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Home My WebLink About016-08 Sportsplex - B3 to B2 6.02 Acres - Shawnee - Backfilew O occ a� � N cr Q O N Q ~ O Q U0� RECEIVED FROM ( ADDRESS I L �)U i ❑ FOR RENT C] FOR n AMT. OF ACCOUNT 7 AMT. PAID DATE V � * NO. 1011 ('u ►'1 1'' lAKL d WvA6ujb , VA ZZ�� DOLL ARS $' CASH CHECK MONEY ORDER BY 6 REZONING TRACKING SHEET Check List: Application Form Fee & Sign Deposit Proffer Statement Deed Impact Analysis ✓"" �— Plat/Survey Y Adjoiner List ✓ Taxes Paid Statement File opened Reference manual updated/number assigned D-base updated Copy of adjoiner list given to staff member for verification Color location maps ordered from Mapping Application Action Summary updated Planning Commission Meeting ACTION: Board of Supervisors Meeting ACTION: 2,g4v� ,i— Signed copy of Resolution received from County Administrator and placed in Proffers Notebook together with proffers Approval (or denial) letter mailed to applicant/copy to file and cc's Reference manual updated D-base updated Application Action Summary updated File given to Mapping to update zoning map Zoning map amended Sys ID#� 3:i � 7' S �� ,l�1. ►gal i�c"'. G® �' 'f `�' �I��RICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 February 13, 2009 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly St. Winchester, VA 22601 RE: REZONING 416-08, SPORTSPLEX Dear Patrick: This letter serves to confirm action taken by the Frederick County Board of Supervisors at their meeting of February 11, 2009. The above -referenced application was approved to rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business) District with proffers for conunercial use. The property is located on Commonwealth Court (Route 1167) west and adjacent to Interstate 81, in the Shawnee Magisterial District, and is identified with Property Identification Number 75-A-91 C. The proffer, originally dated August 12, 2008, and last revised on December 23, 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: Ronald Hodgson, Hodgson Construction, LLC, 1180 Apple Pie Ridge Rd., Winchester, VA 22603 Gene Fisher, Shawnee Magisterial District Supervisor Lawrence Ambrogi and H. Paige Manuel, Shawnee Magisterial District Commissioners Jane Anderson, Real Estate Commissioner of Revenue 107 North Dent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 REZONING APPLICATION #16-08 SPORTSPLEX Staff Report for the Board of Supervisors Prepared: February 2, 2009 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: 01/21/09 Recommended Approval Board of Supervisors: 02/11/09 Pending PROPOSAL: To rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business) District with proffers for conunercial use. LOCATION: The property is located on Commonwealth Court (Route 1167) west and adjacent to Interstate 81. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-91 C PROPERTY ZONING: B3 (Industrial Transition) PRESENT USE: Sportsplex - Commercial Indoor Recreation ADJOINING PROPERTY ZONING & PRESENT USE: North: M2 (Industrial General) Use: Industrial South: B2 (Business General) Use: Commercial East: N/A Use: Interstate 81 West: B3 (Industrial Transition) Use: Commercial PROPOSED USES: Commercial Use 0 • Rezoning 916-08 — Sportsplex February 2, 2009 Page 2 REVIEW EVALUATIONS: Virginia Department of Transportation: VDOT has no objection to the revised proffer statement other than revising the first sentence of Proffer 1.2 to: Within 90 days of receiving written request from Frederick County and VDOT, the applicant shall dedicate, at no cost, additional right-of-way across the property frontage with Interstate 81 in conformance with.... Staff Note: Proffer 1.2 has been revised to address this comment. Fire Marshall: Plan approval recommended. Public Works: We have no comments concerning the proposed rezoning. Inspections: No comment at this time. Sanitation Authority: There is sufficient sewer and water capacity to serve this project. Service Authority: No comments. Health Department: No objection based on the contents of the submittal. Geographic Information Services (GIS): No additional road names are required at this time. If additional structure numbers are required, please contact Frederick County IT Department. Parks & Recreation: No comment Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Parks & Recreation: No comment. Winchester Regional Airport: It appears that it will not impact operations at the Winchester Regional Airport. Frederick County Public Schools: We offer no comments. Frederick County Attorney: Please see attached letter dated December 8, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letter dated August 20, 2008 firom Candice E. Perkins, 0 0 Rezoning # 16-08 — Sportsplex February 2, 2009 Page 3 Senior Planner. Planning & Zoning: 1) Site History The Frederick County Planning Department administratively approved the Commonwealth Business Center Master Development Plan on July 19, 1999. Previously, the Board of Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master Development Plan called for the industrial/commercial development of an Industrial Park on a 37 acre site. 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 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 fixture physical development of Frederick County. [Comprehensive Policy Plan, p. 14] Land Use The parcel for which this rezoning is being requested is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area and Sewer and Water Service Area define the general area in which more intensive forms of planned commercial and industrial development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial land use designation. Therefore the existing B3 Zoning and the proposed B2 Zoning is consistent with the Comprehensive Plan. Site Access The site is currently and will continue to be accessed off of Commonwealth Court (Route 1167). 3) Proffer Statement - Dated August 12, 2008; Revised October 3, 2008, October 22, 2008, November 25, 2008 and December 23, 2008: Site Development 1.1 Should the existing use of the site cease as "Amusement and recreation services operated indoors" and a new primary use is proposed that would generate an Average Daily Trip (ADT) count that would exceed the existing use per the ITE Trip Generation Manual, the Applicant shall prepare a Traffic Impact Analysis in accordance with VDOT standards and shall provide a pro-rata share of the transportation improvements. The pro-rata share of transportation improvements shall be based upon the percentage of future traffic growth caused by the Property as determined by the TIA and verified by Frederick County and VDOT for acceptable Levels of Service at subject intersections. The aforementioned pro-rata share of transportation improvements may be in the form of constructed improvements and/or monetary contribution which shall be provided by 0 0 Rezoning # 16-08 — Sportsplex February 2, 2009 Page 4 the Application to Frederick County prior to operation of any future primary use for the Property that would necessitate the completion of a TIA as indentified. 1.2 Within 90 days of receiving written notice from Frederick County and VDOT, the Applicant shall dedicate, at no cost, additional right -or way across the Property frontage within Interstate 81 in conformance with the exhibit dated November 18, 2008. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/21/09 MEETING: Planning Commissioners inquired who would be responsible for placing the required buffers between adjacent properties. Staff replied that the buffer adjacent to the M2-zoned property (Hood) is already in place and the applicant would be responsible for the buffer next to the adjacent 133-zoned property, which is currently vacant. A Commissioner questioned if there were any B2 uses that would not be appropriate for this location. Staff noted that traffic would be the only issue and if the applicant discontinued the indoor recreation use and requested a different use with a much higher trip generation, a TIA would be required, along with transportation improvements and review by the Planning Commission. The applicant stated their assurances that if a heavier trip generator were to be established on the property once it is rezoned, their proffer would allow for a TIA and mitigation of any additional impacts. The applicant stated they have satisfied VDOT with their proposal for right-of-way dedication along I-81. The applicant also understood they would have to provide a Category B Buffer for the adjacent 133-zoned property and a minor site plan revision would be required to accommodate that requirement. There were no public comments. Members of the Planning Commission commented there is no additional property that could be developed here; the rezoning action will simply provide the applicant with the ability to place a daycare center. The Planning Commission unanimously recommended approval of the rezoning request with the applicant's proffers stating that if a change of use occurred, the applicant would be responsible for a TIA and mitigation of additional impacts. (Note: Commissioner Ours was absent for this item; Commissioner Kriz was absent from the meeting.) STAFF CONCLUSIONS FOR 02/11/09 BOARD OF SUPERVISORS MEETING: This is an application to rezone 6.02 acres from the B3 (Industrial Transition) District to the B2 (Business General) District with proffers. The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. The Planning Commission has forwarded a recommendation for approval. 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. i Sportsplex Rezoning REZ#16-08 PIN: 75 - A - 91C Case Planner: Candice Future Rt37 Bypass Zoning M2 (Industrial, General District) OREZ1608_Sponspinx ` III (Business, Neighborhood District) - MHI (Mobile Home Community District) Buildings - 112 (Business, General Distrist) - MS (Medical Support District) Urban Development Area - B3 (Business, Industrial Transition District) • RI (Residential Planned Community District) ^� SWSA - EM (Extractive Manufacturing District) - R5 (Residential Recreational Community District) - HE (Higher Education District) RA (Rural Area District) - MI (Industrial, Light District) RP (Residential Performance District) 0 75 150 300 Feet 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. Applicants: Name: Patton Harris Rust & Associates Telephone: (540) 667.2139 c/o Patrick Sowers Address: 117 East Piccadilly Street Winchester, Virginia 22601 • 2. Property Owner (if different than above) Name: Hodgson Construction, LLC Telephone: (540) 868-2200 c/o Ronald Hodgson Address: 1180 Apple Pie Ridge Rd Winchester, VA 22603 3. Contact person(s) if other than above Name: Patrick Sowers Telephone: (540) 667.2139 4. Checklist: Check the following items that have been included with this application. Location Map X Agency Comments X Plat X Fees X Deed of property X Impact Analysis Statement X Verification of taxes paid X Proffer Statement X 0 • 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: Hodgson Construction, LLC Ronald Hodgson 6. A) Current Use of the Property: B3 — Indoor Recreation with associated B3 uses B) Proposed Use of the Property: B2 — Indoor Recreation with associated B2 uses 7. Adjoining Property: SEE ATTACHED. 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). The Property is located at the existing terminus of Commonwealth Court (Rt 1167) west and adjacent to Interstate 81 in the Shawnee Magisterial District. 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 of intensity scenario for the proposed Zoning District as described on page 9 of the application package. 9. Parcel Identification/Location: Parcel Identification Number: 75-A-91 C Magisterial: Fire Service: Rescue Service Shawnee Stephens City Stephens City Districts High School: Middle School: Elementary School Sherando James Wood Orchard View 10. Zoning Change: List the acreage included in each new zoning category being requested. Acres Current Zoning Zoning Requested 6.02 B3 B2 6.02 Total acreage to be rezoned 0 Is • 11. The following information should be provided according to the type of rezoning proposed: Number of Units Proposed • CJ Single Family Home Townhome Multi -Family Non -Residential Lots Mobile Home Hotel Rooms Office Retail Restaurant 12. Signature: Square Footage of Proposed Uses Service Station Manufacturing Flex - Warehouse Other Indoor Recreation and associated commercial uses — 100,000 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 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 an its accompanying materials are true and accurate to the best of my (our) kn le ge. Applicant(s) Date ! �r • Adjoining Property Owners — Sportsplex • 0 Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: The MLR Companies LLC 185 Commonwealth Court Property #: 75-A-91I Winchester, VA 22602 Name: HP Hood Inc. attn: Sally Sevier 6 Kimball Ln Property #: 63-A-86A Lynnfeild, MA 01940 Name: Ronald Simkhovitch 2929 Valley Ave Property #: 44-1-A Winchester, VA 22601 Name: Nicholas & Brenda Pinchot 2613 Martinsburg Pike Property #: 4413-1-12C Stephenson, VA 22656 Name: Glaize Developments, Inc. P.O. Box 888 Property #: 75-A-91 Winchester, VA 22604 Name: Glaize Developments, Inc. P.O. Box 888 Property #: 75-A-90 Winchester, VA 22604 KTJ Limited Partnership 133 Name: c/o Oppidon Investment Co 5125 City Rd 101, #100 Property #: 75-A-91K Minnetonka, MN 55345 Rainier GMVA10 LLC Name: c/o Rainier Properties LP 13760 Noel Rd, Ste 800 Property #: 75-A-91 B Dallas, TX 75240 Name: Property #: Name: Property #: Name: Property #: Name: Property #: Name: Property #: 0 • 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, Winchester, Virginia 22601 Phone 540-665-5651 Facsimile 540-665-6395 Know All Men By Those Present: That I (We) (Name) Hodgson Construction, LLC (Phone) 540.868.2200 (Address) 1180 Apple Pie Ridge Rd, Winchester, VA 22603 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 Number: 020018080 and is described as Tax Map Parcel 75-A-91C Subdivision: do hereby make, constitute and appoint: (Name) Patton Harris Rust & Associates (Phone) 540.667.2139 dress) 117 E. Piccadilly Street, Suite 200, Winchester, Virginia 22601 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 X Rezoning (including proffers) _ Conditional Use Permits Master Development Plan (Preliminary and Final) Subdivision 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. 3 Nl u� , In witness thereof, I (we) have hereto set my (our) hand and seal this Signature(s State of Virginia, C ty/GeuMy of (Q)1YL -d day of 2002 ° °Pll �G To -wit: �A? i3�°g ° I, (n l r1) "f a Notary Public in and for the jurisdiction aforesaid, certify that the person(s) who signed to the foregoing instrument personally appeared before me 30jan06,3t u,W` and has acknowledged the same before me in the jurisdiction aforesaid this a flee day of�, 200 TS. hp_ My Commission Expires: 5) , -),Of b •tary Public U • 0 REZONING APPLICATION 916-08 SPORTSPLEX Staff Report for the Board of Supervisors Prepared: February 2, 2009 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: 01/21/09 Recommended Approval Board of Supervisors: 02/11/09 Pending PROPOSAL: To rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business) District with proffers for commercial use. LOCATION: The property is located on Commonwealth Court (Route 1167) west and adjacent to Interstate 81. MAGISTERIAL DISTRICT: Shawnee PROPERTY ID NUMBER: 75-A-91 C PROPERTY ZONING: B3 (Industrial Transition) PRESENT USE: Sportsplex - Commercial Indoor Recreation ADJOINING PROPERTY ZONING & PRESENT USE: North: M2 (Industrial General) Use: Industrial South: B2 (Business General) Use: Commercial East: N/A Use: Interstate 81 West: B3 (Industrial Transition) Use: Commercial PROPOSED USES: Commercial Use Rezoning #16-08 — Sportsplex February 2, 2009 Page 2 REVIEW EVALUATIONS: VirlZinia Department of Transportation: VDOT has no objection to the revised proffer statement other than revising the first sentence of Proffer 1.2 to: Within 90 days of receiving written request from Frederick County and VDOT, the applicant shall dedicate, at no cost, additional right-of-way across the property frontage with Interstate 81 in conformance with.... Staff Note: Proffer 1.2 has been revised to address this comment. Fire Marshall: Plan approval recommended. Public Works: We have no comments concerning the proposed rezoning. Inspections: No comment at this time. Sanitation Authority: There is sufficient sewer and water capacity to serve this project. Service Authority: No comments. Health Department: No objection based on the contents of the submittal. Geographic Information Services (GIS): No additional road names are required at this time. If additional structure numbers are required, please contact Frederick County IT Department. Parks & Recreation: No comment Historic Resources Advisory Board: It appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the I IRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Parks & Recreation: No comment. Winchester Regional Airport: It appears that it will not impact operations at the Winchester Regional Airport. Frederick County Public Schools: We offer no comments. Frederick County Attorney: Please see attached letter dated December 8, 2008 from Roderick B. Williams, County Attorney. Planning Department: Please see attached letter dated August 20, 2008 from Candice E. Perkins, 0 0 Rezoning #16-08 — Sportsplex February 2, 2009 Page 3 Senior Planner. Planning & Zoning: 1) Site History The Frederick County Plarming Department administratively approved the Commonwealth Business Center Master Development Plan on July 19, 1999. Previously, the Board of Supervisors approved the plan on July 14, 1999. The Commonwealth Business Center Master Development Plan called for the industrial/commercial development of an Industrial Park on a 37 acre site. 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 community life. The primary goal of this plan is to protect and improve the living envirorunent 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 The parcel for which this rezoning is being requested is located within the County's Urban Development Area (UDA) and Sewer and Water Service Area (SWSA). The Urban Development Area and Sewer and Water Service Area define the general area in which more intensive forms of planned commercial and industrial development will occur. In addition, the Eastern Frederick County Long Range Land Use Plan identifies this area with a Business/Commercial land use designation. Therefore the existing B3 Zoning and the proposed B2 Zoning is consistent with the Comprehensive Plan. Site Access The site is currently and will continue to be accessed off of Commonwealth Court (Route 1167). 3) Proffer Statement - Dated August 12, 2008; Revised October 3, 2008, October 22, 2008, November 25, 2008 and December 23, 2008: Site Development 1.1 Should the existing use of the site cease as "Amusement and recreation services operated indoors" and a new primary use is proposed that would generate an Average Daily Trip (ADT) count that would exceed the existing use per the ITE Trip Generation Manual, the Applicant shall prepare a Traffic Impact Analysis in accordance with VDOT standards and shall provide a pro-rata share of the transportation improvements. The pro-rata share of transportation improvements shall be based upon the percentage of future traffic growth caused by the Property as determined by the TIA and verified by Frederick County and VDOT for acceptable Levels of Service at subject intersections. The aforementioned pro-rata share of transportation improvements may be in the form of constructed improvements and/or monetary contribution which shall be provided by Rezoning #16-08 — Sportsplex February 2, 2009 Page 4 the Application to Frederick County prior to operation of any future primary use for the Property that would necessitate the completion of a TIA as indentified. 1.2 Within 90 days of receiving written notice from Frederick County and VDOT, the Applicant shall dedicate, at no cost, additional right -or way across the Property frontage within Interstate 81 in conformance with the exhibit dated November 18, 2008. PLANNING COMMISSION SUMMARY AND ACTION OF THE 01/21/09 MEETING: Planning Commissioners inquired who would be responsible for placing the required buffers between adjacent properties. Staff replied that the buffer adjacent to the M2-zoned property (Hood) is already in place and the applicant would be responsible for the buffer next to the adjacent 133-zoned property, which is currently vacant. A Commissioner questioned if there were any B2 uses that would not be appropriate for this location. Staff noted that traffic would be the only issue and if the applicant discontinued the indoor recreation use and requested a different use with a much higher trip generation, a TIA would be required, along with transportation improvements and review by the Plamling Commission. The applicant stated their assurances that if a heavier trip generator were to be established on the property once it is rezoned, their proffer would allow for a TIA and mitigation of any additional impacts. The applicant stated they have satisfied VDOT with their proposal for right-of-way dedication along I-81. The applicant also understood they would have to provide a Category B Buffer for the adjacent 133-zoned property and a minor site plan revision would be required to accommodate that requirement. There were no public comments. Members of the Planning Commission commented there is no additional property that could be developed here; the rezoning action will simply provide the applicant with the ability to place a daycare center. The Plamling Commission unanimously recommended approval of the rezoning request with the applicant's proffers stating that if a change of use occurred, the applicant would be responsible for a TIA and mitigation of additional impacts. (Note: Commissioner Ours was absent for this item; Commissioner Kriz was absent from the meeting.) STAFF CONCLUSIONS FOR 02/11/09 BOARD OF SUPERVISORS MEETING: This is an application to rezone 6.02 acres from the B3 (Industrial Transition) District to the B2 (Business General) District with proffers. The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. The Planning Commission has forwarded a recommendation for approval. Following the required public hearing, a decisiou 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. • Rezoning # 16-08 — Sportsplex January 6, 2009 Page 4 Property that would necessitate the completion of a TIA as indentified. 2 Within 90 days of receiving written notice from Frederick County and VDOT, the Applicant shall dedicate, at no cost, additional right -or way across the Properly frontage within Interstate 81 in conformance with the exhibit dated November 18, 2008. STAFF CONCLUSIONS FOR 01/21/09 PLANNING COMMISSION MEETING: This is an application to rezone 6.02 acres from the B3 (Industrial Transition) District to the B2 (Business General) District with proffers. The land use proposed in this application is consistent with the Comprehensive Policy Plan, as described in the Eastern Frederick County Long Range Land Use Plan. 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. fIUUH� 2 c� r , a r 1 Ar .00 .,1/ � J,t • h �� (III •� -� � ' R. ARQUES ROJ t � �. � � h .� .1+�' � t • ..�?. i:�� LL ,+�t, % % pro" ' .. 3' 14 it f` Ail ` t i •a' Y 4i � •-. •i4i � L� . �, is •� �. �,Aw t . 'z 4/ 1 • •fie },, .! L ` SPORTSPLEX PROPERTY Patton, Harris, Rust & Associates Cis I � �• LOCATION MAP 117 E. Picadilly St. Winchester, Virginia 22601 p pub a VOICE: (540) 667-2139 FAX: (540) 665-0493 FREDERICK COUNTY, VIRGIN14 (j �Stft � / s1ki IAa aAarq Na'M an aMaNa Spaold_9an -.. i ' ' Oil L / Vl //�� / T/PE' O-I MONDE / UX400 C1FTM �L�aaro%rr�oSt,JNtl F-0— I I I 'GSye�rPr��'•tic Qn r r �Vfn / / NIIXT'�N 7r7.A7 U W FLAN NO MAM - 4 FT BagwRstdb I I f)b;o C w �J /('J /// mco,VS` I -VA:. Ai 9pN iroAe Shwa ACCESSORY SORY d O O G L / / �Q 7 (� MW rNAFi1C SA f pF.N FROW DA1D & HOLIDAY I ANY PMONG PRO m l / RN NN fn.ITF W9F 51NAiPAQUE SW FGR lw e.7 ((A)) mu s I A°aa .t, 7 I ZONED, B-S : "" Sias I ' �w� 8o/YG/� 51/AN1. / y, 1 r USE: VACANT 9175t70 'M�' I !AM J5 �� _ - _ rLDUT �.a1U15- IS n. BRl._ _ _ _. _-MIERT-0117lSLL -m- - _ - - - Sf�iatl f pas7�1 a�f P of M we NKar ar ]bu a s mii5r r-- TT a � — ® I N■F, s d r SFrau____-_ - - -- ----- _ - v - .I. I T-PAl FCIAr .Est � OFF.2))5.1. TeavaiD Gs saroa arr - W Al L FED.Sri . ,------------- r�R v Pm �" 275 FT. 100 FT. 1- Ne XNRNIT I O�"C' CU[K (17d7) D r GiE M1L1E IN DaTrnEa PAO I �_ SiR 9 E FN F�BT I ou FIm" NV°M.V FANG slob I I FAL MW NnNM RN WOW STATE COOT I t , � 5 O a 1 • 9W IAMM — M-0111 (MY REOD.) Im6 WAN —r , I NIERr V Z il^ i `oxn PROPOSED (TWA`) 57,750 S.F. SPORTSPLEX AND EVENT CENTER uTOM W-'"25 21,000 S.F. EXPANSION PROVIDED PHASE TWO I -FA r T � Cp E•s R meN ULTIMATE AREA = 78,750 S.F. BUILDING EXPANSION I NI I -FA MhY 00 124Y (OTX u Tm SNH O vDO �m & NAM) F.F. = 751.75 21,000 S.F.�N 7� NIERT OUT 7 N/i v - - LOT 3 I •I , '" I �1B I FgauFnats t ; aar EX. 5.994 ACRES C 8-3 USE VACANT j ' FTWi l.COy`YJ `,.i 1 3HO USE i ; r .B T 2 I I t 1 � „" (,� t' • T o o 0 00 ACRES I a PNOIDF COh(*W INEO.i 1 I I/ JJaa S -AP-S -N PNAff dE � 11w"N MUD CJ I Al NOTQIi 716ro a I "� ( Ip µ l Pv 75I50 vADNx iM r OP.AIE +N Y ®/` I NN91r N IQ.70 Lb •f.. 1 • I�� a l �I 31 oI _ �• II� I OF �:zT • I jj I !\I •_ �� , ■�M vl Ii A 0 1 • Frederick County, Virgini-, REZONING APPLICATION M2 FOR REVIEW AND APPROVAL OF THE SPORTSPLEX Shawnee Magisterial Distric • June 2008 Prepared by: Patton Harris Rust & Associates 117 E. Piccadilly Street Suite 200 Winchester, Virginia 22601 Phone:540-667-2139 Fax:540-665-I PHf-�+-A 0 AMENDMENT Action: PLANNING COMMISSION: January 21, 2008 - Recommended Denial BOARD OF SUPERVISORS: February 11, 2009 APPROVED IJ DENIED Ai-T ORDINANCE AMENDING THE ZONING DISTRICT MAP REZONING #16-08 OF SPORTSPLEX WHEREAS, Rezoning 916-08 of Sportsplex, submitted by Patton Harris Rust & Associates, to rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business) District, with proffers dated August 12, 2008 and final revision date of December 23, 2008, for Commercial Uses, was considered. The property is located on Commonwealth Court (Route 1167) west and adjacent to Interstate 81, in the Shawnee Magisterial District, and is identified by Property Identification Number 75-A-91C. WHEREAS, the Planning Commission held a public hearing on this rezoning on January 21, 2009; and WHEREAS, the Board of Supervisors held a public hearing on this rezoning on February 11, 2009; and WHEREAS, the Frederick County Board of Supervisors finds the approval of this rezoning to be in the best interest of the public health, safety, welfare, and in conformance with the Comprehensive 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 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business) District, for Commercial Uses, subject to the attached conditions voluntarily proffered in writing by the applicant and the property owner. PDRes. #06-09 i !I This ordinance shall be in effect on the date of adoption. Passed this 1 lth day of February, 2009 by the following recorded vote: Richard C. Shickle, Chairman Aye Gary A. Lofton Aye Gait' W. Dove Aye Bill M. Ewing Aye Gene E. Fisher Aye Charles S. DeHaven, Jr. Aye Aye Philip A. Lemieux A COPY ATTEST John R:,JZMl , Jr. Freder' ck County Administrator PDRes. 1106-09 E 11 PROPOSED PROFFER STATEMENT REZONING: RZ # A�aq Industrial Transition (B3) to Business General (B2) PROPERTY: 6.02 acre +/-; Tax Map Parcel 75-A-91C (the "Property") RECORD OWNER: Hodgson Construction, LLC APPLICANT: Hodgson Construction, LLC r23-rg PROJECT NAME: Sportsplex ORIGINAL DATE OF PROFFERS: August 12, 2008 REVISION DATE(S): October 3, 2008; October 22, 2008; November 25, 2008; December 23, 2008 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 deemed withdrawn and shall be null and void. Further, these proffers are contingent upon final rezoning of the Property with "final rezoning" defined as that rezoning which is in effect on the day following the last day upon which die Frederick County Board of County Supervisors (die "Board") decision granting die rezoning may be contested in the appropriate court. If the Board's decision is contested, and the Applicant elects not to submit development plans until such contest is resolved, the term rezoning shall include die day following entry of a final court order affirming the decision of die Board which has not been appealed, or, if appealed, the day following which die decision has been affirmed on appeal. The term "Applicant" as referenced hetein shall include widen its meaning all future owners and successors in interest. 1. Site Development 1.1 Should the existing primary use of the Property cease as "Amusement and recreation services operated indoors" as referenced by Standard Industrial Classification (SIC) Code 79 by the Frederick County Zoning Ordinance and a new primary use is proposed that would generate an Average Daily Trip (ADT) count that would exceed tie existing use per tie I T E Trip Generation Manual, the Applicant shall prepare a Traffic Impact Analysis in accordance with Virginia Department of Transportation (VDOT) standards and shall provide a pro-rata share of the transportation improvements. The pro-rata share of transportation improvements shall be based upon the percentage of future traffic growd7 caused by die Property as deterinined by die TIA and verified by Frederick County and VDOT for acceptable Levels of Service (LOS) at subject intersections. The aforementioned pro-rata share of transportation improvements may be in the form of constructed improvements and/or monetary contribution which shall be provided by the Applicant to Frederick County prior to operation of any future primary use for d-le Property that would necessitate the completion of a Traffic Impact Analysis as identified above. P7'offe7° Statement Sportsplex 1.2 Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate, at no cost, additional right of way across the Property frontage with Interstate 81 in conformance with the attached exhibit entitled "Sportsplex, I-81 Right of Way Reserve Area" dated November 18, 2008 revised November 24, 2008 as prepared by Patton Harris Rust and Associates. As shown on the Exhibit, said right of way reserve area shall be 62 feet in width as measured from the existing Property line at the Southern Property boundary and shall taper to a width of 9.5 feet adjacent to the existing parking located in the Southeastern portion of the site. The right of way reserve area shall then taper to a width of 7 feet at the Northern Property boundary. Should the right of way be dedicated at a future tune, the existing parking that is located within the 5 foot parking setback as requited per Section 165-27E(13) of the Frederick County Zoning Ordinance shall be permitted to remain in a legally non -conforming status. In tie event the Applicant has not received written request from die County and VDOT within 30 years of tze date of final rezoning, die Applicant shall not be responsible for providing said right of way dedication. (See Exhibit 1) SIGNATURES APPEAR ON THE FOLLOWING PAGES Page 2of3 0 Proffer Statement • Sportsplea Respectfully submitted, Hodgson Construction, LLC By: , A Date: /2 /,Z 3 �D STATE OF VIRGINIA, AT LARGE FREDERICK COUNTY, To -wit: The foregoing instrument was aclmowledged before me this day of C-' rn �]e 2008, by 1 n rUA IJ 411 AN �/ {a di> ..S c1 M LILA M. TRIPLETT ' /1 NOTARY PUBLIC M commission e ires j ! f udr'i's f Z�_ (1 y �p f Commonwealth of Virginia Notary Public j �7 Reg. #335897 v Commission Expires Aug. 31, 2011 Page 3 of 3 i irr SIRJ IM 1 a 1 rAaM Naa ae awiaDla Soallo' .own - - A 08 « ` � � P / RN �- N' PRm B I11lNN cwSS Cw,�t IsSMoo' iwwlbna / 77a.oa yy N�y.RV,G INW! - A R. Rm b 1 1 1 / �� / / NNR! N 7n6U Cr PACK AS 9ADNl �° I NKRr rl 74GJa RS V /'�'Pe O 7 (� �[a'MA747.30 STARK PAMER PAD, KM DAND B. HQWAY mE-�� RN No GtAIF N91 DXW SNW CAN 11Z 65 ,. B- 91D SM 7 / 1 1 1 O< 1 ZOa : C . corn ME I 80 �G/� L Z S I/MH. / / ��O 11 SIRI USE: VACANT WWRTX1,50I1PL LRW BA91 / N 7 PPAN BA41 N1tR! N 719Sa C6 AN 731.1a RY 751,yJ JW RW no 7A9.p#_ H (r B.RL_ _ _ _. _ .NHRLw I.AW1H- pas�/)a� v i-7A2. ^pu ,nf� -- w"rOJT 749SCS-- ------ -- -- D` of Darr r Pic NleRr ar 7re.0 a mmur s u2-2ar R ulad _ r 15 -------------------------- Aav - � I } anRARN s7 p`€R6ENEP A • } RnuPaun s+s smtn^ECCF$ RiL Pm. -o - - S I � "' 6 aP------- 100 FT. ---- ao. ((��,.�� • E yµK 275 FT. TIN aP CUT._ I. ry+ i V Dt FIRE NAI9AIE I 1 y�' cawixm Doac ryde1J i Ir aH VALSE i \® k 1 1 • GNN E' COME PAD ' 1 y I E FM A49&T I F. NSF LfD MR WROW TAAW1G 9db I I 1 .. �ASC NAP MgHID MR 1%OIIA SCAR NPE I I p O I A' .SEVER LAMM S cw m JE-9ar1(oar Am.) Rff " —f Ar r � � NN nEARaur PROPOSED o Z �;; (AloaE„Eo�� 57,750 S.F. SPORTSPLEX AND EVENT CENTER It u.20 mm -74&2' 21,000 S.F. EXPANSION PROVIDED PHASE TWO Fx,Is�Y ( a' U ULTIMATE AREA = 78,750 S.F. ' C (~i) �.,�, nm as lam (ow BUILDING EXPANSION F.F. = 751.75 21,000 S.F. I n� R/,f LOT 3 I I (wA)) 91B I ,ff EX. 5.994 ACRES , -- I I I I I I I A,N m-pr R, ,I ( �I r i II H �. w USE WB I r SIR 7 lIPE-" SAW ON 73.30 \ iver N 747.7a co / I Nor OUT 74750 C7 . VEIr I° I� �r I� w 0 C� VIA FACSIMILE (540-665-0493) AND FIRST-CLASS MAIL COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 December 8, 2008 E-mail: rwillia@co.frederick.va.us Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street. Suite 200 Winchester, VA 22601 Re: Sportsplex -- Proposed Rezoning Revised Proffer Statement dated October 23, 2008 Dear Patrick: You have submitted to Frederick County for review proposed rezoning application materials for the "Sportsplex" property, Parcel Identification Number 75-A- 91 C. Specifically, the proposed rezoning application contemplates the rezoning of 6.02 acres, in the Shawnee Magisterial District, from B3 (Industrial Transition District) to B2 (Business General District) with proffers. I have now reviewed the proposed Proffer Statement, bearing a revision date of October 23, 2008. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments: Proffer 1.1 does not state how existing or then -existing Average Daily Trip Tl fin` rt x� n� .^a tc i tr d or tl,o time o f termi.nat. or' of t �.A.D � ?.1 t �,,,.,d be ., aiv:. �..,.a .._ ... r t, . `rrii?ry L'w^e of the Property, nor does the proffer state how the ADT count of any new primary use of the Property would be calculated. Also, staff should be aware that other uses under Standard Industrial Classification (SIC) Code 79, besides the current use, might result in an increased ADT count, but, as written, the proffer would not provide for any mitigation of such impacts. Finally, while a particular new use of the Property might result in, among other things, an increased ADT count, such a new use might not necessarily require issuance of a new certificate of occupancy and therefore might not trigger any monetary contribution stated in the proffer. • In Proffer 1.1, staff should be aware that preparation of the proposed Traffic Impact Analysis (TIA) would be by a consultant of the applicant's choosing. 107 North Kent Street • Winchester, Virginia 22601 0 0 Mr. Patrick Sowers December 8, 2008 Page 2 Proffer 1.1 does not indicate a specific means for a calculation of the value of the potential transportation improvements that may be identified by the TIA prepared in the event of a new use, in particular regarding what would constitute a pro-rata share. In Proffer 1.2, the applicant is essentially asking for a possible waiver of parking and SWM requirements, in connection with the proffered right-of- way dedication. Staff will need to determine if this is acceptable. Also, the applicant currently has a sign installation, which includes the display of changing electronic messages, within the area of the proffered right-of-way dedication. Staff and the applicant may need to address the standards (in particular, sign height, sign size, and the characteristics of the electronic message display) that will govern any replacement of that sign. I would also reaffirm my previous comment, from my letter of August 19, 2008, that, with respect to required adjoiner notifications, it appears that two additional properties bear adjacency to the subject property and therefore should be included on the notification list, if not already included. Those properties are identified by Parcel Identification Numbers 75-A-91J and 75-A-92. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincerel , Roderick B. Williams County Attorney cc: Candice E. Perkins, AICP, Senior Planner COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 August 20, 2008 Mr. Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street Winchester, Virginia 22601 Ig of the �,x�ortsple;_ - roperi�' Dear Patrick: I have had the opportunity to review the draft rezoning application for the Sportsplex property. This application seeks to rezone 6.02 acres from the B3 (Industrial Transition) District to the B2 (Business General) District. Staff s review comments are listed below for your consideration. 1. Eastern Frederick County Long Range Land Use Plan. The site is within the limits of the Eastern Frederick County Long Range Land Use Plan. The plan shows the area where this site is located with a business/commercial use designation. The proposed B2 Zoning is a business use and is generally consistent with the Eastern Frederick County Long Range Land Use Plan as it relates to this area. 2. Traffic Impacts. While a Traffic Impact Analysis was not performed for this proposed rezoning, the potential for uses with a high traffic generation exist for the current as well as the proposed zoning. The applicant should consider proffering out certain uses that could result in a high trip generation. Also, a TIA and identified improvements may be needed in the future if the site redevelops. This should be accounted for in the rezoning package. 3. Interstate 81 Right -of -Way. Additional right-of-way needs along the Interstate 81 corridor should be addressed with this application. 4. Agency Comments. Please provide appropriate agency comments from the following agencies: Historic Resources Advisory Board, Virginia Department of Transportation, Frederick County Department of Public Works, Frederick County Fire Marshall, Frederick County Department of Parks and Recreation, Frederick County Sanitation Authority, Frederick -Winchester Health Department, the local Fire and Rescue Company and the Frederick -Winchester Service Authority. The proposed proffers have been forwarded by staff to the Frederick County Attorney. 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • Page 2 Mr. Patrick Sowers RE: Proposed Rezoning of the Sportsplex Property August 20, 2008 Once attorney comments are received by the Planning Department, they will be forwarded to your office. Attorney comments are required for acceptance of the rezoning application. 5. Special Limited Power of Attorney. Please have the property owners complete the special limited power of attorney form which authorizes you to represent them during the application process. 6. Fees. The fee for this application includes a $10,000.00 base fee plus $100.00 per acre, and a $50.00 public hearing sign fee. This is based on fees as of April 28, 2008. Pees may change. 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 P1aimer CEP/bad Candice Perkins From: Funkhouser, Rhonda [Rhonda.Funkhouser@VDOT.Virginia.gov] on behalf of Hoffman, Gregory [Gregory.Hoffman@VDOT.Virginia.gov] Sent: Tuesday, December 02, 2008 12:33 PM To: patrick.sowers@phra.com Cc: Hoffman, Gregory; Candice Perkins Subject: Sportsplex 1-81 Right of Way - VDOT Comments to Proffer Statement & RAN Reserve Exhibit Attachments: Sportsplex Proffer-1 12508.pdf; Sportsplex 81 Right of Way 112508.jpg Patrick, -- VDOT has no objection to the revised proffer statement other than, revising the first sentence of Proffer 1.2 to: Within 90 days of receiving written request from Frederick County and VDOT, the Applicant shall dedicate, at no cost, additional right-of-way across the Property frontage with Interstate 81 in conformance with....... Should you have any questions, do not hesitate to give me a call. Thanks, N Greg Gregoiny T . Hoffinart, Supervisor Vitghnia Department of Transportation Edinburg Residency — Land Development 2275 Northwestern Pike Winchester, VA 22603 Phone #(540) 535-1824 Fax #(540) 535-1846 From: Patrick R. Sowers[mai[to:Patrick.Sowers@phra.com] Sent: Tuesday, November 25, 2008 4:49 PM To: Hoffman, Gregory Cc: Candice Perkins Subject: Sportsplex I-81 Right of Way Greg, I've attached a revised proffer statement and right of way reserve exhibit for the Sportsplex Property which is in accordance with the e-mail correspondence we have had with Scott Alexander. I will deliver a hard copy to your office tomorrow for your review. Candice - I will bring a hard copy for your review as well as the County Attorney's tomorrow as well. Thanks, Patrick Patrick R. Sowers Planner Patton Harris Rust & Associates, p; 117 East Piccadilly Street Winchester, Virginia 22601 P 540.667.2139 F 540.665.0493 www.phra.com FroicADMIN 07/23/2008 09:31 a • #245 r.001/001 G t Ir ' Control number RZOS-0009 Project Name Sportsplex Address 117 E. Piccadilly St. Type Application Rezoning Current Zoning 133 Automatic Sprinkler System Yes Other recommendation iEmergency Vehicle Access Not Identified Siamese Location Not Identified Emergency Vehicle Access Comments Access Comments Additional Comments Plan Approval Recommended Yes 0 Date received Date reviewed Date Revised 711712008 7/23/2008 Applicant - Patton Harris Rust &Associates City State Zip Applicant Phone Winchester VA 22601 540-667-2139 Tax ID Number Fires District Rescue District 75-A-91C i1 11 Recommenda tons Automatic Fire Alarm System Yes Hydrant Location Not Identified Roadway/Aigleway Width Not Identified Election District Shawnee Residential Sprinkler System No Fire Lane Required Yes Special Hazards No Reviewed By Signature J. Neal Title �„ • 0 0 Rezoning Comments Sportsplex Mail to: Frederick County Inspections Attn: Building Official 107 N. Kent Street Winchester, VA 22601 (540) 665-5650 Frederick County Inspections Hand deliver to: Frederick County Inspections Attn: Building Official 107 N. Kent Street Winchester, VA 22601 Applicant <:Pleasa fill out the oriratxon:as accurately?as possible in ode to asszst the Fleclerick County Inspection's Department ,,id their review Attach: a copy, of your application form; location map,prof er'statemept,,im�pact'analys s, and any oilier pertlnerit mformat on Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 t� ' �;i� �� p� Winchester, VA 22601' JUL Location of Property: U►11IG 4 Ott!(& I e 'floo The Property is located at the existing terminus of Commonwealth Court (Rt 1167) west and adjacent to Interstate 81 in the Shawnee Magisterial District. Current Zoning: B3 Zoning Requested: B2 Acreage: 6.02 acres Inspectio/�n�'s C,{omments: / ' / / ts Signature & ;Date: tice to Inspections— Please urn This Form to the Applicant 10 0 • Rezoning Comments Sportsplex • • Frederick County Department of Public Works Mail to: Frederick Co. Dept. of Public Works Attn: Director of Engineering 107 North Kent Street Winchester, VA 22601 (540) 665-5643 Hand deliver to: Fredericks Co. Dept. of Public Works Attn: Director of Engineering Co. Administration Bldg., 4"' Floor 107 North Kent Street Winchester, VA 22601 '"Applicant � Please fall: out ,the information as ,accurately` 'as possible m order' to assistr< the; Department.`.of Publrc Works with then review Attach a copy"„of your apphcatia i 6fffi, I ti" n' Map,:proffer statement impact aualysisi and any other pertinent information Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 JUL �ii�OG1Yl01t GOUCii1° Location of Property:�UOLIf V401iK IiJSt'Ef.;'110 The Property is located at the existing terminus of Commonwealth Court (Rt 1167) west and adjacent to Interstate 81 in the Shawnee Magisterial District. Current Zoning: B3 Zoning Requested: B2 Acreage: 6.02 acres Demen of Public Work's Commen s: (A c5-e-A rc �nq (vi- Public Works Signature & Da e: ! v i Notice to Dept. of Public Works — 1 ase Return This Form to the Applicant 4 0 • Rezoninjz Comments Sportsplex Frederick County Sanitation Authority Mail to: Frederick Co. Sanitation Authority Attn: Engineer P.O. Box 1877 Winchester, VA 22604 (540) 868-1061 Hand deliver to: fin Frederick Co. Sanitation Authority J U L. 2 4 ZOOS Attn: Engineer 315 Tasker Road g_ _ Stephens City, VA F a ApplicantPlease>fill out the:information as accurately as possible ni oider;to assist the:Samtation Authoritywth theiraeview A.ttacl<a copy of -your appheation form, loeahonmap, proffer,-. ;;statement,°impact;analysis,ancl any other pertinent,information r ' Applicant's Name Mailing Address: Patton Harris Rust & Associates, Phone: (540) 667-2139 ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 . Location of Property: The Property is located at the existing terminus of Commonwealth Court (Rt 1167) west and adjacent to Interstate 81 in the Shawnee Magisterial District. Current Zoning: B3 Zoning Requested: B2 Acreage: 6.02 acres Sanitation Authority Comments: Sanitation Authority Signature & Date: �j'�✓ ��1�. �� C%/'// Notice to Sanitation Authority — Please Return This Form to the Applicant 0 8 0 to • Rezoning Comments Sportsplex Frederick -Winchester Service Authority Mail to: Fred-Winc Service Authority Attn: Jesse W. Moffett, Executive Director P.O. Box 43 Winchester, VA 22604 (540) 722-3579 .Hand deliver to: Fred -Wine Service Authority Attn: Jesse W. Moffett 107 North Kent Street Winchester, VA 22601 Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers .--_ --- - - --� -- -- 117 E. Piccadilly Street, Suite 200 = == �I Winchester, VA 22601 j � �1 JUI. 2 4 2008 Location of Property:i r The Property is located at the existing terminus of Cormnonwealth Court (Rt 1167) west and — 4 adjacent to Interstate 81 in the Shawnee Magisterial District. Current Zoning: B3 Zoning Requested: B2 Acreage: 6.02 acres Fred -Wine Service Authority's Comments: o Fred-Winc Service Authority's Signature & Date: Yf Notice to Fred-Winc Service Authority — Please Return This Form to the Applicant 15 • Rezoning Comments Sportsplex Frederick — Winchester Health Department Mail to Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent Street Winchester, VA 22601 (540) 722-3480 Hand deliver to: Frederick -Winchester Health Dept. Attn: Sanitation Engineer 107 North Kent St., Suite 201 Winchester, VA 22601 (540) 722-3480 ;'Applicant Pleasefill out the ui`fornration as; accurately as possible in%order to assist the Frederick V4jmchester Helth;'Department with tliel� revzew Attach; a copy of your agphcaton farm, locatiowniap, proffer statement, Ini pact,aualysis; and,any other pertinent information Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 • Location of Property: The Property is located at the existing terminus of Commonwealth Court (Rt 1167) west and adjacent to Interstate 81 in the Shawnee Magisterial District. Current Zoning: B3 Zoning Requested: B2 Acreage: 6.02 acres Fre der'ck — Winchester ch ter Health Department's Comments: Jf < Signature & Date: 7 z3 fJ Notice to Health Department — Please Return This Form to the Applicant • 9 1( JUL 62.008 BY: ------------- • Rezoninjz Comments Sportsplex Frederick County Department of Geographic Information Services (GIS) Attn: Marcus Lemasters, GIS Director 107 N. Kent Street Winchester, VA 22601 • ttApintPpo assistthe :Depament ©f GIS wrth tlrerr regrew. Attach a copy of your application form, location map,; proffer statement, impact analysis, and aauy other pertinent innformation Applicant's Naine: Mailing Address: Patton Harris Rust & Associates, Phone: (540) 667-2139 ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 Location of Property: The Property is located at the existing terminus of Commonwealth Court (Rt 1167) west and adjacent to Interstate 81 in the Shawnee Magisterial District. Current Zoning: B3 Zoning Requested: B2 Acreage: 6.02 acres Dwcpartment of GI Comments: r N 0 ORd MEG W, ifI,{ (rfd aj ' bi' 4int . Qmi fic of JTXfVt O U lko a & as jrC , DI fU(- rdV7a'� B�er& Ckniu IT DwMnwl GIS Signature & Date: Notice to Dept. of GIS — Please Return This Form to the Applicant 13 COUNTY of FREDERICK Department of Planning and Development 540/ 665-5651 FAX: 540/ 665-6395 July 24, 2008 Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Sheets, Suite 200 Winchester, Virginia 22601 RE: Request for Historic Resources Advisory Board (HRAB) Comments Sportsplex PIN # 75-A-91C Dear Mr. Sowers: Upon review of the proposed rezoning, it appears that the proposal does not significantly impact historic resources and it is not necessary to schedule a formal review of the rezoning application by the HRAB. According to the Rural Landmarks Survey, there are no significant historic structures located on the property nor are there any possible historic districts in the vicinity. It was also noted that the National Park Service Study of Civil War Sites in the Shenandoah Valley does not identify a core battlefield within this area. Thank you for the chance to comment on this application. Please call if you have any questions or concerns. Sincerely, Amber Powers Planner I ALP/bad 0 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 • Rezoninjz Comments Sportsplex Frederick County Department of Parks & Recreation Mail to: Hand deliver to: Frederick County Frederick County Dept. of Parks & Recreation Department of Parks & Recreation 107 North Kent Street Co. Administration Bldg., 2nd Floor Winchester, VA 22601 107 North Kent Street (540) 665-5678 Winchester, VA 22601 Applicant Please fill out tl�e information as accurately as posszble ;m order to r assrst ;the: �I`iepartmem ,of Parks &;�ec�eatw�r �rr�i1 thou revte�v �ttaci�{ a copy of �:o�ur a�spil.��on �dt�,~ location nal�, prgffer statement, impact'analysis, an,, 4ny other pertinent information Applicant's Name: Patton Harris Rust & Associates, Phone: (540) 667-2139 Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester. VA 22601 • Location of Property: The Property is located at the existing terminus of Commonwealth Court (Rt 1167) west and adjacent to Interstate 81 in the Shawnee Magisterial District. Current Zoning: B3 Zoning Requested: B2 Acreage: 6.02 acres Dept. of Parks & Recreation Comments: No Comment Signature & Date: Notice to Dept. of Parks & Recreation — Please Return This Form to the Applicant • 6 • 0 y� SERVING THE TOP OF VIRGINIA / July 21, 2008 • L WINCHESTER REGIONAL Al 491 AIRPORT ROAD WINCHESTER, VIRGINIA 22602 (540) 662-2422 Patrick Sowers Patton Harris Rust & Associates 117 E. Piccadilly Street, Suite 200 Winchester, Virginia 22601 Re: Rezoning Comment Sportsplex Shawnee Magisterial District Dear Mr. Sowers: The proposed rezoning request has been reviewed and impact operations at the Winchester Regional Airport. Thank you for the opportunity to review this request. Sincerely, S. R. Manuel Executive Director Rezoning Comments Sportsplex Superintendent of Frederick Co. Public Schools Mail to: Frederick Co. Public Schools Attn: Superintendent P.O. Box 3508 Winchester, VA 22604 (540) 662-3888 Hand deliver to: Frederick Co. Public Schools Attn: Superintendent School Administration Bldg. 1415 Amherst St. Winchester, VA 22601 Applicant: Please fill out the information as accurately as possible in order to assist the Superintendent of Public Schools with his review. Attach a copy of your application form, location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: Patton Harris Rust & Associates, Mailing Address: ATTN: Patrick Sowers 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 Location of Property: JUL �� f C--S The Property is located at the existing terminus of Commonwealth Court (Rt 1167) west and adiacent to Interstate 81 in the Shawnee Magisterial District. Current Zoning: B3 Zoning Requested: B2 Acreaoe: 6.02 acres Superintendent of Public Schools' Comments: Superintendent Signature & Date Notice to School Superintendent --, P,4y'i 6 Q Tam, lo-►-- Return This Form to the Applicant--3 i_ rl 0 0 Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 October 27, 2008 E-mail: rwillia@co.frederick.va.us Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Sportsplex — Proposed Rezoning Dear Patrick: You have submitted to Frederick County for review proposed rezoning application materials for the "Sportsplex" property, Parcel Identification Number 75-A- 91 C. Specifically, the proposed rezoning application contemplates the rezoning of 6.02 acres, in the Shawnee Magisterial District, from B3 (Industrial Transition District) to B2 (Business General District) with proffers. I have now reviewed the proposed Proffer Statement, bearing a revision date of October 3, 2008. It is my opinion that the Proffer Statement would be in a form to meet the requirements of the Frederick County Zoning Ordinance and the Code of Virginia, and would be legally sufficient as a proffer statement, subject to the following comments, concerning Section 1.1 of the Proffer Statement: • The proffer does not state how existing or then -existing Average Daily Trip (ADT) count would be calculated at the time of termination of the primary use of the Property, nor does the proffer state how the ADT count of any new primary use of the Property would be calculated. • Other uses under Standard Industrial Classification (SIC) Code 79, besides the current use, might result in an increased ADT count, but, as written, the proffer would not provide for any mitigation of such impacts. • Preparation of the proposed Traffic Impact Analysis (TIA) in the proffer would be by a consultant of the applicant's choosing. • The proffer does not appear to define specifically acceptable Levels of Service (LOS) or reference specific county standards for acceptable LOS. • The proffer does not indicate a means for a calculation of the value of the potential transportation improvements that may be identified by the TIA prepared in the event of a new use. 107 North Kent Street • Winchester, Virginia 22601 Mr. Patrick Sowers • October 27, 2008 • While a particular new use of the Property might result in, among other things, an increased ADT count, such a new use might not necessarily require issuance of a new certificate of occupancy and therefore might not trigger any monetary contribution stated in the proffer. I would also reaffirm my previous comment, from my letter of August 19, 2008, that, with respect to required adjoiner notifications, it appears that two additional properties bear adjacency to the subject property and therefore should be included on the notification list, if not already included. Those properties are identified by Parcel Identification Numbers 75-A-91J and 75-A-92. I have not reviewed the substance of the proffers as to whether the proffers are suitable and appropriate for this specific development, as my understanding is that that review will be done by staff and the Planning Commission. Sincerely, Roderick B. Williams County Attorney cc: Candice E. Perkins, AICP, Senior Planner 0 11 COUNTY of FREDERICK Roderick B. Williams County Attorney 540/722-8383 Fax 540/667-0370 August 19, 2008 E-mail: rwillia@co.frederick.va.us Mr. Patrick Sowers Patton Harris Rust & Associates 117 East Piccadilly Street, Suite 200 Winchester, VA 22601 Re: Sportsplex — Proposed ;R ezcring Dear Patrick: You have submitted to Frederick County for review proposed rezoning application materials for the "Sportsplex" property, Parcel Identification Number 75-A- 91 C. Specifically, the proposed rezoning application contemplates the rezoning of 6.02 acres, in the Shawnee Magisterial District, from B3 (Industrial Transition District) to B2 (Business General District). Seeing as how the proposed rezoning application materials do not include a proffer statement, and do not otherwise suggest any proffers at the present time, I therefore have no comments on the legal sufficiency of particular elements of the proposal. I will otherwise defer to staff and the Planning Commission for their review of the proposed rezoning, to ascertain its suitability and appropriateness. I do note that, with respect to required adjoiner notifications, it appears that two additional properties bear adjacency to the subject property and therefore should be included on the notification list. Those properties are identified by Parcel Identification Numbers 75-A-91J and 75-A-92. Sincerely, 4ed_ Roderick B. Williams County Attorney cc: Candice E. Perkins, AICP, Senior Planner 107 North Kent Street • Winchester, Virginia 22601 .0 0 SPORTSPLEX PROPERTY - IMPACT ANALYSIS STATEMENT December 2008 The Sportsplex Property, identified by Frederick County records as Tax Map Parcel 75-A- 91 C consists of 6.02 acres located at the existing terminus of Commonwealth Court within Common -wealth Business Center as accessed from Route 11 (See Figure 1). The Property is currently in operation as an indoor recreation facility and accessory uses as permitted under the Property's current B3 (Industrial Transition) zoning designation. The Applicant would like to utilize space within the existing facility for child day care services, but this is not a permitted use under the current B3 zoning designation. Additionally, as the child care services would not be exclusively for members of the Sportsplex wlile they are using the facility, it would also not be permitted as an accessory use currently. As such, die Applicant is requesting to rezone the Property to the B2 (General Business) zoning district which includes child day care services as an allowed use in order to implement this service at the existing Sportsplex facility. SURROUNDING PROPERTIES Figure I includes aerial photography from 2006 depicting adjacent land uses. The site is bordered by existing coininercial and industrial uses. To the North is the HP Hood processing facility zoned M2 (Heavy Industrial). South of the Property is Gander Mountain as well as the recently constructed Camping World. These two adjacent sites are zoned B2 (General Business) as a result of a B3 to B2 rezoning (#05-06) approved ii 2006. The site is bounded to the Fast by Interstate 81. .Figure 2 provides a zoning context reap depicting the existing zoning categories found in the vicinity of the site. LAND USE The Sportsplex Property is located wholly within the Urban Development Area (UDA) and the Sewer and Water Service Area (SWSA) of Frederick County. These boundaries help to define the areas intended for more intensive forms of development with the County. Additionally, the subject acreage is located within die study boundary of the .Eastern Frederick County Long Range Land Use Plan which recommends corrunercial land uses within the vicinity of the site. As such, the proposed B2 commercial rezoning is in harmony with the land use envisioned by the Frederick CountyComprehensive Policy Plan. ACCESS AND TRANSPORTATION The Property would be served by Connrnonwealdl Court, which provides access to the Property today. Commonwealth Court was originally constructed with a standard cul-de-sac. During construction of the Gander Mountain facility, this cul-de-sac was upgraded to a traffic circle which provides iinproved access and traffic flow and also accommodates an niter -parcel connector to land located south of Commonwealth Business Park. A signalized intersection provides access to Route 11 from Commonwealth Court. hiipacl Analysis Slalenre7ll — Sporlsplex Properly 1 `5 B F 1-1 -01B M -01A SPORTSPLEX PROPERTY Patton, Harris, Rust &Associates ti � � I ZONING CONTEXT 117 E. Picadilly St. Winchester, Virginia 22601 0 (b VOICE: (540) 667-2139 FAX: (540) 665-0493 a EREDERICK COUNTY, VIRGINIA • 0 The rezoning application was formally scoped with the Virginia Department of Transportation (VDOT). As the highest traffic generating uses, such as restaurants or gasoline service stations, permitted within die proposed B2 zoning designation are also permitted under the Property's existing B3 zoning designation, VDOT determined that a traffic impact analysis (rIA) would not be requited as part of the application process. In essence, the proposed rezoning would result in inunirnal traffic impacts since the Property has an existing heavy coininercial zoning designation. To provide a safeguard for Frederick County, the Applicant has proffered that if the site is ever to change prunary uses that would result in a greater traffic generation, then the Applicant will complete a TIA and provide constructed improvements and/or a monetary contribution to the County for the pro-rata share of any unptovements identified by the TIA. Additionally, die Applicant has proffered to provide a reserve area for additional I-81 right of way across die Property frontage. This area would be provided at no cost to the County or State if needed to accommodate future I-81 improvements. ENVIRONMENT As the Applicant intends on utilizing the existing facility subsequent to the rezoning, Mete will be no umpacts on environmental features such as wetlands, stream channels, or steep slopes. If an expansion of the existing facility is required to accommodate any future users, then the site will be subject to all applicable regulations during the site plan process. Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel #510063-0200B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of m_iniinal flooding outside of the 100-year flood plain. SEWAGE CONVEYANCE AND WATER SUPPLY The water and sewer connections serving the existing facility will be maintained for any future users at the facility. If the site were to ever be redeveloped for a future B2 user, any proposed water and sewer facilities would be subject to review at time of site plan. SOLID WASTE Solid waste will be transferred to the Frederick County Landfill for disposal as it is under current operations for the Sportsplex. If the site were to develop as a more intensive commercial use then the approximate 100,000 square feet of existing floor space would generate 2,500 pounds of solid waste per day assuming a rate of 25 lbs/1,000 square feet. Impacl Analysis Slcalemenl — Sporlsplex Property 2 • HISTORIC SITES AND STRUCTURES The subject site does not include any historic structures as identified by the Frederick County Rural Landmarks Survey. Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not located within any core battlefield areas. The site is located just outside the study area boundaries for the First and Second Battles of Kernstown. IMPACT ON COMMUNITY FACILITIES The proposed rezoning of the Sportsplex Property will create no impacts on community facilities. The existing commercial nature of the Property will be unchanged, as such tax revenues generated by the Property will not decrease as a result of rezoning property to the B2 District. Impact Aimlysis Slatemml — Sportsplex Property 3 • The rezoning application was formally scoped with the Virginia Department of Transportation (VDOT). As the highest traffic generating uses, such as restaurants or gasoline service stations, permitted within the proposed B2 zoning designation are also permitted under the Property's existing B3 zoning designation, VDOT determined that a traffic impact analysis (TIA) would not be required as part of the application process. In essence, the proposed rezoning would result in minimal traffic impacts since the Property has an existing heavy commercial zoning designation. To provide a safeguard for Frederick County, the Applicant has proffered that if the site is ever to change primary uses that would result in a greater traffic generation, then the Applicant will complete a TIA and provide a monetary contribution to the County for the pro-rata share of any improvements identified by the TIA. ENVIRONMENT As the Applicant intends on utilizing the existing facility subsequent to the rezoning, there will be no impacts on environmental features such as wetlands, stream channels, or steep slopes. If an expansion of the existing facility is required to accommodate any future users, then the site will be subject to all applicable regulations during the site plan process. Flood plain data for the subject parcels is delineated on the Flood Insurance Study Map for Frederick County prepared by the U.S. Department of Housing and Urban Development, Community Panel # 510063-0200B, effective date July 17, 1978. The entire site is located in Flood Zone C, which denotes areas of minimal flooding outside of the 100-year flood plain. • SEWAGE CONVEYANCE AND WATER SUPPLY The water and sewer connections serving the existing facility will be maintained for any future users at the facility. If the site were to ever be redeveloped for a future B2 user, any proposed water and sewer facilities would be subject to review at time of site plan. SOLID WASTE Solid waste will be transferred to the Frederick County Landfill for disposal as it is under current operations for the Sportsplex. If the site were to develop as a more intensive commercial use then the approximate 100,000 square feet of existing floor space would generate 2,500 pounds of solid waste per day assuming a rate of 25 lbs/1,000 square feet. HISTORIC SITES AND STRUCTURES The subject site does not include any historic structures as identified by the Frederick County Rural Landmarks Survey. Pursuant to the National Park Service Study of Civil War Sites in the Shenandoah Valley of Virginia, the subject site is not located within any core battlefield areas. The site is located just outside the study area boundaries for the First and Second Battles of Kernstown. is Lnpact Analysis Statement — Sportsplex Property 2 • IMPACT ON COMMUNITY FACILITIES The proposed rezoning of the Sportsplex Property will create no impacts on community facilities. The existing commercial nature of the Property will be unchanged, as such tax revenues generated by the Property will not decrease as a result of rezoning property to the B2 District. • Impact Analysis Statement — Sportsplex Property 0 • SISAI-Wxv ► DvdlxI 'II 11 0 0 02001720,� CD VICINITY MAP Scots: 1"-2000' A 44 700, FREDERICK COUNTY SUBDIVISION APPROVALS NOVO INISTRATOR DATE OWNER'S CERTIFICATE THE ABOVE AND FOREGOING BOUNDARY LINE ADJUSTMENT BETWEEN LOT 3 AND LOT 4A, COMMONWEALTH BUSINESS CENTER, IN THE NAME OF DAVID B. HOLLIDAY, AS APPEARS IN THE ACCOMPANYING PLATS, IS WITH FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES AND WISHES OF THE UNDERSIGNED OWNERS, PROPRIETORS, AND OR TRUSTEES, IF ANY. DAVID B. DATE NOTARY PUBLIC I, fOerJ J A NOTARY PUBLIC IN AND FOR THE STATE -f RR OF VIRGINIA, AT LARGE, DO CERTIFY THAT C6!%id B. t�61hdo,/ WHOSE NAME IS SIGNED ON THE FOREGOING OWNER'S CO S NK T, HAS ACKNOWI,E D THE SAME BEFORE ME IN MY STATE. -Q31- sty NOTARY O GIVEN UNDER MY HAND THIS y30'- DAY OF 2002. MY COMMISSION EXPIRES SURVEYOR'S CERTIFICATE n I, ELLIOTT RITCHIE, JR., A DULY AUTHORIZED LAND SURVEYOR IN THE STATE OF VIRGI6,..DO, HEREBY CERTIFY THAT THE LAND EMBRACED IN THIS BOUNDARY LINE ADJUSTMENT IS A PORTION OF THE SAME LAND CONVEYED TO DAVID B. HOLLIDAY BY A DEED DATED JUNE 10, 1999 AND RECORDED IN THE OFFICE OF THE CLERK OF THE CIRCUIT COURT OF FREDERICK COUNTY, VIRGINIA IN DEED BOOK 939, AT PAGE 562, FURTHER DESIGNATED AS LOT 3 AND A PORTION OF LOT 4, COMMONWEALTH BUSINESS CENTER, RECORDED IN THE AFOREMENTIONED CLERK'S OFFICE IN DEED BOOK 942. AT PAGE 1182; LOT 4, COMMONWEALTH BUSINESS CENTER IS FURTHER DESCRIBED BY A BOUNDARY LINE ADJUSTMENT RECORDED IN THE AFOREMENTIONED CLERK'S OFFICE IN DEED BOOK 950, AT PAGE 704, AND LOT 4, COMMONWEALTH BUSINESS CENTER, IS FURTHER DESCRIBED AGAIN IN A SUBDIVISION OF LOT 4, COMMONWEALTH BUSINESS CENTER, RECORDED IN THE AFOREMENTIONED CLERK'S OFFICE IN DEED BOOK 954, AT PAGE 1648. ELLIOTT RITCHIE, JR. C.L.S. RES.®1318 OFL ,�1v�TH FINAL PLAT O CPC BOUNDARY LINE ADJUSTMENT LOT 3 AND LOT 4 COMMONW£4 N BUSINESS CENIFR Elliott Ritchie, Jr. BACK CREEK MAGISTERIAL DISTRICT FREDERICK COUNTY, VIRGINIA LICENSE No. 1318 Date:September 27, 2002 Scale:t =100' Sheet 2 of 2 PAINTER-LEWIS, P.L.C. It F4�/oa + �Nb SURVS�i 302 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 22601 540-662-5792 30.43' 80000' 11805' S 56682187'0149" EW 2394.0484"4407 40 34.55 '" 1 127'01'02' 1 58.00' 1 116.37' 1 S 14'16 21" W 103.82 119ry NOTES Q NO Title Report Furnished. 9ati Easement may exist that are not Lot 4A y Spiderweb Technology, L.L.C. shown on this plat. D8954, P1648 Iron Rods will set at all property PIN-75—A-91G corners. Use:Commercial ORL-Building Restriction Line Zoned:8-3 N_34' 16' 16" E 331.77' es sT �. 25' Dra ni oge—— Q Easement . Icn � 4 w `°� mQy/ U�L,41�- v LOT 48 I M 2.9046 ACRES PIN=75-A-91 D Zoned:B-3 `$ / to 1 On• iI Mal tot J 4y G r— .d x a, Svm t�Mp, U c.1vr4Q Em c 0mav =N NI 0 0 ^' U Z _� 15 BRL _ _ -- S 32'22 03" W 441.20' z o N a. S) S� Original Lot 3 Hereby Vacated S h c o 3/ (I:m Z N N 3j spa' I -- I 1 u' �I LOT 3A 6.0238 ACRES m PIN•7AC J Zoneded:8-38-3 / N S 32'24'29' W 590.51' S.B.L. // ERSMIT ROME 81 Adjusted Area Original Area (Voriobie Width Lot 48 2.9046 AC Lot 4 2.9346 AC Lot 3A 6.0238 AC Lot 3 5.9938 AC 8.9284 AC. 8.9284 AC TH F.� OFLj BOUNDARYNAL LINEPLAT ADJUSTMENT 'PC LOT 3 AND LOT 4 COMMONWE& N BUSINESS CENTER BACK CREEK MAGISTERIAL DISTRICT Elliott Ritchie, r. FREDERICK COUNTY, VIRGINIA LICENSE No. Dote:September 27, 2002 Scale: 1 -- 100' Sheet 2 of 2 1318 9/W-j�y + PAINTER-LEWIS, P.L.C. �Nv SURvti�� 302 SOUTH BRADDOCK STREET WINCHESTER, VIRGINIA 22601 540-662-5792 02( l IC-LLY Z. ATTQXNan AT WY A 2OUTN KtWr PRIFT WMCMpT6011, VIKGIN IA 23MI is • ' tF 018080 JJ O O Cn THIS DEED, made and dated this 17`h day of October, 2002, by and between DAVID B. HOLLIDAY, party of the first part, hereinafter called the Grantor; and RONALD A. HODGSON, party of the second part, hereinafter called the Grantee. WITNESSETH: That for and in consideration of the sum of Ten Dollars (S10.00), cash in hand paid and other good and valuable consideration, receipt whereof is hereby acknowledged, the Grantor does grant and convey, with General Warranty and with English Covenants of Title, unto the Grantee, in fee simple, all of the following realty: All of that certain lot or parcel of land, together with all rights, rights of way, privileges, easements and the appurtenances thereunto belonging, lying and being situate in Back Creek Magisterial District, Frederick County, Virginia, designated as LOT 3A, COMMONWEALTH BUSINESS CENTER, containing 6.0238 acres according to Final Plat Boundary Lane Adjustment prepared by Elliott Ritchie, Jr., L.S., dated September 27, 2002, and recorded in the Office of the Clerk of the Circuit Court of Frederick County, Virginia, as Instrument No. 020017288; AND BEING a portion of the same property conveyed to David B. Holliday by Special Warranty Deed from Marshall National Bank and Trust Company Trustee Under the Will of J. S. Cooley dated June 10, 1999, and recorded in the aforesaid Clerk's Office in Deed Book 939, at Page 562. Reference is here made to the aforesaid instruments, the attachments thereto and the references therein contained for a further and more particular description of the property hereby conveyed. • This conveyance is made subject to all legally enforceable restrictive ' covenants and easements of record affecting the aforesaid realty. W.?TIESS the following signature and seal: i (SEAL) DAVID STATE OF VIRGINIA I CITY OF WINCHESTER, to -wit: I I, Sharon L. Mott, a Votary Public in and for the State and jurisdiction aforesaid, do hereby certify that DAVID B. HOLLIDAY, whose name is signed to the foregoing Seed, searing bate of the ' 7' day oi' Octoaer, 2002, ias tiis clay personally appeared before me and acknowledged the same in my State and i .,,,,jupsdiction aforesaid. �t11 •, ''r� '•: Given under my hand this 171 da of October, 2002. NOTARY14JBILIC S• My commission expires June 30, 2005. Xw"Nom Gil, ( w of aenifkare of D A AdtWiled ro rccnM Tx {m��r bY�ne. U1,60 ot 58.1•ae1 h w boon PW4 ii l [C'SY oLASS •rronti[r[ At uw (* r wwc.remrr,vr�a�� 2MI is ViewDetail Page 1 of 1 Real Estate Public Inquiry Ticket Detail • 2008 REAL ESTATE TAXES Department# : RE2008 Ticket #: 169600001 FRQ: 1 Sup#: 0 Name: HODGSON CONSTRUCTION LLC Account#: 38732 Name 2: Map#: 75 A 91 C Address: 1180 APPLE PIE RIDGE RD Description: LOT 3 COMMONWEALTH BUSINI WINCHESTER VA 6.02 ACRES r1 U • 22603 Bill Date: 06/04/2008 Due Date: 06/05/2008 Land: $1,048,900 Improve: $4,241,400 Use• Original Bill: $13,887.04 Payments: $13,887.04- Acres: 6.02 Penalty Paid: Int Paid: Amount Owed: Other: Last Date: 06/09/2008 Total Owed: Penalty: Interest: Note that if payment has been received within the last 10 business days, any returned items may not be posted at this time. Please check the website again. Date Type Transaction 9 Amount Balance 6/5/2008 Charge 0 $13,887.04 $13,887.04 6/9/2008 Payment 77539 ($13,887.04) $0.00 1 Use the print key for your browser to print a copy of taxes paid for this year. New Search Previous https://www.co.fiederick.va.us/applications/RIJPublicInquiry/ViewDetail.aspx 6/24/2008 COUNTY of FREDERICK w a Department of Planning and Development 540/ 665-5651 17 FAX: 540/ 665-6395 38 MEMORANDUM TO: Finance Department FROM: Pam Deeter, Office Assistant II SUBJECT: Return Of Sign Deposit DATE: February 18, 2009 The amount of $50.00 was deposited in line item 93-010-019110-0008 for the company named below had a deposit for one sign for Rezoning # 16-08 for Sportsplex. 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: RSA/pd '7. Hodgson Construction 1180 Apple Pie Ridge Rd Winchester, VA 22603 107 North Kent Street, Suite 202 • Winchester, Virginia 22601-5000 0 0 RFCFIVFp AppRRFRO44 I'll" Date ,D-j 7-6 Regis 12211-- Register 4206 /Z 'F�ll S 2 7-1 52160 Afo- Isp fi CLAN Pd by D PL4MNING F3 PENAL Ty/INTEREST Tjjp(j Check THE MOIVTH1 U52 00 12120 8 0 u(JS 2.00 2.00 .00 .00 )2.00 .00 FREDERICK COUNTY 'C. WILLIAM ORNDOFF, JR P.O. BOX 225 WINCHESTER VA 22604-0225 SIGN DEPOSITS PLANNING PLANNING Date 12/24/2008 Register: JKH/LKHS2 Trans. #: 52160 Dept # 1095 Acct# Previous Balance $ 50.00 Principal Being Paid $ 50.00 Penalty S .00 1 Interest $ .00 Amount Paid $ 50.00 *Balance Due $ .00 Pd by PLANNING Check 11052.00 # VARIOUS BALANCE DUE INCLUDES PENALTY/INTEREST THRU THE MONTH 12/2008 Patton Harris Rust & AsOciates Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street RAWinchester, VA 22601 PH T 540.667.2139 F 540.665.0493 i ? 3 Transmittal To: Candice Perkins Organization/Company: Frederick County Planning Address: Telephone Number: Date: December 23, 2008 From: Patrick Sowers Project Name/Subject: Sorts lex " Via: Internal Project File #: Quantity File # Date Description Transmitted ® Herewith 45 Copies Sportsplex — Figure 1 ❑ Under separate cover 45 Copies Sportsplex —Figure 2 Material (� )✓ .�(_— �}�yt.l,�t7 ® ❑ Originals Photocopies ❑ Diskette ❑ Shop Drawings ❑ Mylar ❑ Ozalid Prints ❑ Invoice ❑ Sepia Purpose ® Your Use ® Your Files Notes: ❑ Approval ❑ Please Return: Corrected Prints ❑ Please Submit: Revised Prints Received by: Date: 0 • Patton Harris Rust & Associates Memorandum Engineers. Surveyors. Planners. Landscape Architects. 117 East Piccadilly Street PR+A Winchester, Virginia 22601 H T 540.667.2139 F 540.665.0493 To: Candice Perkins, AICP Organization/Company: Frederick County Planning From: Patrick Sowers Date: December 23, 2008 Project Name/Subject: Sportsplex Rezoning PHR+A Project file Number: 12643-1-1 cc: Please find attached the following revised materials for the Sportsplex Rezoning Application: 1. Revised Proffer Statement dated December 23, 2008 with attached exhibit for the I-81 R/W Reserve Area. 2. Revised Adjourning Property Owners list to include parcels 75-A-91J and 75-A-92 as identified by the County Attorney. 3. Updated Comment from VDOT dated 12/2/08. 4. Updated Comment from County Attorney dated 12/8/08. 5. Revised Impact Analysis Statement dated December 2008. 6. 45 color copies of Exhibit 1 for PC agenda packages. 7. Application fee in the amount of 10,652.00. If you have any questions, please feel free to call me at (540) 667-2139. PRS ��,232009 r 9�- rlirl(�31 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 s; MEMORANDUM TO: Roderick B. Williams, County Attorney FROM: Candice E. Perkins, AICP, Senior Planner RE: Rezoning Application Proffer Statement DATE: July 28, 2008 Please find attached to this memorandum the proffer statement for the Sportsplex Property. We would appreciate your review of the Proffer Statement. Thank you for your assistance. cc: John R. Riley, Jr., County Administrator Attachment CEP/bad 107 North Kent Street, Suite 202 - Winchester, Virginia 22601-5000 • 0 COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/665-6395 NOTIFICATION OF PUBLIC NEARING January 28, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROP Z1, I!- I 1-A'OWNLR(S, IRE: REZONING APPLICATION #16-08 FOR SPORTSP.LEX On behalf of the Frederick County Boar,.l of Supervisors, you ar,:, hereby notified of a public hearing being held on 'Wednesday, February 11, 2009, at 7:15 p.m., in the Board Room of the Frederick County Administration Building at 107 :North Kent Street, 1ATinchester, irgin:ia to c.•ousider the following application: Rezoning #16-08 for Sportsplex, submitiedl..'cy Pat`c_on rlariis Rust & Associa.t.<�s, to from the M (Industrial Transition Business) District t'-) the 2 (Ieneral B>>siness) District; with proffers, for Comi-nercial Use. The propert., is located cn. Corru- ormveal.h Court (Route 1167) west and adjacent to Interstate 81, in the Shawnee iv,a.,,giste ial District, i t;i ,s l.dentified by Property Identification Number 75-A-91 C. Any interested parties having questions or wishing to speak attend this pubiie hearing. A copy of the application wiii be available for review at, the Handley Library and the Bowman Library the week of the meeting, or at the Department of Planning and Developmeatlocated at 107 North Gent Street in Winchester, Virginia, or by calling (5410) 665• ,651. 'fog.. .:an also visit: us ore the web at: www.co.frederick.va.us. Sincerely, Candice f.. Perkins, AICP Sei)ior Plainer 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 o K o from the Department of Planning and Development, Frederick County, Virginia: 75 -A- - 91-C HODGSON CONSTRUCTION LLC 1180 APPLE PIE RIDGE RD WINCHESTER VA 22603.3301 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 75 -A- - 91.1 THE MLR COMPANIES LLC 185 COMMONWEALTH CT WINCHESTER VA 22602.5322 63 - A- - 86-A H P HOOD INC ATTN: SALLY SEVIER 6 KIMBALL LN STE 400 LYNNFIELD MA 01940-2685 75-A--91. GLAIZE DEVELOPMENTS INC PO BOX 888 WINCHESTER VA 22604.0888 75 -A- - 91-K KTJ LIMITED PARTNERSHIP 133 CIO OPPIDON INVESTMENT CO 5125 CITY RD 101 #100 MINNETONKA MN 55345 STATE OF VIRGINIA COUNTY OF FREDERICK 75 -A- - 91-B RAINIER GMVA10 LLC C/O RAINIER PROPERTIES LP 13760 NOEL RD STE 800 DALLAS TX 75240.1307 Candice E. Perkins, Senior Planner Frederick County Planning Dept. I, ��L� - a6,x-16�L , a Notary Public in and for the State and County i aforesaid, d ereby certify that C ice E. Perkins, Senior Planner for he Department of Planning and Development, whose name is signed to the foregoing, dated l 02 , has personally appeared before me and acknowledge ie same in my State and County aforesaid. Given under my hand this c�! �a'v day of My commission expires on fNOTA.Y II # 331 j7tj hall., NUTAf1Y ID # 331 £s 7t+NOTAnY PUBLIC COMMONWEALTH OF V!RGINIA r NOTARY P BLIC dAYCtiPAMISSIONEXPIRE:i J1LY37,2071 }' :nnm.reXPIR ULY3-N., 201p ;1 CJ COUNTY of FREDERICK Department of Planning and Development 540/665-5651 FAX: 540/ 665-6395 NOTIFICATION OF PUBLIC HEARING January 9, 2009 TO: THE APPLICANT(S) AND/OR ADJOINING PROPERTY OWNER(S) RE: REZONING APPLICATION #16-08 FOR SPORTSPLEX On behalf of the Frederick County Planning Commission, you are hereby notified of a public hearing being held on Wednesday, January 21, 2009, 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 #16-08 for Sportsplex, submitted by Patton Harris Rust & Associates, to rezone 6.02 acres from the B3 (Industrial Transition Business) District to the B2 (General Business) District, with proffers, for Commercial Use. The property is located on Commonwealth Court (Route 1167) west and adjacent to Interstate 81, in the Shawnee Magisterial District, and is identified by Property Identification Number 75-A-91 C. 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 This is to certify th t the attached correspondence was mailed to the following on 1.1 1h d l from the Department of Planning and Development, Frederick County, Virginia: ' 75 -A- - 91-C HODGSON CONSTRUCTION LLC 1180 APPLE PIE RIDGE RD WINCHESTER VA 22603.3301 Patton Harris Rust Associates, PC 117 E. Piccadilly Street, Suite 200 Winchester, VA 22601 75 -A- - 91.1 THE MLR COMPANIES LLC 185 COMMONWEALTH CT WINCHESTER VA 22602.5322 63 - A- - 86-A H P HOOD INC ATTN: SALLY SEVIER 6 KIMBALL LN STE 400 LYNNFIELD MA 01940.2685 75 -A- - 91- GLAIZE DEVELOPMENTS INC PO BOX 888 WINCHESTER VA 22604.0888 75 -A- - 91-K KTJ LIMITED PARTNERSHIP 133 CIO OPPIDON INVESTMENT CO 5125 CITY RD 101 #100 MINNETONKA MN 55345 STATE OF VIRGINIA COUNTY OF FREDERICK 75 -A- - 91-B RAINIER GMVA10 LLC CIO RAINIER PROPERTIES LP 13760 NOEL RD STE 800 DALLAS TX 75240.1307 Candice E. Perkins, Senior Planner Frederick County Planning Dept. i a Notary Public in and for the State and County aforesaid, 4 hereby certify that ndice E. Perkins, Senior Planner for the epartment of Planning and Development, whose name is signed to the foregoing, dated I q oey , has personally appeared before me and acknowledge the same in my St to and County aforesaid. Given under my hand this — day of too c� My commission expires on �Ca NOTARY ID # 331878 NOTARY COMMONWEALTH OFIVIRGINIA MYCOMMISSION EXPIRES JULY31.2011 NOTAR UBLIC AJ Adjoining Property Owners — Sportsplex r TO:BARBARA-DATA PROCESSING FROW BEV - Panning Dept. Please print sets ofJ�abelsby )� 3 CTHANKSI/ Owners of property adjoining the land will be notified of the Planning Commission and the Board of Supervisors meetings. For the purpose of this application, adjoining property is any property abutting the requested property on the side or rear or any property directly across a public right-of-way, a private right-of-way, or a watercourse from the requested property. The applicant is required to obtain the following information on each adjoining property including the parcel identification number which may be obtained from the office of the Commissioner of Revenue. The Commissioner of the Revenue is located on the 2"d floor of the Frederick County Administrative Building, 107 North Kent Street. Name Address Property Identification Number (PIN) Name: The MLR Compj�nies LLC 185 Commonwealth Court Property #: 75-A-91I ✓ Winchester, VA 22602 Name: HP Hood Inc. atizy; Sally Sevier 6 Kimball Ln #: 63-A-86A j/ Lynnfeild, MA 01940 -Property Name: Glaize Developments, II P.O. Box 888 Property #: 75-A-91 I Winchester, VA 22604 Name: Glaize Developments, Inc. P.O. Box 888 Property #: 75-A-90 Winchester, VA 22604 KTJ Limited Partnership 133 Name: c/o Oppidon In vest}nent Co 5125 City Rd 101, #100 Property #: 75-A-91K �/ Minnetonka, MN 55345 Rainier GMVA10 LLC Name: c/o Rainier Prop rries LP J 13760 Noel Rd, Ste 800 Property #: 75-A-91B Dallas, TX 75240 Name: Glaize Developments, Inc. P.O. Box 888 #: 75-A-92 Winchester, VA 22604 -Property KTJ Limited Partnership 162 Name: c/o Oppidon Investment Co 5125 City Rd 101, #100 Property #: 75-A-91J Minnetonka, MN 55345 Name: Property #: Name: Property #: Name: Property #: s � M 7` r, • ;, ; �►� M .� `fir 'h s shy �� -�►.: ` '�� '� �` �V% 01. 15-2009 �40-01 f 7 I"G 0 0 Fyn -0 rL 0 44 Document Approval Form PLEASE REVIEW THE ATTACHED DOCUMENT. IF THIS DOCUMENT MEETS YOUR APPROVAL PLEASE INITIAL AND PROVIDE THE DATE AND TIME OF YOUR APPROVAL. IF THIS DOCUMENT DOES NOT MEET YOUR APPROVAL PLEASE PROVIDE COMMENTS AS TO WHAT YOU WOULD LIKE TO HAVE COMPLETED. INITIALS Candicetic Mark Dana Eric Mike John Amber COMMENTS: DATE & TIME Received by Clerical Staff (Date & Time): U:\Pam\Common\Document Approval Form.wpd