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HomeMy WebLinkAbout002-08 Groves Harley-Davidson - Shawnee - 0.2934 Acres RA to B2 - Backfile4. 0 Y m acd N u O Ir o Q O N N V to i >~ N U U I'D • • AMT. OF CASH ACCOUNT AMT. PAID 3V 3 CHECK BALANCE MONEY DUE ORDER BY jy) Q+- l iob jo 0 REZONING TRACKING SHEET Check List: Application Form �- Proffer Statement Impact Analysis Adjoiner List Fee & Sign Deposit r� Deed Plat/Survey Taxes Paid Statement Impact Model Run DATE /D 0 Application received/file opened �j o ° Reference manual updated/number assigned / o p D-base updated (o O Copy of adjoiner list given to staff member for verification Four sets of adjoiner labels ordered from data processing Color location maps ordered from Mapping l C 00 File given to office manager to update Application Action Summary yA d PC public hearing date ACTION: �, 4 �� : BOS public hearing date ACTION61 Signed copy of resolution for amendment of ordinance, with conditions proffered [if applicable], received from County Administrator's office and given to office manager for placement in the Proffers Notebook. (Note: If rezoning has no proffers, resolution goes in Amendments Without Proffers Notebook.) S 0 Action letter mailed to applicant (� (� Reference manual and D-base updated - o, File given to office manager to update Application Action Summary (final action) J G File given to Mapping/CIS to update zoning map 0b Zoning map amended U \13evTommon\Tracking sheets\REZ_tracking.,vpd Revised. 05/09/02 cn 1 COU of FRMUICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 May 15, 2008 Mr. Joe Knechtel Potesta & Associates, Inc. 508 Front Royal Pike Winchester, VA 22602 RE: REZONING #02-08, GROVE'S WINCHESTER HARLEY-DAVIDSON Dear Joe: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of May 14, 2008. The above -referenced application was approved to rezone 0.2934 acres from the RA (Rural Areas) District to B2 (Business General) District, with proffers, to acconunodate a parking lot expansion. The property is located at the corner of Independence Drive (Route 1092) and Millwood Pike (Route 50), in the Shawnee Magisterial District, and is identified with Property Identification Number 64-A-159T. The proffer dated January 9, 2008 that was approved as a part of this rezoning application is unique to this property and is 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, Candice E. Perkins, AICP Senior Planner CEP/bad Attachment cc: Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue Jobalie, LLC, 1038 Meth Place, Winchester, VA 22601 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 REZONING APPLICATION 402-08 GROVE'S WINCHESTER HARLEY-DAVIDSON Staff Report for the Board of Supervisors Prepared: May 5, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner 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: 04/02/08 Recommended Approval Board of Supervisors: 05/14/08 Pending PROPOSAL: To rezone 0.2934 acres from the RA (Rural Areas) District to the B2 (Business General) District with proffers to acconunodate a parking lot expansion. LOCATION: The property is located at the corner of Independence Drive (Route 1092) and Millwood Pike (Route 50). GISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-159T PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Commercial and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Vacant South: B2 (Business General) Use: Commercial and Vacant East: Route 50 Use: N/A M1 (Light Industrial) Use: Industrial West: B2 (Business General) Use: Vacant RA (Rural Areas) Use: Vacant PROPOSED USES: Parking for the existing Harley Davidson Facility Rezoning #02-08 — Grove's Winchester Hadev-Davidson May 5, 2008 Page 2 REVIEW EVALUATIONS: Public Works: We have no comments related to the proposed rezoning. Frederick County Attorney: I have reviewed the proposed proffer statement for this matter and have the following comments: The rezoning map on the GIS internet system shows that the parcel is already zoned B3. I am assuming that a portion of the parcel may be so zoned but that the remainder must be RA and that the GIS system j ust does not show that. Please let me know if the explanation is otherwise. The GIS system also shows the size of the entire parcel to by 6.29 acres and not 8.28 acres as indicated in the proposed proffer statement (the Commissioner of the Revenue's system shows 8.29 acres). The heading information in the proposed proffer statement also states that the area to be rezoned is 0.2934 acres, but the response in item 9 of the application form states that the proposed use will be a parking lot of approximately 77,000 square feet (greater than 1.5 acres). Is the rest of the proposed parking lot on a portion of the entire parcel which is already zoned to permit the lot? If so, it would be helpful if the application so stated that fact. If not, an explanation of the discrepancy is needed. The applicant will need to submit a plat showing the specific location of the area to be rezoned. Subject to the above comments, the proposed proffer statement is otherwise acceptable. I offer here some further comments, concerning the rezoning application form itself, although I recognize that the applicant may already by planning on addressing these matters: The applicant will need to identify all of its stockholders (or other owners of interest in the LLC, however titled), officers, and directors (or, in the case of an LLC, if so titled, managers of the LLC). Ms. Grove will also need to state the capacity (title) in which she is acting for Jobalie, LLC. Staff Note: The revised proffers dated January 9, 2008 have addressed the County Attorney Continents. Planning Department: Planning & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject area as being zoned M 1 (Light Industrial) and A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The M 1 zoning on this site was changed to B2 (Business General) with Rezoning 4 33-87 which was approved by the Board of Supervisors on October 14, 1987. Originally parcel 64-A-159T , consisted of 6.28 acres and on November 7, 2007 a boundary line adjustment was approved which added 1.17 acres of land from parcel 64-A-159E which was already zoned B2 and also added .2934 acres of land from parcel 64-A-159 which was zoned RA. Rezoning #02-08 — Grove's Winchester Harley-Davidson May 5, 2008 Page 3 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the community's guide for making decisions regarding development, preservation, public facilities and other key components of conununity life. The primary goal of this plan is to protect and improve the living enviromnent within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] Land Use This site is covered by the Frederick County Easter Long Range Land Use Plan of the Comprehensive Policy Plan and is identified for commercial uses. This rezoning request is proposing B2 Zoning and is therefore consistent with the Comprehensive Policy Plan. Site Access The site will be accessed off of the existing entrance into Independence Drive for the Grove's Harley Davidson. 3) Proffer Statement - Dated January 9, 2008 • The use of the .2934 acres shall be limited to off street parking. • Access to the .2934 acres shall be via the existing Harley Davidson entrance on Independence Drive. PLANNING COMMISSION SUMMARY AND ACTION OF THE 04/02/08 MEETING: No one came forward to speak during the public continent portion of the hearing. Other than some clarification on the acreage, no questions or issues were raised by the Planning Conunission. The Commission unanimously recommended approval of the rezoning with the proffers offered to acconunodate a parking expansion. (Note: Commissioners Triplett and Kriz were absent from the meeting.) STAFF CONCLUSIONS FOR 04/23/08 BOARD OF SUPERVISORS MEETING: This is an application to rezone .2934 acres from the RA (Rural Areas) District to the B2 (Business General) District with proffers to accommodate a proposed parking lot expansion for the existing Harley Davidson Facility. The land use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and has addressed all of staff s concerns. Following the required public hearing, a decision regarding this rezoning application by the Board of Supervisors would be appropriate. The applicant should be prepared to adequately address all concerns raised by the Board of Supervisors. Grove'; ester Harley Davidson • •" Frederick County, VA Rezoning REZ#02-08 Application Grove's Winchester Harley Davidson Parcel ID: Location in the County 64 - A - 159T Map Features 0 Apphc Lion Airport 1 I Location in Surrounding Area CMG ttttttttt� .P��M _ � �� y © Case Planner: Candice Map Document:(N:\Planning_And_Development\_1_Locator_Mps\2008\GrovesHD_REZ0208_031208.mxd) 3/13/2008 -- 11:42:03AM REZ#02-0 Grove' Winster Harley Davi(MMoW Location Map- 64 A 156 64 A 159E PERRY PROPERTIES EFG LLC 50 00 �A °o OA c; n 6! A 159T JOBALIE LLC 50 G Q Q m F D 0 O x A m D z 61 A 159P o Z v m w MYERS JAMES E O r r O N 61 A 159H EFG LC 61 A 1595 NAVY FEDERAL CREDIT UNION Frederick County, VA Rezoning REZ # 02 - 08 Application Location in the Lounty Map Features o Application D Lakes/Ponds Streams Airport Grove's Winchester Harley Davidson Parcel ID: 64-A-159T Location in Surrounding Area 1� © Case Planner: Candice Map Document: (N:\Planning_And_Development\ 1_Locator_Mps\2008\GrovesHD_REZ0208_031208.mxd) 3i1312008 -- 11:4Z:03AM Grove'snc�ster Harley Davids� � _ Frederick County, VA Rezoning REZ402-08 Application Grove's Winchester Harley Davidson Parcel ID: Location in the County 64 - A - 159T Map features 0 Application Zoning t6 Lakes/Ponds B1 (Business, Neighborhood District) Streams B2 (Business, General Distrist) Airport 4W B3 (Business, Industrial Transition District) .0 11DA EM (Extractive Manufacturing District) 411114111111 SWSA HE (Higher Education District) 40 M1 (Industrial, Light District) M2 (Industnal, General District) 40 MHi (Mobile Home Community District) 40 MS (Medical Support District) m R4 (Residential Planned Community District) dio R5 (Residential Recreational Community District) RA (Rural Area District) RP (Residential Performance District) 1 � 1 � 1♦ 1 � • Location in Surrounding Area COG ?,GF © Case Planner: Candice Map Document: (N:\Planning_And_Development\_1_Locator_Mps\2008\GrovesHD_REZ0208_031208.mxd) 3113/2008-- 11:42:03AM RI,ZONING APPLICATION FORM FREDLRICK COUNTY, VIRGINIA 7'o be completed by Plcu-ming SIcif. Pee Amount Paid $ O Zotiing Amendment N mb r Date Received D PC Hearing Date D BOS Hearing Date "The followhig h?fa•mcrtion shall be provided by the applicant: All parcel iderilif ication numbers, deed book and page numbers may be obtaitied from the Office of the Commissioner of Revenue, Real Estate Division, 107 North Kent Street, Wi ichesten 1. Applicant: Name: Jobalie, LLC Address: 1038 Heth Place Winchester, VA 22601 2. Property Owner (if different than above) Telephone: 540-662-4468 Name: Telephone: Address: 3. Cotltact persotl if othel' than above Name: Joe Knechtel 'I'elepllone: 5 4 0- 4 5 0- 018 0 4. Checklist: Clieck the following items that have been included with this application. Location map X Agency Comments Plat X fees X Deed to properly X Impact Analysis Statement N/A Verification of taxes paid X Proffer Statement X 10 0 • ". The Code of Virginia allow us to 1•egliest full discloslu-c of ownership in 1•elatioll to 1'ezollilig applicatiolls, Please list below all owllel's Ol' pal -ties 111 llltel'est Of the lalld to be rezomd: 6. A) Current Use of the Property: Motorcycle Sales B) Proposed Use of the Property: Motorcycle Sales 7. Adjoining Property: PARCEL Ill NUMBER 64-A-159E 64-A-159-P 64-A-159-H 64-A-158 USE Vacant Motorcycle Sales Vacant Construction Co. ZONING B. Location: The property is located at (give exact location based on Nearest road and distance h'011l lleal'est Llltersectimi, llslllg Load Rallies and I'011te 1111111bers): Located at corner of Independence Drive and Millwood Pike (U.S. Rt. #50) 1.1 9. The followin ; information should be provided according, to the type of rezoning Iwoposed : Number of Units Proposed Single Family homes: Townhome: Non -Residential Lots: Mobile Houle Office: Retail: ReStalll'allt: 10. Signature: Square Footage of Proposed Use Multi -Family: Hotel Rooms: Service Station: Manufacturing: _ Warehouse: Other Parking/approx. 77,000 SF I (WC), the undersigned, do hereby respectfully make apl)I1cation and I)etltlon the F1'edel'lek County Boarcl of Supervisors to amend the zoning ol'dinanec and to change the zoning mal) of Frederick County. Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (We) LUICIC1'Staild that the Slgll 1SSLICCI WhCll this application is submitted must be placed at the front properly Mlle at least scvcn Clays I)rior to the Planning Commission pllbllc heal'lllg 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): Owncr(S): 12 Date: Date: Date: Date: Adjoining Property Owners Rezoning Owners of property Adjoining the land will be notified ol'the Planning Commission all([ the Boarcl of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the i-equeste(I pi•opei'ty oil the side ot• real- or any prope•ty directly Across a public right -of -Wily, a private rlbllt-of-Way, oi• a Watei•coui-se from the requested property. The applicant is i'cquii-cd to obtain the following inlornlatlon on each adjoining property including the parcel identification nUinbel' which play be obtained front the office of the Conunissionei' of Revenue. The Commissioner of the Rei,enue is located oii the 2nd floor of the Fi-ederick County Ad/ inist1•atil,e Building, 107 North Kent Street. Naine an(I PI•operty Identification NuniberT Address Name EFG, LLC 340 W. Parkins Mill Road Winchester, VA 131-operty11 64-A-159E Name James E. Myers 100 Myerson's Drive Winchester, VA 111-operty9 64-A-159P Nalnc EFG, LLC 340 W. Parkins Mill Road Winchester, VA Property# 64-A-159H Name Perry Properties 1945 Millwood Pike Winchester, VA Propertytr 64-A-158 Name Property n Name Property 1E Namc Property P Name PI'Operty It Namc Property i 14 Special Limited Power of Attorney County of Frederick, Virginia Planning Office, County of Frederick, Virginia, 107 North Kent Street, Wiueliester, Virginia 22601 Plione 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Jobalie, LLC (Phone) 540-662-4468 (Address) 1038 Heth Place, Winchester, VA 22601 the owner(s) of all those tracts or parcels of land ("Property") conveyed to me (us), by deed recorded in the Cleric's Office of the Circuit Court of the County of Frederick, Virginia, by Instrument No. 070019010 on Page , and is described as Parcel: Lot:159T Block: Section: A Subdivision: do hereby make, constitute and appoint: (Name) Taz Schultz (Phone) 540-247-8512 (Address) 240 Merrifield Lane, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with fiill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision G Site Plan 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. h1 witness thereof, I (we) have hereto set my (orizi) hand and seal this I day of �p r;�, 200_&_, Signature(s) State of Virginia, City/County of Ff eckr ic*, , To -wit: I„ R\A' a,Q�n , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has aclalowledged the, sane before me in the jurisdiction aforesaid this 1 day of 12008 IM 4 My CommissionExpires: 4.-30-09 NotaryVLiblic u Special Limited Power of Attorney ' County of Frederick, Virginia �Ytti Cii� Planning Office, County of Frederick, Virginia, 107 North Kent Street, Winchester, Virginia 22601 Plione 540-665-5651 Facsimile 540-665-6395 Know All Men By These Presents: That I (We) (Name) Jobalie, LLC (Phone) 540-662-4468 (Address) 1038 Heth Place, 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. 070019010 on Page , and is described as Parcel: Lot: 159T Block: Section: A Subdivision: do hereby make, constitute and appoint: (Name) Potesta & Associates, Inc. (Phone) 540-450-0180 (Address) 508 Front Royal Pike, Winchester, VA 22602 To act as my true and lawful attorney -in -fact for and in my (our) name, place and stead with fill power and authority I (we) would have if acting personally to file planning applications for my (our) above described Property, including: G Rezoning (Including proffers) G Conditional Use Permits G Master Development Plan (Preliminary and Final) G Subdivision s Site Plan 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 V)herwisergded or modified. In witness thereo we) have hereto set my (our) hard and seal this day of G 200 3 , Signature(s) State of Virginia, City/County of , To -wit: I, --3- t, \ l v-� , a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument and who is (are) known to me, personally appeared before me and has acknowledged the same before me in the jurisdiction aforesaid this2 I day of 2008 My Commiss � dues* —d161v F--Spy w Notary Publi ;'' MY COMMISSION # DD711776 • PIRES September 05, 2011 Flor1UWN o 8ervice.com iem139B•0153 __.t-----•• • • 0 EFG, LC I \ ( \ INST If 07001901 EFG, LC TM 64-A'-159E I ZONING: 8-2 NST •4 07001901b8, /(I USE. VACANT l TM 64 A-159 / E. 1 ZONING: R4 1 \ TD� USE: RESIDENTIAL / � i r ` \ 1O!,XC C EASEMENT`— �' DEED BOOK 696 PACEEVIS6ii�• \ \ \ \• 'c`\ t `, PARNM M: C CURB #NLET RI ' y9 � EYL57/NG N� 67737 I l 1 / A71" STORAGE BUILDING 4,800 SF BUILDING POI CO dVr :..6T0. MRPOINT \ I i AO i HOR/ZONAL ` • r �/ /t fix- 7CW OF U4NHOLE UO \ N61/ / CONTROL POINT 4960.7? BUILDING CORNER / ` � �* E' \-1981.83 DISRNG ZONING d DISTRICT B(NlNOARY E. 4989.38 ./ ,\ '0'� ---•—"s"'ti., , - � � 'y RIM, G CURB INLET \ t `\- R/N.' IN.�. 669.60 , /D ! IN�/T` 669.5J % PAVED 36' RCP 7- SEVER E,SENEM AVSTR/A/ENT / 040012 1 i / WATERLINE 1 11 \ \ STmAgvT j ZONE B2 e l ai � tr JOBALIE, LLC INST / 070019010 m =� \ \ TM 64-A-1591-\ q \ \ ZONfO. B2 20• WOE STORM DRAINAGE FASEMEM Q „ USE- MOTORCYCLE SALES °Y, ' G i' _ �.....1.r'� e \ \ DEEo aroK e95 \\ EFG, LCWMA INST Tf 070019010 uSEVEN TM 64 A-159E `'\ AvsrRUMeNt s - \ ZONING 5-2 \ \ o/aweC ' fC �9°'• USE: uAcaNr � 1 L 66.36 } f �'••' Tanm34. 19 i . A-25641' / (, \ t R=1330.00 � IN MWMLNr— .. ✓ASTABLE N10TN SIC DISTANCE'E4SENEN7 INSTRUEGEM / 041 - INST O3OO27882 ' TM 64 A-159H ZONING: M1 / USE. VACANT WENT / 040012394',— I .A' I i NBLE W707H :riNTARY SEWER EASEMENT 1 is INS7RUMEM rOIOPW 79 �2- _...- r�•-� fXLSANG CURB INLEr t .. 35G�n' RIAF.-., 677.30 ,0 INV. DU1:' _... 28• X''20' SINITARY SEWER EASEMENT INSTRUMENT / 0100061M .._....._.. JAMES E, MYERS D. B, 9O8 PG 1369 TM 64-A--159P ZONING- M 1 USE: 140TORCYCLE SALES LEGEND —680 EXISTING CONTOUR MAJOR .- ............ F . .- --- EXISTING CONTOUR MINOR — — — k.— — F.— EXISTING PROPERTY LINE 0 EXISTING PROPERTY CORNER FOUND W; PROPERTY CORNER SET 55 EXISTING SANITARY SEWER LINE EXISTING SANITARY SEWER MANHOLE W EXISTING WATER UNE A EXISTING WATER GATE VALVE - — — UE - — — UE - EXISTING UNDERGROUND ELECTRIC LINE b EXISTING STREET LIGHT - — — UT - -- UT - EXISTING UNDERGROUND TELEPHONE LINE EXISTING STORM SEWER — — EXISTING ORCH LINE 1. THE PROPERTY SHOWN HEREON IS SAID TO BE IN THE NAME OF JOBAUE, LLC, AS SHOWN ON INSTRUMENT NUMBER 070019010 IN THE FREDERICK COUNTY, VA LAND RECORDS 2. THE BOUNDARY SHOWN HEREON IS BASED ON A SURVEY OF RECORD FOUND IN INSTRUMENT / 070019010. J. TAX MAP #64-A-159T 4. TOTAL PROPERTY AREA: 8.286 ACRES 5. FOR RESTRICTIVE COVENANTS SEE DEED BOOK 868 PAGE 1092. S. PROPERTY SHOWN HEREON IS NOT LOCATED IN A FEMA DEFINED 100 YEAR FLOOD ZONE. CR PHJC SL`AL6 40 80 0 40 110 _................ ........................ ................................ ....... .............. ........... MAPPING REF'fRENCE. MAPPING GENERATED BY FIELD SURVEY PERFORMED BY CLARK LAND SURVEYING, PC IN OCTOBER, 2007, AND POTESTA h ASSOCIATES, INC. IN 2006. Drawn ,IWS .........Checked.._.... KJK_ Approved 1 AC' Fc __ e C7 •IS, P o ect No. O W Qc) U N Q CV J Q LL= J W W Q S � m cn O 00 LLl Pry _ O U Z 7 W Z >U Q CD M YL'iW �Up W QZW 0-Q0:� U QdU Z JW� Xc)N (n �Zo 57< W ¢�z r� Q S N 03 DRAWING NOT 1. THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY. 2. FOR CLARITY NO ARE EASEMENTS SHOWN. EASEMENTS AND/OR OTHER ENCUMBRANCES EXIST UPON THE SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON. I I 64-A-159E I �� \ EFG, LC \ INST. #030019524 EX. RA ZONING \ 14.0596 Ac. BOUNDARY \ \ I \ N61'40'50"E _ _471.39' L2 9 \ / 7 o r \ — �82 4\, f of L4 12. M 9 — I EX. B2 ZONING i- Z 3 0.2934 ACRES BOUNDARY C' CURRENTLY ZONED RA CO 01 TO BE REZONED TO B2 I� W o� Y 00 64-A-159T I O � N z JOBALIE, LLC w 273_10' INST. #040012394 � O Q / S61 *40'50"W W > 8.2858 ACRES w � O 64-A-159E EFG, LC `moo INST. #030019524 "0)I 14.0596 Ac. I N N z � \ C1 219.97' _ 165.00' S65704718"W S61-40-44"W INDEPENDENCE DRIVE S10'47'38"E 60' RAW 49.81' CURVE TABLE CURVE LENGTH RADIUS I DELTA ITANGENTI CHORD ICHORD BEARING Cl 1 68.36' 1330.00' 2'56'42" 1 34.19' 1 68.35' 1 S71'10'28"W RANDY A'STOWERS a Lie. No. 2342 O3 -C$ J �.g,�,D s�v J LINE TABLE LINE LENGTH BEARING L1 110.81' N28'19'10"W L2 115.41' N61'40'50"E L3 89.38' S45'26'29"E L4 143.98' S51'31'27"W ---- GRAPHIC SCALE 0 73 150 300 1 inch = 150 ft. MONTGOMERY elf gineedlig &Omp, 171te. 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 (540) 450-3235 FAX www.MEG= b2 PLAT SHOWING PROPERTY OF JOBALIE, LLC TO BE REZONED SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 150' DATE: MARCH 5, 2008 JOB # 07-103 SHEET 1 OF 1 u 93NEW O ' Rt. B55 77 BI Y 91 O O 81 x ��ego 0 Eu.t 9M M"P O 1 "'" 97 rya Cn 78 81A 95 102A 9E 104 105 79 B.O. Six r 79A B.O. 798 8.0. BON Q� 80F 1ai: A 79C BDO Q 102 79D 79F A wk,d,a.ta Ba (D 1038 aw *,SITE Airport O . "$ 103A lox 8011 p 0 5w 116 80A Q" 103 7S 15M 1w 4 SM 712 7s'�' ,yr 1s9M 159S 111 13 15W s9n VICINITY MAP .AR 5 '" O A 1A 15 t2 1"=1,500' APPROVED BY: Sl1RDlvlanu enuiMlc7nArno `917Z NOTES: 1. THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY. 2. NO TITLE REPORT FURNISHED. EASEMENTS AND/OR OTHER ENCUMBRANCES EXIST UPON SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON. THE AREA TABULATION ORIGINAL AREA T.M. 64—A-159T 6.2858 ACRES AREA FROM T.M. 64—A-159E 1.7066 ACRES AREA FROM T.M. 64—A-1 9 Q.2934 ACRES NEW AREA T.M. 64—A-159T 8.2858 ACRES LINE TABLE LINE LENGTH ORIGINAL AREA T.M. 64—A-159E 16.2065 ACRES L1 106.47' BEARING N51'54'52' AREA FROM T.M. 64—A-159 0.5360 ACRES L2 51.44' N89'31'58' AREA TO T.M. 64—A-159 0.9763 ACRES L3 49.81' S10'47'38` AREA TO T.M. 64—A-1 9T 1.7066 ACRES L4 165.00' NEW AREA T.M. 64—A-159E 14.0596 ACRES L5 L6 219.97' S61'40'44" S65'04'18" ORIGINAL AREA T.M. 64—A-159 4.8531 ACRES L7 273.1Or 319.00, N61'40'50' N28'19'10" AREA FROM T.M. 64—A-159E 0.9763 ACRES AREA TO T.M. 64—A-159E 0.5360 ACRES AREA TO T.M. 64—A-159T Q.2934 ACRES NEW AREA T.M. 64—A-159 5.0000 ACRES SURVEYOR'S CERTIFICATION I, RANDY A. STOWERS, A DULY AUTHORIZED LAND SURVEYOR IN THE COMMONWEALTH OF VIRGINIA, DO HEREBY CERTIFY, TO THE BEST OF MY KNOWLEDGE AND BELIEF, THAT THE PROPERTY SHOWN HEREON IS THE SAME PROPERTY CONVEYED TO EFG, LC BY DEED DATED AUGUST 26, 2003, RECORDED AT INSTRUMENT #030019524 AND BY DEED DATED �P1 TH 0 ` FEBRUARY, 26, 2004, RECORDED AT INSTRUMENT #040003382, AND THE r SAME_ PROPERTY CONVEYED TO JOBALIE, LLC BY DEED DATED JUNE 30, RECORDED AT INSTRUMENT #040012394, ALL AMONG THE LAND RECORDS OF FREDERICK COUNTY, VIRGINIA. RANDY . STOWERS a PLAT SHOWING lie. No. 2342 BOUNDARY LINE ADJUSTMENT /�—Z7—� BETWEEN THE PROPERTIES OF t9nv �gbli EFG, LC AND MONTGOMERY JOBALIE, LLC SHAWNEE MAGISTERIAL DISTRICT 6itg eeriq Group, Jim FREDERICK COUNTY, VIRGINIA 180 -0 Prosperity Dr. (54U) 450-3236 VOICE SCALE: AS NOTED F1 Winchester, VA 22602 (540) 450-3235 FAX DATE: NOVEMBER 27, 2007 www.MEGi-biz JOB # 07-103 SHEET 1 OF 3 OWNER'S CERTIFICATION: THE BOUNDARY LINE ADJUSTMENT BETWEEN THE PROPERTIES OF EFG, LC AND JOBALIE, LLC, AS APPEARS ON THE ACCOMPANYING PLAT, IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE UNDERSIGNED OWNERS, PROPRIETORS AND TRUSTEES, IF ANY. EFG, L.C. E ENE r. GROVE, SR., MANAGING MAMBER ! DATE NOTARY PUBLIC STATE OF- v. CITY/COUNTY OF TfF��Ericl� :A THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON -0 1 BY =1 DATE '138 lia JOBALIE, L.L.C. MY COMMISSION EXPIRES '�-30-oq BARBARA A. GROVE, MANAGING MAFABER DATE NOTARY PUBLIC STATE OF `%Ir'C„nlc, CITY/COUNTY OF �er�Pi IL� THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON I'o�%-O'7 py DATE MY COMMISSION EXPIRES_ I iO OG (NOT PUBLIC) Lic, No. 2342 //- Z7-a7 t o4 SUR 0 ®MONTGOMERY Elrg«rCCr«rg Vroup, MC. 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 (540) 450-3235 FAX — MEG—b. PLAT SHOWING BOUNDARY LINE ADJUSTMENT BETWEEN THE PROPERTIES OF EFG, LC AND JOBALIE, LLC SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: AS NOTED DATE: NOVEMBER 27, 2007 JOB # 07-103 SHFFT 9 nF -� O O cn m CURVE TABLE CURVE LENGTH RADIUS DELTA TANGENT CHORD CHORD BEARING Cl 268.88' 1185.00' 13'00'02" 135.02' 268.30' S79'09'25"W C2 370.37' 1330.00' 15*57'19" 186.39' 369.17' N77'40'46"E C3 302.00' 1330.00' 13'00'37" 151.65' 301.36' N79.09'07"E C4 68.36' 1330.00' 2'56'42"-1 34.19' 68.35' N71'10'28"E o� 8 N VICTop% LANE a 72 R w 42 E _ 416.62' �1 <2 z RpUT so' / 250-B9, N51.42 ° 7 gRl in N51.19' 37 E 1 35 I OR _ 2g9 as N 100.19" i i y 64-A-159E N �, A A EFG, LC y N J N m "� x \o+ 14.0596 Ac. r 64-A-159 o p 'o ZONE: B2 00 y \ EFG, LC m ��1 N � mom 9 � � � 5.0000 ACRES o rn � A z \ZONE: RA PROPERTY LINES HEREBY CREATED PROPERTY LINE HEREBY DELETED z O'` v\I N 61.40'50"E 471.39' 03 o a �' `'j — N79• i 82 uy ZONE Rn _ PROPERTY LINE ? ZONEIr2 HEREBY DELETED " cp C) v PROPERTY LINES L� I HEREBY CREATED w d/ cb / L6 I 64-A-159T m ^o h PROPERTY LINE 3 JOBALIE, LLC oho I� HEREBY DELETED o _ 8.2858 ACRES `r 35. BRt N ZONE: B2 Cl - 0 DENOTES REBAR FOUND IQ BRL ° 35'5IIDC? PEtO DENOTES REBER SET RNcE D/w L4 '� RIB GRAPHIC SCALE 0 100 200 400 Lv Y_ Q- 0 O J C w Lic. Ro.-234r - 1 inch = 200 ft. PLAT SHOWING BOUNDARY LINE ADJUSTMENT BETWEEN THE PROPERTIES OF °¢ EFG, LC AND MONTGOMERY JOBALIE, LLC Fk'ASHAWNEE MAGISTERIAL DISTRICT Smoveer«rg vroup, ,lac. FREDERICK COUNTY, VIRGINIA 160-9 Prosperity Dr. (540) 450-3236 VOICE SCALE: 1" = 200' Winchester, VA 22602 (540) 450-3235 FAX DATE: NOVEMBER 27, 2007 —MEGI—biz JOB # 07-103 SHEET 3 OF 3 0 0 c_r CO VIRGINIA: FREDERICKCOUNTY.SCT. This instrument of writing was produced to me on at I J 31,41 I and xith certiGe,ae acknuu!rdgcmcnt thereto annexed Vas admittrd to nrord. Tax imposed by Sec. 58.1-802 of S422067129 and 58.1-801 have been paid, if assessable. ��a /9 , Clerk ' I h. OTEST 1 111 i . � 11: PROJECT No.:0103-07-0496 F ngmccrs end Envno�mont al Conculta�rts 'N5/ / 11 1190/Cr Fr;. IF Z,) INL rr 1 LEGEND e Dofx�O.ne TM 64A , IIININL' .RA _ '� lo' a c ♦ r ` -R - i Nn..- I'.S(: It •NN NTCAI / \ namisVe�o - [vsxc mwraux __ LU 1. \ � m�i.'Krr °awxw � e .n°. _ l / `''. - / ^ '!•I � l7 -,. -� \ \ i � -- - - �.'1 � \n \ INST / 070019010 TM 64-A-1\ ; ••\ ,\ © ZONED' 8 2 / I '•\ `\' I/5£' NOTORCYC'C£ WfS co W d £Fc. LC \\ \ \ c•'' I 4 swswr �w.imx¢rn nraars a o.. sx.2. ar �com rawo x > /NST / 070019070 ,.j '1 xr/oraawsn c c �0z>mr�r�r Z �Y ( W 64-A-159f%I . ZON/Nc8-2 :,\p1 / s>,ow .cam s wor mc.rto w . mr.. ac�x.o rm rt.n rt000 a- y W W \ I , I/SE' ✓AOANT smc co\v✓.rrs �Uo Cl— I• V vw > / .w.r.�/orm.a.� awe _ N "CS E MY£RS (n O=n > OR 908 IJ69X¢ w TM 64-1-A-l59P9P W Ow ZONCNc: MI - - - u5f. MOTORCYCLE SALES 1=2 ccruu*co er nnn sux\n r[,rrowm er cwnc ww wmrnuc.. ¢ ' a x «raecn. �ao1. Awo rortn/. r< wssocucs. iwc. w xwe. � EFL. LC INST / OJO027882 TA/ 64-A-159H I O 3 ZON/Nc: Ml / USE. MOW w wu' 1,6 WA %W 0 i EFG, L C 1,AI5T // 070019010 U-6 TV 64 ---A -- 159E � LC �N.S7 ;f o7or'190'rb" ZONING: B-2 282.12'\ TM 64—A-159 USE- VACANT ZONING: R1, USI'--. RE SIOENRA 10�,,WDE C & P 7nfPWNE E45EMEA7 DEED BOOK 696 PAGE / ' PAWD PARKING if �tA' '2- WhIG CURB #VLET 677.31 570MCE BUILDING IE9770i' I M 4.800 SF BUILDING 470. CONTROL POINT TOP Of" AiANHOLE LID AVRIZONTAL CONTROL PONT E. 4960.72 1.8j BUILDING CORNER ZONING wl t N. 4763.41 DISTRACT BOUNL14RY DSnAG 'CURB INLET RIM 4&V. ft No. Oats Revision ............. . ... .................... ... ... -.- ... ...... . ........ LEGEND EXISTING CONTOUR MAJOR . . ..... EXISTING CONTOUR MINOR F - EXISTING PROPERTY LINE o EXISTING PROPERTY CORNER FOUND w PROPERTY CORNER SET —SS— EXISTING SANITARY SEWER LINE EXISTING SANITARY SEWER MANHOLE W — EXISTING WATER UNE A EXISTING WATER GATE VALVE UE- UE - EXISTING UNDERGROUND ELECTRIC LINE EXISTING STREET LIGHT UT - UT - EXISTING UNDERGROUND TELEPHONE LINE EXISTING STORM SEWER EXISTING DITCH I INE PAIED 6695J tA ....... ... ...... . . ... . . . 040012J FA A4RA7NG .701VED. Rl 690 <— 20' WME , \ X W4 7ERLAW E45EMEW INSMLWW ZONED. 82 05X?628J JOBAL; LLC 'a''. \ ' ' ;i 0400,2394 INSF f O7:'0019010 TM 64-A-1591, ZONED- B2 2o' wDr sroRm DRWGE L4SEVEW C r,L SALES ES USE. MOTORCYCLE DEED BOOK 895 iX47M 6 6.39 PAGE 110 C0A41AERCUL BUILAING '4. FOND =009 -7 BLNDm OUT- WA7ET-1 o , 11.71RI 66Z 10 AV 66 EFG, LC 2 Z - : I 0' 0 WA INST j 070019010 F rY 64 -A -159E INSTRUMENT 0-�- ZONING S-2 1000615 USE.- VACANT T-34- 19 d-2'56'42- R- T". 00 ...... ......... #V �!441EVT VAR14BLE *7DTH SIGHT DISTANCE "EASEMENT INSTRUEMENT if 040012JI EFG, LC INSTf 0JO027882 TM 64 -A - 159H 2e7 4 4T YARD DZW RIAO 678.36 PAKD Tomokwjz •DISrAC CURB ff-C7 677.0 667 aY INV OUT 666.81 fX=NG YARD DRMN 67725 668. A' 67RJ220 OUT.- 67& 14 .zoo 5,4 -qug 6 561 144NA&F *lDrH S70RA( SEWER EASEMENT INSTRUI ME 1�00 1239 WDTH SANITARY ti SEWER CASCM917' NOTES: 1. THE PROPERTY SHOWN HEREON IS SAID TO BE IN THE NAME OF JOBALIE, L-C, AS SHOWN ON INSTRUMENT NUMBER 070019010 IN THE FREDERICK COUNTY, VA LAND RECORDS. INSTRUMENT / 010001279 2 THE BOUNDARY SHOWN HEREON IS BASED ON A SURVEY OF RECORD FOUND IN 01151M CURB INLET INSTRUMENT 111 070019010. 5 RIM 677 JO 3. TAX MAP #64-A-159T INV. OUr 4. TOTAL PROPERTY AREA: 8.286 ACRES. S. FOR RESTRICTIVE COVENANTS SEE DEED BOOK 868 PACE 1092. 6. PROPERTY SHOWN HEREON IS NOT LOCATED IN A FEMA DEFINED 100 YEAR FLOOD ZONE. 28' X 20' SWAffY SEWER CASFUENr lAfS7RW,-Nr / 010006153 JAMES C MY RS D.B. 908 PC 1369 TM 64-A - 159P ZONING: Ad I USE- MOTORCYCLE SALES CRAPHIC SCALE 40 20 0 40 eo ........ . . -....... ...... MAPPING REfERk710E: MAPPING GENERATED BY FIELD SURVEY PERFORMED BY CLARK LAND SURVEYING, PC IN OCTOBER, 2007, AND POTESTA & ASSOCIATES, INC. IN 2006. Ol EXISTING CAbFile No. Drawn KjK__ Approved 0' 010 0 78 O CV —i < 0- > LLI —J Ld LLj < m 0 00 Lj 0 -f- 03 DRAWING NOTES: mr m' 1. THE BOUNDARIES SHOWN HEREON ARE THE RESULT OF A FIELD RUN SURVEY. 2. FOR CLARITY NO ARE EASEMENTS SHOWN. EASEMENTS AND/OR OTHER ENCUMBRANCES EXIST UPON THE SUBJECT PROPERTY WHICH ARE NOT SHOWN HEREON. I I 64-A-159E I `� EFG, LC =ova INST. #030019524 EX. RA ZONING \ 14.0596 Ac. BOUNDARY � � I N61'40'50"E 471.39' L2 0 �Wi 282 ;�e ai L4 --A2 M s - " EX. B2 ZONING r- 1 0.2934 ACRES BOUNDARY 4 3 of CURRENTLY ZONED RA 00 W TO BE REZONED TO B2 I Y rn oro 64-A-159T JOBALIE, LLC z 273_10' INST. #040012394 S61'40'50"W 8.2858 ACRES 64-A-159E 3 EFG, LC o n �I N INST. #030019524 rn 14.0596 Ac. N I N z Cl 219.97' S65'04'18 INDEPENDENCE 60' R/W 165.00' S61 '40' 44"W DRIVE 49 817'38"E CURVE TABLE CURVE LENGTH RADIUS I DELTA ITANGENTI CHORD ICHORD BEARING Cl 68.36' 1330.00' 1 2'56'42" 1 34.19' 1 68.35' 1 S71'10'28"W o RANDY r STOWE L' Lie. No. 2342 a3-cam= LINE TABLE LINE LENGTH BEARING L1 110.81' N28'19'10"W L2 115.41' N61'40'50"E L3 89.38' S45'26'29"E L4 143.98' S51'31'27"W GRAPHIC SCALE 0 75 150 300 9�5 1 inch = 150 ft. MONTGOMERY elrg«eediv group, Arne. 180-9 Prosperity Dr. (540) 450-3236 VOICE Winchester, VA 22602 (540) 450-3235 FAX !kl www. M EG i na biz PLAT SHOWING PROPERTY OF JOBALIE, LLC TO BE REZONED SHAWNEE MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA SCALE: 1" = 150' DATE: MARCH 5, 2008 JOB # 07-103 SHEET 1 OF 1 • 0 REZONING APPLICATION 902-08 GROVE'S WINCHESTER HARLEY-DAVIDSON Staff Report for the Planning Commission Prepared: March 17, 2008 Staff Contact: Candice E. Perkins, AICP, Senior Planner 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: 04/02/08 Pending Board of Supervisors: 04/23/08 Pending PROPOSAL: To rezone 0.2934 acres from the RA (Rural Areas) District to the B2 (Business General) District with proffers to accommodate a parking lot expansion. LOCATION: The property is located at the corner of Independence Drive (Route 1092) and Millwood Pike (Route 50). MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 64-A-159T PROPERTY ZONING: RA (Rural Areas) District PRESENT USE: Conunercial and Vacant ADJOINING PROPERTY ZONING & PRESENT USE: North: B2 (Business General) Use: Vacant South: B2 (Business General) Use: Conunercial and Vacant East: Route 50 Use: N/A M1 (Light Industrial) Use: Industrial West: B2 (Business General) Use: Vacant RA (Rural Areas) Use: Vacant PROPOSED USES: Parking for the existing Harley Davidson Facility • Rezoning #02-08 — Grove's Winchester Harley-Davidson March 17, 2008 Page 2 REVIEW EVALUATIONS: Public Works: We have no comments related to the proposed rezoning. Frederick County Attorney: I have reviewed the proposed proffer statement for this matter and have the following comments: The rezoning map on the GIS intereet system shows that the parcel is already zoned B3. I am assuming that a portion of the parcel may be so zoned but that the remainder must be RA and that the GIS system just does not show that. Please let me know if the explanation is otherwise. The GIS system also shows the size of the entire parcel to by 6.29 acres and not 8.28 acres as indicated in the proposed proffer statement (the Commissioner of the Revenue's system shows 8.29 acres). The heading information in the proposed proffer statement also states that the area to be rezoned is 0.2934 acres, but the response in item 9 of the application form states that the proposed use will be a parking lot of approximately 77,000 square feet (greater than 1.5 acres). Is the rest of the proposed parking lot on a portion of the entire parcel which is already zoned to permit the lot? If so, it would be helpful if the application so stated that fact. If not, an explanation of the discrepancy is needed. The applicant will need to submit a plat showing the specific location of the area to be rezoned. Subject to the above comments, the proposed proffer statement is otherwise acceptable. I offer here some further continents, concerning the rezoning application form itself, although I recognize that the applicant may already by planning on addressing these matters: The applicant will need to identify all of its stockholders (or other owners of interest in the LLC, however titled), officers, and directors (or, in the case of an LLC, if so titled, managers of the LLC). Ms. Grove will also need to state the capacity (title) in which she is acting for Jobalie, LLC. Staff Note: The revised proffers dated January 9, 2008 have addressed the County Attorney Comments. PlanninI4 Department: Planniniz & Zoning: 1) Site History The original Frederick County zoning map (U.S.G.S. Winchester Quadrangle) identifies the subject area as being zoned M1 (Light Industrial) and A-2 (Agricultural General). The County's agricultural zoning districts were subsequently combined to form the RA (Rural Areas) District upon adoption of an amendment to the Frederick County Zoning Ordinance on May 10, 1989. The corresponding revision of the zoning map resulted in the re -mapping of the subject property and all other A-1 and A-2 zoned land to the RA District. The M 1 zoning on this site was changed to B2 (Business General) with Rezoning # 33-87 which was approved by the Board of Supervisors on October 14, 1987. Originally parcel 64-A-159T , consisted of 6.28 acres and on November 7, 2007 a boundary line adjustment was approved which added 1.17 acres of land from parcel 64-A-159E which was already zoned B2 and also added .2934 acres of land from parcel 64-A-159 which was zoned RA. • 0 Rezoning #02-08 — Grove's Winchester Harley-Davidson March 17, 2008 Page 3 2) Comprehensive Policy Plan The Frederick County Comprehensive Policy Plan is an official public document that serves as the conu-nunity's guide for making decisions regarding development, preservation, public facilities and other key components of community life. The primary goal of this plan is to protect and improve the living environment within Frederick County. It is in essence a composition of policies used to plan for the future physical development of Frederick County. [Comprehensive Policy Plan, p. 1-1] T nj,id T Tcn This site is covered by the Frederick County Eastern Long Range Land Use Plan of the Comprehensive Policy Plan and is identified for commercial uses. This rezoning request is proposing B2 Zoning and is therefore consistent with the Comprehensive Policy Plan. Site Access The site will be accessed off of the existing entrance into Independence Drive for the Grove's Harley Davidson. 3) Proffer Statement - Dated January 9, 2008 • The use of the .2934 acres shall be limited to off street parking. • Access to the .2934 acres shall be via the existing Harley Davidson entrance on Independence Drive. STAFF CONCLUSIONS FOR 04/02/08 PLANNING COMMISSION MEETING: This is an application to rezone .2934 acres from the RA (Rural Areas) District to the B2 (Business General) District with proffers to accommodate a proposed parking lot expansion for the existing Harley Davidson Facility. The land use proposed in this application is consistent with the goal of the Comprehensive Policy Plan and has addressed all of staffs concerns. 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. 14 03-31-2008 6 - AMENDMENT Action: PLANNING COMMISSION: Apri12, 2008 - Recommended Approval BOARD OF SUPERVISORS: May 14, 2008 APPROVED ❑ DENIED AN ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #02-08 OF GROVE'S WINCHESTER HARLEY-DAVIDSON WHEREAS, Rezoning 02-08 of Grove's Winchester Harley-Davidson, submitted by Potesta and Associates, to rezone 0.2934 acres from RA (Rural Areas) District to B2 (General Business) District, with proffers dated January 9, 2008, for a parking expansion, was considered. The property is located at the corner of Independence Drive (Route 1092) and Millwood Pike (Route 50), in the Shawnee Magisterial District, and is identified by Property Identification Number 64-A-159T. WHEREAS, the Planning Commission held a public hearing on this rezoning on April 2, 2008; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on May 14, 2008; 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 confonnance 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, Zoning, is amended to revise the Zoning District Map to change 0.2934 acres from RA (Rural Areas) District to B2 (General Business) District, for a parking expansion, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes # 1 1-08 9 0 This ordinance shall be in effect on the date of adoption. Passed this 14th day of May, 2008 by the following recorded vote: Richard C. Shickle, Chairman Gary W. Dove Gene E. Fisher Philip A. Lemieux Aye Gary A. Lofton Aye Bill M. Ewing Aye Charles S. DeHaven, Jr Aye A COPY ATTEST Aye Aye Aye fC i John RU Ripley, Jr. Frederik County Administrator PDRes. 111 1-08 • PROFFER STATEMENT REZONING: RA (Rural Areas) to B2 (Business General District) PROPERTY: 0.2934 acres to be zoned RA to B2, within total 8.28 acre B2 zoned property, Tax Map 964-A-159T RECORD OWNER: Jobalie, LLC APPLICANT: Jobalie, LLC PROJECT NAME: Grove's Winchester Harley-Davidson, Inc. — Parking Lot ORIGINAL DATE OF PROFFERS: January 9, 2008 REVISION DATE(S): N/A 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 that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be 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 Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. LAND USE PROFFER: Development on the 0.2934 acres rezoned property shall be limited to off-street parking lot and associated landscaping. This Proffer does not apply to remainder of TM64-A-159T property. Ingress and egress to this portion of the property shall only be accessed through the existing Harley Davidson entrance off of Independence Drive. Respectfully submitted, JOBALIE, LLC By: Title: Date: 2/a/U6 STATE OF �` dr�dG , AT LARGE \rc) COUNTY, To -wit: The forgoing instrument was acluiowledged before me this 2-1 day of �kCx— a c�_ , 2008, by , '�' \ \ \c'St- f\'� �)))Y PU'• My commission e �` �:: JILL F SMITH MY OMIN EXPIRES September 05, 2011 (407) 398-0153 Floddal•IotarySer fteXom Notary Public: RezoniIIg Comments Fredel'ick County Department of Public Works Mail to: Frederick County Dept. of Public Works Attu: Director of lmduering 107 North Kent Street Winchester, Vlrgiiiia 22601 (540) 665-6641 Hand deliver to: Frederick County Dept. of Public Works Atln: Director of Engineering 107 North Kent Street, Suite 200 Winchester, Virginia Applicant: Please fill out the information as accurately m possible in order to assist the Department ol' Public NVorks \.vith their review. Attach a copy of your application form, location map, proffer statement, intpaet analysis, and any other pertinent information. Applicant's Mime: Jobalie, LLC Telephone: 540-662-4468 MailMO Address: 1038 Heth Place Winchester, VA 22601 Location of property: 140 Independence Drive Winchester, VA 22602 Current zoning: RA Zoning requested: B2 Acreage: .2934 Department of Public Works Comments: 11�I e �lc�,yc end C 6 0A w JLAA: �&A A-b tk-o- L,6o Public Works ,Signature & Date: Notice to Dept. of Public Works 1 8 lease Return This Form to the Applicant 19 COUNTY OF FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 E-mail: rwillia@co.frederick.va.us MEMORANDUM TO: Candice E. Perkins, AICP Senior Planner FROM: Roderick B. Williams /) County Attorney l7 DATE: February 14, 2008 RE: Jobalie, LLC/Grove's Winchester Harley-Davidson, Inc. Rezoning — 0.2934 acres within Parcel ID Number 64-A-159T I have reviewed the proposed proffer statement for this matter and have the following comments: • The zoning map on the GIS internet system shows that the parcel is already zoned B3. I am assuming that a portion of the parcel may be so zoned but that the remainder must be RA and that the GIS system just does not show that. Please let me know if the explanation is otherwise. • The GIS system also shows the size of the entire parcel to be 6.29 acres and not 8.28 acres as indicated in the proposed proffer statement (the Commissioner of the Revenue's system shows 8.29 acres). • The heading information in the proposed proffer statement also states that the area to be rezoned is 0.2934 acres, but the response in item 9 of the application form states that the proposed use will be a parking lot of approximately 77,000 square feet (greater than 1.5 acres). Is the rest of the proposed parking lot on a portion of the entire parcel which is already zoned to permit the lot? If so, it would be helpful if the application so stated that fact. If not, an explanation of the discrepancy is needed. • The applicant will need to submit a plat showing the specific location of the area to be rezoned. 107 North Kent Street • Winchester, Virginia 22601 0 0 Candice E. Perkins, AICP February 14, 2008 Page 2 Subject to the above comments, the proposed proffer statement is otherwise acceptable. I offer here some further comments, concerning the rezoning application form itself, although I recognize that the applicant may already be planning on addressing these matters: The applicant will need to identify all of its stockholders (or other owners of interests in the LLC, however titled), officers, and directors (or, in the case of an LLC, if so titled, managers of the LLC). • Ms. Grove will also need to state the capacity (title) in which she is acting for Jobalie, LLC. e 1] • COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/665-6395 MEMORANDUM TO: Roderick B. Williams, County Attorney FROM: Candice E. Perkins, AICP, Senior Planner04 RE: Rezoning Application Proffer Statement DATE: January 31, 2008 Please find attached to this memorandum the proffer statement for the Winchester Harley Davidson Rezoning. We would appreciate your review of the Proffer Statement. Thank you for your assistance. cc: John Riley, Jr., County Administrator Attachments 6� CEP/bad M 1< M ED 7 S � 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 PROPOSED PROFFER STATEMENT REZONING: RA (Rural Areas) to B2 (Business General District) PROPERTY: 0.2934 acres to be zoned RA to B2, within total 8.28 acre B2 zoned property, Tax Map #64-A-159T RECORD OWNER: Jobalie, LLC APPLICANT: Jobalie, LLC PROJECT NAME: Grove's Winchester Harley-Davidson, Inc. — Parking Lot ORIGINAL DATE OF PROFFERS: January 9, 2008 REVISION DATE(S): N/A 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 that may have been made prior hereto. In the event that the above referenced B2 conditional rezoning is not granted as applied for by the applicant ("Applicant"), these proffers shall be 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 Frederick County Board of Supervisors (the "County") decision granting the rezoning may be contested in the appropriate court. If the County's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include the day following entry of a final court order affirming the decision of the County which has not been appealed, or, if appealed, the day following which the decision has been affirmed on appeal. The term "Applicant" as referenced herein shall include within its meaning all future owners and successors in interest. LAND USE PROFFER: Development on the 0.2934 acres rezoned property shall be limited to off-street parking lot and associated landscaping. This Proffer does not apply to remainder of TM64-A-159T property. • Respectfully submitted, JOBALIE, LLC By: Title: Date: STATE OF , AT LARGE COUNTY, To -wit: • The forgoing instrument was acknowledged before me this , 2008, by My commission expires: Notary Public: day of 0 F11 1 and Environmental Corputt M, 0 0 RE APPLICATION 1.ORNI FREDERICK COUNTY, VIRGINIA I o be conTpletecl by Plam ing Slcif: Fee Amount Paid $ Zoiiing Anicnclment Number Date Received I'C I-Ieating Date BOS I-Icariiig Date The follouvh,rg b?fbn)ialioii shall be provided by the applicunl: All pal'cel idelltificatloll numbers, (iced book and page mimbel•s may be obtained from the Office ol' the Commissioner of Revenue, Real Estate Division, 107 North Keiit Street, Wincliesten 1. Applicant: t\TaIII e: Jobalie, LLC Address: 1038 Heth Place Winchester, VA 22601 Telephone: 5 4 0- 6 6 2- 4 4 6 8 2. Property Owner (if different than above) Name: Telephone: Address: 3. Contact person if other than above Name: Joe Knechtel Tclephone: 54 0- 4 5 0- 018 0 41. Clieelclist: Cheek the following items that have been included with this application. Location map X Agency Comments Plat X Fees X Deed to property X Impact Analysis Statement N/A Verification of taxes paid X Proffer Statement X 10 S. Tlie Code of Virginia allows us to request full disclosure of ownership in t•elation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: Motorcycle Sales B) Proposed Use of the Property: Motorcycle Sales J. Adjoining Property: PARCEL ID NUMBER 64-A-159E 64-A-159-P 64-A-159-H 64-A-158 USE Vacant Motorcycle Sales Vacant Construction Co. ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): r.ncateA at cnrner of Indenendence Drive and Millwood Pike (U.S. Rt. #50) 11 • 9. The following information should be provided according; to the type of rezoning proposed : Number of Units Proposed Single Family homes: Townhonle: Non -Residential Lots: Mobile Home ivlulti-Family: Hotel Rooms: Square Footage of Proposec Uses Office: Service Station: Retail: Manldacturing: Restaurant: Warehouse: Other: 10. Si;natul•e: Parking/approx. 77,000 SF 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 neap of Frederick County, Virginia. I (we) authorize Frederick County officials to enter the property for site inspection purposes. I (wc) understand that the sign issued Nwlien this application is submitted must be placed at the front property line at least seven clays prior to the Plamling 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) Imowledge. Applicant(s): Date: Date: Owner(s): Date: Date: 12 Development Impact Model On October 12, 2005, the Frederick County Board of Supervisors directed staff to use the Development Impact Mocicl (DIN/1) to project the capital fiscal impacts that would be associated with any rezoning petitions containing residential development, replacing tile existing Capital facilities Fiscal Impact N/Iodel. The DIM was created by an economic consultant vwho evaluated and analyzed development within the County in an effort to assist the County ill planning for future capital facility requirements. Critical inputs to the DI\/I are to be revie\ved and updated annually to assure that the fiscal projections accurately reflect County capital expenditures. The Board of Supervisors authorized use of the annual model update on June 27, 2007. The DRA projects that, on average, residential development has a negative fiscal impacts on the C:ounty's capital expenditures. As such, all rezoning petitions \with a residential component submitted after June 27, 2007 \will be expected to demonstrate ho\w the proposal \will mitigate the following projected capital facility impacts: Single family Dwelling Unit = S22,927 1,0\\,n Home Dwwelting Unit = S16;3)96 Apartment Dwelling Unit = S 8,975 The following is a brealcdovwn of the projected impacts per dvwclling unit for each capital facility. Capital facility Single Family Town home Apartment t'il'e And Rescue S771 S568 S579 General Government 5450 5344 5344 Public Safety S875 5669 S669 Library S372 S285 S285 Parks and Recreation 52,028 S1,550 51,550 School Construction S 15,431 S 12,950 S5,548 Total 522,927 S 16,396 S8,975 A "react -only" copy of the Development Impact \Model is available on the public \workstation within the hlamling and Developments office. A uSel' Illallual is also available. 06/27/07 1.3 FROM Frodarick County Treasurer 0 (FRI)DEC 28 2007 15:15JST.l5:14/No.7500000357 P l T A X R E C E I P T - Y E A R 2 0 0 7 Ticket #:00179250001 FREDERICK COUNTY Date 6/05/2007 C. WILLIAM ORNDOFF, JR Register: LBX/RE P.O. BOX 225 Trans. #: 55633 Dept # RE200701 WINCHESTER VA 22604-0225 ACCT# 42550 2007 REAL ESTATE TAXES Previous LOT 18 6.29 ACRES 64 A 159T Balance $ 6111.53 Acres: 6.29 Principal Being Paid $ 6111.53 Land: 629000 Imp: 1699200 Penalty $ .00 Interest $ .00 JOBALIE LLC Amount Paid $ 6111.53 1038 HETH PL *Balance Due WINCHESTER, VA as of 6/05/2007$ .00 22601 6735 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. (DUPLICATE) T A X R E C E I P T - Y E A R FREDERICK COUNTY C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 2 0 0 7 Ticket #:00179250002 @@ Date : 12/04/2007 Register: LBX/RE Trans. #: 19651 Dept # RE200702 ACCT# 42550 2007 REAL ESTATE TAXES Previous LOT 18 6.29 ACRES 64 A 159T Balance $ Acres: 6.29 Principal Being Paid $ Land: 629000 Imp: 1699200 Penalty $ Interest $ JOBALIE LLC, Amount Paid $ *Balance Due 1038 HETH PL as of 12/04/2007$ WINCHESTER VA 22601 6735 Pd by ANY BALANCE DUE DOES NOT INCLUDE PENALTY AND INTEREST. 6111.52 6111.52 .00 .00 6111.52 wolf,, (DUPLICATE) BOUNDARY ADJUSTMENT DEED THIS BOUNDARY ADJUSTMENT DEED, made and dated this 28th day of November, 2007, by and between EFG, L.C., a Virginia limited liability company, party of the first part, hereinafter called the Grantor; and JOBALIE, L.L.C., a Virginia limited liability company, party of the second part, hereinafter called the Grantee. WHEREAS, the party of the first part is the original owner of 22.74 acres, more or less, acquired by deed dated March 16, 1998 from George W. Glaize, Jr., et ux, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia in Deed Book 902, at Page 593, and is also the original owner of a 5.001-acre tract acquired by deed dated August 26, 2003 from Zetta P. Garber, of record in the such Clerk's Office as Instrument Number 030019524; and WHEREAS, the party of the first part conveyed 6.2858 acres, Lot 18, Westview Business Centre, from the aforesaid 22.74 acres to the party of the second part by deed dated the 30th day of June, 2004, of record in the Office of the Clerk of the Circuit Court of Frederick County, Virginia as Instrument Number 040012394; and WHEREAS, the Grantor and the Grantee desire to adjust the boundary lines between their respective properties; and WHEREAS, by the adjustment of said boundary lines, the Grantor intends to convey, and does herewith convey, to the Grantee a total of 2.00 acres, as hereinafter more particularly described, from the remainder of the aforesaid tract it originally acquired from George W. Glaizc, Jr., et ux, and from the aforesaid tract it originally acquired from Zetta P. Garber; and NOW THEREFORE, WITNESSETH: That forTwo Hundred Thousand and 00/100 Dollars ($200,000.00), cash in hand paid, and other good and valuable consideration, the receipt of which is hereby acknowledged, the Grantor does hereby grant, bargain, sell and convey, with General 0 0 C, ) CA N Warranty and English Covenants of Title, unto the Grantee, in fee simple, together with all rights, privileges, appurtenances and improvements thereunto belonging, in and to all the following described real estate: All that certain tract or parcel of land containing 2.00 acres, lying and being situate in the Shawnee District of Frederick County, Virginia, and being further described by survey plat prepared by Randy A. Stowers, L.S., Montgomery Engineering Group, Inc., dated November 27, 2007 (such 2.00-acre tract conveyed herein being the property added to such aforesaid tract containing 6.2858 acres presently owned by Jobalie, L.L.C. to then constitute the 8.2858-acre tract described on such plat dated November 27, 2007); and being a portion (1) of the original 22.74 acres conveyed unto EFG, L.C. by deed dated the 16th day of March, 1998 fi-om George W. Glaize, Jr., et ux, of record in the aforesaid Clerk's Office in Deed Book 902, at Page 593, and (ii) of the original 5.001-acre tract conveyed to EFG, L.C. by deed dated August 26, 2003 from Zetta P. Garber of record in the aforesaid Clerk's Office as Instrument Number 030019524, to which reference is hereby made for a more particular description of the property herein conveyed. Tax ID Numbers: (i) 64-A-159E (source tract for part of 2.00-acre tract conveyed herein) and (ii) 64-A-159 (source tract for part of 2.00-acre tract conveyed herein) The two (2) acres described herein is hereby merged with such aforesaid 6.2858 acres and is now a new lot consisting of 8.2858 acres as shown on such plat dated November 27, 2007. Further, the Grantee, as evidenced by the signature of a duly authorized officer of Jobalie, L.L.C., hereby joins in the execution of this deed and agrees that the land conveyed shall be joined with the Grantee's other land to conform to one tract containing 8.2858 acres, as per survey of Randy A. Stowers, L.S., Montgomery Engineering Group, Inc., dated the 27th day of November, 2007, attached hereto. The Grantor further adjusts the boundary lines of all its remaining land as reflected on the aforesaid mentioned attached plat dated November 27, 2007. This conveyance is made subject to easements, restrictions, rights of way and bulding lines of record, if any, affecting the aforesaid realty, including the restrictions for Westview Business 0 0 a Centre, of record in the aforesaid Clerk's Office in Deed Book 868, at Page 1092. e11 W WITNESS the following signatures and seals: EFG, L.C., A Virginia limited liability company By: _. ,ram"" (SEAL) E GENE F. GROVE, SR. Managing Member STATE OF VIRGINIA �i— —OF _G !,110 - to -wit: 1, , a Notary Public in and for the State and jurisdiction aforesaid, do hereby 8ertify that Eugene F. Grove, Sr., Managing Member, EFG, L.C., whose name is signed to the foregoing Boundary Adjustment Deed hearing the date of the 28th day of November, 2007, has personally appeared before me, and acknowledged the same. Given under my hand this —'A- — day of �1n b �dY� (mac e_: , 2007. My commission expires /0 3 1. /0 pu s ra+ on # J(71 r --_7 �..-. Notary Public Registration Number 1jC "J "•�.'� �� 0 , i CD 0 JOBALIE, L.L.C., A Virginia limited liability company /I By. a/d�. (SEAL) BARBARA A. GROVE Managing Member STATE OF VIRGINIA OF 1 Q 5_fYj_' to -wit: 1, //F7Yl(4 �!4 Ft F C� a Notary Public in and for the State and jurisdiction aforesaid, do hereby eer fy that Barbara A. Grove, Managing Member, JOBALIE, L.L.C., whose name is signed to the foregoing Boundary Adjustment Deed bearing the date of the 28th day of November, 2007, has personally appeared before me, and acknowledged the same. Given under my hand this _day ofj)60ecjg , 2007. My commission expires Notary Public Registration Number c;Vt�—'I 9O 9 4 v` L W4' OUR 0-o COUNTY of FREDERICK a Department of Planning and Development ® 540/665-5651 I738 `PFAX: 540/ 665-6395 38 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: June 12, 2008 The amount of $50.00 was deposited in line item #3-010-019110-0008 for the company named below. The company had a deposit for one sign for Rezoning #02-08 for Grove's Winchester Harley-Davidson. The company has returned the sign and is therefore entitled to the return of the deposit. You may pay this through the regular bill cycle. Please send a check in the amount of $50.00 to: Grove's Winchester Harley-Davidson 140 Independence Dr. Winchester, VA 22602 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 FREDERICK COUNTY L y L y y C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING Date 3/07/2008 Register: JKH/LKHS2 Trans. #: 44320 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty $ .00 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Check 3679.34 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2008 0 i v i YY „a 14 kv ,i Y RECEIVED FROM D RESS f-^ • s lFOR RENT ❑1 FOR CCOUNT �BAL�ANCE CASH CHECK niF MONEY -- -- --- —A . . ti _ DATE (.) rd 008 NO. 9 1 3 4 S DOLLARS $, 20 . —•�- 5 � c1 7�r�l7il`� BY .i� F t.� 4 0 Pd by PLANNING Check 3679.34 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 3/2008 Engineers and Environmental Consultants POTESTA508 Front Royal Pike, Winchester, Virginia 22602 - (540) 450-0180; www.potesta.com February 25, 2008 Ms. Candice E. Perkins, AICP Senior Planner Department of Planning and Zoning 107 N. Kent Street, Suite 202 Winchester, VA 22601-5000 RE: Response to Proposed Rezoning Review Comments Grove's Winchester Harley Davidson, Inc. - Parking Lot Property Identification Number (PIN): 64-A-159T (portion of) Potesta Project No. 0103-07-0496 Dear Ms. Perkins: In response to your letter of February 6, 2008, below are remarks addressing each comment. Item 1 - Special Limited Power of Attorney. Provide a power of attorney for the property owners. • Enclosed is an executed Special Limited Power of Attorney for Grove's Winchester Harley Davidson, Inc. — Parking Lot Property. Item 2 - Proffer Statement. The proffer statement needs to be reviewed and approved by the County Attorney. Please note that rve have forwarded the proffer statement to the Count), Attorney and ivill provide ),oat ivith comments once received. • Enclosed is a revised proffer statement which notes that the portion of the property will only be accessed through the existing Harley Davidson entrance on Independence Drive. Item 3 - Site Access. The proffer should be revised to state that the portion of the property will only be accessed through the existing Harley) Davidson entrance on Independence Drive. • As stated above, I have enclosed a revised proffer statement with a statement noting that the portion of the property will only be accessed through the existing Harley Davidson entrance on Independence Drive. POTESTA & ASSOCIATES, INC. Charleston, West Virginia • Morgantown, West Virginia • Winchester, Virginia • Ms. Candice E. Perkin•AICP February 25, 2008 Page 2 Item 4 - Site Map. It would he helpful to provide a sketch or naap of the site that shows the existing parcel (post BLA) showing the existing B2 area as well as the existing RA area of the site. • Enclosed is a sketch/map of the site that shows the existing parcel (post BLA) showing the existing B2 area as well as the existing RA area. If you have any questions, or need any further information, please contact me. Sincerely, POTESTA & ASSOCIATES, INC. K. Joe Knechtel, P.E. Branch Manager KJK/mch Enclosures POTESTA �POTESTA TRANSMITTAL LETTER 508 Front Royal Pike, Winchester, VA 22602 Phone: (540) 450-0180 Fax: (540) 450-0182 To: Candice Perkins, Senior Planner The Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 Sent Via: Mail 0 1 [and Carried ❑ Federal Express ❑ Other: Date: Project No.: February 25, 2008 0103-07-0496 United Parcel Service Quantity Description 1 Letter dated 2/25/08 RE: Response to Proposed Rezoning Review Continents Grove's Winchester Harley Davidson, Inc., - Parking Lot Property. 1 Special Limited Power of Attorney for Grove's Winchester Harley Davidson, Inc., - Parking Lot Property 1 Revised Proffer Statement for Grove's Winchester Harley-Davidson, Inc. — Parking Lot. 1 Site Map for Grove's Winchester Harley-Davidson, Inc. — Parking Lot. 1 Check payable to the Treasurer of Frederick County in the amount of $3,029.34 for Rezoning Application Fee - Grove's Winchester Harley-Davidson, Inc. — Parking Lot. Remarks: By: KJK/mch c: COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 February 6, 2008 Mr. K. Joe Knechtel, P.E. Potesta & Associates, Inc. 508 Front Royal Pike Winchester, Virginia 22602 RE: Proposed Rezoning of the Grove's Winchester Harley Davison, Inc. — Parking Lot Property Identification Number (PIN): 64-A-159T (portion of) Dear Joe: I have had the opportunity to review the draft rezoning application for the Grove's Winchester Harley Davison, Inc. — Parking Lot. This application seeks to rezone 0.2934 acres from the RA (Rural Areas) District to the B2 (Business General) District. Staffs review comments are listed below for your consideration. 1. Special Limited Power of Attorney. Provide a power of attorney for the property owners. 2. Proffer Statement. The proffer statement needs to be reviewed and approved by the County Attorney. Please note that we have forwarded the proffer statement to the County Attorney and will provide you with comments once received. 3. Site Access. The proffer should be revised to state that the portion of the property will only be accessed through the existing Harley Davidson entrance on Independence Drive. 4. Site Map. It would be helpful to provide a sketch or map of the site that shows the existing parcel (post BLA) showing the existing B2 area as well as the existing RA area of the site. All of the above comments and reviewing agency comments should be appropriately addressed before staff can accept this rezoning application. Please feel free to contact me with questions regarding this application. Sincerely, Candice E. Perkins, AICP Senior Planner cc: Jobalie, LLC, 1038 Heth Place, Winchester, VA 22601 CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • A�POTESTA TRANSMITTAL LETTER 508 Front Royal Pike, Winchester, VA 22602 • Phone: (540) 450-0180 • Fax: (540) 450-0182 To: Candice Perkins, Senior Planner The Department of Planning and Development 107 North Kent Street, 2nd Floor Winchester, VA 22601 Sent Via: 0 Mail ❑x Hand Carried Federal Express ❑ Other: Date: January 15, 2008 Project No.: 0103-07-0496 ❑ United Parcel Service Quantity Description I Rezoning Application Form, signed with attachments to include: Location Map, Plat, Deed of Property, Verification of taxes paid, check payable to the Treasurer of Frederick Count , and Proffer Statement. �rN-e Remarks: By: KJK/mch c: 05-08-2008 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC HEARING April 30, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-08 FOR GROVE'S WINCHESTER HARLEY-DAVIDSON On behalf of the Frederick County Board of Supervisors, you are hereby notified of a public hearing being held on Wednesday, May 14, 2008, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Sheet, Winchester, Virginia to consider the following application: Rezoning #02-08 for Grove's Winchester Harley-Davidson, submitted by Potesta and Associates, to rezone 0.2934 acres from the RA (Rural Areas) District with proffers to the B2 (General Business) District with proffers to accommodate a parking expansion. The property is located at the corner of Independence Drive (Route 1092) and Millwood Pike (Route 50), in the Shawnee Magisterial District, and is identified by Property Identification Number 64-A-159T. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, -7 Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 This is to certify that the attached correspondence was mailed to the following on from the Department of Planning and Development, Frederick County, Virginia: 64 - A- - 159-T JOBALIE LLC 1038 HETH PL 22601 6735 WINCHESTER VA Potesta & Associates, Inc. 508 Front Royal Pike Winchester, VA 22602 64 - A- - 159-E EFG LLC 340 W PARKINS MILL RD WINCHESTER VA 22602.4735 64 - A- - 158- PERRY PROPERTIES 1945 MILLWOOD PIKE WINCHESTER VA 22602-4561 64 - A- - 159-P MYERS JAMES E 100 MYERSONS OR WINCHESTER VA 22602.4599 (z—Pl A A Candice E. Perkins, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK L I, Jf -„ i , a Notary Public in and for the State and County aforesaid, doh reby certify that Can ce E. Perkins, Senior Planner for th Depa tment of Planning and Development, whose name is signed to the foregoing, dated cf , .0 Uri , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this i day of My commission expires on \ �,� ) a L LOV L£ AIOr SHIdX3 N01SSIM400 AW 111NOM �0 H11d3MN0WW00 8 M # a AMON NOTARY P LIC a39N1113a 'H AMM38 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING March 21, 2008 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #02-08 FOR GROVE'S WINCHESTER HARLEY- DAVIDSON On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, April 2, 2008, at 7:00 p.m., in the Board Room of the Frederick County Administration Building at 107 North Kent Street, Winchester, Virginia to consider the following application: Rezoning 402-08 for Grove's Winchester Harley-Davidson, submitted by Potesta and Associates, to rezone 0.2934 acres from the RA (Rural Areas) District with proffers to the B2 (General Business) District with proffers to accommodate a parking expansion. The property is located at the corner of Independence Drive (Route 1092) and Millwood Pike (Route 50), in the Shawnee Magisterial District, and is identified by Property Identification Number 64-A-159T. Any interested parties having questions or wishing to speak may attend this public hearing. A copy of the application will be available for review at the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Development located at 107 North Kent Street in Winchester, Virginia, or by calling (540) 665-5651. You can also visit us on the web at: www.co.frederick.va.us. Sincerely, Candice E. Perkins, AICP Senior Planner CEP/bad 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 .0 This is to certify thh the attached correspondence was mailed to the following on fiom the Department of Planning and Development, Frederick County, Virginia: 64 - A- - 159-T JOBALIE LLC 1038 HETH PL WINCHESTER VA 22601.6735 Potesta & Associates, Inc. 508 Front Royal Pike Winchester, VA 22602 64 - A- - 159-E EFG LLC 340 W PARKINS MILL RD WINCHESTER VA 22602.4735 64 - A- - 158- PERRY PROPERTIES 1945 MILLWOOD PIKE WINCHESTER VA 22602.4561 64 - A- - 159-P MYERS JAMES E 100 MYERSONS DR WINCHESTER VA 22602.4599 Candice E. Perkins, Senior Planner Frederick County Planning Dept. STATE OF VIRGINIA COUNTY OF FREDERICK 1, .4? , a Notary Public in and for the State and County aforesaid, doh eby certify that CandlZe E. Perkins, Senior Planner for th De artment of Planning and Development, whose name is signed to the foregoing, dated -�- ( b :� , has personally appeared before me and acknowledged the same in my State and County aforesaid. Given under my hand this � day of My commission expires on Q//, 't, , -3 11 2 �e:.•�-: rS':�:t:�i:�eiLsr LGt �.�fti¢nl-t:�:z�r-�;,t_�ry- a � _ _ REVERLY N, DELLINGER NNOTARYTARY ID �P PUBLIC NOTARY BLIC NOTARY I'Uf3LIC COMMONWFAL H OF VIIiGINIA MY COMMISSION EXPIRES JULY 31. 201 i j ` BARBARA PROCESSING �ko VicS �ltie_ � *L f y — "� v r��o �cJ M:B FROM: - Pic Wing Dept. P ` —� l / ✓ Please print sets of els by 3 THANKS! 5. The Code of Virginia allows us to request frill disclosure of ownership in relation to rezoning applications. Please list below all owners or parties in interest of the land to be rezoned: 6. A) Current Use of the Property: Motorcycle Sales B) Proposed Use of the Property: Motorcycle Sales 7. Adjoining Property: PARCEL ID NUMBER �64-A-159E ✓ -64-A-159-P 64-A-159-H 64-A-158 USE Vacant B2 Motorcycle Sales Ml Vacant M1 Construction Co. Ml ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Located at corner of Independence Drive and Millwood Pike (U.S. Rt. #50) 11 a W S E REQUESTING AGENT: DEPT. Off' GEOGRAPHIC Il FORNMTION SYSTEMS STEMS FREDERICK COUNTY, VI , GINIA GIS, M PPITG, GRAPHICS WORK REQUEST DATE RECEIVED: /� O REQUESTED COMPLETION DATE: Department, Agency, or Company: - Mailing and/or Billing Address: Telephone: E-mail Address: ESTIMATED COST OF PROTECT: DESCRIPTION OF REQUEST: (-Write additional i Cr o Z- 04 121 % PS ( 1A) -t�- �V-� - i5q 1 DIGITAL: PAPER: FAX: SIZES: COLOR:. BLACK/WHITE: STAFF MEMBER COMPLETION DATE: MATERIALS: DATE OF PICK-UP/DELIVERY: AMOUNT DUE: AMOUNT BILLED: METHOD OF PAYMENT: FAX: E-MAIL: NUMBER OF COPIES: HOURS REQUIRED: CHECK NO.# Frederick County GIS, 107 North Kent Street, Winchester, VA 22601, (540)665-5651) l%Sa • TO:BARBARA-DATA PROCESSING FROM:BEV - Pla nin Please print 9 Dept. p L7��__THANKSI s of la els._by � 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: 6. A) Current Use of the Property: Motorcycle Sales B) Proposed Use of the Property: Motorcycle Sales 7. Adjoining Property: PARCEL ID NUMBER 64-A-159E 64-A-159-P 64-A-159-H 64-A-158 USE Vacant Motorcycle Sales Vacant Construction Co. ZONING 8. Location: The property is located at (give exact location based on nearest road and distance from nearest intersection, using road names and route numbers): Located at corner of Independence Drive and Millwood Pike (U.S. Rt. #50) 11 C ance Angie Mark Dana Eric Mike John Amber COMMENTS: IMTIALS DATE & TIME N �. Received by Clerical. Staff (Date & Time): U:\Pam\Common\Document Approval Form,wpd.