HomeMy WebLinkAbout05-14 ApplicationCOUNTY of FREDERICK
Department of Planning and,Development, '
540/ 665, =5651
Fax 540% 665: -6395
Jure
-14,26B
W f
Mr:; Ben Montgomery
Montgomery Engineering Grou_p,Inc:-
F3,18addleback- L4ife :
Winchester, VA2�2602
RE REZONING #05 =14 OE CB Ventures, LLC
Deat Ben:.'
This letter is to confirm -,that _you have on behalf of your clients withdrawn the above
5
referenced•:Rezoning application: This' appli'cat'ion was nten'ded,to rezorie'2:42 acr.'es:fro "m
the B;1' (Neghboth'ood Business) District'to B2 .(Geheral 'Business) District with proffers.
,The property° s°located,ut 1033'.Aylor Road `in Stephens City hi-the Qpequon .IVlagisterial
District'..
The: above referenced file: has,;been closed by ou "r Department.
If you'ha�e any questions regarding this action, please feel free to call this off ce:, .
Sincerely,,
Michael T;.Ruddy;Ali— .
:Deputy Planning Director
:cc - CB: Ventures LLC 13O,Haw;thornesDry 'Winchester VA 226
-,a f 0`1
Robert W u Wells; '0 e' Distncf `Supe "ry 'sor,
Robert Molden :and g
Ro er Thomas; Opequon P,lannin'g Commissioners
Jane,Andetson, Real Estate
Coiyi iii over. of- ,,Revenue
'1:07 North Kent', Street; Suite 202,,w Winchester; Virginia .22601 -SOOaO
Mike Ruddy
From: 'Ben `.0 Montgomery <ben @megnc.biz>
Sent: Wednesday, June; 10 2015 5 18PM
To:., Mike Ruddy
Cc: Randy`C-rpqpI Ned _Browning
Subject': 'CB: °V,entures'Ayl'or Rd Rezoning
Mr. ; Ruddily,
In ,light of the: neighboring residents` negative;comments to the Aylor Road Rezoning`;, we have, chosento w.ith&r W our
applicatiorn to, rezone t'h'is property.. We,understarid should: we decide to re "zone =tliis.prope "rty we 'Will be starting a' ne:w
application,
Thank you for your help.; I am, "aVail'We:should= you,have. any questions:.
Ben Montgomery
Montgomery„Engineering Group, In`c.
'(540)' 9,74 - 7382• -
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Mike Ruddy ....
From;_ Ben C Montgomery <ben_ @meginc.bz>
Sent Wednesday; June.10, 2015 5:18 PM',
To: Mike Ruddy
Cc: - Randy Craun; Ned Browning:
Subject: CB`V, enture`s AylorRd Rezoning,
Mr,. Ruddy,
;In' light of the neighboring residents' negative;cornrnents fo'the"Aylor Road Rezo;ning,.w,e;have.chosen to withdraw °our
application'to rezo:ne.this property,,We:u,riderstand shouldwe decide to rezone-th'ispropertywe will°be starting a new
application:
jThank ou for oia "r h:ef I.am'a ailable;shoul'd ,ou l ave.an: „uesfions-
y' y� p y yq`
' Ben, Montg&hery,'
Montgomery'Engihbering.Group; Inc: n
(5-40)474-7,382
1
o Mike Ruddy,.
Y
„From:'
r .Ben C M nig.0 Mey <b'en, @rnegi °nc.biz> .
Sent:
r
5:18
Wed'nesday;; June: 10, 2015 PIVI "
To
Mike`Ruddy' .,.
" Cc;
Randy,,) ryCraun, Ned B.rowni'ng.
Sugjeet
CB V e - resAylor`Rd Rezoning.
_., .. ,Mr.: Ruddy,,
,In _light ofitf e,ne neighboring residents' negative,comments to; the:Ayflor Road Rezoning, we,have chosen. °to Withdraw.qur
application -to rezone this property,.W
understand-sh6uId`we-decide'to; rezone this prop Will be starting a. new
application;_
Th'an'k you °:for yourrh'ePp: I a m.availableshould``you fi °ave any quesf'ons:,'
Ben IVlontgo "me.ry
'. Montgomery EngineeringGroup,.Inc„
(540) .§74-7382
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1
Mike Ruddy;
Froms Ben :C Montgomery <y.ben @meg nc b z>
Sent: Wed.nesd'ay, June lo,,�2015 518,.PM
To:± Mike Ruddy
Cc Randy Cradn Ned Browning "
Subject: •'CB "Ventures Aylor-'Rd Rezoning
Mr. RL4ft,
In,light of the h6- boring residents'.negative,comrr entstd "theA T r Road Rezori ft, wehave;'c'hosen to withdraw our
appl cationto "rezone this prop.erty,._We understand should we. decide to rezone °this property we will' be starting a new;
application.
Thank yoia for your help. I an available should yo•b :have"anyquestions.
;Ben Montgomery,
`" Montgomery Engineering Grpup, Inc:
(5.,40),,974-73 8 2!
F
_ b
i ,
Mike Ruddy
From Ben C�Mon;fgomery <tjen:; @megFinc_blz>
Sent: Wednesday;.June,'10, "2015.5:18 PM
To: Mike, kuddy
i Cr Randy Craun, Ne d Browning'
Subject_ CB Ventures Aylor'Rd Rezoning
w Mr,. Ruddy,
In light of the neighboring residents' negatiVe`comments to "the Aylpr Road Rezoning; we have chosen` to withdraw our
application to rezone this!property We;undersfand s.hould,�we decide to:rezone�thissproperty we Will b'e'starfing a new
aPPlication.;
Tha_ "k`you foryourhelp. 1 arp a.yail'able_ should- u have,anyquestions -
Ben_Mbntgomery'
Montgomery Engineering Group, the
(540,), 974-73382' -
1
1
Mike Ruddy: `
From:;
:; Ben C Montgomery <ben. @megnc.biz> "
Sent:
W.ednesda` ;June; 10, 2015'5:1& Pfvl
y
a
To:
Mike Ruddy,
Cc ,; - ,
Randy Craun , Ned' Browsing
Subject:
CB'Ventures.Aylor Rd Rezoning
Mr,: Ruddy,:
,. - in'light:ofthe.neighfjoring residents' negatiye.commentsao the„Aylor Road Re onmg; we havechosen to:withdraw o,ur
' application twrezon "e.this property We understand should we decide to rezone this property we will be.starting- a'_new
application,
Than k.youfor your help. l °am
auailableshould;you have 'any questions;
Ben Nlontggniery
Mo;rtgomery Engineering Group,
Inc':,`
(540.) 974 7382.
1
PROPOSED PROFFER STATEMENT
REZON]NG:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL, DATE
OF PROFFERS:
REVISION DATE(S)
RZ#
131 to 132
2.42 acres.
Tax.'Map ..Parcel 74- ((A)) -104 & 105
CB Ventures, LLC.
Montgomery Engineering Group,
CB Ventures, LLC — Aylor Road
May 13, 2014
May-4,2015
The undersigned hereby proffers that the use and development of the subject
property ("Property"), as described above, shall be. in strict conformance with the
following conditions, which shalfsupersede all other proffers on the Property that
may have been made prior hereto. In.the event that, the' above - referenced B2
rezoning is not,granted' as applied for by the applicant ( "Applicant`'); these
proffers shall be deemed withdrawn and shall be null and void. Turther, these
I
roffers are contingent upon final'rezoning of the .Property with "final rezoning"
defined as that rezoning, which is `in effect on the day 'following, the last day upon
which the. Frederick County Board of'Supervisors' '(the °" Roard"):decision granting
the rezoning may be contested in the appropriate court. If the Board's decision is
contested, and the Applicant elects not to submit development plans until such
contest is resolved, the term final rezoning shall include the day following entry of
a final, court order affirming the decision of the Board which has not been
appealed, or, if appealed, the day following which the decision has been affirmed
on appeal.
The headings. of .the proffers set forth below have, been prepared for convenience
or reference only and shall not control or affect the meaning or be taken as an
interOetation of an.y. provision of the proffers. The improvements proffered
herein shall be provided at the time of development of that portion of the Property
adjacent to or including the improvement or other proffered requirement, unless
otherwise specified herein. Any proffered conditions that would prevent the
Applicant`CB Ventures, LLG:, from, conforming to State and/or Federal regulations
shall be considered null and void. The'term "Applicant" as referenced herein
shall include within its meaning all future owners and successors in ,interest.
When; used in these proffers, the "Generalized Development Plan ", shall refer to
the plan entitled "CB'Ventures, LLC — Aylor Road" dated February 23, 2014
revised November f' ,20.14 - (the !.,'GDP ") and is included in this proffer..
Site Development.
1. Property Access.
Property access shall be "via fhe'two new entrances shown on GDP from
Relocated. Aylor Road, as ,approved by VDOT. Temporary access to the property
may, in the interim, be via entrances on the existing portion of Aylor Road, as
approved by VDOT, until such time the right of way for the future Aylor Road
realignment improvement project is conveyed to the Commonwealth of Virginia.
This temporary access may, cross the area identified for right of way dedication.
Improvements necessary'to utilize the two new entrances shown on the GDP
after the conveyance shall be the responsibility of`the Applicant.
2. Right of way dedication.
The Right. of Way, shown on`the GDP for the future Aylor Road Realignment
improvement project _shall be conveyed to the Commonwealth of Virginia or
Frederick County, within 90 days.of, a written request'f_rom either VDOT or
Frederick County. All site development shall occur on the area outside: of the
area identified for future right of -way dedication. The only exception to this
requirement being the temporary access identified in Proffer 1. The provision for
conveyance of the Right of"Wayshall have no further force or effect, however,
should neither the VDOT 6 Year Plan nor the Fred_ erick County Road Plan
continue to show the realignment, or "improvement of Aylor Road.
3. Lighting.,
All lighting shall be building mounted wall packs or on poles and shall be no
higher than 20'. Lighting shall be 'downcast and shielded to prevent glare and
intrusion of light onto adjoining properties.
4. Land Use
The Property shall be`allowed to develop with B2 .land uses with exception of
SIC Code Use
074 Veterinary Offices
554 Gasoline Service Stations
2
5. Allowed.'Building'Height
The maximum building height allowed for all 132 uses; shall be 35 feet or as may
be otherWise provided,'in the County Code for the B2 Zoning District.
Respectfully §�Orn.i.tted,,
CB VentujVr -, C
A -1.,,
Randy Craun (Title)
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To wit:
The foregoing instrument pn Was a knowledged befo(e me this day
2,9<
of by
NOTARY PUIYLI'C-
00, "
My commission expires: m- J/ 1 JAP
/`
-//1
�'-
Commission number': NOTARY PUBLIC
Z REG; #184008
Nky cOMMISSION
P s z
IT
3
REZONINGAPPLICATION: #01514-.
03 VENTURES, ,LLC
Staff R-eport-Jorthe 06ard lof 'SUIP'Ory . isors
Prepared: June, 4�2015.
Staff Contact MTchael, T Y
,.-.,Rudd .AjCP1 DO uty'Direttor
,
Action
Pub lic He an,Vg
i Held.ActianTabledf6r45days
Denied
Public Hearing Held_,Action Tabled' for 6,0 days
Public M'eetihg; Action -Postponed. to June 10, 201,5.
Pending
-PROPOSAL- 7,6 rezone :2.42 acres ,,&Oin the BI (Nei" glib br-bobd Business) District to BI (General
Business) ,I)isfri"'ct,'with-,proffers.,.,
LOCATION: The propefty,is- located I at
AYlor Road in ;Stephens -City.
BOARD, Of SUPERVISORS "UPDATE, FOR THE 66/16/15-MEET, ING:
The .Board of8upervisors-attheir 05/13 %15`me ed voti n this reauestto the June
eon pQstp94 pg o
10,, 2.Qf-5,,meethig., The , Applicant, had ,presented exhibit's l during this, Board meeting, depicting the
-potentiA buildings that would be,*Tennitted �.to: be constructed ion the.property. The Board wanted the
opportunity to IevieWthi,s" additional information before making' a7 deoisian -on this rezoning; request:.
This :also ,gay,q,,the 1 cant: an add rin property owners,,
APP14 ��tjqpqj opportunity nity to. meet 1:
,por- 4 w li, the nei bo g proper,
should iheyolipose to :do. s#,.'The'V�y, t,,,2015 rev- ision :to the, Proffer Statement was the version of the
Proffer�Statement"considered'by,i,he-Board at that meeting. Thisi's,the version noted below -that contains
the comffiifm Ont., that- the max-On-am building height ,allowed. for',all'B2,,ttses shall be 35 feet:
On Wednesday June 3,20.15,", theApplicant, their representatives; .neig ing.,,p op rty owners,
and Supervisor, Wells-- Af(dfded' 9, meeting regarding Ihi's, application to disetss the prop osa I
ffifther. The meeting was qoordinSted by-S ervisorWe'lls.As�.a,restflt(ifthis;tyfeeting,,the,'.UP Applicant
changes;. 4 proffer,
statement that,�wasfqrther revised to reflect,severaf additional,ch The,revised
d ate '-for the proffer 'statement; i's June 4; 2015; The ,hanges`nadp.afe.to Section .4. Land Use.,'Thel
Apptfcafft. h8i fnereased",fhe. number of specific! B2, uses that may not; be deve:loped on,Aheyfoperty-
'thereby., liffiffil th_ e , B2 may y be de v&lo ped on the property further:, It is :important to
recognize that t ei 'hote/ o tef e(SI _C ,'!Ot),islI sted;as a�pe.ohibit.ed.tsosatd,therefbre .- may Lnot
be,
deveh)pedonjhe, property.
OF .UPDATE THE - 113/15 MVETING-,'
BOARD SUPERVISORS 05
I
The; Board .,of S4petvi§6rs 'at iheir-,03/11/15 meeting tabled' this request for b,0 days; toallow the
Ap icantythe�opportunit-vto"i-neet°with the nei . ahboring:-property o i - wners and,theODDortun tv to adjust
iheit'rozoning,requost further: A copy, of the. Board's -minutes has been aftached,for your. information.
Reviewed_;
1p,fanning COMMISSIOUI:
00.07/1'5
Planning Conimi'sgion
02/1218,/I 5
Board'd. Super-vi.sors:,
03/11/.155
05/13/15
0611,01,15
Action
Pub lic He an,Vg
i Held.ActianTabledf6r45days
Denied
Public Hearing Held_,Action Tabled' for 6,0 days
Public M'eetihg; Action -Postponed. to June 10, 201,5.
Pending
-PROPOSAL- 7,6 rezone :2.42 acres ,,&Oin the BI (Nei" glib br-bobd Business) District to BI (General
Business) ,I)isfri"'ct,'with-,proffers.,.,
LOCATION: The propefty,is- located I at
AYlor Road in ;Stephens -City.
BOARD, Of SUPERVISORS "UPDATE, FOR THE 66/16/15-MEET, ING:
The .Board of8upervisors-attheir 05/13 %15`me ed voti n this reauestto the June
eon pQstp94 pg o
10,, 2.Qf-5,,meethig., The , Applicant, had ,presented exhibit's l during this, Board meeting, depicting the
-potentiA buildings that would be,*Tennitted �.to: be constructed ion the.property. The Board wanted the
opportunity to IevieWthi,s" additional information before making' a7 deoisian -on this rezoning; request:.
This :also ,gay,q,,the 1 cant: an add rin property owners,,
APP14 ��tjqpqj opportunity nity to. meet 1:
,por- 4 w li, the nei bo g proper,
should iheyolipose to :do. s#,.'The'V�y, t,,,2015 rev- ision :to the, Proffer Statement was the version of the
Proffer�Statement"considered'by,i,he-Board at that meeting. Thisi's,the version noted below -that contains
the comffiifm Ont., that- the max-On-am building height ,allowed. for',all'B2,,ttses shall be 35 feet:
On Wednesday June 3,20.15,", theApplicant, their representatives; .neig ing.,,p op rty owners,
and Supervisor, Wells-- Af(dfded' 9, meeting regarding Ihi's, application to disetss the prop osa I
ffifther. The meeting was qoordinSted by-S ervisorWe'lls.As�.a,restflt(ifthis;tyfeeting,,the,'.UP Applicant
changes;. 4 proffer,
statement that,�wasfqrther revised to reflect,severaf additional,ch The,revised
d ate '-for the proffer 'statement; i's June 4; 2015; The ,hanges`nadp.afe.to Section .4. Land Use.,'Thel
Apptfcafft. h8i fnereased",fhe. number of specific! B2, uses that may not; be deve:loped on,Aheyfoperty-
'thereby., liffiffil th_ e , B2 may y be de v&lo ped on the property further:, It is :important to
recognize that t ei 'hote/ o tef e(SI _C ,'!Ot),islI sted;as a�pe.ohibit.ed.tsosatd,therefbre .- may Lnot
be,
deveh)pedonjhe, property.
OF .UPDATE THE - 113/15 MVETING-,'
BOARD SUPERVISORS 05
I
The; Board .,of S4petvi§6rs 'at iheir-,03/11/15 meeting tabled' this request for b,0 days; toallow the
Ap icantythe�opportunit-vto"i-neet°with the nei . ahboring:-property o i - wners and,theODDortun tv to adjust
iheit'rozoning,requost further: A copy, of the. Board's -minutes has been aftached,for your. information.
Rezoning #0544 CB Ventures, LLC-
June 4; 2015
Page 2
O May 6; 2015 the Applicant:pr_ovided Staff with an updated Proffer Statement.(revision :date
N ay 1, 2015). This Proffer Statement had one modification -. Proffer 5. Allowed Building Height.
The Applicant has, eliminated the maximum building height allowance for office buildings :and
hotels/motels of 50_ feet.`The proffer now states that the - maximum, building height allowed' for all
B.2 uses; shall be 35 feet.
The Planning Commission recommended denial of thnrezoning request, an application `to rezone
a. total,. of 2.42 acres of land from the' B1 (Neighborhood .Business) District to the B2 (General
Business) District with proffers, to accommodate commercialuses. Planning Commission:members
stated their belief that the B2 (General Business) District`uses were too intensive for this location and
would have a_ detrimental impact to the adjacent residential neighborhood, in particular the existing
residences immediately adjacent to the property. The Planning Commission expressed that the B2
District designation is,more appropriate "for- larger:coinmercial parcels such as in those areas planned for
larger scale commercial .development adjacent to Route 277, Fairfax Pike.
Previously, the Planning Coniinission.had tabl"ed:this.request to give the.Applicant the,ability,to address
the concerns that were expressed by the Planning Commission:and members .of'the public during the
public hearing. In,response to ihe..Planniiig Commission';s initial.discussion,of this-rezoning-request, the
Applicant modified their proffer statement (Revision. Date; February:5, 20.15) to prohibit two uses;
Veterinary Offices and Gasoline Service StationsAn addition;;a proffer addressing,the allowed building
height has been added-. 'The maximum building height for office b_ifildings' and hotels /motels shall be
fifty (50) feet. This,is a reduction.of ten (I Q.) feet from that which is, currentlypermitted'by the Frederick,
County Zoning Ordinance: The Applicant also providedan.exhibi.t depicting,the potential cross.section
and scale of the adjacent; commercial and residential land uses
The B2'(General Business) District land use.proposed in this rezoning is,generally consistent with the
commercial designation of the Southern Frederick Area Plan and' the 2030 Comprehensive. Plan.
However, the existing neighborhood character,.of the adjacent land,uses should be a consideration when
evaluating this proposed rezoning. B 1 (Neighborhood Business) District scale commercial uses exist in
this general, location.
The`trai sportaf on impacts associated with this-request appear to. havejgenerallylieen addressed by the
Applicant, subject to the approval of the County Attorney'regarding right- of- way.dedication proffer,
Proffer,' (provided). The communityfacilitympacts associated with this request should be addressed
to a greater extent.
The adjacent properties are a consideration with this rezoning application. With this rezoning, the
applicant has proffered height.restrictioris on site lighting to mitigate potential impacts to the adjacent
residential properties. Initially, naadditional site development standards were proffered. The Applicant
subsequently' proffered a height limitation of fifty (50) feet for hotels; motels, and office buildings. The
•
Rezoning #05 -14 CB Uentures,.LLC
June.4, 2015 .
Page 3
Planning Commission ultimately determined that the neighborhood character of the area will be
adversely impacted by°this rezoning-request.
The public hearinz,has: been hild for this request, a decision rejardinz tltikrezoninQ application
by'the Bomrd of Supervisors would be appropriate. The aptilicant'should be prepared to
,adequately address all con"'cerns raised by�,the Board of Supervisors.
Rezoning #05 -14 CB Ventures, LLC
June4, 201'5
Page 4
This report 1s prepared by the Frederiek,County;Planning Staff to provide inforihation to the
PIaitriing Commission and the Board ofSupervisors, to assist them iii ntaking a decision orz, this
application. It may also.be useful,to others,interested in: this zoning:matter. Unresolved issues
concerning tlz s',applicat on are, noted by staff where relevant throughout this staff report.
Action
Public Hearing Held; Action TAI ed`for 45 days
Denied
Public Hearing Held; Action Tabled for 60 days
Public Meeting .Action Postponed to June 101 2015.
Pending
PROPOSAL: To rezone 2.42 acres 'from the B1 (Neighborhood Business) District to B2 (General
Business) District with proffers
LOCATION: The property is located gat 1033 Aylor Road in Stephens City.
MAGISTERIAL .DISTRICT: Opequon
PROPERTVID NUMBERS:,, 74- ((A))-1,04 and 74- ((A)) -10
PROPERTY, ZONING: B11. (Neighborhood Business) District
PRESENT USE: Car wash / vacant:
ADJOINING PROPERTY ZONING ,& PRESENT `USE
North: B.1 (Neighborhood Business)
South: B1 (Neighborhood Business)
East: RP (Residential Performance)
West :, Aylor Road /Interstate 81.
REVIEW EVALUATIONS':
Use:
Reviewed
Planning Commission:
O 1 /07115
Planning Commission:
02/18/15
Board of Supervisors:
03/11/15
Town
05-/13/15
06/1 O/j 5-
Action
Public Hearing Held; Action TAI ed`for 45 days
Denied
Public Hearing Held; Action Tabled for 60 days
Public Meeting .Action Postponed to June 101 2015.
Pending
PROPOSAL: To rezone 2.42 acres 'from the B1 (Neighborhood Business) District to B2 (General
Business) District with proffers
LOCATION: The property is located gat 1033 Aylor Road in Stephens City.
MAGISTERIAL .DISTRICT: Opequon
PROPERTVID NUMBERS:,, 74- ((A))-1,04 and 74- ((A)) -10
PROPERTY, ZONING: B11. (Neighborhood Business) District
PRESENT USE: Car wash / vacant:
ADJOINING PROPERTY ZONING ,& PRESENT `USE
North: B.1 (Neighborhood Business)
South: B1 (Neighborhood Business)
East: RP (Residential Performance)
West :, Aylor Road /Interstate 81.
REVIEW EVALUATIONS':
Use:
Commercial..
Use:
Commercial
U`'se
Residential.
Use:
State Highway
Town
of Stephens City
Virginia, Dept. of Transportation - Please see attached email dated August. 8, 2014, from Lloyd
Ingram, VDOT
Fire Marshall: Plan approved
Fire and Rescue:" Plan approved
Public Works Department: Recommend:approvaI
Rezoning: #05: 14 CB Ventures, LLC.
June._4, 201.5
Page 5' -
Frederick County Sanitation Authority: Please see, attached letter dated June 6, .2014, f -oin, Uwe
W&indel. Engineer- Director'FCSA.
Service Authority:. No comments;
Frederiek County Attorney! 'Proffer is in correct .legal form (Please see attached letter dated
Deeetnber 4, 2014,.from Rod Williams, County Attorney, for initial comments).
Town of :Stephens City: No -issues
Planning & Zoning:
1) Site History
The original.Frederick County zoning map (U.S.G.S. Stephens City Quadrangle) identifies the
subject °parcels as being zoned B -1 (Nei'ghborhood Business) District. The intent.ofthis district
is to provide small business areas to serve the daily householdneeds of surrounding residential
neighborhoods., Uses.allowed primarily consist, of limited.retailing.and personal service uses.,
Business uses in this districtshould.be small ,in:size and sl ould.notproduce sub'stantia'l vehicle.
traffic in excess of what is usual in the residential neighborhoods.
2)- Coiprehensive Poliey.Plan
The 2030. Comprehensive Plan is the guide for the future growth of Frederick County.
The 203.0 Comprehensive Plan is an official public .document that serves as the community's
guide for;inakitig,deci --sions °regarding development, preservation, public facilities,ari& other key
components of community° life. Th. e� 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.
Land Use:
The 203.0 Com rehensive.P.lan -,and the Southern Frederick Area Plan provide gpi.dance on the
future development of the: property. The property is located within the UDA ,and SW SA. The
-2030 Comprehensive :Plan identifies the general area surrounding this property with. a Business
land use designation. In :general, the proposed commercial land usedesignatiomfor thisproperty
is consistent - with this land use designation of thet Comprehensive Plan: Commercial wand uses
would include both,B`l NeighborhoodBusiness and B2 General Business zoning, designations.
The „ existing land,use °in this_area is neighborhoodbusiness:in character. The�existingcharacter
of`the land —use is a consideration when evaluating this proposed rezoning.
Immediately to the east of this property 'is an existing residential neighborhood. The Plan
.recognizes the. existing; residential .land uses., Care should be afforded,to the transition between
the busigess;and residential'land uses, both of-which are locatedinthis general area.
Rezoning #05 -14 CB Ventures, LLC
June4, 20 JS
Page 6
Site Access and Transportation:
The subject- properties have frontage on and. access to Route 647, Aylor Road. Aylor Road is
identified as a.major.collector road ,in the County`s Eastern Road Plan.
Transportation improvements to Route 277, Fairfax.Pike, are planned on.the VDOT Six -Year
Improvement. Plan. This project;includes improvements to AylorRoad. A copy of this section of
the VDOTplans has been attucbedto the .pdckuge:foryour,inforination. Similar to other,recent
projects in the vicinity, it is not' anticipated that this project constructs improvements to Route
277 or Aylor Road'.at this time, rather; dedicates appropriateright -of -way, designsaccess to this
site that is consistent with those improvements anticipated with the VDOT Six -Year Plan
Project;, and provides some contribution to transportation `improvements resulting from the
impacts of this new development; further, that the value of any contribution has a, nexus to the
project and its impacts.
The, rezoning application, should fully address this road project as designed by VD,OT in the
most recent improvement, plans for this project. 'In particular, the right -of -way needs of the
project. Any improvements associated with,the development of the site within the future road
right -of way should be consistent with those identified in the plans and to the satisfaction of
VDOT:
The provision of two entrances is.proposed. Given the anticipated design .for Aylor Road, such
an approach may work in ;this location. The southernmost entrance appears to align with the
new and existing road configuration.
3) Site Suitability /Environment
The site does not contain any environmental features that would either .constrain or preclude site
development. There are no identified areas of steep slopes, floodp'lains or woodlands.
4) P.otentiallmpacts,
The subject properties are currentlyzoned B l (Neighborhood.Business) District. Therefore, the
rezoning. of these properties to the B2 (General Business) District will, have the potential to
generate�additional impacts: However,.it is recognized that the impacts associated may not be
as-significant as if this property was zoned RA (Rural Areas) District.
As noted previously, immediately to the east of this property is an existing, residential
neighborhood. Care should be afforded to the transtion.between the business and residential
land uses that are both located in this general area. With the: exception of addressing the
potential lighting impacts bylirniting the height of any lighting to twenty feet, the Applicant has
not provided any additional means to minimize the potential impact associated with the more
intensive commercial use -of the property beyond the requirements of the Zoning Ordinance. It
Rezonipgt #05 -;14 CW Ventures; LLC
June 4;'20`1''5
Page 7
should be, noted "that the height of certain commercial structures may increase-to sixty feet from
-the currently enabled thirty-five feet.
With regards to the potential transportation impacts;,, at,this time, the project,has th6ntention.of
providing the right -of- -way for the future improvements to Aylof Road. This should be
unconditionally guaranteed.. Otherwise, thetransportation impactsr associated with this request
would not be fully addressed. The additional trips would simply add to the transportation issues
in this area.
The Applicants Impact Analysis states that this site will negatively. impact Police Protection,
Fire and Rescue Protection, Water and Sewer Usage; and Solid Waste Disposal. The capital_
needs.asso,ciated wiih�these impacts have not been quantified and have notbeen addressed by
way of mitigation other than-to-say that;there maybe a potential increase in tax revenue and.fees
from -this ' development`:
5) Proffer Statement — Dated May 13, 20-14 and revised on November 19, 2014
A) Generalized Development,Plan
The Applicantthas proffered,a Generalized Development Plan. The Plan identifies the
properties to be developed and recognizes the transportation and access related
commitments madeWith this rezoning application; including the4Aylor Road right-of-
way dedication area and the two potential entrances: to the site.
B) Land Use
The Applicant's proffer�statement does not place any limitation on the amount or type
of commercial development that may occur on°the property. It is recognized thatthis is
a. relatively small parcel;, however, the potential increase in h tensity of the, use
including-the size: of the structure should be considered.
The Applicant has, in Proffer 3, addressed the,potential impacts associated with site
lighting by proffering that all lighting shall be no'higher than 20'.
C) Transportation
The ,proffer statement, supports the Route 277 Improvement Project as the Applicant
has identified °the correct area of right-of-way dedication consistent with the VDOT
project along Aylor Road and described this in ,proffer 2, right -of w.ay dedication.
In general,.thetrigger fovconveying said right- ofway`is =acceptable:`Th'e proffer states
that: the right -of -way shall be conveyed within 90 daysof a written request from VDOT
or ,the County. The final sentence of proffer 2 should be carefully evaluated as it
contains, a mechanism that removes the conveyance of the right- of- way.' This would be
problemaficas the language.is vague and the right -of way is necessary: In addition; this
would result: in a rezoning application, that in no way addresses the additional
transportation impacts generated from the more intensive commercial use of the
Rezoning #05 -14 CB' Ventures_,.LLC
June :4, 2015
'Page 8.
property -.
Recent rezoning applications in the vicinity of this project have also proffered a.
monetary�contributi'on to transportation improvements,inthe.County in an amount they
believed was consistent with the transportation impacts'of.their project.
D) Community Facilities
This application does not include a proffer aimed at,mitigating the�community facility
impacts of thin request: The Applicant has stated that the additional tax revenue
generated would address this. Recent rezoning applications in the vicinity of this
project have also proffered a monetary contribution to offset the fire andrescue`impacts
of their project.
Revised Proffer Statement (Revisiorn Date; February, 5,.2:015).:
The Applicant has ntodifred their proffer statement to. prohibit two uses Veterinary Of
and Gasoline. Service, Stations.,
In addition, a proffer addressing the allowed,builduzg height has been added. The maximum
building height for office buildings and. hotels /motels shall be fifty (50) feet. This is a
reduction of (10) feet from .that which .is currently pernnitted by the Zoning 'Ordinance.
The -County Attorney has-reviewed the revised proffer statement and it is in the properlegal
form.
STAFF CONCLUSIONS:,FOR THE 01/07/15' PLANNING COMMISSION MEETING:
This is an application to rezone a total of 2:42 acres -of land from the; 81 (Neighborhood Business)
District to the B2 (General Business) District with proffers, to accommodate commercial uses.
The B2 (General Business) District land use proposed in this rezoning is - generally consistent with the
commercial designation of the Southern Frederick. Area Plan and the 2030 Comprehensive Plan.
However, the existing neighborhood. character of the adjacent landuses should be a,consideration when
evaluating this proposed rezoning.
Th6transportation4hipacts associated with this request appear-to have generally been addressed bythe
,Applicant; subject to the unequivocal approval of the County Attorney regarding right- of_way
dedication proffer, Proffer 2. The. community facility impacts associated with this request should be.
addressed.to a greater extent..
The adjacent °properties should be a. consideration with this rezoning application. With this rezoning,
the, applicant has proffered height, .restrictions on site 'lighting to ,mitigate potentials 'impacts tol the
adjacent residential properties.; No additional. site development standards have been proffered. The
Planning Commission should determine if the neighborhood character -of the area will be adversely
impacted.., ,.
Rezoning #05 -14 CB Vehtures;.LLC
June 4; 2015'
Page 9
•
,PLANN.ING COMMISSION :SUMMARY FROM THE 01%07/15 PLANNING .COMMISSION
MEETING:
Two members of the. public 7spoke during the public hearing; Mr. Chapman, and Mr. Carriker. ,Both
expressed concerns regarding the application and the impact it would have on their_ residential
properties.
Commission members asked several. questions, regarding,tl e details of this application and expressed
concerns about the potential impacts of the application and the appropriateness of the request- from a
land use perspective.
Commissioner Mohn noted the concern is there, in regards to lack of specificity,on the intensity that
could occur with this rezoning. He would like to see, -more. in. the application on building size and
development. Mr. Mohn siated'he °would like to see something that projects a clearer view of what may
be developed on this property:
Commissioner Thomas made a motion to table thisrezoning application: for 45 days. This motion was
seconded by Commission Unger and unanimously passed.
(Note: Commissioner Oates abstained from voting; Commissioner Marston was absent from the
meeting.)
PLANNING COMMISSION 'SUMMARY FROM THE 02/1845 PLANNING COMMISSION
MEETING:
Three'members of the public spoke during the public comment portion of'the Planning Commission
meeting.
The Applicantprovided two exhibits for the Planning Comm_ ission's review. The -first is a cross�section.
which shows the proposed`buffer'location, the existing single and two story =residential homes, and a
potential hotel'. /office building. The, second exhibit is,a photograph that shows the existingproperty for
which. the rezoning: is being requested and the residential land uses, at the rear of the.property. The
Planning: Commission voiced concerns with the height of a building on this property due to the current
elevation of'the land compared to the; residential neighborhood located d'irectly'behind it. Planning
Commission Members also expressed concern with the height of a building on the property and does
not feel the exhibits provided adequately address this issue.
The Planning Commission unanimously recommended denial of 'this rezoning request, an
application to rezone a total.of.2.42 acres of land;from the BI (Neighborhood Business) Distriet to
the B2 (General Business) District with proffers, to accommodate commercial uses.
Rezoning #05 -14 CB Ventures, _LLC
June 4; 2015
Page 10'
'C'ommission members stated theirbelief'that,the B2 (General Business); Districtuses•were, too intensive
for this location and would .have a detrimental impact to the adjacent. residential. neighborhood, in
parti-cular the- existing residences .immed 'ately adjacent wlhe property: The Planning Commission
expressed thatthe B2 District designation is more appropriate for larger commercal'parcels.such as in
those areas planned for larger- scale commercial. development adjacent to Route 277, Fairfax Pike.
Followhirthe required public hearing, a decision- reaardiiig this rezoninzappli.cation.by the Board
of.Supervisors would-be appropriate. The.applicant should. be prepared to adequately address all
concerets °raised by the Board, of Supervisors.
]deputy Planning biredtbr Michael Ruddy 4p
gcared,befqrt thd.Bbardreg4rOi_n,g.thi;s item..
Ht.advi'sed this was ef proposal -tozezone 2.142 attes, from BI (Neighbbrh6od' Business} ,District 'To
'B2- (General 8usiiie§s )'Di'giiiet,Wiifiprdffdes. The property is lo(Ated at 1033 Aylbr koad:in the
Qpeq4QnIMagisterialDisthct, Deputy :Director ,Ruddy ,advised the applicant has proffered a-
generalized dey-e'lopriient'pl'an,'ihatiri6lijdt,s-.the.rel'o.cattdA.ylotRoad. The, 4p'r6posed,.60mmercidl
uses are generally,consi stent with the. Cbmprehensive-Plan-'however, the,'neighborhood
characteristics ,ofthe.,,adjace4t,,,Iaiid,,uses, should .bP,considered. ,,He. noted the proposal. cal I's for
increased .,'Vehicle,trips .,per day; !i'ne're'as'ed'building `height, and In6reak.1density. The 'Planning
Commission recommended deniaLofthis application due to its ,adverse impact on. the adjacent
p11 Inpa
neighborhood. He concluded; hy'g-ayitig,,that staff was seeking, Board action following the public
hearing.
Bepjamin C. MontgQwr �p p -pared, before. the Board on behalf of :the He
y
'it "d th
-re v we e proposal to include the eonversi'on of current A "yTor'Road'rnto a utility
81. He' stated the' nature of the 'location bqgs, tQ te- more intense from A zoning perspectiVe., He
notedtA - here was existing B2! zoningagainst some bf1h6residential areaf. 'He went onto say, three
uses rfiaktknk f6r this vartic4arpa'rdel: office, 'Hotel, aiid,testaiirAnt. 14e noted -!parCofthe
due Aylor Road. Hipstated;',ih curren BI zoning
Y could7 hot be used' -- u. ''e, _t
.guaranteo& a,thrtt -stciry-,,qffice"�buildidg,. B2 would permit it hotel"with fio,wiriow$ fifdiag:the.
rdsi&ntialnei orhood. 'He: noted; buffering hadbetnAdded- to o-aid the neighbors __borsbp,sidpIhe
project.
Chairman zShfckle convened the,puhl I ic. hearing.
Dorothy Carriker, OA peq. ubn Oistfic" t, a_d ised'sbe was,an adjoining= pr0ptrty owner: She
did. not believe, the propbsed,xezo n-hig ffiqt;thd,,'current.X requirements . Shesutcd- the; B2
district EDrovided,foruses,orr.lar.gdacrd4gp,,'howqvpr,the.prpp'pseoparc'el Was'iibt,latge. She
�qoted'thc°Patcel wa¬lo.cated . near ft Aylor Roadintersection, Sheasked if this was'ihe type
of spot zoning FrederkkQpunty wants to see. The Planning Commission unahi'mously rejected
this proposal and.sbchoped the Board would do the same.
Vlyssts, Ca.rriker, Ogequ,Op District,; stated the site* overlboks,4 mostly residential,
peighborlIpo& due to the-topography. 14e, .believed ,§rte access should be controlled "aiid_nuisances
rnitigated,, H' . � was conpe -modabotit.ithe.�b.iiilding overlooking_ his .,propprt-y'and "the 'illuminated
signa2c. He also expressed concern about ,,storrnwater runoffbecaus&'ft could flood hi's yard and
crawlsp4ce. He concluded. by asking the I Board ,to'detiy'this,' proposed. rezoning request.
Kevin "Chapman, Ope4pon District; ;stated "he believed. the -hill, elevation to be greater
than, what was showh With& illustration. ;He noted, the ,proposed lands-66ping was: Tess,
adequate and the building would dominate ,the ,view from his,home: He. went on to: say if the
Boatel wafited'toA-''th' ljlfeaiiofi,h���hsked.�that,the action bc�postporied until. rh6fet
p Is:ap.
'prove
the �.pi 6uld'be'done, 14,'.adyised�'thaVthe debr I is: from
thorough environmental. studies ofproperty
dfAinshad beendumped. on Ihe- propery nd there hAd been no reports :that this
pppqrrty'. had been-remediated'. He,hoted a, phase, I envirohMental study didmotalways,detedt,
contamination.
Alan, Mbcck Olp- qudh, Distri-ct, expressed; Tessed concern about the height of the, proposed
ng, how people would ente to:thd�
thd site due relocated' Aylor Road,, And -lighted sig-na- g-c..
J.2
Ae hoped the Bo4fd woUld.denylthis-request.
There being-,.no, fuTth6rcomments. Chairman Shickle closed the,public hearing,
Mr. ,Montgomery -responde-d,to,'-thevari6us�comments. He stated he;appreciated: the
residents' concerns. He proposed •the Rkf.rd. postpone this application in order. to, allow, the
applicant i i ant to work with the ntghbors to, address -their concerns.
Supervisor 0 roj o , n an tw
, xvisor. Wells,'-adv'ised Nitfid'fta�d sp ken with-the-P 'c�ct, w. er, d two adjacent
,Iaifdo.w-net., Eind some bba'rd,rhenibets. Hevould* like-Ito say "that he could -find a' way fa the,
neighbors s to have their pqricerns!.ad &-essed,
SupefvisbrW'ells'mOved: to "deny rjezonifig*05-14. Ilie, motion. was seconded by
Supervisor Hess.
Super . visor Loffon stated thaI'loo I king at, ffie.r6locatecf Ay . I or _kbad this rezoning wouU
appear to Create an island of 82- zoned ' property. 'He'stated.iha e .could argue that this -might not
belhe= fight zoning for this property,,
Supervisbt'Fisherl stated there was a part of him that would like. to see the application
orf
post .p ed'ih- order -to all ow.'thd.appfifeant to wbrk, out the concerns expressed bytife-neighbors:
Supervisor Wells, withdrew his motion -to deny.
Supervisor HessjwRhdi%eWr'hiS second..
Up'on!a',motion.by,'Supfrvisor Wells seconded by-Super-Vis"6r,Mhef, the Bbard pos one 'tp d
Rezoning #05 1 4--for 60 ddys.
The, abOve motion :was ,dppr6v-Od by the f6flow"Ing recorded vote:
Rj,'6hard. C. Shickle A e
Charles S DeHavmjr. Ayer
Gene E. "Fisher Aye
'Robert,A. Hess Ayes
afyA. Loftdti Aye.,
b
Roert-W'. Wells
I
Robert .�, AYe
13
REZONING!
PROPERTY:
RECORD OWNER:
J3Z#
131 TO 132
242 acres
Tax'Map Parcel 74--:((A)) -104&105
BlVentures, UC
APPLICANT; Montgomery Engineering, Group., Inc.-
PROJECT NAME,: CB Ventures, LLC Aylor Road
ORIGINAL DATE May 13, 2014
OF 13ROFFERS:
REVISION DATE,(S) May 1, 2015 ZT-u ivE 2-o (S
The undersigned hereby proffors that the use and: development of the subject
property ("Property"), as described above, Shall be in strict conformance
. I conformanc e with the
following conditions, which s ha� I supersede all other proffers on the Property that
may have been made prior; hereto: In the event that the, above-referenced B2.
rezoning is not granted as applied for by the applitant, ("Applicant"), ,these
proffersishall be deemed Iwithdrawn and shal['be null and'void. Further, these
proffers are contingent upon final ret.0ning.o•he Property with "final rezoning"
defined as the rezoning which is in effect on the day following,the .'last day upon
which the Frederick; County Board of Supervisors' (the Board") decision granting
ng
the rezoning may be .contested in the appropriate court; If the Board's decision IS
contested and the Applicant elects not to'subm,it development: plari -il,such
I �s urit
contest is resolved, the term final rezoning shall include the day following entry of
a final cour =t order:affirmingthe decision of the Board :which has not been he .
appealed, orff appealed, the dayfollo -.wing which the decision has been affirmed
on appeal.
The headings of -the proffers set forth below have been prepared for convenience
or reference oniyand shall not control or affect the meaning or be.ta'ken as an -
interpretation of any provisions of the proffers. The improvements proffered
herein shall be provided, at the time of development of that portion of the
properfy•adj'acent`to orincludlhgthe i'rnprovement or other proffered
requirement, unless otherwise and herein. Any proffered conditions that would
prevent the Applicant CB Ventures; LLC from conforming to State and /or Federal
regulations shall be, considered null and void. 'The term "'Applicant" as referenced
herein shall include within its meaning all future owners and successors in
interest.
When used in these proffers, the "Generalized Development Plan ",.shall' refer',to
the plan entitled "CB Ventures, LLC- Ay.lor road "dated February 23, 2014 revised
November 1, 2014 (the "GDP") and is included in this proffer.
Site Development.
1. Property Access.
Property access.shall be via the two new entrances shown on GDP from Relocated .
Aylor Road, asapproved; byVDOT. Temporary access to the property may, in the
interim, be'via entrances on the - existing, portion of Aylor Road,, as approved by
VDOT, until suchAime the right of way for the future Ayl,or:Road realignment
improvement project is conveyed to the Commonwealth of-"Vi. rginja. This
tem•po_rary access may cross the area identified for right of way dedication.
Improvement necessary to� utilize the two new entrances shown on the GDP rafter
the conveyance shall be the responsibilityof the Applicant.
2. 'R_ight, of way' dedication..
The Right of Way shown on the GDP for the future Aylo-r Road ;Realignment
improvement. project shall be conveyed to the Commonwealth. of'Virginia or
Frederick Countywithin 90 days of a Written request from either VDOT'or
-Frederick County, All site development shall occur on the 'area outside of the
area. identified -for future right of,way,dedication. The only e%cept-ion'tothis
reoq-iremLont,bei'ng the "temporary access identified in Proffer 1. The provision for
conveyance of the Right of Way. -shall have no further force, or effect-, however,
should neither the V - DOT 6 Year"Plan nor the Frederick Co.unty Road Plan continue,
to show the; realignment or irhlp,'rdVemeht of Aylor Road.
1; Lighting
Alflighting sh'all be building mounted wall . packs or on poles and s.ha'R be no higher
than 20", Lighting shall be,l downcast .and shieldedto preventglare and intrusion
on ght orito adjoinfrigpi- operties.
4. Land Use
The Property shall be allowed to rdevelop with B2 land uses With exception of
SIC Code
Use
0704
V.eterina'ry Offices
554
Gasol i ne,Service'Stations
0741,
Veterinary services-livestock
0752
An i m a 1i specialty services, except v0teri'h a ry, with all activities
And animals keptwithin the fully enclosed primary structure
5431
Fruit and vegetable stands
55,
Automotive dealers an-dgasollne service, stations
59'8
Fuel dealers
701
Hotel. 8t Motels
104
Organization hotels and lodging
72"131
0-rien supply
72'16
Dry zleanihgT plants
721A&
industriaflaunderers
7Z99'
Esco, ft services
7299 Turkish. Baths
72-99 Steam 'Baths,
7312 Outdoor, ad services,
735 Miscellaneous equipment rental
7389'- Automobile recover service, automobile repossession services;
Exhibits building, of by industrial contractors
Filling of pressure,
Containers (aerosol) Gas systems Contract conversion from,
Manufactured to natural gas, Produce -weight service,
Production sterilization service, Repossession service,Salvaging,
Of dam, aged merchandise not engaged'i-n sales, Scrap steel
Cutting,
7692 Weldingrepair
7699 Blacksmith shops
Boiler c(eariing., a'ocl' repair, Cesspool cle'af0ing
Coppersmithing,, Dental and medical in'strument repair
Engine r,epAir, Farm machinery an-d tractor repair, Farriers
Horse shoeing; in custrial truck repair, laboratory instrument
Repair,, machinery cleaning, Measuring and Controlling
Instrument "repair, mechanical, Meteorological instrument
Precision instrument repair, Repair of 'Optical r instruments,
Repair of service station equipment, Scale repair services,
Septic tank cleaning services, ,sewer Cleaning, Surgical
Instrument repair, Tank and Boiler cleaning service, Tank truck
Cleanin -eaxidermist, Tinsmithing.
g,servic -J
793-
2 Moti.on,pictu-re theater, drive-i'n
50-7 Commercial batting cages operated -indoors.- Fire Stations,
tCoMpahle-s and eescuo squads, Commercial sport.and
Re(Tea,tioni! clu-bs,
784 'Videotape. rental,
79 Amusement and, recreation services Operated indoors
7999 Go if, driving - ' p"riges, and miniature golf courses
8734 Testing laboratories, Self-service- storage. facilities Public
Utility distribution facilities, Commercial sport, and recreation
Clubs.
ll'
5r. Allowed Building Height
The maximum building height allowed-for-all B2 uses. shall: be 315 feet or as may be
Otherwise proVilded in the County-'Code for the B2 Zoning District.
,Respectfully sub Mitted,
CBVentur LLC
W§ncly Craun, (Title),
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To= wit::
The foregoing instrument Was acknowledged before me this the 4'' day
Of 2015 by �t-PD,6A- J4-rfk'v'ri=)
NOTARY PUBIC
M y cbrnmission expires: 6 "01 1
Debbie Jenkins
Comm* number., IS �1-3,9j' Notary,.Nbllp�
_t5$i.on:,nq. Cornmonweafth---6f NArginis,
Notary,Regis"fiom#75§3285
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AMENDMENT
Action•
PLANNING COMMISSION: February IS, 2015 - Recommended Denial
BOARD OF SUPERVISORS. June 10, 2015 ❑ APPROVED ❑ DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #05 -.14 CB VENTURES LLC
WHEREAS, Rezoning 405 -14 OfCBVentures, LLC, submitted by Montgomery. Engineering Group,
Inc., to "rezone. 2.42 acres from B`1.(Neighborhood Business) District to B2 (General Business) District with
proffers dated May 1.3,20'14,1dst revised on -.June 4,.2015, was considered. The property islocated,at 103'3
Aylor Road in Stephens City. The property is further identified with,-.PIN(s) 74 -A -104 and 74 -A -105 in the
Opequon Magisterial District.
WHEREAS, the Planning Coinmi'ssion.held a public hearing on ihi's,rezoning on January 7,, 2015 and
a public. meeting was held on February 4-8,2015, and recommended denial of this request; and
WHEREAS, the Board of:Supervisors held a public .,hearing on this rezoning on March, 11, 2015;, and
WHEREAS, the Board, of Supervisors held a public meeting on this rezoning on May 13, 2015 and
again on June 1.0, 2015; and
WHEREAS, the Frederick County Board, of Supervisors finds the approval of this rezoning to be in
the - .best 'interest of the public health, safety; - welfare,, and in conformance with the Comprehensive
PolicyPlan
NOW, THEREFORE, BE. IT ORDAINED by the Frederick County:', Board.of,S.upervisors that
Chapter, 165" of the Frederick `.County Code, Zoning, is amended. to revise the Zoning District Map to
rezone 2.42 acres from "B.I(Neighborhood Business) District. to ,B2 (General ,Business) District with
proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are
attached.
PDRes #1 0-1 5
f
'. -2-
This ordinance shall be in effect on the date'of adoption.
Passed this 10th, day of June, 201.5 by the following recorded vote:.
Richard C. Shickle, Chairman Gary A ;. Lofton:
,Robert A. Hess Robert W. Wells,
Gene E. Fisher Charles S.;- DeHayen, Jr.'
Jason E. Ransom .
A COPY ATTEST
Bren& G. Garton, '
Frederick County Administrator
PDRes #10 =15'
14Ab`d17 '1188
• f9 )0 74 03 F7/
� \ 74A0317 �� 748 5 75 A 54 I
18 74A0317
103y16 1T9 1 2
IAyA0316 - '
748 5
�74AO316 74 A 103 1 1
1 27 .74A0316
,' 1 2 9 •
P 74A0316 748 5
A 31
74B 5
jT222 748 5 • 1 4
3 �+ 1 A
2> MW i , 7485
74BT5 �5
16
_ _ 74615 746 5
b.
74B 5 7q;
• 748 5 I Y4 1
1D 7487
• 2.26
R I 74 A 104 748 7 748 5
( • 748 756 1 23
74B 7 748 5
2 55
74A 105 254
54 74
7487 1,
X748 7
85 4 1 2153
2 30 2 42
85 42
85 4 3
74 7�7 748 7 2 52
8
231 �l
748 7
85 4Rb'A �r 2 5�
74B 7 74817
'140 74B�
2 32, 2 d4
85 4 4 • 7d6 7
748 7 748 • 748 7 2 50
�2 33 �39 2 q�
85 A
1498 �2f34 74B 7 2 49
2 38 748'
2 46
74B 7
7,48 7
7481 2 48
74B 7 2 37 t 2TA7
2 35
7487
2136
8
Applications
Sewe r and
Sewer Water Service Area
OParcels
Building Footprints
B1 (Business, Neighborhood District)
B2 (Business, General Distrist)
B3 (Business, Industrial Transition District)
EM (Extractive Manufacturing District)
HE (Higher Education District)
M1 (Industrial, Light District)
M2 (Industrial, General District)
MH1 (Mobile Home Community District)
MS (Medical Support District)
OM (Office - Manufacturing Park)
R4 (Residential Planned Community District)
R5 (Residential Recreational Community District)
RA (Rural Area District)
RP (Residential Performance District)
D
i a -s
V-
r J
SteNnen's City
t
I ..
�FAIRFAX.PIKE FniRFaxrre ' 1
Note:
Frederick County Dept of
REZ # 05 - 14 Planning & Development
CB Ventures, LLC 107 N Kent St
Suite 202
PINS: Winchester, VA 22601
74 - A - 104, 74 - A - 105 540 - 665 - 5651
Rezoning from BI to B2 Map Created: November 25, 2014
Staff: mruddy
0 135 270 540 Feel
of • . • Aerial Overview (1 of 3)
Fairfax Pike (Route 277)
Project Location
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Ben Montgomery
From: Funkhouser, Rhonda (VDOT) < Rhonda .Funkhouser @VDOT.Virginia.gov> on behalf of
Ingram, Lloyd ( VDOT)-< ;Lloyd.ingram @VDOT.virginiagov>
Sent: Friday, August.08, 2014.9:23 AM
To ben @meginc.biz
Cc Ingram, Lloyd (VDOT); Smith, Matthew, P.E. (VDOT); John Bishop
Subject: CB, Ventures, LLC - Aylor Road - VDOT Comments, to Rezoning
Aftachments: Scanned from EDNXerox.pdf
The documentation within the application to rezone this property appears to have a measurable impact on
Route 647. This route is the VDOT roadway which has been considered as the access to the property
referenced.
VDOT is satisfied that the transportation proffers offered in the CB `Ventures, LLC Rezoning dated
May 21, 2014 address transportation concerns associated with this request.
Before development, this office will require a complete set of construction plans detailing entrance designs,
drainage features, and traffic flow data from the I.T:E. Trip' 'Generation Manual, Seventh Edition for
,;review. VDOT reserves the right to comment on all right -of -way needs, including right -of -way dedications,
traffic signalization, and off -site roadway improvements and drainage. Any work performed on the State's
right -of -way must be covered under a land use permit. This permit is issued by this office and requires an
inspection fee and surety bond coverage.
Thank you for allowing us the opportunity to comment.
Lloyd A. Ingram I Land Development Engineer
:Virginia Department of Transportation
Clarke, Frederick, Shenandoah & Warren, Counties
14031 Old Valley Pike
`Edinburg, VA 22824
voice: 540/984 -5611
fax: 540/984 -5607
'e -mail: Lloyd.Ingram(avdot.virginia gy
Post Office Box 1877
Winchester Virginia 22604 -8377
June 6, 2014
Mr. Ben C., Montgomery
Montgomery Engineering Group, Inc.
1`32 "Saddleback Lane
Winchester, Virginia 22602
Ref.: Rezoning.Plan Comments
1033 Aylor Road
Tax Map# 75 -A -104 & :105
Dear Sir:
Pit — (540)868 -1061
Fax — (540)$68 -1429
wwwAsa- water:com
UwesE. Weindel, P.E.
Engineer- Director
Per your request, a review of proposed rezoning plan has been performed. The Frederick County Sanitation
Authority.offers comments limited to the anticipated impactleffect upon the Authority's public water and sanitary
sewer system and the demands thereon.
Th'e parcel is in the water and sanitary sewer area served by the Authority:, Based on the location both water,
service and sanitary sewer service,-is available within reasonable distance, from the site. Sanitary`sewer treatment
capacity, at the waste' water'treatmeiit plant is also presently available. Sanitary sewer conveyance capacity and
layout will be contingent on the applicant performing a technical analysis of the existing sanitary sewer system
within the area to be served and the, abilitybf the existing conveyahce,system "to accept additional load. Likewise,
water distribution capacity will'require the applicant to perform a technical analysis oftheexisting system within
the area to. be served to determine available capacity.
Water and. sanitary sewers are to be constructed -in accordance with.the FCSA standards, specifications. Dedicated
easements may be requires and based on the, layout vehicular access will .need to be incorporated into the final
design.. All easements should be free any encumbrance including permanent structures (fences, signs, etc.)
and landscaping,(trees, shrubs, etc;).
Please be aware 'that' the Authority does not review or comment upon proffers; and/or, conditions proposed or
submitted by the applicant in support of or'in conjunction with this application, nor does the Authority assume.or
undertake any- responsibility to review or comment upon any amended proffers an conditions which the
Applicant may hereafter provide -to Frederick; County.
Thank,you;
UwesE. Weindel','PE
Engineer-Director
WATER'S'WORT14 IT
COUNTY of FREDERICK.
Department of Planning and' Development
540/665 -5651
FAX: 5401665 -6395
TO: Ben Montgomery
Montgomery Engineering Group, Inc.
FROM: Michael T. Ruddy, AICP
Deputy Director
RE: Rezoning, Comments: CB Ventures, LLC Commercial Aylor Road.
DATE: August 22,2014
The following comments are offered regarding the CB Ventures, LLC Commercial
Rezoning Application. This is a request to rezone 2.42 acres from BI (Neighborhood
Business) to B2 (Business General) with Proffers. The review is ,generally based upon
the'Proffer Statement dated May 21, 2014,, and the Imp_ act Analysis Statement dated, June
20, 2014.
Prior to formal submission to the County, please ensure that these comments and all
review agency comments are adequately addressed. At a. minimum, a letter describing
how each of the agencies and their comments have been addressed should be included as
part of the-submission.
General
The submission fee for this application would total $10,242.00, based upon
acreage of 2.42 acres.
Land Use
1) The 2030 Comprehensive.Plan Long Range Land Use Plan provides guidance on
the ,future .development of the property. The property is located, within ,the UDA
and SWSA. The 2030 Comprehensive Plan identifies the general Area
surrounding this property with a commercial land use designation. In general, the
proposed commercial land use designation for this property is consistent with this
land use designation of the Comprehensive Plan. However, the existing, land use
in this area-is- neighborhood commercial in character. Immediately to the east of
this property is an existing residential neighborhood. The existing character of the
land use is a consideration when evaluating this proposed rezoning.
107 North Kent Street, Suite 202 o Winchester, Virginia 2260M000
CB'Ventures; LLC Commercial Rezoning Comments
August 22; 2014
Page 2
The intent of this district (BI Neighborhood Business District) is to
provide small business areas to serve the daily household needs of
surrounding residential. neighborhoods. Uses allowed primarily consist of
limited retailing and personal service uses. Business uses in this district
should be small in size and should not produce substantial vehicle traffic
in excess of what is usual in the residential neighborhoods.
2) The subject properties have frontage on and access to .Route 647, Aylor Road.
Aylor Road is identified as a major collector road in.thel County's Eastern Road
Plan. The rezoning application should fully address this road project as designed
by VDOT in the most, recent improvement plans for this project. In particular, the
right -of =way needs of the project. Any improvements associated with the
development 'of the, site within the future road right-of-way should be consistent
with those identified in the plans and to the satisfaction of VDOT.
Impact Analysis and Proffer Statement
Please address the following items from the Impact Analysis and Proffer Statements
prepared for this Application. The following comments have been provided in,
conjunction with John Bishop, County Transportation: Planner.
1). The application does not address the potential impacts associated with the change
from BI (Neighborhood Commercial) District to B2 (General Commercial)
District on the, adjacent.residential'land uses.
2) The Impact Analysis states, that this site will negatively impact Police Protection,
Fire and Rescue Protection, Water and Sewer Usage, and Solid Waste Disposal.
The capital needs associated with these impacts have not been quantified and have
not been addressed by way of mitigation other than to say that there may be a
potential increase in tax revenue and fees from this development. Please quantify
and address the impacts,
3)' The Traffic portion of the Impact Analysis states that the potential development
square footages established for each zoning district -in the Zoning Code are
grossly overstated (131.43,068, 132- 21,361). Please clarify if the numbers used to
in*e'yQUr; onclusions are those established by the County, or your, own estimate.
4) Transportation improvements to Avlor Road and Route 277, Fairfax Pike, are
planned on the VDOT Six -Year Improvement Plan. Therefore, at this time it is
not anticipated that this ,project constructs improvements to Aylor Road, rather,
dedicates appropriate right -of -way, designs access to this site that is consistent
with those improvements anticipated with the VDOT Six -Year Plan Project; and
provides :some contribution to transportation improvements resulting from the
impacts of this new development; .further; that the value of any contribution has a
nexus to the development project and its impacts.
01
CB Ventures; L- LC Commercial Rezoning Comments
August 22, 2014
Page 3
•
5), Proffer 1 is .redundant as B2 land uses are obviously those that the property will
be developed with under a B2 ;rezoning. Should you desire to prohibit certain B2
uses this would be the appropriate location to do so.
6) Proffer 2 is vague and provides no .concrete commitment to address the
transportation impacts and future road construction and right -of -way needs.
Transportation improvements proffered should support the Aylor Road/277
project-and should.include-appropriate triggers for completion and/or dedication.
7) The GDP shows improvements to the site that may be construed to be.the scope
of development land may, in the future, be in conflict with ordinance
requirements. To provide the applicant with as much_ flexibility in the future
development of the site; it is suggested that some of the site design details are
removed, such as building footprints ,and buffer details, from the GDP. Features
important to the rezoning, and those that exceed ,current ordinance requirements
should be depicted'On4 the GDP. Such features should also reflect consistency with
'items described in the proffer statement.
In conclusion, please ensure that the above comments, and those offered by the reviewing
agencies are addressed.
MTR/dlw
MONTGOMERY
Sngilfeerimg 6�roup. hfc.
November 1, 2014
Re Rezoning CB Ventures — Aylbr Road
County of ;Frederick
Department of Planning and Development
107 N. Kent St.
Winchester, VA 22601 -5000
Dear Mr. Ruddy:.
Peryour attached comment letter dated August 22, 2014, we have made the following revisions
General
1,. Fee amount is acknowledged.
Land Use
1. Land use consideration understood.
2. The submitted plan and revised Impact Analysis Statement in conjunction with the Proffer
Statement addresses the most, recent. road_ realignment for Aylor Road. This plan has
been approved by VDOT.,
Impact Analysis.-and Proffer Statements
1. We believe because this is on:Aylor Road which is a major collector road and not' on any
roads leading into the neighborhood that the impacts to the adjoining neighborhood to be
minimal and would be mitigated by the current screening requirements. Statement added
to Impact Analysis Statement.
2. At this time we have no way to quantify Police, Fire & Rescue, and Solid Waste Disposal.
The statement remains true thatthe change in zoning when comparing a fully developed
131 site,to aJully developed B2 site is very "small. The difference in tax revenue is
proportional. The water usage is being addressed in FCSA reviews and statement has
been modified to reflect. No additional proffers are being offered nor are they needed.
Z. My statement -#hat °the Zoning Code grossly overstated the numbers was incorrect on my
part. I was not; calculating_ based on "Acre of Use". The Impact Analysis Statement has
been modified to indicate :the small difference between allowable square -footage of -use.
4. The profferd_edicates the ROW for the property and limits development in that area. We
believe that, proffering the ROW without payment from VDOT mitigates future VDOT
development costs. This has been accepted by VDOT.
5. We have listed additional B2 land uses to be proffered.
6. The trigger for the proffer is exercise by VDOT when the road is being developed. No
proffers for additional contributions ,are being made. Proffer Statement has been
reviewed by the county attorney and accepted by VDOT. As stated in Impact Analysis,
the transportation impacts are:less than 10 %.
7. The GDP has been revised to remove building footprints and buffer elements.
Thank you for your help in this process. If you have any questions, give me a call.
Sincerely�2ry,
Ben C. Mon PE
GOMERY, MONT
ENgrNeeriHg group, �irc.
Impact Ana lysis Statement"
CB Ventures, LLC - Aylor Road
Tax Map #75 -((A)) -104 & 105
Revision 1 — 11_/1714
i
9
Owner: CB Ventures; LLC.
1'30 Hawthorne.' Dr.
Winchester, 'VA 22601
Applicant: Montgomery Engr. Group, Inc.
132 Saddleback Lane
Winchester,, VA 2. 2602
(540) 974 -7382 ben @MEGinc.biz
•'
Property: Tax Map #75 =((A)) -104 & 105
1033 Aylor Road; ..Stephens City, VA 22655
Zoning: Present 131
Proposed B2
A. 'Suitability of the Site
The site'is located on Aylor'Road approximately 0.25 miles north of Fairfax, Pike
in Frederick County, VA. The present use of lot 104 is a car wash and. lot 1.05 is
vacant but:once had.a self= serve gas station operating' in'the.70's. All tanks were
removed in 1986 and an Environmental.Site Assessment was performed in 2005
on lot 105. There are no known.site hazards. The total acreage is 2 -.42 acres.
Access to the site is currently from two entrances off Aylor Road for each lot or a
total number of 4 entrances. The-total current frontage is. 392.57 feet.
The site and location make :it suitable for a wide :variety of uses. By rezoning to
B2 °, a, much larger pool of uses,is allowed therefore: making the property more
marketable.
B:, Surrounding Properties
The property to the north is zoned- - B1,and presently. being used as a Dentist
Office The property to the fsouth is.zoned 131 and presently being used as)
,duplex office housing an Orthodontist -and a Stock: Broker. The property to the
east is zoned RP and is being used as single family residential. Aylor Road, and
=8'1 bo'rderthe property on -the west. The nearest residence is approximately 75'
from the property line. The property.,being on Aylor Road a.major collector and
not on any roads leading into the neighborhood greatly reduce the impact t6 the
RP neighborhood. Per currentzoning code the site will be fully screened per
category B on the east'side (:side adjoining the RP District). The 25'.inti
portion of the buffer shall be screened. with landscaping and .6' fence per.code.
This buffer will mitigate any impact to the neighborhood.
C. Traffic Traffic I'mpapt Analysis
Rezoning proposal does not,sLbstartiellv,affect transportation on th e state-
highway.
,,
Badkg(round
-The:site is located orTAvlor Road approg
imaieWO.25 riiiles,north= of Fair-f6x,. Pike.,
in Frederick CbUn-' V The,present use of lot 1,04 `i5 a:car wash and lot 105 is
vacant.- The totaf acreage is 2.4-Zqcres.
Access to the,site, is, currently from two, - entrances 7 off Aylor Rcfad. for each lot or a
total number of 4 entrances. TheJota] current, frontage is 392.57 A-.
The pr oposed T ing, less;., 0r - th ,br6ffer6droad right,cifwayfor the: realignment of
,.-,
Aylbr Road reduces the site area to 1,.90 acres ith two Jentrances ,- proposed
..
This analysi s
assumes Aylor' Road will be realigned. D6r;V.DOT diagram-s. -The
existing and propos.6d area, is thoWh in the attached. drawing: , Th is'drawing
depicts the realignment of Qyl6r ,Road and the proffered, right of way,. The bicytle,
trail, currently on Aylor Road is als6shown and extended..
at an
The site is located in a. f.l,,, �,Oasonably,,str6jg,ht area of Aylor Road. Site
mrithan 590 'feet. Th'
distances are greatL, . e current speed'-Jimit'is,40 mph,. Roads
-affected by this :rezoning a I reAylor Road and Fairfax Pike.
Analysis of Exisliho Cohditi'Ohs
Aylor Road currently runs inftontof the- two lots and p6hri0qt8with 'Tasker Road
to the north. This intergectidnI181 mi les-away. Ayjor. Roads connects with
- o Aylor Road O.'2�5 _mi.H.' es aW;ay'- t the: serves several major
reg,id,entiaf areas., 'In the area. Of the Jots house two fast-food restaurants, a gas
station and .several medical office'building,5.
90 AADT and. approxim te peak hour
Current traffic courit8are ;ap_ -W a
approximately
of 5601.-Vehitles,per- hour. . Fairfax: Pike has an.,pipproArnate AADT of 1,0,900, and,
vehicles on Aylor
dop.r6XiM'aite,- peak .hOU,t:Of.�9,QOVeh-icie's: per h.ou(- 99%of,the
Road are fired 4h
01'910 , on Fairfax Pike are 4 tired,
The�existing,,,lcarwasK per ITE'is -approximately 75 vehicles per hour during daily
peak 'hour.
P , fop e,&T-
os rip, Generations
•Per Frederick. CoUn_., usage ,density 'is "to be, b.116ulated at
square f6o*es, O_erusab�!O: 806e, 131 uses 1,3,.0.'68 square feet] acre and B2
'3
uses;24,361 sguace feet /acre of retail' space: :Using.these factors +and the 1TE
Trap Generation - manual the following has'been..calcu -ate-
- -Current Zoning B1 of u "s_able, acreage:
1 60' acres x 13,06,8 sgft/ac 20,,909 sq ft of retail space
The averageweekday rate is 44 32 vehicles per. day, per 1`:000 square foot or 925
vpd
The maximum peak hour rate.is 6.84_yvehicles per hour per "100.0 "square foot or
1,45 wph.
Proposed Zoning,182 of usable acreage,
1.05 acres.x.21,361 sq.ft/ac = 22,429-sq ft of °retail space,
Using -the: same rates as, above,-r9,95.. vpd •and max'hour:of 1,55'vph.
U.9ing °the actual usable area, of the'lots considering.set; backs; buffers and
parking requirements, fiiesesquare footages the B2 area -is believedto be,closer
t
to 11.6;000 Isp ft of retail ,,or 700`w.pd „and peak hour of 1.1.0 vph.
Based on these calculationsI: ,reasonable estimate of thetraff is increase from
B1 to: B2 would be less than• 1r0 %:
Conclusion
y Developing the property-fully -using B'1 zoning and .densitywould be handled by
the current Aylor.Road configuration. Rezoning to:B2 and fully, developing using
the reconfigured Aylor Road' more than account forthe .1 Q% increase'in;
traffic potential created: This increase's imit igated by,the proffered right of way
for this new roadway:,
DI. Sewage: Conveyance and Treatment
The site is currently served by FC- .SAswith an .8” sewer main: The lot 10..4
-0, resently has a self service and automatic car wash: Itlis unknown at;th is, time'if
the carwash shall ,,remain The sewer effluent difference:for;most land,'usgs` is
minimal'betwe- en;B1:and B2 '.Zonings,with.theexceptionofa btel.:Shouldcthat
use,, bet, used fhe water consumption would average I'tietween.200;000rand .
306;00`0 gallon s= per month. Sewer mainrruns at front of.property andsouth "..
Present Car'Wash connection is,ir .the front,
-
:Based on "our.. pre Iim, i'nary°studies there` is,adequatelsewer services:in place-to;
handle all potential land uses: Any. impacts due to ,increases m;sewer,effluent .
will be.off se`t. by'the reciprocal increase, in water / sewerfees,generated.:.
F
4
E. Water S -uPPiy
that; If 00�s the
The site is currently OSA with? an 8" 'water mp!ri, a
f! served by�f
front,of the property 'The lot 1-04.
presently ,has. ,a self service: 'd :automatic ,car
wash. It is ,u ri kniowh atfhit liftie; if the rca-rwaish, ;sha R rem 80h. The,,water,use
f -u T1`1 -d- B2 Zonings Wifhjhe
differende', r most lcqnd' - se& is 'inimal, between 131 an
exception of Hotel. -Should that Use be used ,the would
water 'consumption uld
r_
average "between 200,000 and, 300,000' gallons per. month,.
Based Udie t water service in, place to
as on our st -g, here is adequate,
drLises�andLfjr -rote
handle all potential lan 0 p -6tion., Any impacts due to.,
increases,
in Water usage, will be oftetty1heledip(Ocal increawin'-water /sewer fees
generated.
i
F Drainage
The site presently .drains tO- :the south and Nbt. FCtU.ce,development Will ,require
cil fi -e�w*th% .Frederick County
bo.th�ret6n,tliOnfa.,-.'-.ilti.i§t,:8fhdB.M'8"uti..iz.ation, in, i
StormWater,ordihance,#143.1' Rochange8h drainage " ;patterns should be
requireo., . Future'Stormwater :designs ,should,minimize, flows directed toward the
existing residential development
G. Solid Waste Disposal' Facilities
The prospect. for-additional solid waste is,,Iikel'y. Enclosed, dumpster locations
shall be required and planned; ed' as a part of t he sit
e, planning process. All hauling,
,- - :
and disposal shall; bei ,the ,responsibility "of the oWrier'.. Increases) ih'tax: revenue
will .snore than account,forr this burden.
H. HjStOr1'Cr Sites s °'and'Structures
The site has no histori6bil,significance.
I
;lmpact,on Community Facilities
'bslax,'base, will incri�as6With�onl', minimal
aervrce 5y �dqveld no his� site, the counties tax - _. will increase 11 1 11 - _ 11. j. I
y
requirements ; The potential increase M10x, revenue ;from this project is
between $`15,000 . ,,!,a"nd'$-?Q;QO'O per year. Additional revenues ,shall !be= produced
forwa'ter] sewer�Usage,,
1his,646 will n' Og atiVely impact Police Rpbtec tiOn Fire andRescue.Protectibr,
I .
Water ,& S_._eWer,us,!g, and Solid' Waste Disposal: The site,Will be-approved L iiby
the Fire, Marsha[ lan&'Buildin eand-Inspection's,diepp'rt,m6nt to lower fire risk. On
site'firehydrant ),,_shaII-,be,1nstalldd. Pro 06rlighting shall. be re tuire
'f& safety
0
� l
REZONING APPLICATION FORM
FREDERICK COUNTY, VIRGINIA.
To be completed by Planning Staff
.Fee
Zoning Amendment Numlier :C 5 y Ddt
.:PC Hearing, e 1x[ 1 �, ;>
F as Y>
nt Paid, 1
;ved. 1
The following information shall be provided by the applicant:
Y
All parcel identification numbers, deed book and page numbers may be obtained from the Office of the
Commissioner of Revenue,, Real Estate Division,, 107 North, Kent Street, Winchester.
1. Applicant:
Name:, Montgomery E.ngr Group;, Inc:
Address: 132, Saddleback Lane
Winchester, VA 22602
2. Property Owner (if different than above):
Name: CB Ventures, LLC
Address: 130 Hawthorne br.
Winchester, VA 2260,1
3. Contact person if o"ther'than- above:
Name:
Telephone; 540 -974 -7382
Telephone: 540 - 535 -1897
Telephone:
4. Property Information:
a. Property Identification,Number(s): 74 -((A)) - 104 & 1.05
b. Total acreage to be rezoned: 2.42
C., Total acreage of the parcel(s) to be rezoned (if the entirety ofthe parcel(s) is not being
rezoned):
d. Current zoning designation(s) and acreage(s), in each designation: B 1
e.
T.
Proposed zoningdesignation(s) and acreages) in each. designation.: B2
Magisterial'District(s) O peq uon
12
5. Checklist: Check the following items.that -:have been'included with this application.
Location ,map F AgencyComments
Plat _ ✓ _ Fees
Deed io property _ ✓ _ Impact Analysis Statement ✓
Verification -of taxes paid _ ✓ Proffer Statement _n
Plat depicting exact meets and bounds for the proposed zoning district VT
_
Digital copies (pdf s) of all submitted documents, maps and exhibits _ ✓ _
6.: The Code,of Virginia allows us to request full disclosure of ownership in relation to
rezoning' applications.
Please list below all owners; or'parties in interest of the land-to be rezoned:
Edward P Browning, IV
Randy Craun
7. Adjoining Property:.
PARCEL ID NUMBER
74- B- 7 -2 -27
85 -4 -1
85 -4 -2 & 3.
746= 7 -2 -25
746 -7 -2.29
74B- 7 -2 -30'
USE
Dentist Office.
0rthodontist7Brokw
Vacant'
Residential
Residential
Residential
B1
B1
B1
RP
RP
RP
ZONING
8. Location: The property is located at (give exact location based on nearest road and distance from
nearest intersection, .using road -names -arid route numbers):
1033'AylorRoad, 0.25 rhiles, north of Fairfax Pike Stephens'City, VA 22655.
13
9. The following information should be�provided according to the type of rezoning
proposed:
Numbe "r of Units Proposed
Single Family, homes; Townhome: Multi- Family:
Non - Residential. Lots: X Mobile, Home: Hotel. Rooms:
Square. Footage of Proposed Uses
Office: unknown Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:,
Commercial: Other:
10. Signature:
.I (we), the undersigned, do hereby respectfully make application and petition the Frederick
County Board of,Supervisors to amend the zoning ordinance and'to. change the zoning map
of Frederick County, Virginia., I (we) authorize Frederick County officials to enter the
property.for site inspection purposes..
I (we) understand' that the sign issued when this, application is submitted must be placed at
the front property line "at least seven., days °prior to' the, Planning Commission public hearing.
and the Board.of Supervisors public hearing and maintained so as to be visible from the road.
right -of- -way until the hearing.
I (we) hereby certify that this application and its accompanying materials are true and
accurate to the best of my (our") knowledge.
Applicant(s): Date: �f
Date:
Owner(s): Date:
1 %
_ Date:
7 / c.
14
A �
-ADJOI NING PROPERTY OWNERS
u h
Owners =of propert y`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 prop erty "direetly 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 Co_mrnissioner of
Revenue. The Commissioner of the Revenue is located on the 2nd floor of the Frederick County
Administrative Building, TO North Kent Street:
Name and'Property Identification Number
Address
NameWilliam L Stiebel
1110 Breckinridge Ln
Winchester, VA 22601.
Property #74B -51 -D _
NameGarrett Ent. Ltd.
1841 W Plaza Dr.
Winchester, VA 22601
Property #85 -4 -1
NameWinchester Medical` Center
1840 Amherst
Win "chest"e"r, VA 22601
Property #85 -4 -2 & 3
NameMarshall Conner
100 Downing Dr
Stephens City; 'VA 22655
Property #743- 7 -2 -26
NameKaren M Pawlak
104 Downing Circle
Stephens City, VA. 22655
Property #7413- 7 -2 -27
NameKevin and Stacey' Chapman
106 Downing Circle
Stephens City, VA 22655
Property #74B- 7 -2 -28
NameRoger & Cynthia Layman
1215 Marlboro Rd
Stephens City, VA 22655:
Property' #1413- 7 -2 -29
NameUlyss.es &. Dorthy Ce rriker
110 Downing Circle
Stephens City; VA 22655
Property #7413J-2-30
NameRonald & San-dr.a Mitchell
112 Downing Circle
Stephens City, VA 22655
property' #74B- 7 -2 -3,1
15
`5,. Allowed Building Height
_ ��h : gam- 9 The maximum buhei _htall' owed for office buildin s ,and hotels /motels: shall
be 5- feet-_and the maximum building, height allowed for ali othi'r B2: uses shall -be
35 feet or as a be otherwise- provided -in tthe'County Co([61-f& the B2 Zoning
Distr ct:
Respectfully submitted;
CB Ventures, LLC
Edward. P. Browning,, IV (Title)`
COMMONWEALTH OF VIRGINIA, AT LARGE
F.REDERICKC:OUNTY; To -wit
The foregoing'instrument was acknowledged before me1his_ day
of , 2G14, by
NOTARY PUBLIC°
My-commission expires:
Commission number:
Randy Crau:n (Title)
COMMONWEALTH OF VIRGINIA,,AT LARGE .
FREDERICK COUNTY, To -wit:
The`forego;ing.'ir stru'ment was acknowledged before,me1his: da,y
-,of- , 2044, by
NOTARY 0U,13 LI.0
My commission expires;:
Commission number:
When used Jn these ,proff6rs,the"GeneralizedDevelOphOn.t F1-ai".,, snail tefe
rto
the plan 1pntitled "'CB Vbhtures,'.LLC Aylor Ro8&adated February 23; 2014
revised'Novem'ber 1, 2014 (the "GDP"). and isincluded
in this proffer..
Site Development..
1 Prol)00Y Adlcps'&
.Property - access shall""be via the lb"' o new entrance s. shown` on GDP from
,Relocated Ayloe, Road
as approved by VDOT: Tom'oorar, access to the property
may, in e "interim„ be, yibehtrances, on the, existing portion of Ay!Qr, Road,,, as
approved by VD0T,'- until such time:th-e- right of Way"for' the future .Ayl . or Road
realignment imprOv emen.t. Project is conve yed p the Commonwealth of'Vir-ginia.
t,
This temporary access, may cross the area identified The right,of'way dedication.
Improvements necessary to utilize the two new entrances shown on `the GDP
after the coriveyance,°.shall be 'the responsibility 6H he Applicant.
Right ofvaydedi�cation-.
The, Right:0flWay,sh'dwhi On. the 'GDP ,for- the future Ayl a
Or Ro d,= Riealignment
improvement project; shall conveyed to the Comm rfwealth of Virginia or
0,
Frederick ,County ,w
J.thin,RQ, days of a written ,request from oifhee- VDOT or
Frederick County:. All site,,,develbpment shall, Occurbri, the urea outside of the
, area Aentified-fo r f6to m NO ht. of, Way dedication. The only exception to this
ng Right: e t0mod'rary. access, identified in. Proffer 1. The provision for
conveyance .of r6quirement"bei, fh
the of W rce,'oreffect, however,,
_ VV ay shall have, no further for
should rieither the VDOT 6 Year Plan nor, the Frederic_k,,CoLj,h`fy Road Plan
continue to, showthe realignment or imp-
Tovement OfAylor Road,
3., Lighting.
All lighting Shall be'bu-ildinlg mounted wall packs or on poles, and'shO be no
higher,than 2,Q", Lighting shall be downcast,8nd shielded I to prevei.ht glare and
intrusion of light onto ladj-6inibg of6pertie8_.
4. Land U8o,
The Property shall be allowed to,develop with B2 I'and,uses with.b]xcoption of',,
S I C i;'C6d e Use
674 ,Veterinary Offices
554 Gbsoli'no. Service Stations
2
When used in these proffers, the "Generalized Development' Plah shall .refer to
the plan entitled "c'B °Ventures; LLC - Aylor Road" dated February 23, 2014
reyised November 1„ 2014 (•th`e "GDP ") and is included- .in Ah.is?p.roffer.
• - Site Development:..° .
{ 1. `Property Access:
n.
` Property access shall bewia$the two new entrances shown 66,G
RelocatetlAylor Road, as_ approved b.y VDC9T } Temporary access to the prope;rtq ^
may, in the Jin terim; b" entrances :on th- - tmg portion of Aylor' Road, as .
approued b VDOT' untiLsuch�.time then f%t of wa 7 or', future Aylor Road
�.^ ,Y : , n 9 Y
realignment,imp MVP rnent project is conveyed to -the COmmonWbbIW -Of V rgrnia ,:'
This temporary access may cross the area identified for rightof way dedication
Irnprovernents necessa rto utilize the two new entrances shown on�the GDP =_
ry
after the con, eyanc, Jshall�be the responsibility °of the Applicant ; K
- - ..
k-o 1
r
r. 2 r Right{ of way dedication
z.
he---Right' of Way shown�on the GDP`i&,ihL -' t" re Aylor Road Reali(�nment '
mprovement project shall; be conveyed to the Caommonwealth of'Virg nia ^or -
; iFreder ck County gwith°m 90`xday5yofs =a writte 2requ `4,4 om either UD4T orr
`•Frederick County All site development shailoccu,ron ttearea outside of.the d°
:~, area idenfified fog future right of3waydedication��The onlyexc'eption tothis A }
.y.,. �:: r. a ' ' #„' s;s} r r,F? i aa''re.
5, f' , requirement }being ~the temporary access itlentified m Profferr1_ The prov, sion for y
3 =
w cgnueyance of the Right�ofMWayashall ;have- no�further fo.rceaor effect howe�uer, :a 3
'should }neither the %DOT -6 �Yb&4,, an not, 6 Frederick�CountytRoad�Plan � � k�t�.
x -� '€" 2• & ai„ rk w.'xu`1�is'x�'_,' z ,ro,' f
tcontinueNto show the realignment or improyernent =of A for Road - u
; 3^ . t - .n'`•b„ o 1.z m '' :•ti - -.y^x
5
3 : Lighting F , �r
�:._ .• � t � � 5 _;s s .� _ - - tea''
yl : an �AI131ightmg shall be buiIdmg °m #ointea� wall packs o`r on poles .,a'nd� shall be °no ' l 3g
�h gher than 20 Lighting shall be downcast and shield A' preventkgl�are and � �r,wy
intrusion of light ont rim k
4 ^o ad�oi g properties x
s`__
4;,: Land Use
t -
^e, -
*;Th- e % Property °shall be allowetl to`d" P op with B2 land uses with excepfion`of:
" ,.w >
- SI`C Code - = Use...
074; Veterinary Offices
554 r Gasoline Service Stations
2
5. Allowed Building Height
The:rnaxirn am •building height - - allowed for office buildings and hofels /motels shall
'be 50 feet and the- naximum building height allowed fob all other B2 uses, shalfbe
3'S feet=or as,ma be otl
y erwise prodded in the County =Code ,for„ „the B2 Zoning
Distncf
Respectfully submitted; �'
CB Ventures; LLC -
_ Edward P Browning, IV�, � ._ (Title;) � '
CHRISTY ;MIH -0 ar ,
r , tNofafAV.- Ru&Ilc �s r±
yCOMMONWEALTH, OF' VIRGINIA, AT LARGE Stateof Cotorado� fi '
FREDERICK COUNTY, To wit }
;3 'j erg.
The foregoing iristrurnerit was acknowledged before rn�e this_ C day
b
of a f(d) i c � u 2014;,- y'
f: n• r
OPT
ARY PUBLIC
N1y cornmission� expires 1 1 =- L I
,r
$Cornmissnurnber
{�,�t'� t .,;k !�',. � � „C �''` �,.+Lm � :'r..rA � �r � F wk ,.' k '�- .ki3- � sr,r r a � � - `ry ,E'i•. Ai _� i � .�, > .. J y. � :-t` vtL �- n�Mz }:
is }.. r_v�s -r 3` tiM' d„� - '."er .>'' .ro^ a 'Ry'. g -_r:�n ,� ”. zF �'� • t+' x w q
•3. ! Y � 3 . $` 4 4
11 k rt
All � "*
,ti" •2. i r . , � Y .j k. ry i $�.
i R ndy -Craun (Title) s Ar
3
� 3 R ��. 1 � x h•,. - Irk' Y.
Y COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY,
E
The foregoingryinsfrurnent wasyacknowled ed bef re me this �T1 „t y
ofbru ry n'1
c � .
r
r.,
NOTARY PUBLIC` R
j
My cossion
expires:
rnrni q 1361 �.
Commission number: 3�,5
PROP`(
REZONING:
Ah.
PROPERTY: 2 42 acres.
Tax'Map Parce (' 0P 105'
RECORD 01NNER; CB;Ventures, L_L
` APPLICANT`. on cry` nee ring;Group,
t
ntu LLC An Ior Road.:
P RQ' EG T NAME; y
4410INAL DATE
'F PRbFFERS 3, 2014 55 `f
REVISION D' E(S) February 5, 201;5
- a •S
s � .
r
Th nde n ereby proffers that the use and °developrnent'of tie subjects
r.
pro et (n2 , pe y ), as d'escnbed aboue, shall be m strict conformance with�the
foalo g co itions, which shall` supersede all�otlier proffers on the Propertythat x ; '
may.,; h en made pnor hereto Inthe event that they
4 t -� x above referenced B2 R
rezonmghiskn�ot granted�as applied foc3by the applicant�(``Applicant "); these, '
,
�€ roffersrshall be deemed Withdrawn and shall be :null and3uoid Further; these t`
x`S c: .k' n
>, proffers,are contingent upon final.rezomng of the Pr,,opertywithL -, inal rezoning, .4
'- define�dasthat rezaningwhichisinkeffecton the day,followmg the last day upon R<- F
zj. which the Frederick County Boa �d�ofZSupervisorsF (the' -Board ")ydecision granting F
fl . the rezonin ma be�conteste&fin thewx ro riate court Ifthe Board's decision is
contested, and the Applicant elects not to` submit development plans until such
y ' �x *��: M ^�' M '� � �, * �. s r` -c. i+' ., �•`,r s t y
i di eontestis resolved, the�term final rezoning shallzmclude the day followrngentry of
zua 9 use,. <c° ? su�`"t e s �' r`, rfd'Ps �, ..
a final court "Ae a'ffirmmg the decision of the Board which has not been 4; ,..1 ,
appealed,or, :if appealed,,the day following which :the decision has been affirmed =.4 2:
appeal •,� � � �. t� g �-_ t a� r� � � �
The headmgsof the;proffers set forth below'have beenLp�epared for convenience
or referenceionly and shall nofi controhor affect the meaning or be taken as an ..
iriterpretatwnof any, provision` of the proffers The improvements profferedAk x. ;
l ereih" hall be provided at "the time of development of that portion of the,Property
adjacent toxor including thef i r 0�ovement�`or other proffered requirement, unless ° u
otherwise specified herein Anyyproffered, conditions that would prevent;the
Applicant CB?Ventures, LLC from..
sF 61Lbe'considered -null sand void.- >
shall include` within• its meaning ;all j
Forming to State ;and /or Federal regul<
term, "Applicant" .-as referenced hereii
re owners and successors in .interest:
0`
PROPOSED PROFFER STATEMENT
REZONING:
PROPERTY:
RECORD OWNER:
APPLICANT:
PROJECT NAME:
ORIGINAL DATE
OF PROFFERS:
REVISION DATE(S):
RZ#
B1 to B2
2.42, acres
Tax Map Parcel 74 -((A)) -104& 105
CB Ventures, LLC..
Montgomery Engineering Group.; Inc.
CB. Ventures, LLC — Aylor Road
May 13, 2014
February 5, 2015
The undersigned hereby proffers that the use and development of the subject
property ( "Property "), as described above; shall be, in,strict conformance with the
following conditions,, which shall supersede all other proffers on the Property that
may have been made prior hereto. In, the event that the =above - referenced B2
rezoning is not granted ,as applied for by the applicant ( "Applicant "), these
proffers shall be deemed withdrawn and shall be null and void. Further,, these
proffers are contingent upon final rezoning of,the Property with "final rezoning"
defined as that rezoning which is in effect on the day following the last day upon
which the Frederick County Board of Supervisors' (the "Board ") decision granting
the rezoning may contested in the appropriate court. If the Board's decision is
contested, and the Applicant elects not to submit development plans until such
contest is resolved; the'term final rezoning shall include the day following entry of
a final court order affirming the decision of the Board which has not been
appealed, or, if'appealed, the day following which the decision has been affirmed
on appeal.
The headings of the proffers set'forth .below have been prepared for convenience
or reference only and shall not control or affect the meaning or betaken as an
interpretation of-any-provision of-the proffers. The improvements proffered
herein shall. be' provided at the time of development of that portion of the Property
adjacent to or including the improvement or other proffered requirement, unless
'otherwise. specified Herein. Any proffered conditions that would prevent the
Applicant CB Ventures, LLC. from conforming to State and' /or Federal regulations
shall be considered null and void_ The term "Applicant" as referenced herein.
shall include within its meaning all future owners and successors in, interest.
PROPOS:ED RROF'FER.:STATEMENT '
REZONING;_ RZ #
B1, to B2
PROPERTY. 2.42 acres .
Tax Map Parcel 74= ((A))- -10.4. & 1.05'
RECORD OWNER: CB Ventures, LLG,
APPLICANT: Montgomery Engineering Group, Inc.
PROJECT NAME: CB' Ventures, LLC .- Aylor Road
ORIGINAL DATE
OF PROFFERS': May 13'; '2014
'i REVISION' DATE($): November 19, 2014
The undersigned, hereby ;p:roffers that the use and 'development of the subject
property (``Property as. "described ,above, shall be in strict conformance With 'the,
following conditions, which 'shall supersede all other- proffers owthe: Property that
may, h p event,that the above - referenced B2'
ave been made rior'hereto:` In the
rezoning is not granted as applied for by the applicant ("Applicant"), these
proffers, shall'be' deemed withdrawn and shall; be null and void. Further, these
proffers are contingent upon final rezoning of the. Property °v"vith "final rezoning"
defined a's that.rezoning which i `in effect on the day following the last day upon
which the Frederick County Board of Supervisors' „(the "Board”
decision granting
the; rezoning may be contested inrthe appropriate court, Iff,the Board's decision -is
contested, and the Applicant elects, not to submit development:plans .until such '
contest is resolved,, the term_ final-rezoning-'shall include the day "following entry of
a final court order -affirming the decision. of the Board which has'not been
;appealed, or, if appealed, the day following which the decision has been affirmed
pn appeal:
The `head.ings of the proffers et for below have been prepared for convenience
-.or'reference only and shall, not control or :affect the meaning or be taken, as, an "
interpretation of any' provision of the proffers. The improvements proffered
herein'shall be provided at thelimeof development of that portion.of the Property
adjacent .to or including the improvement or other proffered requirement;. unless
otherwise specified herein. Any proffered conditions that would prevent the
. Applicant. CB Ventures; LLC. from conforrrming to Slate and /or Federal regulations
-shall be considered null and Void. -The term "Applicant" as referenced herein
shall include within its meaning all - future owners'and successors in' interest''.
When used in, these proff6risi the ""Generalized Development Plan"', shall refer to
-the plan . entitled "CB'Ventures, LLC — Aylor Road" dated F6bruary,23,2014
revised Novem bee 1, 2014 (,the "GOP") and is included in, this proffer.
Site Development.
1: Property Access..
Probertv access shal[ be via the, two new entrances shown on-GDP from
Relocated Aylor Road, as approved by VDOT., Temporary access to the property
may, in the interim, J existing isting *portion of Aylor Road, as
be, via entrances on..the x
approved by VDOT, until such time the right df"way for the future Aylqr Road'
realignment improvement project..' nw alth of Virginia.
m conveyed to the Comrbo . e
This "temporary ,access ,may ,cross .the ,area - identified fof tight, of way dedication.
improvements necessary to utilize the, two new entrances shown on the GDP
after the conveyance shall. be 'the responsibility of the Applicant.
:2. Right of Way dedication.'
The Right ofWa forr thefutu &A lor Road Realignment improvement project
. Y 1. .1 TI, . y development - . improvement
'Shown on GDP � hall be conveyed for the ,of said road to, the
s Ve,
Commonwealth ofIVIrginia 90, days of a written request fromeitherVDOT or
Frederick GoUfl.ty. All,,site'develop,rn(�nt-'sh.alI occur oo.th.e,.area outside of the
area identified for future= right ofway dedication. The only exception to this
requirement being th'e'teMporary access , identified in Proffer 1'. Thi's property
5 hall not be conveyed.sh, ould road development not occur or if on a future VDOT
6 Year Plan, Aylor Road is no longer being considered for realignment.- ,
Lighting..
All lighting shall be building mounted wall .packs or on poles, and shall be no
higher than W. Lighting -shall. be downcast and shielded to prevent glare and
intrus,ion, of light ontGadjoirfinig properties..
2
Respectfully submitted,,
,
'Edward P. Browning, IV:
C.OMMONINEALTH •OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
g g ' g before me this., `� day
�IT� ^� fore oin rnstrument, a acknolw�led ed
- of VU bP ( 2014, by
NOTARY PUBLIC
My commission expires: q�30 DebbieJenluns
Commissio numb r,,' Notary Public
- commonweam of Virginia
Notary':R� ": .. ?F93285
andy C:raun;
COM,MQNW,EALTH'O,F VIRG'INJA,,.AT'LARGE
FREDERICK COUNTY, To -wit:;
�p The foregoing_ instrument w acknowled ed before me this day
of 201:4; by.`.e���n5
NOTARY PUBLIC
My commission expires: C1I3o ,1
Commission number:
Debbie Jenkins
Notary Public
!' Commonwea6 of Virginia;
P,f 07593285.
7.�c�.1
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'" MONTGOMERY'
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,REZONING APPLICATION 905 -14,
CB VENTURES, LLC
Staff Report for the Planning Commission
Prepared: December 17, 2014, updated February 6, 2015:
Staff Contact: Michael T. 'Ruddy, A1CP, Deputy Director
Reviewed Action
Planning Commission: 01/07/15 Tabled for 45 days
Planning Commission: 02/1.8%15 Pending_
Board of Supervisors: 03/11/15 Pending
PROPOSAL: To rezone 2.42 acres from the Rl (Neighborhood Business) District to 92 (_General
Business) District with proffers.
LOCATION. The property is located at 1033 Aylor Road in Stephens City.
EXECUTIVE SUMMARY, STAFF CONCLUSION, AND PROJECT UPDATE 'FOR THE
02/18/15 PLANNING COIV MISSIONMEETING:
Proiect Update:
In .response to the Planning Commission's discussion of this rezoning request, the Applicant has
modified their proffer. statement (Revision Date; February 5; 201 S) to prohibitttivo uses,- Veterinary
Offices and Gasoline Service Stations. In addition, a proffer addressing the. allowed building height
has been added. The maximum'. building height forwffice buildings and hotels/motels.shall be fifty
(SO) feet. This is a reduction of (1.0) feet from that which is currently permitted by 'the Zoning
Ordinance., The County Attorney has reviewed the revised profferVatement and it is in the proper
legal form.
The Applicant has also provided an exhibit depicting the potential cross section and scale of the
adjacent commercial and residential land uses.
This is an application to rezone a total of 2.42 acres of land from the' B 1 (Neighborhood Business)
'Distri'ct to the B2 (General Business) District with proffers, to accommodate commercial uses.
The B2, (General Business).District land use proposed in this,rezoning is. generally consistent with the
commercial designation of the Southern Frederick Area Plan and the 2030 Comprehensive Plan.
However, the existing neighborhood character of the adjacent land uses should bea,consideration when
evaluating this proposed rezoning.
The transportation impacts associated with this request appear to have. generally been addressed by the
Applicant, subject to the unequivocal approval of the County Attorney regarding right -of -way.
dedication proffer, Proffer 2 (provided). The community facility impacts associated with this request
should be addressed to a greater extent.
Rezoning #05 -14 CB: Ventures, LLC
December 17;2014, updated February 6, 2015
PNe:2
The adjacent properties should be a consideration with this rezoning application. With this rezoning„
the applicant has proffered height restrictions on site lighting to mitigate potentials impacts to the
adjacent residential properfies: No additional site development standards have been proffered. The
Planning Commission should determine if the neighborhood character of the area will be adversely
impacted.
Following the required public hearinz, 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.
0
Rezoning 9.05 -14 CB Ventures; UC
December 17, 20:14; updated February 6, 2015.
Fage 3
This report is prepared by the Frederick County.Planning Staff to provide information to the
Planning Commission and the Board of Supervisors'to assist'Ihem 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.
Reviewed Action
Planning Commission: 01/07/15 Tabled for 45 days
Planning Commission: 02/18/15 Pending
Board of Supervisors: 03/11/15 Pending
PROPOSAL: To rezone 2',42 .acres from the B 1 (Neighborhood Business) 'District to 'B2 (General'
Business) District with proffers.
LOCATION: The property is located at 1033 Aylor Road,in Stephens City.
MAGISTERIAL: DISTRICT Opequon
PROPERTY ID NUMBERS: 74 -((A)) -104 and 74 -((A)) -105
PROPERTY ZONING: B 1 (Neighborhood Business) District
PRESENT USE: Car wash,./ vacant
ADJOINING PROPERTY ZONING & PRESENT USE:
North: B 1 (Neighborhood Business) B
South: 1 (Neighbor -hood Business)
East: RP (Residential Performance)
West: Aylor RoadAnterstate 81
REVIEW EVALUATIONS':
Use:
Commercial
Use:
Commercial
User
Residential
Use:
State Highway
Town
of Stephens City
Virginia .Dept. of Transportation: Please see attached email dated August 8, 2014; from- Lloyd
Ingram, VDOT.
Fire'Marshaffi Plan approved
Fire,and Rescue: Plan approved
Public Works Department: ,Recommend approval
Rezoning: #05' -1AEB Veritures,ILC
December 17; 2014;; updated February 6, 2015.
Page:4
.Frederick County SSanitation Authority: Please see. attached letter, dated June 6, 2014, from Uwe:
,eindel, Engineer - Director FCSA.
Service Aathor'ity: No comments
Frederick'County At "torney z Please see attached'letter dated December 4,. 2014; from Rod Williams,
Count'
Town of Stephens City: No issues
Planning &, Zoning:
1) Site History,
The original Frederick_`County zoning reap (U:SG S.: Stephens City Quadrangle) identifies the
subject parcels as being zoned B -1 (Neighborhood.Busiiness) District'., The intent of this distria
into provide small bus les&areas to serve the dai''_ly llousehold;needs'ofsurrounding residential
neighborhoods: Uses allowed pr- imarily consist of limited retailing and personal. service uses.
Business uses in this'districtshouldbe small in size andshould,notproduce substantial vehicle
traffic in excess of What is usual .in the residential.neighborh'oods.:
2) Comprehensive Policy Plan
The 2030 ' Comprehensive Plau'is the guide' for.'the future, growth of Frederick County.
The 2030 Comprehensive Plan is.an official public document'that,serves as the community'
guide formakingAecisions regarding development, preservation ,dpublic;:facilities and other key
components of community life„ The primary goal of thi's plan:is to protect and improve the
living environment within;Ftederick County. It isin' essence a;composition of policies used to
plan for the future physical development of Frederick County.
Land_ Use:_
The' 2030 Comprehensive Plan and "the: Southern;,Frederick Area.Ptan PrOvi& guidance on the
.future development oftlie property. The property is located within °the; UDA and SWSA. The
2030 Comprehensive Plan identifies the general area surrounding this property with,! Business
land use designation. In general,, the proposed conirnercial,land,use designation'for this property 1. is ,consi'stent With-t - h isr land use designation of the Comprehensive,;Plan, Commercial land uses
wouldAnclude both B l Neighborhood' Business and.132, General Businesszoning designations.
The existing land use in th_isarea is neighborhood business. in character, The existing character
of the land use isi a considerafion when evaluating this'proposed rezoning:
Immediately to 'the east 'of this property is an existing residential neighborhood. The Plan
recognizes the existing residential land uses. Care should be afforded to the transition between .
the business and residential land uses, both of which are located in this general area.
•
,Rezoning #05 -14 CB Ventures, LLC
December 17, 20.14 „updated February 6, 2015
Page-5
Site Access and `Transportation.
The "subject properties have frontage on and access. to Route 647; Aylor Road. Aylor 'Road .is
identified as a major collector road in the County's Eastern Road-Plan.
Transportation improvements to Route 277, Fairfax Pike, are planned on the VDOT Six -Year
Improvement Plan. This project includes improvements to Aylor Road. A copy ofthis section of
the VDOT plans has. been attached to the package for, your information. Similar to other recent
projects in the vicinity, it is not anticipated that this project constructs improvements to Route
277 or Aylor Road at this timejather,,�dedicates appropriateright- of=way „designs access to this
site that is consistent with those improvements anticipated with the VDOT Six -Year Plan
Project, and provides: some contribution to transportation improvements resulting from the
impacts of this new development; further, that the value of any contribution has a nexus to the
project and its impacts.
The rezoning application should .fully address this road proj.eet .as designed by VDOT in the
most recent improvement plans for this project. In particular, the right -of -way needs of the
project. Any improvements associated with the development;of the site within the future road
right -of -way should be consistent with those identified in the plans and to the satisfaction of
VDOT.
The•provision of two entrances is proposed. Given the anticipated design for Aylor Road, such
an approach may work in this location. The southernmost entrance appears to align with the
new and existing road configuration.
3) Site: Suitability/Environment
The site does, not contain any environmental features that would either constrain or preclude site
development. There are no identified areas of steep slopes, floodplains or woodlands.
4.) Potential 'Impacts
The subject properties are currently zoned B1 (Neighborhood Business) District. Therefore, the
rezoning of these properties to the B2 (General Business)' District will have the potential. to
generate additional impacts. However, it,is recognized that-the impacts associated may.not be
as, significant as if "this property was zoned RA (Rural, Areas) District.
As noted previously; immediately to the east of this property is an existing residential
neighborhood. Care should be afforded to the transition between the business and residential
land uses ° that ,are both located in this ,general. area. With the :exception of addressing the
potential lighting, impacts by limiting the height of any.lighting to twenty feet, the. Applicant. has
not provided any, additional means to minimize the potential impact associated with the. more
intensive commercial use of the property beyond the requirements of the Zoning Ordinance. It
Rezoning: #.05:-14 CB Ventures,, PLC
December 17,'; 2014 updated February 6; 20,15
Page 6
should be notedthat -the height of certain commercial ;structures,,m4y ncrease to sixty feet from
the :currently enabled thirty -five feet:
With regards to the potential transportation impacts, at`this time; the" roject;has the-intention of
providing, the right -of -way for the future improvements to Aylor Road. This should be
unconditionally guaranteed:; Otherwise; the transportation;i-moacts associated with this request
would not be fiillyaddressed.. Th&additional trip_ s would simply add -to the transportation issues
in this area.
The Applicants lmpact Analysis states that this. site will negatively impact Police Protection,
Fire and Rescue °,Protection, Water and Sewer Usage, and Solid. Waste'Disposal: The capital
needs associated' with'these 'impacts have not been ,quantified and.bave not`been addressed Iby
wayof -mitigation other. than to say that there,maybee potential increase in tax revenue and fees
from this development.,
5) Proffer Statement;- Dated "May 13, 2.04F4 and revised on November 19; 20.14
A) Generalized - Development Plan
The Applicant hasgroffered a, Generalized.Development'Plan. The Plan identifies the-,
properties to be. developed and recognizes: the transportation and access related'
commitinents=inade,with this rezoning application;,including the Aylor Road right -ofm
way de_ dication,.area. and the two potential entrancesAto'the site.
B) Land 'Use
The Applicant's proffer`statementdoes not, place any,limitati'on on the amount. or type
of commercial ,developme —n- t that may occur on the property,It is recognized tha.t this., s
a relatively small' parcel,, however, the potential, :inc ,ease in .intensity of the use :
including the size of th.e structure should, he considered
The _Applicant. has, in Proffer 3, addressed the potential impacts associated with site
lighting byproffering`that all fighting shall be no highevthan 20'.
C) Transportation,
"The proffer statement supports,'the. Route, 277' Improvement Project as the Applicant
has identified the. correct a "rea of right -of- way dedication consistent with the VDOT
ro'ect: along Ay.tor, Road and described this, in proffer 2, tight-of way dedication.
In general, th'etr`igger for conveying said right =of way is acceptable: The proffer,states
thatthe- right -,of -way shall be conveyed within 90 days of a, writtenrequest ffom VDOT
or the County. The final sentence of proffer 2 should be `carefully evaluated as it
contains a mechanism that re.moves the conveyance of the right -of way. `This would`be
problematic as theJanguage- is vague and the right= of= wayismecessary. In;addition, this,
would; `result in a rezoning application th at in no w ay addresses the :additional
transportation : impacts generated from the' more, intensive commercial use of they
,property -.
Rezoning; #0'5 -14 CB. Dentures, LLC
;December 172014;,updated February 6, 201'5
Page, T
Recent rezoning; applications in the vicinity- of this project have also proffered a
monetary contribution to transportationq mprovementOn -the County in an amount-they
believed was consistent with'the}transportation impacts of their project:
D) Comrriumty Facilities
This application does not include:a proffer aimed at:mitigatirig.the community facility
impacts of this, request.. The Applicant has :stated, that additional, tax revenue
generated would address this. Recent rezoning applications in the vicinity of this
projecthave,.also proffereduamonetary contribution' to offset the fire and rescue ;impacts
of their project:
The Applicant has, modified their proffer! statement (Revision Date; February S, 2015) to
prohibit two uses; Vetenriary Offices and Gasoline Service Stations.
In addition, a proffer•addressing. the allowed'building heighihas been added. The.maximum
building height for office ,buildings and hotelslinotels shall be fifty (50) _feet. This is a
reduction: of (1:0) feet. from that which is currently per "nutted by, the Zoning Ordinance.
The,CountyAttorneyhas reviewed the Pevised'proffer statementand it -is in ,'the proper legal
form. _
STAFF CONCLUSIONS FOR- THE 01/07/15 `PLANNING: COMMISSION MEETING`:
This is an application to rezone a. total of '2.42 acres.of land from the B-1 (Neighborhood Business)
Disiri6t'.to4he B2 (General Business) Distri'awith proffers, 'to accommodate commercial uses.
The B2. (General Business) District land use proposed in this, rezoning -is .generally consistent'w.ith the
commercial. designation of the Southern Frederick Area Plan „and, the 2030 Comprehensive Plan..
However;, the existmgneighborhood character of thoAjacent land uses should be.a consideration when
'evaluating this proposed rezoning_.;
The transportation impacts :associated withahis:request appear'to,have generally been addressed by the
Applicant; ,`subj;ect to the, unequivocal approval of the County Attorney regarding, right =of- -way
dedication proffer, Proffer 2.'The `community facility impacts, .assoc ated with this request should be
addressed to a greater extent:
The adjacentproperties_should be a consideration with this`rezoniiig�applicdd- -- With�this rezoning,
'the applicant has proffered height'restrictibris on site ;lighting to mitigate potentials: impacts to the
adjacent residential properties. No additional site development standards have been proffered. The
Planning Commission should determine .if. the neighborhood character of the area will be adversely
'impacted.
Rezoning #05 -14 CB Dentures, LLC
December' 1`7, 2414,,u dked-F6bruaty 6, 2015
P,age�8
0
address -, all eo zeerns raised by1hePlanninw6mmission.
PLANNING COMMISSION SUMMARY PROM. THE ' 1/07/15 PLANNING COMMISSION
MEETING:
Two members of the public spoke during the public hearing; Mr.. Chapman, and' Mr: Carriker. Both
expressed conce "rns regarding the application and the, impact it 'would have. on their-. residential.
properties. _
Commission members asked �several.questions regarding the details of.'this' appli'cati'on and: expressed
.: p� p pp pp p request from a
concerns ;about the otential, im acts of the application. and the a ro nateness of the re ue
land use perspective.
.Commissioner Mohn. noted the concerry i's 'there `in regards to lack of 'specificity on the intensity that
could occur with this rezoning.. Ile would like to see more; in the application on building size and
development. Mr. Moh-n staied.he would like to see something that projects a.clearer view of what may
be developed on this property..
Commissioner Thomas .made a,motion:to table'this rezoning application for 45, days. This motion was
seconded 'by Commission Unger and;unanimously passed.
,(Note. Commissioner Oates abstained from voting; Commissioner Marston was absent, from the
meeting.)
.1 Col
4 ,z COUNTY of•,:FREDERICK '
"Departmentof Planning and Develogment�
1739 FAX:.540 /.665- 6395•'
-•
TO:. Ben'klontgomery
` Montgom`e "ry' Engineering,Groiip,, 'Ine
FROM:. Michael T. ,Ruddy,,.AI.CP`
Deputy Director _
. p Y _ �, ,
ltE:, Rezoning .Corfinients: CB Ventures; 'LLC'Commerci'al: - Aylor' Road.,
DATE';; August ?2; 2014
• The' fdllow ng. comfnehts are offered °regarding the.., CB .Ventures;: LLC. Commercial
,Rezoning "Application. This, is a, request 49 rezone 2,A2 'acres_ from B1 (Neighborhood
'
Business) o 92 (Business General) with Proffers. T he rev .ew -is generally based,- pon
'the- Prc ffer'Staterrient dated M_ay 21„ -201.4, And Ahe Impact. Analysis Statement, dated June:
'Prior.- to, foci dt.,submission to :the. C(iuniy„ ;please; ensure. that these- 0yaMents and' afl.
- g y _ 1 . Y ibing
review a enc comments are. adec uatel addressed. At a minimum •a ,letter describing.
how each; of the :agenci'es and. their comments have been addressed should be incl'ude'd as al
part,of the su6iriission,`
General
1:. The submission .fee ;for this. application Voul i total $1 U.,-242.00; based upon
acreage o_f 2:42 acres.. .
Land Use
1) fhe;2030:Comprehensive P.an Lori g.Range.Lana.LJ�e._Plan provides: &Jul', WIc.e 0-11
the futureevelopinent: of the property., �I'he.properr� is located wi "hiii the U 'A
r and SWSA. The -2036 Compreheri'si e 111`' identities the gencr121 area
- "surrounding this property with: a ,comnierc al land`. asO'designation.,.ln geiieral_ �tl e.
-
pro
iised commercial 1'and .use, designation -for this property is .cons s cn •with.a_his
p p..
land .use designation of. the Goniprehensive Plan.. = H�,wever, -the "existing land use
in this, area is neighborh od'commereial _in' ; haracter, Immediately to the east ot,
this property is an existing residential• neighborhood The existing eharacterof'the
lan&use, is a cornsideration wfien_Ovaluating this p� op
used rezoning,
.107 North Kent_ Street, Suite.202 'Winchester, Virginia122601 -5000
CB: Uei tiire 's; LLC. Commercial Rezoning Comments
Au
gust 22, .2014
Page-'2
The intent of this -distric"t' (B1 Neigfborl ood`.Busifiess,-' District) is fo
provide small. business. areas, to :serve the daily` household needs, of
surrounding residential neighborhoods. Uses allowed primarily consist of
limited retaiing.'and,personal service 'uses. Bus"i ' Hess °uses.in,this district,
should' be small ,in size, and sh'ould.,notroduce substantial vehicle ,traffi_c
LL an., excess of what t is usual `in- the residential neighborhoods.
2). The subject properties . .have frontage on, and access to }Route. 647; -Aylor Road.
Aylor Roa&i,- identified as a .m4jor collector road 'in the County's Eastern Road
'Plan.' The .rezoh'i :g_application should:fullyaddress this road project as - designed.
b VDOT-in..the.most recent, mprovement plans-for this project; In particular, the
y:
right =of -way needs of he ` project Any improvements associated with ' the,
development of }the. sitel °within`theAtureroad' right =of wayshould-be consistent -
with those - identi:f ed in the plans °and, to the satisfaction;of VDOT. :
r Impact Analysis and' Proffer'-State'nient
Please address the follgwm items_ -from the Impact Analysis aril Proffer Statements
prepared_ tor° this Appl`ication.= 'The` following ,comm_ents have been �prov ded in.
conjunction. with John. Bishop,. Counf }. Transp6rtati0n,Planner.
1 -"The application does, not address the potential jimpacts 'associated with the change
from __BBL (Neighborhood- . Commercial) ::District to B2 (General Commercial)
=:District, on the adjacent residential land uses.
2)` The Impact.Analysis states -that this site will negativelyarnpact Police Protection;.
Fire :and. RescueF,Protect Vin; w'ater'and,Sewer Usage,'and Shcid Waste Disposal
The-cap tal needs associated .with 'these' impacts .,haN, -e'riotbeen quantified aiid`have
not teen' addressed by way.f mitigation other` than to: say flint there may 'be. a
otOntial increase; in.Aax revenue and; "fees .frorri.,tl is development;" Please quantify
_and,address''the impacts.:
T
3) The Traffic4 :portion ofiholi pact Analysis states.- that;.the :potential developrnent -
4 _ ,g uar foots es- established for each Lo) in district `in the-.Zoning, Code are
_ ,9 w g g
rossl. overstated B 1- 1:3,068 'B2 21 361, . Pf, ase clarify if the numbers used, to
_.
make;your`�conclusions, are those -eAal lished:by the`'C-.'ounty :or your'owri estirnateo
4) :T'ransportation improvements to Aylor Road, and Route 27. Fairfax .Pike, are
planned on the VDOT S
ix "ear Impmveme:it Plari. Therefore, at this time rt :is-
not anticipated that th s_.project consiruct improvernen s to Aylor- Road; rather;.
dedcates:.appropriate. right of_ -way; designs access to „:this site that' is consistent
With; those improvements anticipated' with the VD'OT ;Six =Year 'Plan Pr`oj'ect, and
-- provides some _contribution to transportation improvem ents, resulting from. -the = .
- ;impacts:of`this new development, further; that the'yalue, of-any contribution
:has a.
nexus -to the development project audits impacts. -
COUNTY of FREDERICK
Department ,of Planning: and Devel'.opment
540/665 -651
17 1779 - FAX: 540/665 -6395
10,1010M I CAP. 011111104,
TO Ben Montgomery
Montgomery Engineering Group; Inc.
FROM: Michael T. Ruddy, AICP
Deputy Director ✓/J
RE: Rezoning. Comments .C.B Ventures, LLC Commercial - Aylor'Road.
DATE: August'22, 2014
The following comments, are, offered regarding the C$ Ventures; LLC Commercial
Rezoning Application:. This'is -a request to rezone 2.42 acres from B 1 (Neighborhood
Business) 'to B2 (Busrnessx General) with Proffers:: The review :is generally based upon
the Proffer" Staterrient dated May -21, 2014, and the Impact Analysis Statement dated June
20, 2014.
Prior to formal submission to the 'County, please ensure that these comments and all
review agency comments are :adequately addressed: At a minimum, a letter describing
how .each of the agencies`. and their .comments have been :addressed should be included as
part of the submiss""ion:
General
E The submission fee, for - this-' application would total. $10,242.00; based upon
acreage of .2:42 acre's.'
Land U'se: .
1) The 2030 Comprehensive Plan ;Long Range .Land Use Plan provides guidance on
the future development of the property. The property, 'is located within the: UDA
.1
and SWSA. The 203.0 Comprehensive Plan identifies ".the general'' area
Surrounding thi's property with a commercial .land. use. designation. In .. general, ;the
proposed.commercral land use designation forth' property is consistent with this
land -use designation of the Comprehensive Plan. However, -the existing land use
in this areais neighborhood commercial in character. Iinmediately to the east of
this property, is an existing residential neighborhood. The existing character. of the
land use is a ;consideration when evaluating this proposed rezoning.
.107 North Kent 'Street, Suite 202 Winchester; Virginia 22601 -5000
The intent of . tlias °di'striet (B1" Neighborhood Bus District) is to
provide small .busyness areas• to, serve the daily .,household needs of
surrounding residential neygliborh`o'ods Uses allowed`primorily consist of
limited retailing and personal, service uses Business uses in this_ distract
should be_small an,size and should'not,roduce °'substantial ve" "hide traffic
in excess of what°,is,us.udl in� the residential neighborhoods:
2) The +subject properties have .frontage on :and "access ,'to 'Route`. 647; Aylor Road.
Aylor Road is identified as a ma or °:collector road m ,tl e, County's Eastern Road
Plan. The °rezoning ;application should fgIl`y address this road project as designed
by VDOT' in the,;most recent improvement; plans =for this; project. In, particular,, the
right -of -way needs .of' the project. Any 'improvements ,associated with the
_ development of'the s te, `wit ' i the future road right of =way should be consistent
s with those.'dentif'ed m'the plans and to the'satisfaetion of yDOT.
Impact Analysis ,and Proffer Siatemeriti
Please: add -ess;,Ahe following 'items; from, the Impact .Analysis and' Proffer Statements
prepared .fur this Appl'ication�. The following; comments "have 'been provided in
conjunct ion -with Icahn Bisligp, County Transportation Planner.
11 The :apphcatio ft. hoe ootd Con mercialteDistnimpacts B�soGened'with the change
from B1. (Neigm bo h _ ) ( eral Commercial)
District on theodiacent residential land uses.
,2) The Impact "Analysis states that this site will neganvely'impact "Police Protection,
Fire and Rescue Protection, Water and Sewer'Usage, and Solid Waste Disposal.
T,he capital needs, associated with these impacts have not .been quantified and have
not been :addressed by way of miti'gatioh . other than `to say'that there may` be a
potential ;increase in tax _revenue and fees from this development. Please quantify
and address the impacts;..
3) The Traffic portion of the Impact Analysis states that the potential • development.
Square footages "established for each zoning district in the` Zoning Code are;
4grossly 068, 92 21364;). Please clarify if the numbers used to
:make your conclusions are those established by the: County, or your own estimate:;
4) 'Transportation irnprov_emehtsz to Avl'or Road and, Route 277; Fairfax Pike, are
planned on the VDOT six Year, Improvement; Plan herefore, at this time it is
not anticipated that his project constructs'improvemen or Road,_ rather;
__dedicates: appropriate right =of- -'way, designs access to; this site that is consistent
"wrth ,those improvements anticipated: with the VDOT S; x Year Plan ;Project, and
prourdes some contnbution 'to. `transportation improvements ;resulting from, the
irnpaets of this new development; further; that the value of any, contribution has a
nexus io&Ahe development project and itse impacts.
CB Ventures, LLC LorimerciallZezoning; ommonts
_
Page _.
5) Proffer 1 i "s redundant, a`s B2 land uses are •obviously those that the. property" w'i'll
be developed with under a B2- rezoning Should :y.,ou desire't'9 - prohibit certain. B2,
uses this would the'appropri'ate location,'to do, so:
be:
6) Proffer 2; 'is vague and provid "es no ;'concrete commitment to address the
transportation impacts and Jutiife road. construction ;and right -of -way needs.'
Transportation 'improvements' proffered should support, the Aylor Road /277
project and;should °mclude aprropriate triggers for.conipletionand %or dedication.
7) The'GDP"shows the scope .
of development,
A' nd. may; in thei uture;, be in conflict with ordinance
requirements'., To prov:ide the ' aphlcant with ;as - much? flexibility in the future
deueIopment of 'the" site; it is !suggzsted that some ;of'the site, design details are
removed; such as b- uilding footprints and `buffer. details,, from the GDP. Features
important "to the, k rezoning, ana those .that: exceed current ordinance requirements
should be depicted, on the `GDP: Sucl,features should also retlect consistency with
items,•descr bed iri the proffer Kstatemerit
n conelusicin, please ensure that the above comments, and these` offered by the r viewing
'agencies are addressed, :F =
M`1 R INN,
X,
OUNT Y, of F REDERICK
_ Planning and D &elopnient
1
`D
epartment o
540/665 SF65.1.
„38 FAX': 540/'665-
-',.r •'1y is `. f.
:
TO Ben_1Vlont �
gomerye
Montgomery Engineering Group, Irie
EROIVI: Michael T, Ruddy, AICP £, .
Deputy Director Z.., .
RE": Rezoning Comments: CB Ventures;, LLC Commercial, - .Aylor Road.
DATE: August 22;;2014
The following comments_ are offered' regarding tithe CB Ventures,. LLC Commercial
Rezoning Application ,This is) a request to,'rezone 2.42 ;acres- .`from' B,1 (Netghbo_rhood
Busm
ess) to: B2 (Business General) with Proffers `The review is generally based upon
the Proffer' Statement dated May, 21, 2014; and the:Impacti °Analysis Statement dated June;
20, 2014;. ;
- • Prior to formal submission `to 'the County, please: ensure that. these; comriieri`ts and all,
review agency comments' are adequately addressed'. At `a rnmimum, a letter describing
how.,Okj of ,the agencies and their co merts' have been addressed should be included, as
part of fhe-'submission:
General
1.. 'The submis
lion fee for this application would total ;$10,242 00 based upon
acreage�of,2:42 acres:;
`Land Use
1) The 2Q30 Comprehensive• Pf ;Long Range Land Use `PTan' provides guidance n
the future ,deueloprrient of the: property The property, is:` located within the tiDA
= and SWSA . The 2Q30 Comprehensive: Plan identifies ";the general ^` area
f surrounding this property with. a commercial',land use designation In general, the
T
proposed commercial land use designation for this property is consistent, with this
land use designation of the Comprehensive °Plan. However, "the existing land use;
_.
m this area is neighborhood commercial m character ,Immediately fo . the, east of
this propertys ari existing residential.eigfiborhood Tlie,'existirig character of the'
land use is a consideration when evaluatin g this, roppsed rezoning,,
107 North, Kent Street; Suite ;202 �Winchester,'`V,0`0 is 22601 -5000°
S
CB "Ventur`.es, LLC "Commercial Rezoning Comments,
August 22, 20114
Page 2.. ,
The intent of this district (B.1 .Neighborhood ` Business District) is to
provide- small business areas" to -serve: the ,daily .household needs of
surrounding reside, ntial neighborhoods. Uses allowed primarily consist of
limited retatlin''g and personal service.uses Business -uses in this district
should'be,•small in size;and'should not'produee substantial vehicle traffic
in 'excess` o • what is usual in the residential neighborhoods.
f
2) The subject' properties have .frontage on and 'access to. Route. -647, Aylor Road.
Aylor Road is identified as a majot: collector road..in the County's Eastern Road
Plan. The, rezoning application should fully address this road project as, designed
by VDOT id the most recent'.improvement plans fo'r this project. In particular, the
right =of =way needs of the .project. Any improvements associated with the
development of the site. within the 'future road right of -:way .should be. consistent
with 'those •identified in the plans -and to the satisfaction of VDOT.
Impact Analysis and Proffer.; Statement
Please address the following items' froin the ;Impact ;;Analysis and Proffer Statements
prepared for this Application. The following; comments have been provided in
conjunction with John Bishop,` County TransportationTlauier'..
ly The application does,not address the potential impacts associated with the change
from 131, '(Neig4W.th'ood Commercial) ;District to B2 (General Commercial)
District on, the adjacent;residential`fand uses:
2) The Impact Analyysls• states that this site Will negatiVely impact Police Protection,,
Eire and Rescue. Protection,_ Water and Sewer Usage; and Solid Waste' Disposal.
The capi`ta'l:-needs Associate' & with -these impacts.have'not;aeen quantified and have
not been. addressed by..way of mitigation, other, than -,to say that there .may be a
potential increase in -tax ..revenue and fees from this development. Please "quantify
:.
and address the impacts:
3). the. , Traffic 'portion- of,the Impact Analysis states that- the potential development
square T9 Ages establi "shed' for• each zoning � district in the Zoning Code are
grossly overstated (B 1 1,3,068:; 82= 21,361). Please clarify if the nuinbers= used to
make`your conclusions are those estabhsted' by the County, or your, own estimate;
4) Transportation improvements to Aylor Road and Route. 277; Fairfax Pike, area
<
Vann the VDOT Six Year Improvement Plan. Therefore, at this time it' i`s
not anticipated that this project constructs i=mprovements, to Ay
lor Road; rather,
dedcates' appropriate right of -'way, -designs access to:this site that is consistent
with those :improvements antic ipated, with' the, VDQT Six Year Plan Project; and
provides 'some contribution to transportation unprgvements. resulfing .from the
impacts ,of this new'development; .further; thaf •the value of:ary contribution has a
nexus to •the development pr oje an d its impacts:
CB Ventures- LLC,Commercial. Rezoning Comments
August 22; 2014
Page 3
5) Proffer 1 is, redundant .as B2 land uses are obviously ;those that property will
be developed with under •a 132.rezoning: Should' you desire to prohibit certain B2.
uses this .would be the appropriate' location to do so.:
6:) Proffer 2 'is vague 'arid. provides no concrete. commitment to address the
transportation impacts: and future, road construction and right -of -way needs.
Transportation, iriiprove,ments proffered � �should' support . the Aylor Road /277
project and should include appropriate triggers for completion and /or dedication.
7) The GDP shows, improvements to the srte� that'inay be construed 'to be..the scope
of development and` may,, in the future, be in .conflict with ordinance
requirements. To - provide the, applicant with mas much .flexibility in the future
development ofthe, site, it is suggested that some of :the site design details are
removed, such as,`building footprints and buffer details, from the GDP. Features.
important to the ezoniri and those that exceed current ordinance requirements .
p g�
should be depicted on',the GDP. Such features should also reflect consistency with
items described in the proffer statement.
In conclusion, please ensure that the above comments, and those offered by the reviewing
agencies are addressed:
MTR/dlw
1
E
PROPOSED PROFFER STA , STATEMENT
REZONING:, RZ#
B11 to B2
,Pi , :ZOPERTYY 2:42 ,acres-
Ta,x Map, P8rd,ol, 74-((A)): - t04- & 10(5'
RECORD OWNER: CB Ventures, LLC.
APPLICANT: Mortgone E ngineer ing Group, Inc'
PROJECT NAME-; CB Ventures, LLC — Aylor Road
ORIGINAL DATE
OF' PROFFERS: May 21, 2014
REVISION DATE(S):
The undersigned'hereby,prof( s that the use and development opment of the subject
property (° Property"),, a$.- described, above; ,shall 'be in','stricticonformance With the
following.conditions,, which--shall supersede all otherproffers oathe Property that
may :have ,been-Imaide prior hereto. In the -event that, the"abbye-teferended B2:
rezoning is not. granted, 0 0 applied for the; applicant,(lApplicant"'), these
proffers shall be deemed wiffi drawn, and'sha . 11 be moll and' void. Further, these
proffers are contingent upon final i oning,:of,the� Property with in I rezoning"
rez -al oning-
defined as: that rezonihg which is in effect on; the day following the last day upon
which, the Frederick Cip'U'rity'.Board ,of Supervisors' (the Board") decision granting
the rezoning may be contested in the appropriate .court.. ]f the Board's, decision is
p
contested; and the Applicant elects not to - subrn it,develop-m.ept plans Until, such
. contest is resolved,, the, term "rezoning shall include "the da Y following rentryofa
final court order taffirmiaq, the decision of the Board which has not been appealed,
orppf`a , Baled, the da, following s has been affirmed on
which the deQi :,ion-
ThO headings of' the proffers; et fbrl:4 below!,have been prepared for convenience
or reference o t the meaning or be. taken as an
nly, and shall not control or.affec
ititerpreitation'lof anyl provision :ofthe, pr6l TH6 improvements proffered
he-rein, shall bdProVidejq(, at .the . time of devOlipprfient of'that portion of the Property
810j, 0' to or including 'the improvement or other. proffered requirement,. unless
otherwisospecifi,ed herein. Any proffered .conditions that would prevent the
Applicant,from's,confor-th-ihg,'td,,Sia.te and /or Federal regul-E-ifibris shall be,
considprOO,,h-Lill and void; The, term "Applicant" as referenced herein shall include
within its �.nea-n'i�'ng, all, 'f6iure,,owners and successors. in interest. When used in'
;these proffers, `the "Generalized Development ,Plan shall refer -to the plan
entitled "CB'Ventures„ LLC — °Aylor Road" dated February 23', 2014'revised' May
13, 2014 'c1116. `" GDP ") and is included'in this proffer.
1. Land-Use
a) The Property shall be developed with B2 land uses. :
2. Site Development
a) Property access shall be -via eritrances shown on GDP from Aylor°
Road. The Right of 1Nay °for future Aylor Road;Realignments11aven
ion. GDP;shalf be conveyect for development of said road. This,
property shall not be conveyed should development not occur.
I Lighting
htin
a) All lighting shall be building mounted'wall packs or on poles. "no
higher than 20 ". Lighting shall' be dovincast'or shielded .down to;
prevent intrusion of light; on the adjoining property:
5 ..
COMMONWEALTH OF VIRGINIA; AT LARGE
FREDERICK COUNTY, To-wit-
The foregoing instrument was ackn_owledged,before me this day
Of 2014, lJy.
NOTARY PUBLIC
M Y :commissron.expires 3'Iv S`
'Commission number: 13 �i3
a4 . DAWN PUGH FRYE'
NOTARY PUBLIC 138923
COMMONWEALTH OF VIRGINIA
MY.GOMMISSION EXPIRES AUGUST 31, 2015
r=
Rezoning Comments
Frederick County Deputy Director of Planning - Transportation
Mail to: Hand deliver to:
:Frederick County Planning Frederick County Planning
John Bishop, Deputy Director John Bishop, Deputy Director
Planning = Transportation Planning — Transportation_
107 North Kent Street North Building, 2nd Floor
Winchester, Virginia;22601, 107 North Kent Street
(540) 665 -5651 Winchester, Virginia
Applicants Name: Montgomery Engineering Group, Inc. Telephone: 540 - 974 -7382
Mailing Address 132 saddleback1ane
Winch6stet, VA 22602
ben @MEGinc.biz
Location of property: 1033 Ayior Rd.
Stephens City, VA 22655
OM474 - ((A)) - 104 & 105)
Current zoning: B1 Zoning requested: B2 Acreage: 2.42
Frederick County Deputy Director of Planning Transportation Comments:
Frederick County Deputy Director of Planning — Transportation
.Signature & Date:
Notice to Frederick County Deputy Director of Planning — Transportation - Please.Return Form: to :Applicant
35'
Rezoning .Comments
Frederick County Department of Planning & Development
Mail to: Hand deliver to:
Fred. COA)ept. of Planning ,& Development 'Fred. Co. Dept. of Planning & Development
107 North Kent Street North Building, 2na'Floor
Winchester, Virginia 22601 107 North Kent Street
(540) 665 -5651 Winchester, Virginia
Applicant Please -fill out,the sinformahon�,as accurately as possible to ;corder, o om assigt}the Department of
�',�c'a.�€` €x+�.,r x.c.•:+�.�'•'''t ?:,1Rt^�e Sar._ >.,'t�tx ' ah:@ ':;a.��;- .;r:��.,'�++�U"'Y''�'` �,,,_ '•s`�,'a,�`- :'.n- ,7<,4,."'''.. .w:.�'.k.�..al;k- r*...,f�`,v:}
?a P�la>gwtthther reewaAttach copyofyourappl ><cattonformlocahon map,profferestatement,
�, ><mpact�analys><s, and�any otih�ep�r perttnenygtl��><rifgo�rym�ah�o�n p. '� � x �� `y��� � ?
.:...i`�.A�' -,•�'Y °.'. �_`+F�A$�� _ "+ ryaT .eo <�__'.tr��i��'Mfl`'S1u�' -'&. �""�yr.�t+.r?d.:S"� ^'Mr�^..hA ?. _ _... .« �...... ..f�, ... .,.� akPS�" _ .^°.R .�
Applicants Name: Montgomery Engineering Group, Inc. Telephone 540 -974 -7382
Mailing Address: 132 Saddlebacklane
Winchester, VA 22602
ben @MEGinc.biz
Location of property: 1033 A&r Rd'.
Stephens City, VA 22655
(TM #74 - ((A)) - 104 a 105)
Current zoning: B1 Zoning requested` B2 Acreage: 2.42
Frederick County Department °of °Planning & Development Comments:
Signature & Date:
Notice to Planning Department - Please Return Form to Applicant
34
Easy Barbecued Ribs
! WOW!- Thanks, I cannot wait to make this recipe. I've always ;slow cooked in the oven for
hours,,then in a smoker then on the grill,::can't leave the house with the oven on Crock .
G1. nbs ... GENIUS! I'll make them this weekend, and go shopping while they slow cook J
any'
.� REP,LY !
Q ;, [Anonymous says:
6
t�January 19,2012at9:38pm
I thought the broiler time was a little too tong. Mine came oWquite;crisp and.1 didn't leave
the meat side in longer than 4 minutes.
REPLY -
0 1 Anronrymouisays:
January 22, 2012 at 4:56 pm
Thesewere.delicious! My husband was so suprised,that I, could'rnake, ribs that tasted
s0000 good_My two.year old that doesn't eat anything ate three! Thanks for sharing'this
recipe!
REPLY
QAnonymous says:
January 24, 2012, at t1, 15 am
This was delicious!!!! I doctoied'the recipe a°little!bif'because my family'likes'SUPEK
scpicy everything ..... but these were S00000 good and the last step is REALLY a must!
Thank you so,much for this wonderfu-(recipe! ],will now have to!try all;your recipes!!!!
REPLY . t
Anonymous says:
January25, 2012aY5:56 am
I'm going to try using beef ribs. IT let you'know how it comes out.
REPLY �
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HeatherNsays: �...._.._ ... .............. �._ �...__... �.... �...-...,..._...... _�.._......__...._._....,.V...� I
I
i 1 . January 25, 2012 at 3:56, pm
Please do! I haven't,tried them yet this way and'folks have asked �� !
REPLY
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� } �'�,7 Mara says: j
°,
a� January 25; 2012, at 6.53 pm
l I
('burp' Ofi, pardon nlef But, they were DEELISH! I
REPLY
i
1 I j Heather N says:
I }f
I January, 25 ,2012 at'7i36 pm i
i,.... -„
j Awesome! (You're,excused Q )
REPLY ? i
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Caitie Chay says: -
i
s
January 27, 2.012 at 12;23 am €
t
Made.these'today..My hubby kept trying to sneak "a bite wheri1 wasn't looking. I decided
to finish,them on the grill. I am always looking for an opportunity to take the grill cover off.
However, I•basted the bottom'part and'cooked them, then turned them over to baste the
htt _Hmmmi'sformommy.com/2011/09/easy-b-arbecued-ribs.html . 5/21/2014
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lei
REZONING APPLICA'A
APPLICATION FORM
FREDERICK COUNTY, OVNTY, VIRGINIA
The following information shaffbeprovided by the applicant:
All - parcel identification numbers; book and page numbers maybe be obtained from the Office of the
:Commissioner of,`Reveniie; Real, t9tAte :Diyisipn,.i 07 North Kent, Street, Winchester.
L Applicant:
"En 540-974-7382
Name: Montgom&�, ftedting Group, Ina. Tolebhone:
Address-. 1'32 saddleback; Lane
wincheaer,,W22602
2. Prdp6rty Owner'(f different, than Above):,
Name-- CB'Ven.tUr6s, .L , LC Telephone: 540-313-5132
Address'-. 1-30 Hawthome'D r
Winchester, VA 22601
,.,Contact., person if otherthan above
Name, Ben G. Montgomery 540-974-7382
Telephone�.
P-Too" Information."
a'. Property Identificaton`Ntumber(s) -14-((A))-104 !& 74-((A))71'05
b. Total lacrea2e4o,berezoned: 2.42' Acres
,cl Total, acreage ,of 'the, parcel(s) to, be rezoned (if the entirety.of th parcels)
e 4 'not,bei
s. -ing
rezoned), 2.42,,Acres�
Current, zPM09"designAtion(§) and-Acreage(s) in each, designAtiow.
Pr, B2
0PO§ed -zoning designation(s) and acreage(s) in each desiLynation-.-
Magisteri-a�,,libistr.ict( §),- Op'equoh Magisterial District
0'
5. Checklist: Check the following items,that have been included_ with this application.
Location map Agency Comments (_]'
.Plat _ ✓ _ Fees ✓ f
Deed to property _ ✓ _ Impact Analysis Statement
Verification of taxes paid ✓ Proffer Statement ✓ _
Plat depicting, exact meets and bounds for-the proposed .zoning °.district
Digital copies (pdf's) of all submitted documents, maps and. exhibits _ ✓ _
6. The Code of Virginia allows us to request full disclosure of ownership in relation to
rezoning applications.
Please list below all owners or parties'in interest of-the'land -to be rezoned:
Edward Browning
Randolph.Craun
7. Adjoining Property:
PARCEL ID NUMBER
See complete List below
USE ZONING
8. Location: The property is located at (give exact location based on nearest road and distance from
nearest. intersection, usinaxoad names and route numbers):
Property is located on Ayloi Road, Route 647 approximately 0.25 miles north of Fairfax Pike.
13
• . 0
9. The following information should be provided according to :the type of rezoning
proposed:
Number. -of Units Proposed
Single .Family homes: Townhome: Multi- Family:
Non - Residential Lots: Mobile Home: Hotel Rooms:
Square Footage of Proposed Uses
Office: Service Station:
Retail: Manufacturing:
Restaurant: Warehouse:
Commercial: Other:
10. Signature:
I (we), the, undersigned, do.herebyrespectfully make application and petition the Frederick
County Board of Supervisors to amend the, zoningordinance and to change the zoning map
of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the
property for site nspection.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.
Applicanf(s): Date:
Date:
Owner(s): Date: 5 �/
/c ,o�Qd -(�� ��•?" Date:
14
0 0
�`ADJOININGPROPER� OWNERS
Owners:of property adjoining the landwill be.notified'.of the Planning:Commission and the Board of
Supervisors meetings. For the purpose of this application, adjo'"ining 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
applieant:i's 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 Garrett Ent. Ltd
1841 W. Plaza -Dr,.
Winchester, VA 22,601
Property # 85-4- 1
Name'Winchester Medical Center
1840 Amherst St.
Winchester, VA "22601
Property # 85 -4-2
Name Winchester Medical Center
1840 Amherst St.
Winchester, VA 22601.
Property #'85 -4 -3
NameRonald A & Sandra WMitchell
112 Downing Cir
:Stephens` City,'VA 22655
Property #7413- 7- 2 -3`1;
Name Ulysses & Dorthy C Carriker
11`0 Downing Cir
Stephens: City, VA 22655
Property #74B- 7 -2 -30,
Name Roger A & Cynthia J Layman
1215 Marlboro Rd..
Stephens City:, VA 22655
Property # 7413- 7 -2 -29
rrame:Kevin R &Stacey E- Chapman
106 Downing .Cir
Stephens City, VA 2265.5
Property #74B- 7 -2 -28
Name; Karen M Pawlak
104 Downing Cir
Stephens City, VA 22655
Property # 748- 7 -2 -27
Name,Marshall Conner
100 Downing Cir
Stephens City, VA 22655
Property 4.746- 7=2 -26
15
•
•
Name and Property Identification Number
Address
Namewiili6m L Sti@ bel
11' 10 ,Breckinridge Lane
Winchester, VA: 2260.1
Property. #'74B °- 5- :1. -D'
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 -# -
16
c, co Special- Limited Power of Attorney
G
c County of. - rederick, Verg n a
Frederick,Planning Website ' www.co.frederiek.va.us
Department',of Planning &, Development, County of Frederick, Virginia
107 North Kent Street, Winchester,'Virginia 22601
Phone (540)665 =5651 Facsimile (540)'665`6395
,Know All Men By' These Presents: That, I (We)
(Name)','Ce Ventures,.-,LC, (Phone.) 540- 313: 5132
(Address) 130,Hawthome'Dr., Winchester, VA 226011
,the ownei(s), of all those: tracts 0& ,parcels of lan&( "Property") conveyed to me �(us),
Clerk's Office.of the C-ii7ciait Court of the, County of Frederick, Virginia, by
i
,Instrument-No.: 4754&47.57 on`.Page _ , and is described as
Parcel:; 75A Lot: io ios ,Block: , SectionF;. Subdivision:
do, hereby make, constitute and appoint:
(Name); Ben,C. Montgomery, (Phone) Sao -s7a -4382
deed recorded in the
'(Address) 132;,Saddleback Lane, `Win chester'VA 226621
To act as My true and.'lawfitl- attorney , in -fact fo_r, and in my (our) :name, place and stead with full power and '
authority I (we) "would have if acting personally to 'file planning applications for my '(our) above described
Property, .including:
Rezoning (including proffers)
Conditional Use }Permit
Masier,DevelopmmnUPlan (P.reliminary.and .Final)
Subdivision,
SiW,Plan
Varance.or Appeal
IMy attorney in =fact "shall, have the authority to offer.proffered° conditions and tos make amendments to, previously
approved proffered conchtions �exce 1 f as .follows :
This aut}ionzation shall ire'one,year from the darit is signed; or until It; is' otherwise rescinded orfnodified,
'In'witness thereof, I e) ave her to et uz) hand and seal this day of _ 20
i
'State of Virginia, City %Coon of drip =�-6�. , To -wit:,
-t3'
I;> a Notary Public in and 'for the Jurisdiction aforesaid;
ac 'that the persons) who signed to the, foregoing instrument personally, appeared. before 'me and has
certify knowledged the wine before, me'in'the.' urisdiction aforesaid: this D- da of
J L Y .`
sion, xppTres;
31. 3C31 z -Of y Public 7Y 14 ' . DAWOUGH F ;
KinTAeV 9211921 ir;AiRO"
2015
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2013,REAL ESTATE
DepVri.cket# I RIE2013 / 397090002
Frequency I
SupplernenO 01
Name, CB VENTURES LLC
Mao 174 A 104
Account#
Name .2 1
Bill Date
Acreage
0.980
Address BOX 127081.740
Due DateFl-2J—O5/2p 13
Improvements;
$253,500.00
Desc ILOT E S CITY
Land 'Value !
$275,200.00
ISIOUX FALLS SD
1.98 ACRE
]Land Use 1
$0.00
Zip 57186
F
Minerals
$0.00
Penalty Paid $0.00.
Interest Pal L $ 0 -001
Last Transaction DateJ12/10/2013
Curnellit PaymentStatus,
cip - 'Penalty Interesti Balance Due
$1;54685 i Original,Bill Payments Prin leiBalance Due
($1,546. $0:00
Transaction Histon,
Date Type Transaiifion# Amount Balance
4/12/2013 Charge 0 $1,546.45 $1,54f
12/9/2013 PrineipAe•aicl 13977 ($1,546.45) $(
Previous
1'. - PTIT% n111% n I A
TransactionMistory
Date Type Transaction# Amount Balance
4/12/2013 Charge' 0 $1;683.04 $1,683
1'2/9/2013 Principle Paid 13977 ($1,683.04) $0
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2013 REAL ESTATE
Dept/Ticket #. RE201 3 / 82430002
Frequency F
SixpplemenUl 0
Name I CB VENTURES LL G
Map# 114 A 105 1
Account# 23452
Name 11
Bill Date 04/72/2013
Acreage,
14401
Address, BOX 127081740
Due Date 12/05/2013
Improvements'' ` "�
$0.001
Desc. LOT,E ,STEPHENS CITY , w
0 5400.0
_
SIOUX FALLS SD
1,44,ACRES - ,
Land Use i
So 00
_._ .. -
,Zip ! 57186
—
Minerals
-
$000
Penal Paid' $0.00 '
InteresvPaid $0.00 9 LastTransaction Date 1 ti10/2013
Current Payment Status
Original Bill Payments'
Principle, Balance Due Penalty Interest Balance Due
_($168304) ��__.. $000 $000
_?000:1.__
TransactionMistory
Date Type Transaction# Amount Balance
4/12/2013 Charge' 0 $1;683.04 $1,683
1'2/9/2013 Principle Paid 13977 ($1,683.04) $0
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;- _____ __. C.__j_.. C/Y n /nl% .YA
r�MONTGOMERY
Sag aeerir�g gaup, ,Inc.
Impact Analysis Statement
CB Ventures, LLC , Ayfor Road
Tai Maip #75-((A)) -,104 & 1,015
ID`o0ieeooe°y° -
g2
�i0 ®0000 ®���•
Owner: CB Verrtures, LL C.
130 Hawthorne Dr..
Winchester, VA 22601
Applicant: Montgomery Engr. Group, Inc.
132 Saddleback Lane
Winchester, VA 22602
(54,0),974-7-8'82 ben @MEGinc.biz
Property: Tax Map*,75 -((A)) -1:04 & 105
1033 Aylor Road, Stephens City, VA 22655
Zoning: Present B1
Proposed B2
A. Suitability of the Site
The site is located on. Aylor Road approximately 0.25 miles north of Fairfax Pike
in Frederick County, VA. -The present use of lot 104 is a. car wash and lot 105 is
vacant. The total acreage is2.42 acres. There are no known site hazards.
Access to the site,is currently from two entrances off.Aylor Road for each lot or a
total number of 4 entrances. The total current frontage is 392:57 feet.
The site and location make it suitable for a wide variety of uses. By rezoning to
B2, a much larger pool of uses is allowed therefore making the property more
marketable.
B. Surrounding Properties
The ,property to the north .is zoned .B 1 and presently being used as a Dentist
Office. The property to the south is zoned B1 and presently being used as
duplex office housing an Orthodontist and a Stock Broker. The property to the
east is zoned RP zand 1s being used as single family residential. Aylor Road and
1 -81. border the property on the west. The nearest residence is approximately 75'
from the property line. The site shall. be fully screened per category .B on the
east side. The: 25' inactive, portion of the buffer shall' be screened with
landscaping and & fence per code.'
C. Traffic — Traffic Impact Analysis
Rezoning proposal does not substantially affect transportation on the ,state-
controlled highway.
Background
The site is located on Aylor Road approximately 0:.25 miles north of Fairfax Pike
in Frederick- . County, VA. The present use of lot. 104 is a; car wash and lot 105 is
vacant. The total acreage is 2.42 acres.
Access to the. site is currently from two entrances off Aylor Road for each 'lot or a .
total number of 4 entrances. The total current frontage is 392.57 feet.
The proposed rezoning less the proffered road right of way for the realignment of
Aylor Road reduces the site area to 1.90 acres with two entrances proposed.
This analysis assumes Aylor Road will be realigned per VDOT diagrams. The
existing and proposed area is shown in the attached drawing. This drawing
depicts the realignment; of Aylor Road and the proffered right. of way. The bicycle
trail currently on Aylor Road; is .also shown and extended.
The site is located in a flat and reasonably ,straight area of Aylor Road. Site
distances are greater than,500 feet. The current speed limit is 40 mph. Roads
affected by this rezoning are:Aylor Road and Fairfax Pike.
Analysis of Existing Conditions
Aylor Road currently runs in front of the two lots and connects with Tasker Road
to the north. This intersection is 2 miles away. Aylor Roads connects with
Fairfax Pike 0.25 miles away'to the south. Aylor' Roadservesl several major
residential areas. In the area of the lots house two fast food restaurants, a gas
station and several the
office buildings.
Current traffic counts are approximately 5,700 AADT and approximate peak. hour
of 500 vehicles per hour. Fairfax Pike has an approximate AADT of 10,000 and
approximate peak hour of 900 vehicles per hour. R9 % of the vehicles on.Aylor
Road are 4 tired and 91 % on Fairfax Pike are 4 tired.
The existing car wash per ITE is approximately 75 vehicles per hour during daily
peak hour.
Proposed Trip Generations
Per Frederick County Zoning Code; usage density is to be calculated at set
square footages'per. acre. B1 uses 13,068 square feet / acre and B2 uses
21;361 square feet /,acre of retail space. .Using these factors and the ITE Trip;
Generation manual the foilowing has been calculated.:
Current Zoni °ng B'1
2.42 acres x 13,068 _sq ft/ac = 31.625 sq ft of retail space
The average weekday'rate is 44.32 vehicles per day per 1000 square foot or
1400 vpd.
The maximum peak hour rate is 6.84 vehicles per hour per 1000 square foot or
215 vph.
Proposed Zoning B2 .
1.90 acres x.21,361 sq ft/ac = 40,494 sq ft of retail space
Using the same rates as above —1,800. vpd and max hour of 275 vph.
Using the actual usable area of'the lots considering set backs, buffers and
parking requirements, these square footages are grossly overstated. Usable
area of B1 is closer to 1. t, 000 sq,`ft° or 450'vpd and ,peak hour of 70 vph. Usable
area of B2 would be 16,000 sp ft or 700 vpd and peak hour of 110 vph.
Based on these calculations, a reasonable estimate of the traffic increase from
131 to B2 would be 30 %.
Conclusion
Developing the property fully using B1 zoning and-density would be handled by
the current Aylor Road configuration. Rezoning to B2 and fully developing using
the reconfiguredAylor' Road would more than account for the 30% increase in
traffic potential created. This increase ''is mitigated by the; proffered right of way
for this new roadway.
D: Sewage Conveyance and Treatment
The site is currently served by FCSA with an 8" sewer main. The lot 104
presently has ,a self service land automatic. car, wash. It is °,unknown at this time if
the carwash shall remain. The sewer effluent difference for most land uses is
minimal between B1 and B2 Zonings with the, exception.of-a Hotel. ,Sewer main
runs at front of property and south. Present Car Wash connection is in the front.
Based on our preliminary studies "there is adequate sewer services in place.to
.handle ail potential land uses. Any impacts .due to increases in sewer effluent
will' be offset by the reciprocal increase in water / sewer fees generated.
E. Water, Supply
The site is currently served by FCSA with an 8" water main that runs across the
front of the property. The lot 104 presently has a self, service and automatic car
wash It is unknown at this time if -the: carwash shall, remain. The water use
difference for. most land uses is minimal between .91 and B2 Zonings with the
exception of a Hotel.
Based on our preliminary studies there is adequate water service in place to
handle all potential land uses and fire protection. Any impacts, due to increases
in water usage will be offset by the reciprocal increase in water / sewer fees
generated.
F. Drainage
The site presently drains to the south and North. Future development will require
both retention facilities and BMS utilization. No changes in drainage patterns
should be required.
G. Solid Waste Disposal Facilities
The prospect for additional solid waste is likely. Enclosed dumpster locations
shall be,required and planned as a part of the site planning process. Increases
in tax revenue will more than account for this burden.
H. Historic ,Sites: and Structures
The site has no historical significance.
I. Impact on Community Facilities
By developing this site, the counties tax base will increase with only minimal
service requirements'. The potential increase in tax revenue from this project ;is
between $15,000 and $20,000 per year. Additional revenues shall be produced
for water] sewer usage.
This site will negatively impact Police Protection, Fire and Rescue Protection,
Water &:Sewer usage, and Solid Waste Disposal. The site will be approved by
the. Fire Marshal and Building and Inspections department to lower fire. risk. On
site fire hydrant(s) shall be installed. Proper lighting shall be required for safety.
J. Other Impacts
None.
B -1 ALLOWED USES.
FOOD STORES
APPAREL AND ACESSORY STORES
DRUGSTORES
MISCELLANEOUS SHOPPING GOODS STORES
FINANCE, INSURANCE AND REAL ESTATE OFFICES
CAR WASHES
FUNERAL HOMES' AND CREMATORIES
MEDICAL OFFICES
CHILD DAY CARE FACILITES
CIVIC, SOCIAL AND FARATERNAL ORGINIZTIONS
PUBLIC BUILDINGS
BUSINESS SIGNS
PARKS
CHURCHES
RESTAURANTS
ART DEALERS, ART SUPPLIES, AND ART FRAMING
TOACCO STORES
ACCOUNTING, AUDITING AND BOOKEEPING SERVICES
HEALTH CLUBS NO LARGER THAN 10,000 SFG
B -2 PROFFERED USES:
COMMUNICATION FACILITIES AND OFFICES - INCLUDING TELEPHONE,
CAR WASHES
TELEGRAPH, RADIO, TELEVISION, AND OTHER COMMNICATIONS
PAINT, GLASS AND WALLPAPER STORE
HARDWARE STORE
RETAIL NURSERIES AND LAWN AND GARDEN SUPPLY
GENERAL MERCHANDISE STORE
APPAREL AND ACCESORY STORES
HOME' FURNITURE, FURNISHING AND EQUIPMENT STORES
RESTAURANTS +(NO DRIVE THRU RESTAURANTS)
FINANCE, INSURANCE AND kEAL ESTATE OFFICES
HOTEL &, MOTEL
HEALTH, SERVICES
LEGAL SERVICES
CHILD DAY CARE FACILITIES,
MEMBERSHIP ORGANIZATIONS
ENGINEERING, ACCOUNTING, RESEARCH, MANAGEMENT
GENERAL BUSINESS OFFICE
PUBLIC BUILDINGS
BUSINESS SIGNS
PARKS
CHURCHES
LIBRARIES
ELECTRICAL SUPPLIES
PL
HARDWARE HEATING EOUIPMENT
'AR
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Project Location
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REZONING APPLICATION #05 -14
CB VENTURES, LLC
Staff Report for the�Board. of Supervisors
Prepared: May 7, 2015.
Staff Contact: Michael. T. Ruddy, AICP, Deputy Director
Reviewed
Action
Planning Commission: .01/07/15
Public Hearing Held; Action Tabled for 45" days
Planning Commission: 02/18715
Denied
Board of Supervisors; 03/11/15
Public Hearing Held; Action Tabled for 60 days
05%13/15
Pending
PROPOSAL: To rezone' 2.42 acres from the B1 (Neighborhood Business) District to B2 (General
Business) District with proffers.
LOCATION: The property is located at 1033 Aylor Road in Stephens City.
BOARD OF SUPERVISORS' UPDATE, FOR THE 05/13/15 MEETING:
The Board of Supervisors at. their 03/11/15 meeting tabled this request for' 60 days to allow the
Applicant the opportunity to meet with the neighboring property owners and the opportunity to adjust
their.rezoning request further. A copy of the Board's minutes has been attached for your information.
On May 6, 2015 the Applicant provided Staff with an updated Proffer Statement (revision date
May 1, 2015). This Proffer.Statement had one modification;-Proffer'5. Allowed Building Height.
The Applicant has eliminated the maximum building height allowance for office buildings and
hotels /motelsof'50 feet. The proffer now states that the maximum building height allowed.for all
B2 uses shall be 35 feet.
PLANNING COMMISSION RECOMMENDATION AND EXECUTIVE S.UMMARYFOR THE
03/11/15 BOARD OF SUPERVISORS MEETING:
The PlanningCommission recommended denial of this rezomn-g,request, an application to rezone
a total of "2.42 acres of land from the B1 (Neighborhood Business) District to the B2 (General
Business) District with, proffers, to accommodate commercial:uses. Planning Commission members
stated their belief that the B2, (General Business) District uses were too intensive for this location and
would have a detrimental impact to the adjacent residential neighborhood, in particular the existing
residences immediately adjacent to the property. The Planning Commission expressed that the B2
District designation is more appropriate for larger commercial parcels such as in those areas planned for
larger scale commercial development adjacent to Route,277, Fairfax Pike.
Previously; the Planning Commission had tabled thi"s`request to give the Applicant the ability to address
the concerns that were expressed by the Planning Commission and members of the public during the
public,hearing. In response to thePlanning Commission's initial discussion of this rezoning request, the
Applicant modified their proffer statement (Revision Date; February 5, 2015) to prohibit two uses;
Rezoning ,,05 14%CB Ventures, LLC
May.7, 201'5
Page 2
VeteririaryOffces and Gasoline Services ations. In addition, a proffer address'ing,the allowedbuilding
height has: been added. The maximum building height, for office buildings and hotels /motels shall be
fifty (50) feet. This is a,reduction of ten (1,0) feet-.from that hich is currentlypermitted.bythe Frederick
County Zoning Ordinance. TheApplicantalso,provided an exhibit depictingthe potential cross section.
and -scale ofthe adjacent coin inerci'al and residential land uses...
The B2 (General Business;) District and use proposed in this rezoning is generally consistent with the
commercial designation of the. Southern Frederick Area Plan and: the 2030 Comprehensive Plan.
However, the existing neighborhood character, of the adjacent land uses should be :a consideration when
evaluating'this''proposed rezoning. B 1 (Neighborhood Business) District scale coimercial,uses exist in
this general location.
The transportation impactsµassoci'ated with this request appear to have generally been addressedby`the
Applicant, subject to the approval of the,County Attorney regarding right -of -way dedication proffer,
Proffer.2 (provided), The community facility impacts associated with this request should be addressed
to a greater extent.
The adjacent properties are a consideration with this rezoning-application.. With this rezoning, the
applicant has proffered - height restrictions', on site lighting to mitigate "potential impacts to the adjacent
residential properties: Initially; no,additional site development standards were proffered. The Applicant
subsequently proffered a.height'limitation of fifty (50) feet for hotels, motels, and office. buildings. The
Planning Commission. ultimately determined that the neighborhood character of the area will be
adversely impacted by this rezoning request.
Followinz the 'regi&ed.public hearinz a decision re,- ardingu this 'rezoning application by the
Board of Supervisors would be appropriate. The applicant should. be,Prepared,to adeguatelV:
address all cotzcerns raised by. the Board of Supervisors.
• 0
Rezoning #05 -14 CB Ventures;.LLC
May7,,2015
Page 3:
This report is prepared by the Frederick.. County Planning Staff to provide information ito 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'bystaff where relevant throughout this staff report.
Reviewed
Action
Planning Commission: 01/07/15
Public Hearing Held; Action Tabled for 45, days
Planning Commission: 02/18/15
Denied
Board of Supervisors: 03/1.015
Public Hearing Held; Action Tabled, for 60;days
05/13/15
Pending
PROPOSAL: To rezone '2.42 acres -from the B1 (Neighborhood-Business) District to B2 (General
Business) District with proffers.
LOCATION: The property is located at 1.033 Aylor Road in Stephens City.
MAGISTERIAL DISTRICT: Opequon
PROPERTY ID NUMBERS: 74 -((A)) -104 and 74 -((A)) -105
PROPERTY ZONING: B 1 (Neighborhood Business) District
PRESENT USE: Car wash / vacant
ADJOINING PROPERTY ZONING & PRESENT USE:'
North: BI (Neighborhood Business)
South: BI (NeighborhoodBusiness)
East: RP (Residential Performance)
West: Aylor Road/Interstate 81
REVIEW' EVALUATIONS:
User
Commercial
User
Commercial
User
Residential.
Use:
State Highway
Town
of Stephens City
Virginia Dept. of Transportation: Please see attached email dated August 8, 2014, from Lloyd
Ingram, y DOT.
Fire.Marshall:, Plan approved
Fire and Rescue: Plan approved
Public Works Department. Recommend. approval
Rezoning #05 -14 CB Ventures „LLC.
May 7; 2015;
Page 4
Frederick,County Sanitation:Authorityy: Please seeattached letter dated June 6, 2014; fi -ohl Uwe
Weindel ,',Engineer° - Director FCSA.
Service Authority: No comments
Frederick County Attorney: Proffer is in correct legal fonn "(Please see attached letter dated
December 4, 2014, froM Rod, Williams; County Attorngj', f6r initial comments).
Town of Stephens City: No 'issues
Planning: & Zoning:
I) Site.History
The original Frederick'County zoning map (U:S.G:S. Stephens City Quadrangle) identifies the
subject`parcels as being, zoned (Neighborhood Business).District. The intent ofthisdistrict
is to provide small business;areasto serve the daily household needs:of surrounding residential
neighborhoods. Use.s'all'owed primarily consist of limited retailing. and personal service uses.
Business uses in.ihis district, should;be:small in size and. should.not produce substantial vehicle
traffic in excess of what is usual in the residential. neighborhoods.
2) Comprehensive,Ttilicy -Plan
The 2030 Comprehensive Plan. is the guide; for the future,growth of Frederick County.
The 2030 Comprehensive Plan is an official public document that serves as the community's
guide for making' decisions xegaroMg.development, preservation ,- publicfacilities,and other key
components .of community life: Thee 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-.
Land Use.
The 2030 Comprehensive Plan. and the Southern Frederick Area 'Plan provide,guidance,on the
future development.,of the property. The property is located within theUDA and SWSA. The
2030 Comprehensive Plan identifies the generalr area surrounding this property with a:Business-
land use designation. In general, theproposed commercial land use.designation for this property
s.consstent withthis land use designation ofthe Comprehensive Plan. Commercial land uses
would include both BI Neighbofhood.Business and B2 General. Business zoning ,designations.
The existing land use in'this area,is neighborhood-business in character: The existing character
of the land use' i's a consideration when evaluating, this proposed rezoning'.
Immediately to th'e east of this property is an existing residential neighborhood. The _Plan
recognizes the existing residential land uses. Care should be afforded to the transition between
the business and residential land uses, both of which -are located in this general area.
Rezoning #05. =14 GB Ventures,.LLC
May 7' 201`5.
,Page 5
-- Sii&.Access andiTi-ansportation..
The subject'properties have.frontage on and access to Route 647, Aylor Road. Aylor Road is
identified as a major collector road in'the County's Eastern Road Plan.
Transportation iinprovements,to Route 277, Fairfax` Pike, are planned on'the,VDOT.S'ix -Year
Iinprovement -Plan. This project includesimprovements-to Aylor Road. A copy gfthis section of
the VDOT plans "has been cittached: to the package for your ° -ii? foi- m.atiozi. Similar to other recent
pro'ects:i.nthe vicinity, :A is not anticipated that'this project constructs improvements to Route
277 or Aylor Road at,this time, rather, dedicates.appropriate "right -of way, designs access to this
site that is consistent •with 'those improvements anticipated with the `VDOT Six-Year Plan.
Project, and provides some contribution to .transportation improvements resulting from the
impacts of this new'development;,further, that:the value of any contribution has a nexus to the
project and its impacts
The rezoning app
li;cati'on should fully Address this road project as designed by VDOT in the
most recent ,improvement plans for this project. In particular, the right -of way needs of 'the
project. Any, impiovernenis:associated with the development of the site within the future road
right -of -way should, be, consistent with those identified in the plans and to the satisfaction of
VDOT.
The provi"s"ion of two entrancesis proposed. Given the anticipated.design for Aylor Road, such
an approach may,work in this foe'ation. The southernmost entrance appears to align with the
new and existing road configuration.,
3) Site. Suitability /Env'ironment.
The site does not contain any environmental features that; would either constrain or preclude site
development-. There are no identif ed areas of 'steep -slopes, floodplains orwoodlands.
4) Yotential, lmpac&
The subject properties are;currentlyzoned B 1 (Neighborhood Business'), District. Therefore, the
rezoning of these, properties to the 92 (General. Business) District will.h:ave..the potential to
generate additionalimpacts. However, itis recognized'thatthetimpacts associated may noibe
as signif cant as if;this property was zoned RA (Rural Areas) District.
;As noted. previously immediately to the east of this -property- is an existing, residential
neighborhood. Care should be afforded to the transition between the business and residential
land uses that areboth :located in this general :area. With the exception of addressing the
potential lighting, impacts by limiting the height of any fighting to twenty feet, the Applicant has
not provided any additional means to minimize the potential impact:.associated with the more
intensive commercial use of the property beyond the requirements of the Zoning Ordinance. It
•
Rezoning #05 -14,CB VeiitUres,,LLC
.May 7; 2015' i ,
Page 6
should be noted that the height of certain commercial structures;may increase to sixty feet fi om
the currently enabled thirty -five -feet.
With regards to t hepotential,transportation impacts, at this time, the project has the intention.of
providing the right -of -way for the future improvements to Aylor Road. This should be
unconditionally guaranteed. Otherwise, the transportation;impacts associated with this request
would not be full'yaddressed. The additional' trips would simply add to the transportation issues
in this area.
The Applicants .Impact - Analysis states. hat this site will negatively impact Police Protection,
Fire and Rescue ;Protection, Water and';Sewer Usage; and Solid Waste Disposal. The capital
needs associated with these impacts have not been quantified `and have not been addressed by
way of mith'gat;'on;other than to ;say that there may be;apotential increase in tax;revenue and fees
from this development.
5;) Proffer Statement— Dated May 13, 2014 and revised on Novetn'ber 19, 2014
i
A).. Generalized Development Plan
ro ernes a be: developed ed a_General'ized'Deve.lopment Plan. The Plan identifies the
The Applicant licant has coffer
p p ped and recognizes• the transportation and access related
commitmetits•made'with this rezoning application; including the Aylor Road right =.of-
way dedication area ,and the two potential entrances to the site.
B) Land Use
The Applicant's proffer statement does;not place any-limita -ion on the amount.or type
of comm `ercia'l development that may occur'on-the property. It is.recognized thatthis is
a rela'tively's ►null parcel, however, the poteiztial increase in intensity of the ,use
including the:size of the structure should be considered.
The Applicant.has, in, Proffer 3,; addressed, the potential impacts associated with site
lighting by, proffering that, all lighting shall be no higher than 2:0'.
Q Transportation
The proffer statement supports the Route 277' Improvement Project as the Applicant
has identified the correct. area of right -of- way dedication consistent with the VDOT
project along: Aylor Road and described: this -in ' proffer -. 2, fight -of- -way dedication.
i
In general; the-trigger for conveying said- right- of -wayis acceptable. The proffer states
that the right -of --way shall be�conveyed within 90. days of a written request from VDOT
or the County. The final sentence of proffer 2 should be carefully evaluated as it
contains a mechanism that removes the conveyance-of the right =of -'way. This.,would be
problematic;as the language'is vague and the right -of- -'way is necessary: In,addition, this
would; result in a. rezoning. application that in no way addresses the additional
transportation impacts generated from -the more intensive commercial use of the
property.:
Rezoning #05-14, CB Ventures, LLC
May 7,.2015
Page 7
Recent; rezoning Applications m the vicinity of this project have also. proffered, a
monetary'contribution to transportation"improvements in the County in an amount they
believed was consistent. with the transportation impacts of their project:.
D) Community Facilities
This application does not include a proffer alined at,mitigati_ngthe community facility
impactsI of "this request, The Applicant has stated that the additional tax revenue
generated would 'address :this. Recent rezoning applications in the vicinity of this
project,have also proffered a nionetary,contribution to offset.the fire -and rescue impacts
of their project.
Revised Proffer.Statentent (Revision Date; Februaw 5; 2015)..
The Applicant,h'as niodifred tlheii- proffer statetneitt,to p.ohibit; iwo uses; Veterinary Offices
and Gasoline Service. Stations:
In addition,, a.pr�ffer addressing•the allowed building -,height has: -been added. The nt'aximunr
building height fob office buildings wid / otels%inotels :shall be fifty (50) feet. This is a
reduction of (10),feet fr'onr; that :which, is currently peeiiritted by the Zoni ng Ordinance.
The County Attor iey has reviewed the revised proffer•,statentent,and t is in tliepi -oper legal
.form.
STAFF CONCLUSION&�;FOR- THE 01 /07 /15'PLANNING COMMISSION MEETING:
This is an applicati on'to:rezOnel a total of 2:42 acres of land from the B 1 (Neighborhood Business)
District to the B2 (General Business) District withproffen, to accommodate commercial uses..
The B2 (General Business) District land use proposed in this rezoning. is generally consistent with the
commercial designation of the Southern Frederick Area Plan and the 203:0 Comprehensive Plan.
However, the exi sting, neighborhood,character of the.adjacent:land uses"should be a consideration when
evaluating this propose&tezoning.
The transportation impacts associated with thin request appear to have generallybeen' addressed by the
A licant subject.
dedication proffer, to the unequivocal approval of the County Attorney regarding right -of -way
_ fen, Proffer 2. They community facility impacts associated with this request' should be
addressed to. a greater extent.
i
'The adjacentproperties sh ould be a consideration with this rezoning application. With thissrezoning;
the applicant has proffered height restrictions on site lighting,. to mitigate potentials impacts to the
adjacent residential prop,e'rties. No additional site development standards have been proffered.. The
Planning Commission should determine if "the neighborhood character of the area will be adversely
impacted:
Rezoning #05 =14 CB.Venfdres, LLC
May 7, f615
Page 8
PLANNING COMMISSION SUMMARY FROM THE 01/07/15 PLANNING COMMISSION
MEETING
Two members of the public spoke during the. ,public hearing;; Mr. Chapman, and Mr-. Carriker. Both..
expressed: concerns regarding the application and the imp_ act it would have on their residential
properties.,
Commission membersasked several questions regarding the details of this appli'cati'on and expressed
concerns about- the potential impacts of the application and the appropriateness of the request from a
land use perspective.
Commissioner Mohn noted, the concern is there in regards to lack of specificity on the intensity that
could occur -with this, rezoning. He would like: to see more in the application on building size and
development —Mr. Mohn stated he would like to see something that projects a clearer view of what may
be developed on this property.
Commissioner Thomas made a motion to table this °rezoning application,,for 45 ,days. This motion was
seconded-by Commission Unger, and unanimously passed.
(Note: Commissioner Oates abstained from voting;. Commissioner= Marston was. absent from the
meeting.)
PLANNING COMMISSION SUMMARY FROM THE 02/18/15 PLANNING COMMISSION
MEETINGS
Three members of the public spoke during the public comment portion of the Planning Commission
meeting:
The Applicantprovided two exhibits for the Planning Commission's review. Thelirstis,a:cross section
which shows the,proposed buffer location, the existing single and two story residential homes, and a
potential hotel /office:building. The second exhibit is:a photograph that shows the existing,property for?
which the rezoning .is being, requested and the residential land uses at the. rear of the property. 'The
Planning Coinrniss on voiced concerns with the:height;of a building on ihis'propertydue to the current
elevation of the land ,compared to the residential .neighborhood located directly behind, it.. Planning
Commission Members also expressed concern with the height of a building on_the;property ;and,does
not. -feel the exhibits provided adequately address °this 'issue.
application Plann to rezone a total of 2, unanimously recommended denial of this .rezoning request, an
The Plann►n 'Commission
i
42 acres of land front the BI (Neigh borhood Btisiiness)*Districtto
the B2 {General Business) District,with proffers, to accommodate commercial uses:
Rezoning #05 -i4'CB Ventures; LLC
May 7, 20I5
Page 9
Commssion.members stated their belief that the 92 (General Business) District uses were'too intensive
'for- this location and 'would have: a detrimental impact to the adjacent residential neighborhood,, in
particular the existing residences -immediately adjacent: to the property. The Planning Commission
expressed that the B2 District designation'is.inore appropriate for larger commercial parcels such as in
those areas planned .forlargerscale.commercial development adjacent to Route 277, Fairfax Pike.
Followiu,- tl e,reguired- public hearing; a decision rejear�dinzildi i ezorunQ application by the Board
of Supervisors ,would,be. appropriate. The applicant:,should be pr=epared to adequately address all
AMENDM =ENT
Action•
PLANNING COMMISSION: February 18;'20.15 Recommended Denial
BOARD OF SUPERVISORS:: May 13, 2015 ❑ APPROVED ❑ .DENIED
AN ORDINANCE AMENDING
THE ZONING DISTRICT MAP
REZONING #0.5 -14 CB VENTURES LLC
WHEREAS, Rezoning #05 -14 Of CB Ventures, LLC, submitted by Montgomery Engineering Group,
Inc., to rezone 242 acres from B (Neighborhood Business) District to B2 (General Business) District with
proffers dated May 13, 2014, last,revised.on May 1, 2015, was considered. The property °is located at 1033
Aylor Road in Stephens City. The,propertyis further identified with PIN(s) 74 -A -104 and 74 -A -105 in the.
Opequon Magisterial District.
WHEREAS, the Planning Commission held a public hearing on this rezoning on January 7, 2015 and
a public meeting was held. on February 18, 2015; and recommended denial of this request; -and
WHEREAS, the Board of Supervisors held. a public hearing on this rezoning on March 11, 2015,
tabled the request for 60 days, and' a public meeting was held on May. 13, 2015; and . '
WHEREAS, the Frederick,County Board of Supervisors finds the approval of this rezoning, to be in
the besCinterest of the public health, safety, welfare, and in conformance with the Comprehensive
Policy Plan;
NOW,'THEREFORE, BE IT ORDAINED by the Frederick. County Board of'Supervisors that
Chapter 165 of the Frederick County Code; Zonings is amended -to revise the Zoning District Map to
rezone 2.42 acres from B 1(Neighborhood Business) District to .B2 (,General .Business) District with
proffers. The conditions voluntarily proffered in writing by the applicant and the property owner are
attached.
PDRes #10 -1.5
-2-
This ordinance shall be in effect on the date of adoption.
Passed this 13th day of May; 2015 by the'following recorded vote;
Richard C. Shickle, Chairman
Robert A. Hess.
Gene E. Fisher
Jason B. Ransom
PDRes #10 -1.5'
Gary A. Lofton
Robert W. Wells
Charles S. DeHaven, Jr.
A COPY ATTEST
Roderick B. Williams; Interim
Frederick County Administrator
PROPERTY 2;42 acres
Tax Map Parcel 74= ((A))4`04: & 105
RECORD OWNER: CB Ventures, LLC.
APPLICANT- 'Montgomery Engineering Group,.lnc.
't
PROJECT NAME: GB. Ventures, LLC — Aylor, Road
ORIGINAL DATE
OF PROFFERS:, May f'3,2014
REVISION DATE(S):° . November 1,9; 2014
The undersigne.cl hereby, proffers thatJhe use and ,development of the subject
property ( "Property "), as described (above, shall be in strict conformance with the
following conditions,; wh "ch shall supersede all other proffers on'rie Property "that
may have been made prior hereto*.. In the event that the, above - referenced B2
rezoning i's, not,granted as applied for- by the ,applicant,,('`A0plicant "), these
proffers shall be deemed withdrawn and shall be null and, void. Further, these
proffers are contingent ,upon final rezoning of the Property with, -final rezoning'"
11 defined as,.that rezoning which is` in effect on the day following the:Jast day upon
which the, Frederick County B'oard',of Supervisors' (the "Board ") decis'ion granting
l
the rezoning maybe contested m..the appropriate court If,`the Board's decision is
contested and the App.licant,eleots not to submit development plans until such
contest is resolved, theterm final rezoning shall include the day. following entry of
a final .court order affirming—=the deeision .of the Board:which has not'been
appealed,; or; if, appealed, the day followingw,hch the decision has been affirmed
on .appeal.
The headings of the proffers set forth below have been prepared for convenience
or reference. on'. lyiand shall not control or affect the meaning or, be taken as an.
interprefation of'any provision,of the proffers, The improve bents proffered
herein �shai[ be provided at the, time of development of that portion - of`the. Property
adjacent to or mcludi'ng;the improvement or other proffered requirementll unless
otherwi'seaspecified,.herein: Any proffered conditions that would pr0ve.nt,f he
Applicant CB: V,entures;,; LLC.,Jrom conforming to Sta_fe anWbr Federal regulations
shall be considered null' and void._ The term "Applicant" as referenced herein,
shall include within its meaning all future owners and successors in interest..
_1
When used 'in1hesp, proffers, the 'Generalized Development P-'Ian?'-,sha'lI refer.to
the plan entitled ,"'CY'Ventures, LLC Aylor Road `dated 'February 23, 2014
revised. November 1, 2014'(the "GDP") and is- included in ,this profer.
Site Develbprneft.
Property Access;
Property access shall be via the,,jWo new entrances show
Proper I "I shown on GDP from
RolocatedAylor, RO-ad, as approved by VDOT. Temporary access to the property
may, n the interim, I 1'be �ia, entrances on the existing portion �6f A` or Road, .as
", V -. - -1 � - I Y
approved by,VDOT, ur%l's-uch time the right of'" foe the future rAylor Road:
realignment im prove mehf p- Tofiect is conveyed e,CL- -veyedtoth,ommonwealth,of Virginia.
-'
This tern access rhav cross` the area identified right_ of Way, dedication..
pqrary acP
Irn.prOvements necessary to utili2e the two new entranoi s'sh(jWn on the GDP
after 'the,,conve,yan,ce, shall ,be * the responsibility of the Applicant.
2. 'Right of wayided-Ication.
The Right of Wa y for the future Aqloir Road Realignment 'improvement project,
shown, on GDP: -shall, be conveyed for the developmeft-o'&sq'id road to the
Commonwealth Of Vitginia,`9.0 days of a
' written: tt- e'-n.. : - r'e' UQ$,t- #offi either
VDQT or
Frederick County. Aff 9it6,d6vel6pmOt
shalloccur,on the',area outside of:the
area identified f0tur& fight: of way dedication. The. only.ex6epfion to this
- . , J� 'iffer 1. This property
requieement, being the temporary access identified in Pro I
'-o
shall not be conveye d s h Wd'roaddevel Mont. nbt,Qcc ,ur or if on a, future VDOT
6 Year Pla'n, Ayjq( Road is no longer'being considered for realignment.
3. Lighting,
All lightihg,'shall bq' building: remounted wall packs dron poles -arid-sheill be no
higher than, 20'. Lighting ,shall be> downcast and sh,iblded- to, pteveht glare and
`intrusion o(right onto adjoih'ing properties.
Z
1
C_' O. MM,ONWEALTH'`O.F VIRGINIA, AT LARGE
FREDERICK COUNTY,'To -wit:'
The foregoing i'nsfirument,wa aeknowledg d before Me, �' day
of AAA 6 ( , 2014, 'by �'J1 -e
NOTARY PUBLIC
My commission expires::a'�3b I
1.
Commissio numb r .
Debbie Jenkins
Notary Public
CommonweaM of Virginia'
NotaryR� ^:�• •` ^�,+e'SA32£i5
Fundy C.raun
COMMONWEALTH, OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To =wit:
The foregoing instrumentw .aeknowled ed before, me this � day
►`
of (syu ntit; , 2014, by .ems ,n5
NOTARY PUBLIC
My commission expires:
Gommission number:
Debbie Jenkins
'Notary Public,
comTonwealtKof Vrgima,,
.07593285,
ih
3
Pagel of 2
Frederick County, N
Monday,,January 5j,2075
Chapter 165. ZONING
i
ARTICLE VI Business and Industrial Zoning Districts
Part 6o1. Diniesional and Intensity Requirements
1.6.5 6.0 °_1.:0:1, •Intent: -
The following '.tables desc,ibe,�the business. and 'industrial'zoning;districts,in Frederick Gou,nty, the intent
of those districts�and the :uses allowed in each district. Standard industrial classification numbers• are
provided�for particularluses to assist the Zoning,Admin,'istrator in classifying uses. Determining °whether
a particular use should` be.1.1 . ified under;. particular category remains:.sub�ect�tb interpretation on the
part ofthe Zonng,Administrator.,
§ 165 - 601.02,, Di- menS_' ontal an d irn�tens ty requ rem.ents..
[Amended 12 -1,'0 2008; 1,1- i829o9, i1, -13 20i3]
The following'tahle describes;the dimensional_ and intensity require:ments for the;business and industrial
districts:
ROLdeeinent • f.
Front:yard; setback on rimar or °arterial :hi hwa s
_ P Y _g.-- - -Y
(feet)
District
B ;
62 •,
P!,
OM
Mi
IM2L
50
50
50
50
75
75
Front.yard; setback on: collector or rriinor:streets,(feet)
35
35
35'
35
75
75
Side.yard setbacks ( feet )
._
?5
_
1:5„
-
25.
25_
Rear yard setbacks (feet)_
-
-
15
15
25
25
Floor areato lot area,,ratio +(FAR)
0:3
1:0
1:0
2.0'
T:o
to
Minimum:landscapedarea, {percentage of lot area)
35
f:5
25
i5
25'
15 . °.
Maximum height (feet) .. �,
35
35
35 __'
So
60*
60*
*In the-MI and :M2,Districts the Board of Supervisors may,waive th,eisixty'foot height limitation;
provided that it will not,negatively impact ad' nt.uses. In order to consider, the waiver, the applicant.
must'submit all': mformationrand adhere to requirementsaspecified ' by § 765 =zo4,` & In no case;sh ill' ' -
structure exceed i5o`'feet1in height.;
165 60:41 03;. -Minimum landscaped area.
.{Amended 9 26;:iw2]. .
In the B2 Business General Zoning District, the, Board of Supervisors may;;require'thatmore "thanas %of
the.area ofa:site.shall' be• landscaped in order to -rneet the' intent .of'this:chapter:.Additional landscaped
t
1./5%2015
Page 1. of'!
Frederick County; VA
Monday, Januarys, zois
Chapter 165. ZONING
ARTICLE 1. Business and Industrial Zoning Districts
k
Part 60`2.. B11 N' gh-borh0od Bus ne s District
I -
[Amended- 4-.10-19,91'1
I r
§ 165 = 602:01. Intent ,
The intent of this district is tapro�ide smal1 . business areas to serve,the daily household,needsof
surrounding residential neighborhoods Uses "allowed primarily consist of l mired - retailing and personal
service uses: Business uses" in'this�"distr,ict should be,.small;in -. size and should not prod uce•substantial
vehicle traffic in, excess of what is usual in the, residential "neighborhoods.
§465-60.20,2., Allowed.us.es.
.f 1FPt1-a11nijPrl'i'n the Ri'NPi6h'knrhnnrl RvitinPq Digtrirt arP as frillnws•
r
Allowed Uses
Veterinary services for animal spea'al.ities (excluding horses), with`
all activities,and animals kept,within a fully-endosed primary
structuke
[Addedv5 J27 2009]
F
Standard Industrial
Classification
{SIC)
o7,4r.
Food;siores i
54
Apparel andfaccessory stores
56;
Drugstores
591
Miscellaneous °shopping goods stores
_
594'
Finance' insurance and`reaGestaie offices
Personal services,�except ihe'following::.
'12
Industrial launderers 1
7217
Funeralhomes•and crematories
726'
Car washesa .
754?
Videotape rental
74.
Medical offices
86,1, 802, 8o3'and 804
Child day care services
835
Civic, social and fraternal ,organizations
864
Public buildings
" l ttp / /ecode3;60.com/`print %FR1364 -guid.-13804439 &children -truei
1./5/20:15
- - Frederick County VA'
Monday'Janu#ys 26f5
_ Chapter 165. ZONING
ARTICLE VI Business Arid Indus"tr-ial Zoning Districts.
--Pant 603. B2 General Business District
f _
}
'[Amended,84- 1990,':6 -11 1�
I99J'6 8 199.4, 7 io= i996, ^z z6= i "9.97> 8- 13= 1,9971
16:5- 60'33.W, Intent: "
Th& intent ,of this district J to` provld'eaarge' areas for a variety of business,, off ice,and " ser-vjice uses:
General business areas °are located 'on arterial.highwaysat major intersections andat interchange areas.
Businesses: allowed involve frequent:and° direct access tyahe general,publ c but not heavy, truck traffic
on acon_stant basis' other than; that reguired:fordeliyery of`retail goods General; usiness: areas should
have direct'access to majorth'orough`faresand should be prop from;,residential:areas:
Adequate frontage and deipth should be provided, and accessdshould•be properly controlled'to promote
safety and orderly °development.'Nuisance factorssare to be avoided_
I
1,65 603 0;2,. Allowed usRes.
i ,
A`Ilowed uses <sl all,be:as follows::
ht_tp. //ecode360xom /print /FR 1,3'64�gufd= 13804443 &children- true.
1/5/2'015
Standard industrial
o-
_ iClassification,
Alldwed. Uses;
(SIC)
veterinaryoffices.with all activities and animals keptmithin °the
074
fully enclosed prmmary structure, excluding th'e following:
_ -
_.
[Amended 8-24 2oo4]_
Veterinary- ,`seruice5livestock
o74 ,
Animaf specialty services;- ex "cept vete ihary,:with4l,acti'vities.and
o75z
animals, within;the fully enclosed: primary structure
Communication 1aci I iti esi and offices; including telephone,
48'
telegraph; radio, television- and other'communications; excluding
the following111 i
[Amended 8 -24- 2004] G
Comrriun cations,seryces ,;not elsewhere classified'
489,9 _
Paint; glassand,wallpa;per store -s
_.
_. 5B ._.._. .
Hardwa "re stores �
;.. 5?5.
Retail nurseries and .lawn and,°gar,,en supplystores
5z6
General; merchandise stores`
_ : _53
'_
ht_tp. //ecode360xom /print /FR 1,3'64�gufd= 13804443 &children- true.
1/5/2'015
T :F'red'erick County, VA i Page 3 of 5
Allowed Uses, ;:.:
St andi rd Industrial
(SIC)
[A'd'ded'8 -24 200
Repossession serviced
[Padded 8= 24 „ZOO4]
j - ,
7,389
_
Salvaging;of damaged rneryrchand se,h6t engaged in,sales
[Added, 8 -?4 Zoo4] �
7389
•
Scrap steel"cuttmg
[4dded 8:: -24 2004]• _L _
7.389
Car:,washes
„754.2
Miscellaneous; repair service's,,'excluding thelfollowing
[Amended 8.24 2004]
. ,76
Welding repair
Agricultural equipment repair. ;”
7699
Blacksmithshops;
_. -
- 7699
Boiler cleanmgand repair' - ,,
769;9
C`es "spool e_leanip9,
7 '9
-
Coppersmithin
�, g .
_ 7699
r
Dental and' medical instrument repair
7.699
Engine repair
7699,,
a- • . .
Farm mach''ineryland tractor repair.
7699..
709.
Horseshoeing
Industri al "tru "ck're -pwj,
69':9
Laboratory. instrument repair'
- _ 7699-
Machin`ery cleaning
7699'
Measunngand controlling instrument repair,_mechanlcal
7699
Meteorological instrq,1; t repair
: ', 769.9'
Vrecision,instrumen' repair
•7699,
Repair of.optical, instruments °.
7699
Repair ofaservice station equip.menf
7699
Scale repair service
Septic tank cleanmg,se,rvice:
7,699'
- Sewer cleaninglservice
7699. -
•S'urgical`ins'trurnent repair
7699 '„
Tank and' boiler cleanpgtservice .,
_ 769;9'
Tank truck�cleaning service
7699 _
Taxidermists
7699.
T,insmithing, .:
.g
769 9
Motion picturetheaters, except drive -in
7832
Videotape,rental a _ .
784
Amusement: and' recreation "services-oper'ted. indoors
79
Golf<drivingxranges and miniature golf coourses
7999_ "-
Health,services
80 -
,Le gal ',servicces
8)
http:// ecode360.com /print/FR1364?guid= 13.804443 -,children frue
1/5/2015
Frederick County, VA.
Page 5. of,5
Co n ditional .Uses.
Standard Industria_ll
Classification
-
Qdult- retail:uses meetingA'heminimum requirements of,this
chaPte_r„ any conditions imposed by, the Board of'Superv.isors, and
with th'e "following minimum conditions -' ,
(a) Such uses shall be located atieast,2,50o feet from the
property li_nesgf existing ad,u_It retail uses;`schoois
churches; parks,,day -care facilities and residential uses
a4districts.
l'
(b) 350ch, uses shall not be permitted in `shopping centers`
and /or multi'.- tenantbuildings:
(c) All merchandise display areas shall 'be limited to enclosed,
structures and shall, not be visible frornthe outside., -
(d) Business signs shall, not exceed a maximum of 25 square
feet. No wall- mounted signs& window displays shall be
permitted, " I, _
(e) Hows ofoperationshall be';limited to between:g,o'o a.m..
and itoo p:m:
1- /5/20'15
_ 1 *y
PROPOSED,.PROFFER: STATEMENT
i =
REZONING: 1: RZ #
61 to B2
PROPERTY: v "u :2..42 acr::es
Tax�Map ,Parcel 74'= ((A))' -1'04 &:105'.
RECORD OWN--Rf' 9 CB Ventures, LLC`.
APPLICANT; f Montgomery Engineering Group „ 'Inc:
PROJECT' NAME. E CB ventures;; LLC Aylor Road„
ORIGINA L DATE ;
OF° PRQFFERS; _ May.13; 2014
REVI.S,ION' QATE(S)- January 7, 201:5
,. _ _
The untlersigne - hereby proffers that the, use and deuelo rde t ;bf the sub�eet'
rop ert = _
' p p y (Property), as described above, shall be,in stncf conformance with the
following conditions, which shall supersede a'll other proffers on the PrEgperty that
may`have been made prior hereto In the event that.the above referenced B2
' rezoning is not granted ps,applied for by the applicant ( "Applicant "), these
proffers shallYbe deemed withd( awp and _shall be Wulf and .void. Further, these
proffers are contingent upon'final rezoning of the Property, with'`final.rezoning" '
defi.ned:as,that; rezoning which',�is in effect on the dayfollowing the,lasf day upon
= which the Frederick,County Board'. of Supervisors'''(.the "B'oarO') : decision ,granting
the rezoning' maybe contested,'in,the: appropriate -court If.the-Roard's decisionis
contested, and- "the Applicant; elects not to submit development,plansr until such
corifest is resolved,Ithe termafinal rezoning shall include the day:following entry of
r Il h6 decision of,, Board whicha has. not been:
appealedu or6 idappealed,gFe day follow ngtwh ;'
ich the decision h:as been affirmed
on appeal
The headipgs pf'the proffers, set forth below have been prepared for, convenience
or.reference only and. shall not control orjaffect'the, meaning; or'tje taken is�zin
interpretation of',any provision of the proffers The improvements proffered
herein shall be,prodded at th, tirn of development of that portion. of the Property'
adjacent"'to or includi ig_the, improvement or other proffered requitome'r t,, unless
otherwise) $pecified herein. Any proffered conditions that' would prevent the
Applicant CB Ventures, LLC', from conforming- ta.State andLor Federal .regulations•
shall be considered null and'void. The ter m "' as,`referenced herein'
'shall include.,within.its,`m'o ning� gIl future owners and'successors in interesf.
i .
When used in these proffers, Ahe "Generalized. Developrn_ent, Plan ",, shall 'refer to
the plan entitled'``CiB' Ventures, LLC - Aylor Road" dated.F,ebruary 23, 2014 .
revised. November 1;, 2014 (the "(3DP ") and 'i's included in this. proffer..
Site .Development.
I
1:. Property Access.
Property access shall be via th&two new entrances shown; on GDP from
s. y
Relocated Aylor Road, a approved b VD.OT Temporary access°to the property
may, ,in the-interim, be via "entrances on the e- stinoportion` of, Aylor Road, as
approved by VDOTr, °until such time the rightof wayfor the future:Aylor Road
realignment improV1ement `project:`is, conveyed to the Commonwealth of Vir ginia.
T. his temporary access may cross.the area identified for right of way dedication.
Improvement's necessary to utilize' the °two new entrances- shown' -on "the G'DP .
:after the conveyance shall be the responsibility of the Applicant:
2. Right of way dedication..
The Right,of Way shown on. the .GDP fo-r"'the future Aylor Road Realignment
improvement.project shall be-conveyed'to the Commonwealth of Virginia or
Frederick County within 90 daysrof a written request from either VDOT or
Frederick, County. All site development shall, occur. onr the- urea, outside, of the
area identified for f dture rightof way dedication. The. only exceptionto'this
requirement being the temporary:access identified in:Proffer'l. The provision for
conveyance 6f-the Right of Way-shall have no furtherforce. or'effect, however,
should neither the VDOT 6 Year Plan nor the Frederick County Road Plan
continue to show th-eIlrealig rnent or improvement of Aylor'Road:,
3. Lighting.
All lighting shall be building mounted wall packs or on poles and shall be no
higher than 20': Lighting shall be downcast and. shielded to prevent glare and
intrusion ofAk ht ont10 adjoining prdperties.
F
i
I
2
Respectfully sub "mitted;
CB`Ventutbs; LLC.I
MA
Edward P. Browning; 1V (Title);
i
COMMONVVEALTH�OF "VIRGINIA, AT LARGE
FREDERICK C:OU.NTY, To' =wit: 1
he foregoing instrument was ' 'ack, nowle ed before me thi's day
of 201), by .
j
/v--
_ NOTARY PUBLIC:
My commission expires:
14�. " NOTARY
C'oMmissio umber: ; �; PUBLIC 9
'4 ; REG: #264078
MY COMMISSION
' P 3ES
Randy Craun (rte)
.ii
COMMONWEALTH OF VIRGINIA;. AT LARGE
FREDERICK CQUNTY,.To =wit:
'The foregoing instrument was, cknowledged' before melhis J day
of - 201 4, by
NOTARY PUBLIC
3all�My:,cornmission explres', -
Commisslon number:
DebbW Jon"
No4ary Public
c0inT0=j j 0j r 932 5
. jyotaN F.. ,
I.
3
,Mike; Rudd
From: Rod Williams
Sent; Wednesday, January 07, 2015 4:05 PM
To: 1B,en Montgomery'
Cc: Mike Ruddy
Subject: RE: CB Ventures, LLC Rezoning Proffer Rev 4
Ben — It looks. OK. Thanks.
WE
From: Ben Montgomery [mailto:beh(&meginc.biz]
Sent: Wednesday, January 07, .201!5 3:01 PM
To: Rod Williams
Cc: Mike Ruddy; 'Randy Craun'; 'Ned Browning'
Subject: RE CB Ventures, LLC Rezoning Proffer Rev 4
Thank you Rod. I agree to the "rewording. The revised document is attached. Please take one more look before'the
owners sign;and notarize. Let me know if acceptable.
Ben C.-Montgomery, PE
Montgomery Engineering Group, Inc.
(540) 974 -7382 cell
www.MEGinc.biz
From: Rod Williams [mailto:rwillia @fcva.us]
"Sent: Wednesday, January 07, 2015 1:53 PM
'To: 'Ben Montgomery'
Cc: Mike Ruddy
Subject: RE: CB Ventures, LLC Rezoning Proffer Rev 4
Mr. Montgomery;
Thank °you for your message. With respect. to the Property Access paragraph, I believe we
can work with it in the form you have now presented it. With respect to the right of way paragraph, I.
suggest something along the lines of the following, for better clarity:
The: Right of Wdy'shown on the GDP for the future Aylor, Road Realignment
improvement project, shall be conveyed to the Commonwealth - of Virginia or Frederick County
within 90,days of a written request from either VDOT or Frederick County. All site
development, shall ,occ'u'r on the area outside of the area identified for future right` of way
dedication.. The only exception to, this requirement being the. temporary access identified in
Proffer 1,,. This p mpert , shali n9t a eenvey °a The provision for.conveyance. of the Right of
Way shall have no further force or effect, however., should neitherthe VDOT 6 Year Plan
nor the Frederick County Road Plan continue to show the realignment.or improvement
of AVlor Road 9 if
Finally, 1 note; that °the copy of the GDP included in the agenda materials does not include a
seal signed by you We do need to have that as- part of the proffer package.
(54Q) 974- 7382 cell
www'.MEGinc.biz
.3
Mike,,Ruddy
From: Rod Williams
Sent: Wednesday, January 07; 2015 1:53 PM'
To: 'Ben Montgomery'
Cc Mike Ruddy
Subject: RE' CB Ventures, LLC Rezoning Proffer Rev 4
Mr. Montgomery,
Thank you for your message. With respect to the Property Access paragraph, I believe we .
can work:with it in, the form you have now,presented it. With respect to the right of way paragraph, 1
suggest something along the lines of the following, for, better.clarity:
The Right of Way shown; on the GDP for the future Aylor .Road Realignment
improvement project: shall be conveyed to the Commonwealth of Virgin'ia or Frederick County
within 90 days of a wriften, request. from either VDOT or Frederick County. All site
developmentshall occur on the area outside of'the. area identified for future right of way
dedication. The only exception to this requirement being the temporary access identified in
Proffer 1. The provision for conveyance of the Right of
Way shall have .no further force or effect, however; should neither the VDOT 6 Year Plan
nor the Frederick County RoadPlan continue to show the realignment or improvement
of Avlor Road
Finally, I note that the copy of, the .GDP included in the agenda materials does- not include a
;seal signed by you. We do need to have that as part of the proffer package.
,Sincerely yours,
Roderick'B. Williams
.County Attorney
County of Frederick, Virginia
107 North Kent Street,. 3rd Floor
Winchester, Virginia 22601
Telephone: (540) 722 -8383
Facsimile: (540,) .667- 0370
E- mail: rwillia(a.fcva.us -
Please note neW e -ma'ii address: rwillia(a-fcva.us
From: Ben.Moritgomery [mai Ito: ben rrieginc.biz]
Sent: Tuesday, January ! A 06, 2015' 7:37 PM
To: 'Rod' Williams
Subject: CB- Ventures, LLC RezoningIProffer Rev 4
Mr. Williams,
As the planning commission is meeting °tomorrow 1/72 1 wanted to get this cleaned up and ready for final signature
before we meet with them.
Attached is Rev 4 of the proffer statement
1
Sincerely yours,
Roderick:B. Williams.
County ,Attorney
Co,ianty of Frederick, Virginia_
10.7 North Kent -Street_, 3rd Floor
Winchester, Virginia. 22601
Telephone: (540)722=8383,
Facsimile: (540) 667 -0370
E- mail: rvi illia(@_fcva.us
Please. note new. e-mail° address: rwillia'ANeya.us ,
r.
,From: Ben Montgomery [mailtoten'Offieciinc.biz]
mSerit:'Tuesday „. January 06, 20-1 -5 7:37 PM
`To: _Rod Williams =
$ubj'ect: CB Ventures; LLC Rezoning Proffer. Rev 4
Mr. Williams,.: .
As`the.planning commission is; meeting tomorrow 1/7; 1 wanted to get;tli`s cleaned up and ready forfinal signature.-
,before we,meet with them`.
!Attached, is ReV4 of the proffer statement.
'Item '1 has been corrected.
`Item 2 hasL been-removed.
;Item' 3:
a: The 'two have been. broken; up,, as requested.
b. I. need to talk -fhro,ugh thi'sone with�yo.0 Not sure what you need tosee. The,current.VDOT 6;year'plan ”
drawing shows all, of thej a cisting "entrances remaining as they currently are,only'moVed east. This.is
acceptable to the owner-. Any new'development' would util ze'the'two entrances. If Aylor'Road has not
been realigned the new entrances W6,uld require, a. drive across °the dedicated area. If'Aylor Road has been
realigned then the new entrances Would be as'shown on the GDP:... As with.dli development VDOT'approval
is required and this proffer'does not limit them at that time.. 'I am happy towork with you to word this
accepta:bleto all.,
Q, I' madeahe first correction mentioned. The second correction evidently has:already been changed :i'n a
previous, revision.. Please revieW and we can talk.about any required;ediis.
d. Noted.
'Item 4:. noted
Item_ 5: Added CB Ventures, LLC;u,nder Re "spec tfully'.submitted and added a title line for,eachsignature line. Concerning
raised - notary seal. 'I don't know'of'a"ny new notary's having anything.other °than a stamp: I will however pass: „along,the .
requirement.
y y p g this wrapped up. Let me know when a convenient time,would.be for me to give you a call.
Thank ou for o.ur hel fo, et
Ben. C. Montgomery, PE'
Montgomery, Engineering Group, Inc.
2
Item 1 has been corrected.
Item 2 has been removed.
Item 3:
a. The two have been broken up?as requested.
b. I need to talk through .this one with you. Not sure what you need to:see. The current VDOT 6 year plan
drawing shows all of theekisting entrances remaining as they currently are only moved.east. This is
acceptable to the owner. Any new development would utilize the two entrances. If Aylor- Road has not
been realigned the new entrances would require a drive across the dedicated area. If Aylor Road has,been
realigned then the new entranceswould be as shown on the,GDP. As with all development VDOT approval
is required and thisproffer'does not limit them at that time. I am happy "to work with you to word this
acceptable to all.
c. I made the first correction mentioned. The,second correction evidently has,already been changed in a
previous revision. Please review and we can talk about any required edits.
d. Noted.
Item 4: noted
Item 5: Added CB Ventures, LLC under .Respectfull,y submitted, and added`. a title line for'each signature line. Concerning
raised notary seal. I don't know of any new notary's having anything.otherihan a.stamp. I will however pass along the
requirement.
Thank you for your help to get this .wrapped up. Let me know when a convenient;time would be for me to give you a call.
Ben C. Montgomery, PE
Montgomery Engineering Group, Inc.
(540) 974 -7382 cell
www.MEGinc.biz
i
i
2.
PROPOSED: PROFFER STATEMENT
REZONING: RZ #;
131 to,'B2
PROPERTY: 2.42 acres"
Tax Map Parcel 74- ((A)')=104 & 105
RECORD QWNER CB Ventures; LLC.
.APPLICANT; Montgomery Engineering Group, Inc. _
PRO.J.ECT NAME: CB Ventures, LL;C — A ' or Road
A
ORIGINAL DATE
`Q;F PROFFERS. May 13', 2014
REVISION DATE(S): January. 7, 2015 =
The undersigned hereby proffers that the use and develop:rhent of the subject
property ( "Property "), as described, above;; sh -all be in .strict "conformance; with the
following con-ditions,il,WhIch. shall supersede all other proffers on'the Property that
may have been made; prior hereto. In the, event th'at'the above- referenced 132
rezoning �is not granted °as :applied`.for by the applicant; ( "Applicant '), these
proffers shall be deemed withdrawn and shall be null and void'. Further -these
proffers are contingent upon, final rezoning of the Property with "final rezoning'?
defined as that rezoning which is in effect on the day following the last day upon
which the Frederick tbonty`'Board, of Supervisors' (the "Board decision ,grantin;g„ ;
the rezoning maybe contested in ,the appropriate ,,court. If the Board's decision is`-,
contested', and the Applicantelects not to submit development plans until such ;
contest is resolved, the term final :rezoni'ng "shall include the day following . entry of:..
a final court order, affirming; the'decision of the Board which has not been
appealed; or; if appeaied, th-ei day following which the, decision has been: affirmed .
on appeal.
The headings of°thej proffers setr forth .below have been prepared, for convenience
or reference'only and shall not control or affect 'the rneanin -g or 'be taken as an
interpretation of any.provision of the proffers. The improvements prdffere ;d
herein: shall be.provide'd at,the time of development of that portion of the Property
adjacent to or incIud,ing the. improvement or other proffered requirement, unless
otherwise specified herein. Any proffered conditions' that would prevent-1 he
Applicant CB Ventur,es', _LLC. from conforming to. State and %or Federal regulations'
shallbe, considered null and void. `The term "Applicant" as referenced. herein
shall'�'include•within its meaning all future,, owners and suecessors in interest.
Respectfully submitted,
CB Ventures, LLC
Edward P. Browning, IV (Title)
COMMONWEALTH OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To -wit:
„ The foregoing instrument was acknowledged before me this day
of , 2014, by
NOTARY PUBLIC
My commission expires:
Commission number:
Randy Craun (Title)
COMMONWEALTH ",OF VIRGINIA, AT LARGE
FREDERICK COUNTY, To- wit:
The foregoing instrument was acknowledged before me this day
of „2014, by
NOTARY PUBLIC
My commission expires:
Commission number:
" K
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Mike Rudd
Rod Williams
Sdht: Thursday; DecemberD4, 20144.18 PM
Mike Ruddy
Subject: RE: CB Ventures. example proffer language
Atta.elhmlehts: CB, Ventures— proffer review to Montgomery 2014 12.pdf
Mike,
I am sending my, latest co'mrh6rit letter (aftaqhed)";6n this,., 'I did not necessaril y want to
'
,suggpst there all of the language, b . i If you WahtJofollow up.,withthom,. if they seemed open to that,
and sub
jelct,to my changes /comments, below, 1, have no problem with that,
Rod
ite,.E)evel o P m e nt.,
1.. Property Access;,
P'ropprt' s shall be., Vi 1" 1' b
y acces 8 n6w entrances shown on GDP from Relocated Aylor,Road, as
.approved byVDOT., Temporary access to the property may, in th'Ojnteri'm:, be via entrances on the,
portion-:of Aylort Road., a's,:a`pprov,ed by VDOT,, until .such time the tight of way for the future
Aylor Road realignment' improvement: project i's convomyed to the Go�mm6nwealth ef V2Fg*R'-a,
,constructed. This tempbr8iry,66-ce-s-si m a -- ctds�ith4� area identified right of way dedication.
ImPr6ijei ts,neces,sary,�to,�itilize-thp.tj now entrpnce& shown, on th,,e: ,GDP' after, the conveyance
, -' Men two
s'hall,b'etho re' pon'sibifify of the-Applicant.
- Clearly ,show neWeriffcirices on G'DP and label.
-fact access really changes upon
The tes� o, the that.We-acc
COMMENTS. e first-,chap'ge r6la
not ure it i fai
construction, notc'onveyance, ReAhe ital,1,6ized seht6neel,, I arn. n So r (or
perhaps it is Uncleaf — add "I-0,feth4l" to
Z Right of way;dedication. -
The Right of'May, for, the future Aylor Road ','RealighMeht'iMo-tOV6MOn'tl project: shown pn GDP shall
be conveyed for A ovoild Mi6nt" of - said road to the Corn rri hWeafth �6f Virginia df8writteh
y6d . p - : - I - 1 0 — - - , -, - - - - 9- 1 . - days
reoUestIecien 'either 'VD.'OTO-r.Feodetic'k-,Cocjnty,.A//' site development shall 'occur 6h� the 'area outside
of'th& 8re94dbvffiod', right wqy'dedication. The only'extepflon WIN js r
equirem Qnt.being,
thetemporary access identified in Proffer 1
Clearly y Kowlarea:6f-1 : ri' g ht, of way dedication on GOP and I'ab6l'.
COMMENTS- , - Aboutth, the italicized . sentence, I know that we try -to l do, this with 37, but I I think
that,W here*.,,ih6riB.'I-s,,.:actually a pfoffdrto, dedic7aW that effectively lithitst,the owner from
building i'n that area.:
3. Lighting.
.1
All I,ghtmg shall be building mounted Wal_I, packs or on poles and shall be, no higher than 20'. Lighting.
shall be °downcast ,and shielded to prevent glare and intrusion of light onto adjoining properties.
From- Mike Ruddy
Sent: Wednesday, November 19,; 2014 10:45,AM'�
To: Rod Williams
Subject: CB Ventures. example proffer language.
I offe "red to suggest language that may be clearer to'the Applicantto, help move this.project forward. What do you think?
Nike.
Michael, "T. Ruddy, AICP
!Deputy Director;
Frederick County Department of''P.lanning & De:vel'opment
1107 ° N.'Kent, Street,
Winchester,.VA 22'601
I(540)'665= :5651
;mruddygfcva us
*wwAva:us /planning
f
2
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