050-23 (RezoningCarCreditNation(1467LLC)) ORDINANCE
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Action:
PLANNING COMMISSION: February 15, 2023 Recommended Approval
BOARD OF SUPERVISORS. March 8, 2023 Adopted
ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING ##01-23 FOR CAR CREDIT NATION (1467, LLC)
WHEREAS, REZONING #01-23 for Car Credit Nation (1467, LLC) submitted to rezone
approximately+/- 1.345-acres from RA(Rural Areas)Zoning District to the B2(General Business)Zoning
District on a property totaling +/- 3.96-acres with proffers to allow for the expansion of an automotive
dealership. The property is located at 1467 Front Royal Pike, Winchester, and is identified by Property
Identification Number (PIN) 76-A-4 in the Shawnee Magisterial District; and
WHEREAS, the Frederick County Planning Commission held a public meeting on this Rezoning on
February 15, 2023, and recommended approval; and
WHEREAS, the Frederick County Board of Supervisors held a public meeting on this Rezoning
during their regular meeting on March S, 2023; 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, and welfare.
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 rezone +/-
1.345-acres from RA (Rural Areas) Zoning District to the B2 (General Business) Zoning District on a
property totaling +/- 3.96-acres with proffers statement bearing the signature date June 10, 2022. The
conditions voluntarily proffered in writing by the Applicant and the Property Owner are attached.
This ordinance shall be in effect on the date of adoption. Passed this 8th day of March 2023 by the
following recorded vote:
Res#050-23
Charles S. DeHaven, Jr., Chairman Aye Shawn L. Graber Aye
Gainesboro District Vacant Robert W. Wells Aye
Blaine P. Dunn Aye Josh Ludwig Aye
Judith McCann-Slaughter Aye
A COPY ATTEST
Michael L. Bollhoefer
Frederick County Administrator
Res# 050-23
41G�.r Cod REZONING APPLICATION#01-23
CREDIT CAR NATION (1467,LLC)
w Staff Report for the Board of Supervisors
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Prepared: February 21,2023
Staff Contacts: M. Tyler Klein, AICP, Senior Planner
]738
Reviewed Action
Planning Commission: 02/15/23 Recommended Approval
Board of Supervisors: 03/08/23 Pending
EXECUTIVE SUMMARY & STAFF CONCLUSION FOR THE 03/08/23 BOARD OF
SUPERVISORS MEETING:
This is an application to rezone+/- 1.345-acres from RA(Rural Areas)District to B2 (General Business)
District on a property totaling +/- 3.96-acres with proffers to allow for the expansion of an automotive
dealership at 1467 Front Royal Pike in the Shawnee Magisterial District.The proffer statement restricts the
use of the property to"automotive dealer"and"general business office;"no other uses are proposed on the
property. The proposed rezoning does not include the "mix of uses" envisioned by the Urban Center
designation in the Comprehensive Plan.Achieving the mix of uses envisioned on a small parcel would be
difficult, however the rezoning may otherwise be appropriate as an expansion to an existing business.
Following a public hearing at their February 15, 2023, meeting, the Planning Commission unanimously
recommended approval of the rezoning application (Commissioner Kozel absent)
Following the required public hearing, a decision regarding this rezoning application by the
Board of Supervisors would he appropriate. The Applicant should heprepared to adequately
address all concerns raised by the Board of Supervisors.
Rezoning #01-23 Credit Car Nation (1467 LLC)
February 21,2023
Page 2
This report is prepared by the Frederick County Planninz 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:To rezone+/-1.345-acres of aparcel totaling+/-3.96-acres from RA(Rural Areas)District
to B2 (General Business) District with proffers.
LOCATION: The+/-3.96-acre subj ect property is located at 1465, 1467& 1481 Front Royal Pike(Route
522), Winchester.
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBERS: 76-A-4
PROPERTY ZONING: B2 (General Business) & RA (Rural Areas) District
PRESENT USE: Automotive dealership and vacant residential (single-family detached house)
ADJOINING PROPERTY ZONING & PRESENT USE:
North: RA (Rural Areas) Use: Church
South: RA (Rural Areas) Use: Residential
East: RA (Rural Areas) Use: Agricultural/Vacant
West: RA (Rural Areas) Use: Agricultural/Vacant
Rezoning #01-23 Credit Car Nation (1467 LLC)
February 21,2023
Page 3
REVIEW EVALUATIONS:
Planning & Zoning:
1) 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; the Plan is 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.
Land Use Compatibility
The Comprehensive Plan and the Senseny/Eastern Frederick Area Plan (SEFLUP) provide
guidance on the future development of the property. The Plan identifies the subject property
with a"urban-center"land use designation. The"Paper Mill Road Urban Center/Neighborhood
Village"provides an opportunity to introduce a mix ofuses into a largely undeveloped area in
a way that builds the identity and enhances the economic performance of these communities.
The property is also partially within the limits of the Sewer and Water Service Area(SWSA).
The limits of the proposed area to-be-rezoned is outside of the SWSA. Staff notes the
application does notpropose use ofpublic utilities and will instead utilize the existing well and
on-site septic system.
The Comprehensive Plan designation of "urban center" is consistent with the existing and
proposed B2 zoning of the site. Staff notes the proposed rezoning does not include the "mix of
uses" envisioned by the Urban Center designation in the Comprehensive Plan. However, it may
otherwise be appropriate as an expansion to an existing business (automotive dealership).
3) Access & Transportation
The site will continue to be accessed from an existing commercial entrance from Route 522.No
new trips are anticipated; the owner intends to relocate its existing office/finance department
from the main dealership structure into the single-family detached house(change of use). The
Eastern Road Plan of the Comprehensive Plan identifies a future shared use "trail" along the
property frontage with Front Royal Pike. A shared use path has been proposed in the proffer
statement(Proffer#I(b)).
4) Potential Impacts & Proffers
The proffer statement dated December 15,2022,restricts the use of the+/- 1.345-acre property,
presently zoned RA,to"automotive dealer" and"general business office" consistent with the
existing business on the remainder of the property (Proffer 93). Other impacts to the County's
Rezoning #01-23 Credit Car Nation (1467 LLC)
February 21,2023
Page 4
capital facilities, such as Fire and Rescue services,have also been mitigated(Proffer#2). The
applicant has also proffered a "full screen buffer" along property boundaries where the
adjoining property use is residential (Proffer#4).
Other Review Agency Comments:
1) Virginia Dept.of Transportation: Please see attached letter from VDOT dated December 6,
2022, addressed from Bradley S. Riggleman, P.E.
2) Winchester and Frederick Health Department: Please see the attached letter from Jim
Davis, Environmental Health Manager dated November 14, 2022.
3) Frederick Water: Please see attached letter from Eric Lawrence, Executive Director, dated
November 14, 2022.
4) Frederick County Public Works: Please see attached letter from Joe Wilder, Director of
Public Works dates December 1, 2022.
5) Frederick County Fire Marshall: Please see attached letter from Adam Hounshell,
Lieutenant/Assistant Fire Marshall dated November 28, 2022.
6) County of Frederick Attorney:Please see attached email from Roderick B. Williams, County
Attorney dated December 20, 2022.
PLANNING COMMISSION SUMMARY AND ACTION FROM THE 02/15/23 MEETING:
The Planning Commission held a public hearing on February 15,2023.Three(3)members of the public
spoke regarding the application and expressed concerns regarding buffering/screening, allowed uses,
and impact of expanded impervious area on neighboring properties.Following the public hearing,staff
was asked to respond to public comments and noted that the proffers included a full-screen buffer
requirement where the property adj oins residential properties;the proposed proffers limited the allowed
uses to only "automotive dealership" and "general business office" consistent with the existing B2
zoned portion of the property; and that prior to the establishment (expansion) of the use the owner
would need to have a site plan approved by the County which would address buffers, screening,
stormwater management,and any other relevant Zoning Ordinance requirements. In their remarks,the
Planning Commission expressed support for Car Credit Nation,a local small business,to expand their
automotive dealership.The Planning Commission unanimously voted to recommended approval of the
proposed rezoning (Commissioner Kozel absent).
Following the rgguired public hearing, a decision regrading this rezoning application by the
Board of Supervisors would be appropriate. The Applicant should be prepared to adeguately
address all concerns raised by the Board of Supervisors.
REZ # 01 - 23: Car Credit Nation
PIN: 76 - A - 4
Rezoning from RA to B2
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PIN: 76 - A - 4
Rezoning from RA to B2
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REZ # 01 - 23: Car Credit Nation
PIN: 76 - A - 4
Rezoning from RA to B2
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540-665-5651
0 70 140 280 Feet Map Created:January 18,2023
PROFFER STATEMENT
REZONING: RZ# ##-23
PROPERTY: 1.345 acres
Parcel 76-(A)-4
RECORD OWNERS: 1467,LLC
PROJECT NAME: Car Credit Nation
ORIGINAL DATE OF PROFFERS: December 15, 2022
REVISION DATES:
MAGISTERIAL DISTRICT: Shawnee
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 offers the following proffers that in the event the Board of Supervisors of Frederick
County, Virginia shall approve this Rezoning Application # ##-23 for the rezoning of 1.345-acres
from Rural Areas (RA) to General Business District (B-2) with proffers, and development of the
subject property shall be done in conformity with the terms and conditions set forth herein, except
to the extent that such terms and conditions may be subsequently amended or revised by the
Owner and such are 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.
The subject property is more particularly described as the lands conveyed to 1467, LLC from
1467 Realty Associates, LLC as recorded in the Frederick County Circuit Court Clerk's Office as
instrument 130011374 dated September 20, 2013, and from James T. Dill as recorded in the
Frederick County Circuit Court Clerk's Office as instrument 220002177 dated February 17, 2022,
and consolidated into parcel 76-A-4 as shown in a survey by Marsh & Legge Land Surveyors
recorded in the Frederick County Circuit Court Clerk's Office as instrument 220010125 dated
August 11, 2022.
References herein to "the property" or "this property" are to the 1.345 portion of the 3.9589+/-
acres comprising parcel 76-(A)-4.
Proffers:
A. Site Improvements
1. Transportation
Page 1
a, Access-Access to this property from Front Royal Pike (US Route 522) shall be limited to
one existing commercial entrance which will remain unchanged. This entrance will
provide ingress and egress to all uses on this site.
b. Trail-At the time of site plan development the future trail shown on the
SensenylEastern Frederick Land Use Plan-Transportation with Trails the planned future
trail will be shown along the front of the property.
2. Monetary Contributions-Fire&Rescue
a. In recognition of the increased demand on public services,the owner hereby offers the
following cash contributions to be paid at the time of building permits.The term
"building square foot"shall be the combined floor area for each story being changed
from residential to business use.
The owner hereby voluntarily proffers a cash contribution to the Frederick County Fire
and Rescue Department$0.10 per building square foot.
3. The owner hereby voluntarily restricts uses on the property to automotive dealer and
general business office.
4. The owner hereby proffers a"Full Screen"buffer as defined by the Frederick County Zoning
Ordinance,to be placed along any neighboring parcels zoned RA with a residential use at
the time of site plan approval.
The conditions proffered above shall be binding upon 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 and Ordinance.
OWNER SIGNATURES ON FOLLOWING PAGES
Pace- 2
Respectfully submitted,
1467,LLC
By:'i6h r i
Its:M,44aniE
COMMONWEALTH/STATE OF 0—
COUNTYXITY OF P�-td frI to-wit:
The foregoing Proffer Statement was acknowledged before me this 61,1,4"* day of
i 2023,by Christopher Maher,JR,Managing Member 1467,LLC.
Notary Public
=183REANNAMICHIE-ELLE MAHER
NOTARY PUBLIC
My Commission Expires: REG.
My 0�t)VIRGINLA
COMMONWFJ.Lvii ..........
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Notary Registration# WiON IR R
Page 3
Impact Analysis Statement
1467, LLC Rezoning
Car Credit Nation
Shawnee Magisterial District
Frederick County, VA
Parcel ID 76-(A)-4
November 3, 2022
Owner:
Prepared for:
1467, LLC
Car Credit Nation
1467 Front Royal Pike
Winchester, VA 22602
Prepared by:
Stowe Engineering, PLC
103 Heath Court
Winchester, VA 22602
IMPACT ANALYSIS STATEMENT
1467, LLC - Car Credit Nation
Introduction
This project involves the rezoning 1.345 acres to B2 for the expansion of an existing small
business. Car Credit Nation (CCN) has been in business for over 25 years on the east side of
Front Royal Pike and has recently purchase two parcels adjacent to their business with the
intent of growing the business.The recently purchased parcels are zoned RA, and CCN desires to
have them rezoned to B2 to match the existing 2.614-acre B2 zoning on the parcel. Access to the
site will be from Front Royal Pike using the existing site entrance. Figure 1 shows the location of
the project and the rezoning area.
The parent parcel of which the proposed B2 area is a part, has been zoned B2 for at least 20
years.The adjacent proposed rezoning area was two lots: one with a single family home and
another undeveloped.
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Proposed B2 w
Figure 1 Project location map
1
The single-family home remains on the site and will be remodeled to house the finance division
of the business. The undeveloped lot in the rear will be used to park cars coming in from
auctions prior to their sale.
The site is bounded by Route 522 (Front Royal Pike)to the west,Winchester Baptist Church to
the north, undeveloped land to the east, and a 10-acre residential lot to the south.
Site Suitability
100 Year Flood Plains—The site is outside of the 100-year flood plain as can be seen in the FEMA
flood hazard mapping shown in Figure 2.
National Flood Hazard Layer FIRMette Z FEMA
76°946V 39.7'33"N
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0 250 500 1.000 1,500 2,000
Basemap:USGS National Map:Orthoimagery:Data refreshed October,2020
Figure 2 Floodplain Map
Wetlands—A desktop review of the US Fish and Wildlife Service's National Wetland Inventory
mapping shows there are no known wetlands on the site. See Figure 3
2
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National Wetlands Inventor Car Credit Nation Rezoning Area Wetland:
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Rezoning Area
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'.' usri raa ane sappenTeam.
0 0.05 0.1 0.2 km
October 17,2022 This map Is for general reference only.The Us Fish and Wildlife
Service is not responsible for the accuracy or currentness of the
Wetlands baee data ahownon this map.Allw I.—relayed data ahold
Freshwater Emergent Wetland Lake be nand in an_with rha laycr—ad-tpnnd nn ma
Wetlands Mapper web site.
Estuarine and Marine Deepwater � Freshwater Forested/Shrub Wetland F-1Other
Estuarine and Marine Wetland Freshwater Pond Q Riverine
WNlanes,n NWry(ppe,
TM1Is-=112—by Me NWt mapper
Figure 3 National Wetland Inventory Map
Steep Slopes— Based on field observations and 5 ft contour mapping provided by the Frederick
County GIS, the site has been found to be generally flat, without any steep slopes.
Mature Woodlands—There are no areas of mature woodlands on the site.
Prime Agricultural Soils—Based on data from the USDA Web Soil Survey, 23.5%of the area to be
rezoned is comprised of Berks channery silt loam soils.The remaining 76.5% is comprised of
Clearbrook channery silt loam soils. Both are classified by the USDA as "Not Prime Farmland".
See Figure 4.
3
Custom Soil Resource Report
>, Soil Map a
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Figure 4 USDA Soils Map
Soil or Bedrock Conditions which would create Construction Difficulties or Hazards—A review of
the USDA Web Soil Survey indicates that the depth restrictive features is 20 to 40 inches in both
soil classifications. If site excavations are required to go that deep, blasting or hoe ramming may
be required.
Surrounding Properties
The proposed rezoning area is bounded by Route 522 (Front Royal Pike)to the west,Winchester
Baptist Church to the north, undeveloped land to the east, and a 10-acre residential lot to the
south. All adjoining property is zoned RA.
Traffic
A traffic impact study has not been required for this rezoning due to its minimal impact on
traffic.The existing house will be remodeled and will serve as the finance division office for Car
Credit Nation. Up to five people will be working in the office to process online transactions, and
two to four customers are expected to visit the office each day.This makes the facility a "Small
Office Building" by ITE (Institute of Transportation Engineers) definition.
4
Table 1 shows the ITE Trip Generation Manual, 11th edition trips that are expected to result from
the finance division moving into the structure.
Trip Generation Report
Car Credit Nation
Frederick County,VA
15-Oct-22
Source:ITE Trip Generation-11th Edition
Land Use Units Amount AM PM ADT
enter exit enter exit enter exit
Small Office Building(712) 1000 SQ FT 1.125 2 0 0 2 8 8
Table 1 Trip Generation
As can be seen,the traffic impact is negligible.
Sewage Conveyance and Treatment
Wastewater from the home site (future finance office)will be collected in the existing septic and
discharged through the existing drain field at the rear of the home.The number of employees
and customers is expected to be very low resulting in minimal wastewater generation.
Water Supply
The existing home (future finance office)will continue to draw water from the onsite well.The
number of employees and customers is expected to be very low resulting in minimal wastewater
generation.
DrainUe
Drainage from the site flows to the south to Opequon Creek. Post-development drainage from
the site will be routed through stormwater management facilities to control the quantity and
quality of stormwater leaving the site.
Solid Waste Disposal Facilities
Collection of solid waste will occur through on-site dumpsters and private haulers.The Civil
Engineering Reference Manual, 4th edition, uses a solid waste generation rate of 5.4 cubic yards
per 1,000 square feet of floor area annually. Applying this rate, 1,125 sf finance division will
5
generate 6.1 cubic yards of solid waste per year.The solid waste will be transferred to the
Frederick County Landfill Facility by private licensed commercial carriers.
Historical Site and Structures
A review of the online Virginia Dept. of Historic Resources records did not show any historic
architectural or archeological sites in the proposed rezoning area. One site was observed which
is site 138-5005, identified as Route 11, Route 522 with no further information available.
Virginia Dept.of Historic Resources
V-CRIS
Virginia Cultural Resource Information System
Legend
Arcli tectute Labels 138-5005
9 Public View Architecture Points
Q Public View Historic Districts
County Boundaries
p
N
Title:Car Credit Nation Date:10/17/2022
DISCLAIMER.'Recordsofthe Virginia DepartmentofHis d,Resources(DHR)have beengatheredovermanyyearsfromavarietyofsources an dtherepresentation
Feet depicted iso tomo!anve view of field observmtans ovzr time and my no[reJlectcurren(ground conditlons.The map isfw generali minion pu>poses a"d,no(
intenI df7 engirseering,legal a other site-�chc uses.Map my cortfairt errors and is provided"os-is".More informaiiort is available irs IM.RArohives located at
050 1®0 DHR's Richmond fce
1:2,257/1"=188 Feet Naiire fAEgt-Loc%i of 2h3-5gs' may be sensi—he Naffonal Histone Preservation Acf(NHPA),andiheArchaeologmal Resources Prwectmrt Acf
(ARPA)and Cade ofV-rginia§I.2-3705.7(10).Rd—fpm Locations my threaten archaeological sites and historic resources.
Figure 5 VA Department of Historic Resources Map
Impact on Community Facilities
Educational Facilities—This project will not add children to the school system.
Emergency Services—Police protection will be provided by the Frederick County Sheriff
Department. The property is in the first response area for the Millwood Fire and Rescue station.
Therefore, response times from the station to the site are reasonable.
6
Parks and Recreation—This project will not add to the population of Frederick County and,
therefore, will not increase the demand for Parks and Recreational services.
Solid Waste—As previously stated,the site will generate 6.1 cubic yards of waste per year.
Waste will be collected in private bins and transported by private haulers to the Frederick
County land fill.
7
Rezoning Comments
Virginia Department of Transportation
Mail to: Hand deliver to:
Virginia Department of Transportation Virginia Department of Transportation
Attn: Resident Engineer Attn: Resident Engineer
14031 Old Valley Pike 2275 Northwestern Pike
Edinburg, Virginia 22824 Winchester,Virginia 22603
(540) 984-5600
Applicant: Please fill out the information as accurately as possible in order to assist the Virginia
Department of Transportation with their review. Attach three copies of your application form,
location map, proffer statement, impact analysis,and any other pertinent information.
Applicant's Name: Tim Stowe Telephone: 540.686.7373
Mailing Address: Stowe Engineering,PLC
103 Heath Court
Winchester,VA 22603
Location of property: 1467 Front Royal Pike
Winchester,VA 22602
Current zoning: RA Zoning requested: S2 Acreage: 1.345
Virginia Department of Transportation Comments:
_The documPntatmn within the appheatmn to rezone,t lm-pm ep�t(76-(Q)-4)from RA to�nears to
have little impact on Route 622, Front Royal Pike- This route is the VDOT roadway which has been
considered as the access to the property referenced• VDOT is satisfied the transportation proffers
offered in the 1467, LLC Car Credit Nation rezoning application dated November 3,2022 address
transportation concerns associated with this request- VDOT appreciates the opportunity to provide
input on this potential rezoning- Please feel free to contact me at 540-534-3214 if you have any
_questions or concerns-
VDOT Signature& Date: 2 u Z2
Notice to VDOT- Please Return Form to Applicant
21
Lord Fairfax Health District
LORD Frederick/Winchester Environmental Health // VIRGINIA
FAIRFAX 107 North Kent Street-Suite#201 DEPARTMENT
Winchester, Virginia 22601 OF HEALTH
HEALTH DISTRICT Tel. (540) 722-3480 - Fax (540)722-3479 Protecting You and Your Environment
www.vdh.vir ig nia.gov
November 14, 2022
Stowe Engineering, PLC
103 Heath Court
Winchester, VA 22603
RE: Request for Comments
1467 Front Royal Pike Winchester, VA 22602
Frederick Co. TM# 76-A-4
Dear Mr. Stowe,
I have reviewed your request and offer the following comments;
1. Frederick-Winchester Environmental Health has no objections to the rezoning 1.345
acres to B2 to match the existing B2.
2. It is my understanding that the structure designated as 1481 Front Royal Pike is proposed
to be remodeled to house the finance division of the business and that the rear of the lot is
proposed to be used as parking for vehicles coming in for auction. As you are aware the
structure is connected to a conventional onsite site sewage system (COSS) and private
well. This office has not been able to locate a construction permit of record of inspection
for the COSS or private well. At this time we can't determine the system design or
provide any rating with respect to the daily sewage flow the system can accommodate.
Based on a map I was able to print from GIS (copy included), it appears the drainfield
consists of 6 trenches of an undetermined length (approx. 100 ft., 9' c-c). A private
Onsite Soil Evaluator (OSE) could perform a Safe, Adequate and Proper (SAP)
evaluation to assist with determining the design flow. If we knew the name of the
original owner of the dwelling built in 1959, we could search our records again for the
permit. The system design would have to be able to accommodate 15 to 35 gallons per
day per 8 hour shift for each employee working in the building. In addition, there should
be no vehicle traffic over the existing septic tank and drainfield.
3. The existing private well could be used as long as it serves less than 25 of the same
persons at least 60 days out of the year. If the well would serve more than 25 of the same
persons, the well would have to be regulated by the Virginia Department of Health Office
of Drinking Water (ODW). The ODW office serving Frederick County is the Culpeper
Field Office.
If you have any questions, please contact me at (540) 722-3480.
A
ully,
is
mental Health Manager
Property Map - Frederick County, VA
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Frederick County Information Technologies "
107 N Kent St Winchester,VA 22601 w+a
540-665-5614 s g'
Frederick County does not give any expressed orimphadwanendes, 0 25 50 100 Feet
conditions,representations,hdemnfiasofany kind,statutory,or I I I
otherwise,concerning any oral/of the Frederick County GIS data. 1:600
'f
Rezoning Comments j
Frederick Water
Mail to: Hand deliver to:
Frederick Water Frederick Water
Attn: Engineer Attn: Engineer
P.O. Box 1877 315 Tasker Road
Winchester, Virginia 22604 Stephens City, Virginia
(540) 868-1061.
_..._
Applicant: Please fill out the information as accurately as possible in order to assist the agency with their
review. Attach a copy of your application form, location map, proffer statement, impact analysis,;
and any other pertinent information.
... ...... _..... ...._
Applicant's Name: Tim Stowe Telephone: 540.686.7373
Mailing Address: Stowe Engineering,PLC
103 Heath Court
Winchester,VA 22603
Location of property: 1467 Front Royal Pike
Winchester,VA 22602
Current zoning: RA Zoning requested: s2 Acreage: 1.345
Frederick Water Comments:
NQ Eer�r�c�rr; G,II�L /Jor �E sttyr9� �,� ,
lC/AGp e-,ci c vr- aa tls-z E lS77N*- PRIv �NS�T
6 �� SPTe �l��gi.Ji7c.�
Frederick Water Signature & Date: < « IN Notice
2--
Notice to Frederick Water-Please Return This Form to the Applicant
26
RECEIVED
NOV 0 3 ton
Rezoning Comments
Frederick County Department of Public Works
Mail to: Hand deliver to:
Frederick County Dept. of Public Works Frederick County Dept. of Public Works
Attn: Director of Engineering Attn: Director of Engineering
107 North Kent Street 107 North Kent Street
Winchester, Virginia 22601 Suite 200
(540) 665-5643 Winchester,Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the Department of
Public Works with their review. Attach a copy of your application form, location map, proffer
statement,impact analysis,and any other pertinent information.
Applicant's Name: Tim Stowe Telephone: 540.686.7373
Mailing Address: Stowe Engineering,PLC
Winchester,VA 22603
Location of property: 1467 Front Royal Pike
Winchester,VA 22602
Current zoning: RA Zoning requested: B2 Acreage: 1.345
Department of Public Works Comments:
We o f� Yj o 67 ZZ� 6yvy./ LeO�-' Me-7 r4
Public Works Signature&Date: " 'Z" �- Z Z
Notice to Dept. of Public Works-Please Return This Form to the Applicant
22
RECEIVED hf0y 0 7 2012
Rezoning Comments
Frederick County Fire Marshal
a tir
Mail to: Hand deliver to:
Frederick County Fire Marshal Frederick County Fire&Rescue Dept.
1800 Coverstone Drive Attn: Fire Marshal
Winchester,Virginia 22602 Public Safety Building
(540) 665-6350 1800 Coverstone Drive
Winchester, Virginia
Applicant: Please fill out the information as accurately as possible in order to assist the Frederick County
Fire Marshal with his review. Attach a copy of your application form, location map, proffer
statement,impact analysis, and any other pertinent information.
Applicant's Name: Tim Stowe Telephone: 540.686.7373
Mailing Address: Stowe Engineering,PLC
103 Heath Court
Winchester,VA 22603
Location of property: 1467 Front Royal Pike
Winchester,VA 22602
Current zoning: RA Zoning requested: B2 Acreage: 1.345
Fire Marshal's Comments:
5Ee Tif Efl
Fire Marshal's Signature &Date:
Notice to Fire Marshal-Please Return This Form to the Applicant
23
Frederick County Fire and Rescue Department
� E Office of the Fire Marshal
grc+s cv 1080 Coverstone Drive
n
Winchester, VA 22602
LL.:
Phone: 540-665-6350 Fax: 540-678-4739
�F RGA . fmo@fcva.us
Plan Review
Rezoning
Status: Approved
Business Name
Car Credit Nation
1467 Front Royal Pike
Winchester, Virginia 22602
Engineering Firm : Printed Date: 11/28/2022
Stowe Engineering
,'de—neral Information
Received Date: 11/07/2022 Occupancy Type: Business, mercantile
Review Begin Date: 11/28/2022 Property Use: Auto/boat
Review End Date: 11/28/2022 sales,service,repair
Hours: 0.5000 Activity Number: 1111068
Review Cause: Application
Activity D-
Project Name Rezoning Application
Comments:
Smoke Alarms, Portable Fire Extinguishers,and Egress illumination shall be installed in the existing structure when the use group changes
and the structure is ready to be occupied.
Adam Hounshell
Lieutenant/Assistant Fire Marshal
Page 1 of 1
From: Rod Williams
To: Tim Stowe
Cc:
Subject: FW: "[External]"RE: Car Credit Nation rezoning
Date: Tuesday, December 20,2022 1:02:57 PM
Attachments: imaae001.ioa
1260.0 Car Credit Nation rezonina proffer 12-15-22.docx
Dear Tim,
I have reviewed the revised proposed proffer statement, dated December 15,
2022, and find it acceptable as to form, to meet legal requirements. Review of the
substance of the proffer statement remains subject to staff and Planning Commission
comment.
Best,
Rod
From:Tim Stowe <
Sent: Thursday, December 15, 2022 8:31 AM
To: Rod Williams <rwillia@fcva.us>
Subject: '[External]'RE: Car Credit Nation rezoning
Rod,
In response to your letter dated 11/14/22, our conversation,and my subsequent conversation
with the Zoning Administrator,the proffers for the subject project have been revised and are
attached for your review and approval.
Thank you
From: Rod Williams
Sent: Monday, November 14, 2022 3:18 PM
To:Tim Stowe m>
Cc: Wyatt Pearson < s>;John Bishop < >;Tyler Klein
Subject: Car Credit Nation rezoning
Tim —Attached please find my comment letter for this matter.
Rod
Roderick B. Williams
County Attorney
Frederick County, Virginia
107 North Kent Street
Winchester, Virginia 22601
540-722-8383
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: 1467, LLC
Specific Contact Person if Other than Above: Chris Maher, Jr
Address: P.O. Box 1414, Winchester, VA 22604 7914
Telephone: 540-323-7555 Email: chrisjr@carcreditnation.com
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: Stowe Engineering, PLC
Specific Contact Person at Firm: Tim Stowe
Address: 103 Heath Court, Winchester, VA 22602
Telephone: 540.686.7373 Email: timstowe@stowecompanies.com
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.
12
4. Project Name (if any): Car Credit Nation Rezoning
5. Property Information:
a. Property Identification Number(s): 76-A-4
b. Total acreage of the parcel(s): 3.959
c. Total acreage of parcel(s)to be rezoned (if other than whole parcel(s) is being rezoned):
1.345
d. Current zoning designation(s) and acreage(s) in each designation:
1.345 = RA; 2.614 = B2
e. Proposed zoning designation(s) and acreage(s) in each designation:
1.345 ac to B2 to match existing B2
f. Magisterial District(s): Shawnee
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):
1467 Front Royal Pike, Winchester, VA 22602
h. Adjoining Properties:
Parcel ID Number Use Zoning
76-1-A1 residential RA
76-1-C agriculture RA
76-A-5C undeveloped RA
76-A-2 church RA
64-A-24 undeveloped RA
76-A-8 undeveloped RA
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.
13
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.
Chris Maher, 103 Derrynan Ct, Winchester, VA 22602
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
14
8. Signature(s):
I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of Supervisors to amend the zoning ordinance to change the zoning map of
Frederick County, Virginia. I(we) authorize Frederick County officials to enter the property
for site inspection purposes.
I(we)understand that the sign issued when this application is submitted must be placed at
the front property line at least seven days prior to the Planning Commission public
hearing and the Board of Supervisors public hearing and maintained so as to be visible
from the road right-of-way until the hearing.
I(we)hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our)knowledge.
Owner: Date
If signing on behalf of an entity, please state name of entity and your title:
Owner: Date
If signing on behalf of an entity,please state name of entity and your title:
Other Applicant Party (if any): Date 11/3/22
If signing on behalf of an entity,please state name of entity and your title:
Car Credit Nation, POA
If additional signature lines are necessary, such as if more than two persons are owners,
please use additional copies of this page.
15
Special Limited Power of Attorney
County of Frederick,Virginia
Frederick Planning Website: ®fcva-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 These Presents That:
1467,LLC
Name of Property Owner/Applicant
Please note: If the property owner/applicant is an entity,the name of the entity should appear above.
If multiple persons own the property or are applicants,an executed power of attorney from each owner will be needed.
1467 Front Royal Pike,Winchestester,VA 22602 540.323.7555
Mailing Address of Property Owner/Applicant Telephone Number
as owner of,or applicant with respect to,the tracts)or parcel(s)of land in Frederick County,
Virginia,identified by following property identification numbers:
76-A-4
do hereby make,constitute,and appoint:
Tim Stowe,Stowe Engineering,PLC
Name of Attorney-In-Fact
103 Heath Court,Winchester,VA 22602 540.686.7373Tel
Mailing Address of Attorney-In-Fact Telephone Number
to act as my true and lawful attorney-in-fact for and in my name,place,and stead,with the same
full power and authority I would have if acting personally,to file and act on my behalf with respect
to app ' ion with Frederick County,Virginia for the followin ,for the above identified property:
✓ Rezoning ✓ Subdivision
Of Conditional Use Permit Site Plan
✓ Master Development Plan(prelim.or final) Variance or Zoning Appeal
and,further,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 appointment shall expire one year from the day that it is signed,or at such sooner time as I
otherwise rescind r modify it.
Signature
Title(if sign g on beh entity) of t
State ofy�� f %.CA_ County/City of �fiYl ,To wit:
SreLL (-,- (Y1t �f"&hp—a Notary Public in and for the jurisdiction aforesaid,certify that
the person who signed the foregoing instrument personally appealed before me and has acknowledged the
same before me in the jurisdiction aforesaid this--r,�day of V 20
H., f- .It– m' /. my Commission Expires:
Notary Public Registration Number:
BREANNA MICHELLE MAHER
NOTARY PUBLIC
REG.#7929593
13001.1374 o
cn
Consideration:$1,700,000.00 Document Prepared By: ry
Assessed Value:$1,171,100.00 Lawrence M.Schonberger VSB#28317
TAX ID No:76-A-4&76-A-3A Sevila Saunders Huddleston&White,P.C.
Grantee Address: 30 N.King Street,Leesburg,VA 20176
1467 Front Royal Pike File No.42698
Winchester,VA 22602 Title Underwriter:Stewart Title Guaranty
This Deed, made September zo 2013, by and between 1467 REALTY
ASSOCIATES,LLC,a Virginia limited liability company,Grantor;and 1467 LLC, a
Virginia limited liability company,°Grantee.
WITNESSETH:
That for and in consideration of the sum of Ten Dollars ($10.00), cash in hand
paid, and other good and valuable consideration, receipt of which is hereby
acknowledged, the Grantor does hereby grant, bargain, sell and convey, in fee simple,
with SPECIAL WARRANTY of title,unto the Grantee,all the following-described lots
or parcels of land together with improvements thereon, situate, lying and being in the
County of Frederick,Commonwealth of Virginia:
EXHIBIT A LEGAL DESCRIPTION ATTACHED HERETO AND
MADE A PART HEREOF
This conveyance is made expressly subject to the easements,conditions,
restrictions,and rights-of-way of record contained in the instruments forming the
chain of title to the property conveyed herein and.to matters visible upon
inspection.
i
.......-.- . ....
Witness the following signature and seal. t.?
1467 REAL TY ASSOCIATES,LLC
By: {SEAL}
ary War"anager
Commonwealth of Virginia ;
County of Loudoun )to wit:
The foregoing deed was acknowledged before me on September :ZO 2013
by Gary Ward,Manager of 1467 Realty Associates,LLC.
Notary Public
My Commission Expires: 304 xc/Y
CONMw ION'f?X
NUMBER
n 5126 :'�
O�� 12
��'��M'rtALTH OF���•
2
V I
EXHIBIT A
LEGAL DESCRIPTION
All those certain parcels of land situate, lying and being in the County of Frederick,
Commonwealth of Virginia,and more particularly described as follows--
Parcel
ollows-Parcel One:
All that certain lot or land, together with all .rights of way, appurtenances and
improvements thereon,lying and being situate about three miles south of Winchester on.
the east side of U. S. Highway No. 522, and situate in Shawnee Magisterial District,
Frederick County, Virginia, containing 0.99 acre; more or'less and more particularly
described by plat and survey of Richard U.Goode,C.S.,dated December 31,.1963 and
recorded in the Office of the Clerk of the Circuit Court of Frederick County,Virginia,in
Deed Book 435 at page 51,and being the same property acquired by George L.Miller by
Deed from George K.Russell and Christy M..Russell,his wife,dated November 27,1978
and recorded in the aforesaid Clerk's Office in Deedbook 502 at page 355
Parcel Two:
All that certain tract or parcel of land lying and being situate approximately three(3)
miles south of Winchester on the east side of W. S. Highway No. 522, in Shawnee
Magisterial District, Frederick County, Virginia containing 1.62 acres,more or less on
which the Miller Auto Sales,Inc.,building is presently or formerly located,and being the
same property acquired by George L.Miller and John C.Miller,Partners,t/a George and
John Miller Partnership,a Virginia general partnership,by Deed from Miller Auto Sales,
Inc.,a Virginia corporation, dated November 1, 1979 and recorded in the office of the
Clerk of the Circuit Court of Frederick County,Virginia in Deed Book 516 at page 109.
VIRGINIA:FRdDERICK COUNTY.SCI'.
This instrument of writing was produced to me on 2
at
and with certificate acknowledgement thereto annexed
was admitted to record.Tax imposed by Sec.58.1-802 of
1)j
$ • ,and 58.1-801 have been paid,if assessable
Clerk
22000217"7
N
N
XO
[D
CN
o¢ THIS DEED,made and dated this day of February,2022,by and between
oJAMES T.DILL,party of the first part,hereinafter called the Grantor;and 1467 LLC,a
�
U-
7� U
CO C
Virginia Limited Liability Company,party of the second part,hereinafter called the Grantee.
y
WITNESSETH: That for and inconsideration of the sum of Ten Dollars($10.00),
a o
cash in hand paid and other good and valuable consideration,receipt whereof is acknowledged,
0
Nthe Grantor does hereby grant and convey with general warranty and English covenants of title,
6z CD
o o unto the Grantee,in fee simple,together with all rights,rights of way,privileges,improvements
00 =
00
O N ti
M thereon and appurtenances thereto belonging,all of the following realty:
ID
•: PARCEL A: All of that certain lot or parcel of land situate in Shawnee
o�
z District,Frederick County,Virginia,containing 22,445 square feet,more or less,
Q fronting on the Eastern highway boundary line of the Front Royal Road(aka
N X Pike)Route NO.522,and being more particularly described by that certain plat
C-)a of Lee A.Ebert,C.L.S.,dated December 4, 1958,of record in the Office of the
Clerk of the Circuit Court of Frederick County,Virginia,in Deed Book 255,at
z:;
Page 551 (TMN: 76-A-7).
N
3
PARCEL B: All of that certain lot or parcel of land,South of the City of
L Winchester,situate in Shawnee District,Frederick County,Virginia,a short
E CD distance East of U.S.Highway No. 522,and adjoining there herein above Parcel
m A,containing 0.84 acres,as shown on that certain plat and survey of Richard U.
� Goode,Certified Surveyor,dated December 31, 1963,of record in the Office of
CL
0 3 N the Clerk of the Circuit Court of Frederick County,Virginia,in Deed Book 297,
+ U at Page 218(TMN: 76-A-6);
7 O N =
w o AND BEING the same properties conveyed to James T.Dill,by Deed dated
N December 15,2021,from Wallace Marshall Derry,III,Unmarried,and Robin
E2 Derry White and Roger R.White,wife and husband,recorded in the aforesaid
Clerk's Office as Instrument No.210020866.
c
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Reference is hereby made to the aforesaid instruments and the attachments and the references
therein contained for a more particular description of the property hereby conveyed.
WITNESS the following signatures and seals:
(SEAL)
)�V_T.DILL
STATE OF 'Vi AA flu
CITY/ OUNTY OF ,to-wit:
1, ��s�fra s�,a Notary Public in and for the State and
jurisdiction aforesaid do hereby certify that JAMES T.DILL,whose name is signed to the
foregoing Deed,bearing date of the /'7 day of �2022,has personally appeared
before me and acknowledged the same.
Given under my hand this 17 day of th 2022.
My Commission expires: 10-'3 1 -Q a
My Registration Number is: 139366,
of y Public
SEAL AFFIXED
4 Wynona Lisa Strosnider VIRGINIA:FREDERICK COUNTY,SCT.
Commonwealth of Virginia Thi§instrument of writing was produced to me on
Natery Public •/,�/ n�{
Commission No.138366 D I S I V'y ' _at ,` 91 -
and
'1
My Cornmission Expires 10131/2022
and with certificate of acknowledgement thereto ah-vied
was admitted'ttoo record.Tax imposed by Sec 58.1-802 of
S gO-r and 58.1-801 have been paid,if assessable
Clerk
T A X R E C E I P T - Y E A R 2 0 2 2 - 1st H A Ticket #:00463260001 @@
H
FREDERICK COUNTY Date 6/06/2022
C. WILLIAM ORNDOFF, JR Register: WEB/$$
P.O. BOX 225 Trans. #: 44664
Dept # RE202201
WINCHESTER VA 22604-0225 ACCT# 8024227
2022 REAL ESTATE Previous
1.62 ACRES 76 A 4 Balance $ 3145. 16
Acres: 1.62
Principal Being Paid $ 3145.16
Land: 352800 Imp: 678400 Penalty $ .00
Interest $ .00
1467 LLC Amount Paid $ 3145. 16
PO BOX 1414 *Balance Due
WINCHESTER VA 22604 as of 6/06/2022 $ .00
Pd by 1467 LLC
ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE)