: The subject acreage is located on the north side of Route 776 about 500 feet east of
the intersection with Route 522
MAGISTERIAL DISTRICT: Shawnee
PROPERTY 11) NUMBER: 6413 -A -38
PROPERTY ZONING: RA (Rural Areas)
PRESENT USE: Unimproved
ADJOINING PROPERTY ZONING PRESENT USE:
REZ #10 -04. A.P.R. Mini- Storage, LLC
Page 2
December 30, 2004
PROPOSED USE: General Office /Mini Storage
REVIEW AGENCY EVALUATIONS:
Virginia Dept. of Transportation: The documentation within the application to rezone this
property appears to have a measurable impact on Route 776. This route is the VDOT roadway
which has been considered as the access to the property referred. VDOT is satisfied that the
transportation proffers offered in the APR Mini Storage. LLC rezoning application dated April 9,
2004 address transportation concerns with this request.
Department of Public Works: All of our previous comments have been addressed. Therefore, we
recommend approval of the subject rezoning.
Historic Resources Advisory Board: Upon review of the proposed rezoning, it appears that the
proposal does not impact historic resources. The Rural Landmarks Survey and the Comprehensive
Policy Plan do not identify any battlefields or significant historic structures either on or adjacent to
the subject properties.
Winchester Regional Airport: See letter Irwin Serena Manuel, Executive Director, dated February
19, 2004. See Letter, /iom Serena Manuel dated June 21, 2004.
Frederick Winchester Service Authority: No comment.
Sanitation Authority: Water and sewer capacity is available.
Frederick Winchester Health Dept.: Health Dept. has no objection to rezoning. Central water
and sewer provided.
Frederick County Fire Marshall: Water supplies for firefighting and access shall be identified
during the site plan process and meet the requirements of Frederick County Code Section 90 -4 and
the Fire Prevention Code in effect at the time. Roadway improvements may be necessary. The
Millwood Station Volunteer Fire Rescue provides the protection as well as Emergency Medical
Services to the parcel. The Impact Analysis Statement indicates over one hundred thousand dollars
impact on these services but the Proffer Statement does not indicate a monetary contribution.
Millwood Station should be provided an opportunity to comment on the project. Plan approval
recommended.
First Responder Millwood Fire Rescue Company: Proper hydrant space as well as 24 access
to the site.
Frederick County Attorney: No comment.
REZ #10 -04. A.P.R. Mini Storage, LLC
Page 3
December 30, 2004
Planning Zoning:
1) Site History: The original Frederick County zoning map (U.S.G.S. Winchester
Quadrangle) identities the subject parcel as being zoned B -1 (Business General). The
parcels were re- mapped from B -1 to A -2 (Agricultural General) pursuant to the County's
comprehensive downzoning initiative (Zoning Amendment Petition #012 -80), which was
adopted on October 8, 1980. The County's agricultural zoning districts were combined to
form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County
Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning neap resulted
in the re- mapping of the subject property and all other A -1 and A -2 zoned land to the RA
District.
2) Site Suitability: The subject property does not contain any environmental features
or constraints that would either hinder or preclude site development. In particular, the site
does not include any areas of steep slopes, flood plain, or wetlands /hydrologic soils.
The General Soil Map of the Soil Survey of Frederick Countv. Virginia indicates that the
soils comprising the subject parcels fall under the Weikert- Berks Blairton soil association,
which is the predominant association on land located east of Interstate 81. It is noted that
the Weikert- Berks- Blairton soil association presents some limitations to site development
due to a seasonal high water table, depth to bedrock, and slope. The management of such
characteristics must be demonstrated through the site engineering process associated with
subsequent development applications for the proposed project.
It is noted that the majority of the site is open. As reported in the Impact Analysis
Statement, there are some mature trees located along the north boundary line, but the site is
generally considered to be without mature woodlands.
3) Comprehensive Policy Plan: The subject property is located wholly within the
Sewer and Water Service Area (SWSA), and is included within the boundaries of the Route
50 East Corridor Land Use Plan. The Route 50 Gast Plan envisions the area that includes
the subject parcel as developing with business /office land uses. (Comprehensive Po /icy
Plan, p. 6 -19)
The subject parcel is also located within the boundaries of the Airport Support Area that
surrounds the Winchester Regional Airport. This area comprises a zone of influence for
airport operations wherein the development of business and industrial land uses is promoted
to minimize conflicts and ensure the feasibility of future airport expansion. (Comprehensive
Policy Plan, p. 6 -61, 6 -63). The Airport Authority has initiated efforts to obtain a portion of
the subject property to serve airport runway approach areas. (See letter from Serena
Manuel, Executive Director of the Winchester Regional Airport, dated February 19, 2004)
REZ 1110 -04, A.P.R. Mini Storage, LLC
Page 4
December 30, 2004
4) Potential Impacts
A. Transportation:
Planning Staff Comments:
As noted in the Impact Analysis Statement, the applicant has identified 20,000 square feet of
office use(s) and 150,000 square feet of a mini- storage use as the identified land uses on the
subject 12.6607 acre site.
To project the traffic impacts associated with such a land use scenario, the applicants
employed trip generation data for office and mini warehouse facilities published in The
Institute of Transportation Engineers (ITE) Trip Generation Manual. 6' Edition. The trip
generation figures provided for mini warehouse for the B -2 portion are 540 average vehicle
trips (VPD) per 1,000 square feet of floor area on weekdays and 503 VPD per 1,000 square
feet of floor area on Saturdays. The trip generation figures provided for general office in the
13-1 portion are 367 VPD per 1,000 square feet of floor area on weekdays and 79 VPD per
1,000 square feet of floor area on Saturdays. The projected traffic generated by the
applicant's proposal would therefore range between 907 VPD (weekdays) and 582 VPD
(Saturdays).
I'DOT Comment: The documentation within the application to rezone this property appears
to have a measurable impact on Route 776. This route is the VDOT roadway which has
been considered as the access to the property referenced. VDOT is satisfied that the
transportation proffers offered in the APR Mini Storage, LLC rezoning application dated
April 9, 2004 addresses transportation concerns associated with this request.
The segment of Bufflick Road serving the subject parcel is comprised of two (2) travel
lanes. The applicants have proffered that a traffic impact analysis (TIA) shall be prepared
should the initial site plan provide for a land use with a traffic generation projections
exceeding 600 VPD that utilizes Bufflick Road. After the issuance of any second or
subsequent site plan and issuance of a Certificate of Occupancy for the improvement set
forth in the subsequent site plan, the Property Owner shall conduct an actual count of
vehicle trips per day from the property. If the counts reveal that more than 600 VPD are
generated from this property, the property owner shall conduct the TIA. The TIA will
identify necessary improvements required to the road system for vehicle trip as attributable
to this property. After agreement with VDOT and the property owner, the agreed road
improvements shall be installed within nine (9) months.
The addition of trips to public roads is acknowledged as a discernable impact of all
new development. However, as per VDOT's comment above, Bufflick Road should
be able to adequately accommodate the trip generation projections associated with
this application. Staff concurs with VDOT that the improvements proffered by the
applicant are sufficient to address the transportation impacts of the proposed
REZ #10 -04. A.P.R. Mini Storage, LLC
Page 5
December 30, 2004
rezoning; however, staff does have concerns regarding the wording of the
transportation proffer.
The proffer only refers to the initial site plan for the property, meaning that only the
first site plan may trigger transportation improvements. The applicant is making an
effort to deal with the possibility of a use on the she that has a more intensive use
than what is currently proposed; however, the current proffer is limited in that only
the initial site plan would trigger improvements in advance of development activity
in response to projected impacts.
Under the current proffer statement, if a mini storage facility is initially constructed
on the B -2 portion of the site and does not exceed 600 VPD, a TIA would not be
required at site plan. If a subsequent site plan for an additional use is approved for
the site, actual trip counts will be the basis to determine whether trips will exceed
600 and a TIA is required. Once the TIA is completed, VDOT and the owner would
come to agreement about the improvements that need to be installed. Upon reaching
this agreement, the owner has nine (9) months to install the improvements. Thus,
improvements would only occur after impacts have been introduced to the
community, rather than prior to the development based upon traffic projections.
B. Historic Resources:
The Frederick County Rural Landmarks Survey does not identify any potentially significant
historic resources on the site of the proposed rezoning. Moreover, according to the National
Park Service's Study of Civil War Sites in the Shenandoah Valley of Virginia. the subject
site is not included in any battlefield study area and does not contain any core battlefield
resources.
C. Sewer and Water:
The Frederick County Sanitation Authority (FCSA) is authorized to serve the subject site
with public water and sewer due to its location within the SWSA and UDA. The FCSA is
the agency responsible for the operation and maintenance of the public water and sewer
system to include the Diehl Water Plant and the Opequon Water Reclamation Facility,
which are the primary treatment facilities that will serve the commercial uses of the
property.
At the build out that the applicant is proposing, it is projected that the proposed commercial
developments on both the B -1 and B -2 portions will generate an average daily sewage flow
of 6,500 GPD. The applicant indicates that the sewage from this site will be conveyed to
the Opequon Water Reclamation Facility for treatment. Sewage conveyance is expected to
occur via an existing eight inch main that is located thorough the north portion of the parcel
and a 12" main located along the south and east boundary of the site.
The applicant has indicated that the water will be supplied to this site through an existing
16" water main.
REZ #10 -04, A.P.R. Mini Storage, LLC
Page 6
December 30, 2004
D. Airport Acquisition Areas:
The Winchester Regional Airport Authority has slated the northern five acres of this
site for fee simple acquisition. This capital project is included in the Airports Twenty Year
Master Plan, Frederick County's Capital Improvements Plan and the Five Year Plan for the
Virginia Department of Aviation and the Federal Aviation Administration. The acquisition
of this portion of the parcel is necessary because it is located within the Airport's FAR Part
77 primary surface and/or approach surface. The airport has recently completed appraisals
of the 5.40 acre site and is prepared to initiate offers to purchase.
Winchester Regional Airport: See letter from Serena Manuel, Executive Director, dated
February 19, 2004, which states, in part:
The parcel of land you are requesting a rezoning for includes a section of
approximately 5.40 acres adjacent to existing airport property identified by the
Winchester Regional Airport Authority for fee simple acquisition." "Land
acquisition is necessary because many of the identified parcels are located within the
Airport's FAR Part 77 primary surface and /or approach surface. Under the Federal
Aviation Administration's Part 77 Surface Requirements, the Airport is required to
own simple properly within the Primary Surface ”.(excerpt from Airport comment)
See Letter from Serena Manuel dated June 21, 2004.
Planning Staff Comments: Approval of this rezoning will enable the applicant to proceed
through the development procedure, possibly resulting in the construction of structure
within the area identified for airport acquisition.
5) Proffer Statement
The applicant has submitted a proffer statement which has been signed by the property
owner, notarized and reviewed by the County Attorney's office. The following is a List of
the conditions voluntarily proffered by the applicant:
A monetary contribution of $3,000 to Frederick County for the Millwood Fire and
Rescue Company at the time the first building permit is issued.
A traffic impact analysis (TIA) for the site will be completed should the initial site plan
provide for a land use with traffic generation projections exceeding 600 VTP that utilize
Bufflick Road.
Said TIA will identify improvements to the road system that will be installed by the
applicant during the initial site development phase or at such time as determined by
V DOT.
All uses other than a mini- storage facility and an office building have been proffered out
on the site for so long as any property in the neighboring vicinity (within 50 yards) is no
longer used or zoned for residential purposes.
REZ #10 -04, A.P.R. Mini Storage, LLC
Page 7
December 30, 2004
Structures on the rezoned property shall not exceed the FAA Part 77 Surface Height
Restrictions.
PLANNING COMMISSION SUMMARY ACTION OF THE 08/18/04 MEETING: The
applicant's representative submitted a revised proffer statement which specified that a traffic impact
analysis (TIA) would be conducted, should the initial site provide for a land use with traffic
generation that would exceed 600 vehicles per day (VPD) on Bufflick Road (Rt. 776). If any
second or subsequent site plan is done for the property, the owner will conduct actual vehicle trip
counts and in the event said counts determine more than 600 VPD, a TIA will be completed to
identify necessary road improvements to be accomplished by the property owner.
The Executive Director of the Winchester Regional Airport gave an overview of the airport's 20-
year master plan which identified land acquisition of properties after the completion of the airport's
major safety capital improvements. The airport's executive director indicated that the capital
improvements have been completed and the airport is now focusing on land acquisition; one of the
parcels the airport is acquiring this year is a portion (5.96 acres) of the A.P.R. mini storage site.
After the airport acquires the designated parcels, all structures or improvements will be removed
from the site. It was noted that the airport will be a designated reviewing agency for development
of any adjacent parcels surrounding airport property.
Four residents along Bufflick Road spoke to the Commission regarding their opposition to rezoning
this property to commercial. The residents did not believe the proposed business use was
appropriate within the center of their established residential neighborhood. Traffic was a particular
concern; they pointed out that Bufflick road was very narrow, comprised of tar and chip, and they
wanted it to remain that way. They were also concerned about water run -off and mentioned
propert ies that are impacted by flooding during heavy rains.
Planning Commissioners voiced their concern that although the applicant's immediate intention
was to use the property for mini- storage, the intended use could change in the future because it was
not specifically identified within the proffer statement. In addition, since no other B2 uses were
proffered out, traffic issues and impacts to the surrounding residential neighborhood remained as
legitimate concerns. Other Commissioners pointed out the inevitability of this area's future
conversion to commercial in support of the Winchester Regional Airport.
By the following majority vote, the Planning Commission recommended denial of the rezoning:
YES (TO DENY): Straub, Gochenour, Watt, Unger, Light, Fisher, Rosenberry
NO: Deliaven, Thomas, Ours
(Note: Commissioners Kriz, Triplett, and Morris were absent.)
09/08/04 Board of Supervisors Meeting Application was tabled at the applicant's request
11/10/04 Board of Supervisors Meeting Application was tabled to review revised proffers
REZ 1110 -04, A.P.R. Mini Storage, LLC
Page 8
December 30. 2004
STAFF CONCLUSIONS FOR 01/12/05 BOARD OF SUPERVISORS MEETING:
This proposed rezoning is a request to rezone 12.6607 acres from the RA (Rural Areas) to the B -1
(Neighborhood Business) and the B -2 (Business General) Districts with the intent to accommodate
a mini storage facility and office buildings. The subject property is located wholly within the
Sewer and Water Service Area (SWSA). This proposal is generally consistent with the applicable
land use policies of the Comprehensive Policy Plan.
Staff would note that there are sources of concern regarding incompatibility with the airport due to
their master plan for this parcel. As presented, this application would significantly impact airport
facilities and efforts to mitigate the impacts have not been addressed. The Planning Commissioners
denied this application at their 8/18/04 meeting. The applicant has requested that the Board of
Supervisors consider the rezoning application at their 01/12/05 meeting.
Following the required public hearing, a decision regarding this rezoning
application by the Board of Supervisors would be appropriate. The applicant
should be prepared to adequately address all concerns raised by the Board of
Supervisors.
REZ 10 04 A.P.R. Mini Storage, LLC (64B A 38)
OUTPUT MODULE
APPLICANT: FOLTZ Net Floral Impact
LAND USE TYPEB1,O2 Costs at Impact salt. jmcfilaohe Take Total Potential Adjustment For
REAL EST VPL S16,2272E6 Required (entered in Cur. Budget Cur. Budget Cap. Fuurm dpi Tax Credits Revenue. Net Capital Net Cost Per
FIRE &RESCUE B capllg(Fadlr'n cur cum only) Oorl_C oFnuia Expea ehtS TPrpt Other 3.63aatatadl (sal Palate", Faclla1n lmoad Dw IMR9 UM
Are and Rare Department 5118,573
S9 $D 5116,573 ERR
Elementary Schools SO
Middle Schools SO S0 SO SO SO SO ERR
High Schools SO
Parks and Recreation SD SO 30 30 30 ERR
Public Library 30 S0 $0 SD SO ERR
ShMIMs OBices SO 39,711 ,711 SO SO 59,711 39 SO ERR
Administration Building SD SO 30 50 30 ERR
Other MIBcellarmoa Facilities 53 323,204 525.707 548.991 343,991 50 ERR
SUBTOTAL $Ii5573 532,995 525,727 30 550,702 358.702 $99.971 ERR
LESS: NET FISCAL IMPACT 311,411,542 311,411,542 311,411,542 (S11,411,5_42 ESE
NET CAP. FACILITIES IMPACT S0! EPRt
METHODOLOGY 1. Capita/ tncsabe requirements are laps In ate irst column as calculated In the model.
2. Net Fiscal Impact NPV from operations calculations is Input In row Iota) d second column
taro if nogadvet Included are the one-time taxes/tees for one year only at hill vague.
3. NPV of Future opercap equip tams paid In third column as alr:Mated In fiscal impact°.
d NPV of future capital expenditure lams pakl In fourth cur as calculated In fiscal impacts.
5. NPV d rubes tams peld to bring dunned coumy up to standard for new facilifies, as
calculated for each new fedlity.
6. Columns three through live are added as potential credits against he calculated capital
fealties Iw ulrernenta. These ere adjusted for percent of costs covered by the revenues
ham the prap$ct (actual, or es rado to avg. to all r®Idsntial development).
NOTE Proffer calculations do as include include interest because they are cash payments up front Credits do Include Internet t the artifacts are debt financed.
NOTES: Model Run Data OAOBA1a ASK
NDE%: "13 Cap. Equip Included 1.0
INDEX '1.0" If Rev Bal,1O.0' if Ratio to Co Avg: 0.0 Rev Cost Bel 1.000
PLANNING DEPT PREFERENCES 1.0 1.0 Ratio to Os Avg 1.342
Protect Descep/iorc Assumes 249,327 sq.f relax on 2.55 acres zoned 91 District and 10 11 acres zoned 02 Dieted.
Dee to changing conditions aeaoCialaa with development in the Canty, the resulle of his
Output Module may not be valid beyond a period d 90 days from the model run date.
20021AO0EL
Winchester Airport
ebruary 19, 2004
A.P.R. Mini- Storage, LLG
127 Mercedes Court
Winchester. Virginia 22603
Dear Mr. Foltz:
6406622906 09/02/04 12:22pm P. 003
WINCHESTER REGIONAL ASRRGR
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 6622422
Re: Rezoning Comments
Parcel ID in 648- ((A)) -38 12.6607 Acres
Rezoning Requested B -1/B -2
Shawnee Magisterial District
The parcel of land you are requesting a rezoning for includes a section of
approximately 5.40 acres adjacent to existing airport property identified by the
Winchester Regional Airport Authority for fee simple acquisition.
1 have enclosed a copy of the Airport Property Map that shows the section of the
parcel needed for acquisition identified on our map as parcel 53, owned by Nicholson.
This parcel of land along with several other parcels, has been programmed in the
Airport's Twenty Year Master Plan, Frederick County's Comprehensive Plan,
Frederick County's Capital Improvement Plan and the Five -Year Plan for the Virginia
Department of Aviation and the Federal Aviation Administration.
Residents living along the northern side of Bufflick Road that have property identified
for acquisition on the Airport's Master Plan were immediately notified upon completion
of the Master Plan Update in 1993. They each received a copy of an estimated
timetable outlining when acquisition proceedings would proceed.
Funding for the preliminary work surveys, appraisals, environmental assessments,
etc.) to acquire three pieces of property including this parcel is in the current budget
and is in progress. Funding for the acquisition of land is in the Airport's budget for FY
2005 that begins July 1 of this year.
For several years, development requiring and acquisition at the Winchester Regional
Airport has focused on the Runway 32 (southwest) end, Now that those and projects
are complete, the Airport is actively working on acquiring several parcels on the
Runway 14 (northeast) which includes the above referenced parcel. Land acquisition
is necessary because many of the identified parcels are located within the Airport's
FAR Part 77 primary surface and /or approach surface_
Winchester Airport 5406622836 0OS/02/04 12:22pm P. 004
Under the Federal Aviation Administration's Part 77 Surface Requirements, the Airport
is required to own fee simple property within the Primary Surface. This requirement is
also include in the Code of Virginia 15.2. The five plus acres designated for
acquisition Iles within the airport's runway protection zone (RPZ) as outlined on the
enclosed map.
I am available at any time to meet with you or the landowners to work out a solution
that would be beneficial to them, However, I am unable to support the rezoning
request for the entire 12 plus acre parcel. On behalf of the Winchester Regional
Airport Authority, we discourage a rezoning that would allow for development on the
identified five -acre site
Please do not hesitate to contact me to discuss this issue or if you have questions at
(540) 662-5786.
Thank you for your support and I look forward to working with you on this matter.
Sincerely,
"fix ti a1 C\ 3
Serena R. Manuel
Executive Director
Cc: Charles L. Wilmot, Jr., Chairman, WRAA
Eric Lawrence, Director, Frederick County Planning
Mark K. Flynn, Legal Counsel, WRAA
w/o encl
w/o encl
w/o encl
;FCV- THE
IL
Ct VBS,NIA
June 21, 2004
Eric Lawrence, Director
Department of Planning and Development
107 North Kent Street
Winchester, Virginia 22601
Re: APR Mini- Storage Rezoning
Dear Mr. Laver ce: v
This letter is in response to your question as to the Airport Authority's intentions regarding a parcel of land
owned by A.P.R. Mini Storage, LLC.
The parcel of land owned by A.P.R. includes approximately 5.40 acres identified in the Airport Authority's
Twenty -Year Master Development Plan for acquisition. This 5.40 acres lies within the airport's approach
surface and in accordance with the Federal Aviation Administration regulations needs to be acquired fee
simple.
This property does not have to be rezoned for the landowner to receive commercial value.
In accordance with public law, when an airport acquires property, they must have an appraisal along with
a review appraisal conducted to determine the fair market value, which would include best use. Frederick
County's Comprehensive Plan identifies the best use for this land for future development as
Business /Office. This designation along with other variables will he used to determine a fair market value,
The exact amount of property intended for purchase ■ill he determined by a survey that we will have done
in order to ensure that the landowner is not left with an uneconomic remnant. We could actually acquire a
little more or less than the 5.40 acres. The survey, appraisals and any environmental studies will begin
within the next couple of weeks on three parcels including this one.
We have begun the process for acquisition of three parcels on Bufflick Road and this parcel is included. If
the landowner is willing to sell right now, we encourage him to present us an asking price in order to
speed up the negotiation /acquisition process.
I hope this answers your questions however. if you have additional questions or need further details,
please do not hesitate to contact me.
Thank you for your continued support and assistance_
Sincerely,
�2lYU
Serena R. Manuel
Executive Director
Winchester Airport
5406622936 08/02/04 12:22pm P. 001
WINCHESTER REGIONAL AIRPORT
491 AIRPORT ROAD
WINCHESTER, VIRGINIA 22602
(540) 6622422
FILE COPY
E C E M
Atli 2 2004
FREDERICK COUNTY
PLANNING DEVELOPMENT
REZ 10 04 A.P.R. Mini Storage, LLC (64B A 38)
REZ 10 04 A.P.R. Mini Storage, LLC (64B A 38)
Action:
PLANNING COMMISSION: August 18, 2004 Recommended Denial
BOARD OF SUPERVISORS: January 12, 2005 APPROVED DENIED
PDRes #21 -04
AMENDMENT
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #10 -04 OF A.P.R. MINI- STORAGE, LLC
WHEREAS, Rezoning #10 -04 of A.P.R. Mini Storage, LLC, submitted by Foltz Land Surveying, to
rezone 2.5473 acres from RA (Rural Areas) District to B1 (Neighborhood Business) District, and 10.1134
acres from RA (Rural Areas) District to 132 (General Business) District. This property is located on the
north side of Route 776. about 500 feet east of the intersection with Route 522, in the Shawnee Magisterial
District, and is identified by Property Identification Number (PIN) 64B -A -38; and
WHEREAS, the Planning Commission held a public hearing on this rezoning on August 18, 2004;
and
WHEREAS, the Board of Supervisors held a public hearing on this rezoning on November 10, 2004;
and
WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in
the best interest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors that
Chapter 165 of the Frederick County Code, Zoning, is amended to revise the Zoning District Map to
change 2.5473 acres from RA (Rural Areas) District to Bl (Neighborhood Business) District, and
10.1134 acres from RA (Rural Areas) District to B2 (General Business) District, as described by the
application and plat submitted, subject to the attached conditions voluntarily proffered in writing by the
applicant and the property owner.
This ordinance shall be in effect on the date of adoption.
Passed this 10th day of November, 2004 by the following recorded vote:
Richard C. Shickle, Chairman
Gina A. Forrester
Lynda J. Tyler
Gene E. Fisher
PDRes 421 -04
Barbara E. Van Osten
Gary Dove
Bill M. Ewing
A COPY ATTEST
John R. Riley, Jr.
Frederick County Administrator
Rezoning
Impact Analysis Statement
for
Parcel ID it 64B- ((A)) -38
Shawnee Magisterial District
Frederick County, Virginia
August 1, 2003
Revised April 9, 2004
Prepared by
Darren S. Foltz, L.S.
Foltz land Surveying
P.O. Bus 23
Stephens City, VA 22655
540 -868 -2963 Fax
510- 323 -1
IbltzCwisuallink.coiu
Rezoning Jmpact ,Lath iteinent
Table of Contents
Page 2 0116
Introduction 3
A. Suitability of Site 3
B. Surrounding Properties 4
C. Traffic 5
D. Sewage Conveyance and Treatment 6
E. Water Supply 6
F. Druuagc 7
G. Solid Waste Disposal Facility 7
H. I-Iistorical Site and Structure 7
I. Impact of Community Facilities 7
J. Other Impact 7
Exhibit Ill Boundary Survey 8
Exhibit 112 Bouuda y Survey w/ Rezoning Acreage 9
Exhibit ll3 Flood Map 10
Exhibit Il4 Soils Map 11
Exhibit 115 FCSA Water Sewer Map 12
Exhibit 116 Frederick County Impact Model 13
Exhibit 117 Current Deed l4
Exhibit 1/8 Current Tax Statement 15
Exhibit 119 Proffers 16
Rvrel1U X 6413- ((U1 -38
Rezoning 6npact /111.1 1
Introduction
A. Suitability of the Site
1'.vice/ ID k 6413-((111-38
This parcel contains 12.6607 acres (see Exhibit fl) and is location on the north side of Route 776, 13ulllick
Road about 500' east of die intersection with Route 522, Front Royal Pike. The parcel is curt utly zoned
RA and it is the desire of the current owners lo rezone the cntirc parcel, 2.5473 acres to 11 -1, ucighbor 1xtod
business district and 10.1134 acres to 13 -2, 1usiness general district and (sec Exhibit fl 2).
The parcel is within the Urban Development Area as shown in the 2000 Frederick County Cou
Policy Plan and is shown as an area of proposed business /office on the map of the Route 50 East corridor
study. This parcel is located near the Route 50, Interstate 81 interchange and Route 522. It adjoins the
Winchester Regional Airport. which makes it a desirable location for commercial/business development.
The location of neighborhood business district (I1 -1) along the existing frontage on 13ufllick Road will allow
for the transition from the existing uses of homes and small businesses on 13ulllick Road to the business
general district 13 -2 which will adjoin the Winchester Regional Airport.
The parcel is well suited for commercial development. The land slopes geully from wide hilliops to
drainage swales and could be easily graded to maximize the commercial potential.
100 -year flood plains
No portion of this property lies within the 100 -year flood zone as shown on F.I.R.M. Panel 11510063-
0115-13, dated July 17,1978 (see Exhibit 113).
Wetlands
No wetlands have been identified on the parcel. Some portions of the diainagc swales along the eastern
boundary line are poorly drained due previous lams traffic and may shore signs of we tlands. However
these are not natural and with minimal grading these conditions would cease to exist.
Steep slopes (ever 50%)
No areas of steep slopes have been identified on the parcel. Two small areas svhicII may contain slopes
over 15% are highlighted on the Soil Survey of Frederick County, Virginia, Map (sec Exhibit H4).
Mature Woodlands
Some mature trees are located along the north boundary. line and around the existing house. The site is
generally considered to be without mature woodlands.
I'rinte Agriculnnal Soils
As shown on the Soil Survey of Frederick County, Virginia, Map (see Exhibit .'4), the parcel contains
the following soil types:
3B 13lairton Silt Loant 296 -7% slope
4113 Weikert-I3erks (channety silt loam) 296-7%
41C Weikett -Becks (channeiy silt loam) 7%-15%
41D \Vcikett -Becks (channety silt loam) 15%-25%
The soils in these categories are generally shallow to moderately deep. Hard .shale bedrock is found :u a
depth of 15" to 30" below tic ground surface. 'There are no known critical areas on the parcel.
Tgc3of16
Rezoning Impact; ina tcmcn[
B. Surrounding Properties
Parcel t/
648- 1(A)) -33
6411- ((A))-33A
6411 -((A)) -3313
6413- ((A)) -39
6413- ((A)) -40
648- ((A)) -41
64-((A))-88
64B- ((A)) -61
6413- ((A)) -62
648- ((A)) -63
64B- ((A)) -64
648- ((A)) -65
64B- ((A)) -66
6413- ((A)) -67
Owner Names /Add css
Beverley M. Beaver
1400 Opennon Avenue
Winchester Regional Airlx
491 Airport Road
Edna S. Rosenberger
223 Bulllick Road
Janes L. Wisccarvcr
203•I3ulllick Road
Winchester Regional Airlxut
491 Airport. Road
William L. Copcnhavcr
210 13ufllick Road
James L. «tisecarver
203 Ilufllick Road
A [)JOLVIiVC 01 ViVLWS
Ralph L. Beaver& Kathleen 1-1. Beaver
135 Bulllick Road
Ralph L. Beaver Kathleen hl. Beaver
135 Ilutllick Road
A CROSS IJUPPLICK ROAD
John A. Pearson Donna T. Pearson
192 Bulllick Road
John M. Onidorff
399 Windsor Lane
John M. Omdoiff
399 Windsor Lane
John M. OmdorIf
399 Windsor Lane
William J. Frederick
160 Bulllick Road
Page 4of16
Parcel 1 6411-0 V)-8,4
Zone /Use
RA
RA
RA
RA Airlxort
RA
ItA
RA Airport
RA
RA/
Auction'Varchouse
RA
11A
RA
RA
RA
Rezoning Impact Aiuijs tement
Parcel If
64B- ((A))-68
64B- ((A)) -69
64B- ((A)) -70
Owner Nunes /Address
Lily M. Ashby
154 Bulllick Road
Lily M. Ashby
154 Bulllick Road
Milford J. Mathison
3920 Northwestern Pike
6413- ((A)) -71 Donald M. Bowen Arlene C. Bowen
2535 Idockman Avenue
C. Traffic
PAST
Traffic Data From Virginia Department of Transportation
(2000) Route 522 Between Route 50 and Papermill Road
14,000 TPD
(1999) Route 776 between Airport and Route 522
490 TPD
(2000) Route 645 between Route 728 and Route .522
2,000 TPD
Rige 5 16
ACROSS 1311FFLICK ROAD (Continued)
Parcel ID 6413- ((N1-33
Zone /Use
RA
RA
RA
RA Body Shop
All adjoining properties ate identified in the 2000 Comprehensive Policy Plan for Frederick County,
Virginia, as proposed Business /Office (as shown on the Route 50 East Corridor Future Land Use Map).
PRESENT
The parcel is less than one mile from the intersection of Route 50 and Route 522. This intersection is near
the Route 50 Interchange with Interstate Route 81 with its frontage on Route 776 Bulllick Road being 500'
from the intersection with Route 522. Route 776 Bulllick Road is classified as a local road in the 2000
County Comprehensive Policy Plan (CPP) for Frederick County, Virginia.
FUTURE
The Eastern Road Plan Map in the 2000 County Comprehensive Policy Plan (CPP) of Frederick County,
Virginia, shows a new major collector road crossing Route 522 near the intersection of Route 776. This
new major collector continues northeast from Route 522 passing near the northwest comer of this parcel
and continues to a new intersection with Route 50.
The future traffic impacts for this proposed commercial development, have been estimated using the ITE
Trip Generation Manual, Sixth Edition c the category of Mini-Warehouse for the B -2 portion of the
Rezoning, and the category of General Office for the 13-1 portion
RezoninwImpact Anal)' ateunent
Based on the attached preliminary sketch plan, them will be a maximum of:
20,000 square feet max potential building arca of 13 -1
150,000 square feet max potential building area of 13 -2
Using the information from the ITIZ Manual
B -1
20,000 x 1 1.01 /1000 220
20,000 x 1.56 /1000 31
20,000 x 1.49 /1000 30
20,000 x 2.37/1000 47
20,000 x 0.98/1000 20
B -2 150,000 x 2.50/1000 375
150,000 x 0.28/1000 42
150,000 x 0.29/1000 ='14
150,000 x 2.33/1000 345
150,000 x 1.78 /1000 267
Average Vehicle trips Weekday
Average Vehicle (lips AM Peak Hr.
Avenge Vehicle trips PM Peak I -Ir.
Average Vehicle trips Saturday
Average Vehicle (rips Sunday
Average Vehicle trips Weekday
Average Vehicle trips AM Peak Hr.
Average Vehicle nips PM Peak Hr.
Average Vehicle trips Saturday
Average Vehicle nips Sunday
I'.viccl /l) 6 V13-((W 88
The generation of 595 trips per day from 150,000 sq. fl. of mini warehouse and 20,000 sq. ft. of general
office space would have a significant impact on traffic along Route 776 Bufllick Road. hnprovcutcnt ol'
road infrastructure upon development of this parcel would be necessary. Improvements will include
pavement widening and taper, commercial entrance to site, and light -of -way dedication as shown 00
attached sketch plan and must meet. the requirements and approsal of the Virginia Department of
Transportation and Frederick County Zoning.
Potential Impact from high traffic uses allowed in the 13 -2 zone:
Average Vehicle Trips Weekday
Lumber Store
Discount Superstore
Retail Center
D. Sewage Conveyance and Treatment
E. Water Supply
150,000 x 40.67 1000 6100
150,000 x 46.96 1000 7011
150,000 x 39.71 1000 5956
Sewage from this parcel will be treated at the Opequon AValer Reclamation Facility
An 8" Main is located through the north portion of the parcel and a 12" main is located along the
south and cast boundary Tines (see Exhibit. 115).
Sewage (lows for mini warehouse site are dependent on if there is onsite management Tbc
estimated amount for the 150,000 sq. fi. 13-2 area is 500 GPD. The estimated amount for die 20,000 sq. It
13 area is 6,000 GPD. I- Ience, a combined total of 6,500 GPI) is estimated.
A 16' water main cur-enuly serves this site. Water is provided by F.C.S.A.
J'age 6of16
Rezoning Impact Analls
F. Drainage
Run" 11) 6. 16- a.-11I -,JS
Three natural swales cant' tic nmoff from this parcel. 'They eventually Ilow to Sulphur Spring Itun.
Stone water management will be required if this parcel is developed. During the site plan In<<eess
the stone water management will be designed as required by Frederick County code and approved by the
Frederick County Public Works Department.
G. Solid Waste Disposal Facility
The Frederick County Landfill is the nearest solid waste facility. It is approximately three miles northeast of
this parcel. The amount of solid waste generated by the developed parcel has a maximum potential
estimated at 200 pounds per day.
11. Historical Site and Structure
There are no known historical sites or structures as listed on die Virginia Landmarks Register and the
National Register. No major battlefield or fortification /entrenchment exist. on this parcel as represented on
the Civil Battlefields Sitcs Map included in the 2000 County Comprehensive Policy Plan (CPP) for
Frederick County, Virginia.
I. Impact of Community Facilities
Education
No impact. expected
Police Protection
Minimal impact (Provided by Frederick County Shenll's Department)
Fire Rescue Protection
Minimal impact (New Millwood Fire Stations is within two miles of this parcel)
Parks Recreation
No impact expected
Solid Waste Disposal
Minimal impact
Other Impact
No other significant impacts expected.
Page 7 of 15
Rezoning Impact An "talenient
Page 80!16
P.acel ID 4' 64B -((W38
TM 640- ((A)) -JJA
MARJORIE G. BEAVER
INST./030000667
IRF OFFLINE 0.20
TM 648- ((A)) -JJ
RALPH L. BEAVER
KATHLEEN H. BEAVER
DB 406 PG 318
IRF ORLINE
BRICK POST
0 17.06'
TM 648 -((A)) -338
RALPH L. BEAVER
KATHLEEN H. BEAVER
08 404 PB 623
LEGEND:
IRF IRON REBAR FOUND
IRS IRON REBAR SET
36' OAK
7RLE
w
ct
O
1
H
±500' TO IN7X.
U.S. RTE 11
1Af 64 ((A)) -88
IVINCIIESIER REGIONAL AIRPORT A7J7/(OR111'
08 423 PG 30
00 440 PC 837
00 659 PG 175
5 61'11'45' E
n
0
552.92'
L EY 20' UTILITY (SAO
08 670 PG 504
/Rr OFFLINE 2.48' 2
4o
to
N
7M 646 ((A)) -38
RICHARD L. NICHOLSON, JR
7N5T./070013568
12.6607 ACRES
EX. 40' UTILITY MIT, r
08 670 PG 504
EX. OIIELLING
N 59'52'03 W
I
II
536.00'
RTE. 776 BUFTLICK 80A0
0
IRE
IRE
7M 640- ((A)) -40
N EONA S. ROSENBERGER
DO 283 PG 68
0
o IM 640- ((A)) -4/
N JAMES IVISECARVER
00 240 PG 347
1
(30' PRESCRIPTIVE 8/19 /85 0 /5.00'
1Al 64B- ((21)) -39
:00 200
501411 7 200'
NOTES:
I. NO TITLE REPORT FURNISHED. EASEMENT 0111ER OlAN SHOWN A!AY EVLSI.
2. NO PORTION OF THIS PROPERTY LIES 11'/7/1IN 7/IE 700 YEAR Ft000 ZONE 45 SHOWN ON
F.I.R.M. PANEL /570063- 01/5 -8, DA7ED JULY 77, 7975
BOUNDARY SURVEY PLAT
12.6607 ACRES
STANDING IN THE MAA/E OF
RICHARD L. NTC/TOLSON, JR.
SIIAKllEE IAAGISIERIAL DISTRICT, FREDERICK COON IY, VIRGINIA
DATE: JUNE II, 2003 I SCALE: I' 200' I FILE,: 03 -006
Foltz Land Surveying, I7lc.
PO. Pox 23 Stephens City. K,9;nle 22555
Phone 1: 510- 323 -1492 For 540 -866 -2963
eme;l: loll,GHevp7ni. can
SHEET
I
OF
Exhibit. H1 Bouudvy Survey
Rezonirg7nrpaa Analysis S(alenlent
36' OAK
]r,Ef 5 61'11'45 E
lCr
552.92'
10' 071(11)' CS
l.
CR 5 ;0 06 501 F---
m IRE OT ILIOOE 2.
v
TAI 6413-((A))-33A o e o
MARJORIE G. 8EA''R a
INST.1030000667 w 4)
n vl
o Ill 646- ((A)) -38
h o RICNARO L. NICHOLSON, JR.
Y
7N51)'010013568
12.6607 ACRES ART
IRF orruNE Old
TAI 648- ((A)) -33
RALPH L. BEAVER
KATHLEEN IL BEAVER
05 406 PG 378
IRE OITLIIJ£ IA9 Th
TM 648- ((A)) -J38
RALPH L BEAVER r:
KATHLEEN It BEAVER
0B 404 PB 623
BRICK POST
0 17.06'
±500' TO INIX.
U.S. THE 11
CEGENO:
IRE 15071 REBAR FOUND
IRS IRON REBAR 5E1
e 4.,P3) 1Y tL111c 2 DARRE11 S. EOLTZ
10. 2257
o s t f�
(6' 6 (01)) -88
ICINC/165161? 566(01 AARPOrl .IU1110/111)
('B 4 23 PC J0
08 440 PC 837
08 659 PC 175
Ia
6-2 10,113 AC. %I
5 61'45'05' E 540.
B -1 2.5473 AC.. .o
EX MOWS 9i
N 59'52'03' II' 536.00'
RAE. 776 BUTT ROAD
(30' PRESCRIPTIVE 5,41')
/6! 648 (0))_
TAI 648 ((A))
5. R05ENBEC(F
OB 283 PC 68
4)
6 40 711(/1)' ESA
3 CP 570 PG 504
l.
n
141 6417 (1Al) 4 1
rn „IA'.I(5 E Iv/sL y/ I'CR
CB 240 PC 347
i
IRS 15.00'
0 leo 7C0
VS0E 1 700'
NOTES:
1. NO TIRE REPORT FURNISHED. EASEMENTS 011(6/7 1/E01 5110 1.'7/ 0
2. NO PORTION OF IBIS PROPERTY LIES 11)111171 111E 1C0 )645 FLC01' ;.'NF 17 511071
ELR. A1. PANEL ,f510063-0115-0, 047E0 JOEY 77, 1978.
DATE, uAR01 I, 7004 SGnLE: I' ^0' I 777!: 03 -075
Foltz Land Surveying. Inc.
0.0. Po, 2J Slmhmr, QI1. /i &7 22155
P••ne 1: 5 -373 -1 (v I: 5 -1''9 -7
emo: l ell :C
I ;acct 11) N 64D- ((N) -38
190
PLAT .SII01f'IA'C AREAS 77) OE RE201.60
TAX PARCEL N 648 ((A)) 38 12.6607 ACRES
gl'ANOIPC IN THE F.I 716 01'
A.P.R. MINI STORAGE, L. I, C.
511n7.11EE mAGISTERIAL 01517101 IPECLer'_✓ 0007117, '.1981111/,
CI TEE I
Or
Page 9 of 16
Exhibit 172 Boundary Survey w/ Rezoning Acreage
Rezoning Impact Ma- tatement
Page 10o(16
s/
Parcel 11) M 6417- ((l)l -33
0
0
PRIVATE
ROAD
WINCHESTER
MUNICIPAL
AIRPORT
Exhibit 113 Flood Map
Rczonigq Lnpact Ana statement
Page 11 o[16
/arcs/ 11) d 6415-(01)-38
Exhibit M4 Soils Map
Page II of 16
Exhibit 115 FCSA Water Sewer Map
To be comple by Planning Staff
Fee Amount Paid
Zoning Amendment Number Date Received.
PC Hearing Date BOS Hearing Date
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:
Address: 127 Mr R Dt =.S CT.
14 NC, t1 5rtm VA 22 ('03
2. Property Owner (if different than above)
Name:
Address:
1 1
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA
A,PR. Mi -6F. L.LL Telephone:
(ADS 279/
Telephone:
3. Contact person if other than above
Name: DA J E O L Z Telephone: 54-0 23 1417
4. Checklist: Check the following items that have been included with this application.
Location map Agency Comments
Plat Fees
Deed to property Impact Analysis Statement
Verification of taxes paid Proffer Statement
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:
2/ 05 P
6. A) Current Use of the Property: VAC=ANT AI C U L liR.A i_
B) Proposed Use of the Property: O r:0E_4AL ori'ICl /ht i 5 TOZA C7C
7. Adjoining Property:
PARCEL ID NUMBER ILSE ZONING
(if-t 13 C(A 3 i Z r S i (Y`JJ i A L 'fc
6,Lt(_3 -«IA)) gSi DENi)AL 2 A-
coy6 t 14') A-i CA-
toil 13 (i A)) 90 .F5. 1,4
tole -a A)) `ti P aSiD�r i rir1L (2A-
if C( A OS A-, I•'_ i ;2r 1<Pr-
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):
NIX:LT1i- s Dc Di= Rrt=. 7 7b AecL'r 5co
of nt G- I f✓ i ea- LXCa Uhl LO/ �TE 522.
12
Acres
Current Zoning
Zoning Requested
2.5t13
R A
8 -I
10. 03
gm-
13 2
Total acreage to be rezoned
Dis,kista
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 conceming the specifics of the proposed use. Otherwise, the
planning staff will use the maximum possible density or intensity scenario for the proposed Zoning
District as described on Page 9 of the application package.
9. Parcel Identification/Location: Parcel Identification Number (v41 Q'A)) 3d
Magisterial: S itA JNE r High School:
Fire Service: Middle School:
Rescue Service: Elementary School:
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:
Number of Units Proposed
Single Fancily homes: Townhome: Multi Family:
Non Residential Lots: Mobile Home: Hotel Rooms:
Office: 33 '2.8S
Retail:
Restaurant:
e
13
Service Station:
Manufacturing:
Warehouse: L2 t L U 32-
Other:
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. 1 (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):
Date: 4/
l'
14
Date:
Date: 9 I '9 -47:
Date:
11
Special Limited Power of Attorney
County of Frederick, Virginia
Frederick Planning Web Site: www.cn.frederick.va.us
Department of Planning Development, County of Frederick, Virginia,
107 North Kent Street, Winchester, Virginia 22601
Phone 540 -665 -5651 Facsimile 540- 665 -6395
Know All Men By Those Present: That 1 (We)
(Name) S j /1 rap (Phone) e63 979
L4',`,,CL t74 -t_z
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
(Address) J rLr7 4'1.'zvt.l�
Instrument No. (>3001 9 I q ort Pegc and is described as
Parcel: Secti Subdivision:
do hereby make, constitute and appoint:
(Name) I/ A fLR F Nl 5 F Ta TZ (Phone) .54:0 32 3 1 417
(Address).O. P'oX 1 STEptte iS C-tr1 VA- 2 SS
To act as my true and lawful attorney -in -fact for and in my (our) name, place, and stead with full power and
authority 1 (we) would have if acting personally to file planning applications for my (our) above described
Property, including:
Rezoning (including proffers)
Conditional Use Permits
Master Development Plan (Preliminary and Final)
Subdivision
Cl Site Plan
41.46- aA)) -3a
My attorney -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, I (we) have hereto set niy (our) hand and seal this tZ day of 7 200 1
Signature(s)
State of Virginia, City /County of �tALe 1� ,'I'o -wit:
I, Shannon 1 eennc,C
a Notary Public in and for the jurisdiction
aforesaid, certify that the person(s) who signed to the foregoing instrument personally ap�p ared before me
and has acknowledged the same before me in the jurisdiction aforesaid this /'ay of !'t, 200/
UJlloVpxcial 1 i miaJ POA..,J
My Commission Expires:
Impact An
TM 648- ((AJJ -33A
MARJORIE G. BEAVER
INST /030000667
IRF OFFUNE 0.70
TM 648 -((Af f -JJ
RALPH L. BEAVER
KATHLEEN H. BEAVER
DB 406 PG 318
IRF OFFLINE I.49' Th.
TM 648- ((AJ) -118
RALPH L. BEAVER
KATHLEEN H. BEAVER
DB 404 PB 623
BRICK POST
0 17.06'
s.
±500' TO INTX.
U.S. RTE. 11
LEGEND:
IRF IRON REBAR FOUND
IRS IRON REBAR SET
tatenient
36' OAK
TREE
xi
O
5 61'11'45' E
sI T'E
552.92
L EX. 20' urIuri csAlr.
DB 670 PG 504
VICIUIIY /AAR SCALE: I' 2000 9
IRF OFFLINE 2.48'
o
b y
F O
b h
b b
"a po TM 646- ((A)) -J8
RICHARD L. NICHOLSON, JR.
INST /0I00IJ568
2 12.6607 ACRES
7Af 64- (01E -88
IINCIIESTER REGIONAL AIRPORT AUTHORITY
06 473 PG JD
DB 440 PG 837
DB 659 PG 175
EX. 40' Ur/UTY ESAI4-1
08 670 PG 501
EX. DWELLING
a
N 59'520Y W 536.00'
RTE. 776 BUFTUCK ROAD
(JO' PRE5CRIPF6'E 8/14)
Page 8 of 16
I I
IRF
IRF
na..,r ...•r
TM 64B-PD-40
EONA 5. ROSENBERGER
06 283 PG 68
In
0
o TM 646- ((AD -41
h JAMES E. IVISECARVER
DB 240 PG J47
IRS 0 15.00'
0 100 200
TM 648- ((A)) -39
SCALE: r 700'
NOTES.
1. NO TITLE REPORT FURNISHED. EASEMENTS OILIER THAN S11011'N MAY EXIST
2. NO PORTION OF THIS PROPERTY LIES N'ITHM F/16 100 YEAR FL000 ZONE AS SHOWN ON
F.I.R.M. PANEL /510063 0115 -8, GATED JULY 17, 1978.
BOUNDARY SURVEY PLAT
12.6607 ACRES
STANDING IN TILE NAME OF
RICHARD L. NICHOLSON, JR.
SHAWNEE MAGISTERIAL DISTRICT. FREDERICK COUNTY, VIRGINIA
DATE: ,NNE 11, 2003 SCALE: 1 200' I PILE 03 -006
Foltz Land Surveying, Inc.
P.O Bar 23 Stephen, Cly. Y.glmo 22655
Phone I: 540-323 -1497 Fat I: 540- 669 -2963
email: Idly Or:spa1
Parcel ID 648- ((All.38
4
SI IEE T
1
OF
ea
Exhibit #1 Boundary Survey