The URL can be used to link to this page

Home My WebLink About16-06 ApplicationJanuary 11, 2007 Mr. Evan Wyatt, AICP Greenway Engineering 151 Windy Hill Lane Winchester, VA 22602 RE: REZONING #16 -06, TASKER ROAD AND WARRIOR ROAD COMMERCIAL PINS 75- A -105A, 75- A -105B, 75- A -105C and 75- A -105D Dear Evan: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of January 10, 2007. The above referenced application was approved to revise the proffers associated with Rezoning #02 -98, Tasker Road and Warrior Road Commercial, for those parcels located at the southeast quadrant of the intersection of Tasker Road (Route 642) and Warrior Drive (Route 1141), and identified with Property identification Numbers 75- A -105A, 75- A -105B, 75- A -105C and 75- A -105D in the Opequon Magisterial District. The revised proffers include a change to the hours of operation restriction. Commercial businesses shall restrict their hours of operation by closing from 12 a.m. to 5 a.m. The proffer that was approved as a part of this rezoning application is unique to the above referenced properties and is binding regardless of ownership. The original proffers remain applicable to the balance of the property involved in Rezoning #02 -98 (PINS 75 -A -104 and 75-A-1 04E) and have not changed. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application. Sincerely, CO Department of Planning and Development 540/665 -5651 FAX: 540/665-6395 Michael T. Ruddy Deputy Planning Director MTR/bad Attachment cc: Bill M. Ewing, Board of Supervisors, Opequon District Roger Thomas and Rick Ours, Opequon District Planning Commissioners Jane Anderson, Real Estate Commissioner of Revenue Ervin Properties, LLC, 1830 Plaza Dr., Winchester, VA 22601 TreyBul Co., LC, 116 S. Stewart St., Winchester, VA 22601 H. N. Funkhouser Co., Inc., PO Box 2038, Winchester, VA 22604 JEM VII, LLC, PO Box 3538, Gastonia, NC 28054 Jasbo, Beverly Shoemaker, PO Box 480, Stephens City, VA 22655 107 North Kent Street, Suite 202 Winchester, Virginia 22601 -5000 This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Planning Commission: December 6, 2006 Board of Supervisors: January 10, 2007 North: RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: RP (Residential Performance) B2 (Business General) PROPOSED USES: Commercial development. REZONING APPLICATION #16 -06 TASKER ROAD AND WARRIOR ROAD COMMERCIAL Staff Report for the Board of Supervisors Prepared: January 3, 2007 Staff Contact: Michael T. Ruddy, AICP, Deputy Planning Director Use: Use: Use: Use: Action Approved for East Side of Warrior Drive Only Pending PROPOSAL: To revise the proffers associated with rezoning RZ #002 -98, Tasker Road and Warrior Road Commercial, as they pertain to the hours of operation on the commercial properties. The applicant has modified this request to apply only to those parcels located on the east side of Warrior Drive. LOCATION: The properties are located at the southeast quadrants of the intersection of Route 642, Tasker Road, and Route 1141, Warrior Drive. MAGISTERIAL DISTRICT: Opequon PROPERTY Ill NUMBERS: 75- A -105A, 75- A -105B, 75- A -105C, and 75- A -105D PROPERTY ZONING: B2 (Business General) PRESENT USE: Commercial and vacant. ADJOINING PROPERTY ZONING PRESENT USE: Residential Residential Residential Residential Vacant Rez #16 -06, Tasker Warrior Commercial Page 2 January 3, 2007 REVIEW EVALUATIONS: Planning Zoning: I) Site History In 1998, the Frederick County Board of Supervisors approved rezoning application RZ #002 -98, a request to rezone 35.6774 acres from RP (Residential Performance) to B2 (Business General) with proffers. The resulting commercial properties provided the commercial focal point for the Tasker Road Land Bays project. The properties subject to the original rezoning were 75 -A -104, 105, and 117. Rezoning #002 -98 contained various proffered conditions which are generally summarized as follows: Transportation improvements to offset impact of development. A traffic Impact study was to be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Drive Commercial site at the time of site plan review. Improvements will be constructed by the applicant as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. This proffer condition has been, and continues to be, implemented by the applicants. Restricted uses. The applicant will restrict the use of the property by not allowing the following uses. Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed). Hotels and motels Car washes Golf Driving Ranges and miniature golf courses Batting Cages Membership organizations Civic, social, and fraternal organizations Funeral homes and crematoriums Drive -in theaters Restricted hours of operations. The applicant shall restrict hours of operation by requiring businesses to be closed from 11:00 p.m. to 6:00 a.m. Monetary contribution to offset impact of development. The applicant will pay Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. Rez #16 -06, Tasker Warrior Commercial Page 3 January 3, 2007 This monetary contribution was paid on 5/4/06 by the property owner in conjunction with the development of the CVS Pharmacy. 2) Request to revise Proffers The applicant has submitted this current rezoning application to modify the proffers associated with original rezoning, particularly as it pertains to the hours of operation for the commercial properties. The property subject to the new rezoning is the same as the original rezoning. However, the parcel identification numbers are different due to subdivision of the parent tract. Further, the acreage is less. This is due to the dedication and construction of state road infrastructure including Warrior Drive, Lynn Drive, and the expansion of Tasker Road. The proposed revisions to the proffer statement contained in Rezoning 16 -06 are generally summarized as follows: Restricted Hours of Operations. The applicant shall restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. This is a modification from 11:00 p.m. to 6:00 a.m. as originally approved. The net result of the modified hours of operation would be to enable the commercial businesses to remain open for one additional hour in the evening and to open one hour earlier in the morning. It is anticipated that this will enable the commercial businesses a greater opportunity to serve the members of the community, while still maintaining a degree of sensitivity to the surrounding residential neighborhoods. All other proffers. The applicant has maintained the proffer addressing the transportation improvements provided in conjunction with the commercial development. It should be noted that since the original rezoning occurred, Warrior Drive has been completed through the property, and the intersection of Warrior Drive and Tasker Road has been signalized. Additional lane improvements at the noted intersection have been secured with adjacent rezoning applications and development. The restricted uses remain exactly the same as originally proffered. The applicant has eliminated the proffer which provides for a monetary contribution to offset impact of development to Fire and Rescue Services. As noted, the applicant made a payment in the amount of $6,545.97 to Frederick County for the Stephens City Fire and Rescue Company at the time the first building permit as applied for and issued. Specifically, it was paid on 5/4/06 by the property owner in conjunction with the development of the CVS Pharmacy. Each of the current landowners of property which was contained within the original rezoning approval are participating in this rezoning application and have executed the new proffer statement dated April 8, 2006 (revised October 17, 2006). Rez #16 -06, Tasker Warrior Commercial Page 4 January 3, 2007 STAFF CONCLUSIONS FOR 12/06/06 PLANNING COMMISSION MEETING: The subject properties are presently zoned B2 and the continued commercial development of the property remains consistent with the original rezoning application. The project maintains its consistency with the goals and policies of the Frederick County Comprehensive Plan. The proposed modifications would enable the commercial properties to operate for an additional hour in the evening and an additional hour in the morning. The modification of the proffer statement would not have a negative impact on the surrounding properties. PLANNING COMMISSION SUMMARY AND ACTION OF THE 12/06/06 MELTING: The applicant stated that H.N. Funkhouser, a recent purchaser of a portion of the property, will establish a Handi -Mart convenience store and Dunkin Doughnuts restaurant on the site, two facilities who generally co -brand together. and requests the ability to extend the hours of operation. The applicant stated that the Dunkin Doughnuts restaurant is a full- service breakfast facility and would like to open at 5:00 a.m. to serve commuters and the Handi -Mart is a convenience store and would like to stay open until midnight. Two residents of Autumn Glen came forward to speak in opposition to the extended hours of operation. The first citizen, a resident at 128 Spanish Oak Road and Vice President of the Autumn Glen Homeowners Association, was concerned that the uses and hours of operation permitted for the commercial property on the east side of Tasker Road would set a precedent for those facilities on the west side of Tasker Road He pointed out that 30 of the most recently developed homes on Spanish Oak Road are occupied by seniors, aging from 70 and plus. He said these residents are very sensitive to disturbance, such as "day light" lighting at night; noise from automobiles, delivery trucks, and trash pickup; and people congregating in parking areas. He was also concerned about the buffers bordering Lynn Drive, the 100 -block of Spanish Oak, and the cul -de -sac near Warrior Drive; he reported that the developer has knocked down numerous mature trees and the remaining spindly trees are unacceptable as noise and light barriers to their community. The other citizen, also a resident of Autumn Glen, was concerned about future grading plans adjoining his lot because the 50 -foot buffer behind him was basically a wetland; he was concerned that a structure could be built only 75 feet from his home; and he was concerned about the unsightly appearance of dumpsters, etc. that go along with food service establishments. Commissioners recognized that the residential development on the west side of Warrior Drive was a quiet, age- restricted community. They noted that the commercial area on this side was quite large and could easily accommodate a 24 -hour operation, such as a grocery store. Ways to protect the existing residents on the west side of Warrior Drive were discussed and a recommendation was made to approve the longer hours of operation for the commercial development on the east side of Warrior Drive, but prohibit longer hours of operation for the commercial development on the west side of Warrior Drive. Commissioners also discussed the lighting plans for both commercial areas with the staff and advised the applicant of the importance of sensitivity to the existing residents. Rez #16 -06, Tasker Warrior Commercial Page 5 January 3, 2007 A recommendation was unanimously approved to extend the hours of operation for the land bays on the east side of Warrior Drive, but to keep the existing proffers and hours of operation for the land bays on the west side of Warrior Drive. (Note: Commissioners Light, Morris, and Ours were absent from the meeting.) STAFF UPDATE FOR 01/10/07 BOARD OF SUPERVISORS MEETING: The Applicant has provided a revised Rezoning Application and Proffer Statement that seeks to address a primary concern identified by the Planning Commission. Specifically, the Applicant has modified this request to apply only to those parcels located on the east side of Warrior Drive. Parcels 75 -A -104 and 75- A -104E have been removed from consideration. As a result, the acreage of this request has also been reduced from 31.83 acres to 10.73 acres. In summary, the proposed modifications would enable the commercial properties on the east side of Warrior Drive to operate for an additional hour in the evening and an additional hour in the morning. The applicant is proposing to restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.m. 76 A.,106B 5 'A '105A. 75. CA 1050 76 A .1050 THE' '82 RP zoning OLD POMfNtON GREENS Frederick County VA Streets ti Primary Secondary Terciary 0 125 250 Rezoning REZ 16 06 Application Tasker Warrior Rd Parcel ID: 75 A 105A, 75 -A -1058, 75- A -105C, 75- A -105D Location in the County Map Features Application Zoning Co Lakes /Ponds 0 B1 (Business, Neighborhood District) Streams 0 B2 (Business, General District) O Buildings 0 B3 (Business, Industrial Transition District) O EM (Extractive Manufacturing District) O HE (Higher Education District) O M1 (Industrial, Light Dislricl) Cr. M2 (Industrial, General District) O midi (Mobile Home Community District) O MS (Medical Support District) O R4 (Residential, Planned Community District) O R5 (Residential Recreational Community District) RAZ (Rural Area Zone) RP (Residential Performance District) Location in Surrounding Area G QQ 3 I O AS gar iv TA n U OEw 9 cK FA Q O #4, m E' TOW E cit OLO oo MINION GREEN Pala 16r Dr Frederick County, VA Location in the County Ma Featur Applicati Long Range Land Use D Lakes/Ponds Rural Community Center C. Streams Residential O Buila'mgs Business Streets D tl Irial Primary Inslt tional conry 55` Reor tion Te da Hislor Mixetl Use Planned Unit Development Rezoning REZ 16 06 Application Tasker Warrior Rd Parcel ID: 75- A -105A, 75 -A -1058, 75- A -105C, 75- A -105D Location in Surrounding Area 125 250 5°Pe REZ 'TEL r s i x Aerial u k M b 0 r s.: FJ b-x 1 Y`'� 4 i .R'' a a c. �P a t l, i Frederick County, VA Rezoning R EZ 16 06 Application pP Tasker T t Warrior Rd 9 Parcel ID: 75 A -105A, 75 A -1056, 75 A 105C, 75 A 105D i citation in the Lount Y Map Features APPllcellan 6 Lakes/Ponds Streams Streets ti Pr S econ r tlary Tercia Po I y ft A 117* 5'r 0' D ire 321 If i0 "c- �lfr�` Yly ry s 1 1 5 a7 Aril �t�p ?bp e"'� .3/4 "r!' S• /lll x r e e�EO s' n u x t �;�ti. i� n v az 7 ,yy 4^} S f r y b M1 y� y4 h �r►A Y ti� Via. I -t'� t9 +t t1 *Fy* B j fI 1* T� k Y t {y Ira x jl W'.". x v e jt T ar, I i7" gyp iPW �,'lrysflff f Yrl r j-i1 y }r. t r r y, t e Ai mac r� 14 y g fi i Y f >j l T n 3 t3U @V�e -`�q.' f A't 47 L 1' ''y L+ 154� a f a a a '4 i ii, ♦t s z "iJ�' �M V !Lt i in. 1nFA f t ®IL44 n t41 0 j 1 A I 'U�``�` V,�PJ ma r a 14 �„„e 7 A 5 ®ma 4 Q a V Te Sit*. P Ple, i Ara p N.4 7/R� y 'q� �Sp l fix:+9 �r1 P f iv 4tn ARRIe C.E. l� 6 6 v( M �p i Ay t *Vit V 'fa 3 r t fi t :.F,� .f,F� itt k l =Y�y f 0 11 sv` i� Ik e rmoser r�s ?al S i 0' ,SPn ryr f v i Lik re ry t f tl >yvs- °�4c'iin R P C /.Sy Location In Surroun dln Area WS*`txiy do- 1 CS �A M A f� V j J r et% f` F ra, b �oE'�#, e,e R te�R MIRIDN GRr¢ !b •+TJC I L y 4 N ."4/ B 0 126 2fi0 pp 5 F I i i ee .e‘ cn d. y -e Q3 N TASKER ROAD WARRIOR ROAD COMMERCIAL PROPERTIES REZONING APPLICATION Tax Parcels #75- ((A)) -105A; 75- ((A)) -105B; 75- ((A)) -105C; and 75- ((A)) -105D Current Owner: Frederick County, Virginia Contact Person: Evan Wyatt, AICP Founded in 1871 Engineers Surveyors December 8, 2006 JEM VII, LLC; TREYBUL COMPANY; H.N. FUNKHOUSER, COMPANY; ERVIN PROPERTIES, LLC GREE AV EFdGIHEE 1RIG 151 Windy Hill Lane Winchesier. Virginia 22602 Telephone 540 -662 -4185 FAX 540 722 -9528 www.greenwaye ng.corn REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: (540) 662 -4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: JEM VII, LLC, H.N. Funkhouser Co., Treybul Company, LC and Ervin Properties, LLC being all of Tax Map Parcels 75- ((A)) -105D, 75- ((A))- 105C, 75- ((A)) -105B, and 75- ((A)) -105A and further described by Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008205 and Instrument Number 050008207. 3. Contact person if other than above Name: Evan Wyatt AICP Telephone: (540) 662 -4185 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid X X X Agency Comments Fees Impact Analysis Statement Proffer Statement X X PARCEL ID NUMBER USE ZONING 75- A -104E Commercial Unimproved B2 District 75 -A -117 Residential RP District 75M- 4- 3 Open Space RP District -141A 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: JEM VII, LLC, James E. Martin Treybul Company, LC, John C. Lewis H.N. Funkhouser, Co., Robert W. Claytor Ervin Properties, LLC, David A. Ervin 6. A) Current Use of the Property: Commercial Office B) Proposed Use of the Property: Commercial Office 7. Adjoining Property: 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The parcels comprising the Tasker Road and Warrior Road Commercial project are located in the southeast quadrant of this inetrsection (Route 642 and Route 1141). Acres Current Zoning Zoning Requested 10.73± B2 District B2 District 10.73± Total Acreage to be rezoned Magisterial: Fire Service: Rescue Service: Information to be Submitted for Capital Facilities Imnact Model 1 In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Tax Map Parcels 75- ((A)) -105A, 75- ((A)) -105B, 75- ((A)) -105C. and 75- ((A)) -105D Service Districts Shawnee Stephens City Stephens City 10. Zoning Change: List the acreage included in each new zoning category being requested. Note: Proffer Statement Modification District 11. The following information rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Non Residential Lots: N/A Mobile Home: N/A Office: Retail: Restaurant: N/A N/A N/A Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: High School: Sherando Middle School: Aylor Elementary School: Armel Only No Revisions To Existing Zoning should be provided according to the type of Multi- Family N/A Hotel Rooms: N/A N/A N/A N/A 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. 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 bet of my (our) knowledge. Applicant(s): U a L Date: }Z/ /o (u May 19, 1998 G. W. Clifford Associates, Inc. 200 N. Cameron Street Winchester, VA 22601 RE: REZONING APPLICATION #002 -98 OF TASKER ROAD AND WARRIOR ROAD COMMERCIAL; PIN's 75 -A- 104, 105 and 117 Dear Steve: FILE COPY COUNTY of FREDERICK Department of Planning and Development 540/665 -5651 FAX: 540 /678 -0682 This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of April 8, 1998. The Board approved your request to rezone 35.6774 acres, identified as PIN's 75 -A -104, 105 and 117, in the Opequon Magisterial District. The proffers that were approved as a part of this rezoning application are unique to this property and are binding regardless of ownership. Enclosed is a copy of the adopted proffer statement for your records. Please do not hesitate to contact this office if you have any questions regarding the approval of this rezoning application Sincerely, Evan A Wyatt Deputy Director EAW /cc Attachment cc: Robert Sager, Opequon District Supervisor Bowman Glaize Steve Melnikoff, VDOT Denny Linaburg, Fire Marshal OIAGENDAS\APPR DEN.LTRITSKAWARR.REZ 107 North Kent Street Winchester, Virginia 22601 -5000 REZONING REQUEST PROFFER Property Identification Numbers 75- ((A))- 104,105 107 Opequon Magisterial District JASBO, INC., FRED L. GLAIZE, III, FREDERICK DEVELOPMENT, INC. JAMES I.,BOWMAN "Tasker Road and Warrior Road Commercial" Preliminary Matters Pursuant to Section 15.2 2296 et. seq. of the code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned applicant hereby proffers that in the event the Board of Supervisors of Frederick County, Virginia, shall approve Rezoning Application #002 -98 for the rezoning of 35.6774 acres from Residential Performance (RP) Zoning District to the Business General (B -2) Zoning District, development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the applicant and such be approved by the Frederick County Board of Supervisors in accordance with Virginia law. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and of no effect whatsoever. These proffers shall be binding upon the applicant and their legal successor or assigns. Transportation Improvements to Offset Impact of Development A traffic impact study will be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Road Commercial site at the time of site plan review. Improvements will be constructed by the undersigned as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. Restricted Uses The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon. Magisterial District of Frederick County, Virginia from RP to B -2, the undersigned will restrict the use of the property by not allowing the following uses: REZONING REQUEST PROFFER Property Identification Number 75 -((A)) -104, 105 107 "Tasker Road and Warrior Road Commercial Page 2 Automotive dealers Gasoline service stations (pumps at convenience stores are allowed) Hotels and motels Car washes Golf driving ranges and miniture golf courses Batting cages Membership organizations Civic, Social and fraternal organizations Funeral homes crematoriums Drive -in theaters Restricted Hours of Operation The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B -2, the undersigned shall restrict hours of operation by requiring businesses to be closed from 11:00 p.m. to 6:00 a.m. Parcels to be Rezoned 5-2 The undersigned, who owns the above described property, hereby voluntarily proffers that if the Board of Supervisors for Frederick County, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Road in the Opequon Magisterial District of Frederick County, Virginia from RP to B -2, the undersigned reduces the rezoning request by eliminating parcel 1 as shown on the attached plan entitled "Tasker Road Warrior Road" dated 2/10/98 by Gilbert W. Clifford Associates. Monetary Contribution to Offset Impact of Development The undersigned, who owns the above described property hereby voluntarily proffers that if the Board of Supervisors for the County of Frederick, Virginia approves the rezoning of 35.6774 acres, lying along Tasker Drive in the Opequon Magisterial District of Frederick County, Virginia from RP to B -2, the undersigned will pay to Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. REZONING REQUEST PRO}rttt Property Identification Number 75 -((A)) -104, 105 107 "Tasker Road and Warrior Road Commercial Page 3 The conditions proffered above shall be binding upon the heirs, executors, administrators, assigns and successors in interest of the Applicant and Owner. In the event the Frederick County Board of Supervisors grant said rezoning and accepts these conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code. Respectfully submitted, PRO By: Jasb• Inc., James L. Bowman, By: t Fred L. Glaize, III Date: S/4/9b' Pres dent Date: r 7x- STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit The foregoing instrument was acknowledged before me this 4 day of 1 Yl ck,, ,1998, by sjan-cs L br,..CCr -NCI% 1 c >.d.nr, \gtbn Z, My Commissioonecpires 3 t 2� oc Notary Public (in to F, f 1 1 ahk Q STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit The foregoing instrument was acknowledged before me this S day of t r 1 a.e.� 1998, J My Commission expires 31 7 e:r.0 Notary Public By: REZONING REQUEST PROFFER Property Identification Number 75 -((A)) -104, 105 107 'Tacker Road and Warrior Road Commercial Page 4 By: Date: 5 4I4 Ja L. Bowman C 7- Frederick Development Co., Inc. Fred L. Glaize, III, Vice President STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit The foregoing instrument was acknowledged before me this 4 day of W n My Commission expires 200 Notary Public t Date: .T /,T, (Y) forJa5h Inc ,1998, STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit The foregoing instrument was acknowledged before me this 5 day of n ,1998, by ��(er t. �0k0. \nZc 1L_ \I1cc I CS\der Development, Inc. My Commission expires 3 3 i (se c No+ary Public e 3cJ Co 'p.c. for Frederick wart"( fi 4!Z. BOUNDARY INFORMATION SHOWN HEREON IS EITHER TAKEN FROM OR BASED UPON PLATS OF RECORD IN DEED BOOK 609 AT PAGE 525, HIGHWAY PLAT BOOK 9 AT PAGES 328 THRU 337, AND IN UNRECORDED PLAT OF SURVEY DATED MAY 14,1996 BY MARSH LEGGE, PLC AND YET UNRECORDED SUBDIVISION PLAT OF MOSBY STATION II- SECTION B, DATED APRIL 4,1997 BY GILBERT W. CLIFFORD ASSOC.,INC. ,SUMMARY ARFA (1F PAP('F1 PARCEL 1 2.5205 ACRES PARCEL 2 4.5040 ACRES PARCEL 3 13.0277 ACRES PARCEL 4 0.3818 ACRES PARCEL 5 17.5830 ACRES TOTAL 38.1970 ACRES 381979 ACRES REQUESTED 108E REZONED FROM RESTENRH (RP) 10 CWMEROAL (3 -2) 1 iF t1/4 err/ *7 fr all as s al, Legend Subject Parcels Parcel Boundaries Zoning 41/ OP UF CI RO MNE Y P 82 (Business, General District) RA (Rural Areas District) e RP (Residential Performance District) 9 0 i Cr Q Lu ,Y s A J 2:11.1164" 111 al v jr 3 EgNE Cr F. �P PP'OP °Q 0 t 41114! III// L UCY sync erIc kE RD AS 2 R a B AYBERRY CT LONG CT a te F P STEPHENS CITY i Act m N o P 74 Si CEDAR MOUNTAIN DR 9' 1 i 4 s srp <so G *4 4 0 o DOR MS FORO D g' got mea 11 �w FISHERS HILL CT TALAM 0 U a MACEDONIA'CHURCH RD y Subject Parcels OVERVEW I R E OR A R T, S F9 9 r az Map Data Source: Frederick County, Va. GIS Department, 2006 Data `qUq 500 250 0 Feet 500 1,000 (q NO 04, b 1 `V �y 0 Q cc U H z O U U 1 w 0 w Q u T w w 0 m z 0 co 0 H M. L Subject Parcels Parcel Boundaries M t11C 1 v v This report is prepared by the Frederick County Planning Staff to provide information to the Planning Commission and the Board of Supervisors to assist them in making a decision on this application. It may also be useful to others interested in this zoning matter. Unresolved issues concerning this application are noted by staff where relevant throughout this staff report. Reviewed Action Planning Commission: December 6, 2006 Pending Board of Supervisors: January 10, 2007 Pending PROPOSAL: To revise the proffers associated with rezoning RZ #002 -98, Tasker Road and Warrior Road Commercial, as they pertain to the hours of operation on the commercial properties. LOCATION: The properties are located at the northwest, southwest and southeast quadrants of the intersection of Route 642, Tasker Road, and Route 1141, Warrior Drive. MAGISTERIAL DISTRICT: Shawnee and Opequon PROPERTY ID NUMBERS: 75-A-104. 75-A-104E. 75-A-105A. 75- A -I05B. 75- A -1O5C. and 75 -A- 105D PROPERTY ZONING: B2 (Business General) PRESENT USE: Commercial and vacant. ADJOINING PROPERTY ZONING PRESENT USE: North: RP (Residential Performance) South: RP (Residential Performance) East: RP (Residential Performance) West: RP (Residential Performance) PROPOSED USES: Commercial development. REZONING APPLICATION #16 -06 TASKER ROAD AND WARRIOR ROAD COMMERCIAL Staff Report for the Planning Commission Prepared: November 17, 2006 Staff Contact: Michael T. Ruddy, AICP. Deputy Planning Director Use: Residential Use: Residential Use: Residential Use: Residential Rez #16 -06, Tasker Warrior Commercial Page 2 November 17, 2006 REVIEW EVALUATIONS: Planning Zoning: 1) Site History In 1998, the Frederick County Board of Supervisors approved rezoning application RZ #002 -98, a request to rezone 35.6774 acres from RP (Residential Performance) to B2 (Business General) with proffers. The resulting commercial properties provided the commercial focal point for the Tasker Road Land Bays project. The properties subject to the original rezoning were 75 -A -104, 105, and 1 17. Rezoning #002 -98 contained various proffered conditions which are generally summarized as follows: Transportation improvements to offset impact of development. A traffic Impact study was to be conducted using VDOT procedures for each site development use proposed within the Tasker Road and Warrior Drive Commercial site at the time of site plan review. Improvements will be constructed by the applicant as required by VDOT regulations for the predicted traffic impacts based upon the specific use proposed. This proffer condition has been, and continues to be, implemented by the applicants. Restricted uses. The applicant will restrict the use of the property by not allowing the following uses. Automotive Dealers Gasoline Service Stations (pumps at convenience stores are allowed). Hotels and motels Car washes Golf Driving Ranges and miniature golf courses Batting Cages Membership organizations Civic, social, and fraternal organizations Funeral homes and crematoriums Drive -in theaters Restricted hours of operations. The applicant shall restrict hours of operation by requiring businesses to be closed from 1 1:00 p.m. to 6:00 a.m. Monetary contribution to offset impact of development. The applicant will pay Frederick County for the Stephens City Fire and Rescue Company the sum of $6,545.97 at the time the first building permit is applied for and issued. Rez #16-06, Tasker Warrior Commercial Page 3 November 17, 2006 This monetary contribution was paid on 5/4/06 by the property owner in conjunction with the development of the CVS Pharmacy. 2) Request to revise Proffers The applicant has submitted this current rezoning application to modify the proffers associated with original rezoning, particularly as it pertains to the hours of operation for the commercial properties. The property subject to the new rezoning is the same as the original rezoning. However, the parcel identification numbers are different due to subdivision of the parent tract. Further, the acreage is less. This is due to the dedication and construction of state road infrastructure including Warrior Drive, Lynn Drive, and the expansion of Tasker Road. The proposed revisions to the proffer statement contained in Rezoning 416 -06 are generally summarized as follows: Restricted Hours of Operations. The applicant shall restrict hours of operation by requiring businesses to be closed from 12:00 a.m. to 5:00 a.ni. This is a modification from 1 1:00 p.ni. to 6:00 a.m. as originally approved. The net result of the modified hours of operation would be to enable the commercial businesses to remain open for one additional hour in the evening and to open one hour earlier in the morning. It is anticipated that this will enable the commercial businesses a greater opportunity to serve the members of the community, while still maintaining a degree of sensitivity to the surrounding residential neighborhoods. All other proffers. The applicant has maintained the proffer addressing the transportation improvements provided in conjunction with the commercial development. It should be noted that since the original rezoning occurred, Warrior Drive has been completed through the property, and the intersection of Warrior Drive and Tasker Road has been signalized. Additional lane improvements at the noted intersection have been secured with adjacent rezoning applications and development. The restricted uses remain exactly the same as originally proffered. The applicant has eliminated the proffer which provides for a monetary contribution to offset impact of development to Fire and Rescue Services. As noted, the applicant made a payment in the amount of $6,545.97 to Frederick County for the Stephens City Fire and Rescue Company at the time the first building permit was applied for and issued. Specifically, it was paid on 5/4/06 by the property owner in conjunction with the development of the CVS Pharmacy. Each of the current landowners of property which was contained within the original rezoning approval are participating in this rezoning application and have executed the new proffer statement dated April 8, 2006 (revised October 17, 2006). Rez #16 -06. Tasker Warrior Commercial Page 4 November 17, 2006 STAFF CONCLUSIONS FOR 12/06106 PLANNING COMMISSION MEETING: The subject properties are presently zoned B2 and the continued commercial development of the property remains consistent with the original rezoning application. The project maintains its consistency with the goals and policies of the Frederick County Comprehensive Plan. The proposed modifications would enable the commercial properties to operate for an additional hour in the evening and an additional hour in the morning. The modification of the proffer statement would not have a negative impact on the surrounding properties. Following the requirement for a public hearing, a recommendation by the Planning Commission to the Board of Supervisors concerning this rezoning application would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Planning Commission. Founded in 1971 GREENWAY ENGINEERING 151 Windy Hill lane Winchester, Virginia 22602 September 15, 2006 Frederick County Planning Department Attn: Mike Ruddy, Deputy Director 107 North Kent Street Winchester, VA 22601 RE: 'I'asher Road and \Varrior Road Commercial Proffer Revision Dear Mike: Please find attached information pertaining to a conditional rezoning modification request for the Tasker Road and \Varrior Road Commercial project located in the northwest, southwest and southeast quadrants of this intersection, and identified as Tax Parcels 75 -((A)) -104; 75- ((A))- 10411; 75- ((A)) -105A; 75- ((A))- 1051; 75- ((A)) -105C; and 75- ((A)) -105D. The Frederick County Board of Supervisors approved Rezoning Application #002 -98 with proffers on April 8, 1998 for this project. These proffers established transportation improvements, land use restrictions, hours of operation and monetary contributions for this project. The proposed modifications to this proffer statement pertain to the current hours of operation, which restrict operations between 11:00 p.m. and 6:00 a.m. The Applicants desire to change these hours of operation to restrict the hours of operation between 12:00 a.m. and 5:00 a.m. The purpose ef fit is revision is to provide better service to the residents within this area of the County, particularly for the commuting residents. Additionally, the proffer statement has been revised to eliminate the monetary contribution for fire and rescue services, which was paid to Frederick County in May 2006. Please review this information and provide me with comments from your department and the County Attorney at your earliest possible convenience. Greenway Engineering will submit the final rezoning application, the special limited power of attorney documents, the signed proffer statement and the 53,000.00 rezoning application review fee once these comments have been received. Please contact me if you have any questions or if you need any additional information at this time. Sincerely, E 3 van ANSatt. AICP Greenwav Eneinecri1 e Cc: Ken Rice Tasker Road and \Va Proffer Statement Re Nngineers Surveyors Road Conuneiui€dephone 540- 662 -4185 FAX 540-722-9528 t$806 /EA \1' www.greemsaycng.com 0°13' REZONING APPLICATION FORM FREDERICK COUNTY, VIRGINIA The following information shall be provided by the applicant: All parcel identification numbers, deed book and page numbers may be obtained from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Winchester. 1. Applicant: Name: Greenway Engineering Telephone: (540) 662 -4185 Address: 151 Windy Hill Lane Winchester, VA 22602 2. Property Owner (if different from above) Name: Jasbo, Inc., JEM VII, LLC H.N. Funkhouser Co., Treybul Company, LC and Ervin Properties, LLC being all of Tax Map Parcels 75- ((A))- 104,_754(A))404E, 75z((A))- .105D, 75- ((A)) -105C, 75- ((A)) -105B and 75- ((A)) -105A and further described 1�Deed Book 634 Page 499, Deed Book 922 Page 875, Instrument Number 050015374, Instrument Number 050023431, Instrument Number 050008205 and Instrument Number 050008207. 3. Contact person if other than above Name: Evan Wyatt, AICP Telephone: (540) 662 -4185 4. Checklist: Check the following items that have been included with this application. Location map Plat Deed to Property Verification of taxes paid X X X Agency Comments Fees Impact Analysis Statement Proffer Statement NOV 6 2006 PARCEL ID NUMBER USE ZONING 75 -A -102 Residential RA District 75 -A -103 Residential RA District 75 -A -117 Residential RP District 75D 4 4 109 Residential RP District 75D -4 -4 -110 Residential RP District 75D -4 -4 -111 Residential RP District 75D- 4- 4 -137A Open Space RP District 75L- 3 -1 -1A Residential RP District 75L- 3 -1 -8A Residential RP District 75L- 3 -1 -8B Residential RP District 75L- 3 -1 -8C Residential RP District 75L- 3 -1 -9A Residential RP District 75L- 3 -1 -9B Residential RP District 75L- 3 -2 -6C Residential RP District 75L- 3 -3 -77A Open Space RP District 75M- 4- 3 -I41A Open Space RP District 7. Adjoining Property: 5. The Code of Virginia allows us to request full disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: Jasbo, Inc., Beverley 13. Shoemaker JEM VII, LLC, James E. Martin Treybul Company LC John C._Lewis___ H.N. Funkhouser, Co., Robert W. Clavier Ervin Properties, LLC, David A. Ervin 6. A) Current Use of the Property: Commercial Office B) Proposed Use of the Property: Commercial Office 8. Location: The property is located at (give exact located based on nearest road and distance from nearest intersection, using road names and route number): The parcels comprising the Tasker Road and Warrior Road Commercial project are located in the northwest, southwest and southeast quadrants of this inetrsection (Route 642 and Route 1141). Acres Current Zoning Zoning Requested 31.83± B2 District B2 District 31.83± Total Acreage to be rezoned Information to be Submitted for Capital Facilities Impact Model In order for the Planning Staff to use its capital facilities impact model, it is necessary for the applicant to provide information concerning the specifics of the proposed use. Otherwise, the planning staff will use the maximum possible density or intensity scenario for the proposed Zoning District as described on Page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number Tax Map Parcels 75 -((A)) -104, 75- ((A)) -104E 75- ((A)) -105D, 75- ((A)) -105C 75- ((A))- 105B, and 75- ((A)) -105A Magisterial: Fire Service: Rescue Service: Office: Retail: Restaurant: Shawnee Opequon Stephens City Stephens City Note: Proffer Statement Modification District 11. The following information rezoning proposed: Number of Units Proposed Single Family homes: N/A Townhome: N/A Non Residential Lots: N/A Mobile Home: N/A N/A N/A N/A Service Districts High School: Middle School: Elementary School: Sherando Aylor Armel 10. Zoning Change: List the acreage included in each new zoning category being requested. Only No Revisions To Existing Zoning should be provided according to the type of Square Footage of Proposed Uses Service Station: Manufacturing: Warehouse: Multi- Family N/A Hotel Rooms: N/A N/A N/A N/A NQP vYJ= E sfd'1 12. Signature: I (we), the undersigned, do hereby respectfully make application and petition the Frederick County Board of Supervisors to amend the zoning ordinance and to change the zoning map of Frederick County, Virginia. 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 bet of my (our) knowledge. Applicant(s): Date: I I' (aloe, NOT CURRENT Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540 -665 -5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Jasbo, Inc. Deed Book No. 634 on Page 499, Deed Book No. 922 on Page 875, and is described as Parcel: 75 Lot: 104 Block: A Section: Subdivision: Parcel: 75 Lot: 104E Block: A Section: Subdivision: do hereby make, constitute and appoint: Notary Public Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us (Phone) (540) 869 -1800 (Address) PO Box 480 Stephens City. VA 22655 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us). by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by (Name) Greenway Engineering (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane. Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority 1 (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or In witness witness thereof, 1 (we) have hereto set my (our) hand and seal this day of L• 200 6 -S gnature(s) V 1 11 6 44 9 CAne) State of Cit) ottt'e d o -wit: I, L MCIisa, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me. personally appeared before me and has ackpgwledged the same before me in the jurisdiction aforesaid this I day of CC; 200 (.0 My Commission Expires: tekz_n ;t,( ZOOS Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540 -665 -6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540- 665 -6395 Know All Men By These Presents: That I (We) (Name) JEM VII, LLC (Address) PO Box 3538, Gastonia, NC 28054 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050015374 on Page and is described as Parcel: 75 Lot: 105D Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662 -4185 Notary Puhlic (Phone) (704) 867 -4628 (Address) 151 Windy Hill Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Z Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) have hereto set my (our) hand and seal this Zo 'day of n 200 L, Signature(s) State of ViiLume; City /County ofGf6TCNTo -wit: I, a (7Pw" a Notary Puhlic in and for the jurisdiction aforesaid, certify that the person(s) who -signed to,the foregoing instrument and who I (are) known to me, personally appeared betore me and has acknowledged the same before me in the jurisdiction aforesaid thisao day of QC 20014 My Commission Expires: _k__'___ Know All Men By These Presents: That I (We) (Name) H.N. Funkhouser Co., Inc. (Phone) (540) 662 -9000 (Address) PO Box 2038, Winchester, VA 22604 the owner(s) of all those tracts or parcels of land "Property conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050023431 on Page and is described as Parcel: 75 Lot: 105C Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane. Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name. place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (wed have her to set my (our) hand and seal this 9 day of ar, 200 4 Signature(s) Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22691 Phone 540 -665 -5651 Facsimile 540 -665 -6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540 665 -5651 Facsimile 540-665-6395 Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us S`t Virginia, City /County of To -wit: a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who ed to the foijgoing instrument and who I (are) known to me, personally appeared before me and has owledged the sa h fore me in the jurisdiction aforesaid this q day of at. 2001, My Commission Expires: t Know All Men By These Presents: That I (We) (Name) TREYBULCOMPANY. LC Signature(s) Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540-665-6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 -665 -6395 (Address) 116 South Stewart Street. Winchester. VA 22601 the owner(s) of all those tracts or parcels of land ("Property conveyed to me (us). by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia. by Instrument No. 050008205 on Page and is described as Parcel: 75 Lot: 10513 Block: A Section: Subdivision: (Phone) (540) 662 -5792 do hereby make. constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662 -4185 (Address) 151 Windy Hill Lane. Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: Lc.,9 w1.<5 This authorization shall expire one year from the day it is signed. or until it is otherwise rescinded or modified. In witness thereof, I have) -t set my (our) hand and seal this v7 7 day oferf 200 Ce State of Virginia, City /County of To -wit: F V16, a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who I (are) known to me, personally appeared before me and has ac owled'er the same before me in the jurisdiction aforesaid this _1 day of Oc.4' 200 A ry Public 1 My Commission Expires: le 3/ -0 7 Know All Men By These Presents: That I (We) (Name) Ervin Properties, LLC mar). Special Limited Power of Attorney County of Frederick, Virginia Frederick Planning Web Site: www.co.frederick.va.us Department of Planning Development, County of Frederick, Virginia, 107 North Kent Street, Suite 202 Winchester, Virginia 22601 Phone 540- 665 -5651 Facsimile 540 -665 -6395 Planning office, County of Frederick, Virginia, 107 Kent Street, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540- 665 -6395 (Address) 1830 Plaza Drive, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land "Property') conveyed to me (us), by deed recorded in the Clerk's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 050008207 on Pa "e and is described as Parcel: 75 Lot: 105A Block: A Section: Subdivision: do hereby make, constitute and appoint: (Name) Greenway Engineering (Phone) (540) 662 -4185 This authorization shall expire one year from the day it is signed, or until it is otherwise rescinded or modified. In witness thereof, I (we) hav and seal this ?00 day of OS- 200 Q', Signature(s) (Address) 151 Windy Hill Lane. Winchester VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with full power and authority I (we) would have if acting personally to file planning application for my (our) above described Property, including: Rezoning (Including proffers) Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision Site Plan Comprehensive Policy Plan Amendment My attorney -in -fact shall have the authority to offer proffered conditions and to make amendments to previously approved proffered conditions except as follows: lit mats (Phone) (540) 722 -9799 e State of Virginia, City /County of To -wit: a Notary Public in and for the jurisdiction aforesaid. certify that the person(s) who signed tothe,foreioing instrument and who I (are) known to me, personally appeared before me and has acknowledged the =same before me in the jurisdiction aforesaid this 30 ot(1t 200 L My Commission Expires: C� b TASKER ROAD WARRIOR ROAD COMMERCIAL PROPERTIES Current Owner: REZONING APPLICATION Frederick County, Virginia Tax Parcels #75- ((A)) -105A; 75- ((A)) -105B; 75- ((A)) -105C; and 75- ((A)) -105D Contact Person: Evan Wyatt, AICP Founded io 7091 Engineers Surveyors December 8, 2006 JEM VII, LLC; TREYBUL COMPANY; H.N. FUNKHOUSER, COMPANY; ERVIN PROPERTIES, LLC G EELMWAV ENGIf lEEIO G 151 Windy Hill Lane WinchesLer, Virginia 22602 Telephone 540- 662 -4185 FAX 540- 722 -9528 www.green wayeng.co rn ,III LA URet, Irt /N^ O FM m O 4 mai a a a Aving A \F Aa J R T 0 0 n e• Legend Subject Parcels Parcel Boundaries A C 111 L /p F 41 s v O R 02 ti s u F F O LK CI ROMNEY r- 6 R Zoning B2 (Business, General District) RA (Rural Areas District) RP (Residential Performance District) ►1®■ s P O J' O ws7' N/. a C 0 0 B AYBERRY 4 T s 0 Fv, R NE e �o o 44 Rq (CkeURN FDRDO LUCY.LONG CT CEDAR MOUNTAIN DR J STEPHENS CITY I O J O y/ 141.1;, U MACOR EDONIA'C RD U olc D: 0 0 z Q TALAM Vir r I I F- U c x T allearapter a 111 FISHERS HILL. CT o Subject Parcels I i Q w 0 m 0 w Z 0 0) w 0 co 4 P 0 Feet 500 250 0 500 1,000 °I/;.13 PBESTV E icL k \'V TASKER RD 1 OVERVIEW I a z (5 CC F Z 0 U U Lu w 0 w 1 Il 0 •r f y. t ti 0a 11 Map Data Source: Frederick County, Va. GIS Department, 2006 Data ,�'A4UR 4 �q.�Rlr• q j Fdy:h c To.. Jfat P, i t s Tt t.Y''s n'• 1 f (•.;,n N ).t, 7 -V. t-a C J v 2 t 7. P -e55 d Subject Parcels Parcel Boundaries CO 0 0 w w 0 0- L th 0 N w Q O ltl y r .r t t t ,n n eq ri ='7a rGc3ssj 0 k,t s *+r p e CP s e e g Subject Parcels Parcel Boundaries Feet 500 250 0 500 1,000 Z_ cc 1 F Z 0 U 0 Q W 0 w u LL W 0 O 0 w Z w 0 o d 1- 0 w O a m O 0 0 N 0 0 N 4 O wrq Ales a IAS• e„„ *41P At MI Zoning O T 9 0 Legend Subject Parcels Parcel Boundaries C Tj M" 44 1 0. FRy 41 0 SUFFO1-1( CIR B2 (Business, General District) RA (Rural Areas District) RP (Residential Performance District) J z I NN r Q eCiN alr• st 1 1 :a or I law* n out As% p uu� Ast) s AYB ERRKCT SA 0 SIN li ft% 4 9 1 CEDAR MOUNTA DR 44 0 *es e� e`gq F Dq oq S STEPHENS CITY gals 1 n A' 3,1, 1� ERS h 0? O FISH rn HILL CT Subject Parcels 4� A SKER R s F9 90 EEO az cc 0 c c w ob cc cn 2 0 z 0 0 J 5 A 500 250 0 Feet 500 1,000 np °II:A.4, p )1IL CKLH 9 St MS 41110P ALAMDRE on\ f 2 N D 41 111P e a J o i 1 1 1 ye PP oe2 1 UP II s,,H !Dm t a MACEDON IA�CHURC LUCY -LONG C7 �4Q y I I i��1 o i m air 44, 0 T C I OVERVIEW I J Q 0 cc w 2 0 0 0 cc H z 0 0 0 z C7 0 w O 0 m 0 w z 0 In w 0 U 0 CC w 0 w CC w ,cEDAR MOUNTAIN DR TA SKEFp 1:4 et Legend 'Subject Parcels -e Al 7 Pir 7 a r :fri•WACIr l icW&Y" ".10PX!,',NaLIE r" 5,r,]-44?;1 Aerial Overview