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Home My WebLink AboutPCAgenda2022September71.Call to Order 2.Adoption of Agenda – Pursuant to established procedures, the Planning Commission should adopt the Agenda for the meeting. 3.Committee Reports 4.Citizen Comments 5.Public Hearings 5.A.Rezoning #06-22 of Tasker Warrior Properties, LLC - (Mr. Bishop) Submitted to rezone 8.5+/- acres from B2 (General Business) District with proffers to B2 (General Business) District with revised proffers. The proposed proffer amendment seeks to modify the proffered hours of operation and allow for the installation of a 24- hour ATM/ITM machine in conjunction with a by-right development of a financial institution/bank. The property is located at the southwestern corner of Warrior Drive and Tasker Road and is identified with Property Identification Number 75-A-104E in the Shawnee Magisterial District. 5.B.Ordinance Amendment - Short Term Lodging - (Mr. Pearson) The ordinance would amend Chapter 165 - Zoning Ordinance to add "short-term lodging (STL)" to the definitions section, provide additional regulations for short-term lodging, add the use as a permitted use to the RP (Residential Performance) and MH1 (Mobile Home Community) Zoning Districts, and add the use in the RA (Rural Areas) Zoning District as either (i) a permitted use in all of the RA Zoning District or (ii) as a permitted use in the RA Zoning District if the STL operation has direct access to a state-maintained road and as conditional use in the RA Zoning District if the STL operation does not have direct access to a state-maintained road (with respect to the RA Zoning District, the Board will consider both options). AGENDA PLANNING COMMISSION WEDNESDAY, SEPTEMBER 7, 2022 7:00 PM THE BOARD ROOM FREDERICK COUNTY ADMINISTRATION BUILDING WINCHESTER, VIRGINIA PC09-07-22REZ06-22_Redacted.pdf PC09-07-22OAShortTermLodging.pdf 1 6.Information/Discussion Items 6.A.Rezoning #05-22 Greystone Properties - (Mr. Bishop) This is a proposal to amend the proffer statement approved with REZ #02-21 (Greystone Properties, LLC Age-Restricted). The proposed amendment seeks to replace the current text defining age-restricted with the language to align with the federal guidelines governing age-restricted housing more closely. No other provisions in the approved proffer statement are proposed to be amended, and the use and density enabled on the 119.27-acre (RP) Residential Performance zoned subject properties (Back Creek District) remains unchanged. 6.B.VDOT District Planner - (Mr. Reed) VDOT District Planner Brad Reed will present on the State's approach to transportation planning and how it relates to the Planning Commission's business. 7.Other 7.A.Current Planning Applications 8.Adjourn PC09-07-22REZ05-22_Redacted.pdf 2 Planning Commission Agenda Item Detail Meeting Date: September 7, 2022 Agenda Section: Public Hearings Title: Rezoning #06-22 of Tasker Warrior Properties, LLC - (Mr. Bishop) Attachments: PC09-07-22REZ06-22_Redacted.pdf 3 REZONING APPLICATION #06-22 TASKER WARRIOR PROPTERIES LLC Staff Report for the Planning Commission Prepared: August 18, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/07/2022 Pending Board of Supervisors: 09/28/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/07/22 PLANNING COMMISSION MEETING: This is a proposal to amend the proffer statement approved with REZ #04-18 (Tasker Road & Warrior Drive Commercial Properties LLC). The proposed amendment seeks to modify the proffered hours of operation and allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by-right development of a financial institution/bank on the subject property. No other provisions in the previously approved proffer statement are proposed to be amended. The 8.5-acres subject property is zoned B2 (General Business) District and located in the Shawnee District. 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. 4 Rezoning #06-22 – Tasker Warrior Properties, LLC August 18, 2022 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may 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. PROPOSAL: The proposed rezoning (proffer amendment) seeks to modify the hours of operation approved with REZ #04-18 and to allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by-right development of a financial institution/bank on the 8.5-acre subject property. LOCATION: The subject property is located at the northwest corner of the intersection of Tasker Road and Warrior Drive. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-104E PROPERTY ZONING: B2 (General Business) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (General Business) Use: Vacant/Undeveloped South: RP (Residential Performance) Use: Open Space East: B2 (General Business) Use: Commercial West: RP (Residential Performance) Use: Residential/Open Space 5 Rezoning #06-22 – Tasker Warrior Properties, LLC August 18, 2022 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History On April 8, 1998, the Board of Supervisors approved Rezoning #002-98 which rezoned the subject property from the RP (Residential Performance) District to the B2 (General Business) District with proffers. On February 13, 2019, the Board of Supervisors approved REZ #04-18 which rezoned 20.24+/- acres from the B2 (General Business) District with proffers to the B2 (General Business) District with revised proffers and 0.62+/- acres of land zoned RP (Residential Performance) District with proffers to the RP (Residential Performance) District with revised proffers. REZ #04-18 restricted hours of operation for all land uses that are permitted within the B2 District portion of the property by requiring the businesses to be closed to the public from 11:00pm to 6:00am. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comprehensive Plan Land Use Compatibility The 2040 Comprehensive Plan and the Southern Frederick Land Use Plan (SoFred) designate the subject property as part of the “Tasker/Warrior Neighborhood Village.” The property is also within the limits of the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The area plans states that within this “neighborhood village” is a small-scale commercial area is sensitive to the existing residential character of the area, in particular the scale of the adjacent neighborhoods, yet seeks to build upon the existing commercial character of this intersection. The commercial land uses shall be of a general scale and context similar to projects such as Creekside. The existing B2 (General Business) District zoning is consistent with the Plan. The proposed rezoning (proffer amendment) while altering the hours of operation for financial institutions/banks does not change the zoning district or land uses and as such is in conformance with the Comprehensive Plan. 6 Rezoning #06-22 – Tasker Warrior Properties, LLC August 18, 2022 Page 4 3) Access & Transportation The proposed rezoning (proffer amendment) does not propose amendments to proffers pertaining to transportation and site access with the previously approved REZ #04-18. As noted in the included Impact Analysis Statement, the proposal to alter the hours of operation, specific only to banks/financial institutions, will not result in any measurable change to trip generation/traffic. 4) Potential Impacts Proffers The proposed rezoning (proffer amendment) seeks to allow for the installation of a 24-hour ATM/ITM machine in conjunction with a by-right development of a financial institution/bank on the subject properties. No other provisions in the previously approved proffer statement are proposed to be amended. County of Frederick Attorney: Please see attached email from Roderick B. Williams, County Attorney dated July 28, 2022. 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. 7 75 A 104E 230SPANISHOAK RD 228SPANISHOAK RD 226SPANISHOAK RD 101BRIDGEWATER DR 640WARRIOR DR 640WARRIOR DR 152CEDARMOUNTAIN DR 153BLACKBURNSFORD 151BLACKBURNS FORD 101DEEPBOTTOM PL 102DEEPBOTTOM PL 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR640WARRIOR DR 150CEDARMOUNTAIN DR 147CEDARMOUNTAIN DR 103DEEPBOTTOM PL 227SPANISHOAK RD 229SPANISH OAK RD 231SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 148CEDARMOUNTAIN DR 143CEDARMOUNTAIN DR 105DEEPBOTTOM PL225SPANISH OAK RD 223SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 141CEDARMOUNTAIN DR 107DEEPBOTTOM PL 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 146CEDARMOUNTAIN DR 139CEDARMOUNTAIN DR 144CEDARMOUNTAIN DR 137CEDARMOUNTAIN DR 741WARRIOR DR 142CEDARMOUNTAIN DR 135CEDARMOUNTAIN DR 140CEDARMOUNTAIN DR 138CEDARMOUNTAIN DR 760WARRIOR DR 136CEDARMOUNTAIN DR 207SPANISHOAK RD 134CEDARMOUNTAIN DR 205SPANISHOAK RD 203SPANISH OAK RD 227LYNN DR 225LYNN DR 223LYNN DR 221LYNN DR 219LYNN DR 217LYNN DR 215LYNN DR 660WARRIOR DR 222LYNN DR224LYNN DR 220LYNN DR 218LYNN DR 216LYNN DR 214LYNN DR 115BAYBERRY CT 115BAYBERRY CT 208LYNN DR 206LYNN DR 202LYNN DR 109BAYBERRY CT 107BAYBERRY CT 200LYNN DR 121BAYBERRY CT 102BAYBERRY CT 100BAYBERRY CT 117SPANISH OAK RD 119SPANISHOAK RD 114BAYBERRY CT 110BAYBERRY CT 112BAYBERRY CT 108BAYBERRY CT 106BAYBERRY CT 115SPANISH OAK RD 122BAYBERRY CT 118BAYBERRY CT 116BAYBERRY CT 113SPANISHOAK RD 1340MACEDONIACH RD 109SPANISHOAK RD111SPANISHOAK RD 114QUEENSWAY 1275TASKER RD 112QUEENSWAY SPANISHOAK RD BLACKBURNSFORD DR BAYBERRY CT CEDAR MOUNTAIN DRLYNN DRTASKER RD WARRIOR DRApplication Parcels Sewer and Water Service A rea µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 16, 2022 TASKER RD WARRIOR DRA L B I N D RAYLOR RDLY N N D R BRIDGEWATER DR T A L A M O R E D R CEDAR MOUNTAIN DR COOL SPRING DRVILLAGE LNOWENS LNU P P E R V I L L E D R MACEDONIA CHURCH RD SADI CTA P P O M A T T O X D R SHUMARD CT LINE DR 0 240 480120 Feet REZ # 06 - 22: Tasker Warrior Properties, LLCPIN: 75 - A - 104EProffer AmendmentLocation Map REZ #06-22 8 75 A 104E 230SPANISHOAK RD 228SPANISHOAK RD 226SPANISHOAK RD 101BRIDGEWATER DR 640WARRIOR DR 640WARRIOR DR 152CEDARMOUNTAIN DR 153BLACKBURNSFORD 151BLACKBURNS FORD 101DEEPBOTTOM PL 102DEEPBOTTOM PL 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR640WARRIOR DR 150CEDARMOUNTAIN DR 147CEDARMOUNTAIN DR 103DEEPBOTTOM PL 227SPANISHOAK RD 229SPANISH OAK RD 231SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 148CEDARMOUNTAIN DR 143CEDARMOUNTAIN DR 105DEEPBOTTOM PL225SPANISH OAK RD 223SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 141CEDARMOUNTAIN DR 107DEEPBOTTOM PL 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 146CEDARMOUNTAIN DR 139CEDARMOUNTAIN DR 144CEDARMOUNTAIN DR 137CEDARMOUNTAIN DR 741WARRIOR DR 142CEDARMOUNTAIN DR 135CEDARMOUNTAIN DR 140CEDARMOUNTAIN DR 138CEDARMOUNTAIN DR 760WARRIOR DR 136CEDARMOUNTAIN DR 207SPANISHOAK RD 134CEDARMOUNTAIN DR 205SPANISHOAK RD 203SPANISH OAK RD 227LYNN DR 225LYNN DR 223LYNN DR 221LYNN DR 219LYNN DR 217LYNN DR 215LYNN DR 660WARRIOR DR 222LYNN DR224LYNN DR 220LYNN DR 218LYNN DR 216LYNN DR 214LYNN DR 115BAYBERRY CT 115BAYBERRY CT 208LYNN DR 206LYNN DR 202LYNN DR 109BAYBERRY CT 107BAYBERRY CT 200LYNN DR 121BAYBERRY CT 102BAYBERRY CT 100BAYBERRY CT 117SPANISH OAK RD 119SPANISHOAK RD 114BAYBERRY CT 110BAYBERRY CT 112BAYBERRY CT 108BAYBERRY CT 106BAYBERRY CT 115SPANISH OAK RD 122BAYBERRY CT 118BAYBERRY CT 116BAYBERRY CT 113SPANISHOAK RD 1340MACEDONIACH RD 109SPANISHOAK RD111SPANISHOAK RD 114QUEENSWAY 1275TASKER RD 112QUEENSWAY SPANISHOAK RD BLACKBURNSFORD DR BAYBERRY CT CEDAR MOUNTAIN DRLYNN DRTASKER RD WARRIOR DRApplication Parcels Sewer and Water Service A rea B2 (General Business District) RP (Residential P erform ance District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 16, 2022 TASKER RD WARRIOR DRA L B I N D RAYLOR RDLY N N D R BRIDGEWATER DR T A L A M O R E D R CEDAR MOUNTAIN DR COOL SPRING DRVILLAGE LNOWENS LNU P P E R V I L L E D R MACEDONIA CHURCH RD SADI CTA P P O M A T T O X D R SHUMARD CT LINE DR 0 240 480120 Feet REZ # 06 - 22: Tasker Warrior Properties, LLCPIN: 75 - A - 104EProffer AmendmentZoning Map REZ #06-22 9 75 A 104E 230SPANISHOAK RD 228SPANISHOAK RD 226SPANISHOAK RD 101BRIDGEWATER DR 640WARRIOR DR 640WARRIOR DR 152CEDARMOUNTAIN DR 153BLACKBURNSFORD 151BLACKBURNS FORD 101DEEPBOTTOM PL 102DEEPBOTTOM PL 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR640WARRIOR DR 150CEDARMOUNTAIN DR 147CEDARMOUNTAIN DR 103DEEPBOTTOM PL 227SPANISHOAK RD 229SPANISH OAK RD 231SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 148CEDARMOUNTAIN DR 143CEDARMOUNTAIN DR 105DEEPBOTTOM PL225SPANISH OAK RD 223SPANISHOAK RD 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 141CEDARMOUNTAIN DR 107DEEPBOTTOM PL 640WARRIOR DR 640WARRIOR DR 640WARRIOR DR 146CEDARMOUNTAIN DR 139CEDARMOUNTAIN DR 144CEDARMOUNTAIN DR 137CEDARMOUNTAIN DR 741WARRIOR DR 142CEDARMOUNTAIN DR 135CEDARMOUNTAIN DR 140CEDARMOUNTAIN DR 138CEDARMOUNTAIN DR 760WARRIOR DR 136CEDARMOUNTAIN DR 207SPANISHOAK RD 134CEDARMOUNTAIN DR 205SPANISHOAK RD 203SPANISH OAK RD 227LYNN DR 225LYNN DR 223LYNN DR 221LYNN DR 219LYNN DR 217LYNN DR 215LYNN DR 660WARRIOR DR 222LYNN DR224LYNN DR 220LYNN DR 218LYNN DR 216LYNN DR 214LYNN DR 115BAYBERRY CT 115BAYBERRY CT 208LYNN DR 206LYNN DR 202LYNN DR 109BAYBERRY CT 107BAYBERRY CT 200LYNN DR 121BAYBERRY CT 102BAYBERRY CT 100BAYBERRY CT 117SPANISH OAK RD 119SPANISHOAK RD 114BAYBERRY CT 110BAYBERRY CT 112BAYBERRY CT 108BAYBERRY CT 106BAYBERRY CT 115SPANISH OAK RD 122BAYBERRY CT 118BAYBERRY CT 116BAYBERRY CT 113SPANISHOAK RD 1340MACEDONIACH RD 109SPANISHOAK RD111SPANISHOAK RD 114QUEENSWAY 1275TASKER RD 112QUEENSWAY SPANISHOAK RD BLACKBURNSFORD DR BAYBERRY CT CEDAR MOUNTAIN DRLYNN DRTASKER RD WARRIOR DRApplication Parcels Sewer and Water Service A rea Long R ange Land Use Neighborhood Village Residential, 4 u/a µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 16, 2022 TASKER RD WARRIOR DRA L B I N D RAYLOR RDLY N N D R BRIDGEWATER DR T A L A M O R E D R CEDAR MOUNTAIN DR COOL SPRING DRVILLAGE LNOWENS LNU P P E R V I L L E D R MACEDONIA CHURCH RD SADI CTA P P O M A T T O X D R SHUMARD CT LINE DR 0 240 480120 Feet REZ # 06 - 22: Tasker Warrior Properties, LLCPIN: 75 - A - 104EProffer AmendmentLong Range Land Use Map REZ #06-22 10 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCEL 75-A-104E PROFFER STATEMENT REZONING: PROPERTY: RZ# B-2, Business General District with Proffers to B-2, Business General District with Revised Proffers Tax Parcel 75-A-104E; 8.5 acres (here-in after the “Property”) RECORD OTHER: Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Tasker Warrior Properties, LLC (here-in after “Owner”) PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5, 2022 August 10,2022 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application # for Tax Parcel 75-A- 104E (15.79a acres zoned B2, Business General District) to establish 20.86+ acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the 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 Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. 11 The Property is identified as Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owner proffers to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf Courses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours of Operation The Owner proffers to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM. ATM/ITM machine as an accessory use to a financial institution/bank shall be allowed unrestricted 24-hours a day, 7 days a week. Additionally, the Owner proffers to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property from 11:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. 12 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Acknowledged and accepted this day of , 2022. By: __________________________ ____________________________ Signature Title For: _________________________________________________________ Company Name ( )_____________________ Phone Number 13 TASKER ROAD AND WARRIOR DRIVE COMMERCIAL TAX PARCELS 75-A-104 & 75-A-104E PROFFER STATEMENT REZONING: PROPERTY: RZ# B-2, Business General District and RP, Residential Performance District with Proffers to B-2, Business General District and RP, Residential Performance District with Revised Proffers Tax Parcels 75-A-104; 5.07s acres and 75-A-104E; 8.515.79a acres (here-in after the “Property”) RECORD OTHER: Bowman-Shoemaker Companies, Inc. (Tax Parcel 75-A-104) Tasker Warrior Properties, LLC (Tax Parcel 75-A-104E) APPLICANT: Bowman-Shoemaker Companies, Inc. and Tasker Warrior Properties, LLC (here-in after “Owners”) PROJECT NAME: Tasker Road and Warrior Road Commercial Conditional Zoning Amendment ORIGINAL DATE OF PROFFERS: April 8, 1998 REVISION DATE: January 18, 2019 May 5, 2022 August 10,2022 Preliminary Matters Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve conditional zoning amendments pertaining to Rezoning Application #002-98 for Tax Parcel 75-A-104 (4.45a acres zoned B2, Business General District and 0.62+ acres zoned RP, Residential Performance District) and Tax Parcel 75-A- 104E (15.79a acres zoned B2, Business General District) to establish 20.86+ acres of B2, Business General District and RP, Residential Performance District with revised proffers; development of the 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 Owner and such be approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. 14 The Property is identified as Tax Map Parcel 75-A-104, owned by Bowman-Shoemaker Companies, Inc., recorded as Deed Book 634 Page 499 (Jasbo, Inc. Certificate of Change of Name to Bowman-Shoemaker Companies, Inc. by Instrument Number 070017367) and Tax Map Parcel 75-A-104E, owned by Tasker Warrior Properties, LLC, recorded as Instrument Number 160004426. PROFFER STATEMENT A. Prohibited Land Uses The Owners proffers to prohibit the following land uses that are permitted within the B-2, Business General District portion of the Property from being developed: Land Use Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed) Hotels and Motels Car Washes Golf Driving Ranges/Miniature Golf Courses Commercial Batting Cages Operated Outdoors Membership Organizations Civic, Social and Fraternal Organizations Funeral Service and Crematories Drive-in Theaters Adult Retail Uses B. Restricted Hours of Operation The Owners proffers to restrict hours of operation for land uses that are permitted within the B-2, Business General District portion of the Property by requiring the businesses to be closed to the public from 11:00 PM to 6:00 AM. ATM/ITM machine as an accessory use to a financial institution/bank shall be allowed unrestricted 24- hours a day, 7 days a week. Additionally, the Owners proffers to prohibit deliveries to all land uses that are permitted within the B-2, Business General District portion of the Property from 11:00 PM to 6:00 AM. C Property Development Requirements The Applicant hereby proffers to provide a monetary contribution of $0.10 per developed building square foot for County Fire and Rescue services. The monetary contribution shall be made payable to Frederick County at the time of issuance of the Certificate of Occupancy Permit for any primary structure constructed on the Property. 15 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: Acknowledged and accepted this day of , 2022. By: __________________________ ____________________________ Signature Title For: _________________________________________________________ Company Name ( )_____________________ Phone Number 16 Tasker Road and Warrior Drive Commercial Property August 2022 Rezoning Proffer Amendment II IMPACT ANALYSIS 17 Tasker Road and Warrior Drive Commercial Property August 2022 Rezoning Proffer Amendment INTRODUCTION AND JUSTIFICATION The +/- 8.5-acre Property fronting Warrior Drive, identified as tax map parcel 75-A-104E, was rezoned with proffers with the Frederick County Board of Supervisors approval of RZ # 02-98. The proffers to the original rezoning were amended with the approval of RZ # 04- 18. This application seeks to allow for the installation of an ATM/ITM machine in conjunction with a by right development of a financial institution/bank on the subject property. Under the existing proffers this common and typical machine would not be allowed due to its 24-hour accessibility. This proffer amendment seeks to only allow for the placement of an ATM/ITM for the use and access of the financial institution’s customers. An exception to the restriction requiring businesses to be closed between the hours of 11 PM to 6 AM is warranted in the case of a bank providing 24 hour access to an ATM/ITM machine. No other amendments are proposed with the application. The applicant is confident that the proposed rezoning proffer amendment is consistent with the land use policies of the Comprehensive Policy Plan, the land uses intended under the previously approved rezoning applications, and will not result in negative net impacts. COMPREHENSIVE PLAN / LAND USE /ACCESS AND TRANSPORTATION / SITE SUITABILITY / SEWAGE CONVEYANCE AND WATER SUPPLY / HISTORIC SITES AND STRUCTURES / IMPACT ON COMMUNITY FACILITIES The proposed proffer amendment does not impact this group of rezoning application evaluation and assessment categories. The current application will not add or decrease land use that will result in any measurable change in the justifications and calculations utilized in evaluating and approving the previous rezoning applications on the subject property 18 Page 12 To be completed by Planning Staff: Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. 19 Page 13 4.Project Name (if any): 5.Property Information: a.Property Identification Number(s): b.Total acreage of the parcel(s): c.Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d.Current zoning designation(s) and acreage(s) in each designation: e.Proposed zoning designation(s) and acreage(s) in each designation: f.Magisterial District(s): g.Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): h.Adjoining Properties: Parcel ID Number Use Zoning Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. 20 Page 14 6.Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. 7.Checklist. Please check that the following items have been included with this application: □Location Map □Plat Depicting Metes/Bounds of Proposed Zoning □Impact Analysis Statement □Proffer Statement (if any) □Agency Comments □Fee □Copies of Deed(s) to Property(ies) □Tax Payment Verification □Digital copies (pdf’s) of all submitted items 21 22 16 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County Administrative Building, 107 North Kent Street. Name and Property Identification Number Address Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # ADJOINING PROPERTY OWNERS 23 17 Name and Property Identification Number Address Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # Name Property # 24 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail rwillia@fcva.us July 28, 2022 VIA EMAIL Mr. David Frank Pennoni Associates Inc. 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Rezoning Application – Tasker Warrior Properties, LLC – Tax Parcel Number 75-A-104E (“Subject Property”) – Proffer Statement revised May 5, 2022 (“Proffer Statement”) Dear Mr. Frank: You have submitted to Frederick County for review the Proffer Statement, received by my office on July 26, 2022, for the proposed rezoning of the Subject Property, 8.5± acres in the Shawnee Magisterial District, from the B2 (General Business) District, with proffers, to the B2 (General Business) District, with revised proffers. I have now reviewed the Proffer Statement and it is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comment:  Preliminary Matters – To avoid any ambiguity, the reference to Rezoning Application #002-98 should be left blank, to allow insertion of the current rezoning application number. Likewise, the reference to the parcel number should be revised to show only parcel number 75-A-104E, as the Proffer Statement does not otherwise purport to amend the proffers applicable to those parcels that were part of the previous 1998 and 2019 rezonings. 25 Mr. David Frank July 28, 2022 Page 2 I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Wyatt Pearson, Director, Planning & Development, Frederick County (via email) Tyler Klein, Senior Planner, Planning & Development, Frederick County (via email) 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Planning Commission Agenda Item Detail Meeting Date: September 7, 2022 Agenda Section: Public Hearings Title: Ordinance Amendment - Short Term Lodging - (Mr. Pearson) Attachments: PC09-07-22OAShortTermLodging.pdf 64 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 Fax: 540/ 665-6395 MEMORANDUM TO: Frederick County Planning Commission FROM: M. Tyler Klein, AICP, Senior Planner SUBJECT: Ordinance Amendment – Short-Term Lodging DATE: August 18, 2022 Proposal: This is a proposed amendment to Chapter 165 – Zoning to add “short-term lodging (STL)” to the definitions section, provide additional regulations for short-term lodging and add the use to the RA (Rural Areas), RP (Residential Performance) and MH1 (Mobile Home Community) Zoning Districts. The use would also be permitted in the R4 (Residential Planned Community) and R5 (Residential Recreation Community) Districts which follow the permitted uses specified in the RP District. As proposed, STL would be permitted in all residential dwelling types (single-family detached, townhomes, apartments, duplexes, mobile homes, etc.). Non-residential dwellings, such as tents, recreational vehicles/campers, and other structures that do not meet the building code definition of “dwelling” would otherwise be prohibited from being used as short- term lodging units. Following the Board of Supervisors discussion on August 10, 2022, two (2) scenarios, outlined below, were sent forward for public hearing. Scenario A: Short-term lodging would be allowed by-right for single-family detached (SFD) residences is the RA (Rural Areas), RP (Residential Performance), and MH1 (Mobile Home Community) Zoning Districts. STL operators would only need to have an approved STL administrative permit and valid business license. No additional regulations are proposed to address access from private driveways under this proposal. Scenario B: Short-term lodging would be allowed by-right for SFD residences in the RP, and MH1 Zoning Districts. Short -term lodging would be allowed by-right in the RA District only where access to the property is provided directly from a state roadway; short-term lodging would be allowed through an approved conditional use permit (CUP) for properties where access is provided from a private driveway. CUP’s require public notification and public hearings. Staff notes that regarding regulation of “access,” other comparable Rural Areas (RA) uses in the Zoning Ordinance do not specify additional regulations as it pertains to access from public or private roadways. These uses include home occupations, cottage occupations, public garages, country general stores and landscape contracting businesses. Special event facilities, allowed by conditional use permit (CUP) in the RA District, is the only RA use with additional regulations that require the owner/operator to provide documentation of the right to use private driveways or, to obtain signatures of consent from property owners who share an interest in the private driveway. STL is not anticipated to generate high volumes of traffic, the trips generated are off-peak trips, and traffic generation for STL tends to be less than other residential uses. 65 Planning Commission Public Hearing OA – Short-Term Lodging August 18, 2022 Page 2 Current Zoning Ordinance Summary: The Zoning Ordinance does not presently include a specific use or regulations for short-term lodging. Similar uses such as “rooming house/boarding house” and “bed and breakfast” are already included in the ordinance (allowed as conditional uses in certain districts). However, these other lodging type uses are defined in such a manner that they would be prohibitive for permitting and regulating short-term lodging operations. Meetings Summary: The Board of Supervisors held a work session with Planning and Development department staff on January 12, 2022, to discuss an ordinance amendment to regulate short-term lodging (STL). Staff noted in this presentation that there are more than 25 existing short-term lodging operations in Frederick County and at the time of the presentation no formal zoning violations had been filed. Following the presentation by staff and discussion, staff was directed by the Board to draft an ordinance to allow short-term lodging by-right through an administrative permit process with an appropriate fee. This proposal was subsequently discussed by the Development Review and Regulation Committee (March 25, 2022) and the Planning Commission (April 6, 2022) without comment. The Board of Supervisors discussed the proposed amendment on April 27, May 25, and August 10, 2022. The primary discussion among the Board was regarding access to short-term lodging operations from private driveways in the RA (Rural Areas) Zoning District. There was not consensus among the Board on how best to address the issue. Conclusion and Requested Action: The attached document shows the existing ordinance with the proposed changes as drafted by Staff for scenario A and scenario B. Staff is seeking a recommendation from the Planning Commission to forward to the Board of Supervisors on this proposed ordinance amendment, and whether Scenario A or Scenario B is appropriate. Staff is also seeking any comments to forward to the Board of Supervisors on the Planning Commissions preference for either Scenario A or Scenario B. MTK/pd Attachments: 1. Revised ordinance with additions shown in bold underlined italics. 2. Draft STL Permit Application 3. Short-Term Lodging – Existing Operators Map (as of August 2022) 66 Scenario A Revised June 27, 2022 Chapter 165 – Zoning Ordinance ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions §165-101.02 Definitions and word usage. SHORT-TERM LODGING Short-term lodging (STL) is any occupancy of all or part of a dwelling or mobile home for a period of 30 days or less. ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses §165-204.35 Short-Term Lodging Where permitted, short-term lodging shall meet the following requirements: A. The maximum number of lodgers per night shall not exceed 10 unrelated persons, except where Uniform Statewide Building Code permits only a fewer number of occupants. B. No more than five (5) guestrooms are permitted for short-term lodging. C. The maximum number of rental contracts for a short-term lodging dwelling unit per night is one (1). All lodgers occupying the short-term lodging dwelling unit must be associated with the same rental contract. D. A dwelling or manufactured home used for short-term lodging shall comply with the following standards: 1) Be available for inspection by the County during reasonable hours and in accordance with the Zoning Ordinance. Comply with the requirements of the applicable version of the Virginia Uniform Statewide Building Code or Virginia Manufactured Home Safety Regulations, as determined by the Building Official. 2) Have a working multi-purpose fire extinguisher, smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service). 3) Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for short-term lodging to the nearest exit from the dwelling or manufactured home. 67 Scenario A Revised June 27, 2022 4) Have at least two (2) designated off-street parking space available for lodgers, which the Operator has the authority to reserve for short-term lodging purposes. E. Special events, as defined in Part 101 of this Chapter, are prohibited in association with short- term lodging use. F. No short-term lodging activity shall take place on the property until the Department of Planning and Development has approved a short-term lodging administrative permit for the use and the Commissioner of the Revenue has approved a business license for the use. ARTICLE IV Agricultural and Residential Districts Part 401 RA Rural Areas District §165-401.02 Permitted Uses. OO. Short-Term Lodging ARTICLE IV Agricultural and Residential Districts Part 402 RP Residential Performance District §165-402.02 Permitted Uses. B. Structures and land shall be used for one of the following uses: 16. Short-Term Lodging 68 Scenario A Revised June 27, 2022 ARTICLE IV Agricultural and Residential Districts Part 403 MH1 Mobile Home Community District §165-403.02 Permitted uses. O. Short-Term Lodging 69 Scenario B Revised August 16, 2022 Chapter 165 – Zoning Ordinance ARTICLE I General Provisions; Amendments; and Conditional Use Permits Part 101 General Provisions §165-101.02 Definitions and word usage. SHORT-TERM LODGING Short-term lodging (STL) is any occupancy of all or part of a dwelling or mobile home for a period of 30 days or less. ARTICLE II Supplementary Use Regulations; Parking; Buffers; and Regulations for Specific Uses Part 204 Additional Regulations for Specific Uses §165-204.35 Short-Term Lodging Where permitted, short-term lodging shall meet the following requirements: A. The maximum number of lodgers per night shall not exceed 10 unrelated persons, except where Uniform Statewide Building Code permits only a fewer number of occupants. B. No more than five (5) guestrooms are permitted for short-term lodging. C. The maximum number of rental contracts for a short-term lodging dwelling unit per night is one (1). All lodgers occupying the short-term lodging dwelling unit must be associated with the same rental contract. D. A dwelling or manufactured home used for short-term lodging shall comply with the following standards: 1) Be available for inspection by the County during reasonable hours and in accordance with the Zoning Ordinance. Comply with the requirements of the applicable version of the Virginia Uniform Statewide Building Code or Virginia Manufactured Home Safety Regulations, as determined by the Building Official. 2) Have a working multi-purpose fire extinguisher, smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service). 3) Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for short-term lodging to the nearest exit from the dwelling or manufactured home. 70 Scenario B Revised August 16, 2022 4) Have at least two (2) designated off-street parking space available for lodgers, which the Operator has the authority to reserve for short-term lodging purposes. E. Special events, as defined in Part 101 of this Chapter, are prohibited in association with short- term lodging use. F. No short-term lodging activity shall take place on the property until the Department of Planning and Development has approved a short-term lodging administrative permit for the use and the Commissioner of the Revenue has approved a business license for the use. G. Short-term lodging operations, in the RA (Rural Areas) Zoning District, that share a private driveway with any other properties requires approval of a conditional use permit (CUP) ARTICLE IV Agricultural and Residential Districts Part 401 RA Rural Areas District §165-401.02 Permitted Uses. OO. Short-Term Lodging (only where access is directly provided from a public road) §165-401.03 Conditional Uses FF. Short-Term Lodging (only where access is directly provided from a shared private driveway) ARTICLE IV Agricultural and Residential Districts Part 402 RP Residential Performance District §165-402.02 Permitted Uses. B. Structures and land shall be used for one of the following uses: 16. Short-Term Lodging 71 Scenario B Revised August 16, 2022 ARTICLE IV Agricultural and Residential Districts Part 403 MH1 Mobile Home Community District §165-403.02 Permitted uses. O. Short-Term Lodging 72 Frederick County, VA Short-Term Lodging (STL) Permit Application Page 1 of 8 SUBMISSION REQUIREMENTS 1. APPLICATION FORM: The application (pages 2 through 5) should be complete with original signatures. 2. APPLICATION FEE: Application fee in the amount for $200 for permit for a two (2) year permit. Payment should be made in the form of a check payable to the “Treasurer of Frederick County” or electronic means through the Commissioner of Revenue. 3. SAFETY/EXIT PATHWAY PLAN: Please provide a copy of the plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for STL to the nearest exit from the dwelling or manufactured home. 4. REVIEW AGENCY COMMENTS: Comments/approvals from the Frederick County Building Official (Building Inspections Department), the Frederick County Fire Marshal, and the Virginia Department of Health (VDH, only required if property has a well and on-site sewage disposal system). 73 Revised June 28, 2022 Page 2 of 8 The following standards govern the establishment and operation of a short-term lodging (STL) use as an accessory use to the principal occupancy of a dwelling, pursuant to the Frederick County Zoning Ordinance: A dwelling or manufactured home used for STL shall comply with the following standards (pursuant to §165- 204.35): • Be available for inspection by the County during reasonable hours and in accordance with the Zoning Ordinance. Comply with the requirements of the applicable version of the Virginia Uniform Statewide Building Code or Virginia Manufactured Home Safety Regulations, as determined by the Building Official. • Have a working multi-purpose fire extinguisher, smoke detectors and carbon monoxide detectors (when required for a fireplace or gas service). • Have a plan posted inside the door of each sleeping room showing the exit pathway from the sleeping room used for STL to the nearest exit from the dwelling or manufactured home. (A copy of which shall be attached to this STL Permit Application). • Have at least two (2) designated off-street parking space available for lodgers, which the Operator has the authority to reserve for STL purposes. • The maximum number of lodgers per night may not exceed 10 unrelated persons, except where the Uniform Statewide Building Code requires fewer occupants. • The maximum number of rental contracts for a short-term lodging dwelling unit per night is one (1). All lodgers occupying a STL dwelling unit must be associated with the same rental contract. • Special events, including weddings, parties, banquets, fund raising, commercial or advertising activities, and any other gathering of persons other than the authorized lodgers, whether for direct or indirect compensation—are prohibited in association with any STL. Aa STL Operator must: • Obtain written consent from the owner of the property for the STL use if the STL Operator is not the owner of the real property that will be used for short-term lodging. • Be responsible for determining whether any regulations, prohibitions, and covenants applicable to the dwelling or manufactured home prohibit STL. • Designate at least one (1) person who consents to serve as a Local Emergency Contact by the Owner to accept service of any legal papers relating to the STL use for the STL operator. • Maintain a guest log including the name, address, and telephone number of all overnight lodgers. The guest log must be made available upon request to any County employee or agent tasked with enforcing the Zoning Ordinance or other applicable part of the County Code. • Remain in compliance with the Commissioner of the Revenue regarding Business License, Business Equipment, and the Transient Occupancy Tax (TOT) collection and remittance. The Zoning Administrator’s issuance of a permit does not abrogate, nullify, or invalidate any other provision of federal, state, or local law; any restrictive covenant; or any property owners’ association by-law. I acknowledge and understand the above requirements. Failure to follow any of the above standards may result in the revocation of my permit and/or penalties. __________________________________________________________________________________________________ Signature of STL Operator Date 74 Revised June 28, 2022 Page 3 of 8 SHORT-TERM LODGER OPERATOR STL Operator Name: Street Address of STR: Unit: City: Zip Code: PIN #: Zoning District: Magisterial District: Operator Phone Number: Email: OWNER OF THE PROPERTY (if different from the Operator) Property Owner Name: Street Address: State: City: Zip Code: Owner Phone Number: Email: LOCAL EMERGENCY CONTACT (must be different from Operator and available to respond locally to emergencies) Local Authorized Agent Name: Street Address: State: Virginia City: Zip Code: Agent Phone Number: Email: OFF-STREET PARKING LOCATION: Please provide a statement in the box below identifying the location of at least two (2) designed off-street parking space available for lodgers, which you as the Operator have the authority to reserve for STL purposes. 75 Revised June 28, 2022 Page 4 of 8 EMERGENCY CONTACT CERTIFICATION I certify that I understand the responsibilities of the Local Emergency Contact for the short-term lodging operation and consent to perform the duties outlined on in this Permit Application, in conformance with the Zoning Ordinance. __________________________________________________________________________________________________________ Signature of Local Authorized Agent Date SHORT-TERM RENTAL OWNER CERTIFICATION I certify that I am the owner of the property identified on this application and I consent to the use of the property for short-term lodging, as will be operated by the applicant identified herein. I acknowledge that any violation related to the short-term rental is deemed to be a violation by both the Operator and the Owner. __________________________________________________________________________________________________________ Signature of Property Owner Date SHORT-TERM RENTAL OPERATOR CERTIFICATION As an OPERATOR, my signature on this form certifies that I understand the requirements of the Short-Term Rental (STR) Permit, all information is true and accurate, and that I agree to the following: 1. To abide by the standards set forth in §165-204.35 and any other applicable requirements of the Zoning Ordinance and to any other applicable federal, state, and local laws and regulations, whether related to the building in which the use is conducted or to the use itself. 2. That the dwelling or manufactured home will be open for inspection by County personnel during reasonable hours; and 3. That I acknowledge that the application property may be located within an area that is subject to additional restrictions pursuant to covenants, bylaws, regulations, or other limitations imposed pursuant to the Property Owners’ Association Act, Condominium Act, or the Virginia Real Estate Cooperative Act. As such, I acknowledge that issuance of this Permit DOES NOT abrogate, nullify, override, or otherwise have any effect on the applicability of any such regulations, declarations, or limitations applicable to this property. Compliance with any such regulations, declarations, or limitations is the responsibility of the Operator/Owner. 4. To remain in compliance with the Commissioner of the Revenue regarding Business License, Business Equipment, and the Transient Occupancy Tax (TOT) collection and remittance. 5. That this permit expires, without notice at 11:59 P.M. on the last day of the period of validity and requires renewal every two (2) years. 6. That failure to abide by the regulations set forth in the Zoning Ordinance §165-204.35 may result in permit revocation. I certify that I understand the requirements of the Short-Term Lodging Permit and will comply with all standards set forth in the Zoning Ordinance and any other applicable regulation, limitation, or requirement. __________________________________________________________________________________________________________ Signature of STL Operator Date 76 Revised June 28, 2022 Page 5 of 8 FOR INTERNAL USE ONLY – To-Be-Completed by Planning and Development Department Staff Zoning Administrator Signature: Date of Approval of Short-Term Lodging (STL): *Include CUP application number, if applicable. Short-Term Lodging (STL) Permit Number: STL #: Period of Validity (Two-Years from Date of Approval) Fee: $200.00 Receipt Number: 77 Revised June 28, 2022 Page 6 of 8 FIRE MARSHAL COMMENT SHEET 78 Revised June 28, 2022 Page 7 of 8 BUILDING INSPECTIONS COMMENT SHEET 79 Revised June 28, 2022 Page 8 of 8 VIRGINIA DEPARTMENT OF HEALTH (VDH) COMMENT SHEET 80 ! ! !! ! ! !! ! ! !! ! ! ! ! ! !! ! ! ! ! £¤11 £¤50 £¤522 £¤522 £¤11 §¨¦81 §¨¦81 §¨¦66 ¬«55 ¬«259 ¬«127 ¬«7 ¬«37 Winchester Middletown Stephens City Short Term Lodging 0 3.5 71.75 Miles !Short Term Lodging Serviced by Private Streets !Short Term Lodging Serviced by Public Streets Future Rt 37 Bypass Private Streets in the RA Zoning District Streets City Boundary Map Produced by Frederick County Planning and Development Dept. August 2022 I ¬«277 81 Planning Commission Agenda Item Detail Meeting Date: September 7, 2022 Agenda Section: Information/Discussion Items Title: Rezoning #05-22 Greystone Properties - (Mr. Bishop) Attachments: PC09-07-22REZ05-22_Redacted.pdf 82 REZONING APPLICATION #05-22 GREYSTONE PROPERTIES LLC Staff Report for the Planning Commission Prepared: August 18, 2022 Staff Contacts: M. Tyler Klein, AICP, Senior Planner Reviewed Action Planning Commission: 09/07/2022 Pending Board of Supervisors: 09/14/2022 Pending EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 09/07/22 PLANNING COMMISSION MEETING: This is a proposal to amend the proffer statement approved with REZ #02-21 (Greystone Properties, LLC Age-Restricted). The proposed amendment seeks to replace the current text defining age-restricted with the language to align with the federal guidelines governing age-restricted housing more closely. No other provisions in the approved proffer statement are proposed to be amended, and the use and density enabled on the 119.27-acre (RP) Residential Performance zoned subject properties (Back Creek District) remains unchanged. This rezoning application does not require a public hearing. Following a presentation, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 83 Rezoning #05-22 – Greystone Properties, LLC August 18, 2022 Page 2 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may 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. PROPOSAL: The proposed rezoning (proffer amendment) seeks to replace the current proffered text defining age-restricted language, approved with REZ #02-21 (Greystone Properties), to align with the federal guidelines governing age-restricted housing more closely. LOCATION: The subject properties are north of Cedar Creek Grade (Route 622), south and west of the City of Winchester. MAGISTERIAL DISTRICT: Back Creek PROPERTY ID NUMBERS: 53-A-91 and 63-A-2A PROPERTY ZONING: RP (Residential Performance) District PRESENT USE: Vacant/Undeveloped ADJOINING PROPERTY ZONING & PRESENT USE: North: City of Winchester Use: City of Winchester South: RA (Rural Areas) Use: Residential RP (Residential Performance) East: City of Winchester Use: City of Winchester West: RA (Rural Areas) Use: Vacant/Agricultural/Residential 84 Rezoning #05-22 – Greystone Properties, LLC August 18, 2022 Page 3 REVIEW EVALUATIONS: Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject parcels as being zoned R-2 (Residential Limited). The subject parcels were re-mapped from R-2 to A-2 (Agricultural General) pursuant to the County’s comprehensive downzoning initiative (Zoning Amendment Petition #011-80), which was adopted on October 8, 1980. The County’s agricultural zoning districts were subsequently 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 map resulted in the re-mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. On February 28, 2007, the Board of Supervisors approved Rezoning Application (REZ) #21-06 which rezoned the properties from the RA (Rural Areas) District to the R4 (Residential Planned Community) District with proffers; the application was revised in 2009 and 2012. On July 14, 2021, the Board of Supervisors approved REZ #02-21 which rezoned 119.27-acres of land zoned R4 (Residential Planned Community) District with proffers to the RP (Residential Performance) District with proffers and 238.37-acres zoned R4 (Residential Planned Community) District with proffers to the RA (Rural Areas) District with proffers (downzoned). This resulted in a reduction of the total number of residential dwelling units permitted. 100% of the dwelling units were proffered to be age restricted. 2) Comprehensive Plan The Comprehensive Plan is the guide for the future growth of Frederick County. The Comprehensive Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. The Area Plans and Appendix I of the Comprehensive Plan are the primary implementation tools and will be instrumental to the future planning efforts of the County. Comprehensive Plan Land Use Compatibility The 2040 Comprehensive Plan and the Western Jubal Early Land Use Plan (WJELUP) provide guidance on the future development of the property. The property is located within the Sewer and Water Service Area (SWSA) and the Urban Development Area (UDA). The Plan identifies this property with residential and commercial land use designations; the Plan calls for single family detached and small lot units with a density of four units per acre. The current zoning of the property (RP) is consistent with the future long-range land use plan. 85 Rezoning #05-22 – Greystone Properties, LLC August 18, 2022 Page 4 The proposed rezoning (proffer amendment) does not alter the use or density of the site and as such is in conformance with the Comprehensive Plan. 3) Access & Transportation The proposed rezoning (proffer amendment) does not propose amendments to proffers pertaining to transportation and site access with the previously approved REZ #02-21. The proposed amendment to modify the definition for “age-restricted” has no measurable impact to trip generation or traffic. 4) Potential Impacts Proffers The proposed amendment seeks to replace the current text defining age-restricted with the language more closely aligned with the federal guidelines governing age-restricted housing. No other provisions in the approved proffer statement are proposed to be amended, and the use and density enabled on the 119.27-acre (RP) Residential Performance zoned subject properties, approved with REZ #02-21, remains unchanged. County of Frederick Attorney: Please see attached email from Roderick B. Williams, County Attorney dated June 21, 2022. This rezoning application does not require a public hearing. Following a presentation, a recommendation regarding this rezoning application to the Board of Supervisors would be appropriate. The Applicant should be prepared to adequately address all concerns raised by the Planning Commission. 86 ¬«37 63 A 2A 53 A 91 1346CEDARCREEK GR 1331CEDAR CREEK GR 130CLAYHILL DR 1151CEDARCREEK GR 1115CEDAR CREEK GR 1107CEDARCREEK GR 1025CEDARCREEK GR 127HARVEST RIDGE DR 130HARVESTRIDGE DR 1226CEDARCREEK GR 1064CEDARCREEK GR 1027CEDARCREEK GR135HARVESTRIDGE DR 1100CEDARCREEK GR 153HARVESTRIDGE DR 949CEDARCREEK GR 1266CEDARCREEK GR 324ORCHARD LN 227ORCHARD LN 227ORCHARD LN 277ORCHARD LN 740MERRIMANS LN 740MERRIMANS LN 760MERRIMANS LN 878MERRIMANS LN 750MERRIMANS LN872MERRIMANS LN 103HOMER DR 820MERRIMANS LN 113HOMER DR 102OKEEFE DR806MERRIMANS LN TAYLORGRACE CTSPRINGHOUSE CTWHEATFIELDLN CATHERAVE C L A Y H ILL D R RANDOLPHPL CEDARCREEK GRMOFFETTDRHARVESTRIDGE DRBROOKDALECTORCHARDHILL DR TAYLORDR CRISMANAVE VANCOUVER STKERSHAW LNKI N GS T O N C T COL S T ONPL BITTERSW EETC TTILGHMANLNS OF I AWAYROBYNTERGORDONPL BARKSDALELNMASSANUTTENTERHARRISONSTDALTONPLGO LDENFIELDLND OU GL AS S T HILLCRESTALYCIDERMILLLNA P P L E S E E D C TNESTERDRBELLVIEWAVER O S S E RLNRAMSEURLN STONELEIGHDRMIDDLERDTOWERAVEPEMBERTON DR WEEMSLNSULLYCTLOMAX DRHOMER DRCLAYTONRIDGE DRWHARTONCIRJOHNSTONCTS T E R LI NG DRMAGRUDE RCT ME AD OW B R AN CH A V E S U M M E R F I E L D L N HONEYSUCKLELNHARVEST DRHANDLEYAVE VALLEY AVESELDON DRBRECKINRIDGE L NCHELSEA DR MEADOW CTBEEHIVE WAYMELVOR LNSTONELEIGH RDORCHARD LNWAYNE DRSTONERIDGE DRTREYS DRHILLMAN DR A R M I S T E A D S T MERRIMANSLNW JUBAL EARLY DR Application Parcels Sewer and Water Service A rea µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 15, 2022 Winchester VALLEY AVEMERRIMANS LNCEDAR CREEK GR MIDDLE RDS LOUDOUN STHANDLEY AVESELDON DR HOPE DRMELVOR LNSHANNON CTIVY ST¬«37 ¬«37 0 1,000 2,000500 Feet £¤11 R E Z # 0 5 - 2 2 : G r e y s t o n e P r o p e r t i e s , L L CPINs: 5 3 - A - 9 1 , 6 3 - A - 2 A M in o r P r o f f e r A m e n d m e n tLocation M a p REZ #05-22 REZ #05-22 City ofWinchester 87 ¬«37 63 A 2A 53 A 91 1346CEDARCREEK GR 1331CEDAR CREEK GR 130CLAYHILL DR 1151CEDARCREEK GR 1115CEDAR CREEK GR 1107CEDARCREEK GR 1025CEDARCREEK GR 127HARVEST RIDGE DR 130HARVESTRIDGE DR 1226CEDARCREEK GR 1064CEDARCREEK GR 1027CEDARCREEK GR135HARVESTRIDGE DR 1100CEDARCREEK GR 153HARVESTRIDGE DR 949CEDARCREEK GR 1266CEDARCREEK GR 324ORCHARD LN 227ORCHARD LN 227ORCHARD LN 277ORCHARD LN 740MERRIMANS LN 740MERRIMANS LN 760MERRIMANS LN 878MERRIMANS LN 750MERRIMANS LN872MERRIMANS LN 103HOMER DR 820MERRIMANS LN 113HOMER DR 102OKEEFE DR806MERRIMANS LN TAYLORGRACE CTSPRINGHOUSE CTWHEATFIELDLN CATHERAVE C L A Y H ILL D R RANDOLPHPL CEDARCREEK GRMOFFETTDRHARVESTRIDGE DRBROOKDALECTORCHARDHILL DR TAYLORDR CRISMANAVE VANCOUVER STKERSHAW LNKI N GS T O N C T COL S T ONPL BITTERSW EETC TTILGHMANLNS OF I AWAYROBYNTERGORDONPL BARKSDALELNMASSANUTTENTERHARRISONSTDALTONPLGO LDENFIELDLND OU GL AS S T HILLCRESTALYCIDERMILLLNA P P L E S E E D C TNESTERDRBELLVIEWAVER O S S E RLNRAMSEURLN STONELEIGHDRMIDDLERDTOWERAVEPEMBERTON DR WEEMSLNSULLYCTLOMAX DRHOMER DRCLAYTONRIDGE DRWHARTONCIRJOHNSTONCTS T E R LI NG DRMAGRUDE RCT ME AD OW B R AN CH A V E S U M M E R F I E L D L N HONEYSUCKLELNHARVEST DRHANDLEYAVE VALLEY AVESELDON DRBRECKINRIDGE L NCHELSEA DR MEADOW CTBEEHIVE WAYMELVOR LNSTONELEIGH RDORCHARD LNWAYNE DRSTONERIDGE DRTREYS DRHILLMAN DR A R M I S T E A D S T MERRIMANSLNW JUBAL EARLY DR Application Parcels Sewer and Water Service A rea R4 (Residential Planned Com muni ty District) RP (Residential P erform ance District)µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 15, 2022 Winchester VALLEY AVEMERRIMANS LNCEDAR CREEK GR MIDDLE RDS LOUDOUN STHANDLEY AVESELDON DR HOPE DRMELVOR LNSHANNON CTIVY ST¬«37 ¬«37 0 1,000 2,000500 Feet £¤11 R E Z # 0 5 - 2 2 : G r e y s t o n e P r o p e r t i e s , L L CPINs: 5 3 - A - 9 1 , 6 3 - A - 2 A M in o r P r o f f e r A m e n d m e n tZoning M a p REZ #05-22 REZ #05-22 City ofWinchester 88 ¬«37 63 A 2A 53 A 91 1346CEDARCREEK GR 1331CEDAR CREEK GR 130CLAYHILL DR 1151CEDARCREEK GR 1115CEDAR CREEK GR 1107CEDARCREEK GR 1025CEDARCREEK GR 127HARVEST RIDGE DR 130HARVESTRIDGE DR 1226CEDARCREEK GR 1064CEDARCREEK GR 1027CEDARCREEK GR135HARVESTRIDGE DR 1100CEDARCREEK GR 153HARVESTRIDGE DR 949CEDARCREEK GR 1266CEDARCREEK GR 324ORCHARD LN 227ORCHARD LN 227ORCHARD LN 277ORCHARD LN 740MERRIMANS LN 740MERRIMANS LN 760MERRIMANS LN 878MERRIMANS LN 750MERRIMANS LN872MERRIMANS LN 103HOMER DR 820MERRIMANS LN 113HOMER DR 102OKEEFE DR806MERRIMANS LN TAYLORGRACE CTSPRINGHOUSE CTWHEATFIELDLN CATHERAVE C L A Y H ILL D R RANDOLPHPL CEDARCREEK GRMOFFETTDRHARVESTRIDGE DRBROOKDALECTORCHARDHILL DR TAYLORDR CRISMANAVE VANCOUVER STKERSHAW LNKI N GS T O N C T COL S T ONPL BITTERSW EETC TTILGHMANLNS OF I AWAYROBYNTERGORDONPL BARKSDALELNMASSANUTTENTERHARRISONSTDALTONPLGO LDENFIELDLND OU GL AS S T HILLCRESTALYCIDERMILLLNA P P L E S E E D C TNESTERDRBELLVIEWAVER O S S E RLNRAMSEURLN STONELEIGHDRMIDDLERDTOWERAVEPEMBERTON DR WEEMSLNSULLYCTLOMAX DRHOMER DRCLAYTONRIDGE DRWHARTONCIRJOHNSTONCTS T E R LI NG DRMAGRUDE RCT ME AD OW B R AN CH A V E S U M M E R F I E L D L N HONEYSUCKLELNHARVEST DRHANDLEYAVE VALLEY AVESELDON DRBRECKINRIDGE L NCHELSEA DR MEADOW CTBEEHIVE WAYMELVOR LNSTONELEIGH RDORCHARD LNWAYNE DRSTONERIDGE DRTREYS DRHILLMAN DR A R M I S T E A D S T MERRIMANSLNW JUBAL EARLY DR Application Parcels Sewer and Water Service A rea Long R ange Land Use Residential Business Sensitive Natural Areas µ Frederick C ounty Planning & Development107 N Kent StWinchester, V A 22601540 - 665 - 5651Map Created: August 15, 2022 Winchester VALLEY AVEMERRIMANS LNCEDAR CREEK GR MIDDLE RDS LOUDOUN STHANDLEY AVESELDON DR HOPE DRMELVOR LNSHANNON CTIVY ST¬«37 ¬«37 0 1,000 2,000500 Feet £¤11 R E Z # 0 5 - 2 2 : G r e y s t o n e P r o p e r t i e s , L L CPINs: 5 3 - A - 9 1 , 6 3 - A - 2 A M in o r P r o f f e r A m e n d m e n tLong R a n g e L a n d U s e M a p REZ #05-22 REZ #05-22 City ofWinchester 89 Greenway Engineering, Inc. July 29, 2022 Tax Parcels 53-A-91A & 63-A-2A File #3800G/CMM 1 GREYSTONE PROPERTIES, LLC AGE-RESTRICTED REZONING AMENDED PROFFER STATEMENT DATE: July 29, 2022 REZONING: RZ#_________ PROPERTY: Tax Parcels 53-A-91 and 63-A-2A (both parcels, collectively, the “Property”) MAGISTERIAL DISTRICT: Back Creek Magisterial District (formerly Gainesboro Magisterial District) RECORD OWNER: Greystone Properties, LLC APPLICANT: Greystone Properties, LLC (the “Owner”) PROJECT NAME: Greystone Properties, LLC Age-Restricted Rezoning ORIGINAL DATE OF PROFFERS: October 16, 2019, Revised March 25, 2021 The current Proffer set forth in Paragraph (A)(2) as set forth hereinafter is hereby deleted: 2. The Owners of the 119.27± acres proposed for RP, Residential Performance District zoning proffer that 100% of the dwelling units will be rented or sold such that at least one resident in each unit is a person at least age 55 or older is hereby deleted (the “Deleted Proffer”). In place of the Deleted Proffer, the following Amended Proffer is hereby set forth: 2. The Owner hereby agrees that the Property shall be an age-restricted community which is defined as: “Age Restricted” (a) Shall mean all occupied residential units shall be occupied by at least one person fifty-five (55) years of age or older and all other residents must reside with a person who is fifty-five (55) years of age or older, and be a spouse, a cohabitant, an occupant’s child of nineteen (19) years of age or older or provide primary physical or economic support to the person who is fifty-five (55) years of age or older. 90 Greenway Engineering, Inc. July 29, 2022 Tax Parcels 53-A-91A & 63-A-2A File #3800G/CMM 2 Notwithstanding this limitation (i) a person hired to provide live-in, long term, or terminal health care of a person who is fifty-five (55) years of age or older for compensation may also occupy a dwelling during any time such person is actually providing such care; and (ii) guests under the age of fifty-five (55) shall be permitted for periods of time not to exceed sixty (60) total days in any calendar year. (b) If title to any lot shall become vested in any person under fifty-five (55) years of age by reason of descent, distribution, foreclosure or operation of law, the age restriction set forth in this Section 1 shall not work a forfeiture or reversion of title, but rather such person thus taking title shall not be permitted to reside on such Lot until such person shall have attained fifty-five (55) years of age or otherwise satisfies the requirements as set forth herein. (c) Notwithstanding the foregoing limitations, a surviving spouse shall be allowed to continue to occupy a dwelling without regard to age. (d) The foregoing limitations shall apply to any tenant who resides in any dwelling offered for lease by the Owner thereof. Owner Signature on Following Page 91 Greenway Engineering, Inc. July 29, 2022 Tax Parcels 53-A-91A & 63-A-2A File #3800G/CMM 3 Owner Signature The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully Submitted: By: Greystone Properties, LLC Date Commonwealth of Virginia, City/County of To Wit: The foregoing instrument was acknowledged before me this day of 20 by Notary Public My Commission Expires 92 Page 1 To be completed by Planning Staff:Fee Amount Paid $ Zoning Amendment Number Anticipated PC Hearing Date Date Received Anticipated BOS Hearing Date REZONING APPLICATION FREDERICK COUNTY, VA DEPARTMENT OF PLANNING & DEVELOPMENT 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 2. Other Applicant Party (such as a contract purchaser) (please attach additional page(s) if necessary): Name: Specific Contact Person if Other than Above: Address: Telephone: Email: 3. Law firm, engineering firm, or other person, if any, serving as the primary contact person for this application: Firm Name: Specific Contact Person at Firm: Address: Telephone: Email: Please note that, if a law firm, engineering firm, or other person, other than the owner of the property, will be acting on behalf of the owner and/or executing papers on behalf of the owner in connection with the rezoning, the owner will need to execute a power of attorney form granting the firm or person such authority. Greystone Properties, LLC Richie Wilkins 13 South Loudoun Street Winchester, VA 22601 (540) 662-7215 rwilkins@wilkinsco.com N/A Greenway Engineering, Inc Chris Mohn 151 Windy Hill Lane Winchester, VA 22602 (540) 662-4185 cmohn@greenwayeng.com 93 Page 1 4. Project Name (if any): 5. Property Information: a. Property Identification Number(s): b. Total acreage of the parcel(s): c. Total acreage of parcel(s) to be rezoned (if other than whole parcel(s) is being rezoned): d. Current zoning designation(s) and acreage(s) in each designation: e. Proposed zoning designation(s) and acreage(s) in each designation: f. Magisterial District(s): g. Location - the property is located at (give street address(es) if assigned or otherwise exact location based on nearest road and distance from nearest intersection, using road names and route numbers): h. Adjoining Properties: Parcel ID Number Use Zoning Please attach additional page(s) if necessary. Property identification numbers, magisterial districts, and deed book and page numbers/ instrument numbers may be obtained from the Office of the Commissioner of the Revenue, Real Estate Division, 107 North Kent Street, Winchester, VA 22601. Greystone Properties, LLC Age-Restricted Community 53-A-91, 63-A-2A 119.27 +/- Acres 119.27 +/- Acres RP District 119.27 +/- Acres RP District 119.27 +/- Acres Gainesboro District 964 Cedar Creek Grade See Attached Adjoining Map & Owner Table Exhibits 94 Page 1 6.Disclosure of real parties in interest. Virginia Code § 15.2-2289 provides that localities may by ordinance require any applicant for a zoning amendment to make complete disclosure of the equitable ownership of the real estate to be affected including, in the case of corporate ownership, the name of stockholders, officers, and directors, and in any case the names and addresses of all real parties of interest. Frederick County has, by County Code § 165-101.09, adopted such an ordinance. For each business entity that is an owner or contract purchaser of the property, please list the name and address of each person owning an interest in, or who is an officer or director of, any entity that is an owner or contract purchaser of the property (you need not indicate the amount or extent of the ownership interest). Please note that this requirement does not apply to a corporation whose stock is traded on a national or local stock exchange and having more than 500 shareholders. Please attach additional page(s) if necessary. 7.Checklist. Please check that the following items have been included with this application: □Location Map □Plat Depicting Metes/Bounds of Proposed Zoning □Impact Analysis Statement □Proffer Statement (if any) □Agency Comments □Fee □Copies of Deed(s) to Property(ies) □Tax Payment Verification □Digital copies (pdf’s) of all submitted items Greystone Properties, LLC: James T. Vickers & James R. Wilkins III ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ ✔ 95 96 1 MAP ID OWNER NAME MAILING ADDRESS MAILING ADRESS 2 MAILING CITY MAILING STATE MAILING ZIP 1 740 LLC PO BOX 87 WINCHESTER VA 22604 2 WILLOW SPRINGS ESTATE LLC 1520 COMMERCE ST WINCHESTER VA 22601 3 JOVA PROPERTIES LLC PO BOX 2658 WINCHESTER VA 22604 4 LIVELY DIANE B ETALS 513 OLD FORT RD WINCHESTER VA 22601 5 C & W PROPERTIES PO BOX 221 MILLWOOD VA 22646 6 VILLAGE AT HARVEST RIDGE C/O COVENTRY GROUP COMMUNITY MGMT PO BOX 2580 WINCHESTER VA 22604 7 MEDEIROS COZETTE 949 CEDAR CREEK GRADE WINCHESTER VA 22601 8 KOK NURMAN 2307 STONERIDGE RD WINCHESTER VA 22601 9 KUMAR CHOPRA V 7560 RIVER ROAD FLUSHING MI 48433 10 SUMMERFIELD LLC 1573 COMMERCE ST WINCHESTER VA 22601 11 BARTON BONNIE G 2125 STONELEIGH DR WINCHESTER VA 22601 12 BYRD SHARON M GLASS PO BOX 206 BERRYVILLE VA 22611 13 SPANGLER JOHN B 2119 STONELEIGH DRIVE WINCHESTER VA 22601 14 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 22601 15 CRANSTON ANN CASEY 2111 STONELEIGH DR WINCHESTER VA 22601 16 CROSON PATRICK 2107 STONELEIGH DRIVE WINCHESTER VA 22601 17 DOLL JEFFERY L TRUSTEE 447 WOODFIELD LANE WINCHESTER VA 22602 18 NAVARRO AYALA LUBIAN 2099 STONELEIGH DR WINCHESTER VA 22601 19 DE MEDICI PROPERTIES LLC C/O NICOLA F DE MEDICI 503 HANDLEY AVE WINCHESTER VA 22601 20 BROOKS RHONDA 2091 STONELEIGH DR WINCHESTER VA 22601 21 HINKLE SUZANNE M 2087 STONELEIGH DR WINCHESTER VA 22601 22 RYALL JONATHAN DAVID 222 AMHERST ST WINCHESTER VA 22601 23 BASNILLO MARCO A V 2079 STONELEIGH DR WINCHESTER VA 22601 24 HALL CHRISTOPHER E 2822 TUCKERS LN LINDEN VA 22642 25 HALL RONALD 209 BAYSHORE DRIVE ELIZABETH CITY NC 27909 26 SUMNER KRIS 906 WAYNE DR WINCHESTER VA 22601 27 BAKER KIMBERLY 2063 STONELEIGH DR WINCHESTER VA 22601 28 TATRO RAY DEAN 2059 STONELEIGH DR WINCHESTER VA 22601 29 GERDAU BRYAN TRUSTEE 2055 STONELEIGH DR WINCHESTER VA 22601 30 JAI LAXMI MAA LLC 723 KENNEDY DR WINCHESTER VA 22601 31 WILSON MARGARET BRIDGET 2047 STONELEIGH DR WINCHESTER VA 22601 32 JOUKAR JAFAR 1938 MELVOR LN WINCHESTER VA 22601 33 CARDERO OLIVIA 2039 STONELEIGH DR WINCHESTER VA 22601 34 SMITH STEPHANIE 2035 STONELEIGH DR WINCHESTER VA 22601 35 MARIN VIOLETA PECHE 2031 STONELEIGH DRIVE WINCHESTER VA 22601 36 PRUSCH ELIZABETH S 348 RITTER RD SEWICKLEY PA 15143 37 WAC PROPERTIES LLC 21 S LOUDOUN ST WINCHESTER VA 22601 38 MITCHELL RALPH C 155 HARVEST RIDGE DR WINCHESTER VA 22601 39 FREEDMAN GARY 2015 STONELEIGH DRIVE WINCHESTER VA 22601 40 WATKINS EARL H 7216 CHERRY LEAF WAY MECHANICSVILLE VA 23111 GREYSTONE PROFFER AMENDMENT - ADJOINING PROPERTIES Greystone Adj list 20220615 97 2 41 AJIBIKE OPEOLUWA MIRIAM 1946 CIDERMILL LN WINCHESTER VA 22601 42 BONNER LAURA TRUSTEE 1921 CLAYTON RIDGE DR WINCHESTER VA 22601 43 KLUGE THOMAS 1917 CLAYTON RIDGE DR WINCHESTER VA 22601 44 FASANO JEROME FASANO CHRISTINE 1913 CLAYTON RIDGE RD WINCHESTER VA 22601 45 BARNES REX 1909 CLAYTON RIDGE DR WINCHESTER VA 22601 46 BROWN ANN LOUISE 1905 CLAYTON RIDGE DR WINCHESTER VA 22601 47 CAMPBELL KELLY 1901 CLAYTON RIDGE DR WINCHESTER VA 22601 48 MARTIN DANIEL G 1000 STERLING DR WINCHESTER VA 22601 49 BOSTICK DANIEL 1893 CLAYTON RIDGE DR WINCHESTER VA 22601 50 SHAFRAN STEVEN P 1889 CLAYTON RIDGE DR WINCHESTER VA 22601 51 JUSTICE KAREN E 1885 CLAYTON RIDGE DR WINCHESTER VA 22601 52 PATEL DIXABEN 1881 CLAYTON RIDGE RD WINCHESTER VA 22601 53 DINAPOLI CHRISTOPHER R 1877 CLAYTON RIDGE DR WINCHESTER VA 22601 54 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 55 HAECKER PAUL B 1869 CLAYTON RIDGE DR WINCHESTER VA 22601 56 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 57 CITY OF WINCHESTER 15 N CAMERON ST RISK MANAGER STE 106 WINCHESTER VA 22601 Greystone Adj list 20220615 98 ËÊ37 W in c h e ster & W e stern R R £¤11 VALLEYAVE63 A 2A 53 A 91 SHANNONCTMERRIMANSLN O R C H A R D L N TOWER AVEC E D A R C R EEK GRADE SUMMER FIELDLN HARVESTDRP R I N C E G E O R G E P L SOFI AW AYWH A R TON CI RCID E R M IL L L N ORCHARD HILLDR NESTERDRSELDO N DR ROSSER L NMEADOWBRANCHAVE HONEYSUCKLELNH A N D L E Y AVE C HELSEA DRRT 37 NRT 37 SMELVORLNCEDARCREEKGR RANDOLP H P LSULLY CT STERLINGDR B A R K S D A L E L N CATHER AVE TAYLORDR CRISMAN AVE VANCOUVERSTTILGHMANLNHARRISON STMOFFETT DRWAYNEDRDALTON PLDOUG L ASSTA P P LESE EDCT MEADOWCTSTONELEIGH DRCLAYTONRIDGEDRPA R KINS LNP EM B E RTONDR LOMAX DRJOHNSTONCT STONERIDGEDRSAI NT A N DREW S CT B EEHIVE WAY BELLVIEWAVETREYS DRWEEMS LN HILLMAN DRROCKHARBORDRWJUBALEARLYDR 44 39 42 43 46 26 13 50 49 9 20 31 30 47 48 45 38 11 10 16 52 12 1415 2223 51 2119 35 29 323334 25 37 17 24 28 56 27 36 53 54 55 57 18 8 40 41 3 4 5 76 1 2 2 Map D ata Source: Frederick County, Va. GIS Department, 2019 Data; ADJOINING PROPERTIES MAPGAINESBORO MAGISTERIAL DISTRICTGREYSTONE PROPERTIESFREDERICK COUNTY, VIRGINIADATE: 06-15-2022PROJECT ID: 3800GDESIGNED BY: DJCSCALE:1 Inch = 600 FeetLegend Parcel Boundary Subject Parcels Adjoiners 600 0 600 Feet µGREYSTONE PROPERTIES PROFFER ADMENDMENTADJOINING PROPERTIES MAPPROFFER ADMENDMENT99 From:Rod Williams To:Chris Mohn Cc:Wyatt Pearson; John Bishop; Tyler Klein Subject:RE: "[External]"RE: Greystone Proffer Amendment: Review/Comment Request Date:Tuesday, June 21, 2022 2:56:08 PM Attachments:image001.png Greystone Properties Age-Restricted Rezoning - Amended Proffer Statement (6-20-2022) rbw edits.docx Chris, I have now reviewed this and have only technical changes: a format change with respect to the placement of the “2” to reflect it being the second section of Proffer A; some capitalization changes re defined and other terms; and the addition of the use of a defined term (the “Property”). For simplicity, I have shown the changes in the attached. Subject to these changes, the proposed amended proffer statement is in legally acceptable form. You may consider this email in lieu of the completed comment form. Thank you. Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 r From: Chris Mohn <cmohn@greenwayeng.com> Sent: Tuesday, June 21, 2022 8:54 AM To: Rod > Subject: '[External]'RE: Greystone Proffer Amendment: Review/Comment Request Hi Rod, In follow-up to my email from last week, attached is a Word version of the draft proffer statement for the Greystone amendment. I apologize for not including this version with my original submission to you. Please advise if any additional information is required for your review. Thanks! Chris Christopher Mohn, AICP | Vice President / Director of Planning Phone: 540.662.4185 | Cell: 540.333.2392 | Email: c From: Chris Mohn Sent: Friday, June 17, 2022 2:11 PM To: Rod Williams <r s> 100 Subject: Greystone Proffer Amendment: Review/Comment Request Importance: High Hi Rod, As you are aware, Greystone LLC is seeking to amend the approved proffers applicable to Tax Map Numbers 53-A-91 and 63-A-2A so that language governing age-restricted housing is more closely aligned with relevant HUD standards. To that end, we are assembling an application to administratively amend the proffers, and you have been rightfully identified as the lone review agency from whom comment/approval is required for formal submission. Please find attached a copy of the proposed amended language for your review and comment. Note that the proposed language was prepared by Mike Bryan on behalf of Greystone and has been vetted through the attorney of the contract purchaser, DR Horton. I have also provided a copy of the application form and a location map to help you get oriented. If you require any additional information to facilitate your review, please let me know and I will respond accordingly. Please don’t hesitate to contact me with any questions or concerns. I look forward to receiving your feedback. Regards, Chris Christopher Mohn, AICP | Vice President / Director of Planning Winchester, VA I Ashburn, VA I Martinsburg, WV 151 Windy Hill Lane Winchester, VA 22602 Phone: 540.662.4185 Cell: 540.333.2392 Fax: 540.722.9528 Web: www.GreenwayEng.com Email: c om Disclaimer: This email may contain confidential and privileged material for the sole use of the intended recipient(s). Any review, use, distribution or disclosure by others is strictly prohibited. If you have received this communication in error, please notify the sender immediately by email and delete the message and any file attachments from your computer. Thank you. 101 102 103 104 105 106 107 108 109 110 111 112 113 Planning Commission Agenda Item Detail Meeting Date: September 7, 2022 Agenda Section: Information/Discussion Items Title: VDOT District Planner - (Mr. Reed) Attachments: 114 Planning Commission Agenda Item Detail Meeting Date: September 7, 2022 Agenda Section: Other Title: Current Planning Applications Attachments: 115