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HomeMy WebLinkAbout005-26 (RezoningBusyBeezDaycare)ORDINANCE • Action: PLANNING COMMISSION: BOARD OF SUPERVISORS: July 1, 2026 July 8, 2026 Recommended Approval Approved AMENDING THE ZONING DISTRICT MAP REZONING #05-26 FOR BUSY BEEZ DAYCARE (CLEAR BROOK RENTALS, LLC) WHEREAS, REZONfNG #05-26 of Busy Beez Daycare (Clear Brook Rentals, LLC) submitted to rezone 0 .56+/-acres from B2 (General Business) Zoning District with proffers to the B2 (General Business) Zoning District with revised proffers to allow for health care services. The property is located at 4489 Martinsburg Pike, Clear Brook and is identified by Property Identification Number 33-A-93 in the Stonewall Magisterial District; and WHEREAS, the Frederick County Planning Commission held a public hearing on this rezoning on July I, 2026, and recommended approval; and WHEREAS, the Frederick County Board of Supervisors held a public hearing on July 8, 2026 ; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of public health, safety, and welfare, and in conformance with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED by the Frederick County Board of Supervisors, that Chapter 165 of the Frederick County Code, Zoning, the Zoning District Map is amended in accordance with Rezoning #05-26 of Busy Beez Daycare (Clear Brook Rentals, LLC) submitted to rezone 0.56+/- acres from B2 (General Business) Zoning District with proffers to the B2 (General Business) Zoning District with revi sed proffers dated May 7, 2026. 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 July 2026 by the following recorded vote: John F. Jewell, Chairman Aye Jason C. Aikens Aye Albert L. Orndorff Aye Robert W. Wells Aye Michael D. Guevremont Aye Gary R. Oates Aye Robert T. Liero Aye A COPY ATTEST No. 005 -26 REZONING #05-26 Clearbrook Rentals, LLC Staff Report for the Board of Supervisors Prepared: July 2, 2026 Staff Contact: Eric Bittner, Planner II Executive Summary: Meeting Schedule Planning Commission: June 3, 2026 Planning Commission July 1, 2026 Action: Deferred Action: Recommend Approval Board of Supervisors: July 8, 2026 Action: Pending Property Information Property Identification Number (PIN) 33-A-93 Address 4489 Martinsburg Pike, Winchester Magisterial District Stonewall Acreage +/- 0.56-acres Zoning & Present Land Use Zoning: B2 (General Business) with proffers Land Use: Commercial Proposed Zoning B2 with revised proffers Adjoining Property Zoning & Present Land Use North: RA (Rural Area) District Land Use: Vacant South: RA (Rural Area) District Land Use: Residential East: RA (Rural Area) District Land Use: Residential West: B3 (Industrial Transition) District Land Use: Automative Repair Proposed Use This is a request to rezone +/-0.56-acres from B2 (General Business) Zoning District with proffers to B2 Zoning District with revised proffers. The proposed proffers would enable “health care services” as a permitted use. Positives Concerns The proposed rezoning does not otherwise change the existing zoning or the property, B2, and remains in conformance with the Comprehensive Plan. The proposed Right-of-Way advances the Eastern Road Plan. The proposed rezoning does not further the land use policies of the NELUP and the designated long range land use category. Page 2 of 4 Review Agency Comments: Review Agency Comment Date Comment Summary Status Virginia Department of Transportation (VDOT) 01/29/2026 “VDOT has no comments on the rezoning.” Frederick Water 2/18/2026 No comment Frederick County Inspections 2/3/2026 “No comment.” Frederick County Public Works 1/29/2026 “No comments- no proposed changes to grading or stormwater infrastructure.” Frederick County Fire Marshal 1/30/2026 “Approved, no existing fire department features to be removed without the permission of the Fire Official.” Frederick County Attorney 02/18/2026 No comment. Legal form. Planning & Zoning Staff Analysis: Site History: A rezoning application (REZ #05-01) was approved by the Board of Supervisors on September 12, 2001, which rezoned the property from the RA (Rural Area) Zoning District to B3 (Industrial Transition) Zoning District and B2 (General Business) Zoning District with proffers, restricting some uses, including health services, and providing a cash proffer to mitigate Fire and Rescue impacts. The existing structure was built in 2011 in conformance with an approved site plan, SP #27-10 . Page 3 of 4 The proposed rezoning would keep the zoning designation, B2, but amend the approved proffer statement to add “health care services” as a permitted use The proposed use was proffered out of being permitted in the previous rezoning but is otherwise already considered a permitted use in the B2 (General Business District). Comprehensive Plan Conformance: The Comprehensive Plan (adopted November 2021) and the Northeast Land Use Area Plan provide guidance on the future development of the subject property. The Plan identifies the subject properties with a “mixed use industrial office” (MUIO) land use designation and as being within the limits of the Urban Development Area (UDA). The Northeast Land Use Area Plan describes the future environment envisioned for the mixes use industrial office. “These areas are intended to develop with targeted growth sectors identified by the County’s Economic Development Authority (EDA), as well as similar industries that are likely to bring higher wages, professional and/or technology jobs. Uses which significantly contribute to air, noise, and light pollution as well as business that create large volumes of truck traffic are discouraged in these areas. Consideration of uses outside the identified targeted businesses should only be considered if they are secondary and complementary to these targeted businesses.” The intent of the B2 zoning district is described in §165-604.01 as: “…[providing] large areas for a variety of business, office and service uses. General business areas are located on arterial highways at major intersections and at interchange areas. Businesses allowed involve frequent and direct access by the general public but not heavy truck traffic on a constant basis other than that required for delivery of retail goods. General business areas should have direct access to major thoroughfares and should be properly separated from residential areas. Adequate frontage and depth should be provided, and access should be properly controlled to promote safety and orderly development. Nuisance factors are to be avoided. …” The proposal for additional allowed use (health care services) does not otherwise further the plan policy for MUIO and is not identified as an EDA targeted industry in the Comprehensive Plan. The B2 Zoning District is also not typically associated with the planned land use. However, given the existing zoning of the property is B2, the proposed rezoning does not otherwise modify the current use of the property as “commercial.” Transportation & Site Access: Martinsburg Pike is identified in the Eastern Road Plan as an “improved major collector,” as part of the rezoning, additional right-of-way for the ultimate condition is proffered to be dedicated. The property has no other road frontage. Page 4 of 4 Proffer Statement, Generalized Development Plan (GDP), & Impact Analysis: Proffers (February 23, 2026) Staff Comment A) Land Use Restrictions Allows “Health Care Services, Including Skilled Nursing Facilities,” as a permitted use. B) Access Management Restricts access to a shared entrance. Proffers 10’ of ROW. C) Structural Development Limitation Restricts building size to 3,000 sq. Ft. D) Monetary Contributions to Offset Impact of Development The proffer statement fully implements the adopted Board of Supervisors policy on monetary proffers for commercial/industrial square footage. Planning Commission Summary and Action From 7/1/2026 Public Hearing The Planning Commission held a public hearing during their regular meeting on July 1, 2026. Discussion primarily centered on the use restrictions included in the proffers and clarifying the need for “health care services” at this location. The Planning Commission recommended unanimously approval of the proposed rezoning application (Commissioners Lamana & Markert – absent). This is a rezoning requiring a public hearing. Following a public hearing, staff is seeking a decision from the Board of Supervisors on this rezoning application. C:. Application C::> Sewer and Water Service Area C:) Parcel s REZ # 05 -26: Busy Beez Daycare PIN : 33 -A -93 Proffer Amendment Location Map 0 35 70 140 Feet Frederick County Planning & Dev e lopm ent I07 N Kent St Wi nchester, VA 22601 540 -665-5651 Map Creat ed : May 14, 2026 C:. Application C::> Sewer and Water Service Area C) Parcel s B2 (General Business D istri ct) -B3 (Industrial Transition District) REZ # 05 -26: Busy Beez Daycare PIN: 33 -A -93 Proffer Amendment Zoning Map 0 35 70 140 Feet Frederick County Planning & Dev e lopment I07 N Kent St Wi nchester, VA 22601 540 -665-5651 Map Creat ed : May 14, 2026 C. Application C::, Sewer and Water Service Area C) Parcel s Long Range Land Use ~ Mixed Use Industrial/Office REZ # 05 -26: Busy Beez Daycare PIN : 33 - A -93 Proffer Amendment Long Range Land Use Map 0 35 70 140 Feet Frederick County Planning & Dev e lopm ent I07 N Kent St Wi nchester, VA 22601 540 -665-5651 Map Creat ed : May 14, 2026 Greenway Engineering Busy Beez Daycare Rezoning File #2624J/MMW 1 PROFFER STATEMENT REZONING: RZ# General Business District (B2) with Proffers to Business General District (B2) with Revised Proffers PROPERTY: 0.56 acres +/-; Tax Parcels #33-((A))-92 & 33-((A))-93 RECORD OWNER: Timothy W. Johnson & Margo D. Johnson (TM# 33-A-92) Clear Brook Rentals, LLC (Timothy W. Johnson) (TM# 33-A-93) APPLICANT: Timothy W. Johnson & Margo D. Johnson and Clear Brook Rentals LLC (here-in after “the Applicant”) PROJECT NAME: Busy Beez Daycare Rezoning ORIGINAL DATE OF PROFFERS: May 9, 2001 REVISION DATE: October 1, 2010 April 8, 2026 May 7, 2026 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 Applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #_____ for the rezoning of 1.89± acres from the Industrial Transition (B3) District with Proffers to the Industrial Transition (B3) District and Business General (B2) District with Revised Proffers, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Applicant and such be approved by the Frederick County Board of Supervisors in accordance with 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 this Applicant and their legal successors, heirs, or assigns. These proffers are a conditional zoning amendment to Rezoning #0-10 of Timothy W. Johnson, approved by the Frederick County Board of Supervisors on November 10, 2010. The subject properties are more particularly described as the land owned by Clear Brook Rentals, LLC being all of Tax Map Parcel 33-((A))-93 and further described by Greenway Engineering Busy Beez Daycare Rezoning File #2624J/MMW 2 Instrument No. 100001314, and the land owned by Timothy W. Johnson & Margo D. Johnson being all of Tax Map Parcel 33-((A))-92 and further described by Instrument No. 060001525, and are further described by the Boundary Survey Plat prepared by W. Stuart Dunn, L.S., dated June 6, 1996 and recorded as Deed Book 860 Page 1476 (see attached Boundary Survey Plat). PROFFERED CONDITIONS A.) Allowed Uses 1)The following land uses shall be permitted within the B-2, Business General District on tax map parcel 33-((A))-93: Broad casting and Content Providers. Services to buildings and Dwellings including Pest Control, Janitorial Services and Carpet Cleaning Services excluding Landscape Services and Production Sterilization. Personal and Household Goods Repair and Maintenance excluding Motorcycle Repair. Adult and Child day-care facilities. Religious, Grantmaking, Civic, Professional and Similar Originations. Self-service storage facilities. Public Administration and Government Support Buildings, including Fire and Ambulance Services. Public Utility excluding energy-generating facilities. Health Care Services including Skilled Nursing Facilities All other land uses within the B-2, Business General District shall not be permitted on tax map parcel 33-((A))-93 unless approved through a subsequent conditional zoning amendment. B.) Access Management 1.) Tax map parcels 33-((A))-93 shall be served by the existing commercial entrance on Martinsburg Pike (U.S. Route 11). 2.) The Applicant hereby proffers to dedicate required right-of-way along the Martinsburg Pike (U.S. Route 11) frontage of tax map parcel 33-((A))-93 to accommodate the future widening of this corridor. This one time right-of-way dedication shall not exceed 10 feet in width and shall occur subsequent to the final Martinsburg Pike design plan approval. The Applicant shall provide the required right-of-way dedication within 90 days of written request by Frederick County and/or VDOT. Greenway Engineering Busy Beez Daycare Rezoning File #2624J/MMW 3 C.) Structural Development Limitation 1.) Tax map parcel 33-((A))-93 shall be limited to a maximum structural area of 3,000 square feet for all land uses, exclusive of self-service storage facilities, identified in Section A(1) of the proffer statement. D.) Monetary Contribution to Offset Impact of Development The Applicant hereby proffers that in the event rezoning application #_____ is approved, the undersigned will pay to the Treasurer of Frederick County, Virginia $0.10 per square footage of structural area developed subsequent to approval of this rezoning application. This monetary contribution is intended to offset impacts to fire and rescue services and will be paid prior to issuance of an occupancy permit for the first land use constructed on tax map parcel 33-((A))-93. Please refer to Page 4 and Page 5 of the Proffer Statement for Notarized Owner Signatures E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner of tax map parcel 33- ((A))-93. 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: Timothy W. Johnson Date By: Greenway Engineering Busy Beez Daycare Rezoning File #2624J/MMW 4 Margo D. Johnson 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 E.) Signatures The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in the interest of the Applicant and owner of tax map parcel 33- ((A))-92. 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: Clear Brook Rentals LLC (Timothy W. Johnson) Date Greenway Engineering Busy Beez Daycare Rezoning File #2624J/MMW 5 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 REZONING APPLICATION FREDERICK COUNTY, VIRGINIA Submittal Deadline P/C Meeting BOS Meeting 1. Property Owner(s) (please attach additional page(s) if more than two owners): Name: Clear Brook Rentals LLC Specific Contact Person if Other than Above: _T_im_o_t_hy_Jo_h_n_s_on ________ _ Address: 141 Sister Chipmunk Lane , Clear Brook, VA 22624 Telephone: Email: Name: ___________________________ _ Specific Contact Person if Other t h an Above: ______________ _ Address: __________________________ _ Telephone: ________ _ Email: ___________ _ 2. Other Interested Parties (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: Greenway Engineering , Inc Specific Contact Person at Fi r m: _M_a_r_is_a_W_h_it_a_cr_e _____________ _ Addres s: 151 Windy Hill Lane , Winchester , VA 22602 12 Telephone: 540-662-4185 Email: mawhitacre@greenwayeng.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. 4. Project Name: Busy Beez Daycare 5. Property Information: Property Identification Number(s): 33-A-93 Total acreage of the parcel(s): .56 Total acreage of the parcel(s) to- be-rezoned: .56 Current zoning designation(s) and 33-A-93 (B2, 0.56 acres) acreage(s) in each designation: Proposed zoning designation(s) to add use to PIN 33-A-93 and acreage(s) in each designation: Magisterial District(s): Stonewall 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): 4489 Martinsburg Pike, Clear Brook Is this property within½ miles of the Town of Stephens City, the Town of Middletown, the City of Winchester, Clarke County, or Shenandoah County (specify which): no 13 Adjoining Properties: Zonina: Use: North: RA Vacant South: RA Residential East: RA Residential West: B3 Automotive Repair 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. 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. 14 I (we) understand that the sign issued when this application is submitted must be placed at the front property line at leas t seven days prior to the Planning Commission public hearing and the Board of Supervisors public hearing and mai ntained so as to be v isible from the road right-of-way until the hearing. I (we) hereby certify that this appl ication and its accompanying mate ri als are t r ue and accurate to the best of my (our) knowledge. Owner: Date If signing on behalf of an entity, please state name of enti ty and yo ur ti t le: Owner: Da te '-I /IO /2 t Z (p I I If of an entity, please state name of entity and your title : Other Applicant Party (if any): _________ _ Date ____ _ If signing on behalf of an entity , please state name of entity and your t itle: If additional signature lines are necessary, such as if more than two peop le are owners, please use additiona l copies of this page. *A signed Power of Attorney form is required if someone is signing on the o wner(s) behalf 1 5 Adjoining Property Owners Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For 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. These can be obtained from Frederick County's GIS Interactive Maps. *The Town of Stephens City, Middletown, the City of Winchester, Clarke County, or Shenandoah County shall be notified if the proposal is within ½ mile of their boundary. Name and Property Identification Number Address Name Timothy & Margo Johnson 141 Sister Chipmunk Lane Property # 33-A-92 Clear Brook, VA 22624 Name Phillip & Kimberly Roby 4478 Martinsburg Pike Property# 33A-1-19 Clear Brook, VA 22624 Name Phillip & Kimberly Roby 4478 Martinsburg Pike Property # 33A-1-18 Clear Brook, VA 22624 Name Krista Ledane & Amy Whitacre 4481 Martinsburg Pike Property # 33-A-94 Clear Brook, VA 22624 Name Property# Name Property# Name Property# Name Property# Name 16 ')° 5 r,, r,;o t:: {t4"'' f.J' • 1i.:t' \.Y ! cl' 0 , OWNER'S CERTIFICATE The attached plat entitled "Boundary Survey of the Land of Timothy W. Johnson and Margo D. Johnson [Tax Map 33-A-92] & Clear Brook Rentals, LLC [Tax Map 33-A-93] " made by Jon Gilmore, Land Surveyor, Marsh & Legge Land Surveyors, PLC, of Winchester, Virginia, dated February 26, 2021, of 0.5674 acres [and creating an ingress/egress easement, well easement, and utility easement] being situated at 4489 Martinsburg Pike [Tax Map 33-A-93) in Stonewall Magisterial District, Frederick County, Virginia, being the same land conveyed to Clear Brook Rentals, LLC by deed of record in the Frederick County Clerk's Office as Instrument No. 100001314; and the attached plat is hereby confirmed by the undersigned owner and submitted for record in the aforesaid Clerk's Office. DATED the 11th day of_~.Twu ... oc..e ___ ~, 2025. STATE OF VIRGINIA, AT LARGE, CITY/~ OF WINCHESTER CLEAR BROOK RENTALS, LLC Owner [TM 33-A-93] to-wit: I, Constance L. Hicks a Notary Public in and for the State and Jurisdiction aforesaid, do hereby certify that TIMOTHY W. JOHNSON, Owner/Manager of CLEAR BROOK RENTALS, LLC, whose name is signed to the foregoing Owner's Certificate, has personally appeared before me in my State and Jurisdiction aforesaid and acknowledged the same. Given under my hand this ..11.t!Jday of ___ ,,_Jun""'""e"----2025. My Commission expires ----"'0"-8'--'/3"'1"-'/_.2'""0"'2""'6 ______ _ I 7677-164 ~BY/crnj 100001314 .,,, ,t-11 THIS DEED, made and dated this /;y..,-day of February 2010 by and between TIMOTHY WILLIAM JOHNSON and MARGO D. JOHNSON, husband and wife, ~ 1 hereinafter called the Grantors, and CLEAR BROOK RENTALS, LLC, a Virginia Limited "' "' ~ Liability Company, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars ($10.00), cash i 1;i in hand paid and other valuable consideration, receipt whereof is hereby acknowledged, the f-< Grantors do grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, together with all rights, rights of way, privileges improvements thereon and appurtenances thereto belonging, all of the following realty: All of that certain lot or parcel ofland, together with all rights, rights of way, privileges, improvements thereon and the appurtenances thereunto belonging, lying and being situate along the Western side of the Martinsburg Pike, U.S. Highway No. 11, in Stonewall Magisterial District, Frederick County, Virginia, designated as Lot 93, containing 0.5674 acres, as shown on that certain plat and survey ofW. Stuart Dunn, L.S., dated June 6, 1996 of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, in Deed Book 860, at Page 1476. AND BEING a portion of the property conveyed to Timothy W. Johnson and Margo D. Johnson, husband and wife, by Deed of Gift from Timothy W. Johnson, dated January 24, 2006 of record in the aforesaid Clerk's Office as Instrument Number 060001525. Reference is hereby made to the aforesaid instruments for a more particular description of the property herein conveyed. This conveyance is made subject to all legally enforceable restrictive covenants and easements of record affecting the aforesaid realty. The Grantors do hereby covenant that they have the right to convey to the Grantee; that the Grantee shall have quiet and peaceable possession of the said property, free from all liens and encumbrances; and they will grant such further assurances of title as may be requisite. I a WI1NESS the following signature and seal: STATE OF VIRGINIA CITY/COUNTY oFuln c.,/2P4fl/t ) , To-wit: The foregoing instrument was acknowledged before me this 2010 by Timothy W. Johnson and Margo D. Johnson. 0 lC C) w CJ1 SEAL) -Iii / ;J.. -day of February My Commission Expires: Notary Registration #: VlRulNlA: FREDERICK COUNTY.SCT. This instrument ofwritingwas produced to me on 2-l~·ZOID a1 /~ • ..:y_ Cl?'} and with certificate acknowledg~mcnt ther~nnexed was admitted to record. Tax imposed by Sec. 58.1-802 of $ Exempt , and 58.1-801 have been paid, if assessable. ,aerk 2 • ·:LEGEND RF -REBAR FOUND · ·.RS -REBAR SET-• PF -PIPE FOUNO • PKS -'PK NAIL SEJ W -WELL CAP TAX MAP J3-A-95 CLEAR BROOK RENTALS, LLC INST. #100001313 • EASEMENT LINE· DATA· LINE BEARING . DISTANCE L1 S 12'50 35·· W 12.86 L2 • S 12'50'36" W 42.93' t3 N .43'51'5T'W. 24.37 . L4· N 78'47'51'.' W 85.87' L5. S 11'12 09" W 5.20'. L6 N 78'47 51" W 7:00' L7 N 11i2'09'' E 5.20' LB N-78'.47'.51" W 17.69' l:9 . N 86'21'09" W 117.38' l10 N 11'5310"-E. 23.39' : U 1 S 86'33 54·· E 126.12 L12. s. 78'47'.51" E • 109,54' L13 N 84'40'04" E· 13.92 , . . , ~\ gl I. t.'\ · TAX MAP 33-A-92 ~ · .1 ;3242 ACRES lil' INSTRUMENT #060001525 , t I I "'? \ '1! n I I R/r,_.;_S 12'50'36" W-17500, : 2~,;! 5.00' ·PFl ' PKS • ~ s;: x . • : 100.00'. 71ioi --~~ I I ,I-, l~z,, • I' I TAX.MAP. I I I 05(,J Oivl ·\ . \ 33-A-93 \ 1 I ~ ~ t 0.5674 I ·\ ..... ~ ~ • , .. AcREs 1~ ·s,Ul '6 I z I INSTRUMENT I I I;::; ► NOJES ·1. NO· TITLE REPORT FURNISHED; THEREFORE, EASEMENTS: OR ENCUMBRANCES. 'AFFECTING THE PROPERTY REPRESENTED".SY. THIS SURVEY MAY EXIST THAT ARE'NOT SHOWN ON THIS-PLAT. I . 5\ #100001314. \ ;·, I;;;· ui I I':' ___. ·v!. r---, I • • -;,:;;:J> C.1\ t.,.,I t;5~ffiX _...,I ;{J t ~ I :--<-<~~ ~I if::• r-_,..•\ I 2. THE.LOCATIONS OF UNDERGROUND UTILITIES OR OTHER SUBSURFACE IMPROVEMENTS, II': 'ANY, "WERE NOT ASCERTAINED; THEREFORE, ARE NOT SHOWN .. \ ~>'r.: ·,_,, : ~~o, ~!, 1 §1::,;y ~ ;= tsT1 ~~ :cc . I N ---<0► U1 0 II : ~: 3. THE INFORMATION SHOWN ON THIS PLAT JS BASED ON AN ACTUAL FlEl:D SURVEY COMPLETED UNDER MY SUPERVISION ON 16 FEBRUARY 2021. EGRESS AND .,.. i;! ~ I WELL I . ;:;I !z! -L I EASEMENT I I O --< GRAPHIC SCALE 60' · '1 HEREBY ) -___ RS _CREATED¢/ C US R . • --' L2 v> o· 120' • • oure 11 100.00· --~L~l~RF;:--~ MARTINSBURG PIKE S 12·50'35• w SCALE : 1" = 60' (VARIABLE WIDTH R/WJ BOUNDARY: SURVEY'OF THE LAND OF TIMOTHY W. JOHNSON & MARGO D. JOHNSON • [TAX MAP 33-A-92}. & CLEAR BROOK.RENTALS, LLC -[TAX MAP 33-A-93} STONEWALL MAGISTERIAL· DISTRICT FREDERICK COUNTY, VIRGINIA DRAWl-j BY: ·JTG DWG. NAME: '12236-PLA T SHEET' 1 OF 1 ~. Marsh Ji Legge·Land·Surveyors, P.L.C. . . . 560 NORTH LOUDOUN STREET WINCHESTER; VIRGINIA 22601 • • PHONE (540) .. 667-0468 FAX (540) 667-0469 • . EMAIL office@marshandlegge.com DA TE: 02/~6 /2021 Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Busy Bee Daycare Proffer Amendment .56 33-A-93 4498 Martinsburg Pike B2(with proffers) B2(with Proffers) eric.bittner@fcva.us Andrew Fox (andrew.fox@fcva.us) The proffer statement meets the requirements of the Frederick County Zoning Ordinance and the Code of Virginia and is legally sufficient as proposed for recordation. 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 is being undertaken by staff and the Planning Commission. 4 4 D D D D D B D D D D D □ □ Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Busy Bee Daycare Proffer Amendment .56 33-A-93 4498 Martinsburg Pike B2(with proffers) B2(with Proffers) eric.bittner@fcva.us Ryan Spielman joseph.spielman@vdot.virginia.gov VDOT has no comments on this proposed rezoning. 4 4 D D D D D B D D D D D □ □ ~~©~D\TI~~1 APR t 3 2026 ~ REQUEST FOR REZONING COMMENTS Project Name: Busy Bee Daycare Proffer Amendment Acreage: _.s_s __ _ PIN(s): _33_~_~_3 ____ _ Address (or general location): ~artinsburg Pike ~°I Existing Zoning District: _B.....:2(_wi_th "'""pro_tte_rs .... J ___________ _ Proposed Zoning District _B.....:2(w_it_h_P_roff_e_rs..:..) ___________ _ Staff Name (Email Address): _en_·c_.b_ittn_e....ar@;a..fcv_a_.u_s __________ _ Agency Name Completing Comments (select one): D Frederick Water D Virginia Department of Transportation D Winchester Regional Airport D Virginia Department of Health D Historic Resources Advisory Board Frederick County (FC) Public Schools FC Public Works , FC Inspections FC Fire Marshal FC Parks & Recreation 8 FC County Attorney Other (Specify): _______ _ Reviewer Name (Email Address): Review Agency Comments: 'Comments that may not Iii in the box should be attached to the cover sheet on agency or depattment letterhead. Resubmission to address comments requested? Y il or NI Frederick County Fire and Rescue Department Office of the Fire Marshal 1080 Coverstone Drive Winchester, VA 22602 Phone: 540-665-6350 Fax: 540-678-4739 fmo@fcva.us Plan Review Rezoning Busjness Name Busy Beez Daycare LLC 4489 Martinsburg Pike Clear Brook, Virginia 22624 Engineering Firm: Greenway Engineering Received Date: 04/13/2026 Review Begin Date: 05/12/2026 Review End Date: 05/12/2026 Hours: 1.0000 Comments: Occupancy Type: Property Use: Activity Number: Review Cause: Any changes of use, altering of egress, or altering of fire protection systems shall be approved. Adam Hounshell LieutenanUAssistant Fire Marshal Status: Approved Printed Date: 05/12/2026 Educational Daycare 10410236 Application Page 1 of 1 Project Name: ________________________________________________ Acreage: ___________ PIN(s): __________________ Address (or general location): Existing Zoning District: ____________________________________________ Proposed Zoning District: ___________________________________________ Staff Name (Email Address): _________________________________________ Agency Name Completing Comments (select one): ____ Frederick Water ____ Virginia Department of Transportation ____ Winchester Regional Airport ____ Virginia Department of Health ____ Historic Resources Advisory Board ____ Frederick County (FC) Public Schools ____ FC Public Works ____ FC Inspections ____ FC Fire Marshal ____ FC Parks & Recreation ____ FC County Attorney ____ Other (Specify): ________________________ Resubmission to address comments requested? Y _____ or N _____ REQUEST FOR REZONING COMMENTS Reviewer Name (Email Address): _____________________________________________________ Review Agency Comments: *Comments that may not fit in the box should be attached to the cover sheet on agency or department letterhead. Busy Bee Daycare Proffer Amendment .56 33-A-93 4498 Martinsburg Pike B2(with proffers) B2(with Proffers) eric.bittner@fcva.us 4/15/2026. John Lee. Johnathan.Lee@fcva.us Change of use permit application needs to be applied for and obtained. New C.O will be issued upon approval of permit. 4 4 D D D D D B D D D D D □ □ Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Website: www.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: Clear Brook Rentals 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 ~~ 141 Sister Chipmunk Lane, Clear Brook, VA 22624 ~ Mailing Address of Property Owner/Applicant Telephone Number as owner of, or applicant with respect to, the tract(s) or parcel(s) of land in Frederick County, Virginia, identified by following property identification numbers: 33-A-93 do hereby make, constitute, and appoint: Greenway Enginering, Inc Name of Attorney-In-Fact 151 Windy Hill Lane, Winchester, VA 22602 540-662-4185 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 application with Frederick County, Virginia for the following, for the above identified property: ~ Rezoning § Subdivision Conditional Use Permit Site Plan Master Development Plan (prelim. or final) Variance or Zoning Appeal Subdivision Appeal or Waiver/Exception 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 or modif • ,0-County/~f--1....J....::!~~-=====-------' To wit: ,, ,,,," ,u ,,,,, I .I ,,,,,, l~F.~ET~1 '1,, • • . . . . . . -~~~--~l~_Ch __ d~--l'"-=''~~~~-~ot.a1.r~c m and for the Junsd1ctton aforesaid, certify that _-a,-_ gned the foregoiit<ih~~afiy appeared before me and has acknowledged the e "urisdictionrafi yesa1~hrt~~ •·. ~y of Afr£;\ '20A REG-# ,ss10N : ~ ~ / 51jr.y Commission Expires: "£! .Q/ Ji)Z.9 . /~~ ,~egistration Number: 7q,z;;oo 4--,' ,, o ......... ··•• o« ,,,,' .. ,,,,, ,yWEALi~ ,,,,, .., ,,,,,".,""'"'''' • s ..,, ,,,._..,,, ,.,...,,....,v, DepUt ~.fkJ:,:>~i ,, ,, RE2025 7325 RE2025 7325 Frederick County Taxes Paid COUNTY OF FREDERICK P.O. BOX 225 WINCHESTER, VA 22604-0225 C. WfLLlAM ORNDOFF, JR Real Estate Taxes Paid for Tax Year 2025 Map Number: 33 A 93 Account#: 8006470 , .. ,. i"il_''i .. ii! i ),'.;i .• .'i, ' ' j: ~ ,, CLEAR BROOK I RENTALS 4/15/2025 .56ACRE LLC CLEAR BROOK 2 RENTALS 4/15/2025 .56ACRE LLC lC:?G ?:Jc] $915.36 $915.36 Total Paid: $1,830.72 This amount represents payments applied during calendar year 2025 and does not include Penalty, Interest or Credit Card Fees. I Close this Window 11 Print This Page I https://fctaxes.co.frederick.va.us/Applications/TR_PayTaxes/PrintYearlyTaxes.aspx 1/1