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Home My WebLink About01-23 CommentsFrom:Rod Williams To:Tim Stowe Cc:Wyatt Pearson; John Bishop; Tyler Klein Subject:FW: "[External]"RE: Car Credit Nation rezoning Date:Tuesday, December 20, 2022 1:02:57 PM Attachments:image001.jpg 1260.0 Car Credit Nation rezoning proffer 12-15-22.docx Dear Tim, I have reviewed the revised proposed proffer statement, dated December 15, 2022, and find it acceptable as to form, to meet legal requirements. Review of the substance of the proffer statement remains subject to staff and Planning Commission comment. Best, Rod From: Tim Stowe <timstowe@stowecompanies.com> Sent: Thursday, December 15, 2022 8:31 AM To: Rod Williams <rwillia@fcva.us> Subject: '[External]'RE: Car Credit Nation rezoning Rod, In response to your letter dated 11/14/22, our conversation, and my subsequent conversationwith the Zoning Administrator, the proffers for the subject project have been revised and areattached for your review and approval. Thank you From: Rod Williams <rwillia@fcva.us> Sent: Monday, November 14, 2022 3:18 PM To: Tim Stowe <timstowe@stowecompanies.com> Cc: Wyatt Pearson <wyatt.pearson@fcva.us>; John Bishop <jbishop@fcva.us>; Tyler Klein <tklein@fcva.us> Subject: Car Credit Nation rezoning Tim – Attached please find my comment letter for this matter. Rod Roderick B. Williams County Attorney Frederick County, Virginia 107 North Kent Street Winchester, Virginia 22601 540-722-8383 rwillia@fcva.us Page 1 PROFFER STATEMENT REZONING: RZ # ##-22 PROPERTY: 1.345 acres Parcel 76-(A)-4 RECORD OWNERS: 1467, LLC PROJECT NAME: Car Credit Nation ORIGINAL DATE OF PROFFERS: December 15, 2022 REVISION DATES: MAGISTERIAL DISTRICT: Shawnee Pursuant to Section 15.2-2296 Et. Seq. of the Code of Virginia, 1950, as amended, and the provisions of the Frederick County Zoning Ordinance with respect to conditional zoning, the undersigned Owner hereby offers the following proffers that in the event the Board of Supervisors of Frederick County, Virginia shall approve this Rezoning Application # ##-22 for the rezoning of 1.345-acres from Rural Agricultural (RA) to General Business District (B-2) with proffers, and development of the subject property shall be done in conformity with the terms and conditions set forth herein, except to the extent that such terms and conditions may be subsequently amended or revised by the Owner and such are approved by the Frederick County Board of Supervisors in accordance with the said Code and Zoning Ordinance. In the event that such rezoning is not granted, then these proffers shall be deemed withdrawn and have no effect whatsoever. These proffers shall be binding upon the Owner and any legal successors, heirs, or assigns. The subject property is more particularly described as the lands conveyed to 1467, LLC from 1467 Realty Associates, LLC as recorded in the Frederick County Circuit Court Clerk’s Office as instrument 130011374 dated September 20, 2013, and from James T. Dill as recorded in the Frederick County Circuit Court Clerk’s Office as instrument 220002177 dated February 17, 2022, and consolidated into parcel 76-A-4 as shown in a survey by Marsh & Legge Land Surveyors recorded in the Frederick County Circuit Court Clerk’s Office as instrument 220010125 dated August 11, 2022. References herein to “the property” or “this property” are to the 1.345 portion of the 3.9589+/- acres comprising parcel 76-(A)-4. Proffers: A. Site Improvements 1. Transportation a. Access - Access to this property from Front Royal Pike (US Route 522) shall be limited Page 2 to one existing commercial entrance which will remain unchanged. This entrance will provide ingress and egress to all uses on this site. b. Trail – At the time of site plan development the future trail shown on the Senseny/Eastern Frederick Land Use Plan – Transportation with Trails the planned future trail will be shown along the front of the property. 2. Monetary Contributions – Fire & Rescue a. In recognition of the increased demand on public services, the owner hereby offers the following cash contributions to be paid at the time of building permits. The term “building square foot” shall be the combined floor area for each story being changed from residential to business use. The owner hereby voluntarily proffers a cash contribution to the Frederick County Fire and Rescue Department $0.10 per building square foot. 3. The owner hereby voluntarily restricts uses on the property to automotive dealer and general business office. 4. The owner hereby proffers a “Full Screen” buffer as defined by the Frederick County Zoning Ordinance, to be placed along any neighboring parcels zoned RA with a residential use at the time of site plan approval. The conditions proffered above shall be binding upon heirs, executors, administrators, assigns, and successors in the interest of the owner. In the event the Frederick County Board of Supervisors grants this rezoning and accepts the conditions, the proffered conditions shall apply to the land rezoned in addition to other requirements set forth in the Frederick County Code and Ordinance. OWNER SIGNATURES ON FOLLOWING PAGES Page 3 Respectfully submitted, 1467, LLC, _________________________________________ By: Christopher Maher, JR Its: Managing member COMMONWEALTH/STATE OF ____________________________) COUNTY/CITY OF _____________________) to-wit: The foregoing Proffer Statement was acknowledged before me this ______ day of ___________________, 2022, by Christopher Maher, JR, Managing Member 1467, LLC. _____________________________________________ Notary Public My Commission Expires: ____________________________ Notary Registration # ________________________________ Rezoning CommentsVirginia Department of TransportationMail to; Virginia Department of TransportationAttn: Resident Engineer 14031 Old Valley Pike Edinburg, Virginia 22824(540) 984-5600 Hand deliver to: Virginia Department of TransportationAttn: Resident Engineer 2275 Northwestern Pike Winchester, Virginia 22603Applicant: Please fill out the information as accurately as possible in order to assist the VirginiaDepartment of Transportation with their review. Attach three copies of your application form,location map, proffer statement, impact analysis, and any other pertinent information. Applicant's Name: _T_im_s_to_w_e _________ _ Telephone: _54_0_.6 _86_.7 _3_73 ___ _Mailing Address: Stowe Engineering, PLC 103 He ath Court Winchester, VA 22603 Location of property: _1 _46_7 _F_ro_nt_R_o _ya _l _Pi_ke ___________ _Winchester. VA 22 602 Current zoning: _RA ___ _ Zoning requested: _e_2 ___ _ Acreage: 1.345Virginia Department of Transportation Comments:VDOT Signature & Date: __:�:::t.i-��i..:<1��-�=======....JJt.'�-O�e::..CC..:.......�2JP�'2:z..:i?�---Notice to VDOT- Please Return Form to Applicant21 The documentation within the application to rezone this property (76-(A)-4) from RA to B2 appears to have little impact on Route 522, Front Royal Pike. This route is the VDOT roadway which has been considered as the access to the property referenced. VDOT is satisfied the transportation proffers offered in the 1467, LLC Car Credit Nation rezoning application dated November 3, 2022 address transportation concerns associated with this request. VDOT appreciates the opportunity to provide input on this potential rezoning. Please feel free to contact me at 540-534-3214 if you have any questions or concerns.